Rule2023-21319
Federal Acquisition Regulation; Federal Acquisition Circular 2023-06; 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
October 5, 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) 2023-06. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.
Full Text
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69502-69503]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21319]
[[Page 69501]]
Vol. 88
Thursday,
No. 192
October 5, 2023
Part IV
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 and Interim Final Rules
Federal Register / Vol. 88 , No. 192 / Thursday, October 5, 2023 /
Rules and Regulations
[[Page 69502]]
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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. 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2023-06; 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) 2023-06. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC.
DATES: For effective dates see the separate documents, which follow.
ADDRESSES: The FAC, including the SECG, is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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#88cfdbc9daedefdbedebc8effbe9a6efe7fe"><span class="__cf_email__" data-cfemail="04435745566163576167446377652a636b72">[email protected]</span></a>.
Rules Listed in FAC 2023-06
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Item Subject FAR case Analyst
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I................ Implementation of 2020-011 Ryba.
Federal Acquisition
Supply Chain
Security Act
(FASCSA) Orders.
II............... Whistleblower 2017-005 Jones.
Protection for
Contractor
Employees.
III.............. 8(a) Program........ 2021-012 Bowman.
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
following these item summaries. FAC 2023-06 amends the FAR as follows:
Item I--Implementation of Federal Acquisition Supply Chain Security Act
(FASCSA) Orders (FAR Case 2020-011)
This interim rule amends the Federal Acquisition Regulation (FAR)
to implement supply chain risk information sharing and exclusion or
removal orders required by the Federal Acquisition Supply Chain
Security Act of 2018 and a final rule issued by the Federal Acquisition
Security Council (FASC).
The FAR is being amended to implement applicable exclusion or
removal orders recommended by the FASC when they are issued by the
Secretary of Homeland Security, the Secretary of Defense, or the
Director of National Intelligence. Offerors will be required to check
both the System for Award Management and individual solicitations for
applicable exclusion orders.
This rule applies to all acquisitions, including acquisitions at or
below the simplified acquisition threshold and to acquisitions of
commercial items, including commercially available off-the-shelf items.
It may have a significant economic impact on a substantial number of
small entities.
Item II--Whistleblower Protection for Contractor Employees (FAR Case
2017-005)
This final rule amends the FAR to implement Public Law 114-261 (41
U.S.C. 4712). The rule enhances whistleblower protection for contractor
employees by making permanent the protection for disclosure of certain
information. It also clarifies that the FAR 31.205-47 prohibition on
reimbursement for legal fees accrued in defense against reprisal claims
applies to subcontractors, as well as contractors.
DoD, NASA and the Coast Guard have a different whistleblower
program for contractor employees.
This final rule will not have a significant economic impact on a
substantial number of small entities.
Item III--8(a) Program Changes (FAR Case 2021-012)
This final rule amends the FAR to update and clarify requirements
associated with the Small Business Administration's (SBA) 8(a) program.
Specifically, this rule clarifies that the certificate of competency
program is not applicable to 8(a) sole-source awards and requires that
BPAs issued under part 13, including orders placed under part 13 BPAs
under the 8(a) Program, must be offered to, and accepted by SBA.
Additionally, this rule clarifies an 8(a) participant's eligibility for
award for a two-step design procurement and clarifies that a concern
must be a current participant in the 8(a) program at the time of an
8(a) sole-source award. This rule also implements policy that allows
the SBA to appeal a contracting officer's decision that an acquisition
previously procured under the 8(a) program is a new requirement not
subject to the release requirements set forth in 13 CFR. Furthermore,
this rule requires the contracting officer to notify the SBA when the
contracting officer decides that a requirement, previously procured
under the 8(a) program, is a new requirement and not a follow-on
requirement to an 8(a) contract; and when the procuring activity
intends to procure a follow-on requirement using an existing limited
contracting vehicle that is not available to all 8(a) participants and
the current or previous 8(a) contract was available to all 8(a)
participants. Lastly, this rule encourages the contracting officer to
notify the SBA Associate Administrator for Business Development at
least 30 days prior to the end of the contract or order when a
mandatory source will be used for a follow-on requirement to an 8(a)
contract.
[[Page 69503]]
Item IV--Technical Amendments
An administrative change is made at FAR 52.212-3.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2023-06 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 2023-06 is
effective October 5, 2023 except for Item I, which is effective
December 4, 2023, and Items II, III, and IV, which are effective
November 6, 2023.
John M. Tenaglia,
Principal Director, Defense Pricing and Contracting, Department of
Defense.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Karla Smith Jackson,
Assistant Administrator for Procurement, Senior Procurement
Executive/Deputy CAO, National Aeronautics and Space Administration.
[FR Doc. 2023-21319 Filed 10-4-23; 8:45 am]
BILLING CODE 6820-EP-P
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