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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
Interested parties may obtain further information regarding these rules by referring to FAC 202107, which precedes this document.
DATES:

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 202107 and the ADDRESSES:

August 11, 2021.

FAR Case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 2025014755 or GSARegSec@gsa.gov. An asterisk
next to a rule indicates that a regulatory flexibility analysis has been prepared.

RULES LISTED IN FAC 202107
Item
Subject
I
II
III
IV
V

Section 508-Based Standards in Information and Communication Technology
Revision of Limitations on Subcontracting
Scope of Review by Procurement Center Representatives
Good Faith in Small Business Subcontracting
Technical Amendments.

SUPPLEM ENTARY 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
202107 amends the FAR as follows:

Item ISection 508-Based Standards in Information and Communication Technology FAR Case 2017011
This final rule amends the FAR to implement the Access Boards final rule published January 17, 2017. Section 508
of the Rehabilitation Act of 1973
requires the FAR to incorporate revised accessibility standards developed by the Access Board for information and communication technology ICT. The Access Board is also known as the Architectural and Transportation Barriers Compliance Board. This rule ensures that Federal employees with disabilities have comparable access to, and use of, such information and data relative to other Federal employees.
Section 508 also requires Federal agencies to ensure that members of the public with disabilities have comparable access to publicly available information and data.

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Item IIRevision of Limitations on Subcontracting FAR Case 2016011
This rule amends the FAR to implement regulatory changes made by the Small Business Administration SBA in its final rule published in the Federal Register at 81 FR 34243, on May 31, 2016. SBAs final rule implements the statutory requirements of section 1651 of the National Defense Authorization Act for Fiscal Year 2013.
Section 1651 revised and standardized the limitations on subcontracting, including the nonmanufacturer rule, that apply to small business concerns under FAR part 19 procurements.
Section 1651 shifts the limitations on
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FAR Case
subcontracting from the concept of a required percentage of work to be performed by a prime contractor to the concept of a limit on the percentage of the overall award amount to be spent by the prime on subcontractors.
Significantly, section 1651 excludes from this calculation the percentage of the award amount that the prime contractor spends on subcontractors who are similarly situated entities. This rule implements the revised and standardized limitations on subcontracting through the use of a single FAR clause for every small business program, instead of continuing to implement through multiple FAR
clauses that were specific to a particular small business program. This rule also revises the FAR clause implementing the nonmanufacturer rule to reflect the standardized requirements across all the small business programs.
This rule may have a positive economic impact on small businesses.
Through the ability to meet the limitations by means of subcontracts with similarly situated entities, this rule will make it possible for small businesses to compete for larger contracts than they could in the past.
Item IIIScope of Review by Procurement Center Representatives FAR Case 2020012
This final rule amends the FAR to implement section 1811 of the National Defense Authorization Act for Fiscal Year 2017 Pub. L. 114328, as implemented in the Small Business Administration SBA final rule published at 84 FR 65647 on November 29, 2019. Section 1811 allows SBAs procurement center representatives to review any solicitation for a contract or task order, without regard to whether it is set aside for small business concerns, or reserved in the case of a multipleaward contract, or whether it would
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2017011
2016011
2020012
2019004

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result in a bundled or consolidated contract or order.
Item IVGood Faith in Small Business Subcontracting FAR Case 2019004
This final rule amends the FAR to implement section 1821c of the National Defense Authorization Act NDAA for Fiscal Year FY 2017 15
U.S.C 637 note, Pub. L. 114328, as implemented in the Small Business Administration SBA final rule published at 84 FR 65647, dated November 29, 2019.
Specifically, the final FAR rule at FAR 19.7057 includes examples of a good faith effort to comply with the subcontracting plan, and examples of a failure to make a good faith effort.
Failure to make a good faith effort to comply with the plan may result in assessment of liquidated damages.
Additionally, the final rule amends the FAR to require that prime contractors with a commercial subcontracting plan include indirect costs in their subcontracting goals.
Previously, prime contractors were required to include indirect costs in the summary subcontract report SSR but not in their subcontracting goals, which led to inconsistencies when comparing the SSR to the goals in the commercial subcontracting plan. Including indirect costs in both the SSR and subcontracting goals established in the commercial subcontracting plan will allow for consistency.
Item VTechnical Amendments Editorial changes are made at FAR
42.7091 through 42.7097, 52.2423, and 52.2451.
William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.
FR Doc. 202116368 Filed 81021; 8:45 am BILLING CODE 6820EPP

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