Rule2023-02424
Federal Acquisition Regulation; Federal Acquisition Circular 2023-02; 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
February 14, 2023
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) 2023-02. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.
Full Text
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[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Rules and Regulations]
[Page 9730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02424]
[[Page 9729]]
Vol. 88
Tuesday,
No. 30
February 14, 2023
Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Final Rules
Federal Register / Vol. 88 , No. 30 / Tuesday, February 14, 2023 /
Rules and Regulations
[[Page 9730]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2023-0051, Sequence No. 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2023-02; 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) 2023-02. 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#e8afbba9ba8d8fbb8d8ba88f9b89c68f879e"><span class="__cf_email__" data-cfemail="c483978596a1a397a1a784a3b7a5eaa3abb2">[email protected]</span></a>.
Rules Listed in FAC 2023-02
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Item Subject FAR case Analyst
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I.................... Accelerated 2020-007 Delgado.
Payments
Applicable to
Contracts with
Certain Small
Business
Concerns.
II................... Small Business 2019-008 Jones.
Program
Amendments.
III.................. 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 2023-02 amends the FAR as follows:
Item I--Accelerated Payments Applicable to Contracts With Certain Small
Business Concerns (FAR Case 2020-007)
This final rule provides for accelerated payments to contractors
that are small businesses and to small business subcontractors by
accelerating payments to their prime contractors. The rule implements
section 873 of the National Defense Authorization Act (NDAA) for Fiscal
Year (FY) 2020 (Pub. L. 116-92), which amends 31 U.S.C. 3903(a). The
rule also implements section 815 of the William M. (Mac) Thornberry
NDAA for FY 2021, which amended 10 U.S.C. 2307(a) (now found at 10
U.S.C. 3801). This final rule may have a positive impact on small
entities, but it will not have a significant economic impact on a
substantial number of small entities.
Item II--Small Business Program Amendments (FAR Case 2019-008)
This final rule amends the FAR to align with SBA's regulations
related to several topic areas. This rule clarifies that SBA determines
size status as of the date of initial offer for a multiple-award
contract, whether or not the offer includes price, or the price is
evaluated. Additionally, in accordance with FAR 19.301-2(b)(2), the
``ostensible subcontractor rule'' (a small business must not be unduly
reliant on a nonsimilarly situated small business subcontractor or have
such a subcontractor perform the primary and vital requirements of the
contract) is implemented in this rule as a new ground for socioeconomic
status protest. The rule also clarifies that contracting officers will
not be able to exercise options past the fifth year of long-term 8(a)
contracts if the 8(a) contractor no longer qualifies for the 8(a)
program. Lastly, the rule clarifies the size standard for the
information technology value added resellers under North American
Industry Classification System code 541519 is 150 employees, not 500
employees.
Item III--Technical Amendments
Administrative change is made at FAR 2.101.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2023-02 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 2023-02 is
effective February 14, 2023 except for Items I through III, which are
effective March 16, 2023.
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. 2023-02424 Filed 2-13-23; 8:45 am]
BILLING CODE 6820-EP-P
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