Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules 68067 

with a new build or major release, the 

contractor must update the computer SBOM 

in paragraph (c)(3)(i) of this clause to reflect 

the new version of the computer software 

and provide (or provide access to) the 

updated SBOM to the Contracting Officer. 

This includes computer software builds to 

integrate an updated component or 

dependency. 

(iii) If an SBOM has been provided to the 

contracting officer at the basic contract level, 

the SBOM does not need to be provided to 

the contracting officer for each order. 

(4) Incident and damage assessment 

activities. If the Government elects to 

conduct an incident or damage assessment 

regarding a security incident, the Contractor 

shall promptly provide to the Government, 

and any independent third party specifically 

authorized by the Government, all 

information identified in paragraphs (c)(1), 

(c)(2), and (c)(3) of this clause. 

(5) Malicious computer software. If the 

Contractor discovers and isolates malicious 

computer software in connection with a 

security incident, the Contractor shall submit 

malicious code samples or artifacts to CISA 

using the appropriate form at https://

www.malware.us-cert.gov within 8 hours of 

discovery and isolation of the malicious 

computer software in addition to required 

incident reporting pursuant to paragraph (b) 

of this clause. 

(6) Access, including access to additional 

information or equipment necessary for 

forensic analysis. 

(i) Upon request by the Contracting Officer, 

CISA or the FBI, in response to a security 

incident reported in accordance with 

paragraph (b)(1) of this clause, or in response 

to a CISA or FBI access request based on an 

identified security incident, the Contractor 

shall first validate any CISA or FBI access 

request according to the procedures in 

(c)(6)(ii) of this clause, and then respond to 

any requests for access from the contracting 

agency, CISA, and the FBI within 96 hours 

with available information identified in 

paragraphs (c)(1), (c)(2), and (c)(3) of this 

clause, as well as access to additional 

information or equipment that is necessary to 

conduct a forensic analysis. 

(A) Consistent with applicable laws, 

regulations, and Governmentwide policies 

that limit or prohibit access to data, this 

includes full access and cooperation for all 

activities determined by the contracting 

agency, CISA, and the FBI to: 

(1) Ensure an effective incident response, 

investigation of potential incidents, and 

threat hunting activity, including supporting 

cloud and virtual infrastructure; and 

(2) Coordinate with CISA, the FBI, and the 

contracting agency to develop and implement 

corrections, fixes or other mitigations for 

discovered vulnerabilities and exploits. 

(B) This also includes timely access to 

Contractor personnel involved in the 

performance of the contract. 

(ii) Prior to responding to a request from 

CISA or the FBI for information or access 

under this clause, the Contractor shall: 

(A)(1) For requests from CISA, confirm the 

validity of the request by contacting CISA 

Central at report@cisa.gov or (888) 282–0870, 

(2) For requests from the FBI, confirm the 

validity of the request by contacting the FBI 

field office identified by the requestor using 

contact information from https://

www.fbi.gov/contact-us/field-offices; and 

(B) Immediately notify the Contracting 

Officer and any other agency official 

designated in the contract in writing of 

receipt of the request. Provision of 

information and access to CISA and the FBI 

under this clause shall not be delayed by 

submission of this notification or awaiting 

acknowledgement of its receipt. 

(d) Cyber threat indicators and defensive 

measures reporting. The Contractor shall 

either— 

(1) Subscribe to the Automated Indicator 

Sharing (AIS) (https://www.cisa.gov/ais) 

capability or successor technology during the 

performance of the contract. The Contractor 

shall share cyber threat indicators and 

recommended defensive measures, to include 

associated tactics, techniques, and 

procedures, if available, when such 

indicators or measures are observed on 

information and communications technology 

used in performance of the contract or 

provided to the Government, in an automated 

fashion using this medium during the 

performance of the contract. Contractors 

submitting cyber threat indicators and 

defensive measures through AIS will receive 

applicable legal protections (see 6 U.S.C. 

1505) in accordance with the Cybersecurity 

Information Sharing Act of 2015, Procedures 

and Guidance; or 

(2) During the performance of the contract, 

participate in an information sharing and 

analysis organization or information sharing 

and analysis center with the capability to 

share indicators with AIS or successor 

technology and that further shares cyber 

threat indicators and recommended 

defensive measures submitted to it with AIS, 

during the performance of the contract. The 

Contractor shall share cyber threat indicators 

and recommended defensive measures, when 

such indicators or measures are observed on 

information and communications technology 

used during performance of the contract or 

provided to the Government, with the ISAO 

or ISAC during the performance of the 

contract, in addition to required incident 

reporting pursuant to paragraph (b) of this 

clause. Contractors submitting cyber threat 

indicators and defensive measures through 

an ISAO or ISAC will receive applicable legal 

protections in accordance with the 

Cybersecurity Information Sharing Act of 

2015 Procedures and Guidance. 

(e) Internet Protocol version 6 (IPv6). 

