Federal Acquisition Regulation; Federal Acquisition Circular 2023-01; Small Entity Compliance Guide, 73889-73890 [2022-25962]
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73889
Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / Rules and Regulations
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
Karla Smith Jackson,
Assistant Administrator for Procurement,
Senior Procurement Executive, National
Aeronautics and Space Administration.
[FR Doc. 2022–25957 Filed 11–30–22; 8:45 am]
BILLING CODE 6820–EP–P
1. The authority citation for 48 CFR
parts 17 and 53 continues to read as
follows:
■
DEPARTMENT OF DEFENSE
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 4 and 10 U.S.C. chapter 137 legacy
provisions (see 10 U.S.C. 3016); and 51
U.S.C. 20113.
PART 17—SPECIAL CONTRACTING
METHODS
DEPARTMENT OF DEFENSE
17.701
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 17 and 53
[FAC 2023–01; Item IV; Docket No. FAR–
2022–0052; Sequence No. 4]
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2022–0051, Sequence No.
6]
[Amended]
2. Amend section 17.701 in the
introductory text of the definition of
‘‘Nondefense agency that is an element
of the intelligence community’’ by
removing the phrase ‘‘50 U.S.C.
401a(4)’’ and adding the phrase ‘‘50
U.S.C. 3003(4)’’ in its place.
Federal Acquisition Regulation;
Federal Acquisition Circular 2023–01;
Small Entity Compliance Guide
PART 53—FORMS
ACTION:
■
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
GENERAL SERVICES
ADMINISTRATION
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
Small Entity Compliance Guide
(SECG).
Federal Acquisition Regulation;
Technical Amendments
3. Amend section 53.300, in Table 53–
1 in paragraph (a), by revising the entry
for ‘‘SF 273’’ to read as follows:
■
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 make
needed editorial changes.
DATES: Effective: December 30, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Lois Mandell, Regulatory Secretariat
Division (MVCB), at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2023–01, Technical Amendments.
SUPPLEMENTARY INFORMATION: This
document makes editorial changes to 48
CFR parts 17 and 53.
53.300 Listing of Standard, Optional, and
Agency forms.
*
SUMMARY:
List of Subjects in 48 CFR Parts 17 and
53
Government procurement.
*
*
(a) * * *
*
*
TABLE 53–1—FORMS IN THE GSA
FORMS LIBRARY
Form No.
Form title
*
*
*
*
*
SF 273 ..... Reinsurance Agreement for a
Bonds Statute Performance
Bond.
*
*
*
*
*
*
*
*
*
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)
2023–01, which amends the Federal
Acquisition Regulation (FAR).
Interested parties may obtain further
information regarding these rules by
referring to FAC 2023–01, which
precedes this document.
SUMMARY:
DATES:
December 1, 2022.
The FAC, including the
SECG, is available at https://
www.regulations.gov.
ADDRESSES:
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2023–01 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:
*
[FR Doc. 2022–25961 Filed 11–30–22; 8:45 am]
BILLING CODE 6820–EP–P
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 17 and 53 as set
forth below:
khammond on DSKJM1Z7X2PROD with RULES3
RULES LISTED IN FAC 2023–01
Item
Subject
I ..........................................
*II ........................................
*III .......................................
IV ........................................
Updates to Title 10 Citations ....................................................................................
Effective Communication Between Government and Industry .................................
United States-Mexico-Canada Agreement ...............................................................
Technical Amendments.
SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
VerDate Sep<11>2014
17:56 Nov 30, 2022
Jkt 259001
FAR case
For the actual revisions and/or
amendments made by these FAR rules,
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
2022–005
2016–005
2020–014
Analyst
Moore.
Jackson.
Jackson.
refer to the specific item numbers and
subjects set forth in the documents
E:\FR\FM\01DER3.SGM
01DER3
73890
Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / Rules and Regulations
following these item summaries. FAC
2023–01 amends the FAR as follows:
Item I—Update to Title 10 Citations
(FAR Case 2022–005)
This final rule amends the Federal
Acquisition Regulation to update
statutory references to Title 10 of the
United States Code, which were revised
by Title XVIII of the William M. (Mac)
Thornberry National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2021 (Pub. L. 116–283),
Transfer and Reorganization of Defense
Acquisition Statutes, and Title XVII of
the NDAA for FY 2022 (Pub. L. 117–81),
Technical Amendments Related to the
Transfer and Reorganization of Defense
Acquisition Statutes. The final rule will
not have a significant economic impact
on a substantial number of small entities
because it simply updates statutory
references in existing regulations.
