Federal Acquisition Regulation; Technical Amendments, 31074-31075 [2021-11867]

Download as PDF 31074 Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations The objective of the rule is to increase the threshold for requiring fair opportunity on FAR part 16 orders under multiple-award contracts from $3,500 to the word-based, ‘‘micro-purchase threshold’’ for consistency of application and alignment with future adjustments. The legal basis for the rule is section 826 of the NDAA for FY 2020 (Pub. L. 116–92). There were no significant issues raised in response to the initial regulatory flexibility analysis. DoD, GSA, and NASA do not expect this rule to have a significant economic impact on a substantial number of small entities; most of the impact will be on the Government. This rule will likely affect small entities that participate in fair opportunity competitions for FAR part 16 task and delivery orders under multiple-award contracts conducted by the Federal Government between $3,500 and the micro-purchase threshold, which currently is $10,000. DoD, GSA, and NASA do not expect a significant change in the number of orders awarded to small entities; however, in certain circumstances this rule is expected to reduce the costs associated with developing and submitting a response to task and delivery order competitions for actions up to $10,000. To assess the impact of the threshold increase, data was obtained from FPDS. For FY 2017 through FY 2019, there was an average of 9,803 FAR part 16 task and delivery orders awarded using fair opportunity between $3,500 and $10,000. Of these actions, an average of 5,852 were awarded to 843 unique small entities. As a result of this rule, it is assumed that approximately 843 small entities may experience a reduction in proposal costs on task and delivery orders valued between $3,500 and $10,000. This rule does not impose any reporting, recordkeeping, or other compliance requirements. There are no alternatives that are consistent with the objectives of the statute. Interested parties may obtain a copy of the FRFA from the Regulatory Secretariat Division. The Regulatory Secretariat Division has submitted a copy of the FRFA to the Chief Counsel for Advocacy of the Small Business Administration. VIII. Paperwork Reduction Act This rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501–3521). khammond on DSKJM1Z7X2PROD with RULES3 List of Subjects in 48 CFR Part 16 Government procurement. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 16 as set forth below: VerDate Sep<11>2014 18:09 Jun 09, 2021 Jkt 253001 PART 16—TYPES OF CONTRACTS 1. The authority citation for 48 CFR part 16 continues to read as follows: List of Subjects in 48 CFR Parts 11, 19, 22, 26, 42, 52, and 53 ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 16.505 [Amended] 2. Amend section 16.505 by— ■ a. Removing from paragraph (b)(1)(i) introductory text ‘‘$3,500’’ and adding ‘‘the micro-purchase threshold’’ in its place; ■ b. Removing from paragraph (b)(2)(i) introductory text ‘‘delivery-order or task-order exceeding $3,500’’ and adding ‘‘delivery order or task order exceeding the micro-purchase threshold’’ in its place; and ■ c. Removing from the paragraph (b)(2)(ii)(A) subject heading ‘‘$3,500’’ and adding ‘‘the micro-purchase threshold’’ in its place. ■ [FR Doc. 2021–11864 Filed 6–9–21; 8:45 am] BILLING CODE 6820–EP–P Government procurement. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 11, 19, 22, 26, 42, 52, and 53 as set forth below: ■ 1. The authority citation for 48 CFR parts 11, 19, 22, 26, 42, 52, and 53 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 11—DESCRIBING AGENCY NEEDS 11.201 [Amended] 2. Amend section 11.201 by removing paragraph (d)(2)(iii). ■ PART 19—SMALL BUSINESS PROGRAMS 19.102 [Amended] 3. Amend section 19.102 by removing from paragraph (a)(2) ‘‘https:// www.census.gov/eos/www/naics/’’ and adding ‘‘https://www.census.gov/naics/’’ in its place. ■ DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 19.201 [Amended] 48 CFR Parts 11, 19, 22, 26, 42, 52, and 53 4. Amend section 19.201 by removing from paragraph (c)(1) ‘‘Director of Small’’ and adding ‘‘Director of the Office of Small’’ in its place. [FAC 2021–06; Item III; Docket No. FAR– 2021–0052; Sequence No. 2] 19.702 ■ [Amended] 5. Amend section 19.702 by removing from paragraph (d) ‘‘http://www.acq. osd.mil/osbp/mentor_protege/’’ and adding ‘‘https://business.defense.gov/ Programs/Mentor-Protege-Program/ ’’ in its place. ■ Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCY: ACTION: This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make needed editorial changes. Effective: July 12, 2021. Ms. Lois Mandell, Regulatory Secretariat Division (MVCB), at 202–501–4755 or GSARegSec@gsa.gov. Please cite FAC 2021–06, Technical Amendment. FOR FURTHER INFORMATION CONTACT: This document makes editorial changes to 48 CFR parts 11, 19, 22, 26, 42, 52 and 53 of the FAR. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00006 Fmt 4701 [Amended] 6. Amend section 19.812 by removing from paragraph (a) ‘‘https:// pubapp.dcma.mil/CASD/main.jsp’’’’ and adding ‘‘https://piee.eb.mil/pcm/ xhtml/unauth/index.xhtml))’’ in its place. ■ Final rule. SUMMARY: DATES: 19.812 Sfmt 4700 PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 22.805 [Amended] 7. Amend section 22.805 by removing from paragraph (a)(4)(i) ‘‘https:// ofccp.dol-esa.gov/preaward/pa_ reg.html’’ and adding ‘‘https:// www.dol.gov/agencies/ofccp/pre-award/ registry’’ in its place. ■ E:\FR\FM\10JNR3.SGM 10JNR3 Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations PART 26—OTHER SOCIOECONOMIC PROGRAMS 26.201 [Amended] 8. Amend section 26.201 in the definition ‘‘Major disaster or emergency area’’ by removing ‘‘http:// www.fema.gov/news/disasters.fema’’ and adding ‘‘https://www.fema.gov/ disasters/disaster-declarations’’ in its place. ■ PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES 42.203 [Amended] 9. Amend section 42.203 by removing ‘‘https://pubapp.dcma.mil/CASD/ main.jsp’’ and adding ‘‘https:// piee.eb.mil/pcm/xhtml/unauth/ index.xhtml’’ in its place. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 10. Amend section 52.211–2 by— a. Revising the date of the provision; b. Removing from the end of paragraph (a)(2) the semicolon and adding a period in its place; and ■ c. Removing paragraph (a)(3). The revision reads as follows: ■ ■ ■ §52.211–2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST). * * * * Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) (JUL 2021) * khammond on DSKJM1Z7X2PROD with RULES3 ■ ■ ■ ■ * * * * * * * * Alternate II (JUL 2021). * * * 13. Amend section 52.213–4 by— a. Revising the date of the clause; ■ b. Removing from paragraph (a)(1)(vii) ‘‘(JUN 2008)’’ and adding ‘‘(FEB 2021)’’ in its place; ■ c. Removing from paragraph (a)(2)(viii) ‘‘(NOV 2020)’’ and adding ‘‘(JUL 2021)’’ in its place; and ■ d. Removing from paragraph (b)(1)(xxi) ‘‘46 U.S.C. App. 1241’’ and adding ‘‘46 U.S.C. 55305’’ in its place. The revision reads as follows: ■ ■ §52.213–4 Terms and Conditions— Simplified Acquisitions (Other Than Commercial Items). * * * * Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (JUL 2021) * * * * ■ 14. Amend section 52.222–8 by— ■ a. Revising the date of the clause; and ■ b. Removing from paragraph (b)(1) ‘‘http://www.dol.gov/whd/forms/ wh347.pdf’’ and adding ‘‘https:// www.dol.gov/agencies/whd/forms’’ in its place. The revision reads as follows: Payrolls and Basic Records. * * * [FR Doc. 2021–11867 Filed 6–9–21; 8:45 am] * * GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket No. FAR–2021–0051, Sequence No. 3] Federal Acquisition Regulation; Federal Acquisition Circular 2021–06; 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. * * * 16. Amend section 53.236–2 by removing from the paragraph (b) subject heading ‘‘(Rev. 8/2016)’’ and adding ‘‘(Rev. JUL 2021)’’ in its place. ■ DEPARTMENT OF DEFENSE * §52.222–8 * [Amended] * §52.212–1 Instructions to Offerors— Commercial Items. * §53.236–2 BILLING CODE 6820–EP–P * * * * * 11. Amend section 52.212–1 by— a. Revising the date of the clause; and b. Removing paragraph (i)(2)(iii). The revision reads as follows: PART 53—FORMS §52.212–5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (JUL 2021) ■ * e. In Alternate II— i. Revising the date of the Alternate; and ■ ii. Removing from paragraph (e)(1)(ii)(U) ‘‘46 U.S.C. Appx. 1241(b)’’ and adding ‘‘46 U.S.C. 55305’’ in its place. The revisions read as follows: ■ * 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) 2021–06, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2021–06, which precedes this document. SUMMARY: June 10, 2021. Instructions to Offerors—Commercial Items (JUL 2021) Payrolls and Basic Records (JUL 2021) DATES: * ADDRESSES: * ■ * * * * ■ 12. Amend section 52.212–5 by— ■ a. Revising the clause heading and the date of the clause; ■ b. Removing from paragraph (b)(51) ‘‘(JUNE 2008)’’ and adding ‘‘(FEB 2021)’’ in its place; ■ c. Removing from paragraph (b)(55) ‘‘(JUN 2020)’’ and adding ‘‘(FEB 2021)’’ in its place ■ d. Removing from paragraphs (b)(63)(i) and (e)(1)(xxii) ‘‘46 U.S.C. Appx. 1241(b)’’ and adding ‘‘46 U.S.C. 55305’’ in their places, respectively; and VerDate Sep<11>2014 18:09 Jun 09, 2021 Jkt 253001 * * * * 15. Amend section 52.244–6 by— ■ a. Revising the date of the clause; and ■ b. Removing from paragraph (c)(1)(xx) ‘‘46 U.S.C. App. 1241’’ and adding ‘‘46 U.S.C. 55305’’ in its place. The revision reads as follows: §52.244–6 Items. Subcontracts for Commercial * * * * * Subcontracts for Commercial Items (JUL 2021) * PO 00000 * * Frm 00007 * Fmt 4701 31075 * Sfmt 4700 The FAC, including the SECG, is available via the internet at https://www.regulations.gov. For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2021–06 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: E:\FR\FM\10JNR3.SGM 10JNR3

