9652 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Ch. 1 

Semiannual Regulatory Agenda 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Semiannual Regulatory Agenda. 

SUMMARY: This agenda provides 

summary descriptions of regulations 

being developed by the Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council in 

compliance with Executive Order 12866 

‘‘Regulatory Planning and Review,’’ as 

reaffirmed and amended in Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ and Executive 

Order 14094, ‘‘Modernizing Regulatory 

Review.’’ 

This agenda is being published to 

allow interested persons an opportunity 

to participate in the rulemaking process. 

Additionally, members of the public can 

track the progress of any open and 

pending FAR rule via the ‘‘Open FAR 

Cases’’ report, which is publicly 

available at https://www.acq.osd.mil/ 

dpap/dars/far_case_status.html. 

The Regulatory Secretariat Division 

has attempted to list all regulations 

pending at the time of publication, 

except for minor and routine or 

repetitive actions; however, 

unanticipated requirements may result 

in the issuance of regulations that are 

not included in this agenda. There is no 

legal significance to the omission of an 

item from this listing. Also, the dates 

shown for the steps of each action are 

estimated and are not commitments to 

act on or by the dates shown. 

Published proposed rules may be 

reviewed in their entirety at the 

Government’s rulemaking website at 

https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Lois 

Mandell, Division Director, Regulatory 

Secretariat Division, 1800 F Street NW, 

7th Floor, Washington, DC 20405–0001, 

202–501–4755 or by email at 

lois.mandell@gsa.gov. 

SUPPLEMENTARY INFORMATION: DoD, GSA, 

and NASA, under their several statutory 

authorities, jointly issue and maintain 

the FAR through periodic issuance of 

changes published in the Federal 

Register and produced electronically as 

Federal Acquisition Circulars (FACs). 

The electronic version of the FAR, 

including changes, can be accessed on 

the FAR website at https://

www.acquisition.gov/far. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

DOD/GSA/NASA (FAR)—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

468 .................... Federal Acquisition Regulation (FAR); FAR Case 2023–008, Prohibition on Certain Semiconductor Products and Services.9000–AO56 

DOD/GSA/NASA (FAR)—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

469 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–016, Controlled Unclassified Information (CUI) ..... 9000–AN56 

470 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–015, Improving Consistency Between Procurement & Nonprocurement Procedures on Suspension and Debarment.9000–AN98 

471 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–018, Federal Acquisition Supply Chain Security 

Act of 2018.

9000–AO01 

472 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–016, Rerepresentation of Size and Socioeconomic 

Status.

9000–AO18 

473 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–001, Increased Efficiencies With Regard to Certified Mail, In-Person Business, Mail, Notarization, Original Documents, Seals, and Signatures.9000–AO19 

474 .................... FAR Acquisition Regulation (FAR); FAR Case 2021–005; Disclosure of Beneficial Owner in Federal Contracting.9000–AO23 

475 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–009, Protests of Orders Set Aside for Small Business.9000–AO26 

476 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–011, Past Performance Ratings for Small Business Joint Venture Members and Small Business First-Tier Subcontractors.9000–AO28 

477 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–016, Minimizing the Risk of Climate Change in 

Federal Acquisitions.

9000–AO33 

478 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–017, Cyber Threat and Incident Reporting and Information Sharing.9000–AO34 

479 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–019, Standardizing Cybersecurity Requirements 

for Unclassified Information Systems.

9000–AO35 

480 .................... Federal Acquisition Regulations (FAR); FAR Case 2021–020, Limitations on Subcontracting ...................... 9000–AO36 

481 .................... Federal Acquisition Regulation (FAR); FAR Case 2022–004, Enhanced Price Preferences for Critical 

Items.

9000–AO41 

482 .................... Federal Acquisition Regulation (FAR); FAR Case 2022–009, Certification of Service-Disabled VeteranOwned Small Businesses.9000–AO46 

483 .................... Federal Acquisition Regulation (FAR); FAR Case 2023–002, Supply Chain Software Security .................... 9000–AO49 

484 .................... Federal Acquisition Regulation (FAR); FAR Case 2023–001, Subcontracting to Puerto Rican and Covered 

Territory Small Businesses.

9000–AO50 

485 .................... Federal Acquisition Regulation (FAR); FAR CASE 2023–003, Prohibition on the Use of Reverse Auctions 

for Complex, Specialized, or Substantial Design and Construction Services.

9000–AO51 


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DOD/GSA/NASA (FAR)—PROPOSED RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

486 .................... Federal Acquisition Regulation (FAR); FAR Case 2023–006, Preventing Organizational Conflicts of Interest in Federal Acquisition.9000–AO54 

487 .................... Federal Acquisition Regulation (FAR); FAR Case 2023–016, Subcontracting Plans and Limitations on 

Subcontracting.

9000–AO60 

488 .................... Federal Acquisition Regulation (FAR); FAR Case 2023–017, Consolidation and Bundling ........................... 9000–AO61 

489 .................... Federal Acquisition Regulation (FAR); FAR Case 2023–013, HUBZone Program ........................................ 9000–AO63 

490 .................... Federal Acquisition Regulation (FAR); FAR Case 2023–015, Policy on Joint Ventures ................................ 9000–AO64 

491 .................... Federal Acquisition Regulation (FAR); FAR Case 2023–014, Small Business Protests ................................ 9000–AO65 

DOD/GSA/NASA (FAR)—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

492 .................... FAR Acquisition Regulation (FAR); FAR Case 2015–038, Reverse Auction Guidance ................................. 9000–AN31 

493 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–017, Prohibition on Certain Telecommunications 

and Video Surveillance Services or Equipment.

9000–AN83 

494 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–009, Prohibition on Contracting With Entities 

Using Certain Telecommunications and Video Surveillance Services or Equipment.

9000–AN92 

495 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–005, Explanations to Unsuccessful Offerors on 

Certain Orders Under Task and Delivery Order Contracts.

9000–AO08 

496 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–010, Small Business Innovation Research and 

Technology Transfer Programs.

