16978 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

Semiannual Regulatory Agenda 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This agenda provides 

summary descriptions of regulations 

being developed by the Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council in 

compliance with Executive Order 12866 

‘‘Regulatory Planning and Review.’’ 

This agenda is being published to allow 

interested persons an opportunity to 

participate in the rulemaking process. 

The Regulatory Secretariat Division has 

attempted to list all regulations pending 

at the time of publication, except for 

minor and routine or repetitive actions; 

however, unanticipated requirements 

may result in the issuance of regulations 

that are not included in this agenda. 

There is no legal significance to the 

omission of an item from this listing. 

Also, the dates shown for the steps of 

each action are estimated and are not 

commitments to act on or by the dates 

shown. 

Published proposed rules may be 

reviewed in their entirety at the 

Government’s rulemaking website at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Lois 

Mandell, Division Director, Regulatory 

Secretariat Division, 1800 F Street NW, 

2nd Floor, Washington, DC 20405–0001, 

202–501–4755. 

SUPPLEMENTARY INFORMATION: DoD, GSA, 

and NASA, under their several statutory 

authorities, jointly issue and maintain 

the FAR through periodic issuance of 

changes published in the Federal 

Register and produced electronically as 

Federal Acquisition Circulars (FACs). 

The electronic version of the FAR, 

including changes, can be accessed on 

the FAR website at http://

www.acquisition.gov/far. 

Dated: September 4, 2020. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

DOD/GSA/NASA (FAR)—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

358 .................... FAR Acquisition Regulation (FAR); FAR Case 2015–038, Reverse Auction Guidance ................................. 9000–AN31 

359 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–014, Use of Acquisition 360 to Encourage Vendor 

Feedback.

9000–AN43 

360 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–013, Breaches of Personally Identifiable Information.9000–AN44 

361 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–016, Controlled Unclassified Information (CUI) ..... 9000–AN56 

362 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–002, Protecting Life in Global Health Assistance .. 9000–AN62 

363 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–006; Definition of Subcontract ............................... 9000–AN66 

364 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–012, Rights to Federally Funded Inventions and 

Licensing of Government-Owned Inventions.

9000–AN71 

365 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–013, Exemption of Commercial and COTS Item 

Contracts From Certain Laws and Regulations.

9000–AN72 

366 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–014, Increasing Task-Order Level Competition ..... 9000–AN73 

367 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–007, Update of Historically Underutilized Business 

Zone Program.

9000–AN90 

368 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–008, Small Business Program Amendments ......... 9000–AN91 

369 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–010, Efficient Federal Operations .......................... 9000–AN94 

370 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–015, Improving Consistency Between Procurement & Non-Procurement Procedures on Suspension and Debarment.9000–AN98 

371 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–016, Maximizing Use of American-Made Goods, 

Products and Materials.

9000–AN99 

372 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–004, Application of the MPT to Certain Task and 

Delivery Orders.

9000–AO04 

373 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–005, Explanations to Unsuccessful Offerors on 

Certain Orders Under Task and Delivery Order Contracts.

9000–AO08 

374 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–007, Accelerated Payments Applicable to Contracts With Certain Small Business Concerns.9000–AO10 

375 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–008, Prohibition on Criminal History Inquiries by 

Contractors Prior to Conditional Offer.

9000–AO11 

376 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–010, Small Business Innovation Research and 

Technology Transfer Programs.

9000–AO12 

377 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–013, Certification of Women-Owned Small Businesses.9000–AO17 

DOD/GSA/NASA (FAR)—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

378 .................... Federal Acquisition Regulation: FAR Case 2016–005; Effective Communication Between Government and 

Industry.

9000–AN29 

379 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–005, Whistleblower Protection for Contractor Employees.9000–AN32 

380 .................... Federal Acquisition Regulation; FAR Case 2016–002, Applicability of Small Business Regulations Outside 

the United States.

9000–AN34 


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DOD/GSA/NASA (FAR)—FINAL RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

381 .................... Federal Acquisition Regulation (FAR); FAR Case 2016–011, Revision of Limitations on Subcontracting .... 9000–AN35 

382 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–003; Individual Sureties ......................................... 9000–AN39 

383 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–011, Section 508-Based Standards in Information 

and Communication Technology.

9000–AN46 

384 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–018, Violation of Arms Control Treaties or Agreements With the United States.9000–AN57 

385 .................... Federal Regulation Acquisition (FAR); FAR Case 2017–019, Policy on Joint Ventures ................................ 9000–AN59 

386 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–016, Lowest Price Technically Acceptable Source 

Selection Process.

9000–AN75 

387 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–020, Construction Contract Administration ............ 9000–AN78 

388 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–021, Reserve Officer Training Corps and Military 

Recruiting on Campus.

9000–AN79 

389 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–023, Taxes-Foreign Contracts in Afghanistan ....... 9000–AN81 

390 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–017, Prohibition on Certain Telecommunications 

and Video Surveillance Services or Equipment.

9000–AN83 

391 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–001, Analysis for Equipment Acquisitions ............. 9000–AN84 

392 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–002, Recreational Services on Federal Lands ...... 9000–AN85 

393 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–003, Substantial Bundling and Consolidation ........ 9000–AN86 

394 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–004, Good Faith in Small Business Subcontracting.9000–AN87 

395 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–009, Prohibition on Contracting With Entities 

Using Certain Telecommunications and Video Surveillance Services or Equipment.

9000–AN92 

396 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–006, Documentation of Market Research .............. 9000–AO09 

397 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–011, Implementation of Issued Exclusion and Removal Orders.9000–AO13 

398 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–012, Scope of Review by Procurement Center 

Representatives.

9000–AO16 

DOD/GSA/NASA (FAR)—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

399 .................... Federal Acquisition Regulation (FAR); FAR Case 2014–002; Set-Asides Under Multiple Award Contracts 9000–AM93 

400 .................... Federal Acquisition Regulation (FAR); FAR Case 2016–013, Tax on Certain Foreign Procurement ............ 9000–AN38 

401 .................... Federal Acquisition Regulations (FAR); FAR Case 2015–002, Requirements for DD Form 254, Contract 

Security Classification Specification.

