Federal Acquisition Regulation; Federal Acquisition Circular 2021-02; Small Entity Compliance Guide, 67629-67630 [2020-21703]
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Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations
1. The authority citation for 48 CFR
parts 4, 52, and 53 continues to read as
follows:
Authorized Deviations in Provisions (Nov
2020)
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
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■
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*
5. Amend section 52.252–6 by—
a. Removing from the introductory
text ‘‘$(DEVIATION)’’ and adding
‘‘(DEVIATION)’’ in its place;
■ b. Revising the date of clause; and
■ c. Removing from paragraphs (a) and
(b) ‘‘$(DEVIATION)’’ and adding
‘‘(DEVIATION)’’ in its place.
The revision reads as follows:
67629
and National Aeronautics and Space
Administration (NASA).
ACTION:
Small Entity Compliance Guide.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
Authorized Deviations in Clauses (Nov 2020)
3. Amend section 52.213–4 by—
a. Revising the date of the clause; and
b. Removing from paragraph
(b)(1)(xiv) introductory text ‘‘(DEC
2007)’’ and adding ‘‘(MAY 2020)’’ in its
place.
The revision reads as follows:
PART 53—FORMS
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)
2021–02, which amends the Federal
Acquisition Regulation (FAR).
Interested parties may obtain further
information regarding these rules by
referring to FAC 2021–02, which
precedes this document.
53.228
DATES:
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
[FR Doc. 2020–21702 Filed 10–22–20; 8:45 am]
PART 4—ADMINISTRATIVE AND
INFORMATION MATTERS
4.2102
[Amended]
2. Amend section 4.2102 in paragraph
(a) introductory text by removing
‘‘Prohibited equipment, systems, or
services’’ and adding ‘‘Prohibited
equipment, systems, or services’’ in its
place.
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■
■
■
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*
*
*
*
*
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4. Amend section 52.252–5 by—
a. Removing from the introductory
text ‘‘$(DEVIATION)’’ and adding
‘‘(DEVIATION)’’ in its place;
■ b. Revising the date of provision; and
■ c. Removing from paragraphs (a) and
(b) ‘‘$(DEVIATION)’’ and adding
‘‘(DEVIATION)’’ in its place.
The revision reads as follows:
■
■
52.252–5 Authorized Deviations in
Provisions.
*
*
*
*
*
*
Authorized Deviations in
*
*
*
*
*
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*
[Amended]
6. Amend section 53.228 by removing
from paragraphs (h), (i), and (j) ‘‘28.202–
1(a)(4)’’ and adding ‘‘28.202(a)(4)’’ in its
place.
■
BILLING CODE 6820–EP–P
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items) (Nov 2020)
*
52.252–6
Clauses.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
SUMMARY:
October 23, 2020.
The FAC, including the
SECG, is available via the internet at
https://www.regulations.gov.
ADDRESSES:
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2021–02 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. An asterisk (*)
next to a rule indicates that a regulatory
flexibility analysis has been prepared.
FOR FURTHER INFORMATION CONTACT:
48 CFR Chapter 1
[Docket No. FAR–2020–0051, Sequence No.
7]
Federal Acquisition Regulation;
Federal Acquisition Circular 2021–02;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
*
khammond on DSKJM1Z7X2PROD with RULES2
RULE LISTED IN FAC 2021–02
Item
Subject
I .........................
II ........................
III .......................
IV * ....................
V .......................
VI * ....................
VII * ...................
VIII ....................
Removal of FAR Appendix ............................................................................................................
Removal of Obsolete Definitions ...................................................................................................
Update to Excess Personal Property Procedures ........................................................................
Reserve Officer Training Corps and Military Recruiting on Campus ...........................................
Documentation of Market Research .............................................................................................
Taxes—Foreign Contracts in Afghanistan ....................................................................................
Recreational Services on Federal Lands ......................................................................................
Technical Amendments.
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
VerDate Sep<11>2014
18:11 Oct 22, 2020
Jkt 253001
FAR case
following these item summaries. FAC
2021–02 amends the FAR as follows:
PO 00000
Frm 00019
Fmt 4701
Sfmt 4700
2020–003
2020–002
2019–019
2018–021
2020–006
2018–023
2019–002
Analyst
Boyer.
Uddowla.
Uddowla.
Delgado.
Francis.
Funk.
Funk.
Item I—Removal of FAR Appendix
(FAR Case 2020–003)
This final rule removes FAR
references to the FAR appendix and the
FAR looseleaf. The FAR appendix at an
earlier time contained a copy of the Cost
E:\FR\FM\23OCR2.SGM
23OCR2
67630
Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations
Accounting Standards Board
regulations. These remain available at
48 CFR chapter 99. There is no effect on
small entities. The FAR loose-leaf
version is now published online at
https://www.acquisition.gov. It is no
longer published as a paper loose-leaf
version.
