Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 67189 

above conditions related to the 18.3– 

19.3 GHz band.) Applicants for one-way 

spectrum from 17.7–18.3 GHz for 

multichannel video programming 

distribution are governed by paragraph 

(r)(6) of this section. Licensees are also 

allowed to use one-way (unpaired) 

channels in the 17.7–17.74 GHz subband to pair with other channels in the 

FS portions of the 18 GHz band where, 

for example, the return pair is already 

in use and therefore blocked or in TDD 

systems. Stations used for MVPD 

operations in the 17.7–17.8 GHz band 

must coordinate with the Federal 

Government before operating in the 

zones specified in § 1.924(e) of this 

chapter. 

* * * * * 

(7) 10 Megahertz maximum 

authorized bandwidth channels: 

Transmit 

(receive) 

(MHz) 

Receive 

(transmit) 

(MHz) 

1560 Megahertz Separation 

17705.0 ..................................... N/A 

17715.0 ..................................... N/A 

17725.0 ..................................... N/A 

17735.0 ..................................... N/A 

17745.0 ..................................... 19305.0 

17755.0 ..................................... 19315.0 

17765.0 ..................................... 19325.0 

17775.0 ..................................... 19335.0 

17785.0 ..................................... 19345.0 

17795.0 ..................................... 19355.0 

17805.0 ..................................... 19365.0 

17815.0 ..................................... 19375.0 

17825.0 ..................................... 19385.0 

17835.0 ..................................... 19395.0 

17845.0 ..................................... 19405.0 

17855.0 ..................................... 19415.0 

17865.0 ..................................... 19425.0 

17875.0 ..................................... 19435.0 

17885.0 ..................................... 19445.0 

17895.0 ..................................... 19455.0 

17905.0 ..................................... 19465.0 

17915.0 ..................................... 19475.0 

17925.0 ..................................... 19485.0 

17935.0 ..................................... 19495.0 

17945.0 ..................................... 19505.0 

17955.0 ..................................... 19515.0 

17965.0 ..................................... 19525.0 

17975.0 ..................................... 19535.0 

17985.0 ..................................... 19545.0 

17995.0 ..................................... 19555.0 

18005.0 ..................................... 19565.0 

18015.0 ..................................... 19575.0 

18025.0 ..................................... 19585.0 

18035.0 ..................................... 19595.0 

18045.0 ..................................... 19605.0 

18055.0 ..................................... 19615.0 

18065.0 ..................................... 19625.0 

18075.0 ..................................... 19635.0 

18085.0 ..................................... 19645.0 

18095.0 ..................................... 19655.0 

18105.0 ..................................... 19665.0 

18115.0 ..................................... 19675.0 

18125.0 ..................................... 19685.0 

18135.0 ..................................... 19695.0 

(8) 20 Megahertz maximum 

authorized bandwidth channels: 

Transmit 

(receive) 

(MHz) 

Receive 

(transmit) 

(MHz) 

1560 Megahertz Separation 

17710.0 ..................................... N/A 

17730.0 ..................................... N/A 

17750.0 ..................................... 19310.0 

17770.0 ..................................... 19330.0 

17790.0 ..................................... 19350.0 

17810.0 ..................................... 19370.0 

17830.0 ..................................... 19390.0 

17850.0 ..................................... 19410.0 

17870.0 ..................................... 19430.0 

17890.0 ..................................... 19450.0 

17910.0 ..................................... 19470.0 

17930.0 ..................................... 19490.0 

17950.0 ..................................... 19510.0 

17970.0 ..................................... 19530.0 

17990.0 ..................................... 19550.0 

18010.0 ..................................... 19570.0 

18030.0 ..................................... 19590.0 

18050.0 ..................................... 19610.0 

18070.0 ..................................... 19630.0 

18090.0 ..................................... 19650.0 

18110.0 ..................................... 19670.0 

18130.0 ..................................... 19690.0 

* * * * * 

(10) 40 Megahertz maximum 

authorized bandwidth channels: 

Transmit 

(receive) 

(MHz) 

Receive 

(transmit) 

(MHz) 

