Federal Register - November 4, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations and National Aeronautics and Space Administration NASA.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
ACTION:
Small Entity Compliance Guide.
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
202201, which amends the Federal Acquisition Regulation FAR.
Interested parties may obtain further information regarding these rules by
SUMMARY:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
Docket No. FAR20210051, Sequence No.
5
Federal Acquisition Regulation;
Federal Acquisition Circular 202201;
Small Entity Compliance Guide Department of Defense DoD, General Services Administration GSA,
AGENCY:
referring to FAC 202201, which precedes this document.
DATES: November 4, 2021.
ADDRESSES: 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 202201 and the 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 202201
Item
Subject
I
II
III
Revision of Definition of Commercial Item
Consolidation and Substantial Bundling
Maximum Award Price for Certain Sole Source Manufacturing Contracts
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
202201 amends the FAR as follows:
Item IRevision of Definition of Commercial Item FAR Case 2018
018
lotter on DSK11XQN23PROD with RULES2
This final rule removes the definition of commercial item and replaces it with the definitions of commercial product and commercial service.
The rule makes numerous conforming changes throughout the FAR. The rule implements section 836 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 Pub. L. 115
232. This final rule will not have a significant economic impact on a substantial number of small entities.
VerDate Sep<11>2014
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FAR case 2018018
2019003
2021007
Analyst Delgado.
Bowman.
Jackson.
Item IIConsolidation and Substantial Bundling FAR Case 2019003
agency must also publish the justification along with the solicitation.
This final rule amends the FAR to implement section 863 of the National Defense Authorization Act for Fiscal Year 2016, as implemented in the Small Business Administration SBA final rule published at 84 FR 65647 on November 29, 2019. Section 863
requires publication of public notices of determinations for consolidation and substantial bundling of contract requirements. Specifically, section 863
requires the head of an agency to publish a notice on a public website within 7 days of making the determination that an acquisition plan involves a substantial bundling of contract requirements. Section 863 also requires the Senior Procurement Executive or Chief Acquisition Officer to publish a notice on a public website that consolidation of contract requirements is necessary and justified.
In both cases, the agency may not issue the solicitation any earlier than 7 days after publication of the notices. The
Item IIIMaximum Award Price for Certain Sole Source Manufacturing Contracts FAR Case 2021007
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This final rule amends the FAR to implement section 864 of the William M. Mac Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116283, January 1, 2021.
Section 864 amends the Small Business Act to modify the maximum award price for manufacturing contracts to $7
million for 8a program participants, Women-Owned Small Business WOSB
program participants, Historically Underutilized Business Zone HUBZone small business concerns, and Service-Disabled Veteran-Owned Small Business SDVOSB concerns.
William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.
FR Doc. 202122147 Filed 11321; 8:45 am BILLING CODE 6820EPP
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