Federal Acquisition Regulation; Federal Acquisition Circular 2023-06; Small Entity Compliance Guide, 69526-69527 [2023-21324]
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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations
Regulation (FAR) in order to make
needed editorial changes.
DATES: Effective November 6, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Lois Mandell, Regulatory Secretariat
Division (MVCB), at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2023–06, Technical Amendments.
SUPPLEMENTARY INFORMATION: This
document makes editorial changes to 48
CFR part 52.
List of Subjects in 48 CFR Part 52
Government procurement.
and adding ‘‘b (1) Maintenance’’ in its
place; and
■ c. Removing from paragraph (k)(2)
introductory text ‘‘(2) b Certain’’ and
adding ‘‘b (2) Certain’’ in its place.
The revision reads as follows:
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide
(SECG).
*
*
*
*
*
Offeror Representations and Certifications—
Commercial Products and Commercial
Services (NOV 2023)
*
*
*
*
*
[FR Doc. 2023–21323 Filed 10–4–23; 8:45 am]
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
Therefore, DoD, GSA, and NASA
amend 48 CFR part 52 as set forth
below:
GENERAL SERVICES
ADMINISTRATION
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
1. The authority citation for 48 CFR
part 52 continues to read as follows:
■
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
2. Amend section 52.212–3 by—
a. Revising the date of the provision;
b. Removing from paragraph (k)(1)
introductory text ‘‘(1) b Maintenance’’
■
■
■
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2023–06 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:
48 CFR Chapter 1
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.
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)
2023–06, which amends the Federal
Acquisition Regulation (FAR).
Interested parties may obtain further
information regarding these rules by
referring to FAC 2023–06, which
precedes this document.
DATES: October 5, 2023.
ADDRESSES: The FAC, including the
SECG, is available at https://
www.regulations.gov.
SUMMARY:
52.212–3 Offeror Representations and
Certifications—Commercial Products and
Commercial Services.
[Docket No. FAR–2023–0051, Sequence No.
5]
Federal Acquisition Regulation;
Federal Acquisition Circular 2023–06;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
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).
VerDate Sep<11>2014
20:31 Oct 04, 2023
Jkt 262001
FAR case
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
economic impact on a substantial
number of small entities.
PO 00000
Frm 00026
Fmt 4701
Sfmt 4700
Analyst
2020–011
Ryba.
2017–005
2021–012
Jones.
Bowman.
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.
E:\FR\FM\05OCR3.SGM
05OCR3
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES3
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.
VerDate Sep<11>2014
20:31 Oct 04, 2023
Jkt 262001
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)
PO 00000
Frm 00027
Fmt 4701
Sfmt 9990
69527
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.
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.
[FR Doc. 2023–21324 Filed 10–4–23; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\05OCR3.SGM
05OCR3
]]>Agencies
[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69526-69527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21324]
-----------------------------------------------------------------------
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; 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) 2023-06, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding these rules by referring to FAC 2023-06,
which precedes this document.
DATES: October 5, 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
2023-06 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 2023-06
------------------------------------------------------------------------
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.
[[Page 69527]]
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.
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.
[FR Doc. 2023-21324 Filed 10-4-23; 8:45 am]
BILLING CODE 6820-EP-P