1560 Megahertz Separation 

17720.0 ..................................... N/A 

17760.0 ..................................... 19320.0 

17800.0 ..................................... 19360.0 

17840.0 ..................................... 19400.0 

17880.0 ..................................... 19440.0 

17920.0 ..................................... 19480.0 

17960.0 ..................................... 19520.0 

18000.0 ..................................... 19560.0 

18040.0 ..................................... 19600.0 

18080.0 ..................................... 19640.0 

18120.0 ..................................... 19680.0 

* * * * * 

(12) 80 Megahertz maximum 

authorized bandwidth channels: 

Transmit 

(receive) 

(MHz) 

Receive 

(transmit) 

(MHz) 

1560 Megahertz Separation 

17740.0 ..................................... N/A 

17820.0 ..................................... 19380.0 

17900.0 ..................................... 19460.0 

17980.0 ..................................... 19540.0 

18060.0 ..................................... 19620.0 

(13) The following frequencies on 

channels 35–39 are available for pointto-multipoint systems and are available 

by geographic area licensing in the 24 

GHz Service to be used as the licensee 

desires. The 24 GHz spectrum can be 

aggregated or disaggregated and does 

not have to be used in the transmit/ 

receive manner shown except to comply 

with international agreements along the 

U.S. borders. Channels 35 through 39 

are licensed in the 24 GHz Service by 

Economic Areas for any digital fixed 

service. Channels may be used at either 

nodal or subscriber station locations for 

transmit or receive but must be 

coordinated with adjacent channel and 

adjacent area users in accordance with 

the provisions of § 101.509. Stations 

also must comply with international 

coordination agreements. 

Channel 

No. 

Nodal station 

frequency 

band (MHz) 

limits 

User station 

frequency 

band (MHz) 

limits 

35 .......... 24,250–24,290 25,050–25,090 

36 .......... 24,290–24,330 25,090–25,130 

37 .......... 24,330–24,370 25,130–25,170 

38 .......... 24,370–24,410 25,170–25,210 

39 .......... 24,410–24,450 25,210–25,250 

* * * * * 

[FR Doc. 2023–19383 Filed 9–28–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4, 19, and 52 

[FAR Case 2020–016; Docket No. FAR– 

2020–0016; Sequence No. 1] 

RIN 9000–A018 

Federal Acquisition Regulation: 

Rerepresentation of Size and 

Socioeconomic Status 

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 

Acquisition Regulation (FAR) to 

implement regulatory changes made by 

the Small Business Administration to 

order-level size and socioeconomic 

status rerepresentation requirements. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before November 28, 

2023 to be considered in the formation 

of the final rule. 


lotter on DSK11XQN23PROD with PROPOSALS1
67190 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 

ADDRESSES: Submit comments in 

response to FAR Case 2020–016 to the 

Federal eRulemaking portal at https://

www.regulations.gov by searching for 

‘‘FAR Case 2020–016’’. Select the link 

‘‘Comment Now’’ that corresponds with 

‘‘FAR Case 2020–016’’. Follow the 

instructions provided at the ‘‘Comment 

Now’’ screen. Please include your name, 

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

2020–016’’ 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 2020–016’’ 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: For 

clarification of content, contact Ms. 

Dana Bowman, Procurement Analyst, at 

202–803–3188 or by email at 

dana.bowman@gsa.gov. 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 2020–016. 

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 rule published on October 16, 

2020, at 85 FR 66146 to require small 

business concerns to rerepresent their 

size and/or socioeconomic status for 

orders placed under multiple-award 

contracts under certain circumstances. 

Federal Supply Schedules (FSS) are 

exempt from this mandatory 

requirement; however, the contracting 

officer continues to have the discretion 

to require a rerepresentation for an 

order. SBA amended its regulations to 

ensure that small businesses qualify for 

the applicable size and/or 

socioeconomic status associated with 

orders placed under multiple-award 

contracts where size and/or 

socioeconomic status were not relevant 

to the award of the underlying multipleaward contract. Specifically, SBA 

amended its regulations to require small 

business concerns identified at FAR 

19.000(a)(3) to rerepresent their size 

and/or socioeconomic status for orders 

set aside exclusively for small 

businesses that are issued under an 

unrestricted multiple-award contract, 

except for those with reserves. In 

addition, small business concerns must 

rerepresent their socioeconomic status 

for orders issued under a small business 

set-aside multiple-award contract or the 

set-aside part of a multiple-award 

contract where the orders are further set 

aside for a particular socioeconomic 

category which differs from the 

underlying multiple-award contract or 

the set-aside part of the multiple-award 

contract. 

