Rule2023-02425
Federal Acquisition Regulation: Accelerated Payments Applicable to Contracts With Certain Small Business Concerns
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
Effective
March 16, 2023
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act for Fiscal Year 2020 to provide for accelerated payments to small business contractors and subcontractors and a comparable statute applicable only to the Department of Defense.
Full Text
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<title>Federal Register, Volume 88 Issue 30 (Tuesday, February 14, 2023)</title>
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[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Rules and Regulations]
[Pages 9730-9734]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02425]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 12, 32, and 52
[FAC 2023-02; FAR Case 2020-007; Item I; Docket No. FAR-2020-0007,
Sequence 1]
RIN 9000-AO10
Federal Acquisition Regulation: Accelerated Payments Applicable
to Contracts With Certain Small Business Concerns
AGENCY: Department of Defense (DoD), General Services Administration
(GSA),
[[Page 9731]]
and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to implement a section of the
National Defense Authorization Act for Fiscal Year 2020 to provide for
accelerated payments to small business contractors and subcontractors
and a comparable statute applicable only to the Department of Defense.
DATES: Effective March 16, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 or by email at <a href="/cdn-cgi/l/email-protection#b1cbd4dfd0d8d5d09fd5d4ddd6d0d5def1d6c2d09fd6dec7"><span class="__cf_email__" data-cfemail="39435c5758505d58175d5c555e585d56795e4a58175e564f">[email protected]</span></a> for
clarification of content. 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#682f3b293a0d0f3b0d0b280f1b09460f071e"><span class="__cf_email__" data-cfemail="9fd8ccdecdfaf8ccfafcdff8ecfeb1f8f0e9">[email protected]</span></a>. Please cite FAC 2023-02, FAR Case
2020-007.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule at 86 FR 53923 on
September 29, 2021, to implement a policy that provides for accelerated
payments to contractors that are small businesses and to small business
subcontractors by accelerating payments to their prime contractors.
This change implements section 873 of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L. 116-92).
Section 873 amends 31 U.S.C. 3903(a).
Specifically, section 873 requires agencies to establish an
accelerated payment date for small business prime contractors, to the
fullest extent permitted by law, with a goal of 15 days after receipt
of a proper invoice, if a specific payment date is not established by
contract. Section 873 also requires that, to the fullest extent
permitted by law, the head of an agency establish an accelerated
payment date for prime contractors that subcontract with small
businesses, with a goal of 15 days after receipt of a proper invoice,
if--
(1) A specific payment date is not established by contract; and
(2) The contractor agrees to make accelerated payments to the
subcontractor without any further consideration from, or fees charged
to, the subcontractor. The final rule implements both aspects of
section 873. For DoD, however, this case implements section 815 of the
William M. (Mac) Thornberry NDAA for FY 2021, which amended 10 U.S.C.
2307(a)(2)(A) (now found at 10 U.S.C. 3801) by striking the language
``if a specific payment date is not established by contract.''
Accordingly, this case excludes from DoD contracts the condition
reflected in the language ``a specific payment date is not established
by contract.''
Four respondents submitted comments on the proposed rule.
II. Discussion and Analysis
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the public comments in the
development of the final rule. A discussion of the comments and the
changes made to the rule as a result of those comments are provided as
follows:
A. Summary of Significant Changes
There are no significant changes from the proposed rule.
B. Analysis of Public Comments
Of the four responses received, none provided negative comments on
the rule, although they suggested changes as described below. No
changes resulted from the public comments.
Comment: A respondent suggested adding the following language:
``the term ``other required documentation'' shall exclude documentation
that is not commercially reasonable in the circumstances, unless such
documentation is required by law.'' This respondent stated that its
suggested change is meant to prevent ``the occasional agency or prime
contractor [from evading] acceleration of payment under the proposed
rules by establishing unreasonable requirements for documentation that
a small business cannot meet.''
Response: The Councils cannot accept the suggestion because it is
not consistent with the statute being implemented. Section 873 of the
NDAA for FY 2020 did not create or modify a definition of ``other
required documentation.'' The term ``other required documentation'' and
other similar variations are used in many instances in the FAR and
other agency regulations. Also, such ``documentation'' may be required
by the contract or law, or both. The Councils concluded that ``other
required documentation'' should be sufficient; and that adding the
suggested language will not make the issue any clearer.
