[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Page 61042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22147]
[[Page 61042]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2021-0051, Sequence No. 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2022-01; 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.
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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) 2022-01, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding these rules by referring to FAC 2022-01,
which precedes this document.
DATES: November 4, 2021.
ADDRESSES: The FAC, including the SECG, is available via the internet
at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2022-01 and the FAR Case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat Division
at 202-501-4755 or [email protected]. An asterisk (*) next to a rule
indicates that a regulatory flexibility analysis has been prepared.
Rules Listed in FAC 2022-01
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Item Subject FAR case Analyst
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* I.............................. Revision of Definition of 2018-018 Delgado.
``Commercial Item''.
* II............................. Consolidation and 2019-003 Bowman.
Substantial Bundling.
III.............................. Maximum Award Price for 2021-007 Jackson.
Certain Sole Source
Manufacturing Contracts.
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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 2022-01 amends the FAR as follows:
Item I--Revision of Definition of ``Commercial Item'' (FAR Case 2018-
018)
This final rule removes the definition of ``commercial item'' and
replaces it with the definitions of ``commercial product'' and
``commercial service''. The rule makes numerous conforming changes
throughout the FAR. The rule implements section 836 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232). This final rule will not have a significant economic impact
on a substantial number of small entities.
Item II--Consolidation and Substantial Bundling (FAR Case 2019-003)
This final rule amends the FAR to implement section 863 of the
National Defense Authorization Act for Fiscal Year 2016, as implemented
in the Small Business Administration (SBA) final rule published at 84
FR 65647 on November 29, 2019. Section 863 requires publication of
public notices of determinations for consolidation and substantial
bundling of contract requirements. Specifically, section 863 requires
the head of an agency to publish a notice on a public website within 7
days of making the determination that an acquisition plan involves a
substantial bundling of contract requirements. Section 863 also
requires the Senior Procurement Executive or Chief Acquisition Officer
to publish a notice on a public website that consolidation of contract
requirements is necessary and justified. In both cases, the agency may
not issue the solicitation any earlier than 7 days after publication of
the notices. The agency must also publish the justification along with
the solicitation.
Item III--Maximum Award Price for Certain Sole Source Manufacturing
Contracts (FAR Case 2021-007)
This final rule amends the FAR to implement section 864 of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Pub. L. 116-283, January 1, 2021). Section 864 amends
the Small Business Act to modify the maximum award price for
manufacturing contracts to $7 million for 8(a) program participants,
Women-Owned Small Business (WOSB) program participants, Historically
Underutilized Business Zone (HUBZone) small business concerns, and
Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2021-22147 Filed 11-3-21; 8:45 am]
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