Federal Acquisition Regulation; Federal Acquisition Circular 2020-07; Small Entity Compliance Guide, 40077-40078 [2020-12758]
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40077
Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations
d. Removing from paragraph (b)(22)(i)
‘‘(MAR 2020)’’ and adding ‘‘(MAY
2020)’’ in its place; and
■ e. Removing from paragraph (b)(42)
‘‘(DEC 2007)’’ and adding ‘‘(MAY
2020)’’ in its place.
The addition reads as follows:
DEPARTMENT OF DEFENSE
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
48 CFR Chapter 1
■
*
*
*
*
*
Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items
(JUL 2020)
*
*
*
*
*
(b) * * *
ll(18) * * *
ll(ii) Alternate I (MAR 2020) of
52.219–13.
*
*
*
*
*
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Docket No. FAR–2020–0051, Sequence No.
3]
Federal Acquisition Regulation;
Federal Acquisition Circular 2020–07;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
AGENCY:
This document is issued
under the joint authority of DOD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
SUMMARY:
[FR Doc. 2020–12757 Filed 7–1–20; 8:45 am]
BILLING CODE 6820–EP–P
accordance with section 212 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. It consists of a
summary of the rules appearing in
Federal Acquisition Circular (FAC)
2020–07, 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 these
rules by referring to FAC 2020–07,
which precedes this document. These
documents are also available via the
internet at https://www.regulations.gov.
DATES:
July 2, 2020.
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2020–07 and the
FAR Case number. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov.
FOR FURTHER INFORMATION CONTACT:
RULE LISTED IN FAC 2020–07
Item
Subject
FAR case
*I ........................
*II .......................
*III ......................
*IV .....................
*V ......................
VI .......................
Requirements for DD Form 254, Contract Security Classification Specification ............
Increased Micro-Purchase and Simplified Acquisition Thresholds .................................
Evaluation Factors for Multiple-Award Contracts ............................................................
Modifications to Cost or Pricing Data Requirements ......................................................
Orders Issued Via Fax or Electronic Commerce ............................................................
Technical Amendments ...................................................................................................
2015–002
2018–004
2017–010
2018–005
2018–022
........................
The FAC, including the
SECG, is available via the internet at
https://www.regulations.gov.
SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these FAR rules,
refer to the specific item numbers and
subjects set forth in the documents
following these item summaries. FAC
2020–07 amends the FAR as follows:
ADDRESSES:
khammond on DSKJM1Z7X2PROD with RULES3
Item I—Requirements for DD Form 254,
Contract Security Classification
Specification (FAR Case 2015–002)
This final rule amends the FAR to
provide procedures for use of the DD
Form 254, Contract Security
Classification Specification, and the use
of the Procurement Integrated Enterprise
Environment (PIEE) for electronic
submission to streamline the
submission process. It requires use of
the DD Form 254 by DoD components,
and by nondefense agencies that have
industrial security services agreements
with DoD, and requires the use of the
National Industrial Security Program
Contracts Classification System module
of the PIEE, unless the nondefense
VerDate Sep<11>2014
21:45 Jul 01, 2020
Jkt 250001
agency has an existing DD Form 254
information system.
Item II—Increased Micro-Purchase and
Simplified Acquisition Thresholds
(FAR Case 2018–004)
This final rule increases the micropurchase threshold (MPT) from $3,500
to $10,000, increases the simplified
acquisition threshold (SAT) from
$150,000 to $250,000, and increases the
special emergency procurement
authority in paragraph (2) from
$300,000 to $500,000. The rule also
clarifies certain procurement terms, as
well as aligns some non-statutory
thresholds with the MPT and SAT. It
implements section 217(b) of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2017 and
sections 805, 806, and 1702(a) of the
NDAA for FY 2018.
This final rule will likely have a
positive significant economic impact on
a substantial number of small entities.
PO 00000
Frm 00019
Fmt 4701
Sfmt 4700
Analyst
Glover.
Jackson.
Jackson.
Delgado.
Glover.
