Daily Rules, Proposed Rules, and Notices of the Federal Government
Pursuant to the authority granted in 10 U.S.C. 2323(e), DoD has previously applied a 10 percent price evaluation adjustment for small disadvantaged businesses in certain acquisitions. This price evaluation adjustment is implemented in Subpart 19.11 of the Federal Acquisition Regulation. Section 801 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Pub. L. 105-261) amended 10 U.S.C. 2323(e)(3) to prohibit DoD from applying such a price evaluation adjustment for a 1-year period following a fiscal year in which DoD achieved the 5 percent goal for contract awards established in 10 U.S.C. 2323(a). Since, in fiscal year 2008, DoD exceeded this 5 percent goal, use of the price evaluation adjustment in DoD acquisitions must be suspended for a 1-year period, from March 13, 2009, to March 12, 2010.