`[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Rules and Regulations]
[Pages 506-507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31409]



[[Page 505]]

Vol. 90

Friday,

No. 2

January 3, 2025

Part IV





Department of Defense





General Services Administration





National Aeronautics and Space Administration





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48 CFR Chapter 1





Federal Acquisition Regulations: Federal Acquisition Circular 2025-03; 
Introduction, Improving Consistency Between Procurement and 
Nonprocurement Procedures on Suspension and Debarment, Rerepresentation 
of Size and Socioeconomic Status, Subcontracting to Puerto Rican and 
Covered Territory Small Businesses, and Federal Acquisition Circular 
2025-03; Small Entity Compliance Guide; Final Rules

  Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules 
and Regulations  

[[Page 506]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR-2024-0051, Sequence No. 8]


Federal Acquisition Regulation; Federal Acquisition Circular 
2025-03; Introduction

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of final rules.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2025-03. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC.

DATES: For effective dates see the separate documents, which follow.

ADDRESSES: The FAC, including the SECG, is available at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below in relation to the FAR case. For information pertaining to 
status or publication schedules, contact the Regulatory Secretariat 
Division at 202-501-4755 or [email protected].

                       Rules Listed in FAC 2025-03
------------------------------------------------------------------------
     Item               Subject             FAR case        Analyst
------------------------------------------------------------------------
I............  Improving Consistency         2019-015  Delgado.
                Between Procurement and
                Nonprocurement
                Procedures on Suspension
                and Debarment.
II...........  Rerepresentation of Size      2020-016  Bowman.
                and Socioeconomic Status.
III..........  Subcontracting to Puerto      2023-001  Moore.
                Rican And Covered
                Territory Small
                Businesses.
------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these FAR rules, refer to 
the specific item numbers and subjects set forth in the documents 
following these item summaries. FAC 2025-03 amends the FAR as follows:

Item I--Improving Consistency Between Procurement and Nonprocurement 
Procedures on Suspension and Debarment (FAR Case 2019-015)

    This final rule amends the FAR to improve consistency between the 
procurement and nonprocurement procedures on suspension and debarment, 
based on recommendations of the Interagency Suspension and Debarment 
Committee. The changes in the FAR bring the two systems into closer 
alignment, enhancing transparency and consistency within the 
Government's suspension and debarment procedures. This allows 
contractors a better understanding of how the two systems' procedures 
relate to each other. The changes are not expected to have a 
significant economic impact on a substantial number of small entities. 
It is anticipated that this rule will have a positive impact on small 
businesses with increased transparency in the process.

Item II--Rerepresentation of Size and Socioeconomic Status (FAR Case 
2020-016)

    This final rule amends the FAR to implement regulatory changes made 
by the Small Business Administration to size and socioeconomic status 
rerepresentation requirements for orders placed against multiple-award 
contracts. Specifically, business concerns that represented their 
status as any of the small business concerns identified at FAR 
19.000(a)(3) are required to rerepresent their size and/or 
socioeconomic status for orders set aside--
    (1) Under unrestricted multiple-award contracts, unless the order 
is issued against a reserve for which size and/or status was required.
    (2) Under a multiple-award contract that was totally or partially 
set aside for small businesses, and the order requires a different 
socioeconomic status.
    Federal Supply Schedules (FSS) are exempt from these requirements.
    The final rule will help to validate that small businesses qualify 
for the size and/or socioeconomic status associated with orders placed 
under certain multiple-award contracts. Also, entities that no longer 
qualify under the applicable North American Industry Classification 
System (NAICS) code or the socioeconomic status they claim may not 
qualify under the applicable NAICS code or socioeconomic status for 
set-aside orders under the multiple-award contracts subject to this 
rule.
    The final rule is not expected to have a significant economic 
impact on a substantial number of small entities.

Item III--Subcontracting to Puerto Rican and Covered Territory Small 
Businesses (FAR Case 2023-001)

    This final rule amends the FAR to implement regulatory changes made 
by the Small Business Administration to implement section 861 of Public 
Law 115-232 and section 866 of Public Law 116-283, which add incentives 
for certain U.S. territories under the Small Business Administration 
mentor-prot[eacute]g[eacute] program. This final rule also specifies 
the entities that are not required to submit subcontracting plans as 
subcontractors. This final rule is not expected to have a significant 
impact on a substantial number of small entities; however, it will 
impact small businesses whose principal office is in the Commonwealth 
of Puerto Rico or that are covered territory businesses that enter into 
SBA-approved mentor-prot[eacute]g[eacute] agreements.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
    Federal Acquisition Circular (FAC) 2025-03 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator of National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other

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directive material contained in FAC 2025-03 are effective January 
17, 2025.
John M. Tenaglia,
Principal Director, Defense Pricing, Contracting, and Acquisition 
Policy, Department of Defense.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy, U.S. General 
Services Administration.
Marvin L. Horne,
Deputy Assistant Administrator for NASA Procurement, National 
Aeronautics and Space Administration.
[FR Doc. 2024-31409 Filed 1-2-25; 8:45 am]
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