[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37878-37879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18432]
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DEPARTMENT OF DEFENSE
48 CFR Parts 219 and 252
[DFARS Case 96-D003]
Defense Federal Acquisition Regulation Supplement; Certificate of
Competency
AGENCY: Department of Defense (DoD).
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 (DFARS) to implement
revisions made to the Small Business Administration's regulations
covering the Procurement Assistance Programs (Part 125, Chapter I,
Title 13 of the Code of Federal Regulations).
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before September 20, 1996, to be
considered in the formulation of the final rule.
ADDRESSES: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, Attn: Ms. Susan L. Schneider,
[[Page 37879]]
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 96-
D003 in all correspondence related to this issue.
FOR FURTHER INFORMATION CONTACT:
Susan Schneider, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule amends DFARS Parts 219 and 252 to implement
changes made to the Small Business Administration's (SBA) regulations
(Part 125, Chapter I, Title 13 of the Code of Federal Regulations). The
proposed rule (1) updates the names of the SBA offices involved in
processing Certificates of Competency in order to conform with final
revisions to SBA regulations; (2) removes language referencing set-
aside preferences for a small disadvantaged business manufacturer or
regular dealer owned by an Indian tribe, including an Alaska Native
Corporation, because the underlying statutes (Section 8051 of the 1994
Defense Authorization Act and Section 8012 of the 1995 Defense
Authorization Act) are no longer in effect; (3) replaces the term
``regular dealer'' with ``nonmanufacturer'' to conform with final
revisions to Department of Labor regulations; and (4) provides a DFARS
definition for the term ``nonmanufacturer.''
B. Regulatory Flexibility Act
The proposed rule is not expected to 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
does not impose any new requirements on contractors, large or small.
The proposed rule merely implements the SBA rule to clarify its
applicability within the Department of Defense and makes administrative
changes consistent with the changes in 13 CFR Part 125. An initial
regulatory flexibility analysis has therefore not been performed.
Comments are invited from small businesses and other interested
parties. Comments from small entities concerning the affected DFARS
subparts will also be considered in accordance with Section 610 of the
Act. Such comments must be submitted separately and cite DFARS Case 96-
D003 in correspondence.
C. Paperwork Reduction Act
The proposed rule does not impose any new reporting or
recordkeeping requirements which require Office of Management and
Budget approval under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 219 and 252
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, it is proposed that 48 CFR Parts 219 and 252 be amended
as follows:
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.
PART 219--SMALL BUSINESS PROGRAMS
2. Section 219.602-3 is amended by revising paragraph (c)(i)(A) to
read as follows:
219.602-3 Resolving differences between the agency and the Small
Business Administration.
(c)(i) * * *
(A) A request for appeal, summarizing the issues. The request must
be sent to arrive within five working days after receipt of the SBA
Headquarters written position.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 252.219-7006 is amended by adding in paragraph (a), in
alphabetical order, a definition of ``Nonmanufacturer''; and by
revising the introductory text of paragraph (d)(1), paragraph (d)(2),
and Alternate I to read as follows:
252.219-7006 Notice of evaluation preference for small disadvantaged
business concerns.
* * * * *
(a) * * *
``Nonmanufacturer,'' as used in this clause, means a small
disadvantaged business concern which, although not involved in the
manufacture of the supplies required by the solicitation, is engaged
in continuing sales of such supplies to the public.
* * * * *
(d) * * *
(1) A small disadvantaged business concern, historically black
college or university, or minority institution offeror agrees that
in performance of the contract, in the case of a contract for--
* * * * *
(2) A small disadvantaged business, historically black college
or university, or minority institution nonmanufacturer submitting an
offer in its own name agrees to furnish in performing this contract
only end items manufactured or produced by small disadvantaged
business concerns, historically black colleges or universities, or
minority institutions in the United States.
* * * * *
ALTERNATE I (DATE)
As prescribed in 219.7003, substitute the following paragraph
(d)(2) for paragraph (d)(2) of the basic clause:
(d)(2) A small disadvantaged business, historically black
college or university, or minority institution nonmanufacturer
submitting an offer in its own name agrees to furnish in performing
this contract only end items manufactured or produced by small
business concerns, historically black colleges or universities, or
minority institutions in the United States.
[FR Doc. 96-18432 Filed 7-19-96; 8:45 am]
BILLING CODE 5000-04-M
