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DOD Looks to Amend Regulation Regarding Small Business Subcontracting

The Department of Defense (DoD) is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2015 and a section of the National Defense Authorization Act for Fiscal Year 2016, both of which provide revisions to the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.

Comments on the proposed rule should be submitted in writing to the address shown below on or before November 22, 2016, to be considered in the formation of a final rule.

Submit comments identified by DFARS Case 2015–D013, using any of the following methods:

  • Federal eRulemaking Portal: http:// www.regulations.gov. Search for ‘‘DFARS Case 2015–D013.’’ Select ‘‘Comment Now’’ and follow the instructions provided to submit a comment. Please include ‘‘DFARS Case 2015–D013’’ on any attached documents.

  • Email: osd.dfars@mail.mil. Include DFARS Case 2015–D013 in the subject line of the message.

  • Fax: 571–372–6094.

  • Mail: Defense Acquisition Regulations System, Attn: Ms. Jennifer Johnson, OUSD (AT&L) DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060.

DoD is proposing to revise the DFARS to implement section 821 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 and section 872 of the NDAA for FY 2016, both of which revise the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.

Section 821 of the NDAA for FY 2015 provides for contractors participating in the Test Program to report, on a semiannual basis,

  • the amount of first-tier subcontract dollars awarded;

  • the total number of subcontracts active under the Test Program that would have otherwise required a subcontracting plan under 15 U.S.C. 637(d);

  • costs incurred in negotiating, complying with, and reporting on comprehensive subcontracting plans; and

  • costs avoided by adoption of a comprehensive subcontracting plan.

This information is expected to assist in determining if Test Program participants have achieved cost savings while enhancing opportunities for small businesses.

The full text of the proposed changes is available in the Federal Register. If you have further questions, please reach out the the DoD Office of Small Business Programs.

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