9000–AN40 

402 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–010, Evaluation Factors for Multiple-Award Contracts.9000–AN54 

403 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–004; Increased Micro-Purchase and Simplified Acquisition Thresholds.9000–AN65 

404 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–005, Modifications to Cost or Pricing Data and 

Reporting Requirements.

9000–AN69 

405 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–022; Orders Issued Via Fax or Electronic Commerce.9000–AN80 

406 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–013, Inflation Adjustment of Acquisition-Related 

Thresholds.

9000–AN96 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Proposed Rule Stage 

358. Far Acquisition Regulation (FAR); 

FAR Case 2015–038, Reverse Auction 

Guidance 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement policies addressing the 

effective use of reverse auctions. 

Reverse auctions involve offerors 

lowering their pricing over multiple 

rounds of bidding in order to win 

Federal contracts. This change 

incorporates guidance from the Office of 

Federal Procurement Policy (OFPP) 

memorandum, ‘‘Effective Use of Reverse 

Auctions,’’ which was issued in 

response to recommendations from the 

GAO report, Reverse Auctions: 

Guidance is Needed to Maximize 

Competition and Achieve Cost Savings 

(GAO–14–108). Reverse auctions are 

one tool used by Federal agencies to 

increase competition and reduce the 

cost of certain items. Reverse auctions 

differ from traditional auctions in that 

sellers compete against one another to 

provide the lowest price or highestvalue offer to a buyer. This change to 

the FAR will include guidance that will 

standardize agencies’ use of reverse 

auctions to help agencies maximize 

competition and savings when using 

reverse auctions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/07/20 85 FR 78815 

NPRM Comment 

Period End.

06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 


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Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN31 

359. Federal Acquisition Regulation 

(FAR); FAR Case 2017–014, Use of 

Acquisition 360 To Encourage Vendor 

Feedback 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to address 

the solicitation of contractor feedback 

on both contract formation and contract 

administration activities. Agencies 

would consider this feedback, as 

appropriate, to improve the efficiency 

and effectiveness of their acquisition 

activities. The rule would create FAR 

policy to encourage regular feedback in 

accordance with agency practice (both 

for contract formation and 

administration activities) and a standard 

FAR solicitation provision to support a 

sustainable model for broadened use of 

the Acquisition 360 survey to elicit 

feedback on the pre-award and 

debriefing processes in a consistent and 

standardized manner. Agencies would 

be able to use the solicitation provision 

to notify interested sources that a 

procurement is part of the Acquisition 

360 survey and encourage stakeholders 

to voluntarily provide feedback on their 

experiences of the pre-award process. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 07/23/18 83 FR 34820 

ANPRM Comment 

Period End.

09/21/18 

NPRM .................. 09/15/20 85 FR 57177 

NPRM Comment 

Period End.

11/16/20 

Final Rule ............ 04/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN43 

360. Federal Acquisition Regulation 

(FAR); FAR CASE 2017–013, Breaches 

of Personally Identifiable Information 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to create 

and implement appropriate contract 

clauses and regulatory coverage to 

address contractor requirements for a 

breach response consistent with the 

requirements. This FAR change will 

implement the requirements outlined in 

the Office of Management and Budget 

(OMB) Memorandum, M–17–12, 

‘‘Preparing for and Responding to a 

Breach of Personally Identifiable 

Information,’’ section V part B. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/21 

NPRM Comment 

Period End.

03/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN44 

361. Federal Acquisition Regulation 

(FAR); FAR CASE 2017–016, Controlled 

Unclassified Information (CUI) 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement the National Archives and 

Records Administration (NARA) 

Controlled Unclassified Information 

(CUI) program of Executive Order 13556 

of November 4, 2010. As the executive 

agent designated to oversee the 

Governmentwide CUI program, NARA 

issued implementing regulations in late 

2016 designed to address Federal 

agency policies for designating, 

safeguarding, disseminating, marking, 

decontrolling, and disposing of CUI. 

The NARA rule, which is codified at 32 

CFR 2002, affects contractors that 

handle, possess, use, share, or receive 

CUI. This FAR rule helps to ensure 

uniform implementation of the 

requirements of the CUI program in 

contracts across Government agencies. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/00/21 

NPRM Comment 

Period End.

05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN56 

362. Federal Acquisition Regulation 

(FAR); FAR CASE 2018–002, Protecting 

Life in Global Health Assistance 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement Presidential Memorandum, 

‘‘The Mexico City Policy,’’ issued on 

January 13, 2017, in accordance with 

the Department of State’s 

implementation plan dated May 9, 2017. 

This rule would extend requirements of 

the memorandum and plans to new 

funding agreements for global health 

assistance furnished by all Federal 

departments or agencies. This expanded 

policy will cover global health 

assistance to include funding for 

international health programs, such as 

those for HIV/AIDS, maternal and child 

health, malaria, global health security, 

and certain family planning and 

reproductive health. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/14/20 85 FR 56549 

NPRM Comment 

Period End.

11/13/20 

Final Rule ............ 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: FAR Policy, DOD/ 

GSA/NASA (FAR), 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

4075, Email: farpolicy@gsa.gov. 

RIN: 9000–AN62 

363. Federal Acquisition Regulation 

(FAR); FAR CASE 2018–006; Definition 

of Subcontract 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 820 of the National 

Defense Authorization Act (NDAA) for 

FY 2018. Section 820 amends 41 U.S.C. 

1906(c)(1) to change the definition of 

‘‘subcontract’’ for the procurement of 

commercial items to exclude agreements 

entered into by a contractor for the 

supply of commodities that are intended 

for use in the performance of multiple 

contracts with the Federal Government 

and other parties and are not 

identifiable to any particular contract. 

Timetable: 


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Action Date FR Cite 

NPRM .................. 03/00/21 

NPRM Comment 

Period End.

05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN66 

364. Federal Acquisition Regulation 

(FAR); FAR Case 2018–012, Rights to 

Federally Funded Inventions and 

Licensing of Government-Owned 

Inventions 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the FAR to 

implement the changes to 37 CFR parts 

401 and 404, ‘‘Rights to Federally 

Funded Inventions and Licensing of 

Government-Owned Inventions,’’ dated 

May 14, 2018. The changes reduce 

regulatory burdens on the public, but 

increase burdens on the Government, 

provide greater clarity to large 

businesses by codifying the 

applicability of Bayh-Dole as directed in 

Executive Order 12591, and provide 

greater clarity to all Federal funding 

recipients by updating regulatory 

provisions to align with provisions of 

the Leahy-Smith America Invents Act in 

terms of definitions and timeframes. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/00/21 

NPRM Comment 

Period End.