9000–AO12 

497 .................... Federal Acquisition Regulation (FAR); FAR 2020–011, Implementation of Federal Acquisition Supply 

Chain Security Act (FASCSA) Exclusion Orders.

9000–AO13 

498 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–014, Increasing the Minimum Wage for Contractors.9000–AO31 

499 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–015, Disclosure of Greenhouse Gas Emissions 

and Climate-Related Financial Risk.

9000–AO32 

500 .................... Federal Acquisition Regulation (FAR); FAR Case 2022–003, Use of Project Labor Agreement for Federal 

Construction Projects.

9000–AO40 

501 .................... Federal Acquisition Regulation (FAR); FAR Case 2022–006, Sustainable Procurement .............................. 9000–AO43 

502 .................... Federal Acquisition Regulation (FAR): FAR Case 2022–011, Nondisplacement of Qualified Workers 

Under Service Contracts.

9000–AO48 

503 .................... FAR Case 2023–010, Prohibition on a ByteDance Covered Application ....................................................... 9000–AO58 

DOD/GSA/NASA (FAR)—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

504 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–013, Exemption of Commercial and COTS Item 

Contracts From Certain Laws and Regulations.

9000–AN72 

505 .................... Federal Acquisitions Regulation (FAR); FAR Case 2021–013, Access to Past Performance Information .... 9000–AO30 

DOD/GSA/NASA (FAR)—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

506 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–005, Whistleblower Protection for Contractor Employees.9000–AN32 

507 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–014, Use of Acquisition 360 to Encourage Vendor 

Feedback.

9000–AN43 

508 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–024; Use of Interagency Fleet Management System Vehicles and Related Services.9000–AN82 

509 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–012, 8(a) Program .................................................. 9000–AO29 


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9654 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Prerule Stage 

468. Federal Acquisition Regulation 

(FAR); FAR Case 2023–008, Prohibition 

on Certain Semiconductor Products and 

Services [9000–AO56] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will prohibit 

agencies from: (1) procuring or 

obtaining, or extending or renewing a 

contract to procure or obtain, any 

electronic parts, products, or services 

that include covered semiconductor 

products or services; or (2) entering into 

a contract, or extending or renewing a 

contract, with an entity to procure or 

obtain electronic parts or products that 

include covered semiconductor 

products or services. This rule is issued 

pursuant to section 5949(a) of the 

National Defense Authorization Act for 

Fiscal Year 2023. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 11/00/23 

ANPRM Comment 

Period End.

01/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 882–4687, Email: 

malissa.jones@gsa.gov. 

RIN: 9000–AO56 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Proposed Rule Stage 

469. Federal Acquisition Regulation 

(FAR); FAR Case 2017–016, Controlled 

Unclassified Information (CUI) [9000– 

AN56] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will apply the 

controlled unclassified information 

(CUI) program requirements in Federal 

contracts in a uniform manner to protect 

CUI. This rule is one element of a larger 

strategy to improve the Government’s 

efforts to identify, deter, protect against, 

detect, and respond to increasing 

sophisticated threat actions targeting 

Federal contractors. This rule is being 

issued in accordance with the National 

Archives and Records Administration 

(NARA) regulations implementing the 

CUI program per Executive Order 13556 

issued November 4, 2010, as 

implemented in NARA’s implementing 

regulations. 

Timetable: 

Action Date FR Cite 

Proposed Rule .... 02/00/24 

NPRM Comment 

Period End.

04/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN56 

470. Federal Acquisition Regulation 

(FAR); FAR Case 2019–015, Improving 

Consistency Between Procurement & 

Nonprocurement Procedures on 

Suspension and Debarment [9000– 

AN98] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will bring the 

Federal Acquisition Regulation (FAR) 

and the Nonprocurement Common Rule 

(NCR) procedures on suspension and 

debarment into closer alignment, 

creating a more consistent experience 

for industry. The FAR covers 

procurement matters and the NCR 

covers other transactions, such as 

grants, cooperative agreements, 

contracts of assistance, loans and loan 

guarantees. The suspension and 

debarment procedures give Federal 

officials a discretionary means to 

exclude parties from participation in 

certain transactions, while affording 

those parties due process. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/23 

NPRM Comment 

Period End.

02/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN98 

471. Federal Acquisition Regulation 

(FAR); FAR Case 2019–018, Federal 

Acquisition Supply Chain Security Act 

of 2018 [9000–AO01] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will provide 

authorities to agencies for determining 

and mitigating supply chain risks in 

procurements involving controlled 

unclassified information, information 

technology, embedded information 

technology, and telecommunications. 

To mitigate supply chain risks, the law 

allows executive agencies to exclude 

sources or covered articles from any 

executive agency procurement action, 

including source selection and consent 

for a contractor to subcontract. This rule 

is being issued pursuant to 41 U.S.C. 

4713 titled ‘‘Authorities relating to 

mitigating supply chain risks in the 

procurement of covered articles.’’ 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/24 

NPRM Comment 

Period End.

10/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marissa Ryba, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 314 586–1280, Email: 

marissa.ryba@gsa.gov. 

RIN: 9000–AO01 

472. Federal Acquisition Regulation 

(FAR); FAR Case 2020–016, 

Rerepresentation of Size and 

Socioeconomic Status [9000–AO18] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will require 

contractors to rerepresent its size and 

economic status for all set-aside orders 

issued under full and open multipleaward contracts. Additionally, 

rerepresentation is required for orders 

issued under a small business set-aside 

multiple-award contract where the 

orders are further set-aside exclusively 

for a particular socioeconomic category 

and the required socioeconomic status 

differs from the underlying multipleaward contract. Orders issued under any 

Federal Supply Schedule are exempt 

from the requirement to rerepresent size 


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and or socioeconomic status. This rule 

is being issued in accordance with the 

Small Business Administration final 

rule published October 16, 2020 titled 

‘‘Consolidation of Mentor-Prote ́ge ́

Programs and Other Government 

Contracting Amendments.’’ 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/29/23 88 FR 67189 

NPRM Comment 

Period End.