(1) This paragraph (e) applies to— 

(i) Any ICT using internet protocol 

provided to the Government, and 

(ii) Any interfaces exposed to the 

Government from a Contractor information 

system using internet protocol. 

(2) The Contractor shall comply with all 

applicable mandatory capabilities specified 

in the current version of the USGv6 Profile 

(NIST Special Publication 500–267B) (see 

Office of Management and Budget (OMB) 

Memorandum M–21–07, Completing the 

Transition to Internet Protocol Version 6 

(IPv6) dated November 19, 2020) and provide 

to the Contracting Officer a copy of or access 

to the corresponding supplier’s declaration of 

conformity in accordance with the USGv6 

Test Program (see NIST SP 500–281A). 

(3) The agency may have granted a waiver 

to this paragraph (e). If so, elsewhere in this 

contract the waiver will be identified along 

with any conditions (see FAR 39.106–2). 

(f) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (f), in all 

subcontracts where ICT is used or provided 

in the performance of the subcontract, 

including subcontracts for the acquisition of 

commercial products or services. All 

references to the Contractor are applicable to 

all subcontractors. The Contractor shall 

require subcontractors to notify the prime 

Contractor and next higher tier subcontractor 

within 8 hours of discovery of a security 

incident. 

(End of clause) 

■ 25. Amend section 52.244–6 by— 

■ a. Revising the date of the clause; and 

■ b. Redesignating paragraph (c)(1)(xxi) 

as paragraph (c)(1)(xxii) and adding a 

new paragraph (c)(1)(xxi). 

The revision and addition read as 

follows: 

52.244–6 Subcontracts for Commercial 

Products and Commercial Services. 

* * * * * 

Subcontracts for Commercial Products 

and Commercial Services (DATE) 

* * * * * 

(c)(1) * * * 

(xxi) 52.239–ZZ, Incident and Threat 

Reporting and Incident Response 

Requirements for Products or Services 

Containing Information and Communications 

Technology (Date) (E.O. 14028), if flow down 

is required in accordance with paragraph (f) 

of FAR clause 52.239–ZZ. 

* * * * * 

[FR Doc. 2023–21328 Filed 10–2–23; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 19 

[FAR Case 2021–009; Docket No. FAR– 

2021–0010; Sequence No. 1] 

RIN 9000–AO26 

Federal Acquisition Regulation: 

Protests of Orders Set Aside for Small 

Business 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 


ddrumheller on DSK120RN23PROD with PROPOSALS1
68068 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules 

Acquisition Regulation (FAR) to 

implement regulatory changes made by 

the Small Business Administration to 

update and clarify requirements 

associated with size and/or 

socioeconomic status protests in 

connection with multiple-award 

contract set-asides and reserves and 

orders placed under multiple-award 

contracts. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before December 4, 

2023 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2021–009 to the 

Federal eRulemaking portal at https:// 

www.regulations.gov by searching for 

‘‘FAR Case 2021–009’’. Select the link 

‘‘Comment Now’’ that corresponds with 

‘‘FAR Case 2021–009’’. Follow the 

instructions provided on the ‘‘Comment 

Now’’ screen. Please include your name, 

company name (if any), and ‘‘FAR Case 

2021–009’’ on your attached document. 

If your comment cannot be submitted 

using https://www.regulations.gov, call 

or email the points of contact in the FOR

FURTHER INFORMATION CONTACT section of 

this document for alternate instructions. 

Instructions: Please submit comments 

only and cite ‘‘FAR Case 2021–009’’ in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to https:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. Public comments 

may be submitted as an individual, as 

an organization, or anonymously (see 

frequently asked questions at https:// 

www.regulations.gov/faq). To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov, 

approximately two to three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Dana Bowman, Procurement Analyst, at 