Comment: A respondent expressed the need for the rule to clarify
the statement ``with a goal of 15 days after receipt of proper invoice,
if--(1) a specific payment date is not established by contract . . .''
The respondent expressed concern that a contracting officer may insert
``any type of specific date--i.e., 30 days, 60 days or 90 days into
their contracts.'' This respondent suggested to remove the term
``goal'' and make the accelerated payment ``a requirement and that
there be oversight within contracts to make certain the requirement is
being achieved.''
Response: Congress has directed DoD to ``establish an accelerated
payment date with a goal of 15 days after a proper invoice for the
amount due is received.'' See section II.C. of this preamble. For
civilian agencies, the Councils cannot accept the suggestion because it
is not consistent with the statute.
Comment: A respondent expressed that small business contractors
having to flow down the accelerated payment to their small business
subcontractors would ``essentially eliminate any financial assistance
by negating the benefit of the accelerated timeline.'' This respondent
expressed that the flowdown requirement ``could put an undue burden
onto many small business primes who do not track the size status of
their subcontractors since they are not subject to the same reporting
requirements of large businesses. Being required to implement a
tracking system to comply with the flowdown of accelerated payments
could prove to be an additional unintended expense on the small
business that would once again negate the financial benefit of
accelerated payment.''
Response: The Councils cannot accept the suggestions because they
are not consistent with the statute being implemented. Section 873 of
the NDAA for FY 2020 requires the flowdown. The statute and the final
rule do not include additional reporting or recordkeeping requirements.
Comment: A respondent expressed strong support for the rule and
urged the Councils ``to include in the final rule an expansion of the
provision to apply these accelerated payment requirements to large
business subcontractors.'' A respondent expressed support for the rule
but believed that more analysis of the financial and administrative
impact of accelerating payments to large subcontractors is required.
This respondent provided three examples of questions that need to be
answered: (1) How will it affect contractor ERP systems and reporting?
(2) What administrative costs will be incurred and what is the overall
financial impact? (3) How will the requirement be integrated with
existing regulations that already dictate when payments must be made to
subcontractors (i.e., FAR 52.232-16, FAR 52.216-7)?
Response: In the preamble to the proposed rule, the Councils noted
their interest in understanding the
[[Page 9732]]
implications of applying the accelerated payment requirements to large
business subcontractors and flowing them down to lower tier small
business subcontractors. Interest in this issue remains, but additional
research is needed to properly inform the process. The Councils, in
coordination with the Office of Federal Procurement Policy, will
consider whether further action through a new rulemaking should be
pursued to address flowdown of accelerated payments, as well as other
refinements that may be necessary to ensure the policy objective of
accelerating payments to small business concerns has been achieved by
the changes set forth in this rule.
C. Other Changes
Other changes made to the final rule are as follows:
<bullet> To add a clarification at FAR 32.009-1(a) by creating
paragraphs (a)(1) and (a)(2) to differentiate DoD from civilian
agencies regarding the removal of the phrase ``if a specific payment
date is not established by contract'' at 10 U.S.C. 3801 per section 815
of the William M. (Mac) Thornberry NDAA for FY 2021, Public Law 116-
283; the statutory text was moved from 10 U.S.C. 2307(a) to 10 U.S.C.
3801.
<bullet> To make editorial corrections at: 52.213-4(a)(1)(x) to be
consistent with the FAR 52.233-4 citation at FAR 52.212-5.
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 does not add any new solicitation provisions or contract
clauses. This rule amends the following FAR clauses: 52.212-5, Contract
Terms and Conditions Required To Implement Statutes or Executive
Orders-Commercial Products and Co mmercial Services; 52.213-4, Terms
and Conditions-Simplified Acquisitions (Other Than Commercial Products
and Commercial Services); 52.232-40, Providing Accelerated Payments to
Small Business Subcontractors; and 52.244-6, Subcontracts for
Commercial Products and Commercial Services.
The FAR rule makes the 10 U.S.C. 2307(a) (now found at 10 U.S.C.
