Federal Acquisition Regulation; Federal Acquisition Circular 2021-07; Small Entity Compliance Guide, 44255-44256 [2021-16368]
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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
other services purchased from a
municipality or an entity solely
authorized by the municipality to
provide those services in a particular
geographical region; and philanthropic
contributions;
*
*
*
*
*
10. Amend 52.219–16 by—
■ a. Revising the date of the clause; and
■ b. In paragraph (b) in the second
sentence removing the phrase ‘‘plan,
established’’ and adding ‘‘plan (see
19.705–7), established’’ in its place.
The revision reads as follows:
■
52.219–16 Liquidated Damages—
Subcontracting Plan.
*
*
*
*
List of Subjects in 48 CFR Parts 42 and
52
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 42 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 42 and 52 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 42—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
*
Liquidated Damages—Subcontracting
Plan (SEP 2021)
42.709–0 through 42.709–6 [Redesignated
as 42.709–1 through 42.709–7]
*
■
*
*
*
2. Redesignate sections 42.709–0
through 42.709–6 as sections 42.709–1
through 42.709–7.
*
[FR Doc. 2021–16366 Filed 8–10–21; 8:45 am]
BILLING CODE P
42.709–3
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 42 and 52
[FAC 2021–07; Item V; Docket No. FAR–
2021–0052; Sequence No. 3]
42.709–4
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
Final rule.
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
needed editorial changes.
SUMMARY:
DATES:
Effective September 10, 2021.
Ms.
Lois Mandell, Regulatory Secretariat
Division (MVCB), at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2021–07, Technical Amendments.
jbell on DSKJLSW7X2PROD with RULES2
FOR FURTHER INFORMATION CONTACT:
This
document makes editorial changes to 48
CFR parts 42 and 52.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
23:19 Aug 10, 2021
Jkt 253001
[Amended]
4. Amend newly designated section
42.709–4 by—
■ a. In the introductory text removing
‘‘42.709–5’’ and adding ‘‘42.709–6’’ in
its place;
■ b. In paragraph (a) removing ‘‘42.709–
1(a)(1)’’ and adding ‘‘42.709–2(a)(1)’’ in
its place; and
■ c. In paragraph (b) introductory text
removing ‘‘42.709–1(a)(2)’’ and adding
‘‘42.709–2(a)(2)’’ in its place.
42.709–5
5. Amend newly designated section
42.709–5 by removing from the
introductory text ‘‘42.709–1(a)(1)(ii)’’
and adding ‘‘42.709–2(a)(1)(ii)’’ in its
place.
[Amended]
6. Amend newly designated section
42.709–6 by—
■ a. In the introductory text removing
‘‘42.709–1(a)’’ and adding ‘‘42.709–2(a)’’
in its place; and
■ b. In paragraph (b) removing
‘‘42.709(b)’’ and adding ‘‘42.709–1(b)’’
in its place.
■
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Frm 00029
Fmt 4701
7. Amend section 52.242–3 by—
a. Removing from the prescription text
‘‘42.709–6’’ and adding ‘‘42.709–7’’ in
its place;
■ b. Revising the date of the clause;
■ c. Removing from paragraph (c)
‘‘Subpart’’ and adding ‘‘subpart’’ in its
place; and
■ d. Removing from paragraph (g)
‘‘42.709–5’’ and adding ‘‘42.709–6’’ in
its place.
The revision reads as follows:
■
■
52.242–3
*
*
Penalties for Unallowable Costs.
*
*
*
Penalties for Unallowable Costs (SEP
2021)
*
*
*
*
*
8. Amend section 52.245–1 by—
a. Revising the date of clause; and
b. Removing paragraphs (j)(2)(iii)(A)
through (G).
The revision reads as follows:
■
■
■
*
*
Government Property.
*
*
*
Government Property (SEP 2021)
*
*
*
*
*
[FR Doc. 2021–16367 Filed 8–10–21; 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–2021–0051, Sequence
No. 4]
Federal Acquisition Regulation;
Federal Acquisition Circular 2021–07;
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:
[Amended]
■
42.709–6
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
52.245–1
■
Federal Acquisition Regulation;
Technical Amendments
ACTION:
[Amended]
3. Amend newly redesignated section
42.709–3 by—
■ a. In paragraph (a)(1) removing
‘‘42.709–1(a)’’ and adding ‘‘42.709–2(a)’’
in its place;
■ b. In paragraph (a)(2) removing
‘‘42.709–5’’ and adding ‘‘42.709–6’’ in
its place; and
■ c. In paragraph (b)(1) removing
‘‘42.709–1(a)’’ and adding ‘‘42.709–2(a)’’
in its place.
■
DEPARTMENT OF DEFENSE
44255
Sfmt 4700
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)
2021–07, which amends the Federal
Acquisition Regulation (FAR).
SUMMARY:
E:\FR\FM\11AUR2.SGM
11AUR2
44256
Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
Interested parties may obtain further
information regarding these rules by
referring to FAC 2021–07, which
precedes this document.
DATES:
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 2021–07 and the
ADDRESSES:
August 11, 2021.
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.
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.
SUPPLEM ENTARY 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.
jbell on DSKJLSW7X2PROD with RULES2
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
VerDate Sep<11>2014
23:19 Aug 10, 2021
Jkt 253001
FAR Case
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 multipleaward contract, or whether it would
PO 00000
Frm 00030
Fmt 4701
Sfmt 9990
2017–011
2016–011
2020–012
2019–004
Analyst
Jackson.
Uddowla.
Jones.
Bowman.
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
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.
[FR Doc. 2021–16368 Filed 8–10–21; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\11AUR2.SGM
11AUR2
]]>Agencies
[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 44255-44256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16368]
-----------------------------------------------------------------------
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; 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) 2021-07, which amends
the Federal Acquisition Regulation (FAR).
[[Page 44256]]
Interested parties may obtain further information regarding these rules
by referring to FAC 2021-07, which precedes this document.
DATES: August 11, 2021.
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
2021-07 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]. An asterisk (*) next to a rule
indicates that a regulatory flexibility analysis has been prepared.
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........
----------------------------------------------------------------------------------------------------------------
SUPPLEM ENTARY 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
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.
[FR Doc. 2021-16368 Filed 8-10-21; 8:45 am]
BILLING CODE 6820-EP-P
