[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Rules and Regulations]
[Page 30256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07933]



[[Page 30255]]

Vol. 89

Monday,

No. 78

April 22, 2024

Part VIII





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 Regulation; Federal Acquisition Circular 2024-05; 
Small Entity Compliance Guide

  Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Rules 
and Regulations  

[[Page 30256]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR-2024-0051, Sequence No. 3]


Federal Acquisition Regulation; Federal Acquisition Circular 
2024-05; 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) 2024-05, which amends 
the Federal Acquisition Regulation (FAR). Interested parties may obtain 
further information regarding these rules by referring to FAC 2024-05, 
which also published in this issue of the Federal Register.

DATES: April 22, 2024.

ADDRESSES: The FAC, including the SECG, is available 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 
2024-05 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 2024-05
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               Item                          Subject              FAR case                  Analyst
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*I................................  Sustainable Procurement..        2022-006  Hawes.
II................................  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 2024-05 amends the FAR as follows:

Item I--Sustainable Procurement (FAR Case 2022-006)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
restructure and update FAR part 23 to focus on current environmental 
and sustainability matters and to implement a requirement for agencies 
to procure sustainable products and services to the maximum extent 
practicable. As a result of this rule, content related to sustainable 
products and services, energy savings performance contracts, hazardous 
and radioactive materials, pollution prevention at Federal facilities, 
and greenhouse gases are consolidated into single subparts at FAR 
subpart 23.1, 23.2, 23.3, 23.4, and 23.5, respectively. Non-
environmental matters, to include requirements for a drug-free 
workplace and encouraging contractors to ban texting while driving, are 
moved to FAR part 26. The existing statutory and other Environmental 
Protection Agency (EPA) purchasing program requirements (previously 
implemented in FAR subparts 23.2, 23.4, 23.7, and 23.8) are 
consolidated in FAR subpart 23.1. This rule will require agencies to 
specify in the statement of work, or elsewhere in the contract, the 
sustainable products and services, including the purchasing programs 
and types of products or services, that are applicable to the 
acquisition. A new omnibus contract clause at FAR 52.223-23, 
Sustainable Products and Services, will require contractors to ensure 
the sustainable products and services identified in the contract are 
delivered, incorporated, or furnished under the contract. The rule also 
updates agency requirements for construction and architect-engineer 
contracts at FAR 36.104(b)(1) to align with the Council on 
Environmental Quality's Guiding Principles for Federal Leadership in 
High-Performance and Sustainable Buildings. The final rule may have a 
significant economic impact on a substantial number of small entities 
who compete on Federal contracts. These entities will need to ensure 
that they are offering and delivering sustainable products and 
services, as specified in agency solicitations and contracts.

Item II--Technical Amendments

    An administrative change is made at FAR 1.106, 1.401, 4.1702, 
5.704, 8.402, 8.404, 8.405-1, 8.405-2, 8.405-3, 8.405-6, 16.505, 
19.305, 19.507, 28.203-1, 31.205-40, 39.000, and 52.212-3.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2024-07933 Filed 4-19-24; 8:45 am]
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