Federal Acquisition Regulation; Federal Acquisition Circular 2022-08; Small Entity Compliance Guide, 58244-58245 [2022-20346]
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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
Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 / Rules and Regulations
Underutilized Business Zone
(HUBZone) Program. This rule specifies
that SBA now certifies HUBZone small
business concerns and HUBZone
entities are no longer required to
represent their HUBZone status with
each offer. In addition, contracting
officers may now award HUBZone setaside and sole-source contracts at or
below the simplified acquisition
threshold. This rule also makes minor
changes to the HUBZone protest
procedures.
lotter on DSK11XQN23PROD with RULES3
Item IV—Certification of WomenOwned Small Businesses (FAR Case
2020–013)
This final rule amends the FAR to
align with SBA’s regulations regarding
certification of economically
VerDate Sep<11>2014
18:23 Sep 22, 2022
Jkt 256001
disadvantaged women-owned small
business (EDWOSB) concerns and
women-owned small business (WOSB)
concerns. This rule requires EDWOSBs
and WOSBs participating in the
Women-Owned Small Business Program
(the Program) to apply for certification
through SBA or a SBA-approved thirdparty certifier to be eligible for WOSB or
EDWOSB set-aside or sole-source
contracts. EDWOSB and WOSB
concerns that are not certified will not
be eligible for set-aside and sole-source
contracts under the Program. WOSBs
that do not participate in the Program
may continue to represent their status,
be awarded contracts outside the
Program, and these contracts will
continue to count toward an agency’s
goal for awards to WOSBs.
PO 00000
Frm 00029
Fmt 4701
Sfmt 9990
58245
Item V—Technical Amendments
Administrative changes are made at
FAR 4.1202, 19.102, and 19.309. 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.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2022–20346 Filed 9–22–22; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\23SER3.SGM
23SER3
]]>Agencies
[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Rules and Regulations]
[Pages 58244-58245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20346]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2022-0051, Sequence No. 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2022-08; 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 (SECG).
-----------------------------------------------------------------------
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) 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 FURTHER INFORMATION CONTACT: 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 [email protected]. An asterisk (*) next to a rule
indicates that a regulatory flexibility analysis has been prepared.
Rules Listed in FAC 2022-08
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
* I.................................... Policy on Joint Ventures...... 2017-019 Jones.
* II................................... Construction Contract 2018-020 Bowman.
Administration.
* III.................................. Update of Historically 2019-007 Jones.
Underutilized Business Zone
Program.
* IV................................... Certification of Women-Owned 2020-013 Jones.
Small Business.
V...................................... 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:
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 mentor-prot[eacute]g[eacute] joint ventures and to provide
clarification regarding joint ventures under the 8(a) Program. The
changes will allow mentor-prot[eacute]g[eacute] 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.
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
business pursuant to part 19, that includes a description of agency-
specific 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 agency-specific, 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
[[Page 58245]]
Underutilized Business Zone (HUBZone) Program. This rule specifies that
SBA now certifies HUBZone small business concerns and HUBZone entities
are no longer required to represent their HUBZone status with each
offer. In addition, contracting officers may now award HUBZone set-
aside and sole-source contracts at or below the simplified acquisition
threshold. This rule also makes minor changes to the HUBZone protest
procedures.
Item IV--Certification of Women-Owned Small Businesses (FAR Case 2020-
013)
This final rule amends the FAR to align with SBA's regulations
regarding certification of economically disadvantaged women-owned small
business (EDWOSB) concerns and women-owned small business (WOSB)
concerns. This rule requires EDWOSBs and WOSBs participating in the
Women-Owned Small Business Program (the Program) to apply for
certification through SBA or a SBA-approved third-party certifier to be
eligible for WOSB or EDWOSB set-aside or sole-source contracts. EDWOSB
and WOSB concerns that are not certified will not be eligible for set-
aside and sole-source contracts under the Program. WOSBs that do not
participate in the Program may continue to represent their status, be
awarded contracts outside the Program, and these contracts will
continue to count toward an agency's goal for awards to WOSBs.
Item V--Technical Amendments
Administrative changes are made at FAR 4.1202, 19.102, and 19.309.
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.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2022-20346 Filed 9-22-22; 8:45 am]
BILLING CODE 6820-EP-P