II. Discussion and Analysis 

This rule proposes to modify FAR 

19.301–2, Rerepresentation by a 

contractor that represented itself as a 

small business concern, and FAR clause 

52.219–28, Postaward Small Business 

Program Rerepresentation, to implement 

regulatory changes made in SBA’s final 

rule issued on October 16, 2020, at 85 

FR 66146 as follows: 

—Amend FAR 19.301–2(b) to require a 

contractor that represented its status 

as any of the small business concerns 

at FAR 19.000(a)(3) before contract 

award, and whose socioeconomic 

status is not certified by the SBA, to 

rerepresent its size and 

socioeconomic status in accordance 

with the clause at 52.219–28, 

Postaward Small Business Program 

Rerepresentation. 

—Amend FAR 19.301–2(b) to add a new 

paragraph (2)(i) to require a contractor 

that represented itself as any of the 

small business concerns at FAR 

19.000(a)(3) at the multiple-award 

contract level to rerepresent its size 

and socioeconomic status upon 

submitting an offer for orders set aside 

exclusively for small business 

concerns that are issued under an 

unrestricted multiple-award contract, 

except for orders issued under an 

unrestricted multiple-award contract 

with reserves; 

—Amend FAR 19.301–2(b) to add a new 

paragraph (2)(ii) to require a 

contractor that represented itself as 

any of the small business concerns at 

FAR 19.000(a)(3) at the multipleaward contract level to rerepresent its 

size and socioeconomic status upon 

submitting an offer for orders issued 

under a set-aside multiple-award 

contract that are further set aside for 

a specific socioeconomic category that 

differs from the underlying multipleaward contract (i.e., orders set aside 

for HUBZone small business concerns 

under a small business set-aside 

multiple-award contract); 

—Amend FAR 19.301–2(b) to add a new 

paragraph (2)(iii) to require a 

contractor that represented itself as 

any of the small business concerns at 

FAR 19.000(a)(3) at the multipleaward contract level to rerepresent its 

size and socioeconomic status upon 

submitting an offer for orders issued 

under the set-aside part of a multipleaward contract that are further setaside for a specific socioeconomic 

category that differs from the 

underlying set-aside part of the 

multiple-award contract (i.e., orders 

set aside for women-owned small 

business concerns under the small 

business set-aside part of a multipleaward contract); 

—As a result of adding the new 

paragraph (b)(2), the existing FAR 

19.301–2(b)(2) is renumbered as 

19.301–2(b)(3); and 

—Amend FAR clause 52.219–28, PostAward Small Business Program 

Rerepresentation, to change the clause 

title from ‘‘Post-Award’’ to 

‘‘Postaward’’ and to notify offerors of 

the rerepresentation requirements at 

FAR 19.301–2(b)(2). ‘‘Post-Award’’ is 

also changed to ‘‘Postaward’’ at FAR 

4.604, 19.202–5(c), 19.301–2(b), 

19.302(j), and 19.309(c). 

Orders issued under FSS are exempt 

from the requirement to rerepresent size 

and/or socioeconomic status. However, 

a contracting officer has the discretion 

to request rerepresentation of size and/ 

or socioeconomic status for a specific 

order. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT) and for Commercial 

Products, (Including Commercially 

Available Off-the-Shelf (COTS) Items) 

and for Commercial Services 

This proposed rule amends the 

clauses at FAR 52.219–28, Postaward 

Small Business Program 

Rerepresentation, and 52.212–5, 

Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial 

Products and Commercial Services. 

However, this proposed rule does not 

change the application to contracts at or 

below the SAT, or for commercial 

products and commercial services, 

including COTS items. The clauses 

continue to apply to acquisitions at or 

below the SAT and to acquisitions for 

commercial products and commercial 

services, including COTS items. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 67191 

IV. Expected Impact of the Rule 

As a result of this proposed rule a 

contractor that represented its status 

before contract award, and whose 

socioeconomic status is not certified by 

SBA, will be required to rerepresent 

their size and/or socioeconomic status 

for orders placed under multiple-award 

contracts, under certain circumstances, 

where rerepresentation was not 

previously required. The proposed 

changes ensure that the award of small 

business set-aside orders under certain 

multiple-award contracts are made to 

small businesses that qualify for the size 

and/or socioeconomic status associated 

with the orders. Therefore, the expected 

impact of this rule is that entities that 

no longer qualify under the applicable 

North American Industry Classification 

System (NAICS) code will not be 

awarded orders under the multipleaward contracts subject to this rule 

when those orders are set aside. 