04/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN71 

365. Federal Acquisition Regulation 

(FAR); FAR Case 2018–013, Exemption 

of Commercial and COTS Item 

Contracts From Certain Laws and 

Regulations 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch.137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 839 of the John S. 

McCain National Defense Authorization 

Act for fiscal year 2019. Paragraph (a) 

requires the FAR Council to review each 

past determination made not to exempt 

contracts and subcontracts for 

commercial products, commercial 

services, and commercially available 

off-the-shelf (COTS) items from certain 

laws when these contracts would 

otherwise have been exempt under 41 

U.S.C. 1906(d) or 41 U.S.C. 1907(b). The 

FAR Council or the Administrator for 

Federal Procurement Policy has to 

determine whether there still exists 

specific reason not to provide 

exemptions from certain laws. If no 

determination is made to continue to 

exempt commercial contracts and 

subcontracts from certain laws, 

paragraph (a) requires that revisions to 

the FAR be proposed to reflect 

exemptions from those laws. 

Paragraph (b) requires the FAR 

Council to review the FAR to assess 

every regulation that requires a specific 

clause in contracts for commercial 

products or commercial services, unless 

the regulation is required by law or 

Executive Order. Paragraph (b) also 

requires that revisions to the FAR be 

proposed to eliminate those regulations 

unless the FAR Council makes a 

determination not to eliminate a 

regulation. 

Paragraph (c) requires the FAR 

Council to review the FAR to assess 

every regulation that requires a prime 

contractor to include a specific clause in 

subcontracts for commercially available 

off-the-shelf items, unless the clause is 

required by law or Executive Order. 

Paragraph (c) also requires that revisions 

to the FAR be proposed to eliminate 

those regulations unless the FAR 

Council makes a determination not to 

eliminate a regulation. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/21 

NPRM Comment 

Period End.

06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AN72 

366. Federal Acquisition Regulation 

(FAR); FAR Case 2018–014, Increasing 

Task-Order Level Competition 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 876 of the John S. 

McCain National Defense Authorization 

Act for fiscal year 2019, which would 

provide civilian agencies with an 

exception to the existing statutory 

requirement to include price to the 

Federal Government as an evaluation 

factor that must be considered in the 

evaluation of proposals for all contracts. 

The exception would only apply to IDIQ 

contracts and to Federal Supply 

Schedule contracts for services that are 

priced at an hourly rate. Furthermore, 

the exception would only apply in those 

instances where the Government 

intends to make a contract award to all 

qualifying offerors, thus affording 

maximum opportunity for effective 

competition at the task order level. An 

offeror would be qualified only if it is 

a responsible source and submits a 

proposal that conforms to the 

requirements of the solicitation, meets 

any technical requirements, and is 

otherwise eligible for award. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

NPRM Comment 

Period End.

07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN73 

367. Federal Acquisition Regulation 

(FAR); FAR Case 2019–007, Update of 

Historically Underutilized Business 

Zone Program 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement regulatory changes issued in 

a final rule on November 26, 2019 by 

the Small Business Administration 

regarding the Historically Underutilized 

Business Zone (HUBZone) Program. The 

regulatory changes are intended to 

reduce the regulatory burden associated 

with the HUBZone Program. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/00/21 

NPRM Comment 

Period End.

05/00/21 


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16982 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2815, Email: 

malissa.jones@gsa.gov. 

RIN: 9000–AN90 

368. Federal Acquisition Regulation 

(FAR); FAR Case 2019–008, Small 

Business Program Amendments 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement regulatory changes proposed 

by the Small Business Administration 

regarding small business programs. The 

proposed regulatory changes include the 

timing of the determination of size 

status for multiple-award contracts for 

which price is not evaluated at the 

contract level; the grounds for sizestatus protests; and the grounds for 

socioeconomic status protests. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/00/21 

NPRM Comment 

Period End.

05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2815, Email: 

malissa.jones@gsa.gov. 

RIN: 9000–AN91 

369. Federal Acquisition Regulation 

(FAR); FAR Case 2019–010, Efficient 

Federal Operations 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement Executive Order 13834, 

‘‘Efficient Federal Operations.’’ 

Executive Order 13834 directs Federal 

agencies to comply with statutory 

requirements related to energy and 

environmental performance in a manner 

that increases efficiency, maximizes 

performance, eliminates unnecessary 

use of resources, and protects the 

environment. This rule promotes the 

efficient acquisition of sustainable 

products, services, and construction 

methods in order to reduce energy and 

water consumption, reliance on natural 

resources, and enhance pollution 

prevention, within the Federal 

Government. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/21 

NPRM Comment 

Period End.

03/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Funk, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 357–5805, Email: 

kevin.funk@gsa.gov. 

RIN: 9000–AN94 

370. Federal Acquisition Regulation 

(FAR); FAR Case 2019–015, Improving 

Consistency Between Procurement & 

Non-Procurement Procedures on 

Suspension and Debarment 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to bring 

the FAR and the Non-procurement 

Common Rule (NCR) procedures on 

suspension and debarment into closer 

alignment. The FAR covers procurement 

matters and the NCR covers other 

transactions, such as grants, cooperative 

agreements, contracts of assistance, 

loans and loan guarantees. 

The Government uses suspension and 

debarment procedures to exercise 

business judgment. These procedures 

give Federal officials a discretionary 

means to exclude parties from 

participation in certain transactions, 

while affording those parties due 

process. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

NPRM Comment 

Period End.

07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN98 

371. Federal Acquisition Regulation 

(FAR); FAR Case 2019–016, Maximizing 

Use of American-Made Goods, Products 

and Materials 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement Executive Order (E.O.) 

