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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations Amended
Secretariat Division at 2025014755.
Please cite FAC 202201, FAR Case 2019003.
SUPPLEMENTARY INFORMATION:

241. Amend section 53.232 by removing the text Jul 2009 and adding NOV 2021 in its place.
242. Amend section 53.300 in paragraph a by revising the entry for SF 1449 to read as follows:

53.300 Listing of Standard, Optional, and Agency forms.

a

TABLE 531FORMS IN THE GSA
FORMS LIBRARY
Form No.

Form title

SF 1449

Solicitation/Contract/Order for Commercial Products and Commercial Services.

FR Doc. 202122144 Filed 11321; 8:45 am BILLING CODE 6820EPP

DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 5 and 7
FAC 202201; FAR Case 2019003; Item II; Docket No. 20190029; Sequence No. 1
RIN 9000AN86

Federal Acquisition Regulation:
Consolidation and Substantial Bundling Department of Defense DoD, General Services Administration GSA, and National Aeronautics and Space Administration NASA.
ACTION: Final rule.
AGENCY:

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation FAR to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that requires providing public notices of determinations for substantial bundling and consolidation of contract requirements.
DATES: Effective December 6, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Dana Bowman, Procurement Analyst, at 2028033188, or by email at dana.bowman@gsa.gov. For information pertaining to status or publication schedules, contact the Regulatory
lotter on DSK11XQN23PROD with RULES2

SUMMARY:

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I. Background DoD, GSA, and NASA published a proposed rule at 85 FR 23299 on April 27, 2020, to implement section 863 of the National Defense Authorization Act NDAA for Fiscal Year FY 2016 Pub.
L. 11492, codified at 15 U.S.C.
644e3 and 15 U.S.C. 657qc2 and the Small Business Administration SBA implementing regulations. SBA
published a final rule to implement section 863 on November 29, 2019, at 84
FR 65647.
Section 863 requires public notification of an agencys determination to substantially bundle or consolidate contract requirements.
Specifically, publication of a notice is required when the head of a contracting agency determines that an acquisition plan for a procurement involves substantial bundling of contract requirements. The head of the contracting agency must publish a notice on a public website that such determination has been made not later than 7 days after making the determination. Any solicitation for a procurement related to the acquisition plan may not be published earlier than 7 days after such notice is published. A
justification for the determination must be published with the solicitation. The justification must address the specific benefits anticipated, any alternative approaches, impediments to participation by small business concerns as prime contractors, and actions designed to maximize participation of small business concerns as subcontractors see 15 U.S.C.
644e3A through C.
Section 863 also requires publication of a notice when the senior procurement executive SPE or chief acquisition officer CAO makes a determination that an acquisition strategy involving consolidation of contract requirements is necessary and justified under 15
U.S.C. 657qc2A. The SPE or CAO
must publish a notice on a public website that such determination has been made not later than 7 days after making the determination. Any solicitation for a procurement related to the acquisition strategy may not be published earlier than 7 days after such notice is published. A justification for the determination must be published with the solicitation. The justification must include the information in 15
U.S.C. 657qc1A through E.
As a result, this final rule amends FAR 7.1075, Notifications, to require
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the publication on the Governmentwide Point of Entry of a notice of substantial bundling or of a notice of consolidation, as required in the SBA final rule. This section also contains references to the required content of the consolidation determination at FAR 7.1072 and the substantial bundling determination at FAR 7.1074.
Four respondents submitted public comments in response to the proposed rule.
II. Discussion and Analysis The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council the Councils reviewed the public comments in the development of the final rule. A
discussion of the comments received and any changes made to the rule as a result of the public comments are provided as follows:
A. Summary of Significant Changes From the Proposed Rule There are no significant changes made to the final rule.
B. Analysis of Public Comments 1. Support for the Rule Comment: One respondent expressed support for the rule.
Response: The Councils acknowledge the respondents support for the rule.
2. More Time Between Publication of Notice and Solicitation Issuance Comment: Two respondents expressed concern about the 7-day notification period, stating that it is not enough time for small businesses to plan and strategize. The respondents requested the notification posting period be extended for a longer time, at least 2 weeks.
Response: This FAR rule uses the same time period set forth in SBAs implementation of section 863 after SBA
considered the length of the notification period.
3. Location of Notices Comment: One respondent suggested that the existing requirement to publish the notification on a public site is too vague and that compliance could be satisfied by posting on an agencys social media platform. The respondent recommends that all notifications should be posted on beta.sam via the Governmentwide point of entry GPE.
Response: This rule implements section 863 of the NDAA for FY 2016
Pub. L. 11492 and the SBA
implementing regulations 13 CFR 125, which requires agencies to provide public notices on the GPE of determinations for substantial bundling
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