`[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Proposed Rules]
[Pages 3753-3761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00615]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 7, 12, 16, 19, and 52

[FAR Case 2023-011, Docket No. FAR-2023-0011, Sequence No. 1]
RIN 9000-AO59


Federal Acquisition Regulation: Small Business Participation on 
Certain Multiple-Award Contracts

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

ACTION: Proposed rule.

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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to issue policy on small business 
participation on certain multiple-award contracts.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat Division at the address shown below on or before 
March 17, 2025, to be considered in the formation of the final rule.

ADDRESSES: Submit comments in response to FAR Case 2023-011 to the 
Federal eRulemaking portal at https://www.regulations.gov by searching 
for ``FAR Case 2023-011''. Select the link ``Comment Now'' that 
corresponds with ``FAR Case 2023-011''. Follow the instructions 
provided on the ``Comment Now'' screen. Please include your name, 
company name (if any), and ``FAR Case 2023-011'' 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 2023-
011'' in all correspondence related to this case. Comments received 
generally will be posted without change to https://www.regulations.gov, 
including any personal and/or business confidential information 
provided. Public comments may be submitted as an individual, as an 
organization, or anonymously (see frequently asked questions at https://www.regulations.gov/faq). To confirm receipt of your comment(s), 
please check https://www.regulations.gov, approximately two to three 
days after submission to verify posting.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Carrie Moore, Procurement Analyst, at 571-300-5917 or by email at 
[email protected]. For information pertaining to status, publication 
schedules, or alternate instructions for submitting comments if https://www.regulations.gov cannot be used, contact the Regulatory Secretariat 
Division at 202-501-4755 or [email protected]. Please cite FAR Case 
2023-011.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are proposing to revise the FAR to issue policy 
to update market research, acquisition planning, small business 
specialist coordination, and the use of set-asides during the award of, 
and placement of orders against, certain multiple-award contracts. This 
proposed rule implements recommendations of the Office of Federal 
Procurement Policy (OFPP) in its memorandum entitled, Increasing Small 
Business Participation on Multiple Award Contracts, dated January 25, 
2024.
    This policy would expand the use of small business set-asides for 
orders against multiple-award contracts; increase coordination with the 
cognizant small business specialist and the Small Business 
Administration (SBA) procurement center representative (PCR) during 
acquisition planning for multiple-award contracts and when placing 
orders against multiple-award contracts, and provide additional 
criteria to consider or address in documentation provided to the 
cognizant small business specialist and PCR. This proposed rule is 
being published in conjunction with an SBA proposed rule regarding, 
``Assuring a Fair Proportion of Government Purchases are Awarded to 
Small Business Concerns,'' to help the public and the acquisition 
workforce better understand how the two rules will implement the 
policy. This proposed rule would impact both acquisition planning and 
order placement, as discussed below.

A. Acquisition Planning

    To increase small business opportunities when developing 
acquisition strategies for multiple-award contracts, this proposed rule 
would increase and enhance small business documentation requirements 
and facilitate greater coordination and communication between agencies 
and their cognizant small business specialists during the acquisition 
planning process. Currently, agencies coordinate acquisitions with 
their respective Office of Small and Disadvantaged Business Utilization 
(OSDBU), or the Office of Small Business Programs (OSBP), for 
recommendations as to whether the acquisition should be set aside or 
reserved for small business concerns, in accordance with agency 
procedures. This proposed rule is intended to increase OSDBU and OSBP 
insight into acquisition planning for multiple-award contracts by 
requiring agencies, when contemplating the issuance of such a contract, 
to consider totally or partially setting aside the acquisition for 
small business or including a small business reserve. If a set-aside or 
reserve for small business is not planned, the agency would be required 
to document the reason, including any pertinent market research, for 
this decision in its acquisition strategy or plan, and coordinate the 
reason with the agency's cognizant small business specialist. (See FAR 
7.105(b)(1)(iii)(A)).
    In addition, when an acquisition is anticipated to meet or exceed 
the dollar threshold for substantial bundling at FAR 7.107-4(a)(1), the 
acquisition planner is currently required at FAR 7.104(d) to coordinate 
the acquisition with the agency's cognizant small business specialist. 
This coordination provides the specialist with insight into any 
decision to not set aside the acquisition for small business concerns, 
as well as an opportunity to ensure the acquisition is structured to 
maximize small business competition and award opportunities. This 
proposed rule would incorporate a higher level of

