[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13074-13075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5959]



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DEPARTMENT OF DEFENSE
48 CFR Part 219


Defense Federal Acquisition Regulation Supplement; Subcontracting 
Plans

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comment.

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SUMMARY: The Director of Defense Procurement has issued an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to extend the authority through September 30, 1997, for contractors to 
claim credit towards their small business subcontracting goals for 
subcontracts with qualified nonprofit agencies for the blind and 
severely disabled.

DATES: Effective date: February 27, 1995.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before May 9, 1995, to be 
considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: LTC Edward C. King Jr, 
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 94-
D312 in all correspondence related to this issue.

[[Page 13075]] FOR FURTHER INFORMATION CONTACT:
LTC Edward C. King Jr, (703) 602-0131.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 804 of the Fiscal Year 1995 Defense Authorization Act (Pub. 
L. 103-337) extends the authority through September 30, 1997, for 
contractors to claim credit towards their small business subcontracting 
goals for subcontracts with qualified nonprofit agencies for the blind 
and severely disabled. DFARS Subpart 219.7 is amended to permit 
contractors to receive credit when awarding subcontracts to such 
entities.

B. Regulatory Flexibility Act

    The interim rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
only applies to large business concerns. An initial regulatory 
flexibility analysis has therefore not been performed. Comments are 
invited from small businesses and other interested parties. Comments 
from small entities concerning the affected subpart will be considered 
in accordance with Section 610 of the Act. Such comments must be 
submitted separately and cite DFARS Case 94-D312 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act applies. Information collection 
requirements imposed by this rule were cleared under OMB control number 
9000-0007 for Standard Form 295, Summary Subcontract Report.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense to issue this rule as an interim rule. Compelling reasons 
exist to promulgate this rule as an interim rule as it is necessary to 
authorize prime contractors to receive credit toward their 
subcontracting goals as permitted by Section 804 of Pub. L. 103-337. 
However, comments received in response to this interim rule will be 
considered in formulating the final rule.

List of Subjects in 48 CFR Part 219

    Government procurement.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.

    Therefore, 48 CFR part 219 is amended as follows:
    1. The authority citation for 48 CFR part 219 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 219--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

    2. Section 219.703 is amended by revising paragraph (a) 
introductory text to read as follows:


219.703  Eligibility requirements for participating in the program.

    (a) Qualified nonprofit agencies for the blind and other severely 
disabled, that have been approved by the Commission for Purchase from 
People Who Are blind or Severely Disabled under the Javits-Wagner-O'Day 
Act (41 U.S.C. 46-48), are eligible as a result of Section 9077 of Pub. 
L. 102-396, and subsequent Appropriations Acts, and Sections 808 of 
Pub. L. 102-484 and 804 of Pub. L. 103-377 through September 30, 1997, 
to participate in the program. Under this authority, subcontracts 
awarded to such entities may be counted toward the prime contractor's 
small business subcontracting goal through fiscal year 1997.

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[FR Doc. 95-5959 Filed 3-9-95; 8:45 am]
BILLING CODE 5000-04-M