[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Page 11746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02027]



[[Page 11745]]

Vol. 85

Thursday,

No. 39

February 27, 2020

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 Rules

  Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / 
Rules and Regulations  

[[Page 11746]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR-2020-0051, Sequence No. 1]


Federal Acquisition Regulation; Federal Acquisition Circular 
2020-05; Introduction

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of a final rule.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the 
Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2020-05. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC.

DATES: For effective date see the separate document, which follows.

FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement 
Analyst, at 703-605-2868 or by email at [email protected] for 
clarification of content. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755. Please cite FAC 2020-05, FAR Case 2014-002.

                       Rule Listed in FAC 2020-05
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             Subject                 FAR case             Analyst
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Set-Asides Under Multiple-Award         2014-002  Uddowla.
 Contracts.
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ADDRESSES: The FAC, including the SECG, is available via the internet 
at http://www.regulations.gov.

SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the 
actual revisions and/or amendments made by this FAR case, refer to the 
specific subject set forth in the document following this item summary. 
FAC 2020-05 amends the FAR as follows:

Set-Asides Under Multiple-Award Contracts (FAR Case 2014-002)

    This final rule amends the FAR to implement regulatory changes made 
by the Small Business Administration (SBA) in its final rule at 78 FR 
61114 on October 2, 2013. SBA's final rule implements the statutory 
requirements set forth at section 1331 of the Small Business Jobs Act 
of 2010 (15 U.S.C. 644(r)). Section 1331 provided authority for three 
acquisition techniques to facilitate contracting with small businesses 
on multiple-award contracts:
    (1) Setting aside part or parts of the requirement for small 
businesses.
    (2) Reserving one or more contract awards for small business 
concerns under full and open multiple-award procurements.
    (3) Setting aside orders placed against multiple-award contracts, 
notwithstanding the fair opportunity requirements of 10 U.S.C. 2304c(b) 
and 41 U.S.C. 4106(c).
    This final rule provides contracting officers additional guidance 
on the use of partial set-asides, reserves, and set-asides of orders 
under multiple-award contracts. This final rule may have a positive 
economic impact on any small business entity that wishes to participate 
in the Federal marketplace. The section 1331 authorities are expected 
to provide small businesses greater access to multiple-award contracts, 
including orders issued against such contracts. There is an upward 
adjustment to the annual burden associated with an existing information 
collection, to account for size and socioeconomic status 
rerepresentations for individual task and delivery orders.
    This rule also finalizes the interim rule published November 2, 
2011, under FAR Case 2011-024.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
    Federal Acquisition Circular (FAC) 2020-05 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 2020-05 is 
effective February 27, 2020 except for FAR Case 2014-002, which is 
effective March 30, 2020.

Linda W. Neilson,
Director, Defense Acquisition Regulations, Department of Defense.

Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition 
Policy, U.S. General Services Administration.

William G. Roets II,
Acting Assistant Administrator, Office of Procurement, National 
Aeronautics and Space Administration.

[FR Doc. 2020-02027 Filed 2-26-20; 8:45 am]
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