[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Rules and Regulations]
[Pages 52671-52672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25163]
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DEPARTMENT OF DEFENSE
48 CFR Parts 215, 217, 219, 226, 236, 252, and Appendix I to
Chapter 2
[DFARS Case 98-D021]
Defense Federal Acquisition Regulation Supplement; Reform of
Affirmative Action in Federal Procurement, Part II
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: The Director of Defense Procurement is adopting as final,
without change, an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) policy concerning programs
for small disadvantaged business (SDB) concerns. The amendments conform
to a Department of Justice (DoJ) proposal to reform affirmative action
in Federal procurement, and are consistent with the changes made to the
Federal Acquisition Regulation (FAR) in Federal Acquisition Circulars
(FACs) 97-07 and 97-13. DoJ's proposal is designed to ensure compliance
with the constitutional standards established by the Supreme Court in
Adarand Constructors, Inc. v. Pena, 115 S. Ct. 2097 (1995).
EFFECTIVE DATE: October 1, 1999.
FOR FURTHER INFORMATION CONTACT:
Ms. Susan Schneider, Defense Acquisition Regulations Council,
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC
20301-3062. Telephone (703) 602-0326; telefax (703) 602-0350. Please
cite DFARS Case 98-D021.
SUPPLEMENTARY INFORMATION:
A. Background
This rule finalizes, without change, the interim rule published at
63 FR 64427 on November 20, 1998. The interim rule was issued to
conform the DFARS to the interim FAR rule published in FAC 97-07, at 63
FR 36120 on July 1, 1998, pertaining to reform of affirmative action in
Federal procurement. A final FAR rule on this subject was published in
FAC 97-13, at 64 FR 36222 on July 2, 1999, and will become effective on
October 1, 1999.
No comments were received in response to the interim DFARS rule
published on November 20, 1998.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact
[[Page 52672]]
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because most of the
changes merely conform the DFARS to the FAR rule in FAC 97-07. Two
source selection considerations for SDB concerns currently in the
DFARS, but not in the FAR, are amended by this rule to conform to the
DoJ model: Leader company contracting (DFARS 217.401); and architect-
engineer (A-E) services (DFARS 236.602). These two changes are not
expected to have a significant economic impact on a substantial number
of small entities, since (1) leader company contracting is infrequently
used by DoD; and (2) the primary factor in A-E selection is the
determination of the most highly qualified firm; the SDB consideration
is one of several secondary source selection factors.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Parts 215, 217, 219, 226, 236, and 252
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR parts 215, 217, 219,
226, 236, 252, and Appendix I to Chapter 2, which has published at 63
FR 64427 on November 20, 1998, is adopted as a final rule without
change.
[FR Doc. 99-25163 Filed 9-29-99; 8:45 am]
BILLING CODE 5000-04-M