[[Page 3754]]

coordination into the current process by requiring the agency's 
cognizant small business specialist to notify the PCR, if the 
acquisition plan involves a multiple-award contract that meets or 
exceeds the agency's respective threshold for substantial bundling and 
the number of small business contract awardees is anticipated to be 
less than 30 percent of all contract awardees. This higher-level 
coordination is proposed to reinforce careful consideration of small 
business equities on multiple-award contracts and increase the 
probability of participation by small business.
    Finally, this proposed rule would also require agencies to consider 
the use of on-ramps when planning for the award of a long-term, 
multiple-award contract. On-ramps are a tool used with multiple-award 
contracts to permit large and small businesses to be added as awardees 
during the period of performance of the contract. To encourage the 
continued participation of small business concerns on long-term (i.e., 
more than five years in duration, including options, see 19.301-2(a)) 
multiple-award contracts, this proposed rule would require acquisition 
planners to discuss the use of on-ramps for these contracts in the 
acquisition plan. (See 7.105 (b)(1)(iii)(B)). If no on-ramps are 
planned for the contract but small businesses are expected to enter the 
market after the award of the contract, and the work anticipated under 
the contract is sufficient to provide meaningful opportunities for 
additional contract awardees, the planner would be required to explain 
in the acquisition plan why on-ramps will not be included in the 
contract.

B. Orders Against Multiple-Award Contracts

    In accordance with 15 U.S.C. 644(r), contracting officers have the 
discretion to decide whether to set aside an order against a multiple-
award contract. To increase small business opportunities and maximize 
their participation under multiple-award contracts, this proposed rule 
would require contracting officers to exercise their discretion to set 
aside an order for small business if the contracting officer determines 
that, under an applicable multiple-award contract, there is a 
reasonable expectation of obtaining offers from two or more responsible 
small business contract awardees that are competitive in terms of fair 
market price, quality, capability, ability to comply with the delivery 
or performance schedule, and past performance. (See FAR 
16.505(b)(1)(i)(C).) This set-aside requirement for the contracting 
officer to exercise their discretion would not apply to orders against 
the Federal Supply Schedule (FSS), or when an exception to fair 
opportunity or an agency-specific exception applies to the order (See 
FAR 16.505(a)(14)).
    This proposed rule would permit agencies to establish procedures 
for contracting officers to exercise agency-specific exceptions. 
However, agencies must coordinate their procedures for granting those 
exceptions with their OSDBU or OSBP, as well as SBA, and make the 
procedures publicly available. The establishment of these procedures 
and their coordination with SBA and the agency OSDU or OSBP is not a 
requirement for their review and approval, as approval remains entirely 
within the discretion of the agency establishing the procedures. This 
proposed rule would also clarify that the set-aside requirement applies 
to existing contracts only to the extent that doing so is consistent 
with the ordering procedures of the contract and there is adequate time 
remaining on the contract to permit a small business concern to fully 
perform or deliver under the contract (See FAR 16.505(b)(1)(i)(C)(2)).
    If an order is not set aside when there is a reasonable expectation 
of obtaining competitive offers from two or more responsible small 
business contract awardees under the multiple-award contract, the 
contracting officer would be required to document the reason for that 
decision and coordinate it with the agency's cognizant small business 
specialist. This proposed rule would require the small business 
specialist to coordinate the decision with the PCR when the order 
exceeds a dollar value threshold negotiated between SBA and the agency.
    Alternatively, when an order is to be placed against a multiple-
award contract with only one or no small business contract awardees, 
this proposed rule at FAR 16.505(a)(13) would require contracting 
officers to document the reason for choosing the contract, coordinate 
it with the agency's cognizant small business specialist, and provide 
the specialist with a reasonable opportunity to respond. This would not 
be a requirement for approval from the cognizant small business 
specialist. The documentation would need to discuss the following: how 
the market research of small business contract awardees, including 
small businesses that are not contract awardees, on the multiple-award 
contract against which the order will be placed, and how mission needs 
informed the agency's reason for selecting the multiple-award contract 
to fulfill its needs; and the market research the agency conducted 
within the past 18 months to support the decision, which may include 
the market research supporting the strategy to establish a multiple-
award contract or deciding to use another agency's multiple-award 
contract on a repetitive basis. This documentation and coordination 
requirement will would not apply when placing an order against the FSS, 
an exception to fair opportunity applies, or to repetitive orders, 
including orders placed using automated procedures, issued by that 
agency (i.e., when an order was issued by that agency under the same 
contract and that order was documented in accordance with FAR 
16.505(a)(13) and coordinated within the prior 18 months).