Item III—Evaluation Factors for
Multiple-Award Contracts (FAR Case
2017–010)
DoD, GSA, and NASA are issuing a
final rule amending the FAR to
implement section 825 of the National
Defense Authorization Act for Fiscal
Year 2017 (Pub. L. 114–328). The final
rule modifies the requirement to
consider price or cost as an evaluation
factor for the award of certain multipleaward task order contracts issued by
DoD, NASA, and the Coast Guard.
Specifically, the rule provides that, at
the Government’s discretion,
solicitations for multiple-award
contracts for the same or similar
services that state the Government
intends to award a contract to each
qualifying offeror do not require price or
cost as an evaluation factor for contract
award. This exception does not apply to
solicitations for multiple-award
contracts that provide for sole source
orders pursuant to 8(a) of the Small
Business Act (15 U.S.C. 637(a)). When
price or cost is not evaluated during
contract award, the contracting officer
shall consider price or cost as a factor
for the award of each order under the
E:\FR\FM\02JYR3.SGM
02JYR3
khammond on DSKJM1Z7X2PROD with RULES3
40078
Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations
contract. Section 825 also amends 10
U.S.C. 2304c(b) to add exemptions for
the use of competitive procedures when
placing an order under a multiple-award
contract.
National Defense Authorization Act for
Fiscal Year 2018, Public Law 115–91.
This final rule will not have a
significant economic impact on a
substantial number of small entities.
Item IV—Modifications to Cost or
Pricing Data Requirements (FAR Case
2018–005)
Item V—Orders Issued Via Fax or
Electronic Commerce (FAR Case 2018–
022)
This final rule increases the threshold
for requesting certified cost or pricing
data from $750,000 to $2 million for
contracts entered into after June 30,
2018. For earlier contracts, contractors
may request a modification to use the
new clause Alternates, with the new $2
million threshold for subcontracts
awarded on or after July 1, 2018. The
rule implements section 811 of the
This final rule amends a FAR clause
to permit the issuance of task or
delivery orders via facsimile or
electronic commerce and clarify when
an order is considered ‘‘issued’’ when
using these methods. As a result,
contracting officers will no longer need
to include supplemental ordering
language in the contract when
anticipating the use of fax or electronic
VerDate Sep<11>2014
21:45 Jul 01, 2020
Jkt 250001
PO 00000
Frm 00020
Fmt 4701
Sfmt 9990
commerce to issue task or delivery
orders. The authority to issue orders
orally must still be separately
authorized in the contract. A common
understanding of when a task or
delivery order is considered issued, in
such situations, will be applied
Governmentwide.
Item VI—Technical Amendments
Editorial changes are made at FAR
5.205, 9.109–4, 27.405–3, 52.209–13,
and 52.212–5.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2020–12758 Filed 7–1–20; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\02JYR3.SGM
02JYR3
]]>Agencies
[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Rules and Regulations]
[Pages 40077-40078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12758]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2020-0051, Sequence No. 3]
Federal Acquisition Regulation; Federal Acquisition Circular
2020-07; 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 rules
appearing in Federal Acquisition Circular (FAC) 2020-07, 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
these rules by referring to FAC 2020-07, which precedes this document.
These documents are also available via the internet at https://www.regulations.gov.
DATES: July 2, 2020.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2020-07 and the FAR Case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat Division
at 202-501-4755 or [email protected].
Rule Listed in FAC 2020-07
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
*I............................ Requirements for DD Form 254, 2015-002 Glover.
Contract Security
Classification Specification.
*II........................... Increased Micro-Purchase and 2018-004 Jackson.
Simplified Acquisition
Thresholds.
*III.......................... Evaluation Factors for 2017-010 Jackson.
Multiple-Award Contracts.
*IV........................... Modifications to Cost or 2018-005 Delgado.
Pricing Data Requirements.
*V............................ Orders Issued Via Fax or 2018-022 Glover.
Electronic Commerce.
VI............................ Technical Amendments......... .............. .................................
