[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69526-69527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21324]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR-2023-0051, Sequence No. 5]


Federal Acquisition Regulation; Federal Acquisition Circular 
2023-06; Small Entity Compliance Guide

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Small Entity Compliance Guide (SECG).

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SUMMARY: 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) 2023-06, which amends 
the Federal Acquisition Regulation (FAR). Interested parties may obtain 
further information regarding these rules by referring to FAC 2023-06, 
which precedes this document.

DATES: October 5, 2023.

ADDRESSES: The FAC, including the SECG, is available 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 
2023-06 and the FAR Case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat Division 
at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#f5b2a6b4a79092a69096b5928694db929a83"><span class="__cf_email__" data-cfemail="4a0d190b182f2d192f290a2d392b642d253c">[email protected]</span></a>. An asterisk (*) next to a rule 
indicates that a regulatory flexibility analysis has been prepared.

                       Rules Listed in FAC 2023-06
------------------------------------------------------------------------
       Item               Subject           FAR case         Analyst
------------------------------------------------------------------------
I *..............  Implementation of           2020-011  Ryba.
                    Federal Acquisition
                    Supply Chain
                    Security Act
                    (FASCSA) Orders.
II *.............  Whistleblower               2017-005  Jones.
                    Protection for
                    Contractor
                    Employees.
III *............  8(a) Program........        2021-012  Bowman.
IV...............  Technical Amendments
------------------------------------------------------------------------


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 2023-06 amends the FAR as follows:

Item I--Implementation of Federal Acquisition Supply Chain Security Act 
(FASCSA) Orders (FAR Case 2020-011)

    This interim rule amends the Federal Acquisition Regulation (FAR) 
to implement supply chain risk information sharing and exclusion or 
removal orders required by the Federal Acquisition Supply Chain 
Security Act of 2018 and a final rule issued by the Federal Acquisition 
Security Council (FASC).
    The FAR is being amended to implement applicable exclusion or 
removal orders recommended by the FASC when they are issued by the 
Secretary of Homeland Security, the Secretary of Defense, or the 
Director of National Intelligence. Offerors will be required to check 
both the System for Award Management and individual solicitations for 
applicable exclusion orders.
    This rule applies to all acquisitions, including acquisitions at or 
below the simplified acquisition threshold and to acquisitions of 
commercial items, including commercially available off-the-shelf items. 
It may have a significant economic impact on a substantial number of 
small entities.

Item II--Whistleblower Protection for Contractor Employees (FAR Case 
2017-005)

    This final rule amends the FAR to implement Public Law 114-261 (41 
U.S.C. 4712). The rule enhances whistleblower protection for contractor 
employees by making permanent the protection for disclosure of certain 
information. It also clarifies that the FAR 31.205-47 prohibition on 
reimbursement for legal fees accrued in defense against reprisal claims 
applies to subcontractors, as well as contractors.
    DoD, NASA and the Coast Guard have a different whistleblower 
program for contractor employees.
    This final rule will not have a significant economic impact on a 
substantial number of small entities.

[[Page 69527]]

Item III--8(a) Program Changes (FAR Case 2021-012)

    This final rule amends the FAR to update and clarify requirements 
associated with the Small Business Administration's (SBA) 8(a) program. 
Specifically, this rule clarifies that the certificate of competency 
program is not applicable to 8(a) sole-source awards and requires that 
BPAs issued under part 13, including orders placed under part 13 BPAs 
under the 8(a) Program, must be offered to, and accepted by SBA. 
Additionally, this rule clarifies an 8(a) participant's eligibility for 
award for a two-step design procurement and clarifies that a concern 
must be a current participant in the 8(a) program at the time of an 
8(a) sole-source award. This rule also implements policy that allows 
the SBA to appeal a contracting officer's decision that an acquisition 
previously procured under the 8(a) program is a new requirement not 
subject to the release requirements set forth in 13 CFR. Furthermore, 
this rule requires the contracting officer to notify the SBA when the 
contracting officer decides that a requirement, previously procured 
under the 8(a) program, is a new requirement and not a follow-on 
requirement to an 8(a) contract; and when the procuring activity 
intends to procure a follow-on requirement using an existing limited 
contracting vehicle that is not available to all 8(a) participants and 
the current or previous 8(a) contract was available to all 8(a) 
participants. Lastly, this rule encourages the contracting officer to 
notify the SBA Associate Administrator for Business Development at 
least 30 days prior to the end of the contract or order when a 
mandatory source will be used for a follow-on requirement to an 8(a) 
contract.

Item IV--Technical Amendments

    An administrative change is made at FAR 52.212-3.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2023-21324 Filed 10-4-23; 8:45 am]
BILLING CODE 6820-EP-P


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