Agencies

[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Rules and Regulations]
[Pages 31074-31075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11867]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 11, 19, 22, 26, 42, 52, and 53

[FAC 2021-06; Item III; Docket No. FAR-2021-0052; Sequence No. 2]


Federal Acquisition Regulation; Technical Amendments

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document makes amendments to the Federal Acquisition 
Regulation (FAR) in order to make needed editorial changes.

DATES: Effective: July 12, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Lois Mandell, Regulatory 
Secretariat Division (MVCB), at 202-501-4755 or [email protected]. 
Please cite FAC 2021-06, Technical Amendment.

SUPPLEMENTARY INFORMATION: This document makes editorial changes to 48 
CFR parts 11, 19, 22, 26, 42, 52 and 53 of the FAR.

List of Subjects in 48 CFR Parts 11, 19, 22, 26, 42, 52, and 53

    Government procurement.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 11, 19, 22, 26, 
42, 52, and 53 as set forth below:

0
1. The authority citation for 48 CFR parts 11, 19, 22, 26, 42, 52, and 
53 continues to read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 11--DESCRIBING AGENCY NEEDS


11.201   [Amended]

0
2. Amend section 11.201 by removing paragraph (d)(2)(iii).

PART 19--SMALL BUSINESS PROGRAMS


19.102   [Amended]

0
3. Amend section 19.102 by removing from paragraph (a)(2) ``https://www.census.gov/eos/www/naics/'' and adding ``https://www.census.gov/naics/'' in its place.


19.201  [Amended]

0
4. Amend section 19.201 by removing from paragraph (c)(1) ``Director of 
Small'' and adding ``Director of the Office of Small'' in its place.


19.702   [Amended]

0
5. Amend section 19.702 by removing from paragraph (d) ``http://www.acq.osd.mil/osbp/mentor_protege/'' and adding ``https://business.defense.gov/Programs/Mentor-Protege-Program/ '' in its place.


19.812  [Amended]

0
6. Amend section 19.812 by removing from paragraph (a) ``https://pubapp.dcma.mil/CASD/main.jsp'''' and adding ``https://piee.eb.mil/pcm/xhtml/unauth/index.xhtml))'' in its place.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.805   [Amended]

0
7. Amend section 22.805 by removing from paragraph (a)(4)(i) ``https://ofccp.dol-esa.gov/preaward/pa_reg.html'' and adding ``https://www.dol.gov/agencies/ofccp/pre-award/registry'' in its place.

