[Federal Register: February 19, 2009 (Volume 74, Number 32)]
[Notices]               
[Page 7671]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe09-28]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

 
Suspension of the Price Evaluation Adjustment for Small 
Disadvantaged Businesses

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

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

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SUMMARY: The Director of Defense Procurement has suspended the use of 
the price evaluation adjustment, as required by 10 U.S.C. 
2323(e)(3)(B), because DoD exceeded its 5 percent goal described in 10 
U.S.C. 2323(a) in fiscal year 2008. The suspension will be in effect 
for 1 year and will be reevaluated in fiscal year 2009 based on the 
level of DoD contract awards established in 10 U.S.C. 2323(a).

DATES: Effective Date: March 13, 2009.
    Applicability Date: This suspension applies to all solicitations 
issued during the period from March 13, 2009, to March 12, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Pollack, Defense 
Procurement, OUSD(AT&L)/DPAP, 3015 Defense Pentagon, Washington, DC 
20301-3015, telephone 703-697-8336; facsimile 703-614-1254.

SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 10 
U.S.C. 2323(e), DoD has previously applied a 10 percent price 
evaluation adjustment for small disadvantaged businesses in certain 
acquisitions. This price evaluation adjustment 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 
(Pub. L. 105-261) amended 10 U.S.C. 2323(e)(3) to prohibit DoD from 
applying such a price evaluation adjustment 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 
2008, DoD exceeded this 5 percent goal, use of the price evaluation 
adjustment in DoD acquisitions must be suspended for a 1-year period, 
from March 13, 2009, to March 12, 2010.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
[FR Doc. E9-3518 Filed 2-18-09; 8:45 am]

BILLING CODE 5001-08-P