3801) and 31 U.S.C. 3903 statutory changes to a requirement already
applicable to contracts at or below the SAT and to contracts for the
acquisition of commercial products and commercial services, including
COTS items.
The Federal Acquisition Regulatory Council (FAR Council) is
applying the rule to contracts at or below the SAT and acquisitions of
commercial products and commercial services, including acquisitions for
COTS items, in accordance with 41 U.S.C. 1905, 41 U.S.C. 1906, and 41
U.S.C. 1907. Discussion of the FAR Council determinations is set forth
below.
A. Applicability to Contracts at or Below the Simplified Acquisition
Threshold
41 U.S.C. 1905 governs the applicability of laws to acquisitions at
or below the SAT. Section 1905 generally limits the applicability of
new laws when agencies are making acquisitions at or below the SAT, but
provides that such acquisitions will not be exempt from a provision of
law under certain circumstances, including when the FAR Council makes a
written determination and finding that it would not be in the best
interest of the Federal Government to exempt contracts and subcontracts
in amounts not greater than the SAT from the provision of law.
The FAR Council has made a determination to apply this statute to
contracts and subcontracts at or below the SAT. These accelerated
payments provide benefits to contractors that are small businesses, to
contractors that subcontract with small businesses, and to small
business subcontractors by accelerating payments to their prime
contractors, without adding any reporting or recordkeeping
requirements. Approximately 96 percent of Federal contracts are in
amounts at or below the SAT. An exception for contracts and
subcontracts at or below the SAT would exclude contracts and
subcontracts intended to be covered by the law, thereby undermining the
overarching public policy purpose of the law.
B. Applicability to Contracts for the Acquisition of Commercial
Products, Including Commercially Available Off-The-Shelf (COTS) Items,
or for Commercial Services
41 U.S.C. 1906 governs the applicability of laws to contracts for
the acquisition of commercial products and commercial services and is
intended to limit the applicability of laws to those contracts. Section
1906 provides that if the FAR Council makes a written determination
that it is not in the best interest of the Federal Government to exempt
contracts and subcontracts for commercial products and commercial
services the provision of law will apply to them.
41 U.S.C. 1907 states that acquisitions of COTS items will be
exempt from certain provisions of law unless the Administrator for
Federal Procurement Policy makes a written determination and finds that
it would not be in the best interest of the Federal Government to
exempt contracts for the procurement of COTS items.
The FAR Council has made a determination to apply this statute to
contracts and subcontracts for commercial products and commercial
services. The Administrator for Federal Procurement Policy has made a
determination to apply this statute to acquisitions for COTS items.
These accelerated payments provide benefits to contractors that are
small businesses, to contractors that subcontract with small
businesses, and to small business subcontractors by accelerating
payments to their prime contractors, without adding any reporting or
recordkeeping requirements. Over 50 percent of Federal contracts are
awarded using commercial procedures. An exception for commercial
products and commercial services, including COTS items, contracts and
subcontracts would exclude contracts and subcontracts intended to be
covered by the law, thereby undermining the overarching public policy
purpose of the law.
IV. Expected Impact of the Rule
The final rule expands the FAR policy regarding accelerated
payments to small business contractors by: (1) providing accelerated
payments to prime contractors that are small businesses; (2)
establishing a goal of payment within 15 days after receipt of a proper
invoice; and (3) prohibiting prime contractors from requesting any
further consideration from the subcontractor in exchange for the
accelerated payments. The Government expects this rule to improve cash
flow and access to the Federal marketplace for small businesses, which
are likely to have lower cash reserves and less access to inexpensive
credit when compared to other than small businesses, i.e., large
businesses.
V. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all 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
[[Page 9733]]
E.O. 12866, Regulatory Planning and Review, dated September 30, 1993.
VI. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD, GSA, and NASA will
send the rule and the ``Submission of Federal Rules Under the
Congressional Review Act'' form to each House of the Congress and to
the Comptroller General of the United States. A major rule cannot take
effect until 60 days after it is published in the Federal Register. The
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget has determined that this is not a major rule
under 5 U.S.C. 804.
