[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Rules and Regulations]
[Pages 31961-31962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11198]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 219

[Docket DARS-2022-0011]
RIN 0750-AL54


Defense Federal Acquisition Regulation Supplement: Small Business 
Specialist Review Threshold Update (DFARS Case 2022-D002)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to modify the nomenclature 
used for the threshold for the small business specialist review of 
acquisitions to align it with the threshold for small business set-
asides at Federal Acquisition Regulation (FAR) 19.502-2(a).

DATES: Effective May 26, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Snyder, 571-372-6106.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is issuing a final rule to amend the DFARS to revise the 
nomenclature used to identify the threshold for the small business 
specialist review of acquisitions at DFARS 219.201(c)(10)(A) to use the 
term ``micro-purchase threshold'' in lieu of the dollar amount 
``$10,000'' to align it with FAR 19.502-2(a). The dollar threshold at 
FAR 19.502-2(a) was modified to reflect the ``micro-purchase 
threshold'' on August 31, 2020, via FAR case 2018-004 (85 FR 40064, 
July 2, 2020); however, the threshold at DFARS 219.201(c)(10)(A) was 
not similarly adjusted. This final rule makes that conforming 
adjustment.
    DFARS 219.201(c)(10)(A) requires small business specialists to 
review and make recommendations for all acquisitions over $10,000 
except for those under the simplified acquisition threshold that are 
totally set aside for small business concerns. Since the threshold at 
FAR 19.502-2(a) for total small business set-asides is ``the micro-
purchase threshold'', the threshold at DFARS 219.201(c)(10)(A) is being 
changed for consistency. This final rule does not modify the dollar 
value of the threshold since the micro-purchase threshold and the small 
business specialist review threshold are both $10,000 unless an 
exception applies in

[[Page 31962]]

accordance with the micro-purchase threshold definition at FAR 2.101.
    This rule does not change the requirements for the small business 
specialist review of acquisitions. Small business specialists will 
continue to review acquisitions over the micro-purchase threshold, 
except those under the simplified acquisition threshold that are 
totally set aside for small business concerns.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the FAR is 41 U.S.C. 
1707, Publication of Proposed Regulations. Subsection (a)(1) of the 
statute requires that a procurement policy, regulation, procedure, or 
form (including an amendment or modification thereof) must be published 
for public comment if it relates to the expenditure of appropriated 
funds and has either a significant effect beyond the internal operating 
procedures of the agency issuing the policy, regulation, procedure, or 
form, or has a significant cost or administrative impact on contractors 
or offerors. This final rule is not required to be published for public 
comment because it merely modifies the nomenclature used to describe an 
existing threshold; it does not change the dollar value of the 
threshold. The threshold affects only the internal operating procedures 
of the Government.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Services and Commercial Products, 
Including Commercially Available Off-the-Shelf Items

    This rule does not create any new solicitation provisions or 
contract clauses. It does not impact any existing solicitation 
provisions, contract clauses, or prescriptions for the use of 
solicitation provisions or contract clauses.

IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993.

V. Congressional Review Act

    As required by the Congressional Review Act (5 U.S.C. 801-808) 
before an interim or final rule takes effect, DoD will submit a copy of 
the interim or final rule with the form, Submission of Federal Rules 
under the Congressional Review Act, to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States. A 
major rule under the Congressional Review Act cannot take effect until 
60 days after it is published in the Federal Register. The Office of 
Information and Regulatory Affairs has determined that this rule is not 
a major rule as defined by 5 U.S.C. 804.

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require 
publication for public comment.

VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 219

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 219 is amended as follows:

PART 219--SMALL BUSINESS PROGRAMS

0
1. The authority citation for 48 CFR part 219 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.


219.201  [Amended]

0
2. Amend section 219.201 in paragraph (c)(10)(A) by removing 
``$10,000'' and adding ``the micro-purchase threshold (see FAR 19.502-
2(a))'' in its place.

[FR Doc. 2022-11198 Filed 5-25-22; 8:45 am]
BILLING CODE 5001-06-P