Federal Acquisition Regulation: Limitation of Authority Regarding Extraordinary Contractual Actions, 61337-61338 [2024-16283]

Download as PDF Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 / Rules and Regulations 5. Amend section 19.308 by revising paragraph (e)(1) to read as follows: ■ 19.308 Protesting a firm’s status as an economically disadvantaged women-owned small business concern or women-owned small business concern eligible under the Women-Owned Small Business Program. * * * * * (e) Protest by an interested party.(1) An offeror shall submit its protest to the contracting officer— (i) To be received by the close of business by the fifth business day after bid opening for sealed bid acquisitions; (ii) To be received by the close of business by the fifth business day after receipt of the special notification from the contracting officer (see 15.503(a)(2)) that identifies the apparently successful offeror for negotiated acquisitions including— (A) Orders placed under multipleaward contracts where the contracting officer requested rerepresentation for the order (see 13 CFR 127.603(c)(1)); and (B) Orders set aside for EDWOSB or WOSB concerns under multiple-award contracts that are not partially or totally set aside or reserved for EDWOSB or WOSB concerns (see 13 CFR 127.603(c)(1)), except for orders and blanket purchase agreements placed under a Federal Supply Schedule contract (see 8.405 and 19.302(d)(5)); or (iii) To be received by the close of business on the fifth business day after receipt of notification using other communication means when written notification is not required. * * * * * [FR Doc. 2024–16282 Filed 7–29–24; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 50 [FAC 2024–06; FAR Case 2023–007, Item III; Docket No. FAR–2023–0007, Sequence No. 1] khammond on DSKJM1Z7X2PROD with RULES4 RIN 9000–AO55 Federal Acquisition Regulation: Limitation of Authority Regarding Extraordinary Contractual Actions Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: VerDate Sep<11>2014 17:04 Jul 29, 2024 Jkt 262001 DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement a section of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, to increase the approval threshold for Congressional committee notification. DATES: Effective August 29, 2024. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Malissa Jones, Procurement Analyst, at 571– 882–4687 or by email at malissa.jones@ 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 2024–06, FAR Case 2023–007. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD, GSA, and NASA are amending the FAR to implement section 822(a)(3) of the James M. Inhofe National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023, which increased the Congressional committee notification threshold under Public Law 85–804 (41 U.S.C. 1431) to $150 million. 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 have a significant effect or impose any new requirements on contractors or offerors. The rule simply amends FAR 50.102– 3(b)(4) to increase the Congressional committee notification threshold to $150 million. This change will reflect the new threshold in 50 U.S.C. 1431. 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 FAR 50.102–3(b)(4) to increase the Congressional committee notification threshold to $150 million PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 61337 reflecting the new threshold in 50 U.S.C. 1431. This rule does not impose any new requirements on contracts at or below the SAT, or to acquisitions for commercial products and commercial services, including COTS items. IV. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 (as amended by E.O. 14094) and 13563 direct agencies to assess 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 Pursuant to the Congressional Review Act, DoD, GSA, and NASA will send this rule 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 rule does not meet the standards under 5 U.S.C 804(2). 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 The 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 Part 50 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 part 50 as set forth below: E:\FR\FM\30JYR4.SGM 30JYR4 61338 Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 / Rules and Regulations 1. The authority citation for 48 CFR parts 2, 11, 17, 19, 23, 25, 52, and 53 continues to read as follows: ■ PART 50—EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT 1. The authority citation for 48 CFR part 50 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. 50.102–3 [Amended] 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. [FR Doc. 2024–16283 Filed 7–29–24; 8:45 am] 2.101 19.702 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 11, 17, 19, 23, 25, 52, and 53 [FAC 2024–06; Item IV; Docket No. FAR– 2024–0052; Sequence No. 2] Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: This document amends the Federal Acquisition Regulation (FAR) to make needed editorial changes. DATES: Effective: August 29, 2024. FOR FURTHER INFORMATION CONTACT: Ms. Lois Mandell, Regulatory Secretariat Division (MVCB), at 202–501–4755 or GSARegSec@gsa.gov. Please cite FAC 2024–06, Technical Amendments. SUPPLEMENTARY INFORMATION: This document makes editorial changes to 48 CFR parts 2, 11, 17, 19, 23, 25, 52, and 53. SUMMARY: List of Subjects in 48 CFR Parts 2, 11, 17, 19, 23, 25, 52, and 53 khammond on DSKJM1Z7X2PROD with RULES4 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, 11, 17, 19, 23, 25, 52, and 53 as set forth below: VerDate Sep<11>2014 17:04 Jul 29, 2024 Jkt 262001 Definitions. * GENERAL SERVICES ADMINISTRATION 19.202–1 Encouraging small business participation in acquisitions. 2. Amend section 2.101 by— a. Removing the definition of ‘‘Ozonedepleting substance’’; and ■ b. In the definition of ‘‘Small Business Teaming Arrangement’’, revising paragraph (2)(ii) to read as follows: ■ BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE 5. Amend section 19.202–1 by revising paragraph (b) to read as follows: ■ * * * * (b) Plan acquisitions such that, if practicable, more than one small business concern may perform the work, if the work exceeds the amount for which a surety may be guaranteed by SBA against loss under 15 U.S.C. 694b (see definition of ‘‘Applicable Statutory Limit’’ at 13 CFR 115.10). * * * * * PART 2—DEFINITIONS OF WORDS AND TERMS ■ 2. Amend section 50.102–3 in paragraph (b)(4) by removing ‘‘$35 million’’ and adding ‘‘$150 million’’ in its place. ■ PART 19—SMALL BUSINESS PROGRAMS * * * * Small Business Teaming Arrangement— * * * * * (2) * * * (ii) For DoD, may include two business concerns in a mentor-protégé relationship in the DoD Mentor-Protégé Program (see 10 U.S.C. 4902) when both the mentor and the protégé are small. There is no exception to joint venture size affiliation for offers received from teaming arrangements under the DoD Mentor-Protégé Program; and * * * * * PART 11—DESCRIBING AGENCY NEEDS 11.602 [Amended] 3. Amend section 11.602, in paragraph (b), by removing the web address ‘‘www.bis.doc.gov/dpas’’ and adding the web address ‘‘https:// www.bis.doc.gov/index.php/otherareas/strategic-industries-andeconomic-security-sies/defensepriorities-a-allocations-system-programdpas’’ in its place. PART 17—SPECIAL CONTRACTING METHODS 4. Amend section 17.104, in paragraph (c), by revising the first sentence to read as follows: ■ General. * * * * * (c) Agency funding of multiyear contracts shall conform to the policies in OMB Circular A–11 (Preparation, Submission, and Execution of the Budget) and other applicable guidance regarding the funding of multiyear contracts. * * * * * * * * PO 00000 Frm 00014 Fmt 4701 [Amended] 6. Amend section 19.702, in paragraph (d), by removing the word ‘‘Pilot’’. ■ PART 23—ENVIRONMENT, SUSTAINABLE ACQUISITION, AND MATERIAL SAFETY 23.301 [Amended] 7. Amend section 23.301 by removing ‘‘No. 313 (Federal’’ and adding ‘‘No. 313. Federal’’ in its place. ■ PART 25—FOREIGN ACQUISITION 8. Amend section 25.403 by adding paragraph (c)(2) to read as follows: ■ 25.403 World Trade Organization Government Procurement Agreement and Free Trade Agreements. * ■ 17.104 * Sfmt 4700 * * * * (c) * * * (2) This restriction does not apply to purchases of supplies by the Department of Defense from a country with which it has entered into a reciprocal agreement, as provided in departmental regulations. ■ 25.701 [Amended] 9. Amend section 25.701, in paragraph (b), by removing the web addresses ‘‘https://www.treas.gov/offices/ enforcement/ofac/sdn’’ and ‘‘https:// www.treas.gov/offices/enforcement/ ofac’’ and adding the web addresses ‘‘https://ofac.treasury.gov/speciallydesignated-nationals-and-blockedpersons-list-sdn-human-readable-lists’’ and ‘‘https://ofac.treasury.gov/’’ in their places, respectively. ■ PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 10. Amend section 52.207–6 by revising the date of the provision and paragraph (a)(2)(ii) to read as follows: ■ E:\FR\FM\30JYR4.SGM 30JYR4

