Federal Acquisition Regulation; Federal Acquisition Circular 2021-07; Introduction, 44228-44229 [2021-16362]
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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
ACTION:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
SUMMARY:
Summary presentation of final
rules.
48 CFR Chapter 1
[Docket No. FAR–2021–0051, Sequence No.
4]
Federal Acquisition Regulation;
Federal Acquisition Circular 2021–07;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
This document summarizes
the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council (Councils) in this Federal
Acquisition Circular (FAC) 2021–07. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC.
The
analyst whose name appears in the table
below in relation to the FAR case. 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:
For effective dates see the
separate documents which follow.
DATES:
RULES LISTED IN FAC 2021–07
Item
Subject
I .........................
II ........................
III .......................
IV ......................
V .......................
Section 508-Based Standards in Information and Communication Technology .....................
Revision of Limitations on Subcontracting ...............................................................................
Scope of Review by Procurement Center Representatives ....................................................
Good Faith in Small Business Subcontracting ........................................................................
Technical Amendments.
The FAC, including the
SECG, is available via the internet at
https://www.regulations.gov.
Item II—Revision of Limitations on
Subcontracting (FAR Case 2016–011)
ADDRESSES:
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
2021–07 amends the FAR as follows:
jbell on DSKJLSW7X2PROD with RULES2
Item I—Section 508-Based Standards in
Information and Communication
Technology (FAR Case 2017–011)
This final rule amends the FAR to
implement the Access Board’s final rule
published January 17, 2017. Section 508
of the Rehabilitation Act of 1973
requires the FAR to incorporate revised
accessibility standards developed by the
Access Board for information and
communication technology (ICT). The
Access Board is also known as the
Architectural and Transportation
Barriers Compliance Board. This rule
ensures that Federal employees with
disabilities have comparable access to,
and use of, such information and data
relative to other Federal employees.
Section 508 also requires Federal
agencies to ensure that members of the
public with disabilities have
comparable access to publicly available
information and data.
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FAR Case
This rule amends the FAR to
implement regulatory changes made by
the Small Business Administration
(SBA) in its final rule published in the
Federal Register at 81 FR 34243, on
May 31, 2016. SBA’s final rule
implements the statutory requirements
of section 1651 of the National Defense
Authorization Act for Fiscal Year 2013.
Section 1651 revised and standardized
the limitations on subcontracting,
including the nonmanufacturer rule,
that apply to small business concerns
under FAR part 19 procurements.
Section 1651 shifts the limitations on
subcontracting from the concept of a
required percentage of work to be
performed by a prime contractor to the
concept of a limit on the percentage of
the overall award amount to be spent by
the prime on subcontractors.
Significantly, section 1651 excludes
from this calculation the percentage of
the award amount that the prime
contractor spends on subcontractors
who are similarly situated entities. This
rule implements the revised and
standardized limitations on
subcontracting through the use of a
single FAR clause for every small
business program, instead of continuing
to implement through multiple FAR
clauses that were specific to a particular
small business program. This rule also
revises the FAR clause implementing
the nonmanufacturer rule to reflect the
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2017–011
2016–011
2020–012
2019–004
Analyst
Jackson.
Uddowla.
Jones.
Bowman.
standardized requirements across all the
small business programs.
This rule may have a positive
economic impact on small businesses.
Through the ability to meet the
limitations by means of subcontracts
with similarly situated entities, this rule
will make it possible for small
businesses to compete for larger
contracts than they could in the past.
Item III—Scope of Review by
Procurement Center Representatives
(FAR Case 2020–012)
This final rule amends the FAR to
implement section 1811 of the National
Defense Authorization Act for Fiscal
Year 2017 (Pub. L. 114–328), as
implemented in the Small Business
Administration (SBA) final rule
published at 84 FR 65647 on November
29, 2019. Section 1811 allows SBA’s
procurement center representatives to
review any solicitation for a contract or
task order, without regard to whether it
is set aside for small business concerns,
or reserved in the case of a multipleaward contract, or whether it would
result in a bundled or consolidated
contract or order.
Item IV—Good Faith in Small Business
Subcontracting (FAR Case 2019–004)
This final rule amends the FAR to
implement section 1821(c) of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2017 (15
U.S.C 637 note, Pub. L. 114–328), as
implemented in the Small Business
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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
Administration (SBA) final rule
published at 84 FR 65647, dated
November 29, 2019.
Specifically, the final FAR rule at
FAR 19.705–7 includes examples of a
good faith effort to comply with the
subcontracting plan, and examples of a
failure to make a good faith effort.
Failure to make a good faith effort to
comply with the plan may result in
assessment of liquidated damages.
Additionally, the final rule amends
the FAR to require that prime
contractors with a commercial
subcontracting plan include indirect
costs in their subcontracting goals.