11/28/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana Bowman, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 803–3188, Email: 

dana.bowman@gsa.gov. 

RIN: 9000–AO18 

473. Federal Acquisition Regulation 

(FAR); FAR Case 2021–001, Increased 

Efficiencies With Regard to Certified 

Mail, In-Person Business, Mail, 

Notarization, Original Documents, 

Seals, and Signatures [9000–AO19] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will streamline 

certain essential contracting procedures 

by increasing flexibilities and 

efficiencies with regards to certified 

mail, in-person business, mail, 

notarization, original documents, seals, 

and signatures using digital and virtual 

technology. This rule makes permanent 

policy flexibilities introduced during 

the pandemic. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/24 

NPRM Comment 

Period End.

08/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AO19 

474. FAR Acquisition Regulation (FAR); 

FAR Case 2021–005; Disclosure of 

Beneficial Owner in Federal 

Contracting [9000–AO23] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will require 

certain offerors to disclose beneficial 

ownership information in their offers for 

contracts over the simplified acquisition 

threshold and for the Federal Awardee 

Performance and Integrity Information 

System to include identifying 

information on the beneficial owner of 

a Federal contractor that is a 

corporation. This rule is being issued in 

accordance with sections 885 and 6403 

of the National Defense Authorization 

Act for Fiscal Year 2021. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/24 

NPRM Comment 

Period End.

06/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AO23 

475. Federal Acquisition Regulation 

(FAR); FAR Case 2021–009, Protests of 

Orders Set Aside for Small Business 

[9000–AO26] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will allow size 

protests on set-aside orders under 

multiple-award contracts that were not 

set-aside, and protests of socioeconomic 

status on set-aside orders where the 

required status differs from that of the 

underlying multiple-award contract. 

This rule also grants authority for SBA’s 

Associate General Counsel for 

Procurement Law to initiate size 

protests. This rule is being issued in 

accordance with the Small Business 

Administration final rule published 

October 16, 2020. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/03/23 88 FR 68067 

NPRM Comment 

Period End.

12/04/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana Bowman, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 803–3188, Email: 

dana.bowman@gsa.gov. 

RIN: 9000–AO26 

476. Federal Acquisition Regulation 

(FAR); FAR Case 2021–011, Past 

Performance Ratings for Small Business 

Joint Venture Members and Small 

Business First-Tier Subcontractors 

[9000–AO28] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will permit small 

business offerors that served as first-tier 

subcontractors and joint venture 

members, in certain situations, to 

submit the past performance and 

experience gained under these 

arrangements with offers on Federal 

contracts. Contracting officers will be 

required to consider the capabilities and 

past performance provided by first-tier 

subcontractors and joint venture 

members in certain situations. This rule 

promotes equity in Federal 

procurement. This rule is being issued 

in accordance with section 868 of the 

National Defense Authorization Act for 

Fiscal Year 2021, as implemented in the 

Small Business Administration (SBA) 

final rule published on July 22, 2022 

titled ‘‘Past Performance Ratings for 

Small Business Joint Venture Members 

and Small Business First-Tier 

Subcontractors;’’ and section 15 of the 

Small Business Act, as implemented in 

the SBA final rule on October 16, 2020 

titled ‘‘Consolidation of Mentor-Prote ́ge ́

Programs and Other Government 

Contracting Amendments.’’ 

Timetable: 

Action Date FR Cite 

NPRM Comment 

Period End.

05/00/24 

NPRM .................. 07/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Carrie Moore, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 300–5917, Email: 

carrie.moore@gsa.gov. 

RIN: 9000–AO28 

477. Federal Acquisition Regulation 

(FAR); FAR Case 2021–016, Minimizing 

the Risk of Climate Change in Federal 

Acquisitions [9000–AO33] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will allow 

agencies to: (1) provide a preference for 

proposed solutions that have lower lifecycle greenhouse gas emissions; and (2) 

require a Federal contractor to identify 

and manage climate risks that may 


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impact contract performance. This rule 

is being issued in accordance with 

section 5(b)(ii) of the Executive Order 

14030 titled ‘‘Climate-Related Financial 

Risk.’’ DoD, GSA, and NASA published 

an advance notice of proposed 

rulemaking in October of 2021 seeking 

feedback from the public on ways in 

which the Government could consider 

greenhouse gas emissions and climate 

risks in Federal procurement. The 

feedback is being considered in the 

development of the proposed rule. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 10/15/21 86 FR 57404 

Comment Period 

Extended.

12/07/21 86 FR 69218 

ANPRM Comment 

Period End.

01/13/22 

NPRM .................. 01/00/24 

NPRM Comment 

Period End.

03/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Hawes, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 969–7386, Email: 

jennifer.hawes@gsa.gov. 

RIN: 9000–AO33 

478. Federal Acquisition Regulation 

(FAR); FAR Case 2021–017, Cyber 

Threat and Incident Reporting and 

Information Sharing [9000–AO34] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will authorize 

agencies to increase the sharing of 

information about cyber threats and 

incident information between 

Government and certain providers. In 

addition, this rule will require certain 

contractors to report cyber incidents to 

the Federal Government to facilitate 

effective cyber incident response and 

remediation. This rule is being issued 

pursuant to recommendations from the 

Office of Management and Budget and 

the Department of Homeland Security in 

accordance with sections 2(b), 2(c), 

2(g)(i), and 8(b), of the Executive Order 

14028 titled ‘‘Improving the Nation’s 

Cybersecurity.’’ 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/03/23 88 FR 68055 

NPRM Comment 

Period Extended.

11/01/23 88 FR 74970 

NPRM Comment 

Period End.

12/04/23 

Action Date FR Cite 

NPRM Comment 

Period Extended End.

02/02/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marissa Ryba, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 314 586–1280, Email: 

marissa.ryba@gsa.gov. 

