Effective immediately, Department of Defense (DoD) contracting officers shall not use or apply the evaluation factor and subfactor in FAR 19.12 and DFARS 219.12, Small Business Participation Program. Contracting officers shall modify existing solicitations in accordance with FAR 1.108(d). This class deviation remains in effect until incorporated in the FAR and DFARS or otherwise rescinded. This action conforms to the final judgment entered in Rothe Development Corp. v U.S. Department of Defense, et al., No.SA-98-CV-1011XR (WD. TX) (February 26, 2009).

An interim DFARS rule will be published. We will consider comments received within two weeks after the date of this deviation in the formulation of the interim rule. Comments received after this period of time will be considered in the formulation of the final rule.