69526 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations 

Regulation (FAR) in order to make 

needed editorial changes. 

DATES: Effective November 6, 2023. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lois Mandell, Regulatory Secretariat 

Division (MVCB), at 202–501–4755 or 

GSARegSec@gsa.gov. Please cite FAC 

2023–06, Technical Amendments. 

SUPPLEMENTARY INFORMATION: This 

document makes editorial changes to 48 

CFR part 52. 

List of Subjects in 48 CFR Part 52 

Government procurement. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

Therefore, DoD, GSA, and NASA 

amend 48 CFR part 52 as set forth 

below: 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 1. The authority citation for 48 CFR 

part 52 continues to read as follows: 

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

chapter 4 and 10 U.S.C. chapter 137 legacy 

provisions (see 10 U.S.C. 3016); and 51 

U.S.C. 20113. 

■ 2. Amend section 52.212–3 by— 

■ a. Revising the date of the provision; 

■ b. Removing from paragraph (k)(1) 

introductory text ‘‘(1) b Maintenance’’ 

and adding ‘‘b (1) Maintenance’’ in its 

place; and 

■ c. Removing from paragraph (k)(2) 

introductory text ‘‘(2) b Certain’’ and 

adding ‘‘b (2) Certain’’ in its place. 

The revision reads as follows: 

52.212–3 Offeror Representations and 

Certifications—Commercial Products and 

Commercial Services. 

* * * * * 

Offeror Representations and Certifications— 

Commercial Products and Commercial 

Services (NOV 2023) 

* * * * * 

[FR Doc. 2023–21323 Filed 10–4–23; 8:45 am] 

BILLING CODE 6820–EP–P 

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). 

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 

GSARegSec@gsa.gov. 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 Federal Acquisition Supply Chain Security Act 

(FASCSA) Orders.

2020–011 Ryba. 

II * .................. Whistleblower Protection for Contractor Employees ................................. 2017–005 Jones. 

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 offthe-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. 


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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations 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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