Federal Acquisition Regulation: Small Disadvantaged Business Threshold, 53751-53753 [2023-16659]
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<![CDATA[
Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations
for Advocacy of the Small Business
Administration.
VIII. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. 3501–3521) applies. The rule
contains information collection
requirements. OMB has cleared this
information collection requirement
under OMB Control Number 9000–0204,
Acquisition 360 Voluntary Survey.
List of Subjects in 48 CFR Parts 1, 12,
26, and 52
Government procurement.
[Redesignated]
2. Redesignate sections 1.102–3 and
1.102–4 as sections 1.102–4 and 1.102–
5.
■ 3. Add new section 1.102–3 to read as
follows:
■
1.102–3 Evaluating agency acquisition
processes.
ddrumheller on DSK120RN23PROD with RULES5
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OMB
control No.
FAR segment
*
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*
9000–0204
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[Amended]
5. Amend section 1.108 by removing
from paragraph (b) ‘‘1.102–4(b)’’ and
adding ‘‘1.102–5(b)’’ in its place.
■
PART 12—ACQUISITION OF
COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
(a) Agencies are encouraged to
develop internal procedures seeking
voluntary feedback from interested
parties in an acquisition to assess
process strengths and weaknesses and
improve effectiveness and efficiency of
the acquisition process. Agencies may—
(1) Utilize a variety of feedback
mechanisms available to the public (e.g.,
surveys, in-person, and/or group
exchanges);
(2) Utilize the core preaward and
debriefing survey questions at https://
www.acquisition.gov/360; and
(3) Seek additional feedback on
targeted aspects of an acquisition
throughout its lifecycle (e.g.,
performance standards at 1.102–2 or
postaward contract administration
responsibilities at 42.302).
(b) Contracting officers are
encouraged to insert the provision
52.201–1, Acquisition 360: Voluntary
Survey, in accordance with agency
procedures.
(c) Contracting officers shall not
review information until after contract
as applicable. Feedback may be
provided to agencies up to 45 days after
award. The feedback is anonymous,
unless the participant self-identifies in
the survey. Actual and potential offerors
can participate in the survey by
selecting the following link: https://
www.acquisition.gov/360.
(b) The Contracting Officer will not
review the information provided until
after contract award and will not
consider it in the award decision. The
survey is voluntary and does not convey
any protections, rights, or grounds for
protest. It creates a way for actual and
potential offerors to provide the
Government constructive feedback
about the preaward and debriefing
processes, as applicable, used for a
specific acquisition.
(End of provision)
[FR Doc. 2023–16658 Filed 8–7–23; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
6. Amend section 12.301 by—
a. Redesignating paragraphs (e)(1)
through (4) as paragraphs (e)(2) through
(5); and
■ b. Adding a new paragraph (e)(1).
The addition reads as follows:
GENERAL SERVICES
ADMINISTRATION
12.301 Solicitation provisions and
contract clauses for the acquisition of
commercial products and commercial
services.
48 CFR Parts 2, 19, and 52
*
RIN 9000–AO52
■
■
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
Jkt 259001
*
1.108
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.
21:51 Aug 07, 2023
*
*
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 1, 12, 26, and 52
as set forth below:
■ 1. The authority citation for 48 CFR
parts 1, 12, 26, and 52 continues to read
as follows:
VerDate Sep<11>2014
1.106 OMB approval under the Paperwork
Reduction Act.
*
*
*
52.201–1 ...............................
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
1.102–3 and 1.102–4
award and shall not consider it in the
award decision.
■ 4. In section 1.106, amend the table by
adding an entry for ‘‘52.201–1’’ in
numerical order to read as follows:
*
*
*
*
(e) * * *
(1) The contracting officer may use
the provision at 52.201–1, Acquisition
360: Voluntary Survey, as prescribed in
1.102–3(b).
*
*
*
*
*
PART 26—OTHER SOCIOECONOMIC
PROGRAMS
26.206
7. Amend section 26.206 by removing
from paragraph (a) ‘‘12.301(e)(4)’’ and
adding ‘‘12.301(e)(5)’’ in its place.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
8. Add section 52.201–1 to read as
follows:
■
52.201–1
Survey.