13881, Maximizing Use of AmericanMade Goods, Products, and Materials, 

which would provide that materials 

shall be considered to be of foreign 

origin if: (A) for iron and steel end 

products, the cost of foreign iron and 

steel used in such iron and steel end 

products constitutes 5 percent or more 

of the cost of all the products used in 

such iron and steel end products; or (B) 

for all other end products, the cost of 

the foreign products used in such end 

products constitutes 45 percent or more 

of the cost of all the components. In 

addition, the E.O. provides that in 

determining price reasonableness or 

public interest, the evaluation factors of 

20 percent (for other than small 

businesses), or 30 percent (for small 

businesses) shall be applied to offers of 

materials of foreign origin. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/14/20 85 FR 56558 

NPRM Comment 

Period End.

11/13/20 

Final Rule ............ 01/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN99 

372. Federal Acquisition Regulation 

(FAR); FAR Case 2020–004, Application 

of the MPT To Certain Task and 

Delivery Orders 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the FAR by 

implementing section 826 of the NDAA 

for FY 2020 (Pub. L. 116–92) which 

increases the threshold for requiring fair 

opportunity on orders under multipleaward contracts from $3,500 to the 

micro-purchase threshold, unless an 

exception applies. This change applies 

the word-based threshold to ensure 

continued alignment with any future 

changes to the thresholds. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/22/20 85 FR 67327 

NPRM Comment 

Period End.

12/21/20 

Final Rule ............ 05/00/21 


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Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AO04 

373. Federal Acquisition Regulation 

(FAR); FAR Case 2020–005, 

Explanations to Unsuccessful Offerors 

on Certain Orders Under Task and 

Delivery Order Contracts 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 874 of the NDAA for 

FY 2020, which requires, when 

awarding a task or delivery order in an 

amount greater than the simplified 

acquisition threshold, but not greater 

than $5.5 million, contracting officers, 

upon written request from an 

unsuccessful offeror, to provide a brief 

explanation as to why the offeror was 

unsuccessful, including the rationale for 

award and an evaluation of the 

significant weak or deficient factors in 

the offeror’s offer. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/21 

NPRM Comment 

Period End.

06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana L. Bowman, 

Procurement Analyst, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 357– 

9652, Email: dana.bowman@gsa.gov. 

RIN: 9000–AO08 

374. Federal Acquisition Regulation 

(FAR); FAR Case 2020–007, Accelerated 

Payments Applicable to Contracts With 

Certain Small Business Concerns 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

establish an accelerated payment date 

for small business contractors, to the 

fullest extent permitted by law, with a 

goal of 15 days after receipt of a proper 

invoice, if a specific payment date is not 

established by contract. For contractors 

that subcontract with small businesses, 

the proposed rule, to the fullest extent 

permitted by law, establishes an 

accelerated payment date, with a goal of 

15 days after receipt of a proper invoice, 

if: (1) A specific payment date is not 

established by contract, and (2) the 

contractor agrees to make accelerated 

payments to the subcontractor without 

any further consideration from, or fees 

charged to, the subcontractor. This 

change implements section 873 of the 

National Defense Authorization Act for 

Fiscal Year 2020 (Pub. L. 116–92). 

Section 873 amends 31 U.S.C. 3903(a). 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/21 

NPRM Comment 

Period End.

03/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AO10 

375. Federal Acquisition Regulation 

(FAR); FAR Case 2020–008, Prohibition 

on Criminal History Inquiries by 

Contractors Prior to Conditional Offer 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 1123 of the NDAA 

for FY 2020 (Pub. L. 116–92) for the 

prohibition on criminal history 

inquiries by contractors prior to 

conditional offer to an individual or sole 

proprietor. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

NPRM Comment 

Period End.

07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AO11 

376. Federal Acquisition Regulation 

(FAR); FAR Case 2020–010, Small 

Business Innovation Research and 

Technology Transfer Programs 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement changes to the U.S. Small 

Business Administration (SBA) Small 

Business Innovation Research (SBIR) 

and Small Business Technology 

Transfer (STTR) Policy Directive issued 

(May 2, 2019). The proposed changes 

include updating FAR 27 to add 

reference to the STTR program, revise: 

definitions, allocation of rights, 

protection period, SBIR/STTR rights 

notice, data rights marking provisions, 

and add language to FAR 6.302–5(b) to 

acknowledge the unique competition 

requirements for SBIR/STTR Phase III 

contracts permitted by the Small 

Business Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/21 

NPRM Comment 

Period End.

06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AO12 

377. • Federal Acquisition Regulation 

(FAR); FAR CASE 2020–013, 

Certification of Women-Owned Small 

Businesses 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: The purpose of this new 

FAR case is to implement the statutory 

requirement for certification of womenowned and economically disadvantaged 

women-owned small businesses 

participating in the Women-Owned 

Small Business Program (section 825 of 

the National Defense Authorization Act 

for Fiscal Year 2015), as implemented 

by the Small Business Administration in 

its final rule published May 11, 2020. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

NPRM Comment 

Period End.

07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2815, Email: 

malissa.jones@gsa.gov. 

RIN: 9000–AO17 


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DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Final Rule Stage 

378. Federal Acquisition Regulation: 

FAR Case 2016–005; Effective 

Communication Between Government 

and Industry 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

implement section 887 of the NDAA for 

FY 2016 (Pub. L. 114–92). This law 

provides that Government acquisition 

personnel are permitted and encouraged 

to engage in responsible and 

constructive exchanges with industry. 

This change will permit and encourage 

Government acquisition personnel to 

engage in responsible and constructive 

exchanges with industry as part of 

market research as long as those 

exchanges are consistent with existing 

laws and regulations and promote a fair 

competitive environment. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/29/16 81 FR 85914 

NPRM Comment 

Period End.

03/02/17 

Final Rule ............ 01/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN29 

379. Federal Acquisition Regulation 

(FAR); FAR Case 2017–005, 

Whistleblower Protection for 

Contractor Employees 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement 41 U.S.C. 4712, 

‘‘Enhancement of Contractor Protection 

From Reprisal for Disclosure of Certain 

Information,’’ and makes the pilot 

program permanent. The pilot was 

enacted on January 2, 2013, by section 

828 of the National Defense 

Authorization Act (NDAA) for fiscal 

year (FY) 2013. The rule clarifies that 

contractors and subcontractors are 

prohibited from discharging, demoting, 

or otherwise discriminating against an 

employee as a reprisal for disclosing to 

any of the entities such as agency 

Inspector Generals and Congress 

information that the employee 

reasonably believes is evidence of gross 

mismanagement of a Federal contract; a 

gross waste of Federal funds; an abuse 

of authority relating to a Federal 

contract; a substantial and specific 

danger to public health or safety; or a 

violation of law, rule, or regulation 

related to a Federal contract (including 

the competition for or negotiation of a 

contract.) This rule enhances 

whistleblower protections for contractor 

employees by making permanent the 

protection for disclosure of the 

aforementioned information, and 

ensuring that the prohibition on 

reimbursement for legal fees accrued in 

defense against reprisal claims applies 

to both contractors and subcontractors. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/26/18 83 FR 66223 

NPRM Comment 

Period End.