[[Page 31075]]

PART 26--OTHER SOCIOECONOMIC PROGRAMS


26.201   [Amended]

0
8. Amend section 26.201 in the definition ``Major disaster or emergency 
area'' by removing ``http://www.fema.gov/news/disasters.fema'' and 
adding ``https://www.fema.gov/disasters/disaster-declarations'' in its 
place.

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES


42.203  [Amended]

0
9. Amend section 42.203 by removing ``https://pubapp.dcma.mil/CASD/main.jsp'' and adding ``https://piee.eb.mil/pcm/xhtml/unauth/index.xhtml'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
10. Amend section 52.211-2 by--
0
a. Revising the date of the provision;
0
b. Removing from the end of paragraph (a)(2) the semicolon and adding a 
period in its place; and
0
c. Removing paragraph (a)(3).
    The revision reads as follows:


Sec. 52.211-2  Availability of Specifications, Standards, and Data Item 
Descriptions Listed in the Acquisition Streamlining and Standardization 
Information System (ASSIST).

* * * * *

Availability of Specifications, Standards, and Data Item Descriptions 
Listed in the Acquisition Streamlining and Standardization Information 
System (ASSIST) (JUL 2021)

* * * * *

0
11. Amend section 52.212-1 by--
0
a. Revising the date of the clause; and
0
b. Removing paragraph (i)(2)(iii).
    The revision reads as follows:


Sec. 52.212-1  Instructions to Offerors--Commercial Items.

* * * * *

Instructions to Offerors--Commercial Items (JUL 2021)

* * * * *

0
12. Amend section 52.212-5 by--
0
a. Revising the clause heading and the date of the clause;
0
b. Removing from paragraph (b)(51) ``(JUNE 2008)'' and adding ``(FEB 
2021)'' in its place;
0
c. Removing from paragraph (b)(55) ``(JUN 2020)'' and adding ``(FEB 
2021)'' in its place
0
d. Removing from paragraphs (b)(63)(i) and (e)(1)(xxii) ``46 U.S.C. 
Appx. 1241(b)'' and adding ``46 U.S.C. 55305'' in their places, 
respectively; and
0
e. In Alternate II--
0
i. Revising the date of the Alternate; and
0
ii. Removing from paragraph (e)(1)(ii)(U) ``46 U.S.C. Appx. 1241(b)'' 
and adding ``46 U.S.C. 55305'' in its place.
    The revisions read as follows:


Sec. 52.212-5  Contract Terms and Conditions Required To Implement 
Statutes or Executive Orders--Commercial Items.

* * * * *

Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders--Commercial Items (JUL 2021)

* * * * *
Alternate II (JUL 2021). * * *

0
13. Amend section 52.213-4 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(1)(vii) ``(JUN 2008)'' and adding ``(FEB 
2021)'' in its place;
0
c. Removing from paragraph (a)(2)(viii) ``(NOV 2020)'' and adding 
``(JUL 2021)'' in its place; and
0
d. Removing from paragraph (b)(1)(xxi) ``46 U.S.C. App. 1241'' and 
adding ``46 U.S.C. 55305'' in its place.
    The revision reads as follows:


Sec. 52.213-4  Terms and Conditions--Simplified Acquisitions (Other 
Than Commercial Items).

* * * * *

Terms and Conditions--Simplified Acquisitions (Other Than Commercial 
Items) (JUL 2021)

* * * * *

0
14. Amend section 52.222-8 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b)(1) ``http://www.dol.gov/whd/forms/wh347.pdf'' and adding ``https://www.dol.gov/agencies/whd/forms'' in 
its place.
    The revision reads as follows:


Sec. 52.222-8  Payrolls and Basic Records.

* * * * *

Payrolls and Basic Records (JUL 2021)

* * * * *

0
15. Amend section 52.244-6 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c)(1)(xx) ``46 U.S.C. App. 1241'' and 
adding ``46 U.S.C. 55305'' in its place.
    The revision reads as follows:


Sec. 52.244-6  Subcontracts for Commercial Items.

* * * * *

Subcontracts for Commercial Items (JUL 2021)

* * * * *

PART 53--FORMS


Sec. 53.236-2   [Amended]

0
16. Amend section 53.236-2 by removing from the paragraph (b) subject 
heading ``(Rev. 8/2016)'' and adding ``(Rev. JUL 2021)'' in its place.

[FR Doc. 2021-11867 Filed 6-9-21; 8:45 am]
BILLING CODE 6820-EP-P