Federal Acquisition Regulation; Technical Amendments, 61338-61339 [2024-16284]

Download as PDF 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 Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 / Rules and Regulations 52.207–6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts). ■ * 52.244–5 * * * * Solicitation of Offers From Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) * * * * * (a) * * * (2) * * * (ii) For DoD, may include two business concerns in a mentor-protégé relationship in the Department of Defense 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 MentorProtégé Program; and * * * * * ■ 11. Amend section 52.213–4 by: ■ a. Revising the date of the clause; and ■ b. In paragraph (b)(2)(v), removing the date ‘‘NOV 1991’’ and adding ‘‘JAN 1991’’ in its place. The revision reads as follows: 14. Amend section 52.244–5 by revising the date of the clause and paragraph (b) to read as follows: * * * * * * * (b) If the Contractor is an approved mentor under the DoD Mentor-Protégé Program (10 U.S.C. 4902), the Contractor may award subcontracts under this contract on a noncompetitive basis to its protégés. * * * * * 15. Amend section 52.246–26 by— a. Revising the date of the clause; and ■ b. In paragraph (e), removing the web address ‘‘https://www.gidep.org/about/ opmanual/opmanual.htm’’ and adding the web address ‘‘https:// www.gidep.org/login?returnUrl= %2Fdashboard’’ in its place. The revision reads as follows: ■ ■ * * * * * 52.223–11 * * * * * Reporting Nonconforming Items (Aug 2024) * * * * * * PART 53—FORMS 16. Amend section 53.236–2 by revising paragraph (a) to read as follows: ■ 53.236–2 Architect-engineer services (SF’s 252 and 330). [Amended] 12. Amend section 52.223–11, in the introductory text, by removing the text ‘‘in in 23.109(d)(1)’’ and adding the text ‘‘in 23.109(d)(1)’’ in its place. ■ 52.223–21 48 CFR Chapter 1 * * * NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Competition in Subcontracting (Aug 2024) 52.213–4 Terms and Conditions— Simplified Acquisitions (Other Than Commercial Products and Commercial Services). * GENERAL SERVICES ADMINISTRATION * Reporting Nonconforming * DEPARTMENT OF DEFENSE Competition in Subcontracting. * 52.246–26 Items. Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Aug 2024) [Amended] 13. Amend section 52.223–21, in the introductory text, by removing the text ‘‘in in 23.109(d)(4)’’ and adding the text ‘‘in 23.109(d)(4)’’ in its place. ■ * * * * * (a) SF 252 (Rev. 10/23), ArchitectEngineer Contract. SF 252 is prescribed for use in awarding fixed-price contracts for architect-engineer services, as specified in 36.702(a). * * * * * [FR Doc. 2024–16284 Filed 7–29–24; 8:45 am] BILLING CODE 6820–EP–P [Docket No. FAR–2024–0051, Sequence No. 4] Federal Acquisition Regulation; Federal Acquisition Circular 2024–06; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide (SECG). AGENCY: 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) 2024–06, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2024–06, which precedes this document. DATES: July 30, 2024. ADDRESSES: The FAC, including the SECG, is available at https:// www.regulations.gov. SUMMARY: For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2024–06 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: khammond on DSKJM1Z7X2PROD with RULES4 RULES LISTED IN FAC 2024–06 Item Subject * I ................. * II ................ III ................. IV ................. Reverse Auction Guidance ......................................................................... Protests of Orders Set Aside for Small Business ....................................... Limitation of Authority Regarding Extraordinary Contractual Actions ........ Technical Amendments. VerDate Sep<11>2014 17:04 Jul 29, 2024 Jkt 262001 PO 00000 61339 Frm 00015 FAR Case Fmt 4701 Sfmt 4700 Analyst 2015–038 2021–009 2023–007 E:\FR\FM\30JYR4.SGM Jackson. Bowman. Jones. 30JYR4

Agencies

[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Rules and Regulations]
[Pages 61338-61339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16284]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

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

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: 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 [email protected]. 
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.

List of Subjects in 48 CFR Parts 2, 11, 17, 19, 23, 25, 52, and 53

    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:

0
1. The authority citation for 48 CFR parts 2, 11, 17, 19, 23, 25, 52, 
and 53 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

0
2. Amend section 2.101 by--
0
a. Removing the definition of ``Ozone-depleting substance''; and
0
b. In the definition of ``Small Business Teaming Arrangement'', 
revising paragraph (2)(ii) to read as follows:


2.101  Definitions.

* * * * *
    Small Business Teaming Arrangement--
* * * * *
    (2) * * *
    (ii) For DoD, may include two business concerns in a mentor-
prot[eacute]g[eacute] relationship in the DoD Mentor-
Prot[eacute]g[eacute] Program (see 10 U.S.C. 4902) when both the mentor 
and the prot[eacute]g[eacute] are small. There is no exception to joint 
venture size affiliation for offers received from teaming arrangements 
under the DoD Mentor-Prot[eacute]g[eacute] Program; and
* * * * *

PART 11--DESCRIBING AGENCY NEEDS


11.602  [Amended]

0
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/other-areas/strategic-industries-and-economic-security-sies/defense-priorities-a-allocations-system-program-dpas'' in its place.