----------------------------------------------------------------------------------------------------------------
ADDRESSES: The FAC, including the SECG, is available via the internet
at https://www.regulations.gov.
SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these FAR rules, refer to
the specific item numbers and subjects set forth in the documents
following these item summaries. FAC 2020-07 amends the FAR as follows:
Item I--Requirements for DD Form 254, Contract Security Classification
Specification (FAR Case 2015-002)
This final rule amends the FAR to provide procedures for use of the
DD Form 254, Contract Security Classification Specification, and the
use of the Procurement Integrated Enterprise Environment (PIEE) for
electronic submission to streamline the submission process. It requires
use of the DD Form 254 by DoD components, and by nondefense agencies
that have industrial security services agreements with DoD, and
requires the use of the National Industrial Security Program Contracts
Classification System module of the PIEE, unless the nondefense agency
has an existing DD Form 254 information system.
Item II--Increased Micro-Purchase and Simplified Acquisition Thresholds
(FAR Case 2018-004)
This final rule increases the micro-purchase threshold (MPT) from
$3,500 to $10,000, increases the simplified acquisition threshold (SAT)
from $150,000 to $250,000, and increases the special emergency
procurement authority in paragraph (2) from $300,000 to $500,000. The
rule also clarifies certain procurement terms, as well as aligns some
non-statutory thresholds with the MPT and SAT. It implements section
217(b) of the National Defense Authorization Act (NDAA) for Fiscal Year
(FY) 2017 and sections 805, 806, and 1702(a) of the NDAA for FY 2018.
This final rule will likely have a positive significant economic
impact on a substantial number of small entities.
Item III--Evaluation Factors for Multiple-Award Contracts (FAR Case
2017-010)
DoD, GSA, and NASA are issuing a final rule amending the FAR to
implement section 825 of the National Defense Authorization Act for
Fiscal Year 2017 (Pub. L. 114-328). The final rule modifies the
requirement to consider price or cost as an evaluation factor for the
award of certain multiple-award task order contracts issued by DoD,
NASA, and the Coast Guard. Specifically, the rule provides that, at the
Government's discretion, solicitations for multiple-award contracts for
the same or similar services that state the Government intends to award
a contract to each qualifying offeror do not require price or cost as
an evaluation factor for contract award. This exception does not apply
to solicitations for multiple-award contracts that provide for sole
source orders pursuant to 8(a) of the Small Business Act (15 U.S.C.
637(a)). When price or cost is not evaluated during contract award, the
contracting officer shall consider price or cost as a factor for the
award of each order under the
[[Page 40078]]
contract. Section 825 also amends 10 U.S.C. 2304c(b) to add exemptions
for the use of competitive procedures when placing an order under a
multiple-award contract.
Item IV--Modifications to Cost or Pricing Data Requirements (FAR Case
2018-005)
This final rule increases the threshold for requesting certified
cost or pricing data from $750,000 to $2 million for contracts entered
into after June 30, 2018. For earlier contracts, contractors may
request a modification to use the new clause Alternates, with the new
$2 million threshold for subcontracts awarded on or after July 1, 2018.
The rule implements section 811 of the National Defense Authorization
Act for Fiscal Year 2018, Public Law 115-91.
This final rule will not have a significant economic impact on a
substantial number of small entities.
Item V--Orders Issued Via Fax or Electronic Commerce (FAR Case 2018-
022)
This final rule amends a FAR clause to permit the issuance of task
or delivery orders via facsimile or electronic commerce and clarify
when an order is considered ``issued'' when using these methods. As a
result, contracting officers will no longer need to include
supplemental ordering language in the contract when anticipating the
use of fax or electronic commerce to issue task or delivery orders. The
authority to issue orders orally must still be separately authorized in
the contract. A common understanding of when a task or delivery order
is considered issued, in such situations, will be applied
Governmentwide.
Item VI--Technical Amendments
Editorial changes are made at FAR 5.205, 9.109-4, 27.405-3, 52.209-
13, and 52.212-5.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2020-12758 Filed 7-1-20; 8:45 am]
BILLING CODE 6820-EP-P
