[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Rules and Regulations]
[Pages 63806-63807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27244]


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DEPARTMENT OF DEFENSE

48 CFR Part 219

[DFARS Case 2000-D021]


Defense Federal Acquisition Regulation Supplement; Update of 
Small Business Specialist Functions

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: The Director of Defense Procurement has issued a final rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to update policy pertaining to the functions of small business 
specialists at DoD contracting activities. The rule provides for small 
business specialist review of all proposed acquisitions exceeding 
$10,000 in value.

EFFECTIVE DATE: October 25, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Schneider, Defense 
Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; 
telefax (703) 602-0350. Please cite DFARS Case 2000-D021.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 19.201(d) (10) of the Federal Acquisition Regulation (FAR) 
requires an Office of Small and Disadvantaged Business Utilization 
within a contracting activity to make recommendations as to whether an 
acquisition should be awarded under FAR Subpart 19.5 as a small 
business set-aside, under FAR Subpart 19.8 as a Section 8(a) award, or 
under FAR Subpart 19.13 as a HUBZone set-aside. The corresponding text 
at DFARS 219.201(d) required DoD small business specialists to review 
and make recommendations for all acquisitions over $10,000, except 
those restricted for exclusive small business participation. This final 
rule revises DFARS 219.201(d) to provide for small business specialist 
review of all acquisitions over $10,000, including those restricted for 
exclusive small business participation. This will permit small business 
specialists to make recommendations for Section 8(a) awards and HUBZone 
set-asides in accordance with FAR 19.201(d). The rule also makes 
editorial changes to update and clarify the text.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Public Law 98-577 and publication for 
public comment is not required. However, DoD will consider comments 
from small entities concerning the affected DFARS subpart in accordance 
with 5 U.S.C. 610. Such comments should cite DFARS Case 2000-D021.

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 Part 219

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Part 219 is amended as follows:

    1. The authority citation for 48 CFR Part 219 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 219--SMALL BUSINESS PROGRAMS

    2. Section 219.201 is amended by revising paragraph (d) to read as 
follows:

[[Page 63807]]

219.201  General policy.

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    (d) For the defense agencies, the director of the Office of Small 
and Disadvantaged Business Utilization must be appointed by, be 
responsible to, and report directly to the director or deputy director 
of the defense agency.
    (8) The responsibility for assigning small business technical 
advisors is delegated to the head of the contracting activity.
    (10) Contracting activity small business specialists perform this 
function by--
    (A) Reviewing and making recommendations for all acquisition over 
$10,000;
    (B) Making the review before issue of the solicitation or contract 
modification and documenting it on DD Form 2579, Small Business 
Coordination Record; and
    (C) Referring recommendations that have been rejected by the 
contracting officer to the Small Business Administration (SBA) 
procurement center representative. However, if an SBA representative is 
not assigned or available, the specialist refers the matter to the 
specialist's appointing authority.
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[FR Doc. 00-27244 Filed 10-24-00; 8:45 am]
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