Federal Acquisition Regulation; Federal Acquisition Circular 2020-05; Small Entity Compliance Guide, 11773-11774 [2020-02029]
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations
52.219–30 Notice of Set-Aside for, or Sole
Source Award to, Women-Owned Small
Business Concerns Eligible Under the
Women-Owned Small Business Program.
As prescribed in 19.1508(b), insert the
following clause:
Notice of Set-Aside for, or Sole Source
Award to, Women-Owned Small Business
Concerns Eligible Under The Women-Owned
Small Business Program (MAR 2020)
*
*
*
*
*
(b) * * *
(4) Orders issued directly to WOSB
concerns eligible under the WOSB Program
under multiple-award contracts as described
in 19.504(c)(1)(ii).
*
*
*
*
*
(d) Limitations on subcontracting. * * *
*
*
*
*
*
(e) A WOSB concern eligible under the
WOSB Program shall comply with the
limitations on subcontracting as follows:
(1) For contracts, in accordance with
paragraphs (b)(1) and (2) of this clause—
[Contracting Officer check as appropriate.]
l By the end of the base term of the
contract and then by the end of each
subsequent option period; or
l By the end of the performance period for
each order issued under the contract.
(2) For orders, in accordance with
paragraphs (b)(3) and (4) of this clause, by the
end of the performance period for the order.
*
*
*
*
*
99. Add section 52.219–31 to read as
follows:
■
52.219–31
Reserve.
Notice of Small Business
As prescribed in 19.507(g)(1), insert
the following provision:
Notice of Small Business Reserve (MAR
2020)
(a) This solicitation contains a reserve for
one or more small business concerns
identified at 19.000(a)(3). The small business
program eligibility requirements apply.
(b) The small business concern(s) eligible
for participation in the reserve shall submit
one offer that addresses each portion of the
solicitation for which it wants to compete.
Award of the contract will be based on
criteria identified elsewhere in the
solicitation.
(End of provision)
■ 100. Add section 52.219–32 to read as
follows:
52.219–32 Orders Issued Directly Under
Small Business Reserves.
lotter on DSKBCFDHB2PROD with RULES2
As prescribed in 19.507(g)(2), insert
the following clause:
Orders Issued Directly Under Small
Business Reserves (MAR 2020)
(a) Applicability. This clause applies only
to contracts that were reserved for any of the
small business concerns identified at
19.000(a)(3).
(b) If there is only one contract award to
any one type of small business concern
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19:31 Feb 26, 2020
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identified in 19.000(a)(3) as a result of the
reserve, the Contracting Officer may issue an
order or orders directly to the concern.
(End of clause)
■ 101. Add section 52.219–33 to read as
follows:
52.219–33
Nonmanufacturer Rule.
As prescribed in 19.507(h), insert the
following clause:
Nonmanufacturer Rule (MAR 2020)
(a) This clause does not apply to the
unrestricted portion of a partial set-aside.
(b) Applicability. This clause applies to—
(1) Contracts that have been set aside, in
total or in part;
(2) Orders under multiple-award contracts
as described in 8.405–5 and 16.505(b)(2)(i)(F)
that have been set aside for any of the small
business concerns identified in 19.000(a)(3);
and
(3) Orders issued directly to any of the
small business concerns identified in
19.000(a)(3) under multiple-award contracts
as described in 19.504(c)(1)(ii).
(c)(1) The Contractor shall—
(i)(A) Provide the end item of a small
business manufacturer, or if set aside or
awarded on a sole source basis to a HUBZone
small business, provide the end item of a
HUBZone small business manufacturer, that
has been manufactured or produced in the
United States or its outlying areas; or
(B) If this procurement is an order as
described in 8.405–5 or 16.505(b)(2)(i)(F) or
processed under simplified acquisition
procedures (see part 13), and the total
amount does not exceed $25,000, provide the
end item of any domestic manufacturer;
(ii) Not exceed 500 employees;
(iii) Be primarily engaged in the retail or
wholesale trade and normally sell the type of
item being supplied; and
(iv) Take ownership or possession of the
item(s) with its personnel, equipment, or
facilities in a manner consistent with
industry practice.
(2) In addition to the requirements set forth
in paragraph (c)(1) of this clause, when the
end item being acquired is a kit of supplies
or other goods, 50 percent of the total value
of the components of the kit shall be
manufactured in the United States or its
outlying areas by small business concerns.
Where the Government has specified an item
for the kit which is not produced by U.S.
small business concerns, such items shall be
excluded from the 50 percent calculation.
See 13 CFR 121.406(c) for further information
regarding nonmanufacturers.
(3) For size determination purposes, there
can be only one manufacturer of the end
product being acquired. For the purposes of
the nonmanufacturer rule, the manufacturer
of the end product being acquired is the
concern that transforms raw materials and/or
miscellaneous parts or components into the
end product. Firms which only minimally
alter the item being procured do not qualify
as manufacturers of the end item, such as
firms that add substances, parts, or
components to an existing end item to
modify its performance, will not be
considered the end item manufacturer, where
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11773
those identical modifications can be
performed by and are available from the
manufacturer of the existing end item. See 13
CFR 121.406 for further information
regarding manufacturers.
(End of clause)
[FR Doc. 2020–02028 Filed 2–26–20; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2020–0051, Sequence No.
1]
Federal Acquisition Regulation;
Federal Acquisition Circular 2020–05;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
ACTION:
Small Entity Compliance Guide.
