Federal Acquisition Regulation; Technical Amendments, 58243-58244 [2022-20345]

Download as PDF Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 / Rules and Regulations 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ll.] * * * * * ■ 14. Amend section 52.219–28 by revising the date of the clause and paragraphs (h)(4) and (5) to read as follows: 52.219–28 Post-Award Small Business Program Rerepresentation. * * * * * * * * * (h) * * * (4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it b is, b is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture:ll .] (5) Economically disadvantaged womenowned small business (EDWOSB) joint venture. The Contractor represents that it b is, b is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture:ll .] * * * * * 15. Amend section 52.219–29 by revising the date of the clause, paragraphs (a) and (c), and the paragraph (d) subject heading to read as follows: ■ 52.219–29 Notice of Set-Aside for, or SoleSource Award to, Economically Disadvantaged Women-Owned Small Business Concerns. * * * * * Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) lotter on DSK11XQN23PROD with RULES3 (a) Definition. Economically disadvantaged women-owned small business (EDWOSB) concern, as used in this clause, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and is certified pursuant to 13 CFR 127.300 as an EDWOSB. It automatically qualifies as a women-owned small business (WOSB) concern eligible under the WOSB Program. * * * * * (c) General. (1) For EDWOSB set-aside procurements, offers are solicited only from certified EDWOSB concerns or EDWOSB concerns with a pending application for certification in the Dynamic Small Business Search (DSBS). VerDate Sep<11>2014 18:23 Sep 22, 2022 Jkt 256001 DEPARTMENT OF DEFENSE 16. Amend section 52.219–30 by revising the date of the clause, paragraphs (a) and (c), and the paragraph (d) subject heading to read as follows: Federal Acquisition Regulation; Technical Amendments ■ Post-Award Small Business Program Rerepresentation (Oct 2022) * (2) For EDWOSB sole-source awards, offers are solicited only from certified EDWOSB concerns. (3) Offers received from other concerns will not be considered. (4) Any award resulting from this solicitation will be made to a certified EDWOSB concern. (d) Joint venture.* * * * * * * * 52.219–30 Notice of Set-Aside for, or SoleSource Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program. * * * * * Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (a) Definition. Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), as used in this clause, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300 as a WOSB. A certified EDWOSB is automatically eligible as a certified WOSB. * * * * * (c) General. (1) For WOSB set-aside procurements, offers are solicited only from certified WOSB concerns eligible under the WOSB Program or WOSB concerns with a pending application for certification status in the Dynamic Small Business Search (DSBS). (2) For WOSB sole-source awards, offers are solicited only from certified WOSB concerns. (3) Offers received from other concerns shall not be considered. (4) Any award resulting from this solicitation will be made to a certified WOSB concern eligible under the WOSB Program. (d) Joint venture. * * * * * * * * [FR Doc. 2022–20343 Filed 9–22–22; 8:45 am] BILLING CODE 6820–EP–P PO 00000 58243 GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 4 and 19 [FAC 2022–08; Item V; Docket No. FAR– 2022–0052; Sequence No. 3] Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: This document makes amendments to the Federal Acquisition Regulation (FAR) in order to address an internal administrative action. DATES: Effective September 23, 2022. FOR FURTHER INFORMATION CONTACT: Ms. Lois Mandell, Regulatory Secretariat Division (MVCB), at 202–501–4755 or GSARegSec@gsa.gov. Please cite FAC 2022–08, Technical Amendments. SUPPLEMENTARY INFORMATION: This document makes administrative changes to 48 CFR parts 4 and 19. The date change is to provide additional time to implement the policy addressing the assignment of North American Industry Classification System codes to orders placed under multiple award contracts, as covered by changes made by FAR Case 2014–002 Set-Asides Under Multiple Award Contracts, 85 FR 11746. SUMMARY: List of Subjects in 48 CFR Parts 4 and 19 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 4 and 19 as set forth below: ■ 1. The authority citation for 48 CFR parts 4 and 19 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 4—ADMINISTRATIVE AND INFORMATION MATTERS 4.1202 [Amended] 2. Amend section 4.1202 by removing from paragraph (a) introductory text the date ‘‘October 1, 2022’’ and adding the date ‘‘October 1, 2025’’ in its place. ■ Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\23SER3.SGM 23SER3 58244 Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 / Rules and Regulations PART 19—SMALL BUSINESS PROGRAMS 19.102 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION [Amended] 3. Amend section 19.102 by removing from paragraphs (b)(2)(i) and (b)(2)(ii) introductory text the date ‘‘October 1, 2022’’ and adding the date ‘‘October 1, 2025’’ in their places, respectively. ■ 19.309 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket No. FAR–2022–0051, Sequence No. 5] [Amended] 4. Amend section 19.309 by removing from paragraphs (a)(3) and (c)(2) the date ‘‘October 1, 2022’’ and adding the date ‘‘October 1, 2025’’ in their places, respectively. ■ [FR Doc. 2022–20345 Filed 9–22–22; 8:45 am] BILLING CODE 6820–EP–P Federal Acquisition Regulation; Federal Acquisition Circular 2022–08; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide (SECG). AGENCY: This document is issued under the joint authority of DoD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in SUMMARY: 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) 2022–08, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2022–08, which precedes this document. DATES: September 23, 2022. ADDRESSES: The FAC, including the SECG, is available at https:// www.regulations.gov. For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2022–08 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: RULES LISTED IN FAC 2022–08 Item Subject * I ........................................................ * II ....................................................... * III ...................................................... * IV ...................................................... V ......................................................... Policy on Joint Ventures ............................................................................... Construction Contract Administration ........................................................... Update of Historically Underutilized Business Zone Program ..................... Certification of Women-Owned Small Business ........................................... 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 2022–08 amends the FAR as follows: lotter on DSK11XQN23PROD with RULES3 Item I—Policy on Joint Ventures (FAR Case 2017–019) This final rule amends the Federal Acquisition Regulation (FAR) to align with the Small Business Administration (SBA) regulations regarding mentorprote´ge´ joint ventures and to provide clarification regarding joint ventures under the 8(a) Program. The changes will allow mentor-prote´ge´ joint ventures to qualify as small businesses, or to qualify under a socioeconomic program for the purposes of participation in procurements under FAR part 19. In addition, this rule provides consistent guidance to contracting officers on how to handle joint ventures under the 8(a) Program and the small business socioeconomic programs. VerDate Sep<11>2014 20:02 Sep 22, 2022 Jkt 256001 FAR case Item II—Construction Contract Administration (FAR Case 2018–020) This final rule amends the FAR to implement section 855 of the of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115—232), codified at 15 U.S.C. 644(w) in the Small Business Act. Section 855 requires Federal agencies to provide a notice, along with solicitations for construction contracts anticipated to be awarded to small businesses, to prospective offerors that includes information about the agency’s policies or practices in complying with FAR requirements related to the timely definitization of requests for equitable adjustment on construction contracts. The notice must include data regarding the time it took the agency to definitize requests for equitable adjustment on construction contracts for the three-year period preceding the issuance of the notice. The final FAR rule requires contracting officers to transmit in the solicitation notice on the Governmentwide point of entry information in construction solicitations anticipated to be awarded to a small PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 2017–019 2018–020 2019–007 2020–013 Analyst Jones. Bowman. Jones. Jones. business pursuant to part 19, that includes a description of agencyspecific policies or procedures regarding definitization of equitable adjustments for change orders under construction contracts. Additionally, agencies are required to include past performance data in the solicitation notice, for the three fiscal years preceding the issuance of the solicitation notice, regarding the time required to definitize equitable adjustments for change orders under construction contracts using the table format provided in the FAR text, or provide the address of an agencyspecific, publicly accessible website containing this information. The final rule also describes an adequate change order definitization proposal as containing sufficient information to enable the contracting officer to conduct meaningful analyses and audits of the information contained in the proposal. Item III—Update of Historically Underutilized Business Zone Program (FAR Case 2019–007) This final rule amends the FAR to implement changes to the SBA regulations for the Historically E:\FR\FM\23SER3.SGM 23SER3

