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DOD/DARC RIN: 0750-AL94 Publication ID: Fall 2023 
Title: ●Pilot Program to Incentivize Contracting With Employee-Owned Businesses (DFARS Case 2023-D017) 
Abstract:

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement section 874 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117-81). Section 874 authorizes DoD to establish a pilot program to allow for the noncompetitive award of follow-on contracts, to a qualified business, for the continued development, production, or provision of products or services that are the same as or substantially similar to the products or services procured by DoD under a prior contract held by a qualified business. A qualified business is an S corporation in accordance with section 1361(a)(1) of the Internal Revenue Code of 1986 for which 100% of the outstanding stock is held through an employee stock ownership plan as defined in section 4975(e)(7) of such code. The number of noncompetitive awards that may be made to a qualified business under the pilot program is limited to one.

 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 48 CFR 226   
Legal Authority: 41 U.S.C. 1303    Pub. L.117-81, sec. 874   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  06/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer D. Johnson
Office of the Under Secretary of Defense for Acquisition and Sustainment
Department of Defense
Defense Acquisition Regulations Council
Defense Pricing, Contracting, & Acquisition Policy, Defense Acquisition Regulations System, Room 3B938, 3060 Pentagon,
Washington, DC 20301-3060
Phone:703 717-8226
Email: jennifer.d.johnson1.civ@mail.mil