[Federal Register Volume 60, Number 208 (Friday, October 27, 1995)]
[Rules and Regulations]
[Pages 54954-54955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26683]
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DEPARTMENT OF DEFENSE
48 CFR Parts 219 and 252
Defense Federal Acquisition Regulation Supplement; Small
Disadvantaged Business Utilization Program
AGENCY: Department of Defense (DoD).
ACTION: Suspension.
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SUMMARY: The Under Secretary of Defense for Acquisition and Technology
has suspended those sections of the Defense Federal Acquisition
Regulation Supplement (DFARS) which prescribe set-aside of acquisitions
for small disadvantaged businesses. This action has been reviewed by
the Office of Management and Budget under Executive Order 12866.
DATES: Effective Date: October 23, 1995. Comment Date: Comments on the
suspension should be submitted in writing to the address below on or
before November 27, 1995.
ADDRESSES: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, Attn: Ms. Susan Schneider,
PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington,
D.C. 20301-3062. Telefax number (703) 602-0350. Please cite Holding
File 95-H746 in all correspondence related to this issue.
FOR FURTHER INFORMATION CONTACT:
Ms. Susan Schneider, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
This suspends Defense Federal Acquisition Regulation Supplement
(DFARS) sections 219.501(S-70), 219.502-2-70, 219.502-4, 219.504(b)(i),
219.506, 219.508(e), 219.508-70, and contract clause 252.219-7002. This
suspension takes account of the Supreme Court's decision in Adarand
Constructors, Inc. v. Pena, 63 U.S.L.W. 4523 (U.S. June 12, 1995).
B. Regulatory Flexibility Act
This suspension may 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
suspension precludes contracting officers from setting aside
acquisitions for small disadvantaged business. The objective of the
suspension is to take account of the decision of the Supreme Court in
Adarand Constructors, Inc. v. Pena, 63 U.S.L.W. 4523 (U.S. June 12,
1995) while an interagency government-wide review of affirmative action
programs is conducted. An Initial Regulatory Flexibility Analysis
(IRFA) has been prepared and may be obtained from the address specified
herein. A copy of the IRFA has been submitted to the Chief Counsel for
Advocacy of the Small Business Administration. Comments are invited
from small businesses and other interested parties. Comments from small
entities concerning the affected DFARS subparts will be considered in
accordance with Section 610 of the Regulatory Flexibility Act. Such
comments must be submitted separately and cite DFARS Holding File 95-
H746 in correspondence.
C. Paperwork Reduction Act
This suspension does not impose any additional information
collection requirements which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
List of Subjects in 48 CFR Parts 219 and 252
Government procurement.
Accordingly, Parts 219 and 252 are amended as follows:
[[Page 54955]]
PARTS 219 AND 252--[AMENDED]
1. The authority citation for 48 CFR Parts 219 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
219.501 (S-70), 219.502-2-70, 219.502-4, 219.506, 219.508, and 219.508-
70 [Suspended]
2. Sections 219.501(S-70), 219.502-2-70, 219.502-4, 219.504(b)(i),
219.506, 219.508(e), and 219.508-70, are suspended.
252.219-7002 [Suspended]
3. Section 252.219-7002 is suspended.
[FR Doc. 95-26683 Filed 10-26-95; 8:45 am]
BILLING CODE 5000-04-M