VII. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared a Final Regulatory Flexibility
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5
U.S.C. 601-612. The FRFA is summarized as follows:
This final rule amends the FAR to provide for accelerated
payments to contractors that are small businesses, and to small
business subcontractors by accelerating payments to their prime
contractors. Specifically, the statute requires agencies, to the
fullest extent permitted by law, to establish an accelerated payment
date for small business contractors, with a goal of 15 days after
receipt of a proper invoice, if a specific payment date is not
established by contract. For contractors that subcontract with small
businesses, the statute requires agencies, to the fullest extent
permitted by law, to establish an accelerated payment date, with a
goal of 15 days after receipt of a proper invoice, if--
(a) A specific payment date is not established by contract; and
(b) The contractor agrees to make accelerated payments to the
subcontractor without any further consideration from, or fees
charged to, the subcontractor.
For DoD, however, this rule implements section 815 of the
William M. (Mac) Thornberry NDAA for FY 2021, which amended 10
U.S.C. 2307(a)(2)(A) (now found at 10 U.S.C. 3801) by striking the
language ``if a specific payment date is not established by
contract.'' Accordingly, the final rule excludes from DoD contracts
the condition reflected in the language ``a specific payment date is
not established by contract.''
The objective is to implement section 873 of the NDAA for FY
2020 (Pub. L. 116-92), which amends 31 U.S.C. 3903(a). The rule also
implements a change made by section 815 of the William M. (Mac)
Thornberry NDAA for FY 2021 to 10 U.S.C. 2307(a), now found at 10
U.S.C. 3801, which requires DoD to keep the 15 days rather than
allow a different specific date to be established in the contract.
There were no significant issues raised by the public comments
in response to the initial regulatory flexibility analysis.
The final rule applies to small businesses that are prime
contractors, and to small businesses that are subcontractors on
Federal prime contracts. Based on data obtained from the Federal
Procurement Data System, 120,907 unique entities (including 78,813
small businesses) were awarded contracts for FY 2021. There is no
data source to know how many subcontracts are awarded to small
businesses. With regard to the impact of the prohibition on fees or
other consideration in return for accelerated payments, it is not
possible to estimate how many of these small business subcontractors
may have been required to provide consideration or pay fees to the
prime contractor in order to receive accelerated payments.
The final rule does not include additional reporting or
recordkeeping requirements. There are no available alternatives to
the final rule to accomplish the desired objective of the statute.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat Division. The Regulatory Secretariat Division
has submitted a copy of the FRFA to the Chief Counsel for Advocacy of
the Small Business Administration.
VIII. Paperwork Reduction Act
This 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 Parts 12, 32, and 52
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 12, 32, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 12, 32, and 52 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 12--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
12.301 [Amended]
0
2. Amend section 12.301 by removing paragraph (d)(15).
PART 32--CONTRACT FINANCING
0
3. Revise sections 32.009 and 32.009-1 to read as follows:
32.009 Providing accelerated payments to small business contractors
and to prime contractors that subcontract with a small business
concern.
32.009-1 General.
(a)(1) Pursuant to 31 U.S.C. 3903(a), agencies other than the
Department of Defense (DoD) shall provide accelerated payments, to the
fullest extent permitted by law, with a goal of 15 days after receipt
of a proper invoice and all other required documentation, if a specific
payment date is not established by contract, to--
(i) Small business contractors; and
(ii) Prime contractors that subcontract with a small business
concern, if the prime contractor agrees to make payments to the small
business subcontractor within 15 days of receiving the accelerated
payment from the Government, after receipt of a proper invoice and all
other required documentation from the small business subcontractor, to
the maximum extent practicable, without any further consideration from
or fees charged to the subcontractor.
(2) Pursuant to 10 U.S.C. 3801(b), DoD shall provide accelerated
payments, to the fullest extent permitted by law, with a goal of 15
days after receipt of a proper invoice and all other required
documentation, to--
(i) Small business contractors; and
(ii) Prime contractors that subcontract with a small business
concern, if the prime contractor agrees to make payments to the small
business subcontractor within 15 days of receiving the accelerated
payment from the Government, after receipt of a proper invoice and all
other required documentation from the small business subcontractor, to
the maximum extent practicable, without any further consideration from
or fees charged to the subcontractor.
