Federal Acquisition Regulation; Federal Acquisition Circular 2024-05; Small Entity Compliance Guide, 30256 [2024-07933]
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30256
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide
(SECG).
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
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)
2024–05, which amends the Federal
Acquisition Regulation (FAR).
Interested parties may obtain further
information regarding these rules by
referring to FAC 2024–05, which also
SUMMARY:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2024–0051, Sequence No.
3]
Federal Acquisition Regulation;
Federal Acquisition Circular 2024–05;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
published in this issue of the Federal
Register.
DATES:
April 22, 2024.
The FAC, including the
SECG, is available at https://
www.regulations.gov.
ADDRESSES:
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2024–05 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:
RULES LISTED IN FAC 2024–05
Item
Subject
*I .............................
II .............................
Sustainable Procurement ...........................................................................................
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
2024–05 amends the FAR as follows:
Item I—Sustainable Procurement (FAR
Case 2022–006)
lotter on DSK11XQN23PROD with RULES8
This final rule amends the Federal
Acquisition Regulation (FAR) to
restructure and update FAR part 23 to
focus on current environmental and
sustainability matters and to implement
a requirement for agencies to procure
sustainable products and services to the
maximum extent practicable. As a result
of this rule, content related to
sustainable products and services,
energy savings performance contracts,
hazardous and radioactive materials,
pollution prevention at Federal
facilities, and greenhouse gases are
consolidated into single subparts at FAR
subpart 23.1, 23.2, 23.3, 23.4, and 23.5,
VerDate Sep<11>2014
10:04 Apr 20, 2024
Jkt 253001
FAR case
respectively. Non-environmental
matters, to include requirements for a
drug-free workplace and encouraging
contractors to ban texting while driving,
are moved to FAR part 26. The existing
statutory and other Environmental
Protection Agency (EPA) purchasing
program requirements (previously
implemented in FAR subparts 23.2,
23.4, 23.7, and 23.8) are consolidated in
FAR subpart 23.1. This rule will require
agencies to specify in the statement of
work, or elsewhere in the contract, the
sustainable products and services,
including the purchasing programs and
types of products or services, that are
applicable to the acquisition. A new
omnibus contract clause at FAR 52.223–
23, Sustainable Products and Services,
will require contractors to ensure the
sustainable products and services
identified in the contract are delivered,
incorporated, or furnished under the
contract. The rule also updates agency
requirements for construction and
architect-engineer contracts at FAR
36.104(b)(1) to align with the Council on
PO 00000
Frm 00002
Fmt 4701
Sfmt 9990
2022–006
Analyst
Hawes.
Environmental Quality’s Guiding
Principles for Federal Leadership in
High-Performance and Sustainable
Buildings. The final rule may have a
significant economic impact on a
substantial number of small entities
who compete on Federal contracts.
These entities will need to ensure that
they are offering and delivering
sustainable products and services, as
specified in agency solicitations and
contracts.
Item II—Technical Amendments
An administrative change is made at
FAR 1.106, 1.401, 4.1702, 5.704, 8.402,
8.404, 8.405–1, 8.405–2, 8.405–3, 8.405–
6, 16.505, 19.305, 19.507, 28.203–1,
31.205–40, 39.000, and 52.212–3.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2024–07933 Filed 4–19–24; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\22APR8.SGM
22APR8
Agencies
[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Rules and Regulations]
[Page 30256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07933]
[[Page 30255]]
Vol. 89
Monday,
No. 78
April 22, 2024
Part VIII
Department of Defense
-----------------------------------------------------------------------
General Services Administration
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National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulation; Federal Acquisition Circular 2024-05;
Small Entity Compliance Guide
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Rules
and Regulations
[[Page 30256]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2024-0051, Sequence No. 3]
Federal Acquisition Regulation; Federal Acquisition Circular
2024-05; 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) 2024-05, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding these rules by referring to FAC 2024-05,
which also published in this issue of the Federal Register.
DATES: April 22, 2024.
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
2024-05 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 2024-05
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
*I................................ Sustainable Procurement.. 2022-006 Hawes.
II................................ 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 2024-05 amends the FAR as follows:
Item I--Sustainable Procurement (FAR Case 2022-006)
This final rule amends the Federal Acquisition Regulation (FAR) to
restructure and update FAR part 23 to focus on current environmental
and sustainability matters and to implement a requirement for agencies
to procure sustainable products and services to the maximum extent
practicable. As a result of this rule, content related to sustainable
products and services, energy savings performance contracts, hazardous
and radioactive materials, pollution prevention at Federal facilities,
and greenhouse gases are consolidated into single subparts at FAR
subpart 23.1, 23.2, 23.3, 23.4, and 23.5, respectively. Non-
environmental matters, to include requirements for a drug-free
workplace and encouraging contractors to ban texting while driving, are
moved to FAR part 26. The existing statutory and other Environmental
Protection Agency (EPA) purchasing program requirements (previously
implemented in FAR subparts 23.2, 23.4, 23.7, and 23.8) are
consolidated in FAR subpart 23.1. This rule will require agencies to
specify in the statement of work, or elsewhere in the contract, the
sustainable products and services, including the purchasing programs
and types of products or services, that are applicable to the
acquisition. A new omnibus contract clause at FAR 52.223-23,
Sustainable Products and Services, will require contractors to ensure
the sustainable products and services identified in the contract are
delivered, incorporated, or furnished under the contract. The rule also
updates agency requirements for construction and architect-engineer
contracts at FAR 36.104(b)(1) to align with the Council on
Environmental Quality's Guiding Principles for Federal Leadership in
High-Performance and Sustainable Buildings. The final rule may have a
significant economic impact on a substantial number of small entities
who compete on Federal contracts. These entities will need to ensure
that they are offering and delivering sustainable products and
services, as specified in agency solicitations and contracts.
Item II--Technical Amendments
An administrative change is made at FAR 1.106, 1.401, 4.1702,
5.704, 8.402, 8.404, 8.405-1, 8.405-2, 8.405-3, 8.405-6, 16.505,
19.305, 19.507, 28.203-1, 31.205-40, 39.000, and 52.212-3.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2024-07933 Filed 4-19-24; 8:45 am]
BILLING CODE 6820-EP-P