Defense Federal Acquisition Regulation Supplement: Prompt Payment of Contractors (DFARS Case 2021-D008), 12862-12864 [2023-04028]
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Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
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Information and Regulatory Affairs has
determined that this rule is not a major
rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
This rule is required to implement
section 855 of the National Defense
Authorization Act (NDAA) for Fiscal
Year 2022 (Pub. L. 117–81, 10 U.S.C.
4651 note prec.). The objective of the
rule is to implement section 855 of the
NDAA for FY 2022 to require offerors,
when submitting a proposal for a
covered contract, to disclose their use of
workforce and facilities in the People’s
Republic of China if they employ one or
more individuals who will perform
work in the People’s Republic of China,
unless a national security waiver has
been granted. A national security waiver
may be granted if a determination is
made that such disclosure would not be
in the interest of national security.
Recurring disclosures are required
following contract award for contractors
that are covered entities for fiscal years
2023 and 2024. The initial and recurring
disclosures must include the total
number of individuals who will perform
work in the People’s Republic of China
on the covered contracts and a
description of the physical presence of
the facility, including the street address,
where work on the covered contract will
be performed.
There were no significant issues
raised by the public comments in
response to the initial regulatory
flexibility analysis.
Federal Procurement Data System
(FPDS) data was analyzed for fiscal
years 2019, 2020, and 2021, purchases
of supplies or end products and services
for which the place of manufacture,
place of performance, or country of the
product’s origin is China; with a value
above $5 million; and excluding
commercial services, commercial
products, and commercially available
off-the-shelf (COTS) items. The FPDS
data revealed no awards that met these
criteria.
In addition, a data analysis was
performed on the North Atlantic Treaty
Organization (NATO) Commercial and
Government Entity (NCAGE) codes from
the NATO Support and Procurement
Agency (NSPA) for entities located in
the People’s Republic of China,
including Hong Kong. This review
revealed a total of 5,143 entities. There
were 4,706 entities in the People’s
Republic of China with NCAGE codes,
and 437 entities in Hong Kong with
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NCAGE codes. This list of NCAGE codes
was compared to any People’s Republic
of China or Hong Kong NCAGE codes
from the FPDS data results for a list of
contract awards in fiscal years 2019,
2020 and 2021. Similarly, there were no
contract awards to any unique entities
or small business entities meeting the
criteria.
There are projected reporting or
recordkeeping requirements, and there
may be costs to ensure compliance. The
contractor’s postaward disclosure is
required for fiscal years 2023 and 2024,
to disclose if a contractor that is a
covered entity employs one or more
individuals who perform work in the
People’s Republic of China on a covered
contract. The disclosure must include
the total number of individuals who
will perform work in the People’s
Republic of China on the contract and
a description of the exact street location
of the physical presence in China where
the work on the contract will be
performed.
There are no known alternate
approaches to the rule that would meet
the objectives of the statute.
DEPARTMENT OF DEFENSE
VII. Paperwork Reduction Act
I. Background
This rule implements section 815 of
the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2021 (Pub.
L. 116–283), which strengthened the
requirement that DoD establish a goal to
pay small business contractors within
15 days of receipt of an invoice. In
particular, section 815(1) of the NDAA
for FY 2021 amended 10 U.S.C.
2307(a)(2)(A) (now located in 10 U.S.C.
3801) by striking the language ‘‘if a
specific payment date is not established
by contract.’’ Section 815(2) of the
NDAA for FY 2021 amended 10 U.S.C.
2307(a)(2)(B) by striking the language ‘‘if
the prime contractor agrees’’ and
replacing it with the language ‘‘if the
prime contractor agrees or proposes.’’
Section 814 of the NDAA for FY 2022
(Pub. L. 117–81) rescinded section
815(2) of the NDAA for FY 2021.
In related Federal Acquisition
Regulation (FAR) Case 2020–007, DoD,
GSA, and NASA published a proposed
rule at 86 FR 53923 on September 29,
2021, to implement a policy that
provides for accelerated payments to
contractors that are small businesses
and to small business subcontractors by
accelerating payments to their prime
contractors. This change to the FAR
implements section 873 of the NDAA
for FY 2020 (Pub. L. 116–92). Section
873 requires agencies to establish an
accelerated payment date for small
business prime contractors, to the fullest
This rule contains information
collection requirements that have been
approved by the Office of Management
and Budget under the Paperwork
Reduction Act (44 U.S.C. chapter 35).
This information collection requirement
has been assigned OMB Control Number
0750–0005, entitled Defense Federal
Acquisition Regulation Supplement
(DFARS), Disclosure of Employment of
Individuals Who Work in the People’s
Republic of China.
List of Subjects in 48 CFR Parts 212,
225, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Accordingly, the interim rule
implementing 48 CFR parts 212, 225,
and 252, which was published at 87 FR
52339 on August 25, 2022, is adopted as
final without change.