Acquisition 360: Voluntary
As prescribed in 1.102–3(b), insert the
following provision:
Acquisition 360: Voluntary Survey (Sep
2023)
(a) All actual and potential offerors
are encouraged to provide feedback on
the preaward and debriefing processes,
PO 00000
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[FAC 2023–05, FAR Case 2023–004, Item
II; Docket No. 2023–0004; Sequence No. 1]
Federal Acquisition Regulation: Small
Disadvantaged Business Threshold
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
implement regulatory changes made by
the Small Business Administration to
adjust the net worth threshold for
owners of small disadvantaged business
concerns.
DATES: Effective September 7, 2023.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Carrie Moore, Procurement Analyst, at
571–300–5917, or by email at
carrie.moore@gsa.gov. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2023–05, FAR Case 2023–004.
SUPPLEMENTARY INFORMATION:
SUMMARY:
[Amended]
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Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations
I. Background
DoD, GSA, and NASA are amending
the FAR to implement regulatory
changes made by the Small Business
Administration (SBA) in its interim rule
published on November 17, 2022, at 87
FR 69118, which adjusted for inflation
the net worth threshold for an
individual to be eligible as an owner of
a small disadvantaged business concern
from $750,000 to $850,000. To do so,
this rule updates this threshold to
reflect a reference to SBA’s regulations
at 13 CFR 124.104(c)(2), which is used
in the definition of ‘‘small
disadvantaged business concern,’’ in the
FAR. This rule also updates FAR
citations to former SBA regulations 13
CFR 124.1002 through 124.1016, as SBA
removed these sections from their
regulations in a rule published May 8,
2020 (85 FR 27290).
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. Subsection (a)(1) of 41 U.S.C.
1707 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 it does not change
existing acquisition procedures for
agencies or contractors; instead, this
final rule simply revises the FAR to
align with SBA’s regulation by reflecting
the increased threshold established by
SBA in its regulations, and updates
obsolete FAR citations to certain SBA
regulations that no longer exist.
ddrumheller on DSK120RN23PROD with RULES5
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Products (Including Commercially
Available Off-the-Shelf (COTS) Items),
or for Commercial Services
This rule amends the solicitation
provisions at FAR 52.212–3 and 52.219–
1, and contract clauses at FAR 52.212–
5, 52.213–4, 52.219–8, 52.219–9,
52.219–28, and 52.244–6. However, this
rule does not impose any new
requirements on contracts valued at or
below the SAT, or on contracts for
commercial products, including COTS
items, or commercial services. The
VerDate Sep<11>2014
21:51 Aug 07, 2023
Jkt 259001
clauses continue to apply to
acquisitions at or below the SAT and to
acquisitions for commercial products,
including COTS items, and 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,
GSA, and NASA will send the rule and
the ‘‘Submission of Federal Rules Under
the Congressional Review Act’’ form to
each House of the Congress and to the
Comptroller General of the United
States. The Office of Information and
Regulatory Affairs (OIRA) in the Office
of Management and Budget has
determined that this is not a major rule
under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section II. of this
preamble), the analytical requirements
of the Regulatory Flexibility Act (5
U.S.C. 601–612) are not applicable.
Accordingly, no regulatory flexibility
analysis is required, and none has been
prepared.
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.
3501–3521).
PO 00000
List of Subjects in 48 CFR Parts 2, 19,
and 52
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 2, 19, and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 2, 19, and 52 continues to read as
follows:
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 2—DEFINITIONS OF WORDS
AND TERMS
2.101
2. Amend section 2.101, in paragraph
(b)(2), in the definition of ‘‘Small
disadvantaged business concern’’ by—
■ a. Removing from the introductory
text ‘‘13 CFR 124.1002’’ and adding ‘‘13
CFR 124.1001’’ in its place; and
■ b. Removing from paragraph (1)(ii)
‘‘$750,000’’ and adding ‘‘the threshold
at 13 CFR 124.104(c)(2)’’ in its place.
■
PART 19—SMALL BUSINESS
PROGRAMS
19.301–1
19.304
Sfmt 4700
[Amended]
4. Amend section 19.304 by removing
from paragraph (c) ‘‘13 CFR
124.1001(b)’’ and adding ‘‘13 CFR
124.1001’’ in its place.
■ 5. Amend section 19.305 by revising
the section heading, introductory text,
and paragraph (c) to read as follows:
■
19.305
Reviews of SDB status.
