Federal Acquisition Regulation; Reform of Affirmative Action in Federal Procurement

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The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration are proposing amendments to the Federal Acquisition Regulation (FAR) concerning programs for small disadvantaged business concerns. These amendments conform to a Department of Justice (DoJ) proposal to reform affirmative action in Federal procurement. DoJ's proposal is designed to ensure compliance with the constitutional standards established by the Supreme Court in Adarand Constructors, Inc. v. Pena, 115 S.Ct. 2097 (1995). This proposed rule is not requesting public comments on the DoJ proposal or its disposition of the public comments received. This proposed rule requests public comments only on the FAR implementation of the DoJ proposal. Comments on the DoJ proposal will not be considered. This regulatory action was subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This is a major rule under 5 U.S.C. 804.