(b) This acceleration does not provide any new rights under the
Prompt Payment Act and does not affect the application of the Prompt
Payment Act late payment interest provisions.
(c) Agencies may use the Governmentwide commercial purchase card as
a method of payment (see 32.1108) to facilitate accelerated payment, to
earn refunds, and to reduce invoice processing costs.
32.903 [Amended]
0
4. Amend section 32.903 by removing from paragraph (a)(5) ``5 CFR
1315.5'' and adding ``5 CFR 1315.5, but see 32.009-1(a)'' in its place.
0
5. Amend section 32.906 by removing from paragraph (a)(2) ``are
necessary (see 32.903(a)(5))'' and adding ``is
[[Page 9734]]
necessary'' in its place, and adding a sentence to the end of the
paragraph.
The addition reads as follows:
32.906 Making payments.
(a) * * *
(2) * * * See 32.903(a)(5), but see 32.009-1(a).
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
6. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Redesignating paragraphs (a)(5) and (6) as paragraphs (a)(6) and
(7); and adding a new paragraph (a)(5);
0
c. Redesignating paragraph (e)(1)(xxii) as paragraph (e)(1)(xxiii); and
adding a new paragraph (e)(1)(xxii); and
0
d. In Alternate II--
0
i. Revising the date of the Alternate;
0
ii. Redesignating paragraph (e)(1)(ii)((U) as paragraph (e)(1)(ii)(V);
and adding a new paragraph (e)(1)(ii)((U);
The revisions and additions read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Products and Commercial Services.
* * * * *
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Products and Commercial Services (MAR
2023)
(a) * * *
(5) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
* * * * *
(e)(1) * * *
(xxii) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow
down required in accordance with paragraph (c) of 52.232-40.
* * * * *
Alternate II (MAR 2023). * * *
(e)(1) * * *
(ii) * * *
(U) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow
down required in accordance with paragraph (c) of 52.232-40.
* * * * *
0
7. Amend section 52.213-4 by--
0
a. Revising the date of the clause;
0
b. Redesignating paragraphs (a)(1)(viii) and (ix) as paragraphs
(a)(1)(ix) and (x); and adding a new paragraph (a)(1)(viii);
0
c. Revising the newly redesignated paragraph (a)(1)(x);
0
d. Removing paragraph (a)(2)(vi);
0
e. Redesignating paragraphs (a)(2)(vii) through (ix) as paragraphs
(a)(2)(vi) through (viii); and
0
f. Removing from the newly redesignated paragraph (a)(2)(vii) ``(DEC
2022)'' and adding ``(MAR 2023)'' in its place.
The revisions and addition read 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) (MAR 2023)
(a) * * *
(1) * * *
(viii) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
* * * * *
(x) 52.233-4, Applicable Law for Breach of Contract Claim (OCT
2004) (Pub. L. 108-77 and 108-78 (19 U.S.C. 3805 note)).
* * * * *
0
8. Amend section 52.232-40 by revising the date of the clause and
paragraph (a) to read as follows:
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors.
* * * * *
Providing Accelerated Payments to Small Business Subcontractors (MAR
2023)
(a)(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within
15 days after receipt of accelerated payments from the Government, the
Contractor shall make accelerated payments to its small business
subcontractors under this contract, to the maximum extent practicable
and prior to when such payment is otherwise required under the
applicable contract or subcontract, after receipt of a proper invoice
and all other required documentation from the small business
subcontractor.
(2) The Contractor agrees to make such payments to its small
business subcontractors without any further consideration from or fees
charged to the subcontractor.
* * * * *
0
9. Amend section 52.244-6 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c)(1)(xix) ``(NOV 2021)'' and adding ``(MAR
2023)'' in its place.
The revision reads as follows:
52.244-6 Subcontracts for Commercial Products and Commercial Services.
* * * * *
Subcontracts for Commercial Products and Commercial Services (MAR 2023)
* * * * *
[FR Doc. 2023-02425 Filed 2-13-23; 8:45 am]
BILLING CODE 6820-EP-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.