Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Proposed Rules 10327 

marked as CBI will be included in the 

public docket and the EPA’s electronic 

public docket without prior notice. 

Information marked as CBI will not be 

disclosed except in accordance with 

procedures set forth in 40 Code of 

Federal Regulations (CFR) part 2. 

Our preferred method to receive CBI 

is for it to be transmitted electronically 

using email attachments, File Transfer 

Protocol (FTP), or other online file 

sharing services (e.g., Dropbox, 

OneDrive, Google Drive). Electronic 

submissions must be transmitted 

directly to the OAQPS CBI Office at the 

email address oaqpscbi@epa.gov, and as 

described above, should include clear 

CBI markings and note the docket ID. If 

assistance is needed with submitting 

large electronic files that exceed the file 

size limit for email attachments, and if 

you do not have your own file sharing 

service, please email oaqpscbi@epa.gov 

to request a file transfer link. If sending 

CBI information through the postal 

service, please send it to the following 

address: OAQPS Document Control 

Officer (C404–02), OAQPS, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, Attention Docket ID No. EPA– 

HQ–OAR–2020–0430. The mailed CBI 

material should be double wrapped and 

clearly marked. Any CBI markings 

should not show through the outer 

envelope. 

Penny Lassiter, 

Director, Sector Policy and Programs Division. 

[FR Doc. 2022–03987 Filed 2–23–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 19, 49, and 52 

[FAR Case 2019–008; Docket No. 2019– 

0008, Sequence No. 1] 

RIN 9000–AN91 

Federal Acquisition Regulation: Small 

Business Program Amendments 

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 several changes to the Small 

Business Administration (SBA) 

regulations. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before April 25, 

2022 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2019–008 to the 

Federal eRulemaking portal at https://

www.regulations.gov by searching for 

‘‘FAR Case 2019–008’’. Select the link 

‘‘Comment Now’’ that corresponds with 

‘‘FAR Case 2019–008’’. Follow the 

instructions provided on the ‘‘Comment 

Now’’ screen. Please include your name, 

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

2019–008’’ 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 2019–008’’ 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. To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Malissa Jones, Procurement Analyst, at 

703–605–2815, or by email at 

malissa.jones@gsa.gov, for clarification 

of content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat Division at 

202–501–4755 or GSARegSec@gsa.gov. 

Please cite FAR Case 2019–008. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA are proposing 

to amend the FAR to implement several 

revisions that the Small Business 

Administration (SBA) made to its 

regulations in its final rule published on 

November 29, 2019, at 84 FR 65647. 

SBA provided an explanation of the 

changes in its final rule preamble. The 

revisions address the following topics: 

• The point in the procurement 

process at which small business size 

status is determined for offers for 

multiple-award contracts. 

• A new ground for a socioeconomic 

status protest. 

• The eligibility requirements for 8(a) 

participants under long-term contracts 

(i.e., contracts with a duration of more 

than 5 years). 

• The small business size standard for 

information technology value-added 

resellers under North American 

Industry Classification System (NAICS) 

code 541519. 

II. Discussion and Analysis 

The proposed changes to the FAR are 

summarized in the following 

paragraphs. 

A. Small Business Size Standards 

Part 19 is proposed to be revised to 

clarify SBA policy concerning size 

standards in three areas. First, while 

SBA generally determines small 

business size standards at the time of 

initial offer including price, for a 

multiple-award contract that does not 

require offers for the contract to include 

price, SBA will determine size as of the 

date of the initial offer for the multipleaward contract, whether or not the offer 

includes price or the price is evaluated; 

changes are made at FAR 19.102 and 

19.301–1. This proposed rule merely 

informs contracting officers of SBA’s 

policy on determinations of size status; 

it does not include guidance for 

contracting officers regarding 

solicitations that do not include price as 

an evaluation factor for multiple-award 

contracts. FAR case 2017–010, 

Evaluation Factors for Multiple-Award 

Contracts, and FAR case 2018–014, 

Increasing Task-order Level 

Competition, provide this guidance. 

