Federal Acquisition Regulation; Federal Acquisition Circular 2023-06; Introduction, 69502-69503 [2023-21319]
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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
ACTION:
The FAC, including the
SECG, is available at https://
www.regulations.gov.
ADDRESSES:
Summary presentation of final
rules.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
This document summarizes
the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council (Councils) in this Federal
Acquisition Circular (FAC) 2023–06. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC.
SUMMARY:
48 CFR Chapter 1
[Docket No. FAR–2023–0051, Sequence
No. 5]
Federal Acquisition Regulation;
Federal Acquisition Circular 2023–06;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
The
analyst whose name appears in the table
below in relation to the FAR case. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
FOR FURTHER INFORMATION CONTACT:
For effective dates see the
separate documents, which follow.
DATES:
RULES LISTED IN FAC 2023–06
Item
Subject
I .....................
Implementation of Federal Acquisition Supply Chain Security Act
(FASCSA) Orders.
Whistleblower Protection for Contractor Employees .................................
8(a) Program ..............................................................................................
Technical Amendments.
II ....................
III ...................
IV ..................
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
2023–06 amends the FAR as follows:
ddrumheller on DSK120RN23PROD with RULES3
Item I—Implementation of Federal
Acquisition Supply Chain Security Act
(FASCSA) Orders (FAR Case 2020–011)
This interim rule amends the Federal
Acquisition Regulation (FAR) to
implement supply chain risk
information sharing and exclusion or
removal orders required by the Federal
Acquisition Supply Chain Security Act
of 2018 and a final rule issued by the
Federal Acquisition Security Council
(FASC).
The FAR is being amended to
implement applicable exclusion or
removal orders recommended by the
FASC when they are issued by the
Secretary of Homeland Security, the
Secretary of Defense, or the Director of
National Intelligence. Offerors will be
required to check both the System for
Award Management and individual
solicitations for applicable exclusion
orders.
This rule applies to all acquisitions,
including acquisitions at or below the
simplified acquisition threshold and to
acquisitions of commercial items,
including commercially available offthe-shelf items. It may have a significant
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20:31 Oct 04, 2023
Jkt 262001
FAR case
economic impact on a substantial
number of small entities.
Item II—Whistleblower Protection for
Contractor Employees (FAR Case 2017–
005)
This final rule amends the FAR to
implement Public Law 114–261 (41
U.S.C. 4712). The rule enhances
whistleblower protection for contractor
employees by making permanent the
protection for disclosure of certain
information. It also clarifies that the
FAR 31.205–47 prohibition on
reimbursement for legal fees accrued in
defense against reprisal claims applies
to subcontractors, as well as contractors.
DoD, NASA and the Coast Guard have
a different whistleblower program for
contractor employees.
This final rule will not have a
significant economic impact on a
substantial number of small entities.
Item III—8(a) Program Changes (FAR
Case 2021–012)
This final rule amends the FAR to
update and clarify requirements
associated with the Small Business
Administration’s (SBA) 8(a) program.
Specifically, this rule clarifies that the
certificate of competency program is not
applicable to 8(a) sole-source awards
and requires that BPAs issued under
part 13, including orders placed under
part 13 BPAs under the 8(a) Program,
must be offered to, and accepted by
SBA. Additionally, this rule clarifies an
8(a) participant’s eligibility for award
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Analyst
2020–011
Ryba.
2017–005
2021–012
Jones.
Bowman.
for a two-step design procurement and
clarifies that a concern must be a
current participant in the 8(a) program
at the time of an 8(a) sole-source award.
This rule also implements policy that
allows the SBA to appeal a contracting
officer’s decision that an acquisition
previously procured under the 8(a)
program is a new requirement not
subject to the release requirements set
forth in 13 CFR. Furthermore, this rule
requires the contracting officer to notify
the SBA when the contracting officer
decides that a requirement, previously
procured under the 8(a) program, is a
new requirement and not a follow-on
requirement to an 8(a) contract; and
when the procuring activity intends to
procure a follow-on requirement using
an existing limited contracting vehicle
that is not available to all 8(a)
participants and the current or previous
8(a) contract was available to all 8(a)
participants. Lastly, this rule encourages
the contracting officer to notify the SBA
Associate Administrator for Business
Development at least 30 days prior to
the end of the contract or order when a
mandatory source will be used for a
follow-on requirement to an 8(a)
contract.
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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations
Item IV—Technical Amendments
An administrative change is made at
FAR 52.212–3.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC)
2023–06 is issued under the authority of
the Secretary of Defense, the
Administrator of General Services, and
the Administrator of National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2023–06 is effective October 5,
2023 except for Item I, which is effective
December 4, 2023, and Items II, III, and
IV, which are effective November 6,
2023.
