[Federal Register Volume 69, Number 79 (Friday, April 23, 2004)]
[Proposed Rules]
[Pages 21997-21998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9269]


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DEPARTMENT OF DEFENSE

48 CFR Part 219

[DFARS Case 2003-D060]


Defense Federal Acquisition Regulation Supplement; Threshold for 
Small Business Specialist Review

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to revise text pertaining to DoD 
implementation of small business programs. This proposed rule is a 
result of an initiative undertaken by DoD to dramatically change the 
purpose and content of the DFARS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before June 22, 2004, to be considered in 
the formation of the final rule.

ADDRESSES: Respondents may submit comments via the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, 
respondents may e-mail comments to: [email protected]. Please cite DFARS 
Case 2003-D060 in the subject line of e-mailed comments.
    Respondents that cannot submit comments using either of the above 
methods may submit comments to: Defense Acquisition Regulations 
Council, Attn: Ms. Karen Fischetti, OUSD(AT&L)DPAP(DAR), IMD 3C132, 
3062 Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-
0350. Please cite DFARS Case 2003-D060.
    At the end of the comment period, interested parties may view 
public comments on the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Karen Fischetti, (703) 602-0288.

SUPPLEMENTARY INFORMATION:

A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
http://www.acq.osd.mil/dpap/dfars/transf.htm.
    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed changes--
     Delete an unnecessary general policy statement 
at DFARS 219.201(a).
     Revise DFARS 219.201(d)(10) to eliminate 
requirements for small business specialists to review proposed 
acquisitions that are (1) within the scope and under the terms of the 
existing contract; or (2) under $100,000 and totally set aside for 
small business concerns.
     Delete text at DFARS 219.201(e) regarding the 
appointment and functions of DoD small business specialists. Text on 
this subject will be relocated to DoD Directive 4205.1, DoD Small 
Business and Small Disadvantaged Business Utilization Programs, or to 
the new DFARS companion resource, Procedures, Guidance, and Information 
(PGI). A proposed rule describing the purpose and structure of PGI was 
published at 69 FR 8145 on February 23, 2004.
    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 does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
pertains to internal DoD procedures for the implementation of small 
business programs. Therefore, DoD has not performed an initial 
regulatory flexibility analysis. DoD invites comments from small 
businesses and other interested parties. DoD also will consider 
comments from small entities concerning the affected DFARS subpart in 
accordance with 5 U.S.C.

[[Page 21998]]

610. Such comments should be submitted separately and should cite DFARS 
Case 2003-D060.

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, DoD proposes to amend 48 CFR Part 219 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 as follows:
    a. By removing paragraph (a);
    b. By revising paragraph (d)(10)(A);
    c. In paragraph (d)(10)(B), by removing ``issue'' and adding in its 
place ``issuance''; and
    d. By revising paragraph (e) to read as follows:


219.201  General policy.

    (d) * * *
    (10) * * *
    (A) Reviewing and making recommendations for all acquisitions over 
$10,000, except those--
    (1) Within the scope and under the terms of the existing contract; 
or
    (2) Under $100,000 that are totally set aside for small business 
concerns in accordance with FAR 19.502-2;
* * * * *
    (e) For information on the appointment and functions of small 
business specialists, see PGI 219.201(e).
* * * * *
[FR Doc. 04-9269 Filed 4-22-04; 8:45 am]
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