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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: November 22, 2004

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Contracting for Architect-Engineer Services

SOURCE: Federal Register, November 22, 2004, Vol. 69, No. 224, page 67855

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is adopting as final, without change, the interim rule that amended DFARS Part 219, Small Business Programs, to increase from $85,000 to $300,000 the threshold below which acquisitions for architect-engineer services for military construction or family housing projects are required to be set aside for small business concerns (and acquisitions at or above the threshold may not be set aside for small business concerns).

EDITOR'S NOTE: For more on the interim rule being finalized, see the June 8, 2004, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Contracting for Architect-Engineer Services."

For more on the acquisition-related provisions of Public Law 108-136, see the November 25, 2003, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2004."

EFFECTIVE DATE: November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Euclides Barrera, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0296; fax: 703-602-0350.

SUPPLEMENTARY INFORMATION: The Small Business Competitiveness Demonstration Program requires unrestricted competition in four "designated industry groups," one of which is architect-engineering services (see Federal Acquisition Regulation (FAR) Subpart 19.10). However, architect-engineering services in support of military construction projects or military family housing projects under a specific amount are exempt from the Small Business Competitiveness Demonstration Program. This amount had been $85,000 for many years. Public Law 108-136, Section 1427, Improvements in Contracting for Architectural and Engineering Services, increased the threshold from $85,000 to $300,000.

To implement Section 1427, DOD published an interim rule on June 8, 2004, that amended the following DFARS Part 219 sections by revising "$85,000" to "$300,000":

No comments were received on the interim rule, so DOD has adopted the interim rule as final without change.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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