64138 Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Proposed Rules

shall occur within a reasonable period

of time after award of the subcontract.

Contractor specified formats shall be

acceptable.

12. Section 252.219–7010 is added to

read as follows:

252.219–7010 Notice of evaluation

preference for small disadvantaged

business concerns—construction

acquisitions—Test program.

As prescribed in 219.7204, use the

following clause:

Notice of Evaluation Preference for Small

Disadvantaged Business Concerns—

Construction Acquisitions—Test Program

(Date)

(a) Definitions.

As used in this clause—

‘‘Historically black colleges and

universities (HBCUs),’’ means institutions

determined by the Secretary of Education to

meet the requirements of 34 CFR 608.2. The

term also means any nonprofit research

institution that was an integral part of such

a college or university before November 14,

1986. ‘‘Minority institutions,’’ means

institutions meeting the requirements of

paragraphs (3), (4), and (5) of Section 1046(3)

of the Higher Education Act of 1965 (20

U.S.C. 1135d–5(3)). The term also includes

Hispanic-serving institutions as defined in

Section 316(b)(1) of such Act (20 U.S.C.

1059c(b)(1)).

‘‘Small disadvantaged business (SDB)

concern,’’ means a small business concern,

owned and controlled by individuals who are

both socially and economically

disadvantaged, as defined by the Small

Business Administration at 13 CFR part 124,

the majority of earnings of which directly

accrue to such individuals. This term also

means a small business concern owned and

controlled by an economically disadvantaged

Indian tribe or Native Hawaiian organization

which meets the requirements of 13 CFR

124.112 or 13 CFR 124.113, respectively.

(b) Evaluation preference. (1) Offerors shall

separately state bond costs in the offer. Bond

costs include the costs of bid, performance,

and payment bonds.

(2) Offers will be evaluated initially based

on their total prices. If the apparently

successful offeror is an SDB concern, no

further preference based evaluation will be

conducted.

(3) If the apparently successful offeror is

not an SDB concern, offers will be evaluated

based on their prices excluding bond costs.

If, after excluding bond costs, the apparently

successful offeror is an SDB concern, bond

costs will be added back to all offers, and

offers from SDB concerns will be given a

preference in evaluation by adding a factor of

ten percent to the total price of all offers,

except—

(i) Offers from SDBs which have not

waived the evaluation preference; or

(ii) Offers from HBCUs or minority

institutions, which have not waived the

evaluation preference.

(c) Waiver of evaluation preference. A

small disadvantaged business, historically

black college or university, or minority

institution offeror may elect to waive the

preference. The agreements in paragraph (d)

of this clause do not apply to offers which

waive the preference.

lllllllOfferor elects to waive the

preference.

(d) Agreements. A small disadvantaged

business concern, historically black college

or university, or minority institution offeror,

which did not waive the preference, agrees

that in performance of the contract, in the

case of a contract for—

(i) General construction, at least 15 percent

of the cost of the contract, excluding the cost

of materials, will be performed by employees

of the concern.

(ii) Construction by special trade

contractors, at least 25 percent of the cost of

the contract, excluding the cost of materials,

will be performed by employees of the

concern.

(End of clause)

PART 253—FORMS

13. Section 253.204–70 is amended by

revising paragraph (e)(3) to read as

follows:

253.204–70 DD Form 350, Individual

Contracting Action Report.

* * * * *

(e) * * *

(3) Block E3, Next Low Offer.

(i) Complete Block E3 only if Block E2

is completed, or the evaluation

preference for small disadvantaged

business concerns in construction

acquisitions set forth at 219.72 is

applied. Otherwise, leave Block E3

blank.

(ii) If Block E2 is completed, enter the

offered price from the small business

firm that would have been the low

offeror if qualified nonprofit agencies

employing people who are blind or

severely disabled had not participated

in the acquisition. If the evaluation

preference for small disadvantaged

business concerns in construction

acquisitions set forth at 219.72 is

applied, enter the offered price from the

non-SDB concern that would have been

the successful offeror if the evaluation

preference had not been applied. Enter

the amount in whole dollars.

* * * * *

[FR Doc. 95–50469 Filed 12–13–95; 8:45 am]

BILLING CODE 5000–04–M

48 CFR Part 242

[DFARS Case 91–085D]

Defense Federal Acquisition

Regulation Supplement; Personal

Services Compensation

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule; withdrawal.

SUMMARY: The Department of Defense

has decided to withdraw a proposed

rule published on December 6, 1994 (59

FR 62704). The rule proposed revisions

to the Defense Federal Acquisition

Regulation Supplement (DFARS) to

establish a dollar threshold for DoD

contractors for application of the

Federal Acquisition Regulation (FAR)

requirements for contractor

compensation system reviews. After

review of public comments, DoD has

determined the proposed DFARS

revisions are unnecessary.

FOR FURTHER INFORMATION CONTACT:

Defense Acquisition Regulations

Council, Attn: Ms. Sandra G. Haberlin,

PDUSD (A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062, (703) 602–0131.

Michele P. Peterson.

Executive Editor, Defense Acquisition

Regulations Council.

[FR Doc. 95–30470 Filed 12–13–95; 8:45 am]

BILLING CODE 5000–04–M