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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: June 8, 2004

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

SOURCE: Federal Register, June 8, 2004, Vol. 69, No. 110, page 31909

AGENCIES: Department of Defense (DOD)

ACTION: Interim Rule

SYNOPSIS: DOD is amending DFARS Part 219, Small Business Programs, to implement Section 1427 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136), which increases, 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 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."

DATES: The effective date of this interim rule is June 8, 2004. Comments on the interim rule must be submitted on or before August 9, 2004.

ADDRESSES: Submit comments, identified by "DFARS Case 2003-D105," to: (1) http://www.regulations.gov; (2) http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm; (3) e-mail: dfars@osd.mil; fax: 703-602-0350; (4) mail: Defense Acquisition Regulations Council, Attn: Euclides Barrera, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; (5) hand-delivery/courier: Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402.

FOR FURTHER INFORMATION CONTACT: Euclides Barrera, 703-602-0296.

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. However, Section 1427, Improvements in Contracting for Architectural and Engineering Services, increased the threshold from $85,000 to $300,000.

To implement Section 1427, the following DFARS Part 219 sections are amended by revising "$85,000" to "$300,000":

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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