[Federal Register Volume 66, Number 176 (Tuesday, September 11, 2001)]
[Proposed Rules]
[Pages 47158-47159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22426]
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DEPARTMENT OF DEFENSE
48 CFR Part 226
[DFARS Case 2001-D007]
Defense Federal Acquisition Regulation Supplement; Preference for
Local 8(a) Contractors--Base Closure or Realignment
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to clarify policy pertaining to
preferences for local businesses in acquisitions that support a base
closure or realignment. The rule clarifies that both competitive and
noncompetitive acquisitions under the Section 8(a) Program are
permitted if an 8(a) contractor is located in the vicinity of the base
to be closed or realigned.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before November 13, 2001, to be
considered in the formation of the final rule.
ADDRESSES: Respondents may submit comments directly on the World Wide
Web at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an
alternative, respondents may e-mail comments to: [email protected].
Please cite DFARS Case 2001-D007 in the subject line of e-mailed
comments.
Respondents that cannot submit comments using either of the above
methods may submit comments to: Defense Acquisition Regulations
Council, Attn: Ms. Angelena Moy, OUSD(AT&L)DP(DAR), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350.
Please cite DFARS Case 2001-D007.
At the end of the comment period, interested parties may view
public comments on the World Wide Web at http://emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms. Angelena Moy, (703) 602-1302.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule amends DFARS 226.7103 to clarify policy
pertaining to preferences for local businesses in acquisitions that
support a base closure or realignment. The present policy permits award
under the Section 8(a) Program if ``the 8(a) contractor'' is located in
the vicinity of the base to be closed or realigned. This proposed rule
amends the text to permit use of 8(a) procedures if ``at least one
eligible 8(a) contractor'' is located in the vicinity. This change
clarifies the intent of the policy, which is to permit both competitive
and noncompetitive 8(a) acquisiitons in support of a base closure or
realignment. A similar clarifying amendment is made to the text
pertaining to set-asides 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
The proposed rule is not expected to have a significant economic
impact on a substantial number of small entities
[[Page 47159]]
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq., because the rule merely clarifies existing policy pertaining to
acquisitions made in support of a base closure or realignment.
Therefore, DoD has not performed an initial regulatory flexibility
analysis. DoD invites comments from small businesses and other
interested parties. DoD also will consider comments from small entities
concerning the affected DFARS subpart in accordance with 5 U.S.C. 610.
Such comments should be submitted separately and should cite DFARS Case
2001-D007.
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.
List of Subjects in 48 CFR Part 226
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, DoD proposes to amend 48 CFR part 226 as follows:
1. The authority citation for 48 CFR part 226 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 226--OTHER SOCIOECONOMIC PROGRAMS
2. Section 226.7103 is amended by revising paragraph (c) to read as
follows:
226.7103 Procedure.
* * * * *
(c) If offers can be expected from business concerns in the
vicinity--
(1) Consider section 8(a) only if at least one eligible 8(a)
contractor is located in the vicinity.
(2) Set aside the acquisition for small business only if at least
one of the expected offers is from a small business located in the
vicinity.
[FR Doc. 01-22426 Filed 9-10-01; 8:45 am]
BILLING CODE 5000-04-M