This section applies to reviews of a
small business concern’s SDB status as
a prime contractor or subcontractor.
*
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*
*
(c) An SBA review of a
subcontractor’s SDB status differs from
a formal protest. Protests of a concern’s
size as a prime contractor are processed
under 19.302. Protests of a concern’s
size as a subcontractor are processed
under 19.703(b).
■
Fmt 4701
[Amended]
3. Amend section 19.301–1 by
removing from the third sentence of
paragraph (h) the phrase ‘‘13 CFR
124.1004 for small disadvantaged
business, 13 CFR 125.29’’ and adding
‘‘13 CFR 128.600’’ in its place.
■
19.703
Frm 00006
[Amended]
[Amended]
6. Amend section 19.703 by:
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Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations
■
a. Removing from paragraph (a)(2)(iv)
‘‘13 CFR 121.411, 124.1015, 125.29,
126.900, and 127.700’’ and adding ‘‘13
CFR 121.411, 126.900, 127.700, and
128.600’’ in its place; and
■ b. Removing paragraph (e).
■
■
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Products and Commercial
Services).
7. Amend section 52.212–3 by—
a. Revising the date of the provision;
and
■ b. In paragraph (a), in the definition of
‘‘Small disadvantaged business
concern’’ by—
■ i. Removing from the introductory text
‘‘13 CFR 124.1002’’ and adding ‘‘13 CFR
124.1001’’ in its place; and
■ ii. Removing from paragraph (1)(ii)
‘‘$750,000’’ and adding ‘‘the threshold
at 13 CFR 124.104(c)(2)’’ in its place.
The revision reads as follows:
■
■
52.212–3 Offeror Representations and
Certifications—Commercial Products and
Commercial Services.
*
*
*
*
*
Offeror Representations and
Certifications—Commercial Products
and Commercial Services (Sep 2023)
*
*
*
*
*
■ 8. Amend section 52.212–5 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraphs (b)(17)
‘‘(OCT 2022)’’ and adding ‘‘(Sep 2023)’’
in its place;
■ c. Removing from paragraph (b)(18)(i)
‘‘(OCT 2022)’’ and adding ‘‘(Sep 2023)’’
in its place;
■ d. Removing from paragraph (b)(18)(v)
‘‘(SEP 2021)’’ and adding ‘‘(Sep 2023)’’
in its place;
■ e. Removing from paragraph (b)(23)(i)
‘‘(MAR 2023)’’ and adding ‘‘(Sep 2023)’’
in its place;
■ f. Removing from paragraph (e)(1)(vi)
‘‘(OCT 2022)’’ and adding ‘‘(Sep 2023)’’
in its place; and
■ g. In Alternate II by—
■ i. Revising the date of the Alternate;
and
■ ii. Removing from paragraph
(e)(1)(ii)(F) ‘‘(OCT 2022)’’ and adding
‘‘(Sep 2023)’’ in its place.
The revisions read as follows:
ddrumheller on DSK120RN23PROD with RULES5
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Products
and Commercial Services.
*
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*
Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial
Products and Commercial Services
(Sep 2023)
*
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Alternate II (Sep 2023) * * *
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*
VerDate Sep<11>2014
21:51 Aug 07, 2023
Jkt 259001
9. Amend section 52.213–4 by:
a. Revising the date of the clause; and
b. Removing from paragraph (a)(2)(vii)
‘‘(JUN 2023)’’ and adding ‘‘(Sep 2023)’’
in its place.
The revision reads as follows:
*
*
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Products and Commercial Services)
(Sep 2023)
*
*
*
*
*
■ 10. Amend section 52.219–1 by—
■ a. Revising the date of the provision;
■ b. In paragraph (a), in the definition of
‘‘Small disadvantaged business
concern’’ by—
■ i. Removing from the introductory text
‘‘13 CFR 124.1002’’ and adding ‘‘13 CFR
124.1001’’ in its place; and
■ ii. Removing from paragraph (1)(ii)
‘‘$750,000’’ and adding ‘‘the threshold
at 13 CFR 124.104(c)(2)’’ in its place;
and
■ c. Removing from paragraph (c)(2) ‘‘13
CFR 124.1002’’ and adding ‘‘13 CFR
124.1001’’ in its place.
