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

DoD is proposing to amend 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 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. Section 872 of the NDAA for FY 2024 amends section 874 of the NDAA for FY 2022. RIN 0750-AL94 is merged with this RIN so that section 874 and section 872 may be addressed in the same rule.

 
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 217    48 CFR 252   
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  12/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
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 and Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 Pentagon,
Washington, DC 20301-3060
Phone:703 717-8226
Email: jennifer.d.johnson1.civ@mail.mil