RIN: 9000–AO34 

479. Federal Acquisition Regulation 

(FAR); FAR Case 2021–019, 

Standardizing Cybersecurity 

Requirements for Unclassified 

Information Systems [9000–AO35] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will ensure 

Federal information systems are better 

positioned to protect from cybersecurity 

threats by standardizing common 

cybersecurity contractual requirements 

across agencies for unclassified Federal 

information systems. This rule is being 

issued to implement Department of 

Homeland Security recommendations in 

accordance with sections 2(i) and 8(b) of 

the Executive Order 14028 titled 

‘‘Improving the Nation’s Cybersecurity.’’ 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/03/23 88 FR 68402 

NPRM Comment 

Period Extended.

11/01/23 88 FR 74970 

NPRM Comment 

Period End.

12/04/23 

NPRM Comment 

Period Extension End.

02/02/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Carrie Moore, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 300–5917, Email: 

carrie.moore@gsa.gov. 

RIN: 9000–AO35 

480. Federal Acquisition Regulations 

(FAR); FAR Case 2021–020, Limitations 

on Subcontracting [9000–AO36] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will update the 

limitations on subcontracting for small 

business concerns by revising or 

clarifying: (1) the exclusion of indirect 

costs from the limitation on 

subcontracting for services, (2) the 

application of the limitations on 

subcontracting to similarly situated 

entities, (3) the application of the 

nonmanufacturer rule to kit assemblers, 

and (4) the application of the limitation 

on subcontracting to construction 

contracts that also contain supplies and/ 

or services. This rule is being issued in 

accordance with section 1651 of the 

National Defense Authorization Act for 

Fiscal Year 2013; and the Small 

Business Administration final rules 

published on May 31, 2016, November 

29, 2019, and October 16, 2020. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/23 

NPRM Comment 

Period End.

01/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Carrie Moore, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 300–5917, Email: 

carrie.moore@gsa.gov. 

RIN: 9000–AO36 

481. Federal Acquisition Regulation 

(FAR); FAR Case 2022–004, Enhanced 

Price Preferences for Critical Items 

[9000–AO41] 

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

U.S.C ch. 4; 10 U.S.C ch. 137 legacy 

provisions; 10 U.S.C 3016; 51 U.S.C. 

20113 

Abstract: This rule will add a list of 

critical items and their associated 

enhanced price preferences to the 

Federal Acquisition Regulation (FAR), 

which will apply to acquisitions subject 

to the Buy American statute. The rule 

will also provide further guidance to 

contracting officers on how to evaluate 

offers for critical items and provide for 

a post-award reporting requirement for 

contractors. This rule will complete the 

framework added to the FAR as part of 

the implementation of section 8 of the 

Executive Order titled ‘‘Ensuring the 

Future Is Made in All of America by All 

of America’s Workers.’’ 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/24 

NPRM Comment 

Period End.

03/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9657 

DC 20405, Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AO41 

482. Federal Acquisition Regulation 

(FAR); FAR Case 2022–009, 

Certification of Service-Disabled 

Veteran-Owned Small Businesses 

[9000–AO46] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will clarify the 

certification requirements for Service 

Disabled Veteran Owned Small 

Business (SDVOSB) concerns to be 

eligible for the award of a sole source or 

set-aside SDVOSB contract. This rule is 

being issued in accordance with section 

862 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2021, as implemented by the 

Small Business Administration (SBA) 

final rules published on November 22, 

2022, and July 3, 2023; and section 863 

of the NDAA for FY 2022, as 

implemented by the SBA final rule 

published on April 27, 2023. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/23 

NPRM Comment 

Period End.

01/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Carrie Moore, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 300–5917, Email: 

carrie.moore@gsa.gov. 

RIN: 9000–AO46 

483. Federal Acquisition Regulation 

(FAR); FAR Case 2023–002, Supply 

Chain Software Security [9000–AO49] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will require 

suppliers of software available for 

purchase by Federal agencies to comply 

with, and attest to complying with, 

applicable secure software development 

practices. This rule is being issued in 

accordance with section 4(n) and 4(k) of 

the Executive Order 14028 titled 

‘‘Improving the Nation’s Cybersecurity’’ 

and Office of Management and Budget 

Memorandum 22–18 and 23–16. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/23 

Action Date FR Cite 

NPRM Comment 

Period End.

02/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marissa Ryba, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 314 586–1280, Email: 

marissa.ryba@gsa.gov. 

RIN: 9000–AO49 

484. Federal Acquisition Regulation 

(FAR); FAR Case 2023–001, 

Subcontracting to Puerto Rican and 

Covered Territory Small Businesses 

[9000–AO50] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will (1) provide 

contracting incentives to mentors that 

subcontract to protege firms that are 

Puerto Rican or another covered 

territory business; (2) reaffirm that 

contractors may rely on the selfcertification of their subcontractors; and 

(2) specify that an Alaska Native 

Corporation owned firm that does not 

individually qualify as small but counts 

as a small business for subcontracting 

goaling purposes, is not required to 

submit a subcontracting plan. This rule 

is being issued in accordance with 

section 861 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2019, as implemented by the 

Small Business Administration (SBA) 

final rule published on October 16, 

2020, and section 866 of the NDAA for 

FY 2021, as implemented by the SBA 

final rule published on August 9, 2022. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/24 

NPRM Comment 

Period End.

03/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Carrie Moore, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 300–5917, Email: 

carrie.moore@gsa.gov. 

RIN: 9000–AO50 

485. Federal Acquisition Regulation 

(FAR); FAR Case 2023–003, Prohibition 

on the Use of Reverse Auctions for 

Complex, Specialized, or Substantial 

Design and Construction Services 

[9000–AO51] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will prohibit the 

use of a reverse auction for the award 

of a contract for complex, specialized, or 

substantial design and construction 

services. The prohibition is the result of 

the Construction Consensus 

Procurement Improvement Act of 2021, 

which amended the Consolidated 

Appropriations Act, 2020, to correct a 

provision on the prohibition on the use 

of a reverse auction. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/00/24 

NPRM Comment 

Period End.

