Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations 69525 

■ 3. Revise section 19.804–5 to read as 

follows: 

19.804–5 Basic ordering agreements and 

blanket purchase agreements. 

(a) The contracting office shall submit 

an offering letter for, and SBA must 

accept, each order under a basic 

ordering agreement (BOA) or a blanket 

purchase agreement (BPA) issued under 

part 13 (see 13.303), in addition to the 

agency offering and SBA accepting the 

BOA or BPA itself. 

(b) SBA will not accept for award on 

a sole-source basis any order that would 

cause the total dollar amount of orders 

issued under a specific BOA or BPA to 

exceed the competitive threshold 

amount in 19.805–1. 

(c) Once an 8(a) participant’s program 

term expires, the participant otherwise 

exits the 8(a) program, or becomes other 

than small for the NAICS code assigned 

under the BOA or the BPA, SBA will 

not accept new orders under the BOA or 

BPA for the participant. 

■ 4. Amend section 19.805–2 by— 

■ a. Revising the second sentence in 

paragraph (b) introductory text; 

■ b. Redesignating paragraph (b)(2) as 

paragraph (b)(3); and 

■ c. Adding a new paragraph (b)(2). 

The revision and addition read as 

follows: 

19.805–2 Procedures. 

* * * * * 

(b) * * * Eligibility is based on 

section 8(a) program criteria (see 13 CFR 

124.501(g) and 19.816(c)). * * * 

(2) For a two-step design-build 

procurement, an 8(a) participant must 

be eligible for award under the 8(a) 

program on the initial date for receipt of 

phase one offers specified in the 

solicitation (see 13 CFR 124.507(d)(3)). 

* * * * * 

■ 5. Amend section 19.808–1 by— 

■ a. Redesignating paragraph (e) as 

paragraph (f); 

■ b. Adding a new paragraph (e); and 

■ c. Removing from the newly 

redesignated paragraph (f) the phrase 

‘‘sole source award’’ and adding ‘‘solesource award’’ in its place. 

The addition reads as follows: 

19.808–1 Sole source. 

* * * * * 

(e) A concern must be a current 

participant in the 8(a) program at the 

time of an 8(a) sole-source award. 

* * * * * 

■ 6. Revise section 19.808–2 to read as 

follows: 

19.808–2 Competitive. 

In competitive 8(a) acquisitions, 

including follow-on 8(a) acquisitions, 

subject to part 15, the contracting officer 

conducts negotiations directly with the 

competing 8(a) participants. Conducting 

competitive negotiations among eligible 

8(a) participants prior to SBA’s formal 

acceptance of the acquisition for the 8(a) 

program may be grounds for the SBA’s 

not accepting the acquisition for the 8(a) 

program. 

■ 7. Amend section 19.810 by adding 

paragraph (a)(4) to read as follows: 

19.810 SBA appeals. 

(a) * * * 

(4) 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 at 13 CFR 124.504(d)(1) 

(see 19.815(a) and (d)(1)). 

* * * * * 

■ 8. Amend section 19.815 by— 

■ a. Revising the section heading and 

paragraph (a); 

■ b. Removing from paragraph (b) the 

phrase ‘‘a non-8(a) procurement’’ and 

adding ‘‘a follow-on, non-8(a) 

procurement,’’ in its place; and 

■ c. Adding paragraphs (d) through (f). 

The revisions and additions read as 

follows: 

19.815 Release and notification 

requirements for non-8(a) procurement. 

(a) Once a requirement has been 

accepted by SBA into the 8(a) program, 

any follow-on requirements (see 

definition at 13 CFR 124.3) shall remain 

in the 8(a) program unless— 

(1) SBA agrees to release the 

requirement from the 8(a) program for a 

follow-on, non-8(a) procurement in 

accordance with 13 CFR 124.504(d) (see 

paragraph (b) of this section); or 

(2) There is a mandatory source (see 

8.002 or 8.003; also see paragraph (f) of 

this section). 

* * * * * 

(d)(1) When a 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(s), the 

contracting officer shall coordinate with 

and submit a written notice to the SBA 

District Office servicing the 8(a) 

incumbent firm and to the SBA 

procurement center representative (or, if 

a procurement center representative is 

not assigned, see 19.402(a)) indicating 

that the agency intends to procure the 

requirement outside the 8(a) program 

(see 19.810(a)(4)). 

(2) The written notice shall include a 

copy of the acquisition plan, if 

available; the performance work 

statement (PWS), statement of work 

(SOW), or statement of objectives (SOO) 

for the new contract requirement; and 

the values of the existing 8(a) contract(s) 

and the new contract requirement. 

(e)(1) When a contracting officer 

decides to procure a follow-on 

requirement to an 8(a) contract using an 

existing, limited competition 

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, the contracting 

officer shall coordinate with and submit 

a written notice to the SBA District 

Office servicing the 8(a) incumbent firm 

and to the SBA procurement center 

representative (or, if a procurement 

center representative is not assigned, see 

19.402(a)) indicating the intent to do so. 

(2) The written notice shall include a 

copy of the acquisition plan, if 

available; the PWS, SOW, or SOO for 

the new contract requirement; and the 

values of both contracts. 

(f)(1) When a mandatory source will 

be used for a follow-on requirement to 

an 8(a) contract, the contracting officer 

should submit a written notice to the 

SBA Associate Administrator for 

Business Development of the intent to 

do so at least 30 days prior to the end 

of the contract or order in accordance 

with 13 CFR 124.504(d)(4)(ii). 

(2) The written notice should include 

a written determination that a 

mandatory source will be used to fulfill 

the requirement. 

19.816 [Amended] 

■ 9. Amend section 19.816 by removing 

from paragraph (c) the word ‘‘criteria’’ 

and adding ‘‘criteria (see 13 CFR 

124.507(d))’’ in its place. 

[FR Doc. 2023–21322 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 Part 52 

[FAC 2023–06; Item IV; Docket No. FAR– 

2023–0052; Sequence No. 4] 

Federal Acquisition Regulation; 

Technical Amendments 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: This document makes an 

amendment to the Federal Acquisition 


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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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