■
[FR Doc. 2023–04029 Filed 2–28–23; 8:45 am]
BILLING CODE 5001–06–P
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Defense Acquisition Regulations
System
48 CFR Parts 212, 232, and 252
[Docket DARS–2023–0004]
RIN 0750–AL27
Defense Federal Acquisition
Regulation Supplement: Prompt
Payment of Contractors (DFARS Case
2021–D008)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove a clause and the
associated prescription that are no
longer necessary.
DATES: Effective March 16, 2023.
FOR FURTHER INFORMATION CONTACT:
David E. Johnson, telephone 202–913–
5764.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES
extent permitted by law, with a goal of
15 days after receipt of a proper invoice,
if a specific payment date is not
established by contract. Section 873 also
requires that, to the fullest extent
permitted by law, the head of an agency
establish an accelerated payment date
for prime contractors that subcontract
with small businesses, with a goal of 15
days after receipt of a proper invoice,
if—
(1) A specific payment date is not
established by contract; and
(2) The contractor agrees to make
accelerated payments to the
subcontractor without any further
consideration from, or fees charged to,
the subcontractor.
FAR Case 2020–007 implements
portions of 10 U.S.C. 2307 (now located
in 10 U.S.C. 3801–3808) stating
requirements regarding accelerated
payments applicable only to DoD. The
FAR case implements section 815(1) of
the NDAA for FY 2021 by excluding
from DoD contracts the condition
reflected in the language ‘‘a specific
payment date is not established by
contract.’’ Therefore, separate
implementation of section 815(1) in the
DFARS is not required.
DFARS Case 2021–D008 now rescinds
portions of the DFARS that FAR Case
2020–007 renders moot. In particular,
DFARS clause 252.232–7017,
Accelerating Payments to Small
Business Subcontractors—Prohibition
on Fees and Consideration, prohibits the
contractor requiring any further
consideration from or charging fees to
the small business subcontractor in
exchange for making accelerated
payments. DFARS 232.009–2 prescribes
inclusion of the clause at DFARS
252.232–7017 in solicitations and
contracts, including those using FAR
part 12 procedures for the acquisition of
commercial products and commercial
services, that include the clause at FAR
52.232–40, Providing Accelerated
Payments to Small Business
Subcontractors. FAR Case 2020–007
amends FAR clause 52.232–40 to
include the same information as DFARS
clause 252. 232–7017, so the DFARS
clause is duplicative and no longer
necessary. Therefore, it can be removed
from the DFARS along with the
prescription at 232.009–2.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the FAR is 41 U.S.C.
1707, Publication of Proposed
Regulations. Subsection (a)(1) of the
statute requires that a procurement
policy, regulation, procedure, or form
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(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because this rule merely
removes an obsolete clause and the
associated prescription from the
DFARS.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT), for Commercial
Products (Including Commercially
Available Off-the-Shelf Items), and for
Commercial Services
This rule only removes obsolete
DFARS clause 252.232–7017,
Accelerating Payments to Small
Business Subcontractors—Prohibition
on Fees and Consideration, and the
associated prescription. This rule does
not create any new solicitation
provisions or contract clauses that apply
to contracts at or below the simplified
acquisition threshold, for commercial
products, including commercially
available off-the-shelf items, or for
commercial services.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
V. Congressional Review Act
As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD
will submit a copy of the interim or
final rule with the form, Submission of
Federal Rules under the Congressional
Review Act, to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule under the
Congressional Review Act cannot take
effect until 60 days after it is published
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12863
in the Federal Register. The Office of
Information and Regulatory Affairs has
determined that this rule is not a major
rule under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
VII. Paperwork Reduction Act
This rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 212,
232, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 212, 232, and
252 are amended as follows:
1. The authority citation for 48 CFR
parts 212, 232, and 252 continues to
read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
212.301
[Amended]
2. Amend section 212.301 by
removing paragraph (f)(xiv)(G).
■
PART 232—CONTRACT FINANCING
3. Revise sections 232.009 and
232.009–1 to read as follows:
■
232.009 Providing accelerated payments
to small business contractors and to prime
contractors that subcontract with a small
business concern.
232.009–1
General.
10 U.S.C. 3801(b) requires DoD to
provide accelerated payments to small
business contractors and subcontractors,
to the fullest extent permitted by law,
with a goal of 15 days.
232.009–2
■
[Removed]
4. Remove section 232.009–2.
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Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
III. Executive Orders 12866 and 13563
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.232–7017
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
[Removed and Reserved]
5. Remove and reserve section
252.232–7017.