PART 17--SPECIAL CONTRACTING METHODS

0
4. Amend section 17.104, in paragraph (c), by revising the first 
sentence to read as follows:


17.104  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. * * *
* * * * *

PART 19--SMALL BUSINESS PROGRAMS

0
5. Amend section 19.202-1 by revising paragraph (b) to read as follows:


19.202-1  Encouraging small business participation in acquisitions.

* * * * *
    (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).
* * * * *


19.702  [Amended]

0
6. Amend section 19.702, in paragraph (d), by removing the word 
``Pilot''.

PART 23--ENVIRONMENT, SUSTAINABLE ACQUISITION, AND MATERIAL SAFETY


23.301  [Amended]

0
7. Amend section 23.301 by removing ``No. 313 (Federal'' and adding 
``No. 313. Federal'' in its place.

PART 25--FOREIGN ACQUISITION

0
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.

* * * * *
    (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.
0



25.701  [Amended]

0
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/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists'' and ``https://ofac.treasury.gov/'' in their places, respectively.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
10. Amend section 52.207-6 by revising the date of the provision and 
paragraph (a)(2)(ii) to read as follows:

[[Page 61339]]

52.207-6  Solicitation of Offers from Small Business Concerns and Small 
Business Teaming Arrangements or Joint Ventures (Multiple-Award 
Contracts).

* * * * *

Solicitation of Offers From Small Business Concerns and Small Business 
Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 
2024)

* * * * *
    (a) * * *
    (2) * * *
    (ii) For DoD, may include two business concerns in a mentor-
prot[eacute]g[eacute] relationship in the Department of Defense Mentor-
Prot[eacute]g[eacute] Program (see 10 U.S.C. 4902) when both the mentor 
and the prot[eacute]g[eacute] are small. There is no exception to joint 
venture size affiliation for offers received from teaming arrangements 
under the DoD Mentor-Prot[eacute]g[eacute] Program; and
* * * * *

0
11. Amend section 52.213-4 by:
0
a. Revising the date of the clause; and
0
b. In paragraph (b)(2)(v), removing the date ``NOV 1991'' and adding 
``JAN 1991'' 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) (Aug 2024)

* * * * *


52.223-11  [Amended]

0
12. Amend section 52.223-11, in the introductory text, by removing the 
text ``in in 23.109(d)(1)'' and adding the text ``in 23.109(d)(1)'' in 
its place.


52.223-21  [Amended]

0
13. Amend section 52.223-21, in the introductory text, by removing the 
text ``in in 23.109(d)(4)'' and adding the text ``in 23.109(d)(4)'' in 
its place.

0
14. Amend section 52.244-5 by revising the date of the clause and 
paragraph (b) to read as follows:


52.244-5  Competition in Subcontracting.

* * * * *

Competition in Subcontracting (Aug 2024)

* * * * *
    (b) If the Contractor is an approved mentor under the DoD Mentor-
Prot[eacute]g[eacute] Program (10 U.S.C. 4902), the Contractor may 
award subcontracts under this contract on a noncompetitive basis to its 
prot[eacute]g[eacute]s.
* * * * *

0
15. Amend section 52.246-26 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (e), removing the web address ``https://www.gidep.org/about/opmanual/opmanual.htm'' and adding the web address ``https://www.gidep.org/login?returnUrl=%2Fdashboard'' in its place.
    The revision reads as follows:


52.246-26  Reporting Nonconforming Items.

* * * * *

Reporting Nonconforming Items (Aug 2024)

* * * * *

PART 53--FORMS

0
16. Amend section 53.236-2 by revising paragraph (a) to read as 
follows:


53.236-2  Architect-engineer services (SF's 252 and 330).

* * * * *
    (a) SF 252 (Rev. 10/23), Architect-Engineer Contract. SF 252 is 
prescribed for use in awarding fixed-price contracts for architect-
engineer services, as specified in 36.702(a).
* * * * *
[FR Doc. 2024-16284 Filed 7-29-24; 8:45 am]
BILLING CODE 6820-EP-P
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