05/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AO51 

486. Federal Acquisition Regulation 

(FAR); FAR Case 2023–006, Preventing 

Organizational Conflicts of Interest in 

Federal Acquisition [9000–AO54] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will provide and 

update definitions, guidance, and 

examples related to organizational 

conflicts of interest (OCI), including the 

creation of solicitation provisions and 

contract clauses to avoid or mitigate 

OCI, that require contractors to disclose 

information relevant to potential OCI 

and limit future contracting. The rule 

will also permit contracting officers to 

take into consideration professional 

standards and procedures to prevent 

OCI to which an offeror or contractor is 

subject. This rule is being issued in 

accordance with the Preventing 

Organizational Conflicts of Interest in 

Federal Acquisition Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/00/24 

NPRM Comment 

Period End.

05/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 


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9658 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

RIN: 9000–AO54 

487. • Federal Acquisition Regulation 

(FAR); FAR Case 2023–016, 

Subcontracting Plans and Limitations 

on Subcontracting [9000–AO60] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will make changes 

to the limitations on subcontracting, the 

nonmanufacturer rule, and 

subcontracting plans. Changes will be 

made in areas such as: the time period 

used to determine compliance with 

applicable limitations on subcontracting 

for certain contracts; past performance 

evaluations for concerns exceeding the 

limitations on subcontracting; 

nonmanufacturer waivers for multi-item 

procurements and limitations on the 

effective period of an individual 

nonmanufacturer waiver; the time 

period in which an approved 

commercial subcontracting plan is 

effective; the indirect costs to be 

included in subcontracting goals; and 

the costs to be included or excluded in 

the contractor’s calculation of the 

subcontracting base. This rule 

implements regulatory changes made in 

the Small Business Administration’s 

final rule published in April 27, 2023. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/24 

NPRM Comment 

Period End.

12/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Carrie Moore, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 300–5917, Email: 

carrie.moore@gsa.gov. 

RIN: 9000–AO60 

488. • Federal Acquisition Regulation 

(FAR); FAR Case 2023–017, 

Consolidation and Bundling [9000– 

AO61] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will add blanket 

purchase agreements and orders placed 

against unrestricted multiple-award 

contracts to the list of contract vehicles 

covered by the definition of 

consolidation and bundling; clarify that 

the definition of consolidation and 

bundling applies when additional scope 

is added to a solicitation, contract, or 

agreement; and add to the analysis 

requirements of an acquisition strategy 

for a bundled contract. This rule 

implements statutory requirements as 

implemented by the Small Business 

Administration’s final rule published 

April 27, 2023. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/24 

NPRM Comment 

Period End.

09/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana Bowman, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 803–3188, Email: 

dana.bowman@gsa.gov. 

RIN: 9000–AO61 

489. • Federal Acquisition Regulation 

(FAR); FAR Case 2023–013, Hubzone 

Program [9000–AO63] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will authorize the 

Small Business Administration (SBA) 

Office of Hearings and Appeals to 

decide all appeals from formal protest 

determinations in connection with the 

status of a Historically Underutilized 

Business Zone (HUBZone) small 

business concern. Additionally, this 

rule proposes to remove the 

representation for HUBZone small 

business concerns as these concerns are 

required to be certified by SBA. This 

rule implements statutory requirements 

as implemented by the SBA’s final rule 

published April 10, 2023. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/24 

NPRM Comment 

Period End.

03/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Carrie Moore, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 300–5917, Email: 

carrie.moore@gsa.gov. 

RIN: 9000–AO63 

490. • Federal Acquisition Regulation 

(FAR); FAR Case 2023–015, Policy on 

Joint Ventures [9000–AO64] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will make changes 

to the requirements for small business 

joint ventures. Changes will be made to 

the recertification requirements for joint 

ventures and mentor-prote ́ge ́ joint 

ventures, to specify that a joint venture 

partner cannot be a partner to multiple 

joint ventures that intend to submit 

offers in response to a solicitation; and 

the time period in which a joint venture 

is eligible for award. This rule 

implements the Small Business 

Administration’s final rule published 

April 27,2023. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/24 

NPRM Comment 

Period End.

10/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Carrie Moore, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 300–5917, Email: 

carrie.moore@gsa.gov. 

RIN: 9000–AO64 

491. • Federal Acquisition Regulation 

(FAR); FAR Case 2023–014, Small 

Business Protests [9000–AO65] 

Legal Authority: 0 U.S.C. 121(c); 10 

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will clarify the 

parties that may protest the size and/or 

socioeconomic status of a small 

business concern, specify the deadlines 

for submitting a protest, add the Small 

Business Administration (SBA) 

Associate General Counsel for 

Procurement Law to the list of parties 

than can request a formal size 

determination, and make other 

clarifying amendments regarding small 

business protest procedures. This rule 

will implement the SBA’s final rule 

published April 2023 which 

implemented section 863 of the 

National Defense Authorization Act for 

fiscal year 2022. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/24 

NPRM Comment 

Period End.

07/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana Bowman, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 803–3188, Email: 

dana.bowman@gsa.gov. 

RIN: 9000–AO65 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9659 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Final Rule Stage 

492. FAR Acquisition Regulation (FAR); 

FAR Case 2015–038, Reverse Auction 

Guidance [9000–AN31] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will create 

standard governmentwide policies 

addressing the effective use of reverse 

auctions. Reverse auctions are a tool 

used by Federal agencies to obtain 

competitive prices for an acquisition. 

Reverse auctions differ from traditional 

auctions in that sellers compete against 

one another to provide the lowest price 

or highest-value offer to a buyer. This 

rule will incorporate guidance from the 

Office of Federal Procurement Policy 

memorandum, Effective Use of Reverse 

Auctions,’’ which was issued in 

response to recommendations from the 

Government Accountability Office 

(GAO) report, Reverse Auctions: 

Guidance is Needed to Maximize 

Competition and Achieve Cost Savings’’ 

(GAO–14–108). 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/07/20 85 FR 78815 

NPRM Comment 

Period End.