202–803–3188 or by email at 

dana.bowman@gsa.gov, for clarification 

of content. For information pertaining to 

status, publication schedules, or 

alternate instructions for submitting 

comments if https:// 

www.regulations.gov cannot be used, 

contact the Regulatory Secretariat 

Division at 202–501–4755 or 

GSARegSec@gsa.gov. Please cite FAR 

Case 2021–009. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA are proposing 

to amend the FAR to implement 

regulatory changes made by the Small 

Business Administration (SBA), in its 

final rules published in the Federal 

Register on October 2, 2013 (78 FR 

61113), October 16, 2020 (85 FR 66146), 

and on November 29, 2022 (87 FR 

73400). SBA added clarifying language 

at 13 CFR 121.1004 to specify when size 

protests must be submitted for the set 

aside or reserve of a multiple-award 

indefinite-delivery indefinite-quantity 

(IDIQ) contract and for orders that are 

set-aside for small business under an 

unrestricted multiple-award IDIQ 

contract, except for orders and blanket 

purchase agreements placed under a 

Federal Supply Schedule contract in 

accordance with FAR 8.405. In addition, 

in its final rule published on October 

16, 2020, SBA amended 13 CFR 

126.801, 13 CFR 125.28 (now at 13 CFR 

134.1004), and 13 CFR 127.603 to 

authorize socioeconomic protests for 

set-aside orders for HUBZone, SDVOSB, 

or EDWOSB/WOSB concerns placed 

under a multiple-award IDIQ contract 

this is not partially or totally set aside 

or reserved for that particular 

socioeconomic category. SBA’s rule also 

clarified the SBA entities that may file 

a size protest in connection with a 

particular procurement. In addition, 

SBA’s final rule published on November 

29, 2022 (87 FR 73400) amended its 

regulations to remove references to the 

SDVOSB program at 13 CFR part 125 

and relocate them to 13 CFR part 128 

and 13 CFR part 134. 

II. Discussion and Analysis 

This rule proposes to modify FAR 

subpart 19.3 to implement SBA’s final 

rule as follows: 

—Modify FAR 19.302(a)(2) to add a 

reference to SBA’s regulations at 13 

CFR 121.1001(a)(1) to clarify the 

entities that may file a protest in 

connection with a particular 

procurement; 

—Modify FAR 19.302(d)(1) to 

implement SBA’s regulations at 13 

CFR 121.1004(a)(2) to specify when 

size protests are due for partial set 

asides and reserves of multiple-award 

contracts and orders that are set aside 

under an unrestricted multiple-award 

contract, with the exception of orders 

and blanket purchase agreements 

placed under Federal Supply 

Schedule contracts; 

—Modify FAR 19.306, 19.307, and 

19.308 to implement SBA’s 

regulations at 13 CFR 126.801(d), 13 

CFR 134.1004(a), and 127.603(c), 

respectively, to specify when protests 

are due for orders placed under 

multiple-award contracts where the 

contracting officer requested 

rerepresentation; 

—Modify FAR 19.306, 19.307, and 

19.308 to implement SBA’s 

regulations at 13 CFR 126.801(d), 13 

CFR 134.1004(a), and 13 CFR 

127.603(c), respectively, to specify 

when protests are due for orders that 

are set aside for HUBZone small 

business concerns, service-disabled 

veteran-owned small business 

concern (SDVOSB), and economically 

disadvantaged women-owned small 

business concerns and women-owned 

small business concerns under a 

multiple-award contract that is not 

itself partially or totally set-aside or 

reserved for the particular concern. 

This does not apply to orders and 

blanket purchase agreements placed 

under Federal Supply Schedule 

contracts. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT), for Commercial 

Products (Including Commercially 

Available Off-the-Shelf (COTS) Items), 

or for Commercial Services 

This rule does not create new 

solicitation provisions or contract 

clauses or impact any existing 

provisions or clauses. 

IV. Expected Impact of the Rule 

This proposed rule implements SBA’s 

final rules issued on October 2, 2013, 

(78 FR 61113), October 16, 2020, (85 FR 

66146) and November 29, 2022 (87 FR 

73400) to update and clarify regulations 

regarding size and socioeconomic status 

protests associated with orders placed 

under multiple-award contracts, with 

the exception of orders and blanket 

purchase agreements placed under 

Federal Supply Schedule contracts in 

accordance with FAR 8.405. This 

proposed rule will allow contracting 

officers, SBA, and interested parties to 

protest the size of a concern for partial 

set asides and reserves of multipleaward contracts and orders that are set 

aside under multiple-award contracts. 

The proposed rule will allow 

contracting officers, SBA, and interested 

parties to protest the socioeconomic 

status of a HUBZone small business 

concern, an economically disadvantaged 

women-owned small businesses and 

women-owned small businesses, or a 

service-disabled veteran-owned small 

business concern for orders set aside for 

one of these socioeconomic categories 

when placed against a multiple-award 

contract that is not partially or totally 

set aside or reserved for that 

socioeconomic category. This proposed 

rule will also allow contracting officers, 

SBA, and interested parties to protest an 

order placed against a multiple-award 

contract where the contracting officer 

requested rerepresentation for the order. 

