Rule2022-11198
Defense Federal Acquisition Regulation Supplement: Small Business Specialist Review Threshold Update (DFARS Case 2022-D002)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 26, 2022
Effective
May 26, 2022
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to modify the nomenclature used for the threshold for the small business specialist review of acquisitions to align it with the threshold for small business set- asides at Federal Acquisition Regulation (FAR) 19.502-2(a).
Full Text
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<title>Federal Register, Volume 87 Issue 102 (Thursday, May 26, 2022)</title>
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[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Rules and Regulations]
[Pages 31961-31962]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11198]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 219
[Docket DARS-2022-0011]
RIN 0750-AL54
Defense Federal Acquisition Regulation Supplement: Small Business
Specialist Review Threshold Update (DFARS Case 2022-D002)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to modify the nomenclature
used for the threshold for the small business specialist review of
acquisitions to align it with the threshold for small business set-
asides at Federal Acquisition Regulation (FAR) 19.502-2(a).
DATES: Effective May 26, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Snyder, 571-372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is issuing a final rule to amend the DFARS to revise the
nomenclature used to identify the threshold for the small business
specialist review of acquisitions at DFARS 219.201(c)(10)(A) to use the
term ``micro-purchase threshold'' in lieu of the dollar amount
``$10,000'' to align it with FAR 19.502-2(a). The dollar threshold at
FAR 19.502-2(a) was modified to reflect the ``micro-purchase
threshold'' on August 31, 2020, via FAR case 2018-004 (85 FR 40064,
July 2, 2020); however, the threshold at DFARS 219.201(c)(10)(A) was
not similarly adjusted. This final rule makes that conforming
adjustment.
DFARS 219.201(c)(10)(A) requires small business specialists to
review and make recommendations for all acquisitions over $10,000
except for those under the simplified acquisition threshold that are
totally set aside for small business concerns. Since the threshold at
FAR 19.502-2(a) for total small business set-asides is ``the micro-
purchase threshold'', the threshold at DFARS 219.201(c)(10)(A) is being
changed for consistency. This final rule does not modify the dollar
value of the threshold since the micro-purchase threshold and the small
business specialist review threshold are both $10,000 unless an
exception applies in
[[Page 31962]]
accordance with the micro-purchase threshold definition at FAR 2.101.
This rule does not change the requirements for the small business
specialist review of acquisitions. Small business specialists will
continue to review acquisitions over the micro-purchase threshold,
except those under the simplified acquisition threshold that are
totally set aside for small business concerns.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707, Publication of Proposed Regulations. Subsection (a)(1) of the
statute requires that a procurement policy, regulation, procedure, or
form (including an amendment or modification thereof) must be published
for public comment if it relates to the expenditure of appropriated
funds and has either a significant effect beyond the internal operating
procedures of the agency issuing the policy, regulation, procedure, or
form, or has a significant cost or administrative impact on contractors
or offerors. This final rule is not required to be published for public
comment because it merely modifies the nomenclature used to describe an
existing threshold; it does not change the dollar value of the
threshold. The threshold affects only the internal operating procedures
of the Government.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Services and Commercial Products,
Including Commercially Available Off-the-Shelf Items
This rule does not create any new solicitation provisions or
contract clauses. It does not impact any existing solicitation
provisions, contract clauses, or prescriptions for the use of
solicitation provisions or contract clauses.
IV. 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.
V. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a major rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
VII. 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 D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR part 219 is amended as follows:
PART 219--SMALL BUSINESS PROGRAMS
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1. The authority citation for 48 CFR part 219 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
219.201 [Amended]
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2. Amend section 219.201 in paragraph (c)(10)(A) by removing
``$10,000'' and adding ``the micro-purchase threshold (see FAR 19.502-
2(a))'' in its place.
[FR Doc. 2022-11198 Filed 5-25-22; 8:45 am]
BILLING CODE 5001-06-P
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</html>Indexed from Federal Register on May 26, 2022.
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