II. Discussion and Analysis

    The proposed changes to the FAR and the rationale are summarized as 
follows:
     Revise part 1 to emphasize that the small business 
community is part of the acquisition team;
     Revise part 7 to: require agencies to document and 
coordinate the decision to not include a set-aside or reserve for small 
business when planning for the award of multiple-award contract; 
identify the agency cognizant small business specialist's 
responsibility for coordination when reviewing acquisition plans or 
strategies for certain multiple-award contracts; and specify the 
additional considerations the agency acquisition planner must make and 
document in an acquisition plan or strategy when contemplating the 
award of a long-term, multiple-award contract.
     Revise part 12 to focus text that refers to the 
contracting officer's discretion to set aside orders.
     Revise part 16 to: require contracting officers to use 
their discretionary authority to set aside orders against certain 
multiple-award contracts and to incorporate set-asides in the ordering 
procedures of any new multiple-award contracts; specify the criteria to 
be considered when making a set-aside determination and when the set-
aside requirement may not apply; identify the documentation and 
coordination requirements when the order is not set aside, and when 
placing an order against certain multiple-award contracts that have 
only one or no small business contract awardees; discuss how the set-
aside requirement will apply to existing contracts; and remove the 
contracting officer's discretion to set aside an order from the list of 
exceptions to fair opportunity.
     Revise part 19 to: reiterate the requirement to set aside 
orders for small business contract awardees against certain multiple-
award contracts; remove the discretionary authority for set-asides from 
the list of exclusions to

[[Page 3755]]

fair opportunity; clarify that the contracting officer may provide the 
PCR with a proposed acquisition package more than 30 days in advance of 
the solicitation, upon agreement between the PCR and the agency; and 
revise the prescriptions for applicable clauses to ensure proper 
incorporation into contracts as a result of this rule.

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 the prescriptions at FAR 19.507(c), 
19.507(e)(1), 19.507(h)(1), 19.1309(a), 19.1408(a), and 19.1508(a) and 
(b). This rule also proposes to amend the following clauses: 52.212-5, 
Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders--Commercial Products and Commercial Services; 52.219-
3, Notice of HUBZone Set-Aside or Sole-Source Award; 52.219-6, Notice 
of Total Small Business Set-Aside; 52.219-14, Limitations on 
Subcontracting; 52.219-27, Notice of Set-Aside for, or Sole-Source 
Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) 
Concerns Eligible Under the SDVOSB Program; 52.219-29, Notice of Set-
Aside for, or Sole-Source Award to, Economically Disadvantaged Women-
Owned Small Business Concerns; 52.219-30, Notice of Set-Aside for, or 
Sole-Source Award to, Women-Owned Small Business Concerns Eligible 
Under the Women-Owned Small Business Program; and 52.219-33, 
Nonmanufacturer Rule.
    However, this rule would not impose any new requirements on 
contracts at or below the SAT, for commercial products (including COTS 
items), or for commercial services. The clauses would continue to apply 
to acquisitions at or below the SAT, acquisitions for commercial 
products (including COTS items), and commercial services.

IV. Expected Impact of the Rule

    This proposed rule supports Governmentwide efforts to leverage the 
small business growth occurring in the nation's supply chains that 
support agency missions, reverse the decline of small business 
participation in the Federal supplier base, and increase contracting 
opportunities for small business concerns. In its January 25, 2024 
memo, OFPP identified several actions to strengthen small business 
participation on multiple-award contracts, including: earlier 
involvement of SBA PCRs and the agency small business specialists in 
the development of multiple-award contracts; express consideration 
during acquisition planning of on-ramps and the relative proportion of 
anticipated small business contract awardees on multiple-award 
contracts; and new requirements for order set-asides against multiple-
award contracts.

A. Benefits

    Competitive small businesses that can participate on multiple-award 
contracts may find it easier to compete for work under the reduced 
administrative burden and simpler evaluation procedures used to support 
order competitions rather than pursuing competitions on the open 
market. Additionally, this proposed rule may result in an increased 
number of multiple-award contracts being set aside exclusively for 
small business concerns, and since small business concerns often grow 
to become large businesses, this rule may result in an increase in 
competition in unrestricted multiple-award contracts and further build 
the economic strength of the country.