Also, contracting officers will be 

required to verify the size and/or 

socioecomonic status of a small 

business concern prior to issuing an 

order under the multiple-award 

contracts subject to this rule. 

Orders placed under the FSS program 

are exempt from the mandatory 

rerepresentation requirement; however, 

contracting officers continue to have the 

discretion to require a rerepresentation 

for an order. 

This proposed rule is also expected to 

prevent agencies from receiving credit 

towards their small business goals for 

awards made to firms that no longer 

qualify as small under the applicable 

NAICS code. 

Existing e-business systems are also 

expected to be impacted by this 

proposed rule as the Federal 

Procurement Data System (FPDS) 

currently does not capture size and 

socioeconomic status at the order level; 

therefore, contracting officers will not 

be able to indicate the size or 

socioeconomic status of a small 

business concern at the order level. This 

may result in inaccurate data and data 

reporting. 

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 proposed 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 

contractors are currently required by 

regulation to update their size and 

socioeconomic status representation at 

least annually; within 30 days after a 

novation or merger; for long-term 

contracts, within 60 to 120 days prior to 

the end of the fifth year of the contract 

and within 60 to 120 days prior to the 

date specified in the contract for the 

exercise of any option thereafter, and 

when a contracting officer requires 

rerepresentation for an order. This 

proposed rule adds a requirement for 

small business concerns to rerepresent 

their size and socioeconomic 

representations for orders issued under 

a multiple-award contract under certain 

circumstances. 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 update the requirement for 

rerepresentation of size and socioeconomic 

status for set-aside orders issued under 

multiple-award contracts. These changes are 

required to implement the regulatory changes 

made by the Small Business Administration 

(SBA) in its final rule published October 16, 

2020, at 85 FR 66146. Specifically, this 

proposed rule requires a small business 

concern that represented its status before 

contract award, and whose socioeconomic 

status is not certified by the SBA, to 

rerepresent its size and/or socioeconomic 

status for all set-aside orders under an 

unrestricted multiple-award contract where 

the orders are set aside for a particular 

socioeconomic category, unless the contract 

authorized reserves. Additionally, small 

business concerns must rerepresent their 

socioeconomic status for orders issued under 

a set-aside multiple-award contract where the 

orders are further set aside exclusively for a 

particular socioeconomic category which 

differs from the underlying multiple-award 

contract or the set-aside part of the multipleaward contract (e.g., the multiple-award 

contract is a small business set-aside award 

and competition is restricted to certified 

HUBZone small businesses). This proposed 

rule also requires a small business concern to 

rerepresent its socioeconomic status for all 

set-aside orders where the required 

socioeconomic status for the order differs 

from that of the underlying set-aside part of 

the multiple-award contract. The updated 

requirements are made to clarify SBA’s 

regulatory provisions and ensure that small 

businesses qualify under the NAICS code for 

orders issued under multiple-award 

contracts. 

The objective of this proposed rule is to 

implement regulatory changes made in SBA’s 

final rule at 85 FR 66146 published on 

October 16, 2020, to update the requirements 

for size and socioeconomic status 

rerepresentation for set-aside orders issued 

under multiple-award contracts where the 

socioeconomic status of the order differs 

from the underlying multiple-award contract 

or set-aside part of the multiple-award 

contract, except for multiple-award contracts 

with reserves and Federal Supply Schedule 

(FSS) contracts. These changes will ensure 

that orders set-aside for small businesses are 

awarded to concerns that qualify for the size 

and/or socioeconomic status of the NAICS 

code associated with the order. Promulgation 

of the FAR 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 part 

121.404(a)(1) as amended by SBA’s final rule. 