Second, an information technology 

value-added reseller under NAICS code 

541519, proposing to furnish an end 

product it did not manufacture (i.e., a 

‘‘nonmanufacturer’’), is a small business 

if it has no more than 150 employees. 

This size standard is implemented at 

FAR 19.505; FAR 52.204–8, Annual 

Representations and Certifications and 

its Alternate I; FAR 52.212–1, 

Instructions to Offerors—Commercial 

Items; FAR 52.219–1, Small Business 

Program Representations and its 

Alternate II; and FAR 52.219–28, PostAward Small Business Program 

Rerepresentation. 

Third, adding new grounds for a 

socioeconomic status protest based on 

an allegation that a contractor is unduly 

reliant on a small, non-similarly 

situated entity subcontractor or if such 

subcontractor performs the primary and 

vital requirements of the contract (the 

‘‘ostensible subcontractor rule’’). 

Changes are made at FAR 19.306 to 

19.308. 

B. Setting Aside Orders Under MultipleAward Contracts That Were Set Aside 

for Small Business 

FAR 19.504 is proposed to be revised 

to clarify that, if a multiple-award 


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contract was totally set aside for small 

business, contracting officers may set 

aside orders under that contract for any 

of the small business socioeconomic 

programs. This subpart further clarifies 

that for these orders to be set aside, the 

rule of two and the specific 

socioeconomic program eligibility 

requirements must be met. 

C. Determining Eligibility for the 8(a) 

Program 

Subpart 19.8 is proposed to be revised 

to specify that SBA designates concerns 

as 8(a) participants in the Dynamic 

Small Business Search (DSBS) at 

https://web.sba.gov/pro-net/search/dsp_

dsbs.cfm and that SBA’s designation 

also appears in the System for Award 

Management (SAM). In addition, for 8(a) 

contracts exceeding 5 years, including 

options, contracting officers are required 

to verify in DSBS or SAM that the 

concern is an SBA-certified 8(a) 

participant no more than 120 days prior 

to the end of the fifth year of the 

contract. If the concern is not an SBAcertified 8(a) participant at that time, 

contracting officers shall not exercise 

the option. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT) and for Commercial 

Products (Including Commercially 

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

or for Commercial Services 

This rule proposes to amend several 

clauses. However, this proposed rule 

does not impose any new requirements 

on contracts at or below the SAT, for 

commercial products including 

commercially available off-the-shelf 

(COTS) items, or for commercial 

services. The clauses continue to apply 

to acquisitions at or below the SAT, to 

acquisitions for commercial products 

including commercially available offthe-shelf (COTS) items, and to 

acquisitions for commercial services. 

IV. Expected Impact of the Rule 

This proposed rule will impact the 

operations of the Government and 

contractors as described in this section. 

This proposed rule will impact 

contracting officers for long-term 8(a) 

contracts. These contracting officers will 

not be able to exercise options past the 

fifth year of long-term 8(a) contracts if 

the 8(a) contractor no longer qualifies 

for the 8(a) program. 

Contractors who are 8(a) participants 

with long-term contracts may find that 

the Government cannot exercise an 

option on that contract, if the contractor 

is no longer eligible for the 8(a) 

program. 

Offerors who are information 

technology value-added resellers should 

be able to understand more easily the 

size standard that applies to them. 

This proposed rule is not expected to 

result in any costs to contractors or 

offerors. 

The ‘‘ostensible subcontractor rule’’ is 

implemented in this proposed rule as a 

new ground for protest. Small business 

contractors must not be overly reliant on 

non-similarly situated small business 

subcontractors or have such a 

subcontractor perform primary and vital 

requirements of the contract. This 

means the contractor must have the 

necessary expertise within its own 

organization. 