02/25/19 

Final Rule ............ 03/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN32 

380. Federal Acquisition Regulation; 

FAR Case 2016–002, Applicability of 

Small Business Regulations Outside the 

United States 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to support 

SBA’s policy of including overseas 

contracts in agency small business 

contracting goals. SBA revised its 

regulation at 13 CFR 125.2, as finalized 

in its rule ‘‘Acquisition Process: Task 

and Delivery Order Contracts, Bundling, 

Consolidation’’ issued on October 2, 

2013, to clarify that overseas contracting 

is not excluded from agency 

responsibilities to foster small business 

participation. 

In its final rule, SBA has clarified 

that, as a general matter, its small 

business contracting regulations apply 

regardless of the place of performance. 

In light of these changes, there is a need 

to amend the FAR, both to support the 

changes to SBA’s regulation, and to give 

agencies the tools they need, especially 

the ability to use set-asides to maximize 

opportunities for small businesses 

overseas. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/12/19 84 FR 39793 

NPRM Comment 

Period End.

10/11/19 

Final Rule ............ 01/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AN34 

381. Federal Acquisition Regulation 

(FAR); FAR Case 2016–011, Revision of 

Limitations on Subcontracting 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to revise 

and standardize the limitations on 

subcontracting, including the 

nonmanufacturer rule, that apply to 

small business concerns under FAR part 

19 procurements. This rule incorporates 

the Small Business Administration’s 

(SBA) final rule that implemented the 

statutory requirements of section 1651 

of the National Defense Authorization 

Act (NDAA) for fiscal year 2013. This 

action is necessary to meet the 

Congressional intent of clarifying the 

limitations on subcontracting with 

which small businesses must comply, as 

well as the ways in which they can 

comply. The rule will benefit both small 

businesses and Federal agencies. The 

rule will allow small businesses to take 

advantage of subcontracts with similarly 

situated entities. As a result, these small 

businesses will be able to compete for 

larger contracts, which would positively 

affect their potential for growth as well 

as that of their potential subcontractors. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/04/18 83 FR 62540 

NPRM Comment 

Period End.

02/04/19 

Final Rule ............ 01/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 


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Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AN35 

382. Federal Acquisition Regulation 

(FAR); FAR Case 2017–003; Individual 

Sureties 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to change 

the kinds of assets that individual 

sureties must use as security for their 

individual surety bonds. This change 

implements section 874 of the National 

Defense Authorization Act (NDAA) for 

FY 2016 (Pub. L. 114–92), codified at 31 

U.S.C. 9310, Individual Sureties. 

Individual sureties will no longer be 

able to pledge real property, corporate 

stocks, corporate bonds, or irrevocable 

letters of credit. The requirements of 31 

U.S.C. 9310 are intended to strengthen 

the assets pledged by individual 

sureties, thereby mitigating risk to the 

Government. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/12/20 85 FR 7910 

NPRM Comment 

Period End.

04/13/20 

Final Rule ............ 01/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN39 

383. Federal Acquisition Regulation 

(FAR); FAR Case 2017–011, Section 

508-Based Standards in Information 

and Communication Technology 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

incorporate recent revisions and 

updates to accessibility standards issued 

by the U.S. Access Board pursuant to 

section 508 of the Rehabilitation Act of 

1973. This FAR change incorporates the 

U.S. Access Board’s final rule, 

‘‘Information and Communication 

Technology (ICT) Standards and 

Guidelines,’’ which published on 

January 18, 2017. This rule updates the 

FAR to ensure that the updated 

accessibility standards are appropriately 

considered in Federal ICT acquisitions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/31/20 85 FR 17831 

Correction ............ 04/16/20 85 FR 21139 

NPRM Comment 

Period End.

06/01/20 

Final Rule ............ 01/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN46 

384. Federal Acquisition Regulation 

(FAR); FAR Case 2017–018, Violation of 

Arms Control Treaties or Agreements 

With the United States 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 1290(c)(3) of the 

National Defense Authorization Act 

(NDAA) for FY 2017, which requires an 

offeror or any of its subsidiaries to 

certify that it does not engage in any 

activity that contributed to or is a 

significant factor in the determination 

that a country is not in full compliance 

with its obligations undertaken in all 

arms control, nonproliferation, and 

disarmament agreements or 

commitments in which the United 

States is a participating state. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 06/15/18 83 FR 28145 

Interim Final Rule 

Comment Period End.

08/14/18 

Final Rule ............ 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN57 

385. Federal Regulation Acquisition 

(FAR); FAR Case 2017–019, Policy on 

Joint Ventures 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement regulatory changes made by 

the Small Business Administration 

(SBA), Small Business Mentor Prote ́ge ́

Programs, published on July 25, 2016 

(81 FR 48557), regarding joint ventures 

and to clarify policy on 8(a) joint 

ventures. The regulatory changes 

provide industry with a new way to 

compete for small business or 

socioeconomic set-asides using a joint 

venture made up of a mentor and a 

prote ́ge ́. The 8(a) joint venture 

clarification prevents confusion on an 

8(a) joint venture’s eligibility to compete 

for an 8(a) competitive procurement. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/05/20 85 FR 34561 

NPRM Comment 

Period End.

08/04/20 

Final Rule ............ 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2815, Email: 

malissa.jones@gsa.gov. 

RIN: 9000–AN59 

386. Federal Acquisition Regulation 

(FAR); FAR Case 2018–016, Lowest 

Price Technically Acceptable Source 

Selection Process 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 880 of the John S. 