John M. Tenaglia,
Principal Director, Defense Pricing and
Contracting, Department of Defense.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Karla Smith Jackson,
Assistant Administrator for Procurement,
Senior Procurement Executive/Deputy CAO,
National Aeronautics and Space
Administration.
[FR Doc. 2023–21319 Filed 10–4–23; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 4, 9, 13, 39, and 52
[FAC 2023–06; FAR Case 2020–011; Item
I; Docket No. FAR–2020–0011, Sequence
No. 1]
RIN 9000–AO13
Federal Acquisition Regulation:
Implementation of Federal Acquisition
Supply Chain Security Act (FASCSA)
Orders
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule.
ddrumheller on DSK120RN23PROD with RULES3
AGENCY:
DoD, GSA, and NASA are
issuing an interim rule amending the
Federal Acquisition Regulation (FAR) to
implement supply chain risk
information sharing and exclusion or
SUMMARY:
VerDate Sep<11>2014
20:31 Oct 04, 2023
Jkt 262001
removal orders consistent with the
Federal Acquisition Supply Chain
Security Act of 2018 and a final rule
issued by the Federal Acquisition
Security Council.
DATES:
Effective date: December 4, 2023.
Applicability: The FAR changes apply
to solicitations issued on or after
December 4, 2023 in accordance with
FAR 1.108(d).
For existing indefinite delivery
contracts only, contracting officers shall
modify them, in accordance with FAR
1.108(d), to include the FAR clause at
52.204–30, Federal Acquisition Supply
Chain Security Act Orders-Prohibition
(including any applicable alternate)
within 6 months of December 4, 2023,
to apply to future orders. However, for
Federal Supply Schedules,
Governmentwide Acquisition Contracts,
and Multi-Agency Contracts, if the
FASCSA orders are going to be applied
at the order level, then FAR clause
52.204–28 should be included instead,
within 6 months of December 4, 2023.
If exercising an option or modifying
an existing contract or task or delivery
order to extend the period of
performance, contracting officers shall
include the FAR clause at 52.204–30,
Federal Acquisition Supply Chain
Security Act Orders-Prohibition
(including any applicable alternate).
When exercising an option, agencies
should consider modifying the existing
contract to add the clause in a sufficient
amount of time to both provide notice
for exercising the option and to provide
contractors with adequate time to
comply with the clause.
Comment date: Interested parties
should submit written comments to the
Regulatory Secretariat Division at the
address shown below on or before
December 4, 2023 to be considered in
the formation of the final rule.
ADDRESSES: Submit comments in
response to FAC 2023–06, FAR Case
2020–011 to the Federal eRulemaking
portal at https://www.regulations.gov by
searching for ‘‘FAR Case 2020–011’’.
Select the link ‘‘Comment Now’’ that
corresponds with FAR Case 2020–011.
Follow the instructions provided on the
‘‘Comment Now’’ screen. Please include
your name, company name (if any), and
‘‘FAR Case 2020–011’’ on your attached
document. If your comment cannot be
submitted using https://
www.regulations.gov, call or email the
points of contact in the FOR FURTHER
INFORMATION CONTACT section of this
document for alternate instructions.
Instructions: Please submit comments
only and cite ‘‘FAR Case 2020–011’’ in
all correspondence related to this case.
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69503
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. Public comments
may be submitted as an individual, as
an organization, or anonymously (see
frequently asked questions at https://
www.regulations.gov/faq). To confirm
receipt of your comment(s), please
check https://www.regulations.gov,
approximately two to three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Marissa Ryba, Procurement Analyst, at
314–586–1280 or by email at
Marissa.Ryba@gsa.gov. For information
pertaining to status, publication
schedules, or alternate instructions for
submitting comments if https://
www.regulations.gov cannot be used,
contact the Regulatory Secretariat
Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2023–06, FAR Case 2020–011.
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule revises the FAR to
implement section 202 of the Federal
Acquisition Supply Chain Security Act
of 2018 (Title II of the SECURE
Technology Act, Pub. L. 115–390, Dec.
21, 2018), and a final rule issued by the
Federal Acquisition Security Council
(FASC) (August 26, 2021, 86 FR 47581,
effective September 27, 2021).
Foreign adversaries are increasingly
creating and exploiting vulnerabilities
in information and communications
technology to commit malicious cyberenabled actions, including economic
and industrial espionage against the
United States and its citizens.
Vulnerabilities may be introduced
during any phase of the product or
service life cycle, including: design,
development and production,
distribution, acquisition and
deployment, maintenance, and disposal.
These vulnerabilities can include the
incorporation of malicious software,
hardware, and counterfeit components;
flawed product designs; and poor
manufacturing processes and
maintenance procedures.