This proposed rule is expected to help 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules 68069 

contracting officers and interested 

parties to understand the requirements 

for filing size and socioeconomic status 

protests for orders placed under 

multiple-award contracts. Given that 

this proposed rule clarifies protest 

requirements and reduces ambiguities 

for small business entities and 

procuring activities, any impact is 

expected to be beneficial to both 

Government, contractors, and offerors. 

Any cost to the Government is not 

expected to be significant. 

V. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. 

VI. Regulatory Flexibility Act 

DoD, GSA, and NASA do not expect 

this rule to have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612, because this proposed rule clarifies 

size and socioeconomic protest 

requirements associated with multipleaward contracts and is expected to assist 

both small entities and the Government 

in submitting a timely protest. However, 

an Initial Regulatory Flexibility 

Analysis (IRFA) has been performed and 

is summarized as follows: 

DoD, GSA, and NASA are proposing to 

amend the Federal Acquisition Regulation 

(FAR) to implement regulatory changes made 

by the Small Business Administration (SBA) 

in its final rules dated October 2, 2013 (78 

FR 61113), October 16, 2020(85 FR 66146), 

and November 29, 2022(87 FR 73400). This 

rule proposes to update and clarify 

requirements associated with size and 

socioeconomic status protests related to 

partial set asides and reserves of multipleaward indefinite-delivery indefinite-quantity 

(IDIQ) contracts, and protests related to 

orders placed against multiple-award IDIQ 

contracts with the exception of blanket 

purchase agreements and orders placed 

under Federal Supply Schedule contracts. 

The objective of this proposed rule is to 

implement SBA’s final rules published on 

October 2, 2013 (78 FR 61113), October 16, 

2020 (85 FR 66146), and November 29, 2022 

(87 FR 73400) to clarify the requirements for 

size and/or socioeconomic status protests for 

orders placed against multiple-award IDIQ 

contracts. This proposed rule clarifies the 

timelines for an interested party to submit a 

size protest for a partial set aside or reserve 

of a multiple-award IDIQ contract and for an 

order placed under a multiple-award IDIQ 

contract. In addition, this rule clarifies when 

a socioeconomic status protest of a set-aside 

order placed under a multiple-award IDIQ 

contract where the socioeconomic status of 

the set-aside differs from that of the 

underlying contract, or the reserve or set 

aside portion of the underlying contract (e.g., 

small business set aside multiple-award IDIQ 

contract where an order is further set aside 

for SDVOSB concerns). This proposed rule 

does not apply to orders and blanket 

purchase agreements placed under Federal 

Supply Schedule contracts. Promulgation of 

FAR regulations is authorized by 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. The legal basis 

for this rule is SBA’s regulations at 13 CFR 

126.801, 13 CFR 127.603, 13 CFR 121.1001, 

and 13 CFR 134.1004 as amended by the 

three SBA final rules. 

This proposed rule will impact small 

businesses that are or may become multipleaward IDIQ contract holders and that may be 

awarded orders under multiple-award IDIQ 

contracts. According to the Federal 

Procurement Data System (FPDS), in the last 

three fiscal years (FYs), agencies set aside 

orders under unrestricted multiple-award 

IDIQ contracts as follows: 6,509 in FY 2019; 

7,392 in FY 2020; and 7,251 in FY 2021; for 

an average of 7051 per fiscal year. According 

to FPDS, in the last three fiscal years, 

agencies further set aside orders under set 

aside multiple-award IDIQ contracts as 

follows: 8,403 in FY 2019; 9,470 in FY 2020; 

and 10,034 in FY 2021; for an average of 

9,302 per fiscal year. According to FPDS, in 

the last three fiscal years contracting officers 

required rerepresentation for orders as 

follows: 363 in FY 2019; 470 in FY 2020; and 

530 in FY 2021; which averages out to 454 

per fiscal year. According to FPDS, in the last 

three fiscal years, agencies further set aside 

orders for a socioeconomic category under 

the set aside portion of a multiple-award 

IDIQ contract, where the socioeconomic 

category differs from the underlying 

multiple-award IDIQ contract, as follows: 43 

in FY 2019; 41 in FY 2020; and 37 in FY 

2021; for an average of 40 per fiscal year. 