B. Estimated Costs

1. Public Costs
    This rule affects the internal operating procedures of the 
Government when performing acquisition planning. This rule does not 
directly impose any burden on the public. This proposed rule may result 
in a greater percentage of orders being awarded to small business 
contract awardees under certain multiple-award contracts. The costs and 
benefits of this rule have not been realized yet; therefore, there is 
no data with which to quantify these impacts. Instead, this proposed 
rule has the potential to impact existing and future contract awardees 
under certain multiple-award contracts, depending on several factors, 
including the following: the primary industry of the entity; the 
Government's future needs for supplies and services; the entity's 
submission of proposals and offers for multiple-award contracts and the 
orders to be placed under those contracts; and agency budget.
2. Government Costs
    The total estimated Government costs associated with this FAR 
proposed rule, if finalized, in millions, over a ten-year period, are 
as follows:

------------------------------------------------------------------------
              Government cost                 Undiscounted    2 Percent
------------------------------------------------------------------------
Present Value..............................            $117         $105
Annualized.................................            11.7         10.5
------------------------------------------------------------------------

    Undiscounted Government costs (in millions) by year over a ten-year 
period are summarized as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Year 1                           Year 2     Year 3     Year 4     Year 5     Year 6     Year 7     Year 8     Year 9    Year 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
$11.7................................................      $11.7      $11.7      $11.7      $11.7      $11.7      $11.7      $11.7      $11.7      $11.7
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    i. Acquisition Planning. First, this rule proposes to require 
agencies to document the reason a set-aside or reserve for small 
business is not planned for in the solicitation of a new multiple-award 
contract at any dollar value. Agencies would also be required to 
coordinate the documentation with the agency's cognizant small business 
specialist. The cost accounts for the time it takes an acquisition 
planner to document the reason for not including a set-aside or reserve 
for small business in the solicitation and the results of small 
business market research to support that decision and discuss the 
documentation with the agency's cognizant small business specialist. 
According to data from the Federal Procurement Data System (FPDS) for 
Fiscal Years (FYs) 2021 to 2023, the Government awards an average of 
approximately 3,700 multiple-award contracts that do not contain a set-
aside or reserve for small business concerns annually. The Government 
does not collect data on each solicitation issued and, therefore, 
assumes that an average of 3 contracts are awarded from a solicitation 
for a multiple-award contract. This accounts for an average of 1,233 
solicitations (3,700 contracts/3 contracts awarded per solicitation) 
for multiple-award contracts issued by the Government each year. It is 
estimated that it will take one GS-14, step 5, Government employee, on 
average, 1.5 hours to document and coordinate the rationale. Based on 
the Office of Personnel Management (OPM) 2024 General Schedule (GS) 14/
step 5 salary for the rest of the United States ($66.36 per hour), a 
fringe rate of 36.25 percent (OMB memorandum M-08-13 for use in public-
private competition), and an overhead rate of 12% (A-76 revised 
supplemental handbook), the average loaded wage rate for a GS-14, step 
5