Previously, prime contractors were
required to include indirect costs in the
summary subcontract report (SSR) but
not in their subcontracting goals, which
led to inconsistencies when comparing
the SSR to the goals in the commercial
subcontracting plan. Including indirect
costs in both the SSR and
subcontracting goals established in the
commercial subcontracting plan will
allow for consistency.
Item V—Technical Amendments
Editorial changes are made at FAR
42.709–1 through 42.709–7, 52.242–3,
and 52.245–1.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
jbell on DSKJLSW7X2PROD with RULES2
Federal Acquisition Circular (FAC)
2021–07 is issued under the authority of
the Secretary of Defense, the
Administrator of General Services, and
the Administrator of National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2021–07 is effective August 11,
2021 except for Items I through V,
which are effective September 10, 2021.
John M. Tenaglia,
Principal Director, Defense Pricing and
Contracting, Department of Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
Karla Smith Jackson,
Assistant Administrator for Procurement,
National Aeronautics and Space
Administration.
[FR Doc. 2021–16362 Filed 8–10–21; 8:45 am]
BILLING CODE 6820–EP–P
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Jkt 253001
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 7, 10, 11, 12 and 39
[FAC 2021–07; FAR Case 2017–011; Item
I; Docket No. FAR–2017–0011, Sequence
No. 1]
RIN 9000–AN46
Federal Acquisition Regulation:
Section 508-Based Standards in
Information and Communication
Technology
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
incorporate recent revisions and
updates to accessibility standards issued
by the U.S. Access Board.
DATES: Effective September 10, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael O. Jackson, Procurement
Analyst, at 202–208–4949, or by email
at michaelo.jackson@gsa.gov for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2021–07, FAR Case 2017–011.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA published a
proposed rule at 85 FR 17831 on March
31, 2020, to implement the U.S. Access
Board’s revisions by strengthening FAR
requirements for accessibility to
electronic and information technology
(now generally referred to as
‘‘information and communication
technology’’ or ‘‘ICT’’) provided by the
Federal Government. Among other
things, section 508 of the Rehabilitation
Act of 1973 mandates that Federal
agencies ‘‘develop, procure, maintain, or
use’’ ICT in a manner that ensures that
Federal employees with disabilities
have comparable access to, and use of,
such information and data relative to
Federal employees who are not
individuals with disabilities. Section
508 also requires Federal agencies to
ensure that members of the public with
disabilities have comparable access to,
and use of, information and data relative
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44229
to members of the public who are not
individuals with disabilities.
The Access Board, also known as the
Architectural and Transportation
Barriers Compliance Board, is tasked
with issuing accessibility standards for
ICT covered under section 508, and
updating these standards periodically to
reflect technological changes. The
Federal Acquisition Regulatory Council,
in turn, is required to revise the FAR to
incorporate the Access Board’s
accessibility standards or any
amendments thereto.
In December 2000, the Access Board
published its initial set of accessibility
standards at 65 FR 80500, (December 21,
2000). Thereafter, a final FAR rule was
published incorporating the Access
Board’s accessibility standards at 66 FR
20894 (April 25, 2001).
The Access Board completed a
multiyear effort to ‘‘refresh’’ its initial,
existing set of accessibility standards
under section 508 to address advances
in ICT, harmonize with accessibility
standards developed by standards
organizations worldwide, and ensure
consistency with the Access Board’s
regulations that had been promulgated
since the late 1990s. The revised section
508 Accessibility Standards support the
access needs of individuals with
disabilities, while also considering the
costs of procuring ICT that complies
with section 508.
The Access Board’s final rule was
published in the Federal Register at 82
FR 5790 on January 18, 2017. This final
rule updates the FAR to ensure that the
updated standards are appropriately
considered in Federal ICT acquisitions.
The final rule includes a ‘‘safe harbor’’
provision for existing (i.e., legacy) ICT,
which considers legacy ICT in existence
on or before January 18, 2018, to be
compliant if it meets the earlier
standard issued pursuant to section 508
of the Rehabilitation Act of 1973 (see
E202.2 of Revised Standards) and the
legacy ICT is not altered after January
18, 2018. In other words, such
‘‘untouched’’ ICT need not be modified
or upgraded to conform to the revised
508 standards as long as it already
conforms to the original 508 standards.
However, ICT acquired on or before
January 18, 2018, will need to be
upgraded or modified to conform to the
new standard if such ICT is altered after
January 18, 2018, or does not comply
with the original 508 standards. In
addition, ICT acquired after January 18,
2018, must be upgraded or modified to
conform to the new standard. The
upgrades and modifications would be
included in requirements documents
issued by the agency.
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[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 44228-44229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16362]
[[Page 44227]]
Vol. 86
Wednesday,
No. 152
August 11, 2021
Part III
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Final Rules
Federal Register / Vol. 86 , No. 152 / Wednesday, August 11, 2021 /
Rules and Regulations
[[Page 44228]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2021-0051, Sequence No. 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2021-07; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rules.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) in this Federal
Acquisition Circular (FAC) 2021-07. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC.