The revision reads as follows:
52.219–1 Small Business Program
Representations.
*
*
*
*
*
Small Business Program
Representations (Sep 2023)
*
*
*
*
*
■ 11. Amend section 52.219–8 by—
■ a. Revising the date of the clause;
■ b. In paragraph (a), in the definition of
‘‘Small disadvantaged business
concern’’ by—
■ i. Removing from the introductory text
‘‘13 CFR 124.1002’’ and adding ‘‘13 CFR
124.1001’’ in its place; and
■ ii. Removing from paragraph (1)(ii)
‘‘$750,000’’ and adding ‘‘the threshold
at 13 CFR 124.104(c)(2)’’ in its place;
and
■ c. Removing from paragraph (e)(4) ‘‘13
CFR 121.411, 124.1015, 125.29, 126.900,
and 127.700’’ and adding ‘‘13 CFR
121.411, 126.900, 127.700, and 128.600’’
in its place.
The revision reads as follows:
126.900, and 127.700’’ and adding ‘‘13
CFR 121.411, 126.900, 127.700, and
128.600’’ in its place; and
■ c. In Alternate IV by—
■ i. Revising the date of the alternate;
and
■ ii. Removing from paragraph (c)(2)(iv)
‘‘13 CFR 121.411, 124.1015, 125.29,
126.900, and 127.700’’ and adding ‘‘13
CFR 121.411, 126.900, 127.700, and
128.600’’ in its place.
The revision reads as follows:
52.219–9
Plan.
Small Business Subcontracting
*
*
*
*
*
Small Business Subcontracting Plan
(Sep 2023)
*
*
*
*
*
Alternate IV (Sep 2023) * * *
*
*
*
*
*
13. Amend section 52.219–28 by:
a. Revising the date of the clause; and
■ b. Removing from paragraph (h)(2)
‘‘13 CFR 124.1002’’ and adding ‘‘13 CFR
124.1001’’ in its place.
The revision reads as follows:
■
■
52.219–28 Post-Award Small Business
Program Rerepresentation.
*
*
*
*
*
Post-Award Small Business Program
Rerepresentation (Sep 2023)
*
*
*
*
*
14. Amend section 52.244–6 by:
a. Revising the date of the clause; and
■ b. Removing from paragraph
(c)(1)(viii) ‘‘(OCT 2022)’’ and adding
‘‘(Sep 2023)’’ in its place.
The revision reads as follows:
■
■
52.244–6 Subcontracts for Commercial
Products and Commercial Services.
*
*
*
*
*
Subcontracts for Commercial Products
and Commercial Services (Sep 2023)
*
*
*
*
*
[FR Doc. 2023–16659 Filed 8–7–23; 8:45 am]
BILLING CODE 6820–EP–P
52.219–8 Utilization of Small Business
Concerns.
*
*
*
*
*
Utilization of Small Business Concerns
(Sep 2023)
*
*
*
*
*
■ 12. Amend section 52.219–9 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph (c)(2)(iv)
‘‘13 CFR 121.411, 124.1015, 125.29,
PO 00000
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]]>Agencies
[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Rules and Regulations]
[Pages 53751-53753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16659]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 19, and 52
[FAC 2023-05, FAR Case 2023-004, Item II; Docket No. 2023-0004;
Sequence No. 1]
RIN 9000-AO52
Federal Acquisition Regulation: Small Disadvantaged Business
Threshold
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to implement regulatory changes
made by the Small Business Administration to adjust the net worth
threshold for owners of small disadvantaged business concerns.
DATES: Effective September 7, 2023.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Carrie Moore, Procurement Analyst, at 571-300-5917, or by email at
[email protected]. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or [email protected]. Please cite FAC 2023-05, FAR Case
2023-004.
SUPPLEMENTARY INFORMATION:
[[Page 53752]]
I. Background
DoD, GSA, and NASA are amending the FAR to implement regulatory
changes made by the Small Business Administration (SBA) in its interim
rule published on November 17, 2022, at 87 FR 69118, which adjusted for
inflation the net worth threshold for an individual to be eligible as
an owner of a small disadvantaged business concern from $750,000 to
$850,000. To do so, this rule updates this threshold to reflect a
reference to SBA's regulations at 13 CFR 124.104(c)(2), which is used
in the definition of ``small disadvantaged business concern,'' in the
FAR. This rule also updates FAR citations to former SBA regulations 13
CFR 124.1002 through 124.1016, as SBA removed these sections from their
regulations in a rule published May 8, 2020 (85 FR 27290).
