[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Rules and Regulations]
[Pages 506-507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31409]
[[Page 505]]
Vol. 90
Friday,
No. 2
January 3, 2025
Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations: Federal Acquisition Circular 2025-03;
Introduction, Improving Consistency Between Procurement and
Nonprocurement Procedures on Suspension and Debarment, Rerepresentation
of Size and Socioeconomic Status, Subcontracting to Puerto Rican and
Covered Territory Small Businesses, and Federal Acquisition Circular
2025-03; Small Entity Compliance Guide; Final Rules
Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules
and Regulations
[[Page 506]]
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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. 8]
Federal Acquisition Regulation; Federal Acquisition Circular
2025-03; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rules.
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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) 2025-03. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC.
DATES: For effective dates see the separate documents, which follow.
ADDRESSES: The FAC, including the SECG, is available at https://www.regulations.gov.
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 2025-03
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Item Subject FAR case Analyst
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I............ Improving Consistency 2019-015 Delgado.
Between Procurement and
Nonprocurement
Procedures on Suspension
and Debarment.
II........... Rerepresentation of Size 2020-016 Bowman.
and Socioeconomic Status.
III.......... Subcontracting to Puerto 2023-001 Moore.
Rican And Covered
Territory Small
Businesses.
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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 2025-03 amends the FAR as follows:
Item I--Improving Consistency Between Procurement and Nonprocurement
Procedures on Suspension and Debarment (FAR Case 2019-015)
This final rule amends the FAR to improve consistency between the
procurement and nonprocurement procedures on suspension and debarment,
based on recommendations of the Interagency Suspension and Debarment
Committee. The changes in the FAR bring the two systems into closer
alignment, enhancing transparency and consistency within the
Government's suspension and debarment procedures. This allows
contractors a better understanding of how the two systems' procedures
relate to each other. The changes are not expected to have a
significant economic impact on a substantial number of small entities.
It is anticipated that this rule will have a positive impact on small
businesses with increased transparency in the process.
Item II--Rerepresentation of Size and Socioeconomic Status (FAR Case
2020-016)
This final rule amends the FAR to implement regulatory changes made
by the Small Business Administration to size and socioeconomic status
rerepresentation requirements for orders placed against multiple-award
contracts. Specifically, business concerns that represented their
status as any of the small business concerns identified at FAR
19.000(a)(3) are required to rerepresent their size and/or
socioeconomic status for orders set aside--
(1) Under unrestricted multiple-award contracts, unless the order
is issued against a reserve for which size and/or status was required.
(2) Under a multiple-award contract that was totally or partially
set aside for small businesses, and the order requires a different
socioeconomic status.
Federal Supply Schedules (FSS) are exempt from these requirements.
The final rule will help to validate that small businesses qualify
for the size and/or socioeconomic status associated with orders placed
under certain multiple-award contracts. Also, entities that no longer
qualify under the applicable North American Industry Classification
System (NAICS) code or the socioeconomic status they claim may not
qualify under the applicable NAICS code or socioeconomic status for
set-aside orders under the multiple-award contracts subject to this
rule.
The final rule is not expected to have a significant economic
impact on a substantial number of small entities.
Item III--Subcontracting to Puerto Rican and Covered Territory Small
Businesses (FAR Case 2023-001)
This final rule amends the FAR to implement regulatory changes made
by the Small Business Administration to implement section 861 of Public
Law 115-232 and section 866 of Public Law 116-283, which add incentives
for certain U.S. territories under the Small Business Administration
mentor-prot[eacute]g[eacute] program. This final rule also specifies
the entities that are not required to submit subcontracting plans as
subcontractors. This final rule is not expected to have a significant
impact on a substantial number of small entities; however, it will
impact small businesses whose principal office is in the Commonwealth
of Puerto Rico or that are covered territory businesses that enter into
SBA-approved mentor-prot[eacute]g[eacute] agreements.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2025-03 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
[[Page 507]]
directive material contained in FAC 2025-03 are effective January
17, 2025.
John M. Tenaglia,
Principal Director, Defense Pricing, Contracting, and Acquisition
Policy, Department of Defense.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy, U.S. General
Services Administration.
Marvin L. Horne,
Deputy Assistant Administrator for NASA Procurement, National
Aeronautics and Space Administration.
[FR Doc. 2024-31409 Filed 1-2-25; 8:45 am]
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