McCain National Defense Authorization 

Act (NDAA) for Fiscal Year (FY) 2019 to 

avoid using lowest price technically 

acceptable source selection criteria in 

circumstances that would deny the 

Government the benefits of cost and 

technical tradeoffs in the source 

selection process. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/02/19 84 FR 52425 

NPRM Comment 

Period End.

12/02/19 

Final Rule ............ 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 


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(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN75 

387. Federal Acquisition Regulation 

(FAR); FAR Case 2018–020, 

Construction Contract Administration 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 855 of the NDAA for 

FY 2019 (Pub. L. 115–232). Section 855 

requires, for solicitations for 

construction contracts anticipated to be 

awarded to a small business, 

notification to prospective offerors 

regarding agency policies or practices in 

complying with FAR requirements 

relating to the timely definitization of 

requests for equitable adjustment and 

agency past performance in definitizing 

such requests. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/01/20 85 FR 18181 

NPRM Comment 

Period End.

06/01/20 

Final Rule ............ 04/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana L. Bowman, 

Procurement Analyst, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 357– 

9652, Email: dana.bowman@gsa.gov. 

RIN: 9000–AN78 

388. Federal Acquisition Regulation 

(FAR); FAR Case 2018–021, Reserve 

Officer Training Corps and Military 

Recruiting on Campus 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement the requirements at 10 

U.S.C. 983, which prohibits the award 

of certain Federal contracts or grants to 

institutions of higher education that 

prohibit Senior Reserve Officer Training 

Corps units or military recruiting on 

campus. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/24/19 84 FR 49974 

NPRM Comment 

Period End.

11/25/19 

Action Date FR Cite 

Final Rule ............ 10/23/20 85 FR 67619 

Final Rule Effective.11/23/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN79 

389. Federal Acquisition Regulation 

(FAR); Far Case 2018–023, TaxesForeign Contracts in Afghanistan 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement the provisions on taxes, 

duties, and fees contained in the 

Security and Defense Cooperation 

Agreement (dated 2014) and the North 

Atlantic Treaty Organization Status of 

Forces Agreement (dated 2014) with the 

Islamic Republic of Afghanistan. Both 

Agreements exempt the United States 

Government, and its contractors and 

subcontractors (other than those who 

are Afghan legal entities or residents), 

from paying any tax or similar charge 

assessed on activities associated with 

contracts performed within Afghanistan. 

The Agreements also exempt the 

acquisition, importation, exportation, 

reexportation, transportation, and use of 

supplies and services in Afghanistan, by 

or on behalf of the United States 

Government, from any taxes, customs, 

duties, fees, or similar charges in 

Afghanistan. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/20/19 84 FR 49502 

Correction ............ 10/15/19 84 FR 55109 

NPRM Comment 

Period End.

11/19/19 

Final Rule ............ 10/23/20 85 FR 67623 

Final Rule Effective.11/23/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Funk, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 357–5805, Email: 

kevin.funk@gsa.gov. 

RIN: 9000–AN81 

390. Federal Acquisition Regulation 

(FAR); FAR Case 2018–017, Prohibition 

on Certain Telecommunications and 

Video Surveillance Services or 

Equipment 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

amended the Federal Acquisition 

Regulation (FAR) to implement section 

889 (a)(1)(A) of the National Defense 

Authorization Act (NDAA) for FY 19 

(Pub. L. 115–232). Section 889(a)(1)(A) 

prohibits the Government from 

procuring covered telecommunications 

equipment and services from Huawei 

Technologies Company, ZTE 

Corporation, Hytera Communications 

Corporation, Hangzhou Technology 

Company, or Dahua Technology 

Company, to include any subsidiaries or 

affiliates. Provisions have been added to 

the FAR which require that an offeror 

represent at an entity level in SAM, and 

if applicable on an offer-by-offer basis, 

if the offeror will or will not provide 

any covered telecommunications 

equipment or services to the 

Government. If an offeror responds in an 

offer that it will provide covered 

telecommunications, the offeror will 

need to provide additional disclosures. 

This FAR rule is needed to protect U.S. 

networks against cyber activities 

conducted through Chinese 

Government-supported 

telecommunications equipment and 

services. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 08/13/19 84 FR 40216 

Interim Final Rule 

Comment Period End.

10/15/19 

Interim Final Rule 12/13/19 84 FR 68314 

Interim Final Rule 

Effective.

12/13/19 

Interim Final Rule 

Comment Period End.

02/11/20 

Final Rule ............ 03/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: FAR Policy, DOD/ 

GSA/NASA (FAR), 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

4075, Email: farpolicy@gsa.gov. 

RIN: 9000–AN83 

391. Federal Acquisition Regulation 

(FAR); FAR Case 2019–001, Analysis 

for Equipment Acquisitions 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 


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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16987 

Abstract: DoD, GSA, and NASA are 

proposing to amend the FAR by 

implementing section 555 of the Federal 

Aviation Administration (FAA) 

Reauthorization Act for FY 2018 (Pub. 

L. 115–254), which requires equipment 

to be acquired using the method of 

acquisition most advantageous to the 

Government based on a case-by-case 

analysis of costs and other factors. 

Section 555 requires the methods of 

acquisition to be compared in the 

analysis to include, at a minimum: (1) 

Purchase; (2) long-term lease or rental; 

(3) short-term lease or rental; (4) 

interagency acquisition; or, (5) 

acquisition agreements with a State or 

local government. Section 555 exempts 

certain acquisitions from this required 

analysis. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/24/20 85 FR 52081 

NPRM Comment 

Period End.

10/23/20 

Final Rule ............ 04/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN84 

392. Federal Acquisition Regulation 

(FAR); FAR Case 2019–002, 

Recreational Services on Federal Lands 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to exempt 

contracts for seasonal recreational 

services and seasonal recreational 

equipment rental on Federal lands from 

the Executive Order 13658 minimum 

wage requirements. This rule 

implements Executive Order 13838 that 

was issued on May 25, 2018, and 

associated Department of Labor final 

rule published on September 26, 2018. 

In accordance with Executive Order 

13838, this rule will not limit Executive 

Order 13658’s coverage of lodging and 

food services associated with seasonal 

recreational services, even when 

seasonal recreational services or 

seasonal recreational equipment rental 

are also provided under the same 

contract. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/21/19 84 FR 56157 

NPRM Comment 

Period End.