Agencies

[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Rules and Regulations]
[Pages 61337-61338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16283]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 50

[FAC 2024-06; FAR Case 2023-007, Item III; Docket No. FAR-2023-0007, 
Sequence No. 1]
RIN 9000-AO55


Federal Acquisition Regulation: Limitation of Authority Regarding 
Extraordinary Contractual Actions

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 a section of the 
James M. Inhofe National Defense Authorization Act for Fiscal Year 
2023, to increase the approval threshold for Congressional committee 
notification.

DATES: Effective August 29, 2024.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Malissa Jones, Procurement Analyst, at 571-882-4687 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 2024-06, FAR Case 
2023-007.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are amending the FAR to implement section 
822(a)(3) of the James M. Inhofe National Defense Authorization Act 
(NDAA) for Fiscal Year (FY) 2023, which increased the Congressional 
committee notification threshold under Public Law 85-804 (41 U.S.C. 
1431) to $150 million.

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 have a significant effect or impose any new 
requirements on contractors or offerors. The rule simply amends FAR 
50.102-3(b)(4) to increase the Congressional committee notification 
threshold to $150 million. This change will reflect the new threshold 
in 50 U.S.C. 1431.

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 FAR 50.102-3(b)(4) to increase the Congressional 
committee notification threshold to $150 million reflecting the new 
threshold in 50 U.S.C. 1431. This rule does not impose any new 
requirements on contracts at or below the SAT, or to acquisitions for 
commercial products and commercial services, including COTS items.

IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 (as amended by E.O. 14094) and 13563 
direct agencies to assess 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

    Pursuant to the Congressional Review Act, DoD, GSA, and NASA will 
send this rule 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 rule does not meet the standards under 5 U.S.C 804(2).

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

    The 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 Part 50

    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 part 50 as set forth 
below:

[[Page 61338]]

PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

0
1. The authority citation for 48 CFR part 50 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.


50.102-3  [Amended]

0
2. Amend section 50.102-3 in paragraph (b)(4) by removing ``$35 
million'' and adding ``$150 million'' in its place.

[FR Doc. 2024-16283 Filed 7-29-24; 8:45 am]
BILLING CODE 6820-EP-P

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