Rule2022-25962
Federal Acquisition Regulation; Federal Acquisition Circular 2023-01; Small Entity Compliance Guide
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
December 1, 2022
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
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) 2023-01, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2023-01, which precedes this document.
Full Text
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<title>Federal Register, Volume 87 Issue 230 (Thursday, December 1, 2022)</title>
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[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Rules and Regulations]
[Pages 73889-73890]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25962]
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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. 6]
Federal Acquisition Regulation; Federal Acquisition Circular
2023-01; 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).
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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) 2023-01, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding these rules by referring to FAC 2023-01,
which precedes this document.
DATES: December 1, 2022.
ADDRESSES: The FAC, including the SECG, is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2023-01 and the FAR Case number. 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#4c0b1f0d1e292b1f292f0c2b3f2d622b233a"><span class="__cf_email__" data-cfemail="2e697d6f7c4b497d4b4d6e495d4f00494158">[email protected]</span></a>. An asterisk (*) next to a rule
indicates that a regulatory flexibility analysis has been prepared.
Rules Listed in FAC 2023-01
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Item Subject FAR case Analyst
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I...................................... Updates to Title 10 2022-005 Moore.
Citations.
*II.................................... Effective Communication 2016-005 Jackson.
Between Government and
Industry.
*III................................... United States-Mexico- 2020-014 Jackson.
Canada Agreement.
IV..................................... Technical Amendments......
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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
[[Page 73890]]
following these item summaries. FAC 2023-01 amends the FAR as follows:
Item I--Update to Title 10 Citations (FAR Case 2022-005)
This final rule amends the Federal Acquisition Regulation to update
statutory references to Title 10 of the United States Code, which were
revised by Title XVIII of the William M. (Mac) Thornberry National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L.
116-283), Transfer and Reorganization of Defense Acquisition Statutes,
and Title XVII of the NDAA for FY 2022 (Pub. L. 117-81), Technical
Amendments Related to the Transfer and Reorganization of Defense
Acquisition Statutes. The final rule will not have a significant
economic impact on a substantial number of small entities because it
simply updates statutory references in existing regulations.
Item II--Effective Communication between Government and Industry (FAR
Case 2016-005)
This final rule amends the FAR to implement section 887 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016
(Pub. L. 114-92). This rule clarifies that agency acquisition personnel
are permitted and encouraged to engage in responsible and constructive
exchanges with industry, so long as those exchanges are consistent with
existing laws and regulations, and do not promote an unfair competitive
advantage to particular firms.
DoD, GSA, and NASA do not expect this final rule to have a
significant economic impact on a substantial number of small entities.
Any effect to small businesses should be positive. Small businesses
will benefit from better communication with the Government.
Item III--United States-Mexico-Canada Agreement (FAR Case 2020-014)
This final rule implements the United States-Mexico-Canada
Agreement Implementation Act (Pub. L. 116-113). The rule makes changes
in the FAR to conform to Chapter 13 of the United States-Mexico-Canada
Agreement (USMCA), which sets forth certain obligations between the
United States and Mexico with respect to Government procurement of
goods and services, as specified in Annex 13-A of the USMCA. Chapter 13
of the USMCA applies only between Mexico and the United States and does
not cover Canada. Although Canada is still a designated country under
the World Trade Organization Government Procurement Agreement, Canada
is no longer a Free Trade Agreement country. Therefore, references to
Canada as a Free Trade Agreement country in the FAR are deleted,
including the $25,000 threshold. DoD, GSA, and NASA do not expect this
rule to have a significant economic impact on a substantial number of
small entities. The effect on contracting officers is expected to be
minimal as they will continue to apply the rule implementing the USMCA
to contracts to which the North American Free Trade Agreement (NAFTA)
applied, at the higher threshold for Mexico.
Item IV--Technical Amendments
Administrative changes are made at FAR 17.701, and 53.300.
William F. Clark,
Director, Office of Government-Wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-Wide Policy.
[FR Doc. 2022-25962 Filed 11-30-22; 8:45 am]
BILLING CODE 6820-EP-P
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