[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Rules and Regulations]
[Pages 34831-34832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9506]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[DFARS Case 2004-D031]
48 CFR Part 219
Defense Federal Acquisition Regulation Supplement; Sole Source
8(a) Awards to Small Business Concerns Owned by Native Hawaiian
Organizations
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has adopted as final, with changes, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement DoD appropriations act provisions permitting the award of
sole source contracts to small business concerns owned by Native
Hawaiian Organizations. The rule applies to manufacturing contracts
exceeding $5,000,000 and non-manufacturing contracts exceeding
$3,000,000 that are awarded under the Small Business Administration's
8(a) Program.
DATES: Effective Date: June 16, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289;
facsimile (703) 602-0350. Please cite DFARS Case 2004-D031.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 70 FR 43072 on July 26, 2005, to
implement Section 8021 of the DoD Appropriations Act for Fiscal Year
2004 (Pub. L. 108-87) and Section 8021 of the DoD Appropriations Act
for Fiscal Year 2005 (Pub. L. 108-287). In addition to providing
funding for the DoD Indian Incentive Program, these statutes required
that small business concerns owned by Native Hawaiian Organizations be
provided the same status as Indian tribes and Alaska Native
Corporations with regard to sole source contract awards under the Small
Business Administration's 8(a) Program. The interim rule amended DFARS
219.805-1 to reflect this requirement.
Three sources submitted comments on the interim rule. All three
supported the rule and recommended that the rule be made permanent. DoD
has adopted the interim rule as a final rule, with additional changes
to reflect the provisions of Section 8020 of the DoD Appropriations Act
for Fiscal Year 2006 (Pub. L. 109-148). Section 8020 established a
permanent requirement for provision of Native Hawaiian Organizations
with the same status as Indian tribes and Alaska Native Corporations
under the 8(a) Program.
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 a final regulatory flexibility analysis consistent
with 5 U.S.C. 604. A copy of the analysis may be obtained from the
point of contact specified herein. The analysis is summarized as
follows:
This rule amends the DFARS to implement DoD appropriations act
provisions permitting the award of sole source contracts to small
business concerns owned by Native Hawaiian Organizations. The rule
applies to manufacturing contracts exceeding $5,000,000 and non-
manufacturing contracts exceeding $3,000,000 that are awarded under the
Small Business Administration's 8(a) Program. The objective of the rule
is to provide small business concerns owned by Native Hawaiian
Organizations the same status that is provided to Indian tribes and
Alaska Native Corporations under the 8(a) Program. Awards to these
entities are exempt from the competition requirements that otherwise
would apply to award of manufacturing contracts exceeding $5,000,000
and non-manufacturing contracts exceeding $3,000,000 under the Program.
The rule will benefit small business concerns owned by Native Hawaiian
Organizations, by permitting sole source contract awards to these
concerns.
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.
[[Page 34832]]
List of Subjects in 48 CFR Part 219
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Accordingly, the interim rule amending 48 CFR Part 219, which was
published at 70 FR 43072 on July 26, 2005, is adopted as a final rule
with the following change:
PART 219--SMALL BUSINESS PROGRAMS
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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.
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2. Section 219.805-1 is amended by revising paragraph (b)(2)(A) to read
as follows:
219.805-1 General.
(b)(2)(A) For acquisitions that exceed the competitive threshold,
the SBA also may accept the requirement for a sole source 8(a) award on
behalf of a small business concern owned by a Native Hawaiian
Organization (Section 8020 of Pub. L. 109-148).
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[FR Doc. E6-9506 Filed 6-15-06; 8:45 am]
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