This averages out to approximately 4,212 

total orders to which this rule may apply per 

fiscal year. Although we can estimate the 

number of set aside orders that may be 

affected by this rule, it is not possible to 

estimate the number of small entities that 

may be affected by potential protests as a 

result of this rule. 

The proposed rule does not impose any 

new reporting, recordkeeping, or other 

compliance requirements for small entities. 

The proposed rule does not duplicate, 

overlap, or conflict with any other Federal 

rules. 

There are no known significant alternative 

approaches to the proposed rule. 

The Regulatory Secretariat Division 

has submitted a copy of the IRFA to the 

Chief Counsel for Advocacy of the Small 

Business Administration. A copy of the 

IRFA may be obtained from the 

Regulatory Secretariat Division. DoD, 

GSA, and NASA invite comments from 

small business concerns and other 

interested parties on the expected 

impact of this rule on small entities. 

DoD, GSA, and NASA will also 

consider comments from small entities 

concerning the existing regulations in 

subparts affected by the rule in 

accordance with 5 U.S.C. 610. Interested 

parties must submit such comments 

separately and should cite 5 U.S.C. 610 

(FAR Case 2021–009) in 

correspondence. 

VII. Paperwork Reduction Act 

This rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

3501–3521). 

List of Subjects in 48 CFR Part 19 

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 

propose amending 48 CFR part 19 as set 

forth below: 

PART 19—SMALL BUSINESS 

PROGRAMS 

■ 1. The authority citation for 48 CFR 

part 19 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 19.302 by— 

■ a. Removing from the end of the 

second sentence of paragraph (a)(2) ‘‘or 

the SBA.’’ and adding ‘‘or SBA. (See 13 

CFR 121.1001(a).’’ in its place; and 

■ b. Revising paragraph (d). 

The revision reads as follows: 

19.302 Protesting a small business 

representation or rerepresentation. 

* * * * * 

(d) In order to affect a specific 

solicitation, a protest must be timely. 

SBA’s regulations on timeliness are 

contained in 13 CFR 121.1004. SBA’s 

regulations on timeliness related to 

protests of disadvantaged status are 

contained in 13 CFR 124, Subpart B. 

(1) To be timely, a protest by any 

concern or other interested party must 

be received by the contracting officer by 

the close of business of the fifth 

business day afterVerDate Sep<11>2014 18:38 Oct 02, 2023 Jkt 262001 PO 00000 Frm 00083 Fmt 4702 Sfmt 4702 E:\FR\FM\03OCP1.SGM 03OCP1

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(i) Bid opening for sealed bid 

acquisitions; or 

(ii) Receipt of the special notification 

from the contracting officer (see 

15.503(a)(2)) that identifies the 

apparently successful offeror for 

negotiated acquisitions, including- 

(A) Partial set-asides and reserves of 

multiple-award IDIQ contracts; and 

(B) Orders that are set-aside under an 

unrestricted multiple-award IDIQ 

contract (except for orders and blanket 

purchase agreements placed under a 

Federal Supply Schedule contract (see 

8.405 and paragraph (d)(5) of this 

section)); or 

(iii) Receipt of notification using other 

communication means when written 

notification is not required. 

(2) A protest may be made orally if it 

is confirmed in writing and received by 

the contracting officer within the 5-day 

period or by letter postmarked no later 

than 1 business day after the oral 

protest. 

(3) A protest may be made in writing 

if it is delivered to the contracting 

officer by hand, mail, facsimile, email, 

express or overnight delivery service. 

(4) Except as provided in paragraph 

(d)(6) of this section, a protest filed by 

the contracting officer or SBA is always 

considered timely whether filed before 

or after award. 

(5) A protest under a Multiple Award 

Schedule will be timely if received by 

SBA at any time prior to the expiration 

of the contract period, including 

renewals. 

(6) A protest filed before bid opening, 

or notification to offerors of the 

selection of the apparent successful 

offeror, will be dismissed as premature 

by SBA. 

* * * * * 

■ 3. Amend section 19.306 by revising 

paragraph (e)(1)(ii) and adding 

paragraph (e)(1)(iii) to read as follows: 

19.306 Protesting a firm’s status as a 

HUBZone small business concern. 