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. 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, 

GSA, and NASA will send the rule and 

the ‘‘Submission of Federal Rules Under 

the Congressional Review Act’’ form to 

each House of the Congress and to the 

Comptroller General of the United 

States. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This proposed rule is 

not anticipated to be a major rule under 

5 U.S.C. 804. 

VII. Regulatory Flexibility Act 

The change may 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. The Initial 

Regulatory Flexibility Analysis (IRFA) is 

summarized as follows: 

DoD, GSA, and NASA are proposing to 

amend the Federal Acquisition Regulation 

(FAR) to implement several revisions made 

to the SBA regulations in SBA’s final rule 

published on November 29, 2019 (84 FR 

65647). The revisions address the point in 

the procurement process at which small 

business size status is determined for offers 

for multiple-award contracts. SBA generally 

determines size status at the time of initial 

offer including price. However, for a 

solicitation for a multiple-award contract that 

does not require offers to include price, SBA 

will determine size as of the date of initial 

offer, whether or not the offer includes price 

or the price is evaluated. The revisions also 

address the eligibility requirements for 8(a) 

participants under long-term contracts (i.e., 

with a duration of more than five years 

including option periods). For long-term 8(a) 

contracts, contracting officers will be 

required to verify in the Dynamic Small 

Business Search (DSBS) or the System for 

Award Management (SAM) that the 

contractor is still an SBA-certified 8(a) 

participant no more than 120 days prior to 

the end of the fifth year of the contract. If the 

contractor is no longer an SBA-certified 8(a) 

participant, the contracting officer shall not 

exercise the option. In addition, SBA’s 

revisions specified that the size standard for 

information technology value-added resellers 

under North American Industry 

Classification System (NAICS) code 541519 

is 150 employees. The revisions also address 

SBA’s new grounds for a socioeconomic 

status protest based on an allegation that a 

contractor is unduly reliant on a small, nonsimilarly situated entity subcontractor or if 

such subcontractor performs the primary and 

vital requirements of the contract (the 

‘‘ostensible subcontractor rule’’). This 

proposed FAR rule includes all of these 

revisions. 

The objective of this proposed rule is to 

implement SBA’s regulatory revisions in the 

FAR. The legal basis for this rule is 41 U.S.C. 

1303 and the SBA regulatory changes at 13 

CFR 121.103(h), 13 CFR 121.404, 13 CFR 

121.406, 13 CFR 124.521(e), and 13 CFR 

125.2(e). 

This proposed rule will apply to small 

entities that do business with the Federal 

Government. According to the data in SAM, 

320,622 of the active entity registrations are 

for entities that are small business concerns 

for at least one NAICS code. The proposed 

FAR changes, regarding the point at which 

SBA determines size status and SBA’s new 

grounds for a socioeconomic protest, will 

provide these entities with straightforward 

guidance that will reduce confusion and 

uncertainty. 

The proposed changes regarding long-term 

8(a) contracts will impact 8(a) participants 

who are Federal contractors with contracts 

that have a duration of more than five years, 

including options. An analysis of the data in 

the Federal Procurement Data System (FPDS) 

indicates that, for fiscal years 2017 through 

2019, an average of 257 long-term contracts 

(greater than five years) were awarded to 227 

unique entities each year under the 8(a) 

program. The proposed change may serve to 

reduce the number of long-term contracts 

awarded to 8(a) participants by agencies that 

are concerned about having a contract in 

place beyond the fifth year. Contracts outside 

the 8(a) program will not have such obstacles 

to continued performance. 

The proposed change regarding the size 

standard for information technology valueadded resellers will affect such resellers who 


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do business with the Federal Government. 

An analysis of the data in FPDS shows that, 

for fiscal years 2017 through 2019, an average 

of 727 unique large business entities and 

1,347 unique small business concerns were 

awarded contracts each year under NAICS 

code 541519. 

This proposed rule does not include any 

new reporting, recordkeeping, or other 

compliance requirements for small entities. 

This proposed rule does not duplicate, 

overlap, or conflict with any other Federal 

rules. 

There are no known significant alternative 

approaches that would accomplish the stated 

objectives. 

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 2019–008), in 

correspondence. 

VIII. Paperwork Reduction Act 

This proposed rule does not contain 

any information collection requirements 

that require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

3501–3521). 

List of Subjects in 48 CFR Parts 19, 49, 

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 to amend 48 CFR parts 19, 49, 

and 52 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 19, 49, and 52 continues to read 

as follows: 

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

chapter 137; and 51 U.S.C. 20113. 