Agencies

[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Rules and Regulations]
[Pages 58243-58244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20345]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4 and 19

[FAC 2022-08; Item V; Docket No. FAR-2022-0052; Sequence No. 3]


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 address an internal administrative action.

DATES: Effective September 23, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Lois Mandell, Regulatory 
Secretariat Division (MVCB), at 202-501-4755 or [email protected]. 
Please cite FAC 2022-08, Technical Amendments.

SUPPLEMENTARY INFORMATION: This document makes administrative changes 
to 48 CFR parts 4 and 19. The date change is to provide additional time 
to implement the policy addressing the assignment of North American 
Industry Classification System codes to orders placed under multiple 
award contracts, as covered by changes made by FAR Case 2014-002 Set-
Asides Under Multiple Award Contracts, 85 FR 11746.

List of Subjects in 48 CFR Parts 4 and 19

    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 4 and 19 as set 
forth below:

0
1. The authority citation for 48 CFR parts 4 and 19 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 4--ADMINISTRATIVE AND INFORMATION MATTERS


4.1202   [Amended]

0
2. Amend section 4.1202 by removing from paragraph (a) introductory 
text the date ``October 1, 2022'' and adding the date ``October 1, 
2025'' in its place.

[[Page 58244]]

PART 19--SMALL BUSINESS PROGRAMS


19.102  [Amended]

0
3. Amend section 19.102 by removing from paragraphs (b)(2)(i) and 
(b)(2)(ii) introductory text the date ``October 1, 2022'' and adding 
the date ``October 1, 2025'' in their places, respectively.


19.309   [Amended]

0
4. Amend section 19.309 by removing from paragraphs (a)(3) and (c)(2) 
the date ``October 1, 2022'' and adding the date ``October 1, 2025'' in 
their places, respectively.

[FR Doc. 2022-20345 Filed 9-22-22; 8:45 am]
BILLING CODE 6820-EP-P

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