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. Subsection (a)(1) of 41 U.S.C. 1707 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 it does not change existing acquisition procedures for agencies
or contractors; instead, this final rule simply revises the FAR to
align with SBA's regulation by reflecting the increased threshold
established by SBA in its regulations, and updates obsolete FAR
citations to certain SBA regulations that no longer exist.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), or for Commercial Services
This rule amends the solicitation provisions at FAR 52.212-3 and
52.219-1, and contract clauses at FAR 52.212-5, 52.213-4, 52.219-8,
52.219-9, 52.219-28, and 52.244-6. However, this rule does not impose
any new requirements on contracts valued at or below the SAT, or on
contracts for commercial products, including COTS items, or commercial
services. The clauses continue to apply to acquisitions at or below the
SAT and to acquisitions for commercial products, including COTS items,
and 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, GSA, and NASA will
send the rule and the ``Submission of Federal Rules Under the
Congressional Review Act'' form to each House of the Congress and to
the Comptroller General of the United States. The Office of Information
and Regulatory Affairs (OIRA) in the Office of Management and Budget
has determined that this is not a major rule under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section II. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612) are
not applicable. Accordingly, no regulatory flexibility analysis is
required, and none has been prepared.
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. 3501-3521).
List of Subjects in 48 CFR Parts 2, 19, and 52
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 2, 19, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 2, 19, and 52 continues to
read as follows:
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 2--DEFINITIONS OF WORDS AND TERMS
2.101 [Amended]
0
2. Amend section 2.101, in paragraph (b)(2), in the definition of
``Small disadvantaged business concern'' by--
0
a. Removing from the introductory text ``13 CFR 124.1002'' and adding
``13 CFR 124.1001'' in its place; and
0
b. Removing from paragraph (1)(ii) ``$750,000'' and adding ``the
threshold at 13 CFR 124.104(c)(2)'' in its place.
PART 19--SMALL BUSINESS PROGRAMS
19.301-1 [Amended]
0
3. Amend section 19.301-1 by removing from the third sentence of
paragraph (h) the phrase ``13 CFR 124.1004 for small disadvantaged
business, 13 CFR 125.29'' and adding ``13 CFR 128.600'' in its place.
19.304 [Amended]
0
4. Amend section 19.304 by removing from paragraph (c) ``13 CFR
124.1001(b)'' and adding ``13 CFR 124.1001'' in its place.
0
5. Amend section 19.305 by revising the section heading, introductory
text, and paragraph (c) to read as follows:
19.305 Reviews of SDB status.
This section applies to reviews of a small business concern's SDB
status as a prime contractor or subcontractor.
* * * * *
(c) An SBA review of a subcontractor's SDB status differs from a
formal protest. Protests of a concern's size as a prime contractor are
processed under 19.302. Protests of a concern's size as a subcontractor
are processed under 19.703(b).
19.703 [Amended]
0
6. Amend section 19.703 by:
[[Page 53753]]
0
a. Removing from paragraph (a)(2)(iv) ``13 CFR 121.411, 124.1015,
125.29, 126.900, and 127.700'' and adding ``13 CFR 121.411, 126.900,
127.700, and 128.600'' in its place; and
0
b. Removing paragraph (e).
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
7. Amend section 52.212-3 by--
0
a. Revising the date of the provision; and
0
b. In paragraph (a), in the definition of ``Small disadvantaged
business concern'' by--
0
i. Removing from the introductory text ``13 CFR 124.1002'' and adding
``13 CFR 124.1001'' in its place; and
0
ii. Removing from paragraph (1)(ii) ``$750,000'' and adding ``the
threshold at 13 CFR 124.104(c)(2)'' in its place.
The revision reads as follows:
52.212-3 Offeror Representations and Certifications--Commercial
Products and Commercial Services.