PART 19—SMALL BUSINESS 

PROGRAMS 

■ 2. Amend section 19.102 by— 

■ a. Revising the last sentence of 

paragraph (a)(1); and 

■ b. Adding paragraphs (a)(3) and (4). 

The revision and additions read as 

follows: 

19.102 Small business size standards and 

North American Industry Classification 

System codes. 

(a) * * * 

(1) * * * They are also available at 

https://www.sba.gov/document/support- 

-table-size-standards. 

* * * * * 

(3) SBA determines the size status of 

a concern, including its affiliates, as of 

the date the concern represents that it is 

small to the contracting officer as part 

of its initial offer, which includes price. 

(4) When an agency uses a solicitation 

for a multiple-award contract that does 

not require offers for the contract to 

include price, SBA determines size as of 

the date of initial offer for the multipleaward contract, whether or not the offer 

includes price or the price is evaluated. 

(See 13 CFR 121.404(a)(1)(iv).) 

* * * * * 

19.301–1 [Amended] 

■ 3. Amend section 19.301–1 by— 

■ a. Removing from paragraph (b) 

introductory text the phrase ‘‘initial 

offer’’ and adding ‘‘initial offer, 

(whether or not the offer includes price 

or the price is evaluated)’’ in its place; 

and 

■ b. Removing from paragraph (e)(1) the 

phrase ‘‘offer for the contract’’ and 

adding ‘‘offer for the contract (whether 

or not the offer includes price or the 

price is evaluated (see 13 CFR 

121.404(a)(1)(iv)),’’ in its place. 

■ 4. Amend section 19.306 by— 

■ a. Removing from the end of 

paragraph (d)(1)(ii) the word ‘‘or’’; 

■ b. Removing from the end of 

paragraph (d)(1)(iii) the period and 

adding ‘‘; or’’ in its place; and 

■ c. Adding paragraph (d)(1)(iv). 

The addition reads as follows: 

19.306 Protesting a firm’s status as a 

HUBZone small business concern. 

* * * * * 

(d) * * * 

(1) * * * 

(iv) For HUBZone set-aside or solesource service contracts, a HUBZone 

prime contractor is unduly reliant on a 

small, non-similarly situated entity 

subcontractor or if such subcontractor 

performs the primary and vital 

requirements of the contract. For 

allegations that the prime contractor is 

unduly reliant on an other-than-small 

subcontractor, see size protests at 

19.302, and 13 CFR 121.103(h)(2), 

which treats the pair as joint venturers 

for size determination purposes (the 

‘‘ostensible subcontractor rule’’). 

* * * * * 

■ 5. Amend section 19.307 by— 

■ a. Removing from paragraph (d)(1) 

introductory text the phrase ‘‘service 

disabled’’ and adding ‘‘service– 

disabled’’ in its place; 

■ b. Removing from paragraph (d)(1)(i) 

the text ‘‘service disabled’’ and ‘‘125.8; 

or’’ and adding ‘‘service-disabled’’ and 

‘‘125.11;’’ in their places, respectively; 

■ c. Removing from paragraph (d)(1)(ii) 

the period at the end and adding ‘‘; or’’ 

in its place; and 

■ d. Adding paragraph (d)(1)(iii). 

The addition reads as follows: 

19.307 Protesting a firm’s status as a 

service-disabled veteran-owned small 

business concern. 

* * * * * 

(d) * * * 

(1) * * * 

(iii) For set-aside or sole-source 

service contract ostensible subcontractor 

protests, the protester presents credible 

evidence of the alleged undue reliance 

on a small, non-similarly situated entity 

subcontractor, or credible evidence that 

the small non-similarly situated entity is 

performing the primary and vital 

requirements of the contract. For 

allegations that the prime contractor is 

unduly reliant on an other-than-small 

subcontractor, see size protests at 

19.302, and 13 CFR 121.103(h)(2), 

which treats the pair as joint venturers 

for size determination purposes (the 

‘‘ostensible subcontractor rule’’). 