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employee is $101 (rounded to the nearest dollar). As a result, the 
total annual estimated cost for the Government to document and 
coordinate the reason for not including a set-aside or reserve for 
small business in a multiple-award contract is $186,800 (1,233 
solicitations * 1.5 hours * $101). The Government acknowledges that 
this cost could be slightly increased by those solicitations that are 
issued but cancelled prior to award, or slightly decreased when more 
than 3 contracts are awarded from a single solicitation.
    Second, this rule proposes to require the cognizant small business 
specialist to coordinate with the PCR, if an acquisition plan or 
strategy involves a multiple-award contract that meets or exceeds the 
thresholds for substantial bundling and the number of small business 
contract awardees is anticipated to be less than 30 percent of all 
contract awardees. The cost accounts for the time it takes the agency's 
cognizant small business specialist to contact and discuss the 
acquisition with the SBA PCR. According to data from FPDS for FYs 2021 
to 2023, the Government awards an average of approximately 2,900 
multiple-award contracts that exceed an agency's respective substantial 
bundling threshold, and do not contain a set-aside or reserve for small 
business concerns. The Government estimates that approximately 50 
percent, or 1,450 (2,900 * .50), of these contracts anticipate the 
number of small business contract awardees to be less than 30 percent 
of all contract awardees. The Government further assumes that one 
solicitation yielded two multiple-award contracts meeting the 
respective substantial bundling threshold. This accounts for an average 
of 725 solicitations (1,450 contracts/2 contracts awarded per 
solicitation) for multiple-award contracts valued over the substantial 
bundling threshold issued by the Government each year. It is estimated 
that it would take one GS-14, step 5, Government employee, on average, 
0.5 hour to coordinate and discuss the acquisition plan or strategy 
with the SBA PCR. Using the average loaded wage rate for a GS-14, step 
5, employee, the total annual estimated cost for the Government to 
coordinate the acquisition plan or strategy with the PCR is $36,613 
(725 solicitations * .5 hour * $101).
    Finally, this rule proposes to require acquisition planners to 
document the use of on-ramps in long-term, multiple-award contracts, or 
the rationale for not including on-ramps in such contracts when small 
businesses are expected to enter the market after the award of the 
contract and the work anticipated under the contract is sufficient to 
provide meaningful opportunities for additional contract awardees. The 
cost accounts for the time it takes an acquisition planner to research 
and document the rationale behind including or not including on-ramps 
in the acquisition. Based on the discussion above, the Government 
issues an average of 1,233 solicitations for multiple-award contracts 
each year. The Government estimates that approximately 5 percent, or 
62, of those solicitations are for long-term contracts. It is estimated 
that it would take one GS-14, step 5, Government employee, on average, 
1 hour to research and document the rationale. Using the average loaded 
wage rate for a GS-14, step 5, employee, the total annual estimated 
cost for the Government to document and coordinate the reason for not 
including an on-ramp in a multiple-award contract is $6,262 (62 
solicitations * 1 hour * $101). The Government acknowledges that this 
cost could be slightly increased by those solicitations that are issued 
but cancelled prior to award, or slightly decreased when more than 3 
contracts are awarded from a single solicitation.
    ii. Orders against multiple-award contracts. First, this rule 
proposes to require contracting officers to set aside an order for 
small business if they determine that, under an applicable multiple-
award contract, there is a reasonable expectation of obtaining offers 
from two or more responsible small business contract awardees that are 
competitive in terms of fair market price, quality, capability, ability 
to comply with the delivery or performance schedule, and past 
performance. The cost accounts for the time it takes a contracting 
officer to research the specific criteria for each small business 
contract awardee under the selected contract. According to data from 
FPDS for FYs 2021 to 2023, the Government awards an average of 63,700 
task orders or delivery orders against multiple-award contracts, 
excluding FSS, that are awarded to two or more small businesses 
annually. It is estimated that it would take one GS-14, step 5, 
Government employee, on average, 1 hour to research and document the 
criteria for each small business contract awardee. Using the average 
loaded wage rate for a GS-14, step 5, employee, the total annual 
estimated cost for the Government to research and document the criteria 
for each small business contract awardee is $6,433,700 (63,700 orders * 
1 hour * $101).
    Second, when an order is not set aside, this rule proposes to 
require the contracting officer to document the reason for such a 
decision and coordinate it with the agency's cognizant small business 
specialist. The cost accounts for the time it takes a contracting 
officer to document and coordinate the reason for not setting aside an 
order. Based on the discussion above, the Government awards 
approximately 63,700 task orders or delivery orders against multiple-
award contracts, excluding FSS, awarded to two or more small businesses 
annually. Of those 63,700 task orders and delivery orders, 
approximately 14,900 of them are awarded to large businesses each year. 
It is estimated that approximately half, or 7,450 (14,900 task orders 
and delivery orders * .5), of these orders were competed amongst all 
contract awardees, although a set-aside may have been available. It is 
estimated that it will take one GS-14, step 5, Government employee, on 
average, 1.5 hours to document and coordinate the reason for not 
setting aside the order. Using the average loaded wage rate for a GS-
14, step 5, employee, the total annual estimated cost for the 
Government to document and coordinate the reason for not setting aside 
an order is $1,128,675 (7,450 orders * 1.5 hours * $101).
    This proposed rule would also require that the small business 
specialist coordinate the decision with the PCR when the order exceeds 
a dollar value threshold negotiated between SBA and the agency. While 
these thresholds have not been negotiated, the Government assumes that 
30 percent, or 2,235 (7,450 * .3), of the orders not set aside when a 
set-aside is available may need to be coordinated with the PCR. The 
cost accounts for the time it takes a small business specialist to 
coordinate and discuss the reason for not setting aside an order, when 
doing so is possible. It is estimated that it would take one GS-14, 
step 5, Government employee, on average, .5 hour to coordinate with the 
SBA PCR the reason for not setting aside the order. Using the average 
loaded wage rate for a GS-14, step 5, employee, the total annual 
estimated cost for the Government to coordinate the reason with the SBA 
PCR is $112,868 (2,235 orders * .5 hour * $101).
    Finally, when an order is to be placed against a multiple-award 
contract with only one or no small business contract awardees, this 
rule proposes to require contracting officers to document the reason 
for choosing the contract, coordinate it with the agency's cognizant 
small business specialist, and provide the specialist with a reasonable 
opportunity to respond. The cost accounts for the time it takes a 
contracting officer to research and