The U.S. Government’s efforts to
evaluate threats to and vulnerabilities in
supply chains have historically been
undertaken by individual or small
groups of agencies to address specific
supply chain security risks. Because of
the scale of supply chain risks faced by
Government agencies, and the need for
better coordination among a broader
group of agencies, there was an
organized effort within the Executive
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]]>Agencies
[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69502-69503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21319]
[[Page 69501]]
Vol. 88
Thursday,
No. 192
October 5, 2023
Part IV
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Final and Interim Final Rules
Federal Register / Vol. 88 , No. 192 / Thursday, October 5, 2023 /
Rules and Regulations
[[Page 69502]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2023-0051, Sequence No. 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2023-06; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rules.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) in this Federal
Acquisition Circular (FAC) 2023-06. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC.
DATES: For effective dates see the separate documents, which follow.
ADDRESSES: The FAC, including the SECG, is available at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to the FAR case. For information pertaining to
status or publication schedules, contact the Regulatory Secretariat
Division at 202-501-4755 or [email protected].
Rules Listed in FAC 2023-06
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I................ Implementation of 2020-011 Ryba.
Federal Acquisition
Supply Chain
Security Act
(FASCSA) Orders.
II............... Whistleblower 2017-005 Jones.
Protection for
Contractor
Employees.
III.............. 8(a) Program........ 2021-012 Bowman.
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
following these item summaries. FAC 2023-06 amends the FAR as follows:
Item I--Implementation of Federal Acquisition Supply Chain Security Act
(FASCSA) Orders (FAR Case 2020-011)
This interim rule amends the Federal Acquisition Regulation (FAR)
to implement supply chain risk information sharing and exclusion or
removal orders required by the Federal Acquisition Supply Chain
Security Act of 2018 and a final rule issued by the Federal Acquisition
Security Council (FASC).
The FAR is being amended to implement applicable exclusion or
removal orders recommended by the FASC when they are issued by the
Secretary of Homeland Security, the Secretary of Defense, or the
Director of National Intelligence. Offerors will be required to check
both the System for Award Management and individual solicitations for
applicable exclusion orders.
This rule applies to all acquisitions, including acquisitions at or
below the simplified acquisition threshold and to acquisitions of
commercial items, including commercially available off-the-shelf items.
It may have a significant economic impact on a substantial number of
small entities.
Item II--Whistleblower Protection for Contractor Employees (FAR Case
2017-005)
This final rule amends the FAR to implement Public Law 114-261 (41
U.S.C. 4712). The rule enhances whistleblower protection for contractor
employees by making permanent the protection for disclosure of certain
information. It also clarifies that the FAR 31.205-47 prohibition on
reimbursement for legal fees accrued in defense against reprisal claims
applies to subcontractors, as well as contractors.
DoD, NASA and the Coast Guard have a different whistleblower
program for contractor employees.
This final rule will not have a significant economic impact on a
substantial number of small entities.
Item III--8(a) Program Changes (FAR Case 2021-012)
This final rule amends the FAR to update and clarify requirements
associated with the Small Business Administration's (SBA) 8(a) program.
Specifically, this rule clarifies that the certificate of competency
program is not applicable to 8(a) sole-source awards and requires that
BPAs issued under part 13, including orders placed under part 13 BPAs
under the 8(a) Program, must be offered to, and accepted by SBA.
Additionally, this rule clarifies an 8(a) participant's eligibility for
award for a two-step design procurement and clarifies that a concern
must be a current participant in the 8(a) program at the time of an
8(a) sole-source award. This rule also implements policy that allows
the SBA to appeal a contracting officer's decision that an acquisition
previously procured under the 8(a) program is a new requirement not
subject to the release requirements set forth in 13 CFR. Furthermore,
this rule requires the contracting officer to notify the SBA when the
contracting officer decides that a requirement, previously procured
under the 8(a) program, is a new requirement and not a follow-on
requirement to an 8(a) contract; and when the procuring activity
intends to procure a follow-on requirement using an existing limited
contracting vehicle that is not available to all 8(a) participants and
the current or previous 8(a) contract was available to all 8(a)
participants. Lastly, this rule encourages the contracting officer to
notify the SBA Associate Administrator for Business Development at
least 30 days prior to the end of the contract or order when a
mandatory source will be used for a follow-on requirement to an 8(a)
contract.
[[Page 69503]]
Item IV--Technical Amendments
An administrative change is made at FAR 52.212-3.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2023-06 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator of National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2023-06 is
effective October 5, 2023 except for Item I, which is effective
December 4, 2023, and Items II, III, and IV, which are effective
November 6, 2023.
John M. Tenaglia,
Principal Director, Defense Pricing and Contracting, Department of
Defense.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Karla Smith Jackson,
Assistant Administrator for Procurement, Senior Procurement
Executive/Deputy CAO, National Aeronautics and Space Administration.
[FR Doc. 2023-21319 Filed 10-4-23; 8:45 am]
BILLING CODE 6820-EP-P