02/05/21 

Final Rule ............ 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN31 

493. Federal Acquisition Regulation 

(FAR); FAR Case 2018–017, Prohibition 

on Certain Telecommunications and 

Video Surveillance Services or 

Equipment [9000–AN83] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will finalize an 

interim rule that prohibits the 

Government from procuring covered 

telecommunications equipment and 

services from Huawei Technologies 

Company, ZTE Corporation, Hytera 

Communications Corporation, 

Hangzhou Technology Company, or 

Dahua Technology Company, to include 

any subsidiaries or affiliates. The FAR 

provisions require that an offeror 

represent at an entity level in SAM, and 

if applicable on an offer-by-offer basis, 

if the offeror will or will not provide 

any covered telecommunications 

equipment or services to the 

Government. If an offeror responds in an 

offer that it will provide covered 

telecommunications, the offeror will 

need to provide additional disclosures. 

This FAR rule protects U.S. networks 

against cyber activities conducted 

through Chinese Government-supported 

telecommunications equipment and 

services. This rule is being issued in 

accordance with section 889 (a)(1)(A) of 

the National Defense Authorization Act 

for Fiscal Year 2019. Paragraph (a)(1)(B) 

of section 889 is being implemented 

separately through FAR Case 2019–009. 

DoD, GSA and NASA received public 

comments in response to the interim 

rules published in August and 

December of 2019, which are being 

considered in the development of the 

final rule. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 08/13/19 84 FR 40216 

Interim Final Rule 

Comment Period End.

10/15/19 

Interim Final Rule 12/13/19 84 FR 68314 

Interim Final Rule 

Effective.

12/13/19 

Interim Final Rule 

Comment Period End.

02/11/20 

Final Rule ............ 07/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: FAR Policy, DOD/ 

GSA/NASA (FAR), 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

4075, Email: farpolicy@gsa.gov. 

RIN: 9000–AN83 

494. Federal Acquisition Regulation 

(FAR); FAR Case 2019–009, Prohibition 

on Contracting With Entities Using 

Certain Telecommunications and Video 

Surveillance Services or Equipment 

[9000–AN92] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will finalize an 

interim rule that prohibits the 

Government from entering into a 

contract or extending or renewing a 

contract with an entity that uses any 

equipment, system, or service that uses 

covered telecommunications equipment 

and services from Huawei Technologies 

Company, ZTE Corporation, Hytera 

Communications Corporation, 

Hangzhou Technology Company, or 

Dahua Technology Company, to include 

any subsidiaries or affiliates. This FAR 

rule protects U.S. networks against 

cyber activities conducted through 

Chinese Government-supported 

telecommunications equipment and 

services. This rule is being issued in 

accordance with paragraph (a)(1)(B) of 

section 889 of the National Defense 

Authorization Act for Fiscal Year 2019. 

Paragraph (a)(1)(A) of section 889 is 

being implemented separately through 

FAR Case 2018–017. DoD, GSA and 

NASA received public comments in 

response to the interim rules published 

in July and August of 2020, which are 

being considered in the development of 

the final rule. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 07/14/20 85 FR 42665 

Interim Final Rule 

Effective.

08/13/20 

Interim Final Rule 08/27/20 85 FR 53126 

Interim Final Rule 

Comment Period End.

09/14/20 

Interim Final Rule 

Comment Period End.

10/26/20 

Interim Final Rule 

Effective.

10/26/20 

Final Rule ............ 07/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: FAR Policy, DOD/ 

GSA/NASA (FAR), 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

4075, Email: farpolicy@gsa.gov. 

RIN: 9000–AN92 

495. Federal Acquisition Regulation 

(FAR); FAR Case 2020–005, 

Explanations to Unsuccessful Offerors 

on Certain Orders Under Task and 

Delivery Order Contracts [9000–AO08] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will provide 

unsuccessful offerors for certain task or 

delivery orders the opportunity to 

request in writing an explanation as to 

why the offeror was unsuccessful. 

Contracting officers are required to 

provide a brief explanation in response 

to a written request, which includes the 

rationale for award and an evaluation of 

the significant weak or deficient factors 

in the offeror’s offer. This rule is being 

issued in accordance with section 874 of 

the National Defense Authorization Act 

for Fiscal Year 2020. 


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Timetable: 

Action Date FR Cite 

NPRM .................. 08/09/23 88 FR 53855 

NPRM Comment 

Period End.

10/10/23 

Final Rule ............ 06/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AO08 

496. Federal Acquisition Regulation 

(FAR); FAR Case 2020–010, Small 

Business Innovation Research and 

Technology Transfer Programs [9000– 

AO12] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will add references 

to the Small Business Administration’s 

Small Business Technology Transfer 

(STTR) program, acknowledge the 

unique competition requirements for 

phase III contracts under the Small 

Business Innovation Research (SBIR) 

and STTR programs, and revise 

definitions, allocation of rights, 

protection period, rights notice, and 

data rights marking provisions related to 

the SBIR/STTR programs. This rule is 

being issued in accordance with the 

Small Business Administration SBIR 

and STTR Policy Directive issued May 

2, 2019 and section 9 of the Small 

Business Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/07/23 88 FR 20822 

NPRM Comment 

Period End.

06/06/23 

Final Rule ............ 06/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AO12 

497. Federal Acquisition Regulation 

(FAR); FAR 2020–011, Implementation 

of Federal Acquisition Supply Chain 

Security Act (FASCSA) Exclusion 

Orders [9000–AO13] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will protect 

national security by excluding or 

removing certain covered products, 

services, or sources from the Federal 

supply chain through the issuance of 

exclusion and removal orders. This rule 

is being issued pursuant to section 202 

of the Strengthening and Enhancing 

Cyber-capabilities by Utilizing Risk 

Exposure (SECURE) Technology Act 

and the Federal Acquisition Security 

Council (FASC) rule published on 

August 26, 2021. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 10/05/23 88 FR 69503 

Interim Final Rule 

Comment Period End.