[[Page 3757]]

document the rationale behind choosing the contract and reach out and 
discuss the reason with the specialist. According to data from FPDS for 
FYs 2021 to 2023, the Government awards an average of 15,000 task 
orders or delivery orders against multiple-award contracts that were 
awarded to one or no small business awardees annually. It is estimated 
that it would take one GS-14, step 5, Government employee, on average, 
2.5 hours to research, document, and coordinate the rationale. Using 
the average loaded wage rate for a GS-14, step 5, employee, the total 
annual estimated cost for the Government to document and coordinate the 
reason for choosing a multiple-award contract with only one or no small 
business contract awardees is $3,787,500 (15,000 solicitations * 2.5 
hours * $101).

C. Alternatives

    Several alternatives were considered in the drafting of this 
proposed rule, including requiring set-asides for small business prior 
to selecting a contract vehicle, requiring set-asides for agencies that 
do not meet their annual small business contracting goals, and 
maintaining contracting officer discretion to set aside an order for a 
small business contract awardee. However, each of these alternatives 
misses some portion of the small business community that may be able to 
compete for such requirements and therefore, do not provide the maximum 
opportunity for small business participation under certain multiple-
award contracts.

V. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 (as amended by E.O. 14094) and 13563 
direct agencies to assess the 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 a significant regulatory 
action under section 3(f)(1) of E.O. 12866 and, therefore, was subject 
to review under Section 6(b) of E.O. 12866, Regulatory Planning and 
Review, dated September 30, 1993.

VI. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this proposed rule, if finalized, 
to have a significant economic impact on a substantial number of small 
entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 
601-612. This rule only revises the internal operating procedures of 
the Government. However, an Initial Regulatory Flexibility Analysis 
(IRFA) has been performed and is summarized as follows:

    DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to update and clarify policy on market 
research, acquisition planning, small business specialist 
coordination, and the use of set asides during the award of and 
orders placed against certain multiple-award contracts.
    The objective of this rule is to support Governmentwide efforts 
to leverage the small business growth occurring in the nation's 
supply chains that support agency missions, reverse the decline of 
small business participation in the Federal supplier base, and 
increase contracting opportunities for small business concerns. 
Promulgation of FAR regulations is authorized by 40 U.S.C. 121(c); 
10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 
10 U.S.C. 3016); and 51 U.S.C. 20113.
    This proposed rule would impact small business contract awardees 
under certain existing multiple-award contracts, as well as small 
business concerns that anticipate becoming a contract awardee under 
certain multiple-award contracts. The impacts of this rule have not 
been realized yet; therefore, there is no data with which to 
accurately reflect the number of small entities to which this rule 
would apply. Instead, this rule has the potential to benefit any 
small entity looking to do business with the Government under 
certain multiple-award contracts. According to data from the System 
for Award Management (SAM), there are approximately 384,100 small 
entities currently registered in SAM to do business with the 
Government. This proposed rule has the potential to impact any 
number of these small entities, depending on several factors, 
including the following: the primary industry of the entity, the 
Government's future needs for products and services, and the 
entity's submission of proposals and offers for multiple-award 
contracts and the orders to be placed against those contracts.
    The proposed rule would not impose any new reporting, 
recordkeeping, or other compliance requirements for small entities. 
The proposed rule does not duplicate, overlap, or conflict with any 
other Federal rules.
    There are no known significant alternative approaches to the 
proposed rule that would accomplish the stated objectives of the 
rule and further minimize any significant economic impact of this 
proposed rule on small entities, as the economic impact is not 
anticipated to be significant.

    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 proposed 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 2023-011), 
in correspondence.

VII. Paperwork Reduction Act

    This 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 1, 7, 12, 16, 19, and 52

    Government procurement.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 7, 
12, 16, 19, and 52 as set forth below:

0
1. The authority citation for 48 CFR parts 1, 7, 12, 16, 19, and 52 
continues to read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. 
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 
20113.

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.102  [Amended]

0
2. Amend section 1.102 in paragraph (c) by removing ``and procurement'' 
and adding ``procurement, and small business'' in its place.