* * * * * 

(e) * * * 

(1) * * * 

(ii) For negotiated acquisitions, by the 

close of business on the fifth business 

day after notification by the contracting 

officer of the apparently successful 

offeror, including— 

(A) Orders placed under multipleaward indefinite-delivery indefinitequantity (IDIQ) contracts where the 

contracting officer requested 

rerepresentation for the order (see 13 

CFR 126.801(d)(1)); and 

(B) Orders set aside for HUBZone 

small businesses under multiple-award 

IDIQ contracts that are not partially or 

totally set aside or reserved for 

HUBZone small business concerns (see 

13 CFR 126.801(d)(1)), except for orders 

and blanket purchase agreements placed 

under a Federal Supply Schedule 

contract (see 8.405 and 19.302(d)(5)); or 

(iii) Receipt of notification using other 

communication means when written 

notification is not required. 

* * * * * 

■ 4. Amend section 19.307 by— 

■ a. Removing from paragraph (e)(1)(i) 

‘‘(in sealed bid acquisitions); or’’ and 

adding ‘‘for sealed bid acquisitions; or’’ 

in its place; 

■ b. Revising paragraph (e)(1)(ii); and 

■ c. Adding paragraph (e)(1)(iii). 

The revision reads as follows: 

19.307 Protesting a firm’s status as a 

service-disabled veteran-owned small 

business concern. 

* * * * * 

(e) * * * 

(1) * * * 

(ii) To be received by close of 

business on the fifth business day after 

notification by the contracting officer of 

the apparently successful offeror for 

negotiated acquisitions, including— 

(A) Orders placed under multipleaward IDIQ contracts where the 

contracting officer requested 

rerepresentation for the order (see 13 

CFR 134.1004(a)(3)(ii)); and 

(B) Orders set aside for servicedisabled veteran-owned small 

businesses under multiple-award IDIQ 

contracts that are not partially or totally 

set aside or reserved for service-disabled 

veteran-owned small business concerns 

(see 13 CFR 134.1004(a)(3)(i)), except for 

orders and blanket purchase agreements 

placed under a Federal Supply 

Schedule contract (see 8.405 and 

19.302(d)(5)); or 

(iii) Receipt of notification using other 

communication means when written 

notification is not required. 

* * * * * 

■ 5. Amend section 19.308 by— 

■ a. Removing from paragraph (e)(1)(i) 

‘‘(in sealed bid acquisitions); or’’ and 

adding ‘‘for sealed bid acquisitions; or’’ 

in its place; 

■ b. Revising paragraph (e)(1)(ii); and 

■ c. Adding paragraph (e)(1)(iii). 

The revision reads as follows: 

19.308 Protesting a firm’s status as an 

economically disadvantaged women-owned 

small business concern or women-owned 

small business concern eligible under the 

Women-Owned Small Business Program. 

* * * * * 

(e) * * * 

(1) * * * 

(ii) To be received by the close of 

business by the fifth business day after 

notification by the contracting officer of 

the apparent successful offeror for 

negotiated acquisitions including— 

(A) Orders placed under multipleaward IDIQ contracts where the 

contracting officer requested 

rerepresentation for the order (see 13 

CFR 127.603(c)(1)); and 

(B) Orders set aside for EDWOSB or 

WOSB concerns under multiple-award 

IDIQ contracts that are not partially or 

totally set aside or reserved for 

EDWOSB or WOSB concerns (see 13 

CFR 127.603(c)(1)), except for orders 

and blanket purchase agreements placed 

under a Federal Supply Schedule 

contract (see 8.405 and 19.302(d)(5)); or 

(iii) Receipt of notification using other 

communication means when written 

notification is not required. 

* * * * * 

[FR Doc. 2023–21317 Filed 10–2–23; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2023–0158; 

FF09E21000 FXES1111090FEDR 234] 

RIN 1018–BG40 

Endangered and Threatened Wildlife 

and Plants; Threatened Species Status 

With Section 4(d) Rule for Short-Tailed 

Snake 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

list the short-tailed snake (Lampropeltis 

extenuata), a snake species from 

peninsular Florida, as a threatened 

species under the Endangered Species 

Act of 1973, as amended (Act). This 

determination also serves as our 12- 

month finding on a petition to list the 

short-tailed snake. After a review of the 

best available scientific and commercial 

information, we find that listing the 

species is warranted. Accordingly, we 

propose to list the short-tailed snake as 

a threatened species with a rule issued 

under section 4(d) of the Act (‘‘4(d) 

rule’’). If we finalize this rule as 

proposed, it would add this species to 

the List of Endangered and Threatened 

Wildlife and extend the Act’s 

protections to the species. 

DATES: We will accept comments 

received or postmarked on or before 

December 4, 2023. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES, 


ddrumheller on DSK120RN23PROD with PROPOSALS1