Federal Acquisition Regulation; Federal Acquisition Circular 2023-02; Small Entity Compliance Guide, 9739-9740 [2023-02429]
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9739
Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Rules and Regulations
52.219–18 Notification of Competition
Limited to Eligible 8(a) Participants.
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Alternate I (MAR 2023)
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■ 18. Amend section 52.219–28 by—
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (e)
introductory text the phrase ‘‘500
employees’’ and adding ‘‘500
employees, or 150 employees for
information technology value-added
resellers under NAICS code 541519,’’ in
its place.
The revision reads as follows:
Division (MVCB), at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2023–02, Technical Amendments.
This
document makes an editorial change to
48 CFR part 2.
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR Part 2
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
52.219–28 Post-Award Small Business
Program Rerepresentation.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 2 as set forth below:
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1. The authority citation for 48 CFR
part 2 continues to read as follows:
Post-Award Small Business Program
Rerepresentation (MAR 2023)
BILLING CODE 6820–EP–P
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.
DEPARTMENT OF DEFENSE
PART 2—DEFINITIONS OF WORDS
AND TERMS
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[FR Doc. 2023–02426 Filed 2–13–23; 8:45 am]
2.101
GENERAL SERVICES
ADMINISTRATION
[Amended]
2. Amend section 2.101, in paragraph
(b), in the definition of ‘‘Contingency
operation’’ by removing from paragraph
(2) the phrase ‘‘Chapter 15 of title 10 of
the United States Code,’’ and adding the
phrase ‘‘Chapter 13 of title 10 of the
United States Code, and section 3713 of
title 14 of the United States Code,’’ in
its place.
■
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 2
[FAC 2023–02; Item III; Docket No. FAR–
2023–0052; Sequence No. 1]
Federal Acquisition Regulation;
Technical Amendments
[FR Doc. 2023–02427 Filed 2–13–23; 8:45 am]
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2023–0051, Sequence No.
1]
Federal Acquisition Regulation;
Federal Acquisition Circular 2023–02;
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
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)
2023–02, which amends the Federal
Acquisition Regulation (FAR).
Interested parties may obtain further
information regarding these rules by
referring to FAC 2023–02, which
precedes this document.
DATES: February 14, 2023.
ADDRESSES: The FAC, including the
SECG, is available at https://
www.regulations.gov.
SUMMARY:
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2023–02 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:
This document makes an
amendment to the Federal Acquisition
Regulation (FAR) in order to make
needed editorial changes.
DATES: Effective: February 14, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Lois Mandell, Regulatory Secretariat
SUMMARY:
ddrumheller on DSK120RN23PROD with RULES3
RULES LISTED IN FAC 2023–02
Item
Subject
I * ................................
II * ...............................
III ................................
Accelerated Payments Applicable to Contracts with Certain Small Business Concerns .....
Small Business Program Amendments ................................................................................
Technical Amendments.
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Frm 00011
Fmt 4701
FAR case
Sfmt 4700
E:\FR\FM\14FER3.SGM
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2020–007
2019–008
Analyst
Delgado.
Jones.
9740
Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Rules and Regulations
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
2023–02 amends the FAR as follows:
Item I—Accelerated Payments
Applicable to Contracts With Certain
Small Business Concerns (FAR Case
2020–007)
ddrumheller on DSK120RN23PROD with RULES3
This final rule provides for
accelerated payments to contractors that
are small businesses and to small
business subcontractors by accelerating
payments to their prime contractors.
The rule implements section 873 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2020 (Pub.
L. 116–92), which amends 31 U.S.C.
3903(a). The rule also implements
section 815 of the William M. (Mac)
VerDate Sep<11>2014
22:18 Feb 13, 2023
Jkt 259001
Thornberry NDAA for FY 2021, which
amended 10 U.S.C. 2307(a) (now found
at 10 U.S.C. 3801). This final rule may
have a positive impact on small entities,
but it will not have a significant
economic impact on a substantial
number of small entities.
Item II—Small Business Program
Amendments (FAR Case 2019–008)
This final rule amends the FAR to
align with SBA’s regulations related to
several topic areas. This rule clarifies
that SBA determines size status as of the
date of initial offer for a multiple-award
contract, whether or not the offer
includes price, or the price is evaluated.
Additionally, in accordance with FAR
19.301–2(b)(2), the ‘‘ostensible
subcontractor rule’’ (a small business
must not be unduly reliant on a
nonsimilarly situated small business
subcontractor or have such a
subcontractor perform the primary and
PO 00000
Frm 00012
Fmt 4701
Sfmt 9990
vital requirements of the contract) is
implemented in this rule as a new
ground for socioeconomic status protest.
The rule also clarifies that contracting
officers will not be able to exercise
options past the fifth year of long-term
8(a) contracts if the 8(a) contractor no
longer qualifies for the 8(a) program.
Lastly, the rule clarifies the size
standard for the information technology
value added resellers under North
American Industry Classification
System code 541519 is 150 employees,
not 500 employees.
Item III—Technical Amendments
Administrative change is made at
FAR 2.101.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2023–02429 Filed 2–13–23; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\14FER3.SGM
14FER3
]]>Agencies
[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Rules and Regulations]
[Pages 9739-9740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02429]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2023-0051, Sequence No. 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2023-02; 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) 2023-02, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding these rules by referring to FAC 2023-02,
which precedes this document.
DATES: February 14, 2023.
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
2023-02 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 2023-02
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
I *.................................... Accelerated Payments 2020-007 Delgado.
Applicable to Contracts with
Certain Small Business
Concerns.
II *................................... Small Business Program 2019-008 Jones.
Amendments.
III.................................... Technical Amendments..........
----------------------------------------------------------------------------------------------------------------
[[Page 9740]]
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 2023-02 amends the FAR as follows:
Item I--Accelerated Payments Applicable to Contracts With Certain Small
Business Concerns (FAR Case 2020-007)
This final rule provides for accelerated payments to contractors
that are small businesses and to small business subcontractors by
accelerating payments to their prime contractors. The rule implements
section 873 of the National Defense Authorization Act (NDAA) for Fiscal
Year (FY) 2020 (Pub. L. 116-92), which amends 31 U.S.C. 3903(a). The
rule also implements section 815 of the William M. (Mac) Thornberry
NDAA for FY 2021, which amended 10 U.S.C. 2307(a) (now found at 10
U.S.C. 3801). This final rule may have a positive impact on small
entities, but it will not have a significant economic impact on a
substantial number of small entities.
Item II--Small Business Program Amendments (FAR Case 2019-008)
This final rule amends the FAR to align with SBA's regulations
related to several topic areas. This rule clarifies that SBA determines
size status as of the date of initial offer for a multiple-award
contract, whether or not the offer includes price, or the price is
evaluated. Additionally, in accordance with FAR 19.301-2(b)(2), the
``ostensible subcontractor rule'' (a small business must not be unduly
reliant on a nonsimilarly situated small business subcontractor or have
such a subcontractor perform the primary and vital requirements of the
contract) is implemented in this rule as a new ground for socioeconomic
status protest. The rule also clarifies that contracting officers will
not be able to exercise options past the fifth year of long-term 8(a)
contracts if the 8(a) contractor no longer qualifies for the 8(a)
program. Lastly, the rule clarifies the size standard for the
information technology value added resellers under North American
Industry Classification System code 541519 is 150 employees, not 500
employees.
Item III--Technical Amendments
Administrative change is made at FAR 2.101.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2023-02429 Filed 2-13-23; 8:45 am]
BILLING CODE 6820-EP-P