This rule will impact approximately 4,395 

small entities per year. Currently, contractors 

are required to rerepresent their size and 

socioeconomic status for orders under 

multiple-award contracts if the contracting 

officer explicitly requires rerepresentation for 

that order or as required by FAR clause 

52.219–28, Postaward Small Business 

Program Rerepresentation. 

According to FPDS, in the last three fiscal 

years (FYs), agencies set aside orders for 

small entities under unrestricted multipleaward contracts as follows: 6,509 in FY 2019; 

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

an average of 7,051 per fiscal year. According 

to FPDS, in the last three fiscal years, 

agencies further set aside orders for small 

entities under set-aside multiple-award 

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, agencies 

further set aside orders for a socioeconomic 

category under the set-aside portion of a 

multiple-award contract, where the 

socioeconomic category differs from the 

underlying multiple-award 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 provides an average 5,464 total setaside orders for small entities per fiscal year. 

This proposed rule will impose new 

reporting, recordkeeping, or other 

compliance requirements for all small 

entities. In accordance with FAR 

4.1201(b)(1), small entities are required to 

update their size and socioeconomic status 

representations in the System for Award 

Management as necessary, but at least 

annually, to ensure they are kept current, 

accurate, and complete. Small entities are 

also required to rerepresent their size and 

socioeconomic status in accordance with 

FAR clause 52.219–28, Postaward Small 

Business Program Rerepresentation. 

Currently, in accordance with FAR 19.301– 

1(e), the size and/or socioeconomic status 

representation of small entities flows from 


lotter on DSK11XQN23PROD with PROPOSALS1
67192 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 

the multiple-award contract to orders placed 

under it. This proposed rule will make it 

mandatory for small entities to rerepresent 

their size and/or socioeconomic status at the 

order level under certain circumstances (e.g., 

when submitting an offer for a set-aside order 

under an unrestricted multiple-award 

contract). Therefore, this rule will apply to 

all small entities seeking award of an order 

under the types of multiple-award contracts 

addressed by this rule. 

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 2020–016), in 

correspondence. 

VII. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. 3501–3521) applies because the 

proposed rule contains information 

collection requirements. This rule 

affects the information collection 

requirements in the provisions at 

52.219–28 currently approved under 

OMB Control Number 9000–0163 in 

accordance with the Paperwork 

Reduction Act. Accordingly, the 

Regulatory Secretariat Division has 

submitted a request for approval of a 

revised information collection 

requirement concerning 9000–0163, 

Rerepresentation of Size and 

Socioeconomic Status to the Office of 

Management and Budget. 

A. Public reporting burden for this 

collection of information is estimated to 

average 0.5 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

The annual reporting burden is 

estimated as follows: 

Respondents: 4,395. 

Responses per respondent: 3. 

Total annual responses: 13,185. 

Preparation hours per response: 0.5. 

Total response burden hours: 

6,592.50. 

B. Request for Comments Regarding 

Paperwork Burden. 

Submit comments, including 

suggestions for reducing this burden, 

not later than November 28, 2023 

through https://www.regulations.gov 

and follow the instructions on the site. 

All items submitted must cite OMB 

Control No. 9000–0163, Small Business 

Size Rerepresentation. Comments 

received generally will be posted 

without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov, 

approximately two to three days after 

submission to verify posting. If there are 

difficulties submitting comments, 

contact the GSA Regulatory Secretariat 

Division at 202–501–4755 or 

GSARegSec@gsa.gov. 

Public comments are particularly 

invited on: 

• Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of Federal 

Government acquisitions, including 

whether the information will have 

practical utility; 

• The accuracy of the estimate of the 

burden of the proposed information 

collection; 

• Ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and 

• Ways to minimize the burden of the 

information collection on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

Requesters may obtain a copy of the 

supporting statement from the GSA 

Regulatory Secretariat Division by 

calling 202–501–4755 or emailing 

GSARegSec@gsa.gov. Please cite OMB 

Control No. 9000–0163, Small Business 

Size Rerepresentation, in all 

correspondence. 

List of Subjects in 48 CFR Parts 4, 19, 

and 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 

propose amending 48 CFR parts 4, 19, 

and 52 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 4, 19, and 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. 

