Government Contracts DoD Rule Would Limit SBA Procurement Center Reviews
Friday, September 6, 2019

DoD Rule Would Limit SBA Procurement Center Reviews

By Government Contracts Editorial Staff

The Department of Defense is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement section 1811 of the National Defense Authorization Act for Fiscal Year 2017 (PL 114-328) and a related Small Business Administration proposed rule (¶70,425.631). Section 1811 provides limits on the scope of review by SBA procurement center representatives for certain solicitations awarded by or for DoD and excludes these procurements from DoD’s small business goals. SBA’s proposed rule states that, unless the contracting agency requests a review, PCRs will not review these types of procurements.

Exclusions. The rule would add new DFARS 219.402, which states PCRs will not review acquisitions conducted by or for DoD if the acquisition is for foreign military sales; in support of humanitarian and civic assistance; in support of a contingency operation; awarded pursuant to a Status of Forces Agreement or other agreement with the government of a foreign country in which United States Armed Forces are deployed; or the acquisition is awarded and performed outside the U.S. and its outlying areas. These exclusions would not apply if the contracting activity requests a review. The proposed text includes a definition of “humanitarian and civic assistance” that applies only to the implementation of section 1811. Finally, the rule would add a cross-reference to the new section at DFARS 219.502-1. Submit comments referencing DFARS Case 2019-D008 by October 8, 2019. For the text of the proposed rule, see ¶70,020.439.

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