■
[FR Doc. 2023–04028 Filed 2–28–23; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 242
[Docket DARS–2022–0025]
IV. Congressional Review Act
RIN 0750–AL20
Defense Federal Acquisition
Regulation Supplement: QuickCloseout Procedures Threshold
(DFARS Case 2021–D001)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement a
recommendation from the Government
Accountability Office regarding quickcloseout procedures.
DATES: Effective March 1, 2023.
FOR FURTHER INFORMATION CONTACT:
David E. Johnson, telephone 202–913–
5764.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
ddrumheller on DSK120RN23PROD with RULES
DoD published a proposed rule in the
Federal Register at 87 FR 65505 on
October 28, 2022, to amend the DFARS
to update the quick-closeout procedures
and expand contracts eligible for quickcloseout. There were no public
comments submitted in response to the
proposed rule. There are no changes
made to the final rule.
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Products, Including Commercially
Available Off-the-Shelf (COTS) Items,
and Commercial Services
This rule does not create any new
solicitation provisions or contract
clauses. It does not impact any existing
solicitation provisions or contract
clauses.
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As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD
will submit a copy of the interim or
final rule with the form, Submission of
Federal Rules under the Congressional
Review Act, to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule under the
Congressional Review Act cannot take
effect until 60 days after it is published
in the Federal Register. The Office of
Information and Regulatory Affairs has
determined that this rule is not a major
rule as defined by 5 U.S.C. 804.
V. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
This rule revises the DFARS to
implement changes to the indirect cost
rate quick-closeout procedures.
Government Accountability Office
Report 17–738, Federal Contracting:
Additional Management Attention and
Action Needed to Close Contracts and
Reduce Audit Backlog, published
September 2017 recommended that DoD
develop a means for Department-wide
oversight into both components’
progress in meeting goals on closing
contracts and the status of contracts
eligible for closeout. The Advisory
Panel on Streamlining and Codifying
Acquisition Regulations (Section 809
Panel) was established pursuant to
section 809 of the National Defense
Authorization Act for Fiscal Year 2016
(Pub. L. 114–92) to deliver
recommendations that could transform
the defense acquisition system to meet
the threats and demands of the 21st
century. Additionally, the Section 809
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Panel recommended authorizing the
settlement of final overhead rates when
it is in the best interest of the
Government and closing complete
contracts regardless of dollar value or
the percentage of unsettled direct and
indirect costs allocable to the contracts
(recommendation 58).
This rule states that the amount of
unsettled direct costs and indirect costs
to be allocated to the contract, task
order, or delivery order will be
considered relatively insignificant when
the total unsettled direct costs or
indirect costs to be allocated do not
exceed $2 million. Additionally, DCMA
administrative contracting officers may
negotiate the settlement of direct and
indirect costs for a specific contract,
task order, or delivery order to be closed
in advance of the determination of final
direct costs and indirect rates set forth
in FAR 42.705 regardless of the dollar
value or percentage of unsettled direct
or indirect costs allocable to the
contract.
There were no public comments
submitted in response to the proposed
rule.
This rule will likely affect small
entities that have been or will be
awarded contracts, task orders, and
delivery orders valued over $2 million.
Data was obtained from the
Procurement Business Intelligence
Service (PBIS) for contracts that were
awarded in fiscal years 2019 through
2021 and eligible for quick-closeout
procedures, were valued at more than
$2 million, and contained one of the
following FAR clauses:
• 52.216–7, Allowable Cost and
Payment (including Alternates I, II, IV);
• 52.216–17, Incentive Price
Revision—Successive Targets (including
Alternate I);
• 52.242–3, Penalties for Unallowable
Costs; and
• 52.242–4, Certification of Final
Indirect Costs.
Data from PBIS revealed DoD awarded
contracts to an average of 832 small
businesses per year in fiscal years 2019
through 2021. Therefore, this rule may
apply to approximately 832 unique
small entities.
The rule does not impose any new
reporting, recordkeeping, or compliance
requirements.
DoD did not identify any significant
alternatives that would minimize or
reduce the significant economic impact
on small entities because this rule is not
expected to have a significant impact on
small entities.
VI. Paperwork Reduction Act
This rule does not contain any
information collection requirements that
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]]>Agencies
[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12862-12864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04028]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 232, and 252
[Docket DARS-2023-0004]
RIN 0750-AL27
Defense Federal Acquisition Regulation Supplement: Prompt Payment
of Contractors (DFARS Case 2021-D008)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to remove a clause and the
associated prescription that are no longer necessary.
DATES: Effective March 16, 2023.
FOR FURTHER INFORMATION CONTACT: David E. Johnson, telephone 202-913-
5764.
SUPPLEMENTARY INFORMATION:
I. Background
This rule implements section 815 of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. 116-283),
which strengthened the requirement that DoD establish a goal to pay
small business contractors within 15 days of receipt of an invoice. In
particular, section 815(1) of the NDAA for FY 2021 amended 10 U.S.C.