12/20/19 

Final Rule ............ 10/23/20 85 FR 67626 

Final Rule Effective.11/23/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Funk, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 357–5805, Email: 

kevin.funk@gsa.gov. 

RIN: 9000–AN85 

393. Federal Acquisition Regulation 

(FAR); FAR Case 2019–003, Substantial 

Bundling and Consolidation 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

amending the Federal Acquisition 

Regulation (FAR) to implement section 

863 of the National Defense 

Authorization Acts (NDAA) for FY 2016 

and the Small Business Administration 

(SBA) implementing regulations 

requiring publication of a notice of 

substantial bundling and a notice of 

consolidation of contract requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/27/20 85 FR 23299 

NPRM Comment 

Period End.

06/26/20 

Final Rule ............ 04/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana Bowman, 

Procurement Analyst, DoD/GSA/NASA 

(FAR), DOD/GSA/NASA (FAR), 1800 F 

Street NW, Washington, DC 20405, 

Phone: 202 208–4949, Email: 

dana.bowman@gsa.gov. 

RIN: 9000–AN86 

394. Federal Acquisition Regulation 

(FAR); FAR Case 2019–004, Good Faith 

in Small Business Subcontracting 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 1821 of the National 

Defense Authorization Act (NDAA) for 

FY 2017 and the Small Business 

Administration regulatory changes 

relating to small business 

subcontracting plans. Section 1821 

requires examples of activities that 

would be considered a failure to make 

a good faith effort to comply with small 

business subcontracting plan 

requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/03/20 85 FR 34155 

NPRM Comment 

Period End.

08/03/20 

Final Rule ............ 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana L. Bowman, 

Procurement Analyst, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 357– 

9652, Email: dana.bowman@gsa.gov. 

RIN: 9000–AN87 

395. Federal Acquisition Regulation 

(FAR); FAR Case 2019–009, Prohibition 

on Contracting With Entities Using 

Certain Telecommunications and Video 

Surveillance Services or Equipment 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

amending the Federal Acquisition 

Regulation (FAR) to implement 

paragraph (a)(1)(B) of section 889 of the 

National Defense Authorization Act 

(NDAA) for FY 19 (Pub. L. 115–232). 

Beginning two years from the enacted 

date, paragraph (a)(1)(B) of section 889 

prohibits the Government from entering 

into a contract or extending or renewing 

a contract with an entity that uses any 

equipment, system, or service that uses 

covered telecommunications equipment 

and services from Huawei Technologies 

Company, ZTE Corporation, Hytera 

Communications Corporation, 

Hangzhou Technology Company, or 

Dahua Technology Company, to include 

any subsidiaries or affiliates. This FAR 

rule is needed to protect U.S. networks 

against cyber activities conducted 

through Chinese Government-supported 

telecommunications equipment and 

services. Paragraph (a)(1)(A) of section 

889 is being implemented separately 

through FAR Case 2018–017. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 07/14/20 85 FR 42665 

Interim Final Rule 

Effective.

08/13/20 

Interim Final Rule 08/27/20 85 FR 53126 

Interim Final Rule 

Comment Period End.

09/14/20 

Interim Final Rule 

Comment Period End.

10/26/20 


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16988 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

Action Date FR Cite 

Interim Final Rule 

Effective.

10/26/20 

Final Rule ............ 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: FAR Policy, DOD/ 

GSA/NASA (FAR), 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

4075, Email: farpolicy@gsa.gov. 

RIN: 9000–AN92 

396. Federal Acquisition Regulation 

(FAR); FAR Case 2020–006, 

Documentation of Market Research 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

opened this case to implement section 

818 of the NDAA for FY 2020. Section 

818 amends 10 U.S.C. 2377(c) and 41 

U.S.C. 3307(d) to require the head of the 

agency document the results of market 

research in a manner appropriate to the 

size and complexity of the acquisition. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 10/23/20 85 FR 67623 

Final Rule Effective.11/23/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AO09 

397. Federal Acquisition Regulation 

(FAR); FAR Case 2020–011, 

Implementation of Issued Exclusion 

and Removal Orders 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: This rule will amend the 

Federal Acquisition Regulation (FAR) to 

address implementation of issued 

exclusion and removal orders 

authorized by section 202 of the 

SECURE Technology Act (115 Pub. L. 

390), which amends 41 U.S.C. 1323 by 

creating the Federal Acquisition 

Security Council (FASC) and 

authorizing the Secretary of Homeland 

Security, the Secretary of Defense, and 

the Director of National Intelligence to 

issue exclusion and removal orders, 

upon the recommendation of the FASC. 

These orders are issued to protect 

national security by excluding certain 

covered products, services, or sources 

from the Federal supply chain. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 01/00/21 

Interim Final Rule 

Comment Period End.

03/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AO13 

398. • Federal Acquisition Regulation 

(FAR); FAR Case 2020–012, Scope of 

Review by Procurement Center 

Representatives 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: The purpose of this new 

FAR case is to implement section 1811 

of the National Defense Authorization 

Act for Fiscal Year 2017 (15 U.S.C. 

644(l)(9)(A)), as implemented by the 

Small Business Administration’s final 

rule published November 29, 2019 (84 

FR 65647). 15 U.S.C. 644(l)(9)(A) allows 

procurement center representatives to 

review solicitations without regard to 

whether the contract or order is set 

aside for small business, or reserved in 

the case of a multiple-award contract, or 

whether the solicitation would result in 

a bundled or consolidated contract or 

order. 

Timetable: 

Action Date FR Cite 

Direct Final Rule 04/00/21 

Direct Final Rule 

Comment Period End.

06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2815, Email: 

malissa.jones@gsa.gov. 

RIN: 9000–AO16 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Completed Actions 

399. Federal Acquisition Regulation 

(FAR); FAR Case 2014–002; Set–Asides 

Under Multiple Award Contracts 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

implement regulatory changes made by 

the Small Business Administration, 

which provide Governmentwide policy 

for partial set-asides and reserves and 

for set-asides of orders for small 

business concerns under multipleaward contracts. 

