84 FR 83 pgs. 18160-18161 - Defense Federal Acquisition Regulation Supplement: Small Business Set-Asides for Architect-Engineer and Construction Design Contracts (DFARS Case 2018-D057)
Type: RULEVolume: 84Number: 83Pages: 18160 - 18161
Pages: 18160, 18161Docket number: [Docket DARS-2018-0056]
FR document: [FR Doc. 2019-08486 Filed 4-29-19; 8:45 am]
Agency: Defense Department
Sub Agency: Defense Acquisition Regulations System
Official PDF Version: PDF Version
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 219
[Docket DARS-2018-0056]
RIN 0750-AK18
Defense Federal Acquisition Regulation Supplement: Small Business Set-Asides for Architect-Engineer and Construction Design Contracts (DFARS Case 2018-D057)
AGENCY:
Defense Acquisition Regulations System, Department of Defense (DoD).
ACTION:
Final rule.
SUMMARY:
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2019 regarding set-asides for architect-engineer and construction design contracts.
DATES:
Effective April 30, 2019.
FOR FURTHER INFORMATION CONTACT:
Ms. Jennifer D. Johnson, telephone 571-372-6100.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 83 FR 62554 on December 4, 2018, to implement section 2804 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). Section 2804 increases to $1 million the threshold at 10 U.S.C. 2855 for small business set-asides of acquisitions for architect-engineer services, including construction design, in connection with military construction projects or military family housing projects. In addition, section 2804 removes the prohibition on setting aside these acquisitions valued above the threshold. As a result of these statutory changes, these acquisitions must be set aside for small business, if valued below $1 million, and may be set aside for small business, if valued at $1 million or more.
There were no public comments submitted in response to the proposed rule. There are no changes made to the final rule, except to add a reference to 10 U.S.C. 2855.
II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items
This rule does not create any new provisions or clauses or impact any existing provisions or clauses.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
IV. Executive Order 13771
This rule is not subject to E.O. 13771, because this rule is not a significant regulatory action under E.O. 12866.
V. Regulatory Flexibility Act
A final regulatory flexibility analysis has been prepared consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The FRFA is summarized as follows:
DoD is issuing a final rule to amend the DFARS to implement section 2804 of the NDAA for FY 2019. Section 2804 increases to $1 million the threshold at 10 U.S.C. 2855 for small business set-asides of acquisitions for architect-engineer services, including construction design, in connection with military construction projects or military family housing projects. In addition, section 2804 removes the prohibition on setting aside these acquisitions valued above the threshold. As a result of these statutory changes, these acquisitions must be set aside for small business, if valued below $1 million, and may be set aside for small business, if valued at $1 million or more.
No public comments were received in response to the initial regulatory flexibility analysis.
[top] The rule applies to contract awards for architect-engineer services,
This rule does not impose any new reporting, recordkeeping, or other compliance requirements for small entities.
There are no known, significant alternatives that would meet the requirements of the applicable statute.
VI. Paperwork Reduction Act
The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 219
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR part 219 is amended as follows:
PART 219-SMALL BUSINESS PROGRAMS
1. The authority citation for part 219 continues to read as follows:
Authority:
41 U.S.C. 1303 and 48 CFR chapter 1.
2. Revise section 219.502-1 to read as follows:
219.502-1 Requirements for setting aside acquisitions.
Do not set aside acquisitions for supplies that were developed and financed, in whole or in part, by Canadian sources under the U.S.-Canadian Defense Development Sharing Program.
219.502-2 [Amended]
3. Amend section 219.502-2, in paragraph (a)(iii), by removing "of under $400,000" and adding "under $1 million (10 U.S.C. 2855)" in its place.
[FR Doc. 2019-08486 Filed 4-29-19; 8:45 am]
BILLING CODE 5001-06-P