04-3700. Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses

AGENCY:

Department of Defense (DoD).

ACTION:

Notice of 1-year suspension of the price evaluation adjustment for small disadvantaged businesses.

SUMMARY:

The Director of Defense Procurement and Acquisition Policy has suspended the use of the price evaluation adjustment for small disadvantaged businesses (SDBs) in DoD procurements, as required by 10 U.S.C. 2323(e)(3), because DoD exceeded its 5 percent goal for contract awards to SDBs in fiscal year 2003. The suspension will be in effect for 1 year and will be reevaluated based on the level of DoD contract awards to SDBs achieved in fiscal year 2004.

Dates:

Effected Date: February 24, 2004.

Applicability Date: This suspension applies to all solicitations issued during the period from February 24, 2004, to February 23, 2005.

FOR FURTHER INFORMATION CONTACT:

Ms. Angelena Moy, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062, telephone [phone]; facsimile [phone].

SUPPLEMENTARY INFORMATION:

Pursuant to the authority granted in 10 U.S.C. 2323(e), DoD has previously granted SDBs a 10 percent price preference in certain acquisitions. This price preference is implemented in Subpart 19.11 of the Federal Acquisition Regulation. Section 801 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261) amended 10 U.S.C. 2323(e)(3) to prohibit DoD from granting such a price preference for a 1-year period following a fiscal year in which DoD achieved the 5 percent goal for contract awards established in 10 U.S.C. 2323(a). Since, in fiscal year 2003, DoD exceeded this 5 percent goal, use of this price preference in DoD acquisitions must be suspended for a 1-year period, from February 24, 2004, to February 23, 2005.

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.