This document is issued
under the joint authority of DOD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
accordance with section 212 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. It consists of a
summary of the rule appearing in
Federal Acquisition Circular (FAC)
2020–05, which amends the Federal
Acquisition Regulation (FAR). An
asterisk (*) next to a rule indicates that
a regulatory flexibility analysis has been
prepared. Interested parties may obtain
further information regarding this rule
by referring to FAC 2020–05, which
precedes this document. These
documents are also available via the
internet at https://www.regulations.gov.
SUMMARY:
DATES:
February 27, 2020.
Ms.
Mahruba Uddowla, Procurement
Analyst, at 703–605–2868 or by email at
mahruba.uddowla@gsa.gov for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
Please cite FAC 2020–05, FAR Case
2014–002.
FOR FURTHER INFORMATION CONTACT:
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11774
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations
RULE LISTED IN FAC 2020–05
Subject
* Set-Asides
Under Multiple-Award
Contracts.
FAR Case
Analyst
2014–002
Uddowla.
A
summary for the FAR rule follows. For
the actual revisions and/or amendments
made by this FAR case, refer to the
specific subject set forth in the
document following this item summary.
FAC 2020–05 amends the FAR as
follows:
SUPPLEMENTARY INFORMATION:
lotter on DSKBCFDHB2PROD with RULES2
Set-Asides Under Multiple-Award
Contracts (FAR Case 2014–002)
This final rule amends the FAR to
implement regulatory changes made by
the Small Business Administration
(SBA) in its final rule at 78 FR 61114 on
October 2, 2013. SBA’s final rule
VerDate Sep<11>2014
19:31 Feb 26, 2020
Jkt 250001
implements the statutory requirements
set forth at section 1331 of the Small
Business Jobs Act of 2010 (15 U.S.C.
644(r)). Section 1331 provided authority
for three acquisition techniques to
facilitate contracting with small
businesses on multiple-award contracts:
(1) Setting aside part or parts of the
requirement for small businesses.
(2) Reserving one or more contract
awards for small business concerns
under full and open multiple-award
procurements.
(3) Setting aside orders placed against
multiple-award contracts,
notwithstanding the fair opportunity
requirements of 10 U.S.C. 2304c(b) and
41 U.S.C. 4106(c).
This final rule provides contracting
officers additional guidance on the use
of partial set-asides, reserves, and setasides of orders under multiple-award
contracts. This final rule may have a
positive economic impact on any small
PO 00000
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business entity that wishes to
participate in the Federal marketplace.
The section 1331 authorities are
expected to provide small businesses
greater access to multiple-award
contracts, including orders issued
against such contracts. There is an
upward adjustment to the annual
burden associated with an existing
information collection, to account for
size and socioeconomic status
rerepresentations for individual task
and delivery orders.
This rule also finalizes the interim
rule published November 2, 2011, under
FAR Case 2011–024.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2020–02029 Filed 2–26–20; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\27FER2.SGM
27FER2
]]>Agencies
[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11773-11774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02029]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2020-0051, Sequence No. 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2020-05; Small Entity Compliance Guide
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
-----------------------------------------------------------------------
SUMMARY: This document is issued under the joint authority of DOD, GSA,
and NASA. This Small Entity Compliance Guide has been prepared in
accordance with section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996. It consists of a summary of the rule
appearing in Federal Acquisition Circular (FAC) 2020-05, which amends
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a
rule indicates that a regulatory flexibility analysis has been
prepared. Interested parties may obtain further information regarding
this rule by referring to FAC 2020-05, which precedes this document.
These documents are also available via the internet at https://www.regulations.gov.
DATES: February 27, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement
Analyst, at 703-605-2868 or by email at [email protected] for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755. Please cite FAC 2020-05, FAR Case 2014-002.
[[Page 11774]]
Rule Listed in FAC 2020-05
------------------------------------------------------------------------
Subject FAR Case Analyst
------------------------------------------------------------------------
* Set-Asides Under Multiple- 2014-002 Uddowla.
Award Contracts.
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the
actual revisions and/or amendments made by this FAR case, refer to the
specific subject set forth in the document following this item summary.
FAC 2020-05 amends the FAR as follows:
Set-Asides Under Multiple-Award Contracts (FAR Case 2014-002)
This final rule amends the FAR to implement regulatory changes made
by the Small Business Administration (SBA) in its final rule at 78 FR
61114 on October 2, 2013. SBA's final rule implements the statutory
requirements set forth at section 1331 of the Small Business Jobs Act
of 2010 (15 U.S.C. 644(r)). Section 1331 provided authority for three
acquisition techniques to facilitate contracting with small businesses
on multiple-award contracts:
(1) Setting aside part or parts of the requirement for small
businesses.
(2) Reserving one or more contract awards for small business
concerns under full and open multiple-award procurements.
(3) Setting aside orders placed against multiple-award contracts,
notwithstanding the fair opportunity requirements of 10 U.S.C. 2304c(b)
and 41 U.S.C. 4106(c).
This final rule provides contracting officers additional guidance
on the use of partial set-asides, reserves, and set-asides of orders
under multiple-award contracts. This final rule may have a positive
economic impact on any small business entity that wishes to participate
in the Federal marketplace. The section 1331 authorities are expected
to provide small businesses greater access to multiple-award contracts,
including orders issued against such contracts. There is an upward
adjustment to the annual burden associated with an existing information
collection, to account for size and socioeconomic status
rerepresentations for individual task and delivery orders.
This rule also finalizes the interim rule published November 2,
2011, under FAR Case 2011-024.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2020-02029 Filed 2-26-20; 8:45 am]
BILLING CODE 6820-EP-P
