Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations 90237 

(7) Acquisitions of commercial 

products and commercial services using 

FAR part 12 procedures. 

* * * * * 

■ 12. Revise section 215.371–6 to read 

as follows: 

215.371–6 Solicitation provision. 

Use the provision at 252.215–7007, 

Notice of Intent to Resolicit, in 

competitive solicitations that will be 

solicited for fewer than 30 days, unless 

an exception at 215.371–4 applies or the 

requirement is waived in accordance 

with 215.371–5. 

PART 225—FOREIGN ACQUISITION 

■ 13. Amend section 225.1103 by 

revising paragraph (4) to read as follows: 

225.1103 Other provisions and clauses. 

* * * * * 

(4) Unless an exception in 225.770–3 

applies, use the clause at 252.225–7007, 

Prohibition on Acquisition of Certain 

Items from Communist Chinese Military 

Companies, in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial 

products and commercial services, 

involving the delivery of items covered 

by the United States Munitions List or 

the 600 series of the Commerce Control 

List. 

[FR Doc. 2024–26054 Filed 11–14–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 215 

[Docket DARS–2024–0035] 

RIN 0750–AM13 

Defense Federal Acquisition 

Regulation: Past Performance of 

Affiliate Companies of Small Business 

Concerns (DFARS Case 2024–D016) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement a section of the 

National Defense Authorization Act for 

Fiscal Year 2024 that provides direction 

to contracting officers evaluating the 

past performance of small business 

concerns. 

DATES: Effective November 15, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kimberly R. Ziegler, telephone 703– 

901–3176. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is issuing a final rule amending 

the DFARS to implement section 865 of 

the National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2024 (Pub. 

L. 118–31). Section 865 requires DoD 

contracting officers to consider relevant 

past performance of affiliate companies 

of small business concerns during the 

evaluation of past performance in 

response to a competitive solicitation. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

The statute that applies to the 

publication of the Federal Acquisition 

Regulation (FAR) is 41 U.S.C. 1707, 

Publication of Proposed Regulations. 

Subsection (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure, or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, 

procedure, or form, or has a significant 

cost or administrative impact on 

contractors or offerors. This final rule is 

not required to be published for public 

comment, because there is no significant 

cost or administrative impact on 

contractors or offerors. When past 

performance will be evaluated in a 

source selection, contracting officers 

already request offerors to submit past 

performance information. This rule will 

allow offerors to provide past 

performance information for an affiliate 

company within that submission, and 

the Government would consider those 

submissions during the existing 

evaluation process. 

III. Applicability to Contracts At or 

Below the Simplified Acquisition 

Threshold (SAT), for Commercial 

Products (Including Commercially 

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

and for Commercial Services 

This final rule does not create any 

new solicitation provisions or contract 

clauses. It does not impact any existing 

solicitation provisions or contract 

clauses or their applicability to 

contracts valued at or below the 

simplified acquisition threshold, for 

commercial products including COTS 

items, or for commercial services. 

IV. 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, as amended. 

V. Congressional Review Act 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before an 

interim or final rule takes effect, DoD 

will submit a copy of the interim or 

final rule with the form, Submission of 

Federal Rules Under the Congressional 

Review Act, to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States. A major rule under the 

Congressional Review Act cannot take 

effect until 60 days after it is published 

in the Federal Register. The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a major 

rule as defined by 5 U.S.C. 804. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

VII. Paperwork Reduction Act 

This final rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Part 215 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, the Defense Acquisition 

Regulations System amends 48 CFR part 

215 as follows: 


khammond on DSKJM1Z7X2PROD with RULES
90238 Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 1. The authority citation for 48 CFR 

part 215 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 2. Revise and republish section 

215.305 to read as follows: 

215.305 Proposal evaluation. 

(a)(2) Past performance evaluation. 

(A) When a past performance evaluation 

is required by FAR 15.304, and the 

solicitation includes the clause at FAR 

52.219–8, Utilization of Small Business 

Concerns, the evaluation factors shall 

include the past performance of offerors 

in complying with requirements of that 

clause. When a past performance 

evaluation is required by FAR 15.304, 

and the solicitation includes the clause 

at FAR 52.219–9, Small Business 

Subcontracting Plan, the evaluation 

factors shall include the past 

performance of offerors in complying 

with requirements of that clause. 

