[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] ----------------------------------------------------------------------- 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
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