95-11020. Defense Federal Acquisition Regulation Supplement; Evaluation Preference for Small Disadvantaged Business Concerns

[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Proposed Rules]
[Pages 22034-22035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11020]



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DEPARTMENT OF DEFENSE

48 CFR Part 219


Defense Federal Acquisition Regulation Supplement; Evaluation 
Preference for Small Disadvantaged Business Concerns

agency: Department of Defense.

action: Proposed rule with request for comments.

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summary: The Director of Defense Procurement is proposing to amend the 
Defense Federal Acquisition Regulation Supplement to state that the 
evaluation preference for small disadvantaged business concerns shall 
not be used in acquisitions for long distance telecommunications 
services.

dates: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before July 3, 1995, to be considered in 
the formulation of the final rule.

addresses: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, 
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax number [phone]. Please cite DFARS Case 95-
D008 in all correspondence related to this issue.

for further information contact: Ms. Amy Williams, [phone].

SUPPLEMENTARY INFORMATION:

A. Background

    Subpart 219.70 of the Defense Federal Acquisition Regulation 
Supplement (DFARS) provides policy and procedures for use of an 
evaluation preference for offers from small disadvantaged business 
(SDB) concerns in competitive acquisitions. SDB concerns receiving the 
evaluation preference in acquisitions for services must agree that at 
least 50 percent of the cost of personnel for contract performance will 
be spent for employees of the SDB concern.
    This DFARS rule proposes to make the SDB evaluation preference 
inapplicable to acquisitions for long distance telecommunications 
services, as it is often necessary for large long distance carriers to 
provide more than 50 percent of the labor under contracts for long 
distance telecommunications services.

B. Regulatory Flexibility Act

    The proposed change to DFARS Part 219 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 rule eliminates the evaluation preference for small 
disadvantaged business concerns in acquisitions for long distance 
telecommunications services. An Initial Regulatory Flexibility Analysis 
(IRFA) has been prepared and may be obtained from the address stated 
herein. A copy of the IRFA has been submitted to the Chief Counsel for 
Advocacy of the Small Business Administration. Comments are invited. 
Comments from small entities concerning the affected DFARS subpart will 
be considered in accordance with Section 610 of the Act. Such comments 
must be submitted separately and cite DFARS Case 95-D008 in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements which 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, 48 CFR Part 219 is proposed to be amended 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 AND SMALL DISADVANTAGED BUSINESS CONCERNS

    2. Section 219.7001(b) is revised to read as follows:


219.7001  Applicability.

* * * * *
    (b) Do not use the evaluation preference in acquisitions which--
    (1) Use small purchase procedures;
    (2) Are set-aside for small disadvantaged businesses;
    (3) Are set-aside for small businesses;
    (4) Are for commissary or exchange resale; or
    (5) Are for long distance telecommunications services.

[FR Doc. 95-11020 Filed 5-3-95; 8:45 am]
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