Rule2022-20339
Federal Acquisition Regulation; Federal Acquisition Circular 2022-08; Introduction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 23, 2022
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
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) 2022-08. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.
Full Text
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[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Rules and Regulations]
[Pages 58218-58219]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20339]
[[Page 58217]]
Vol. 87
Friday,
No. 184
September 23, 2022
Part III
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 Rules
Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 /
Rules and Regulations
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2022-0051, Sequence No. 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2022-08; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rules.
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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) 2022-08. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC.
DATES: For effective dates see the separate documents, which follow.
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 <a href="/cdn-cgi/l/email-protection#82c5d1c3d0e7e5d1e7e1c2e5f1e3ace5edf4"><span class="__cf_email__" data-cfemail="55120614073032063036153226347b323a23">[email protected]</span></a>.
Rules Listed in FAC 2022-08
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Item Subject FAR case Analyst
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I................. Policy on Joint 2017-019 Jones.
Ventures.
II................ Construction 2018-020 Bowman.
Contract
Administration.
III............... Update of 2019-007 Jones.
Historically
Underutilized
Business Zone
Program.
IV................ Certification of 2020-013 Jones.
Women-Owned
Small Businesses.
V................. Technical
Amendments.
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ADDRESSES: The FAC, including the SECG, is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 2022-08 amends the FAR as follows:
Item I--Policy on Joint Ventures (FAR Case 2017-019)
This final rule amends the Federal Acquisition Regulation (FAR) to
align with the Small Business Administration (SBA) regulations
regarding mentor-prot[eacute]g[eacute] joint ventures and to provide
clarification regarding joint ventures under the 8(a) Program. The
changes will allow mentor-prot[eacute]g[eacute] joint ventures to
qualify as small businesses, or to qualify under a socioeconomic
program for the purposes of participation in procurements under FAR
part 19. In addition, this rule provides consistent guidance to
contracting officers on how to handle joint ventures under the 8(a)
Program and the small business socioeconomic programs.
Item II--Construction Contract Administration (FAR Case 2018-020)
This final rule amends the FAR to implement section 855 of the of
the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232), codified at 15 U.S.C. 644(w) in the Small
Business Act. Section 855 requires Federal agencies to provide a
notice, along with solicitations for construction contracts anticipated
to be awarded to small businesses, to prospective offerors that
includes information about the agency's policies or practices in
complying with FAR requirements related to the timely definitization of
requests for equitable adjustment on construction contracts. The notice
must include data regarding the time it took the agency to definitize
requests for equitable adjustment on construction contracts for the
three-year period preceding the issuance of the notice.
The final FAR rule requires contracting officers to transmit in the
solicitation notice on the Governmentwide point of entry information in
construction solicitations anticipated to be awarded to a small
business pursuant to part 19, that includes a description of agency-
specific policies or procedures regarding definitization of equitable
adjustments for change orders under construction contracts.
Additionally, agencies are required to include past performance data in
the solicitation notice, for the three fiscal years preceding the
issuance of the solicitation notice, regarding the time required to
definitize equitable adjustments for change orders under construction
contracts using the table format provided in the FAR text, or provide
the address of an agency-specific, publicly accessible website
containing this information. The final rule also describes an adequate
change order definitization proposal as containing sufficient
information to enable the contracting officer to conduct meaningful
analyses and audits of the information contained in the proposal.
Item III--Update of Historically Underutilized Business Zone Program
(FAR Case 2019-007)
This final rule amends the FAR to implement changes to the SBA
regulations for the Historically Underutilized Business Zone (HUBZone)
Program. This rule specifies that SBA now certifies HUBZone small
business concerns and HUBZone entities are no longer required to
represent their HUBZone status with each offer. In addition,
contracting officers may now award HUBZone set-aside and sole-source
contracts at or below the simplified acquisition threshold. This rule
also makes minor changes to the HUBZone protest procedures.
Item IV--Certification of Women-Owned Small Businesses (FAR Case 2020-
013)
This final rule amends the FAR to align with SBA's regulations
regarding certification of economically disadvantaged women-owned small
business (EDWOSB) concerns and
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women-owned small business (WOSB) concerns. This rule requires EDWOSBs
and WOSBs participating in the Women-Owned Small Business Program (the
Program) to apply for certification through SBA or a SBA-approved
third-party certifier to be eligible for WOSB or EDWOSB set-aside or
sole-source contracts. EDWOSB and WOSB concerns that are not certified
will not be eligible for set-aside and sole-source contracts under the
Program. WOSBs that do not participate in the Program may continue to
represent their status, be awarded contracts outside the Program, and
these contracts will continue to count toward an agency's goal for
awards to WOSBs.
Item V--Technical Amendments
Administrative changes are made at FAR 4.1202, 19.102, and 19.309.
The date change is to provide additional time to implement the policy
addressing the assignment of North American Industry Classification
System codes to orders placed under multiple award contracts, as
covered by changes made by FAR case 2014-002, Set-Asides Under Multiple
Award Contracts.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2022-08 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 2022-08 is
effective September 23, 2022 except for Items I through IV, which are
effective October 28, 2022.
John M. Tenaglia,
Principal Director, Defense Pricing and Contracting, Department of
Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition
Policy, U.S. General Services Administration.
Karla Smith Jackson,
Assistant Administrator for Procurement, Senior Procurement
Executive, National Aeronautics and Space Administration.
[FR Doc. 2022-20339 Filed 9-22-22; 8:45 am]
BILLING CODE 6820-EP-P
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