Item II—Effective Communication
between Government and Industry
(FAR Case 2016–005)
khammond on DSKJM1Z7X2PROD with RULES3
This final rule implements the United
States-Mexico-Canada Agreement
Implementation Act (Pub. L. 116–113).
The rule makes changes in the FAR to
conform to Chapter 13 of the United
States-Mexico-Canada Agreement
(USMCA), which sets forth certain
obligations between the United States
and Mexico with respect to Government
procurement of goods and services, as
specified in Annex 13–A of the USMCA.
Chapter 13 of the USMCA applies only
between Mexico and the United States
and does not cover Canada. Although
Canada is still a designated country
under the World Trade Organization
Government Procurement Agreement,
Jkt 259001
Administrative changes are made at
FAR 17.701, and 53.300.
William F. Clark,
Director, Office of Government-Wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-Wide Policy.
BILLING CODE 6820–EP–P
Item III—United States-Mexico-Canada
Agreement (FAR Case 2020–014)
17:56 Nov 30, 2022
Item IV—Technical Amendments
[FR Doc. 2022–25962 Filed 11–30–22; 8:45 am]
This final rule amends the FAR to
implement section 887 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2016 (Pub. L. 114–92).
This rule clarifies that agency
acquisition personnel are permitted and
encouraged to engage in responsible and
constructive exchanges with industry,
so long as those exchanges are
consistent with existing laws and
regulations, and do not promote an
unfair competitive advantage to
particular firms.
DoD, GSA, and NASA do not expect
this final rule to have a significant
economic impact on a substantial
number of small entities. Any effect to
small businesses should be positive.
Small businesses will benefit from
better communication with the
Government.
VerDate Sep<11>2014
Canada is no longer a Free Trade
Agreement country. Therefore,
references to Canada as a Free Trade
Agreement country in the FAR are
deleted, including the $25,000
threshold. DoD, GSA, and NASA do not
expect this rule to have a significant
economic impact on a substantial
number of small entities. The effect on
contracting officers is expected to be
minimal as they will continue to apply
the rule implementing the USMCA to
contracts to which the North American
Free Trade Agreement (NAFTA)
applied, at the higher threshold for
Mexico.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 4, 13, 18, 22, 25, 27, and
52
[FAC 2023–01; FAR Case 2020–014; Item
III; Docket No. FAR–2020–0014; Sequence
No. 1]
RIN 9000–AO14
GSARegSec@gsa.gov. Please cite FAC
2023–01, FAR Case 2020–014.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a
proposed rule at 86 FR 70808 on
December 13, 2021, to implement the
United States-Mexico-Canada
Agreement Implementation Act (Pub. L.
116–113). On June 12, 2017, the
President announced his intention to
commence negotiations with Canada
and Mexico to modernize the North
American Free Trade Agreement
(NAFTA). On November 30, 2018, the
Governments of the United States,
Mexico, and Canada (the Parties) signed
the protocol replacing NAFTA with the
United States-Mexico-Canada
Agreement (USMCA). On December 10,
2019, the Parties signed the protocol of
amendment to the USMCA. On January
29, 2020, the President signed into law
the United States-Mexico-Canada
Agreement Implementation Act, through
which Congress approved the USMCA.
On July 1, 2020, the USMCA entered
into full force. (See U.S. Trade
Representative Determination published
June 29, 2020, 85 FR 39037.) Although
Canada is still a designated country
under the World Trade Organization
Government Procurement Agreement,
Canada is no longer a Free Trade
Agreement country, because chapter 13
of the USMCA (government
procurement) applies only to the United
States and Mexico. Therefore, references
to Canada as a Free Trade Agreement
country are deleted, including the
$25,000 threshold. Mexico thresholds
remain unchanged.
Federal Acquisition Regulation: United
States-Mexico-Canada Agreement
There were no comments submitted
on the proposed rule.