12/04/23 

Interim Final Rule 

Effective.

12/04/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marissa Ryba, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 314 586–1280, Email: 

marissa.ryba@gsa.gov. 

RIN: 9000–AO13 

498. Federal Acquisition Regulation 

(FAR); FAR Case 2021–014, Increasing 

the Minimum Wage for Contractors 

[9000–AO31] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will finalize an 

interim rule that increased the 

minimum wage to be paid to employees 

of certain contractors of the Federal 

Government to $15.00. This rule is 

being issued in accordance with the 

Executive Order 14030 titled 

‘‘Increasing the Minimum Wage for 

Federal Contractors’’, dated April 27, 

2021, and Department of Labor’s 

implementing regulations. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 01/26/22 87 FR 4117 

Interim Final Rule 

Comment Period End.

03/28/22 

Final Rule ............ 03/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AO31 

499. Federal Acquisition Regulation 

(FAR); FAR Case 2021–015, Disclosure 

of Greenhouse Gas Emissions and 

Climate-Related Financial Risk [9000– 

AO32] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will require 

certain Federal contractors to publicly 

disclose their annual greenhouse gas 

emissions. Some Federal contractors 

will also be required to disclose their 

climate-related financial risk and to set 

science-based targets for reducing their 

greenhouse gas emissions. This rule is 

being issued in accordance with section 

5(b)(i) of the Executive Order 14030 

titled ‘‘Climate-Related Financial Risk.’’ 

DoD, GSA, and NASA received public 

comments in response to the proposed 

rule published in November of 2022, 

which are being considered in the 

development of the final rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/14/22 87 FR 68312 

Comment Period 

Extended.

12/23/22 87 FR 78910 

NPRM Comment 

Period End.

01/13/23 

Final Rule ............ 04/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Hawes, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 969–7386, Email: 

jennifer.hawes@gsa.gov. 

RIN: 9000–AO32 

500. Federal Acquisition Regulation 

(FAR); FAR Case 2022–003, Use of 

Project Labor Agreement for Federal 

Construction Projects [9000–AO40] 

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

U.S.C. ch.; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will require the 

use of project labor agreements for largescale construction projects with a total 

estimated value of $35 million or more. 

The Federal Acquisition Regulation 

(FAR) will continue to provide 

discretionary use of a project labor 

agreement on construction projects that 

do not meet the definition of large-scale 

construction projects. This rule is being 

issued in accordance with the Executive 

Order 14063 titled ‘‘Use of Project Labor 

Agreements for Federal Construction 

Projects’’ issued February 4, 2022. DoD, 

GSA, and NASA received public 

comments in response to the proposed 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9661 

rule published in August of 2022, which 

are being considered in the 

development of the final rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/19/22 87 FR 51044 

NPRM Comment 

Period End.

10/18/22 

Final Rule ............ 12/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana Bowman, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 803–3188, Email: 

dana.bowman@gsa.gov. 

RIN: 9000–AO40 

501. Federal Acquisition Regulation 

(FAR); FAR Case 2022–006, Sustainable 

Procurement [9000–AO43] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will require 

Federal contractors to provide 

sustainable products and services to the 

maximum extent practicable under 

Federal contracts. This rule will also 

reorganize and streamline FAR part 23 

to focus on current environmental 

matters. This rule implements the 

Executive Order 14057 titled 

‘‘Catalyzing Clean Energy Industries and 

Jobs Through Federal Sustainability,’’ 

and Office of Management and Budget 

Memorandum M–22–06. DoD, GSA, and 

NASA received public comments in 

response to the proposed rule published 

in August of 2023, which are being 

considered in the development of the 

final rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/03/23 88 FR 51672 

NPRM Comment 

Period End.

10/02/23 

Final Rule ............ 04/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Hawes, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 969–7386, Email: 

jennifer.hawes@gsa.gov. 

RIN: 9000–AO43 

502. Federal Acquisition Regulation 

(FAR): FAR Case 2022–011, 

Nondisplacement of Qualified Workers 

Under Service Contracts [9000–AO48] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will require that 

service contracts which succeed 

contracts for the same or similar 

services, and solicitations for such 

contracts, include a non-displacement 

clause. The non-displacement clause 

will require the contractor and its 

subcontractors to offer qualified 

employees employed under the 

predecessor contract a right of first 

refusal of employment under the 

successor contract. This rule is being 

issued in accordance with the Executive 

Order 14055 titled ‘‘Nondisplacement of 

Qualified Workers Under Service 

Contracts,’’ dated November 18, 2021 

and Department of Labor’s 

implementing regulations. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 12/00/23 

Interim Final Rule 

Comment Period End.

02/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AO48 

503. FAR Case 2023–010, Prohibition 

on a Bytedance Covered Application 

[9000–AO58] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule prohibits 

executive agencies from having or using 

the social networking service TikTok, 

developed or provided by ByteDance 

Limited, on any information technology 

owned or managed by the Government. 

This policy is being implemented as a 

national security measure to protect 

Government information and 

information and communication 

technology systems pursuant to section 

102 of Division R of the Consolidated 

Appropriations Act, 2023, the No 

TikTok on Government Devices Act, 

and its implementing guidance under 

Office of Management andBudget 

Memorandum M–23–13, ‘‘No TikTok on 

Government Devices’’ Implementation 

Guidance, dated February 27, 2023. 

DoD, GSA, and NASA received public 

comments in response to the interim 

rule published in June of 2023, which 

are being considered in the 

development of the final rule. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 06/02/23 88 FR 36430 

Interim Final Rule 

Comment Period End.

08/01/23 

Final Rule ............ 05/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: FAR Policy, DOD/ 

GSA/NASA (FAR), 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

4075, Email: farpolicy@gsa.gov. 

