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DOD/DARC RIN: 0750-AM01 Publication ID: Fall 2024 
Title: Pilot Program to Incentivize Contracting with Employee-Owned Businesses (DFARS Case 2024-D004)  
Abstract:

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement to implement section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 and section 872 of the NDAA for FY 2024. Section 874 of the NDAA for FY 2022 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 26 U.S.C. 1361(a)(1) for which 100% of the outstanding stock is held through an employee stock ownership plan as defined in 26 U.S.C. 4975(e)(7). Section 872 of the NDAA for FY 2024 amends section 874 of the NDAA for FY 2022.

 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 206    48 CFR 212    48 CFR 252    48 CFR 270   
Legal Authority: 41 U.S.C. 1303    Pub. L. 117-81, sec. 874    Pub. L. 118-31, sec. 872   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  05/30/2024  89 FR 46831   
NPRM Comment Period End  07/29/2024 
Final Action  10/10/2024  89 FR 82183   
Final Action Effective  11/25/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Merged with 0750-AL94 
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