* * * * *
Offeror Representations and Certifications--Commercial Products and
Commercial Services (Sep 2023)
* * * * *
0
8. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraphs (b)(17) ``(OCT 2022)'' and adding ``(Sep
2023)'' in its place;
0
c. Removing from paragraph (b)(18)(i) ``(OCT 2022)'' and adding ``(Sep
2023)'' in its place;
0
d. Removing from paragraph (b)(18)(v) ``(SEP 2021)'' and adding ``(Sep
2023)'' in its place;
0
e. Removing from paragraph (b)(23)(i) ``(MAR 2023)'' and adding ``(Sep
2023)'' in its place;
0
f. Removing from paragraph (e)(1)(vi) ``(OCT 2022)'' and adding ``(Sep
2023)'' in its place; and
0
g. In Alternate II by--
0
i. Revising the date of the Alternate; and
0
ii. Removing from paragraph (e)(1)(ii)(F) ``(OCT 2022)'' and adding
``(Sep 2023)'' in its place.
The revisions read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Products and Commercial Services.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Products and Commercial Services (Sep
2023)
* * * * *
Alternate II (Sep 2023) * * *
* * * * *
0
9. Amend section 52.213-4 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(2)(vii) ``(JUN 2023)'' and adding ``(Sep
2023)'' in its place.
The revision reads as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Products and Commercial Services).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Products and Commercial Services) (Sep 2023)
* * * * *
0
10. Amend section 52.219-1 by--
0
a. Revising the date of the provision;
0
b. In paragraph (a), in the definition of ``Small disadvantaged
business concern'' by--
0
i. Removing from the introductory text ``13 CFR 124.1002'' and adding
``13 CFR 124.1001'' in its place; and
0
ii. Removing from paragraph (1)(ii) ``$750,000'' and adding ``the
threshold at 13 CFR 124.104(c)(2)'' in its place; and
0
c. Removing from paragraph (c)(2) ``13 CFR 124.1002'' and adding ``13
CFR 124.1001'' in its place.
The revision reads as follows:
52.219-1 Small Business Program Representations.
* * * * *
Small Business Program Representations (Sep 2023)
* * * * *
0
11. Amend section 52.219-8 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), in the definition of ``Small disadvantaged
business concern'' by--
0
i. Removing from the introductory text ``13 CFR 124.1002'' and adding
``13 CFR 124.1001'' in its place; and
0
ii. Removing from paragraph (1)(ii) ``$750,000'' and adding ``the
threshold at 13 CFR 124.104(c)(2)'' in its place; and
0
c. Removing from paragraph (e)(4) ``13 CFR 121.411, 124.1015, 125.29,
126.900, and 127.700'' and adding ``13 CFR 121.411, 126.900, 127.700,
and 128.600'' in its place.
The revision reads as follows:
52.219-8 Utilization of Small Business Concerns.
* * * * *
Utilization of Small Business Concerns (Sep 2023)
* * * * *
0
12. Amend section 52.219-9 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (c)(2)(iv) ``13 CFR 121.411, 124.1015,
125.29, 126.900, and 127.700'' and adding ``13 CFR 121.411, 126.900,
127.700, and 128.600'' in its place; and
0
c. In Alternate IV by--
0
i. Revising the date of the alternate; and
0
ii. Removing from paragraph (c)(2)(iv) ``13 CFR 121.411, 124.1015,
125.29, 126.900, and 127.700'' and adding ``13 CFR 121.411, 126.900,
127.700, and 128.600'' in its place.
The revision reads as follows:
52.219-9 Small Business Subcontracting Plan.
* * * * *
Small Business Subcontracting Plan (Sep 2023)
* * * * *
Alternate IV (Sep 2023) * * *
* * * * *
0
13. Amend section 52.219-28 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (h)(2) ``13 CFR 124.1002'' and adding ``13
CFR 124.1001'' in its place.
The revision reads as follows:
52.219-28 Post-Award Small Business Program Rerepresentation.
* * * * *
Post-Award Small Business Program Rerepresentation (Sep 2023)
* * * * *
0
14. Amend section 52.244-6 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c)(1)(viii) ``(OCT 2022)'' and adding
``(Sep 2023)'' in its place.
The revision reads as follows:
52.244-6 Subcontracts for Commercial Products and Commercial Services.
* * * * *
Subcontracts for Commercial Products and Commercial Services (Sep 2023)
* * * * *
[FR Doc. 2023-16659 Filed 8-7-23; 8:45 am]
BILLING CODE 6820-EP-P
