[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]



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.


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.

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.


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 

[FR Doc. 99-25163 Filed 9-29-99; 8:45 am]