Item II—Removal of Obsolete
Definitions (FAR Case 2020–002)
This final rule amends the FAR to
remove the definitions of the terms
‘‘annual receipts’’ and ‘‘number of
employees’’ in FAR 19.101. The Small
Business Administration (SBA)
published a final rule at 84 FR 66561 on
December 5, 2019, amending its
regulations to update these terms in 13
CFR part 121 as part of SBA’s
implementation of the Small Business
Runway Extension Act of 2018. The
definitions in FAR 19.101 conflict with
SBA’s revised regulation and are not
needed in the FAR as these terms relate
to determinations made by SBA, not
contracting officers. In addition, this
final rule moves the definition of
‘‘affiliates,’’ as used with regard to small
business size determination, to
appropriate locations in the FAR.
khammond on DSKJM1Z7X2PROD with RULES2
Item III—Update to Excess Personal
Property Procedures (FAR Case 2019–
019)
This final rule amends the FAR to
update internal Government procedures
on how agencies can locate excess
personal property and to remove
obsolete requirements. Specifically, this
rule removes references to catalogs and
bulletins issued by GSA, the use of a
discontinued GSA form, and the ability
to the examine reports and samples of
excess personal property in GSA
VerDate Sep<11>2014
18:11 Oct 22, 2020
Jkt 253001
regional offices. Instead, the rule
identifies the website through which
agencies can find information on
available excess personal property.
Additionally, this rule updates the name
of the offices handling excess personal
property within GSA and provides a
website containing contact information
for those offices.
Item IV—Reserve Officer Training
Corps and Military Recruiting on
Campus (FAR Case 2018–021)
This final rule implements 10 U.S.C.
983, which prohibits the award of
certain Federal contracts to institutions
of higher education that prohibit
Reserve Officer Training Corps (ROTC)
units or military recruiting on campus.
This final rule will not have a
significant economic impact on a
substantial number of small entities.
Item V—Documentation of Market
Research (FAR Case 2020–006)
This final rule amends the FAR to
implement section 818 of the National
Defense Authorization Act for Fiscal
Year 2020, which requires the head of
the agency to document the results of
market research in a manner appropriate
for the size and complexity of the
acquisition.
Item VI—Taxes—Foreign Contracts in
Afghanistan (FAR Case 2018–023)
This final rule amends the FAR to add
two new clauses that notify contractors
of requirements relating to Afghanistan
taxes or similar charges when contracts
are being performed in Afghanistan.
Agreements established with the Islamic
Republic of Afghanistan exempt the
United States Forces and the North
Atlantic Treaty Organization (NATO)
PO 00000
Frm 00020
Fmt 4701
Sfmt 9990
Forces, and their contractors from
liability for Afghanistan taxes and
similar charges (e.g., customs, duties,
fees). These clauses were previously in
the Defense Federal Acquisition
Regulation Supplement and are now
elevated to the FAR to eliminate the
need for agency unique supplemental
regulations and ensure unified guidance
among the affected agencies consistent
with the purpose of the FAR.
Item VII—Recreational Services on
Federal Lands (FAR Case 2019–002)
This final rule amends FAR
22.1903(b)(2) and FAR clause 52.222–
55(c)(2) to conform to a Department of
Labor rule by adding seasonal
recreational services or seasonal
recreational equipment rental for the
general public on Federal lands under
contracts or contract-like instruments
entered into with the Federal
Government, to the list of exemptions
from the requirements of Executive
Order 13658, Establishing a Minimum
Wage for Contractors. The current
minimum wage is $10.80 per hour.
Lodging and food services are not
exempted. Both rules implement
Executive Order 13838, Exemption from
Executive Order 13658 for Recreational
Services on Federal Lands.
Item VIII—Technical Amendments
Editorial changes are made at FAR
4.2102, 52.213–4, 52.252–5, 52.252–6,
and 53.228.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2020–21703 Filed 10–22–20; 8:45 am]
BILLING CODE 6820–14–P
E:\FR\FM\23OCR2.SGM
23OCR2
]]>Agencies
[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Rules and Regulations]
[Pages 67629-67630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21703]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2020-0051, Sequence No. 7]
Federal Acquisition Regulation; Federal Acquisition Circular
2021-02; 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) 2021-02, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding these rules by referring to FAC 2021-02,
which precedes this document.
DATES: October 23, 2020.
ADDRESSES: The FAC, including the SECG, is available via the internet
at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2021-02 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]. An asterisk (*) next to a rule
indicates that a regulatory flexibility analysis has been prepared.
Rule Listed in FAC 2021-02
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
I................................ Removal of FAR Appendix.......... 2020-003 Boyer.