AGENCY:
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
II. Discussion and Analysis
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
implement the United States-MexicoCanada Agreement Implementation Act.
DATES: Effective December 30, 2022.
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
There were no public comments for
the Civilian Agency Acquisition Council
and the Defense Acquisition Regulations
Council (the Councils) to review.
Therefore, there are no changes in the
final rule from the proposed, except for
baseline updates. The baseline updates
include changes made in FAC 2022–03,
FAR case 2022–001, Trade Agreements
Thresholds, to incorporate the revised
thresholds for application of the World
Trade Organization Government
Procurement Agreement and the Free
Trade Agreements, as determined by the
United States Trade Representative,
effective on January 1, 2022. The final
rule also includes baseline updates
published in FAC 2022–05 for FAR case
2021–008, effective on October 25, 2022.
SUMMARY:
PO 00000
Frm 00004
Fmt 4701
Sfmt 4700
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]]>Agencies
[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Rules and Regulations]
[Pages 73889-73890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25962]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2022-0051, Sequence No. 6]
Federal Acquisition Regulation; Federal Acquisition Circular
2023-01; 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) 2023-01, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding these rules by referring to FAC 2023-01,
which precedes this document.
DATES: December 1, 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
2023-01 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 2023-01
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
I...................................... Updates to Title 10 2022-005 Moore.
Citations.
*II.................................... Effective Communication 2016-005 Jackson.
Between Government and
Industry.
*III................................... United States-Mexico- 2020-014 Jackson.
Canada Agreement.
IV..................................... 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
[[Page 73890]]
following these item summaries. FAC 2023-01 amends the FAR as follows:
Item I--Update to Title 10 Citations (FAR Case 2022-005)
This final rule amends the Federal Acquisition Regulation to update
statutory references to Title 10 of the United States Code, which were
revised by Title XVIII of the William M. (Mac) Thornberry National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L.
116-283), Transfer and Reorganization of Defense Acquisition Statutes,
and Title XVII of the NDAA for FY 2022 (Pub. L. 117-81), Technical
Amendments Related to the Transfer and Reorganization of Defense
Acquisition Statutes. The final rule will not have a significant
economic impact on a substantial number of small entities because it
simply updates statutory references in existing regulations.
Item II--Effective Communication between Government and Industry (FAR
Case 2016-005)
This final rule amends the FAR to implement section 887 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016
(Pub. L. 114-92). This rule clarifies that agency acquisition personnel
are permitted and encouraged to engage in responsible and constructive
exchanges with industry, so long as those exchanges are consistent with
existing laws and regulations, and do not promote an unfair competitive
advantage to particular firms.
DoD, GSA, and NASA do not expect this final rule to have a
significant economic impact on a substantial number of small entities.
Any effect to small businesses should be positive. Small businesses
will benefit from better communication with the Government.
Item III--United States-Mexico-Canada Agreement (FAR Case 2020-014)
This final rule implements the United States-Mexico-Canada
Agreement Implementation Act (Pub. L. 116-113). The rule makes changes
in the FAR to conform to Chapter 13 of the United States-Mexico-Canada
Agreement (USMCA), which sets forth certain obligations between the
United States and Mexico with respect to Government procurement of
goods and services, as specified in Annex 13-A of the USMCA. Chapter 13
of the USMCA applies only between Mexico and the United States and does
not cover Canada. Although Canada is still a designated country under
the World Trade Organization Government Procurement Agreement, Canada
is no longer a Free Trade Agreement country. Therefore, references to
Canada as a Free Trade Agreement country in the FAR are deleted,
including the $25,000 threshold. DoD, GSA, and NASA do not expect this
rule to have a significant economic impact on a substantial number of
small entities. The effect on contracting officers is expected to be
minimal as they will continue to apply the rule implementing the USMCA
to contracts to which the North American Free Trade Agreement (NAFTA)
applied, at the higher threshold for Mexico.
Item IV--Technical Amendments
Administrative changes are made at FAR 17.701, and 53.300.
William F. Clark,
Director, Office of Government-Wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-Wide Policy.
[FR Doc. 2022-25962 Filed 11-30-22; 8:45 am]
BILLING CODE 6820-EP-P
