Rule2023-02429
Federal Acquisition Regulation; Federal Acquisition Circular 2023-02; 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
February 14, 2023
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) 2023-02, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2023-02, which precedes this document.
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 9739-9740]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02429]
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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; 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) 2023-02, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding these rules by referring to FAC 2023-02,
which precedes this document.
DATES: February 14, 2023.
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
2023-02 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#ce899d8f9caba99dabad8ea9bdafe0a9a1b8"><span class="__cf_email__" data-cfemail="94d3c7d5c6f1f3c7f1f7d4f3e7f5baf3fbe2">[email protected]</span></a>. An asterisk (*) next to a rule
indicates that a regulatory flexibility analysis has been prepared.
Rules Listed in FAC 2023-02
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Item Subject FAR case Analyst
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I *.................................... Accelerated Payments 2020-007 Delgado.
Applicable to Contracts with
Certain Small Business
Concerns.
II *................................... Small Business Program 2019-008 Jones.
Amendments.
III.................................... Technical Amendments..........
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[[Page 9740]]
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.
[FR Doc. 2023-02429 Filed 2-13-23; 8:45 am]
BILLING CODE 6820-EP-P
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