Completed: 

Reason Date FR Cite 

Final Rule Effective.03/30/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AM93 

400. Federal Acquisition Regulation 

(FAR); FAR Case 2016–013, Tax on 

Certain Foreign Procurement 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 37; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement a final rule issued by the 

Department of the Treasury that 

implements section 301 of the James 

Zadroga 9/11 Health and Compensation 

Act of 2010, Public Law 111–347. This 

section imposes on any foreign person 

that receives a specified Federal 

procurement payment a tax equal to two 

percent of the amount of such payment. 

This rule applies to foreign persons that 

are awarded Federal Government 

contracts to provide goods or services. 

completed: 

Reason Date FR Cite 

Final Rule ............ 05/06/20 85 FR 27098 

Final Rule Effective.06/05/20 

Regulatory Flexibility Analysis 

Required: Yes. 


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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16989 

Agency Contact: Zenaida Delgado, 

Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN38 

401. Federal Acquisition Regulations 

(FAR); FAR Case 2015–002, 

Requirements for DD Form 254, 

Contract Security Classification 

Specification 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to require 

the use of Department of Defense (DoD) 

Wide Area Workflow (WAWF) for the 

electronic submission of the DD Form 

254, ‘‘Contract Security Classification 

Specification.’’ This form is used to 

convey security requirements regarding 

classified information to contractors and 

subcontractors and must be submitted to 

the Defense Security Services (DSS) 

when contractors or subcontractors 

require access to classified information 

under contracts awarded by agencies 

that are covered by the National 

Industrial Security Program (NISP). By 

changing the submittal process of the 

form from a manual process to an 

automated one, the Government will 

reduce the cost of maintaining the 

forms, while also providing a 

centralized repository for classified 

contract security requirements and 

supporting data. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 07/02/20 85 FR 40061 

Final Rule Effective.08/03/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover, 

Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN40 

402. Federal Acquisition Regulation 

(FAR); FAR Case 2017–010, Evaluation 

Factors for Multiple-Award Contracts 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 825 of the National 

Defense Authorization Act (NDAA) for 

FY 17 (Pub. L. 114–328). Section 825 

amends 10 U.S.C. 2305(a)(3) to change 

the requirement regarding the 

consideration of cost or price to the 

Government as a factor in the evaluation 

of proposals for certain multiple-award 

task order contracts awarded by DoD, 

NASA, or the Coast Guard. At the 

Government’s discretion, solicitations 

for multiple-award contracts, which 

intend to award the same or similar 

services to each qualifying offeror, do 

not require price or cost as an 

evaluation factor for the base contract 

award. This rule will streamline the 

award of contracts for DoD, NASA, and 

the Coast Guard because they will not 

be required to consider cost or price in 

the evaluation of the award decision. 

Relieving the requirement to account for 

cost or price when evaluating proposals 

for these types of contracts, which 

feature competitive orders, will enable 

procurement officials to focus their 

energy on establishing and evaluating 

the non-price factors that will result in 

more meaningful distinctions among 

offerors. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 07/02/20 85 FR 40068 

Final Rule Effective.08/03/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN54 

403. Federal Acquisition Regulation 

(FAR); FAR Case 2018–004; Increased 

Micro-Purchase and Simplified 

Acquisition Thresholds 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the FAR to 

implement sections 805, 806, and 

1702(a) of the National Defense 

Authorization Act (NDAA) for FY 2018. 

Section 805 increases the micropurchase threshold (MPT) to $10,000 

and limits the use of convenience 

checks to not more than one half of the 

MPT amount (i.e., $5,000). Section 806 

increases the simplified acquisition 

threshold (SAT) to $250,000. Section 

1702(a) amends section 15(j)(1) of the 

Small Business Act (15 U.S.C. 644(j)(1)) 

to replace specific dollar thresholds 

with the terms ‘‘micro-purchase 

threshold’’ and ‘‘simplified acquisition 

threshold.’’ 

Completed: 

Reason Date FR Cite 

Final Rule ............ 07/02/20 85 FR 40064 

Reason Date FR Cite 

Final Rule Effective.08/31/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN65 

404. Federal Acquisition Regulation 

(FAR); FAR Case 2018–005, 

Modifications to Cost or Pricing Data 

and Reporting Requirements 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

increase the Truth in Negotiation Act 

(TINA) threshold to $2 million and 

require other than certified cost or 

pricing data. The rule reduces the 

burden on contractors because they 

would not be required to certify their 

cost or pricing data between $750,000 

and $2 million. This change implements 

section 811 of the National Defense 

Authorization Act (NDAA) for FY 2018. 

Section 811 modifies 10 U.S.C. 2306a 

and 41 U.S.C. 3502. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 07/02/20 85 FR 40071 

Final Rule Effective.08/03/20 

Correction ............ 08/28/20 85 FR 53247 

Final Rule Effective.08/28/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN69 

405. Federal Acquisition Regulation 

(FAR); FAR Case 2018–022; Orders 

Issued Via Fax or Electronic Commerce 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 40 U.S.C. 121(c); 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule amending a Federal 

Acquisition Regulation (FAR) clause to 

permit the issuance of task or delivery 

orders via facsimile or electronic 

commerce and clarify when an order is 

considered ‘’issued’’ when using these 

methods. 

Completed: 


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16990 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

Reason Date FR Cite 

Final Rule ............ 07/02/20 85 FR 40075 

Final Rule Effective.08/03/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover, 

Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN80 

406. Federal Acquisition Regulation 

(FAR); FAR Case 2019–013, Inflation 

Adjustment of Acquisition-Related 

Thresholds 

E.O. 13771 Designation: Other. 

Legal Authority: 40 U.S.C. 121(c) ; 10 

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement the inflation adjustment of 

acquisition-related dollar thresholds. A 

statute (41 U.S.C. 1908) requires an 

adjustment every 5 years of acquisitionrelated thresholds for inflation using the 

Consumer Price Index for all urban 

consumers, except for the Construction 

Wage Rate Requirements statute 

(formerly Davis-Bacon Act), Service 

Contract Labor Standards statute, and 

trade agreements thresholds. 

Completed: 

Reason Date FR Cite 

NPRM .................. 06/30/20 85 FR 39146 

Final Rule ............ 10/02/20 85 FR 62485 

Final Rule Effective.10/01/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN96 

[FR Doc. 2021–04359 Filed 3–30–21; 8:45 am] 

BILLING CODE 6820–EP–P 


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