(B) Contracting officers shall consider 

an offeror’s failure to make a good faith 

effort to comply with its comprehensive 

subcontracting plan under the Test 

Program described at 219.702–70 as part 

of the evaluation of the past 

performance. 

(C) When evaluating the past 

performance of an offeror that is a small 

business concern in response to a 

competitive solicitation, contracting 

officers shall consider relevant past 

performance information provided for 

affiliates of the offeror. 

[FR Doc. 2024–26055 Filed 11–14–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

[Docket DARS–2024–0001] 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: DoD is amending the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to make needed 

editorial changes. 

DATES: Effective November 15, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, Defense 

Acquisition Regulations System, 

telephone 703–717–8226. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS to make needed 

editorial changes to add a pointer to 

new text in DFARS Procedures, 

Guidance, and Information. 

List of Subjects in 48 CFR Part 225 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, the Defense Acquisition 

Regulations System amends 48 CFR part 

225 as follows: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 225 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 2. Add section 225.270 to subpart 

225.2 to read as follows: 

225.270 Energy savings service contracts. 

If construction and construction 

materials will be used during the 

performance of a contract for DoD 

energy savings service requirements, see 

PGI 225.270 for additional guidance. 

[FR Doc. 2024–26053 Filed 11–14–24; 8:45 am] 

BILLING CODE 6001–FR–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 501, 552, and 570 

[GSAR Case 2020–G512; Docket No. 2024– 

0010; Sequence No. 1] 

RIN 3090–AK22 

General Services Administration 

Acquisition Regulation; SAM 

Representation for Leases 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration is issuing this final rule 

amending the General Services 

Administration Acquisition Regulation 

(GSAR) to remove the requirement for 

lease offerors to have an active System 

for Award Management registration 

when submitting offers and instead 

allow offers up until the time of award 

to obtain an active registration. 

DATES: Effective December 16, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Michaela Mastroianni, Procurement 

Analyst, or Ms. Amy Lara, Procurement 

Analyst, at gsarpolicy@gsa.gov or 816– 

926–7172. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 

GSARegSec@gsa.gov or 202–501–4755. 

Please cite GSAR Case 2020–G512. 

SUPPLEMENTARY INFORMATION: 

I. Background 

GSA published a proposed rule in the 

Federal Register at 89 FR 21230 on 

March 27, 2024, to amend the GSAR to 

create a SAM registration provision 

specific for the acquisitions of leasehold 

interests in real property. This provision 

was prompted by the implementation of 

FAR Case 2015–005 (see 83 FR 48691), 

which clarified the timing of registration 

in the System for Award Management 

(SAM). Effective October 2018, this FAR 

case implemented the requirement for 

an offeror to be registered in SAM prior 

to the submission of an offer as opposed 

to the offerer being registered prior to 

award as was previously followed 

before the FAR change. While leasing of 

real property is not subject to the FAR, 

GSA prescribed FAR clause 52.204–7 in 

solicitations for the lease of real 

property. It found this FAR amendment 

had a significant effect on prospective 

GSA lessors. 

On February 12, 2020, GSA 

established a GSA specific version of 

the FAR clause to permit the completion 

of SAM representation for leases prior to 

award instead of prior to offer for 

leasing companies. GSA would 

therefore only require the apparent 

awardee to complete the SAM 

registration. This change will codify this 

provision in the GSAR. 

II. Discussion and Analysis 

A. Analysis of Public Comments 

GSA provided the public a 60-day 

comment period (March 27, 2024, to 

May 28, 2024). GSA did not receive any 

comments from the public. 

B. Summary of Changes 

Two editorial fixes were made: 

• GSA corrected the Office of 

Management and Budget (OMB) Control 

Number referenced in error in the 

proposed rule and included the OMB 

Control Number in GSAR 501.106 for 

this final rule. 

• The prescribed Alternate I 

(552.270–35) language was erroneously 

not included in the proposed rule. This 

language is now included. 

III. Expected Impact of the Rule 

There were no public comments 

received that are specific to the 


khammond on DSKJM1Z7X2PROD with RULES