[Federal Register: September 30, 2004 (Volume 69, Number 189)]
[Rules and Regulations]
DEPARTMENT OF DEFENSE
48 CFR Part 219
Defense Federal Acquisition Regulation Supplement; Extension of Partnership Agreement--8(a) Program
AGENCY: Department of Defense (DoD).
SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to reflect an extension in the expiration date of a partnership agreement between DoD and the Small Business Administration (SBA). The partnership agreement permits DoD to award contracts to 8(a) Program participants on behalf of SBA.
FOR FURTHER INFORMATION CONTACT: Ms. Donna Hairston-Benford, Defense Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289; facsimile (703) 602-0350. Please cite DFARS Case 2004-D015.
SUPPLEMENTARY INFORMATION:
A. Background By partnership agreement dated February 1, 2002, between the SBA and DoD, the SBA delegated to DoD its authority to enter into contracts under Section 8(a) of the Small Business Act (15 U.S.C. 637(a)). The expiration date of the partnership agreement has been extended from September 30, 2004, to September 30, 2005. This final rule amends DFARS 219.800 to reflect the extension.
This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment is not required. However, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2004-D015.
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.
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.
Extension of Partnership Agreement – 8(a) Program
DFARS Case 2004-D015
Final Rule
PART 219—SMALL BUSINESS PROGRAMS
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SUBPART 219.8—CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(A) PROGRAM)
219.800 General.
(a) By Partnership Agreement (PA) dated February 1, 2002, between the Small Business Administration (SBA) and the Department of Defense (DoD), the SBA delegated to the Under Secretary of Defense (Acquisition, Technology, and Logistics) its authority under paragraph 8(a)(1)(A) of the Small Business Act (15 U.S.C. 637(a)) to enter into 8(a) prime contracts, and its authority under 8(a)(1)(B) of the Small Business Act to award the performance of those contracts to eligible 8(a) Program participants. However, the SBA remains the prime contractor on all 8(a) contracts, continues to determine eligibility of concerns for contract award, and retains appeal rights under FAR 19.810. The SBA delegates only the authority to sign contracts on its behalf. Consistent with the provisions of this subpart, this authority is hereby redelegated to DoD contracting officers within the United States, its territories and possessions, Puerto Rico, the Trust Territory of the Pacific Islands, and the District of Columbia, to the extent that it is consistent with any dollar or other restrictions established in individual warrants. This authority expires on September 30, 2004 [2005].
(b) Contracts awarded under the PA may be awarded directly to the 8(a) participant on either a sole source or competitive basis. An SBA signature on the contract is not required.
(c) Notwithstanding the PA, the contracting officer may elect to award a contract pursuant to the provisions of FAR Subpart 19.8.
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DEPARTMENT OF DEFENSE
48 CFR Parts 202 and 225
AGENCY: Department of Defense (DoD).
SUMMARY: DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement to update activity names and addresses.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0311; facsimile (703) 602-0350.
List of Subjects in 48 CFR Parts 202 and 225
Government procurement. Michele P. Peterson,Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 202 and 225 are amended as follows:
1. The authority citation for 48 CFR Parts 202 and 225 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
Technical Amendments
Final Rule
PART 202—DEFINITIONS OF WORDS AND TERMS
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202.101 Definitions.
“Contracting activity” for DoD also means elements designated by the director of a defense agency which has been delegated contracting authority through its agency charter. DoD contracting activities are—
DEPARTMENT OF DEFENSE
Department of Defense Education Activity
TRICARE Management Activity
Real Estate and Facilities Directorate [Acquisition and
Procurement Office], Washington Headquarters Services
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PART 225—FOREIGN ACQUISITION
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225.870-5 Contract administration.
(a) Assign contract administration in accordance with Part 242. When the Defense Contract Management Agency will perform contract administration in Canada, name in the contract the following payment office for disbursement of DoD funds (DoD Department Code: 17-Navy; 21-Army; 57-Air Force; 97-all other DoD components), whether payment is in Canadian or U.S. dollars:
DFAS-Columbus Center DFAS-CO/ Operations] PO Box Columbus, OH 43218- |
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