[Federal Register Volume 69, Number 110 (Tuesday, June 8, 2004)]
[Rules and Regulations]
[Pages 31909-31910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12935]
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DEPARTMENT OF DEFENSE
48 CFR Part 219
[DFARS Case 2003-D105]
Defense Federal Acquisition Regulation Supplement; Contracting
for Architect-Engineer Services
AGENCY: Department of Defense (DoD).
ACTION: Interim rule with request for comments.
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SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 1427 of
the National Defense Authorization Act for Fiscal Year 2004. Section
1427 increases, from $85,000 to $300,000, the threshold below which
acquisitions for architect-engineer services for military construction
or family housing projects are set aside for small business concerns.
DATES: Effective Date: June 8, 2004. Comments on the interim rule
should be submitted in writing to the address shown below on or before
August 9, 2004, to be considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2003-D105,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Defense Acquisition Regulations Web Site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for
submitting comments.
E-mail: [email protected]. Include DFARS Case 2003-D105 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations Council, Attn: Mr.
Euclides Barrera, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, (703) 602-0296.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends DFARS part 219 to implement section 1427
of the National Defense Authorization Act for Fiscal Year 2004 (Pub. L.
108-136). Section 1427 amends 10 U.S.C. 2855 to increase, from $85,000
to $300,000, the threshold below which acquisitions for architect-
engineer services for military construction or family housing projects
are set aside for small business concerns.
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 has prepared an initial regulatory flexibility analysis, which
is summarized as follows:
The objective of the rule is to establish a new dollar threshold of
$300,000 for use in determining whether DoD acquisitions for architect-
engineer services for military construction or family housing projects
will be set aside for small business concerns. The legal basis for the
rule is 10 U.S.C. 2855, as amended by section 1427 of Pub. L. 108-136.
In accordance with 10 U.S.C. 2855, acquisitions below the stated
threshold must be set aside for small business concerns, and
acquisitions at or above the threshold may not be set aside for small
business concerns. The rule will apply to small entities that perform
architect-engineer services. The rule will increase opportunities for
these entities to receive DoD contract awards. 10 U.S.C. 2855 permits
the Secretary of Defense to revise the dollar threshold specified
within the statute, to ensure that small business concerns receive a
reasonable share of contracts for architect-engineer services for
military construction or family housing projects. The new statutory
threshold of $300,000 is considered to be appropriate at this time.
A copy of the analysis may be obtained from the point of contact
specified herein. DoD invites comments from small businesses and other
interested parties. DoD also will consider comments from small entities
concerning the affected DFARS subparts in accordance with 5 U.S.C. 610.
Such comments should be submitted separately and should cite DFARS Case
2003-D105.
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.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule implements section 1427 of the National Defense
Authorization Act for Fiscal Year 2004 (Pub. L. 108-136). Section 1427
amends 10 U.S.C. 2855 to increase, from $85,000 to $300,000, the
threshold below which acquisitions for architect-engineer services for
military construction or family housing projects are set aside for
small business concerns. Section 1427 became effective upon enactment
on November 24, 2003. Comments received in response to this interim
rule will be considered in the formation of the final rule.
List of Subjects in 48 CFR Part 219
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
0
Therefore, 48 CFR Part 219 is amended as follows:
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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 PROGRAMS
219.502-1 [Amended]
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2. Section 219.502-1 is amended in paragraph (2) by removing
``$85,000'' both places it appears and adding ``$300,000'' in its
place.
219.502-2 [Amended]
0
3. Section 219.502-2 is amended in paragraph (a)(iii) by removing
``$85,000'' and adding ``$300,000'' in its place.
219.1005 [Amended]
0
4. Section 219.1005 is amended in paragraph (a)(i)(B) two times, in
paragraph (a)(i)(C), and in paragraph
[[Page 31910]]
(a)(i)(D), by removing ``$85,000'' and adding ``$300,000'' in its
place.
[FR Doc. 04-12935 Filed 6-7-04; 8:45 am]
BILLING CODE 5001-08-P