II............................... Removal of Obsolete Definitions.. 2020-002 Uddowla.
III.............................. Update to Excess Personal 2019-019 Uddowla.
Property Procedures.
IV *............................. Reserve Officer Training Corps 2018-021 Delgado.
and Military Recruiting on
Campus.
V................................ Documentation of Market Research. 2020-006 Francis.
VI *............................. Taxes--Foreign Contracts in 2018-023 Funk.
Afghanistan.
VII *............................ Recreational Services on Federal 2019-002 Funk.
Lands.
VIII............................. Technical Amendments.
----------------------------------------------------------------------------------------------------------------
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 2021-02 amends the FAR as follows:
Item I--Removal of FAR Appendix (FAR Case 2020-003)
This final rule removes FAR references to the FAR appendix and the
FAR looseleaf. The FAR appendix at an earlier time contained a copy of
the Cost
[[Page 67630]]
Accounting Standards Board regulations. These remain available at 48
CFR chapter 99. There is no effect on small entities. The FAR loose-
leaf version is now published online at https://www.acquisition.gov. It
is no longer published as a paper loose-leaf version.
Item II--Removal of Obsolete Definitions (FAR Case 2020-002)
This final rule amends the FAR to remove the definitions of the
terms ``annual receipts'' and ``number of employees'' in FAR 19.101.
The Small Business Administration (SBA) published a final rule at 84 FR
66561 on December 5, 2019, amending its regulations to update these
terms in 13 CFR part 121 as part of SBA's implementation of the Small
Business Runway Extension Act of 2018. The definitions in FAR 19.101
conflict with SBA's revised regulation and are not needed in the FAR as
these terms relate to determinations made by SBA, not contracting
officers. In addition, this final rule moves the definition of
``affiliates,'' as used with regard to small business size
determination, to appropriate locations in the FAR.
Item III--Update to Excess Personal Property Procedures (FAR Case 2019-
019)
This final rule amends the FAR to update internal Government
procedures on how agencies can locate excess personal property and to
remove obsolete requirements. Specifically, this rule removes
references to catalogs and bulletins issued by GSA, the use of a
discontinued GSA form, and the ability to the examine reports and
samples of excess personal property in GSA regional offices. Instead,
the rule identifies the website through which agencies can find
information on available excess personal property. Additionally, this
rule updates the name of the offices handling excess personal property
within GSA and provides a website containing contact information for
those offices.
Item IV--Reserve Officer Training Corps and Military Recruiting on
Campus (FAR Case 2018-021)
This final rule implements 10 U.S.C. 983, which prohibits the award
of certain Federal contracts to institutions of higher education that
prohibit Reserve Officer Training Corps (ROTC) units or military
recruiting on campus.
This final rule will not have a significant economic impact on a
substantial number of small entities.
Item V--Documentation of Market Research (FAR Case 2020-006)
This final rule amends the FAR to implement section 818 of the
National Defense Authorization Act for Fiscal Year 2020, which requires
the head of the agency to document the results of market research in a
manner appropriate for the size and complexity of the acquisition.
Item VI--Taxes--Foreign Contracts in Afghanistan (FAR Case 2018-023)
This final rule amends the FAR to add two new clauses that notify
contractors of requirements relating to Afghanistan taxes or similar
charges when contracts are being performed in Afghanistan. Agreements
established with the Islamic Republic of Afghanistan exempt the United
States Forces and the North Atlantic Treaty Organization (NATO) Forces,
and their contractors from liability for Afghanistan taxes and similar
charges (e.g., customs, duties, fees). These clauses were previously in
the Defense Federal Acquisition Regulation Supplement and are now
elevated to the FAR to eliminate the need for agency unique
supplemental regulations and ensure unified guidance among the affected
agencies consistent with the purpose of the FAR.
Item VII--Recreational Services on Federal Lands (FAR Case 2019-002)
This final rule amends FAR 22.1903(b)(2) and FAR clause 52.222-
55(c)(2) to conform to a Department of Labor rule by adding seasonal
recreational services or seasonal recreational equipment rental for the
general public on Federal lands under contracts or contract-like
instruments entered into with the Federal Government, to the list of
exemptions from the requirements of Executive Order 13658, Establishing
a Minimum Wage for Contractors. The current minimum wage is $10.80 per
hour. Lodging and food services are not exempted. Both rules implement
Executive Order 13838, Exemption from Executive Order 13658 for
Recreational Services on Federal Lands.
Item VIII--Technical Amendments
Editorial changes are made at FAR 4.2102, 52.213-4, 52.252-5,
52.252-6, and 53.228.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2020-21703 Filed 10-22-20; 8:45 am]
BILLING CODE 6820-14-P
