[Federal Register Volume 86, Number 9 (Thursday, January 14, 2021)]
[Rules and Regulations]
[Page 3676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29085]

[[Page 3675]]

Vol. 86


No. 9

January 14, 2021

Part V

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1

Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / 
Rules and Regulations

[[Page 3676]]





48 CFR Chapter 1

[Docket No. FAR-2020-0051, Sequence No. 8]

Federal Acquisition Regulation; Federal Acquisition Circular 
2021-03; Introduction

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

ACTION: Summary presentation of final rules.


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) 2021-03. 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 [email protected].

                                           Rules Listed in FAC 2021-03
              Item                            Subject                 FAR case                Analyst
I...............................  Violations of Arms Control             2017-018  Jackson.
                                   Treaties or Agreements with
                                   the United States.
II..............................  Lowest Price Technically               2018-016  Jackson.
                                   Acceptable Source Selection
III.............................  Individual Sureties............        2017-003  Delgado.
IV..............................  Technical Amendments...........

ADDRESSES: The FAC, including the SECG, is available via the internet 
at https://www.regulations.gov.

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 2021-03 amends the FAR as follows:

Item I--Violations of Arms Control Treaties or Agreements With the 
United States (FAR Case 2017-018)

    This final rule adopts as final with changes, an interim rule 
published on June 15, 2018. The interim rule amended the FAR to 
implement 22 U.S.C. 2593e, as added by section 1290 of the National 
Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328). The 
final rule makes technical edits clarifying the suspension and 
debarment remedies for determination of a false certification pursuant 
to 22 U.S.C. 2593e, and other minor edits.

Item II--Lowest Price Technically Acceptable Source Selection Process 
(FAR Case 2018-016)

    This final rule amends the FAR to implement section 880 of the John 
S. McCain National Defense Authorization Act for Fiscal Year 2019. 
Specifically, this rule amends: (1) FAR part 15 to specify the criteria 
that must be met in order to include lowest price technically 
acceptable (LPTA) source selection criteria in a solicitation, and 
require solicitations predominantly for the acquisition of certain 
services and supplies to avoid the use of LPTA source selection 
criteria, to the maximum extent practicable; and (2) FAR parts 12, 13, 
16, and 37 to point to the text in FAR part 15, as applicable.

Item III--Individual Sureties (FAR Case 2017-003)

    This final rule changes the kind of assets that an individual 
surety must pledge as security for an individual surety bond. A pledge 
of assets must consist only of eligible obligations, i.e., public debt 
obligations of the United States Government. The rule implements 
section 874 of the National Defense Authorization Act for Fiscal Year 
2016 (Pub. L. 114-92), codified at 31 U.S.C. 9310, Individual Sureties.
    This final rule will not have a significant economic impact on a 
substantial number of small entities.

Item IV--Technical Amendments

    Editorial changes are made at FAR 2.101, 15.209, 17.502-1, 37.103, 
52.212-3, 52.212-5, 52.213-4, 52.222-18, 52.223-3, 52.225-2, 52.225-4, 
52.225-6, 52.225-9, 52.225-13, and 52.229-12.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2021-03 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator of National Aeronautics and Space 
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2021-03 is 
effective January 14, 2021 except for Items I through IV, which are 
effective February 16, 2021.

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

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

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

[FR Doc. 2020-29085 Filed 1-13-21; 8:45 am]