[Federal Register Volume 66, Number 165 (Friday, August 24, 2001)]
[Notices]
[Pages 44605-44606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21465]
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DEPARTMENT OF DEFENSE
Reinstatement of Small Business Set-Asides and Unrestricted
Competition for Certain Acquisitions Under the Small Business
Competitiveness Demonstration Program
AGENCY: Department of Defense (DoD).
ACTION: Notice of reinstatement of small business set-asides and
unrestricted competition under the Small Business Competitiveness
Demonstration Program.
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SUMMARY: The Director of Defense Procurement has reinstated the use of
[[Page 44606]]
small business set-aside procedures for certain non-nuclear ship repair
acquisitions conducted by the Department of the Navy. Included in the
reinstatement are solicitations issued under North American Industry
Classification System (NAICS) Code 336611, Federal Service Code (FSC)
J999 for the West Coast only. The Director of Defense Procurement has
also reinstated the use of unrestricted competition for construction
acquisitions in solicitations issued under NAICS Subsector 234 by the
Departments of the Army and Navy and NAICS Code 23591 for the
Department of the Navy.
EFFECTIVE DATE: August 13, 2001.
FOR FURTHER INFORMATION CONTACT: Mr. Tim J. Foreman, OUSD(AT&L), Deputy
Director, Office of Small & Disadvantaged Business Utilization, 1777
North Kent Street, Rosslyn Plaza North, Suite 9100, Arlington, VA
22209; telephone (703) 588-8611.
SUPPLEMENTARY INFORMATION: The Office of Federal Procurement Policy and
the Small Business Administration issued a final policy directive and
implementation plan on June 2, 1999, for the Small Business
Competitiveness Demonstration Program. The Program is further
implemented in Subpart 19.10 of the Federal Acquisition Regulation
(FAR) and Subpart 219.10 of the Defense FAR Supplement (DFARS).
Under the Program, small business set-asides were initially
suspended for certain designated industry groups (DIGs) for certain
participating agencies. The final policy directive and implementation
plan, paragraph III.D.2.a. and IV.A.3., requires participating agencies
to reinstate the use of small business set-asides whenever the small
business awards under any DIG (to include Major Groups or Subsectors
within Construction and East and West Coast Non-Nuclear Ship Repair)
fall below 40 percent, or whenever small business awards under certain
individual codes within the Construction and Architectural &
Engineering Services DIGs fall below 35 percent. Reinstatement is to be
limited to the organizational element that failed to meet the small
business participation goals.
Participating agencies are required by paragraph III.D.2.b. and
IV.A.3. of the final policy directive and implementation plan to
reinstate the use of unrestricted competition upon determining, after
an annual review, that their contract awards to small business concerns
again meet the required goals. Accordingly, this notice is issued to
reflect the results of small business participation in the DoD
procurement data during Fiscal Year 2000 and supercedes the directives
in the Director of Defense Procurement memorandum dated December 11,
1998 (63 FR 71272, December 24, 1998).
For the 12 months ending September 2000, DoD fell below the 40
percent goal in acquisitions under Standard Industrial Classification
(SIC) Code 3731, FSC J999, for non-nuclear ship repairs on the West
Coast. Effective October 1, 2000, the North American Industry
Classification System (NAICS) Subsectors and Codes were substituted for
SIC Major Groups and SIC Codes. Accordingly, pursuant to DFARS
219.1007(b)(1), the Director of Defense Procurement has directed the
reinstatement of small business set-aside procedures in accordance with
FAR Subpart 19.5 for all solicitations issued on or after August 13,
2001, or as soon thereafter as practicable, for:
Non-Nuclear Ship Repair, NAICS Code 336611, FSC J999--All Navy
Activities
The Department-wide reinstatement of small business set-aside
procedures for the Architectural & Engineering Services DIG remains in
effect. Also, the emerging small business reserve amount of $50,000 for
Architectural & Engineering Services remains in effect.
For the 12 months ending September 2000, DoD accomplished the 40
percent goal for participation of small businesses in construction
acquisitions awarded under SIC Major Groups 16 and 17 (SIC Major Groups
16 and 17 are now referred to as NAICS Subsectors 234 and 235,
respectively). DoD also exceeded the required 35 percent goal in all
subcategories of SIC Major Group 17 (NAICS Subsector 235), including
SIC Code 1791 (NAICS Code 23591). Accordingly, the Director of Defense
Procurement has directed the reinstatement of unrestricted competition
for all solicitations issued on or after August 13, 2001, or as soon
thereafter as practicable, for:
Construction, NAICS Subsector 234--All Army and Navy Activities
Construction, NAICS Code 23591--All Navy Activities
To summarize, this results in unrestricted competition in
Department-wide procurements for Construction NAICS Subsector 233 (SIC
Major Group 15), NAICS Subsector 234 (SIC Major Group 16), NAICS
Subsector 235 (SIC Major Group 17), Refuse Systems and Related
Services, and for East Coast FSC J998 in the Non-Nuclear Ship Repair,
NAICS 336611 (SIC 3731). Unrestricted competition is also in effect for
the Army and Air Force for West Coast FSC J999 in the Non-Nuclear Ship
Repair, NAICS 336611 (SIC 3731).
Consistent with the revised final policy directive and
implementation plan, this reinstatement of set-asides and unrestricted
competition will be reviewed annually for continuation.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
[FR Doc. 01-21465 Filed 8-23-01; 8:45 am]
BILLING CODE 5000-04-M