PART 4—ADMINISTRATIVE AND 

INFORMATION MATTERS 

4.604 [Amended] 

■ 2. Amend section 4.604 in paragraph 

(b)(4) by removing ‘‘Post-Award’’ and 

adding ‘‘Postaward’’ in its place. 

PART 19—SMALL BUSINESS 

PROGRAMS 

19.202–5 [Amended] 

■ 3. Amend section 19.202–5 in 

paragraph (c) introductory text by 

removing ‘‘Post Award’’ and adding 

‘‘Postaward’’ in its place. 

■ 4. Amend section 19.301–2 in 

paragraph (b) by— 

■ a. Revising paragraph (b) introductory 

text; 

■ b. Removing from paragraphs (b)(1)(i) 

and (ii) ‘‘Post-Award’’ and adding 

‘‘Postaward’’ in its place; 

■ c. Removing from paragraph 

(b)(1)(iii)(B) ‘‘thereafter; or’’ and adding 

‘‘thereafter.’’ in its place; and 

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

paragraph (b)(3) and adding a new 

paragraph (b)(2). 

The revision and addition read as 

follows: 

19.301–2 Rerepresentation by a contractor 

that represented itself as a small business 

concern. 

* * * * * 

(b) A contractor that represented its 

status as any of the small business 

concerns identified in 19.000(a)(3) 

before contract award, and whose 

socioeconomic status is not certified by 

the SBA, is required to rerepresent its 

size and socioeconomic status in 

accordance with the clause at 52.219– 

28, Postaward Small Business Program 

Rerepresentation— 

* * * * * 

(2) For the NAICS code assigned to an 

order (except for an order issued under 

a Federal Supply Schedule contract)- 

(i) Set aside exclusively for a small 

business concern identified at 

19.000(a)(3) that is issued under an 

unrestricted multiple-award contract, 

unless the order is issued under an 

unrestricted multiple-award contract 

with reserves; 

(ii) Issued under a set-aside multipleaward contract that is further set aside 

for a specific socioeconomic category 

that differs from the underlying 

multiple-award contract (e.g., an order 

set aside for a HUBZone small business 

concern under a small business setaside multiple-award contract); or 

(iii) Issued under the set aside part of 

a multiple-award contract that is further 

set-aside for a specific socioeconomic 

category that differs from the underlying 


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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 67193 

set-aside part of the multiple-award 

contract (e.g., an order set aside for a 

women-owned small business concern 

under the small business set-aside part 

of the multiple-award contract). 

* * * * * 

19.302 [Amended] 

■ 5. Amend section 19.302 in paragraph 

(j) by removing ‘‘Post-Award’’ and 

adding ‘‘Postaward’’ in its place. 

19.309 [Amended] 

■ 6. Amend section 19.309 in paragraph 

(c)(1) by removing ‘‘Post-Award’’ and 

adding ‘‘Postaward’’ in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 7. Amend section 52.212–5 by 

revising the date of the clause and 

removing from paragraph (b)(23)(i) 

‘‘Post Award’’ and ‘‘(MAR 2023)’’ and 

adding ‘‘Postaward’’ and ‘‘(DATE)’’ in 

its place. 

The revision reads as follows: 

52.212–5 Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders—Commercial Products 

and Commercial Services. 

* * * * * 

Contract Terms and Conditions Required To 

Implement Statutes or Executive Orders— 

Commercial Products and Commercial 

Services (DATE) 

* * * * * 

■ 8. Amend section 52.219–28 by— 

■ a. Revising the section heading; 

■ b. Revising the clause heading and 

date of the clause; 

■ c. Revising paragraph (c); and 

■ d. Removing from paragraph (f) 

‘‘paragraph (b) and (c)’’ and adding 

‘‘paragraphs (b) and (c)’’ in its place. 

The revisions read as follows: 

52.219–28 Postaward Small Business 

Program Rerepresentation. 