DATES: For effective dates see the separate documents which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to the FAR case. For information pertaining to
status or publication schedules, contact the Regulatory Secretariat
Division at 202-501-4755 or [email protected].
Rules Listed in FAC 2021-07
----------------------------------------------------------------------------------------------------------------
Item Subject FAR Case Analyst
----------------------------------------------------------------------------------------------------------------
I................................ Section 508-Based Standards 2017-011 Jackson.
in Information and
Communication Technology.
II............................... Revision of Limitations on 2016-011 Uddowla.
Subcontracting.
III.............................. Scope of Review by 2020-012 Jones.
Procurement Center
Representatives.
IV............................... Good Faith in Small Business 2019-004 Bowman.
Subcontracting.
V................................ 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 2021-07 amends the FAR as follows:
Item I--Section 508-Based Standards in Information and Communication
Technology (FAR Case 2017-011)
This final rule amends the FAR to implement the Access Board's
final rule published January 17, 2017. Section 508 of the
Rehabilitation Act of 1973 requires the FAR to incorporate revised
accessibility standards developed by the Access Board for information
and communication technology (ICT). The Access Board is also known as
the Architectural and Transportation Barriers Compliance Board. This
rule ensures that Federal employees with disabilities have comparable
access to, and use of, such information and data relative to other
Federal employees. Section 508 also requires Federal agencies to ensure
that members of the public with disabilities have comparable access to
publicly available information and data.
Item II--Revision of Limitations on Subcontracting (FAR Case 2016-011)
This rule amends the FAR to implement regulatory changes made by
the Small Business Administration (SBA) in its final rule published in
the Federal Register at 81 FR 34243, on May 31, 2016. SBA's final rule
implements the statutory requirements of section 1651 of the National
Defense Authorization Act for Fiscal Year 2013. Section 1651 revised
and standardized the limitations on subcontracting, including the
nonmanufacturer rule, that apply to small business concerns under FAR
part 19 procurements. Section 1651 shifts the limitations on
subcontracting from the concept of a required percentage of work to be
performed by a prime contractor to the concept of a limit on the
percentage of the overall award amount to be spent by the prime on
subcontractors. Significantly, section 1651 excludes from this
calculation the percentage of the award amount that the prime
contractor spends on subcontractors who are similarly situated
entities. This rule implements the revised and standardized limitations
on subcontracting through the use of a single FAR clause for every
small business program, instead of continuing to implement through
multiple FAR clauses that were specific to a particular small business
program. This rule also revises the FAR clause implementing the
nonmanufacturer rule to reflect the standardized requirements across
all the small business programs.
This rule may have a positive economic impact on small businesses.
Through the ability to meet the limitations by means of subcontracts
with similarly situated entities, this rule will make it possible for
small businesses to compete for larger contracts than they could in the
past.
Item III--Scope of Review by Procurement Center Representatives (FAR
Case 2020-012)
This final rule amends the FAR to implement section 1811 of the
National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-
328), as implemented in the Small Business Administration (SBA) final
rule published at 84 FR 65647 on November 29, 2019. Section 1811 allows
SBA's procurement center representatives to review any solicitation for
a contract or task order, without regard to whether it is set aside for
small business concerns, or reserved in the case of a multiple-award
contract, or whether it would result in a bundled or consolidated
contract or order.
Item IV--Good Faith in Small Business Subcontracting (FAR Case 2019-
004)
This final rule amends the FAR to implement section 1821(c) of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (15
U.S.C 637 note, Pub. L. 114-328), as implemented in the Small Business
[[Page 44229]]
Administration (SBA) final rule published at 84 FR 65647, dated
November 29, 2019.
Specifically, the final FAR rule at FAR 19.705-7 includes examples
of a good faith effort to comply with the subcontracting plan, and
examples of a failure to make a good faith effort. Failure to make a
good faith effort to comply with the plan may result in assessment of
liquidated damages.
Additionally, the final rule amends the FAR to require that prime
contractors with a commercial subcontracting plan include indirect
costs in their subcontracting goals. Previously, prime contractors were
required to include indirect costs in the summary subcontract report
(SSR) but not in their subcontracting goals, which led to
inconsistencies when comparing the SSR to the goals in the commercial
subcontracting plan. Including indirect costs in both the SSR and
subcontracting goals established in the commercial subcontracting plan
will allow for consistency.
Item V--Technical Amendments
Editorial changes are made at FAR 42.709-1 through 42.709-7,
52.242-3, and 52.245-1.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2021-07 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator of National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2021-07 is
effective August 11, 2021 except for Items I through V, which are
effective September 10, 2021.
John M. Tenaglia,
Principal Director, Defense Pricing and Contracting, Department of
Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition
Policy, U.S. General Services Administration.
Karla Smith Jackson,
Assistant Administrator for Procurement, National Aeronautics and
Space Administration.
[FR Doc. 2021-16362 Filed 8-10-21; 8:45 am]
BILLING CODE 6820-EP-P