* * * * * 

■ 6. Amend section 19.308 by— 

■ a. Removing from the end of 

paragraph (d)(1)(i) the word ‘‘or’’; 

■ b. Removing from the end of 

paragraph (d)(1)(ii) the period and 

adding ‘‘; or’’ in its place; and 

■ c. Adding paragraph (d)(1)(iii). 

The addition reads as follows: 

19.308 Protesting a firm’s status as an 

economically disadvantaged women-owned 

small business concern or women-owned 

small business concern eligible under the 

Women-Owned Small Business Program. 

* * * * * 

(d) * * * 

(1) * * * 

(iii) For WOSB or EDWOSB set-aside 

or sole-source service contracts, the 

protest presents evidence that the prime 

contractor is unusually reliant on a 

small, non-similarly situated entity 

subcontractor, as defined in 13 CFR 

125.1, or a protest alleging that such 

subcontractor is performing the primary 

and vital requirements of a set-aside or 

sole-source WOSB or EDWOSB contract. 

For allegations that the prime contractor 

is unduly reliant on an other-than-small 

subcontractor, see size protests at 

19.302, and 13 CFR 121.103(h)(2), 

which treats the pair as joint venturers 

for size determination purposes (the 

‘‘ostensible subcontractor rule’’). 

* * * * * 


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■ 7. Amend section 19.504 by— 

■ a. Removing from paragraph (b) 

heading the word ‘‘partial’’; 

■ b. Redesignating paragraphs (b)(1) and 

(b)(2) as paragraphs (b)(2)(i) and 

(b)(2)(ii), respectively; 

■ c. Adding a new paragraph (b)(1); and 

■ d. Adding a heading for newly 

redesignated paragraph (b)(2). 

The additions read as follows: 

19.504 Orders under multiple-award 

contracts. 

* * * * * 

(b) * * *—(1) Orders under total setaside contracts. Under a total small 

business set-aside, contracting officers 

may at their discretion set aside orders 

for any of the small business 

socioeconomic concerns identified in 

19.000(a)(3) provided that the 

requirements at paragraph (a) of this 

section, 19.502–2(b), and the specific 

program eligibility requirements are 

met. 

(2) Orders under partial set-aside 

contracts. * * * 

* * * * * 

19.505 [Amended] 

■ 8. Amend section 19.505 by removing 

from paragraphs (c)(1)(ii) and (c)(2)(i) 

the phrase ‘‘500 employees’’ and adding 

‘‘500 employees, or 150 employees for 

information technology value-added 

resellers under NAICS code 541519’’ in 

its place. 

■ 9. Amend section 19.802 by adding 

two sentences at the end to read as 

follows: 

19.802 Determining eligibility for the 8(a) 

program. 

* * * SBA designates the concern as 

an 8(a) participant in the Dynamic 

Small Business Search (DSBS) at 

https://web.sba.gov/pro-net/search/dsp_

dsbs.cfm. SBA’s designation also 

appears in the System for Award 

Management (SAM). 

■ 10. Amend section 19.804–1 by— 

■ a. Removing from the end of 

paragraph (a)(1) the word ‘‘and’’; 

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

paragraph (a)(3); and 

■ c. Adding a new paragraph (a)(2). 

The addition reads as follows: 

19.804–1 Agency evaluation. 

(a) * * * 

(2) Length of contract, including 

option periods (see 19.812(d)); and 

* * * * * 

■ 11. Amend section 19.812 by— 

■ a. Redesignating paragraph (d) as 

paragraph (e); and 

■ b. Adding a new paragraph (d). 