* * * * * 

Postaward Small Business Program 

Rerepresentation (DATE) 

* * * * * 

(c) If the Contractor represented its 

status as any of the small business 

concerns identified in 19.000(a)(3) prior 

to award of this contract and its 

socioeconomic status is not certified by 

the SBA, the Contractor shall 

rerepresent its size and socioeconomic 

status according to paragraph (f) of this 

clause or, if applicable, paragraph (h) of 

this clause, for an order (except that 

paragraphs (a)(1) through (3) of this 

section do not apply to an order issued 

under a Federal Supply Schedule 

contract at subpart 8.4)— 

(1) Set aside exclusively for a small 

business concern identified at 

19.000(a)(3) that is issued under an 

unrestricted multiple-award contract 

(unless the order is issued under an 

unrestricted multiple-award contract 

with reserves); 

(2) Issued under a set-aside multipleaward contract that is further set aside 

for a specific socioeconomic category 

that differs from the underlying 

multiple-award contract (e.g., an order 

set aside for a HUBZone small business 

concern under a small business setaside multiple-award contract); 

(3) Issued under the set-aside part of 

a multiple-award contract that is further 

set aside for a specific socioeconomic 

category that differs from the underlying 

set-aside part of the multiple-award 

contract (e.g., an order set aside for a 

HUBZone small business concern under 

a multiple-award contract that is 

partially set-aside for small businesses); 

and 

(4) When the Contracting Officer 

explicitly requires it for an order issued 

under a multiple-award contract, 

including for an order issued under a 

Federal Supply Schedule contract (see 

8.405–5(b) and 19.301–2(b)(2)). 

* * * * * 

[FR Doc. 2023–21354 Filed 9–28–23; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R1–ES–2023–0074; 

FXES11130100000–234F1611MD– 

FF01E00000] 

RIN 1018–BG89 

Endangered and Threatened Wildlife 

and Plants; Establishment of a 

Nonessential Experimental Population 

of Grizzly Bear in the North Cascades 

Ecosystem, Washington State 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (USFWS or Service), 

propose to establish a nonessential 

experimental population (NEP) of the 

grizzly bear (Ursus arctos horribilis) 

within the U.S. portion of the North 

Cascades Ecosystem (NCE) in the State 

of Washington under section 10(j) of the 

Endangered Species Act of 1973, as 

amended (Act or ESA). Establishment of 

this NEP is intended to support 

reintroduction and recovery of grizzly 

bears within the NCE and provide the 

prohibitions and exceptions under the 

Act necessary and appropriate to 

conserve the species within a defined 

NEP area. The proposed NEP area 

includes most of the State of 

Washington except for an area in 

northeastern Washington that 

encompasses the Selkirk Ecosystem 

Grizzly Bear Recovery Zone. The best 

available data indicate that 

reintroduction of the grizzly bear to the 

NCE, within the NEP area, is 

biologically feasible and will promote 

the conservation of the species. We are 

seeking comments on this proposed 

section 10(j) rule. 

DATES: We will accept comments 

received or postmarked on or before 

November 13, 2023. Comments 

submitted electronically using the 

Federal eRulemaking Portal (see 

ADDRESSES), must be received by 11:59 

p.m. eastern time on the closing date. 

Public information sessions and 

public hearings: In conjunction with the 

National Park Service (NPS), we will 

hold public information meetings and 

public hearings during the public 

comment period. The public 

information meetings and hearings 

address the reintroduction proposal by 

the NPS and USFWS, including this 

proposed rule and the associated draft 

environmental impact statement (DEIS). 

The dates, times, and specific 

locations of the meetings will be posted 

on the internet at https://parkplanning.

nps.gov/NCEGrizzly. If unable to access 

the internet, please call 360–753–4370 

for more information about meeting 

dates, times, and locations. During the 

public hearings we will also take oral 

comments on this proposed rule. The 

public information meetings and 

hearings will be physically accessible to 

people with disabilities. Please direct 

requests for reasonable accommodations 

(e.g., auxiliary aids or sign language 

interpretation) to the person listed in 

FOR FURTHER INFORMATION CONTACT at 

least 7 working days prior to the date of 

the meeting you wish to attend. 

Information Collection Requirements: 

In this proposed rule, we propose to 

authorize take of grizzly bears involved 

in conflict, in certain limited situations. 

Such authorizations may require 

submittal of information to the Service 

(e.g., information about grizzly bear 

observations or depredation events) and 

this information collection is also 

subject to public comment. If you wish 

to comment on the information 

collection requirements in this proposed 

rule, please note that the Office of 

Management and Budget (OMB) is 

required to make a decision concerning 

the collection of information contained 

in this proposed rule between 30 and 60 


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