[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Rules and Regulations]
[Pages 67855-67856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25814]


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DEPARTMENT OF DEFENSE

48 CFR Part 219

[DFARS Case 2003-D105]


Defense Federal Acquisition Regulation Supplement; Contracting 
for Architect-Engineer Services

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement Section 1427 of the National Defense Authorization Act for 
Fiscal Year 2004. Section 1427 increases, from $85,000 to $300,000, the 
threshold below which acquisitions for architect-engineer services for 
military construction or family housing projects are set aside for 
small business concerns.

DATES: Effective November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, Defense 
Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0296; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D105.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 69 FR 31909 on June 8, 2004, to 
implement Section 1427 of the National Defense Authorization Act for 
Fiscal Year 2004 (Pub. L. 108-136). Section 1427 amended 10 U.S.C. 2855 
to increase, from $85,000 to $300,000, the threshold below which 
acquisitions for architect-

[[Page 67856]]

engineer services for military construction or family housing projects 
are set aside for small business concerns. DoD received no comments on 
the interim rule. Therefore, DoD has adopted the interim rule as a 
final rule without change.
    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. The analysis is summarized as follows:
    This rule finalizes an interim DFARS rule published on June 8, 
2004, to implement Section 1427 of the National Defense Authorization 
Act for Fiscal Year 2004 (Pub. L. 108-136). Section 1427 amended 10 
U.S.C. 2855 to increase, from $85,000 to $300,000, the threshold below 
which acquisitions for architect-engineer services for military 
construction or family housing projects are set aside for small 
business concerns. DoD received no public comments on the initial 
regulatory flexibility analysis or the interim DFARS rule. Therefore, 
DoD has adopted the interim rule as a final rule without change. The 
rule will benefit small entities that perform architect-engineer 
services by increasing opportunities for these entities to receive DoD 
contract awards.
    A copy of the analysis may be obtained from the point of contact 
specified herein.

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 219

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR Part 219, which was 
published at 69 FR 31909 on June 8, 2004, is adopted as a final rule 
without change.

[FR Doc. 04-25814 Filed 11-19-04; 8:45 am]
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