[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Rules and Regulations]
[Pages 61338-61339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16284]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 11, 17, 19, 23, 25, 52, and 53

[FAC 2024-06; Item IV; Docket No. FAR-2024-0052; Sequence No. 2]


Federal Acquisition Regulation; Technical Amendments

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

ACTION: Final rule.

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SUMMARY: This document amends the Federal Acquisition Regulation (FAR) 
to make needed editorial changes.

DATES: Effective: August 29, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Lois Mandell, Regulatory 
Secretariat Division (MVCB), at 202-501-4755 or [email protected]. 
Please cite FAC 2024-06, Technical Amendments.

SUPPLEMENTARY INFORMATION: This document makes editorial changes to 48 
CFR parts 2, 11, 17, 19, 23, 25, 52, and 53.

List of Subjects in 48 CFR Parts 2, 11, 17, 19, 23, 25, 52, and 53

    Government procurement.

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

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 11, 17, 19, 23, 
25, 52, and 53 as set forth below:

0
1. The authority citation for 48 CFR parts 2, 11, 17, 19, 23, 25, 52, 
and 53 continues to read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. 
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 
20113.

PART 2--DEFINITIONS OF WORDS AND TERMS

0
2. Amend section 2.101 by--
0
a. Removing the definition of ``Ozone-depleting substance''; and
0
b. In the definition of ``Small Business Teaming Arrangement'', 
revising paragraph (2)(ii) to read as follows:


2.101  Definitions.

* * * * *
    Small Business Teaming Arrangement--
* * * * *
    (2) * * *
    (ii) For DoD, may include two business concerns in a mentor-
prot[eacute]g[eacute] relationship in the DoD Mentor-
Prot[eacute]g[eacute] Program (see 10 U.S.C. 4902) when both the mentor 
and the prot[eacute]g[eacute] are small. There is no exception to joint 
venture size affiliation for offers received from teaming arrangements 
under the DoD Mentor-Prot[eacute]g[eacute] Program; and
* * * * *

PART 11--DESCRIBING AGENCY NEEDS


11.602  [Amended]

0
3. Amend section 11.602, in paragraph (b), by removing the web address 
``www.bis.doc.gov/dpas'' and adding the web address ``https://www.bis.doc.gov/index.php/other-areas/strategic-industries-and-economic-security-sies/defense-priorities-a-allocations-system-program-dpas'' in its place.

PART 17--SPECIAL CONTRACTING METHODS

0
4. Amend section 17.104, in paragraph (c), by revising the first 
sentence to read as follows:


17.104  General.

* * * * *
    (c) Agency funding of multiyear contracts shall conform to the 
policies in OMB Circular A-11 (Preparation, Submission, and Execution 
of the Budget) and other applicable guidance regarding the funding of 
multiyear contracts. * * *
* * * * *

PART 19--SMALL BUSINESS PROGRAMS

0
5. Amend section 19.202-1 by revising paragraph (b) to read as follows:


19.202-1  Encouraging small business participation in acquisitions.

* * * * *
    (b) Plan acquisitions such that, if practicable, more than one 
small business concern may perform the work, if the work exceeds the 
amount for which a surety may be guaranteed by SBA against loss under 
15 U.S.C. 694b (see definition of ``Applicable Statutory Limit'' at 13 
CFR 115.10).
* * * * *


19.702  [Amended]

0
6. Amend section 19.702, in paragraph (d), by removing the word 
``Pilot''.

PART 23--ENVIRONMENT, SUSTAINABLE ACQUISITION, AND MATERIAL SAFETY


23.301  [Amended]

0
7. Amend section 23.301 by removing ``No. 313 (Federal'' and adding 
``No. 313. Federal'' in its place.

PART 25--FOREIGN ACQUISITION

0
8. Amend section 25.403 by adding paragraph (c)(2) to read as follows:


25.403  World Trade Organization Government Procurement Agreement and 
Free Trade Agreements.

* * * * *
    (c) * * *
    (2) This restriction does not apply to purchases of supplies by the 
Department of Defense from a country with which it has entered into a 
reciprocal agreement, as provided in departmental regulations.
0



25.701  [Amended]

0
9. Amend section 25.701, in paragraph (b), by removing the web 
addresses ``http://www.treas.gov/offices/enforcement/ofac/sdn'' and 
``http://www.treas.gov/offices/enforcement/ofac'' and adding the web 
addresses ``https://ofac.treasury.gov/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists'' and ``https://ofac.treasury.gov/'' in their places, respectively.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
10. Amend section 52.207-6 by revising the date of the provision and 
paragraph (a)(2)(ii) to read as follows:

[[Page 61339]]

52.207-6  Solicitation of Offers from Small Business Concerns and Small 
Business Teaming Arrangements or Joint Ventures (Multiple-Award 
Contracts).

* * * * *

Solicitation of Offers From Small Business Concerns and Small Business 
Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 
2024)

* * * * *
    (a) * * *
    (2) * * *
    (ii) For DoD, may include two business concerns in a mentor-
prot[eacute]g[eacute] relationship in the Department of Defense Mentor-
Prot[eacute]g[eacute] Program (see 10 U.S.C. 4902) when both the mentor 
and the prot[eacute]g[eacute] are small. There is no exception to joint 
venture size affiliation for offers received from teaming arrangements 
under the DoD Mentor-Prot[eacute]g[eacute] Program; and
* * * * *

0
11. Amend section 52.213-4 by:
0
a. Revising the date of the clause; and
0
b. In paragraph (b)(2)(v), removing the date ``NOV 1991'' and adding 
``JAN 1991'' in its place.
    The revision reads as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Products and Commercial Services).

* * * * *

Terms and Conditions--Simplified Acquisitions (Other Than Commercial 
Products and Commercial Services) (Aug 2024)

* * * * *


52.223-11  [Amended]

0
12. Amend section 52.223-11, in the introductory text, by removing the 
text ``in in 23.109(d)(1)'' and adding the text ``in 23.109(d)(1)'' in 
its place.


52.223-21  [Amended]

0
13. Amend section 52.223-21, in the introductory text, by removing the 
text ``in in 23.109(d)(4)'' and adding the text ``in 23.109(d)(4)'' in 
its place.

0
14. Amend section 52.244-5 by revising the date of the clause and 
paragraph (b) to read as follows:


52.244-5  Competition in Subcontracting.

* * * * *

Competition in Subcontracting (Aug 2024)

* * * * *
    (b) If the Contractor is an approved mentor under the DoD Mentor-
Prot[eacute]g[eacute] Program (10 U.S.C. 4902), the Contractor may 
award subcontracts under this contract on a noncompetitive basis to its 
prot[eacute]g[eacute]s.
* * * * *

0
15. Amend section 52.246-26 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (e), removing the web address ``http://www.gidep.org/about/opmanual/opmanual.htm'' and adding the web address ``https://www.gidep.org/login?returnUrl=%2Fdashboard'' in its place.
    The revision reads as follows:


52.246-26  Reporting Nonconforming Items.

* * * * *

Reporting Nonconforming Items (Aug 2024)

* * * * *

PART 53--FORMS

0
16. Amend section 53.236-2 by revising paragraph (a) to read as 
follows:


53.236-2  Architect-engineer services (SF's 252 and 330).

* * * * *
    (a) SF 252 (Rev. 10/23), Architect-Engineer Contract. SF 252 is 
prescribed for use in awarding fixed-price contracts for architect-
engineer services, as specified in 36.702(a).
* * * * *
[FR Doc. 2024-16284 Filed 7-29-24; 8:45 am]
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