The addition reads as follows: 

19.812 Contract administration. 

* * * * * 

(d) For 8(a) contracts exceeding 5 

years including options, the contracting 

officer shall verify in DSBS or SAM that 

the concern is an SBA-certified 8(a) 

participant no more than 120 days prior 

to the end of the fifth year of the 

contract. If the concern is not an SBAcertified 8(a) participant, the contracting 

officer shall not exercise the option (see 

13 CFR 124.521(e)(2)). 

* * * * * 

PART 49—TERMINATION OF 

CONTRACTS 

49.402–3 [Amended] 

■ 12. Amend section 49.402–3 by 

removing from paragraph (e)(4) the 

phrase ‘‘Small Business Administration 

Regional’’ and adding ‘‘Small Business 

Administration Area’’ in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 13. Amend section 52.204–8 by— 

■ a. Revising the date of the provision; 

■ b. Removing from paragraph (a)(3) 

introductory text the phrase ‘‘500 

employees’’ and adding ‘‘500 

employees, or 150 employees for 

information technology value-added 

resellers under NAICS code 541519,’’ in 

its place; 

■ c. In Alternate I: 

■ i. Revising the date of Alternate I; and 

■ ii. Removing from paragraph (a)(2) 

introductory text the phrase ‘‘500 

employees’’ and adding ‘‘500 

employees, or 150 employees for 

information technology value-added 

resellers under NAICS code 541519,’’ in 

its place. 

The revisions read as follows: 

52.204–8 Annual Representations and 

Certifications. 

* * * * * 

Annual Representations and 

Certifications (DATE) 

* * * * * 

Alternate I (DATE). * * * 

* * * * * 

■ 13. Amend section 52.212–1 by— 

■ a. Revising the date of the provision; 

and 

■ b. Removing from paragraph (a) 

introductory text the phrase ‘‘500 

employees’’ and adding ‘‘500 

employees, or 150 employees for 

information technology value-added 

resellers under NAICS code 541519,’’ in 

its place. 

The revision reads as follows: 

52.212–1 Instructions to Offerors— 

Commercial Products and Commercial 

Services. 

* * * * * 

Instructions to Offerors—Commercial 

Products and Commercial Services 

(DATE) 

* * * * * 

■ 14. Amend section 52.212–5 by— 

■ a. Revising the date of the provision; 

and 

■ b. Removing from paragraph (b)(22)(i) 

the date ‘‘(SEP 2021)’’ and adding 

‘‘(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) 

* * * * * 

■ 15. Amend section 52.219–1 by— 

■ a. Revising the date of the provision; 

■ b. Removing from paragraph (b)(3) 

introductory text the phrase ‘‘500 

employees’’ and adding ‘‘500 

employees, or 150 employees for 

information technology value-added 

resellers under NAICS code 541519,’’ in 

its place; 

■ c. In Alternate II: 

■ i. Revising the date of Alternate II; and 

■ ii. Removing from paragraph (b)(2) 

introductory text the phrase ‘‘500 

employees’’ and adding ‘‘500 

employees, or 150 employees for 

information technology value-added 

resellers under NAICS code 541519,’’ in 

its place. 

The revisions read as follows: 

52.219–1 Small Business Program 

Representations. 

* * * * * 

Small Business Program 

Representations (DATE) 

* * * * * 

Alternate II (DATE) * * * 

* * * * * 

■ 16. Amend section 52.219–18 by— 

■ a. Revising the date of Alternate I; and 

■ b. Removing from paragraph (a)(3) of 

Alternate I the phrase ‘‘Regional 

Office(s)’’ and adding ‘‘Area Office(s)’’ 

in its place. 

The revision reads as follows: 

52.219–18 Notification of Competition 

Limited to Eligible 8(a) Participants. 

* * * * * 

Alternate I (DATE) * * * 

* * * * * 

■ 17. Amend section 52.219–28 by— 

■ a. Revising the date of the provision; 

and 


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Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Proposed Rules 10331 

■ b. Removing from paragraph (e) 

introductory text the phrase ‘‘500 

employees’’ and adding ‘‘500 

employees, or 150 employees for 

information technology value-added 

resellers under NAICS code 541519,’’ in 

its place. 

The revision reads as follows: 

52.219–28 Post-Award Small Business 

Program Rerepresentation. 

* * * * * 

Post-Award Small Business Program 

Rerepresentation (DATE) 

* * * * * 

[FR Doc. 2022–03105 Filed 2–23–22; 8:45 am] 

BILLING CODE 6820–EP–P 


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