RIN: 9000–AO58 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Long-Term Actions 

504. Federal Acquisition Regulation 

(FAR); FAR Case 2018–013, Exemption 

of Commercial and COTS Item 

Contracts From Certain Laws and 

Regulations [9000–AN72] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will attempt to 

streamline commercial acquisitions by 

removing certain requirements that 

currently apply to contracts and 

subcontracts for commercial products, 

commercial services, and commercially 

available off-the-shelf (COTS) items. 

DoD, GSA and NASA will review 

existing commercial acquisition 

requirements that are based in law, 

Executive Order, or other policies in 

accordance with section 839 of the 

National Defense Authorization Act for 

Fiscal Year 2019, and will identify the 

requirements to be removed through 

this rulemaking. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/24 

NPRM Comment 

Period End.

02/00/25 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AN72 


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9662 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

505. Federal Acquisitions Regulation 

(FAR); FAR Case 2021–013, Access to 

Past Performance Information [9000– 

AO30] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will clarify 

language at FAR 42.1503(d) regarding 

restrictions on the release of past 

performance information in the 

Contractor Performance Assessment 

Reporting System to other than 

Government personnel to perform value 

added services to the Government. 

Artificial intelligence (e.g., machine 

learning) may improve the workforce’s 

ability to leverage the use of contractor 

performance information in informing 

future contract award decisions and 

other related efforts. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/24 

NPRM Comment 

Period End.

01/00/25 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana Bowman, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 803–3188, Email: 

dana.bowman@gsa.gov. 

RIN: 9000–AO30 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Completed Actions 

506. Federal Acquisition Regulation 

(FAR); FAR Case 2017–005, 

Whistleblower Protection for 

Contractor Employees [9000–AN32] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will make 

permanent contractor and subcontractor 

employee protections for disclosing 

certain information to the Government. 

The protections prohibit contractors and 

subcontractors from discharging, 

demoting, or otherwise discriminating 

against an employee as a reprisal for 

disclosing to Government entities, such 

as agency Inspector Generals and 

Congress, information that the employee 

reasonably believes is (1) evidence of 

gross mismanagement of a Federal 

contract; (2) a gross waste of Federal 

funds; (3) an abuse of authority relating 

to a Federal contract; (4) a substantial 

and specific danger to public health or 

safety; or (5) a violation of law, rule, or 

regulation related to a Federal contract 

(including the competition for or 

negotiation of a contract). This rule also 

ensures that the prohibition on 

reimbursement for legal fees accrued in 

defense against reprisal claims applies 

to both contractors and subcontractors. 

This rule makes permanent the pilot 

program in accordance with the 

‘‘Enhancement of Contractor Protection 

From Reprisal for Disclosure of Certain 

Information’’ law. The pilot was enacted 

on January 2, 2013, by section 828 of the 

National Defense Authorization Act for 

Fiscal Year 2013.DoD, GSA, and NASA 

received public comments in response 

to the proposed rule published in 

December of 2018, which are being 

considered in the development of the 

final rule. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 10/25/23 88 FR 69517 

Final Rule Effective.11/06/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Phone: 571 882–4687, Email: 

malissa.jones@gsa.gov. 

RIN: 9000–AN32 

507. Federal Acquisition Regulation 

(FAR); FAR Case 2017–014, Use of 

Acquisition 360 To Encourage Vendor 

Feedback [9000–AN43] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to address 

the solicitation of contractor feedback 

on both contract formation and contract 

administration activities. Agencies 

would consider this feedback, as 

appropriate, to improve the efficiency 

and effectiveness of their acquisition 

activities. The rule will create FAR 

policy to encourage regular feedback in 

accordance with agency practice (both 

for contract formation and 

administration activities) and a standard 

FAR solicitation provision to support a 

sustainable model for broadened use of 

the Acquisition 360 survey to elicit 

feedback on the pre-award and 

debriefing processes in a consistent and 

standardized manner. Agencies will be 

able to use the solicitation provision to 

notify interested sources that a 

procurement is part of the Acquisition 

360 survey and encourage stakeholders 

to voluntarily provide feedback on their 

experiences of the pre-award process. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 08/08/23 88 FR 53748 

Final Rule Effective.09/22/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN43 

508. Federal Acquisition Regulation 

(FAR); FAR Case 2018–024; Use of 

Interagency Fleet Management System 

Vehicles and Related Services [9000– 

AN82] 

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

U.S.C. ch. 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

withdrawing this rule. A decision was 

made not to proceed with a proposed 

rule, since updates to the underlying 

interagency fleet management 

regulations are still under development. 

Accordingly, this proposed rule is 

withdrawn, and the FAR case is closed. 

Completed: 

Reason Date FR Cite 

Withdrawn ........... 09/14/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Hawes, 

Phone: 202 969–7386, Email: 

jennifer.hawes@gsa.gov. 

RIN: 9000–AN82 

509. Federal Acquisition Regulation 

(FAR); FAR Case 2021–012, 8(A) 

Program [9000–AO29] 

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

U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy 

provisions; 10 U.S.C. 3016; 51 U.S.C. 

20113 

Abstract: This rule will clarify 8(a) 

program requirements regarding 

certificates of competency, FAR part 13 

blanket purchase agreements and 

associated orders, 8(a) participant 

eligibility, and Government appeal and 

notification requirements, to reduce 

ambiguities and burdens on 8(a) 

Participants and procuring activities. 

This rule promotes equity in Federal 

procurement. This rule is being issued 

in accordance with the Small Business 

Administration final rule published on 

October 16, 2020. DoD, GSA and NASA 

received public comments in response 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9663 

to the proposed rule published in 

December of 2022, which are being 

considered in the development of the 

final rule. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 10/05/23 88 FR 69523 

Final Rule Effective.11/06/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana Bowman, 

Phone: 202 803–3188, Email: 

dana.bowman@gsa.gov. 

RIN: 9000–AO29 

[FR Doc. 2024–00461 Filed 2–8–24; 8:45 am] 

BILLING CODE 6820–EP–P 


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