2307(a)(2)(A) (now located in 10 U.S.C. 3801) by striking the language
``if a specific payment date is not established by contract.'' Section
815(2) of the NDAA for FY 2021 amended 10 U.S.C. 2307(a)(2)(B) by
striking the language ``if the prime contractor agrees'' and replacing
it with the language ``if the prime contractor agrees or proposes.''
Section 814 of the NDAA for FY 2022 (Pub. L. 117-81) rescinded section
815(2) of the NDAA for FY 2021.
In related Federal Acquisition Regulation (FAR) Case 2020-007, DoD,
GSA, and NASA published a proposed rule at 86 FR 53923 on September 29,
2021, to implement a policy that provides for accelerated payments to
contractors that are small businesses and to small business
subcontractors by accelerating payments to their prime contractors.
This change to the FAR implements section 873 of the NDAA for FY 2020
(Pub. L. 116-92). Section 873 requires agencies to establish an
accelerated payment date for small business prime contractors, to the
fullest
[[Page 12863]]
extent permitted by law, with a goal of 15 days after receipt of a
proper invoice, if a specific payment date is not established by
contract. Section 873 also requires that, to the fullest extent
permitted by law, the head of an agency establish an accelerated
payment date for prime contractors that subcontract with small
businesses, with a goal of 15 days after receipt of a proper invoice,
if--
(1) A specific payment date is not established by contract; and
(2) The contractor agrees to make accelerated payments to the
subcontractor without any further consideration from, or fees charged
to, the subcontractor.
FAR Case 2020-007 implements portions of 10 U.S.C. 2307 (now
located in 10 U.S.C. 3801-3808) stating requirements regarding
accelerated payments applicable only to DoD. The FAR case implements
section 815(1) of the NDAA for FY 2021 by excluding from DoD contracts
the condition reflected in the language ``a specific payment date is
not established by contract.'' Therefore, separate implementation of
section 815(1) in the DFARS is not required.
DFARS Case 2021-D008 now rescinds portions of the DFARS that FAR
Case 2020-007 renders moot. In particular, DFARS clause 252.232-7017,
Accelerating Payments to Small Business Subcontractors--Prohibition on
Fees and Consideration, prohibits the contractor requiring any further
consideration from or charging fees to the small business subcontractor
in exchange for making accelerated payments. DFARS 232.009-2 prescribes
inclusion of the clause at DFARS 252.232-7017 in solicitations and
contracts, including those using FAR part 12 procedures for the
acquisition of commercial products and commercial services, that
include the clause at FAR 52.232-40, Providing Accelerated Payments to
Small Business Subcontractors. FAR Case 2020-007 amends FAR clause
52.232-40 to include the same information as DFARS clause 252. 232-
7017, so the DFARS clause is duplicative and no longer necessary.
Therefore, it can be removed from the DFARS along with the prescription
at 232.009-2.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707, Publication of Proposed Regulations. Subsection (a)(1) of the
statute requires that a procurement policy, regulation, procedure, or
form (including an amendment or modification thereof) must be published
for public comment if it relates to the expenditure of appropriated
funds, and has either a significant effect beyond the internal
operating procedures of the agency issuing the policy, regulation,
procedure, or form, or has a significant cost or administrative impact
on contractors or offerors. This final rule is not required to be
published for public comment, because this rule merely removes an
obsolete clause and the associated prescription from the DFARS.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT), for Commercial Products (Including Commercially
Available Off-the-Shelf Items), and for Commercial Services
This rule only removes obsolete DFARS clause 252.232-7017,
Accelerating Payments to Small Business Subcontractors--Prohibition on
Fees and Consideration, and the associated prescription. This rule does
not create any new solicitation provisions or contract clauses that
apply to contracts at or below the simplified acquisition threshold,
for commercial products, including commercially available off-the-shelf
items, or for commercial services.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993.
V. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a major rule under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
VII. Paperwork Reduction Act
This rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 212, 232, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212, 232, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 212, 232, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
212.301 [Amended]
0
2. Amend section 212.301 by removing paragraph (f)(xiv)(G).
PART 232--CONTRACT FINANCING
0
3. Revise sections 232.009 and 232.009-1 to read as follows:
232.009 Providing accelerated payments to small business contractors
and to prime contractors that subcontract with a small business
concern.
232.009-1 General.
10 U.S.C. 3801(b) requires DoD to provide accelerated payments to
small business contractors and subcontractors, to the fullest extent
permitted by law, with a goal of 15 days.
232.009-2 [Removed]
0
4. Remove section 232.009-2.
[[Page 12864]]
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.232-7017 [Removed and Reserved]
0
5. Remove and reserve section 252.232-7017.
[FR Doc. 2023-04028 Filed 2-28-23; 8:45 am]
BILLING CODE 5001-06-P