PART 7--ACQUISITION PLANNING

0
3. Amend section 7.104 by revising paragraph (d) to read as follows:


7.104   General procedures.

* * * * *
    (d)(1) The planner shall coordinate the acquisition plan or 
strategy with the cognizant small business specialist when the strategy 
contemplates an acquisition meeting the thresholds in 7.107-4 for 
substantial bundling unless the contract or task order or delivery 
order is totally set aside for small business under part 19.
    (2) The small business specialist shall notify--
    (i) The agency Office of Small and Disadvantaged Business 
Utilization or

[[Page 3758]]

the Office of Small Business Programs if the strategy involves--
    (A) Bundling that is unnecessary or unjustified; or
    (B) Bundled or consolidated requirements not identified as such by 
the agency (see 7.107); and
    (ii) The Small Business Administration (SBA) procurement center 
representative (or if one is not assigned, see 19.402(a)), early in the 
acquisition process, if the strategy involves a multiple-award contract 
that meets the thresholds in 7.107-4 for substantial bundling, and the 
number of small business contract awardees is anticipated to be under 
30 percent of all contract awardees.
* * * * *
0
4. Amend section 7.105 by adding paragraphs (b)(1)(iii)(A) and (B) to 
read as follows:


7.105   Contents of written acquisition plans.

* * * * *
    (b) * * *
    (1) * * *
    (iii) * * *
    (A) When a multiple-award contract will not be totally or partially 
set aside for small business concerns or will not include a small 
business reserve (see 19.501(a)), the agency shall document the reason 
for this decision, including a description of the market research 
conducted. The agency shall coordinate the acquisition plan or strategy 
with the cognizant small business specialist.
    (B) When contemplating the award of a multiple-award contract that 
is a long-term contract, as defined at 19.301-2(a), discuss the use of 
on-ramps during the period of performance of the contract (i.e., 
permitting small and large business concerns to become contract holders 
during the period of performance of the contract). If small businesses 
are expected to enter the market after the award of the contract, and 
the work anticipated to be performed under the contract is sufficient 
to provide meaningful opportunities for additional contract holders, 
the plan or strategy shall explain why on-ramps will not be included in 
the contract. If on-ramps are included in the contract, agencies are 
discouraged from using off-ramps to remove a contract awardee from a 
contract that was set aside for small business concerns because of a 
change in the awardee's size status, except where the awardee's size 
status changes because of a merger or acquisition.
* * * * *

PART 12--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

0
5. Amend section 12.207 by revising paragraph (b)(1)(i)(C) to read as 
follows:


12.207  Contract type.

* * * * *
    (b)(1) * * *
    (i) * * *
    (C) The fair opportunity procedures in 16.505 (including small 
business set-asides under 16.505(b)(1)(i)(C)), if placing an order 
under a multiple-award delivery-order contract; and
* * * * *

PART 16--TYPES OF CONTRACTS

0
6. Amend section 16.505 by--
0
a. Adding paragraphs (a)(13) and (14);
0
b. In paragraph (b)(1)(i)(A), removing ``or'';
0
c. In paragraph (b)(1)(i)(B), removing the period at the end of the 
sentence and adding ``; or'' in its place;
0
d. Adding paragraph (b)(1)(i)(C);
0
e. Revising paragraph (b)(1)(ii)(A);
0
f. Removing paragraph (b)(2)(i)(F), and redesignating paragraph 
(b)(2)(i)(G) as paragraph (b)(2)(i)(F);
0
g. Revising paragraphs (b)(2)(ii) introductory text and 
(b)(2)(ii)(D)(5).
    The additions and revisions read as follows:


16.505   Ordering.

    (a) * * *
    (13)(i) When placing an order against a multiple-award contract 
that has no or only one small business contract awardee, the 
contracting officer shall document--
    (A) How the market research of small business contract awardees and 
small businesses, that are not contract holders on the multiple-award 
contract against which the order would be placed, and mission needs 
(e.g., price, schedule, technical and/or past performance of potential 
sources) informed the agency's basis for selecting the multiple-award 
contract to fulfill its needs; and
    (B) The market research the agency conducted within the past 18 
months, which may include the market research supporting the 
acquisition plan or strategy to establish a multiple-award contract or 
deciding to use another agency's multiple-award contract on a 
repetitive basis.
    (ii) Contracting officers shall provide a copy of the documentation 
(see paragraph (a)(13)(i) of this section) to the cognizant small 
business specialist, in accordance with agency procedures, and ensure 
the specialist has a reasonable opportunity to respond.
    (iii) The requirements of paragraph (a)(13) of this section do not 
apply--
    (A) To orders under the Federal Supply Schedule;
    (B) When an exception to fair opportunity applies;
    (C) When an agency exception applies; or
    (D) To repetitive orders, including orders placed using automated 
procedures, issued by an agency (i.e., when an order was issued by that 
agency under the same contract and that order was documented and 
coordinated within the prior 18 months in accordance with paragraph 
(a)(13) of this section).
    (14) Agencies may establish procedures to allow contracting 
officers to exercise exceptions to paragraph (a)(13) or (b)(1)(i)(C) of 
this section. Agencies shall coordinate their procedures for granting 
exceptions with the Office of Small and Disadvantaged Business 
Utilization, or for the Department of Defense, the Director of the 
Office of Small Business Programs, and the Small Business 
Administration and make the procedures publicly available.
* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (C) In accordance with section 1331 of Public Law 111-240 (15 
U.S.C. 644(r)), contracting officers may, at their discretion, set 
aside an order for any of the small business concerns identified in 
19.000(a)(3). When exercising this discretion, the contracting officer 
shall determine if there is a reasonable expectation of obtaining 
offers from two or more responsible small business contract awardees 
under the multiple-award contract that are competitive in terms of fair 
market price, quality, capability, ability to comply with the delivery 
or performance schedule, and past performance. If the contracting 
officer determines at least two small business contract awardees meet 
the criteria in this paragraph, the contracting officer shall set aside 
the order, unless the contracting officer determines that an exception 
applies (see paragraphs (a)(14) and (b)(2)(i) of this section).
    (1) Unless an exception applies, contracting officers shall 
document the reason for not setting aside an order and provide it to 
the cognizant small business specialist in accordance with agency 
procedures. The small business specialist shall notify the SBA 
procurement center representative (PCR) (or if one is not assigned, see 
19.402(a)) when the value of the order exceeds the dollar threshold 
negotiated between the agency and the PCR and reflected in agency 
procedures.

[[Page 3759]]

    (2) Paragraph (b)(1)(i)(C) of this section shall also apply to 
existing multiple-award contracts awarded before [EFFECTIVE DATE OF 
FINAL RULE], to the extent that setting aside an order is consistent 
with the order placement procedures of the multiple-award contract and 
there is adequate time remaining on the multiple-award contract to 
permit small business contract awardees to fully perform or deliver 
under the contract.
    (ii) * * *
    (A) Develop placement procedures that will--
    (1) Provide each awardee a fair opportunity to be considered for 
each order and that reflect the requirement and other aspects of the 
contracting environment; and
    (2) Except for FSS contracts, allow for orders to be set aside for 
small business awardees when the conditions of paragraph (b)(1)(i)(C) 
of this section are met, (unless an exception applies in accordance 
with paragraph (a)(14) or (b)(2)(i) of this section).
* * * * *
    (2) * * *
    (ii) The justification for an exception to fair opportunity shall 
be in writing as specified in paragraph (b)(2)(ii)(A) or (B) of this 
section.
* * * * *
    (D) * * *
    (5) The posting requirement of this section does not apply when 
disclosure would compromise the national security (e.g., would result 
in disclosure of classified information) or create other security 
risks.
* * * * *

PART 19--SMALL BUSINESS PROGRAMS

0
7. Amend section 19.202-1 by revising paragraph (e)(1) introductory 
text to read as follows:


19.202-1   Encouraging small business participation in acquisitions.

* * * * *
    (e)(1) Provide a copy of the proposed acquisition package and other 
reasonably obtainable information related to the acquisition to the SBA 
PCR (or, if a PCR is not assigned, see 19.402(a)) at least 30 days (or 
earlier as agreed upon by the agency and the SBA PCR) prior to the 
issuance of the solicitation if--
* * * * *
0
8. Amend section 19.504 by revising paragraphs (a) introductory text 
and (a)(1) to read as follows:


19.504   Orders under multiple-award contracts.

    (a) General. Contracting officers shall use their discretion under 
15 U.S.C. 644(r) to set aside orders under multiple-award contracts for 
any of the small business concerns identified in 19.000(a)(3) when the 
circumstances at 16.505(b)(1)(i)(C) are met, except as provided in 
8.405-5, when placing an order outside the United States and its 
outlying areas (19.000(b)(1)(ii)), or where an exception applies in 
accordance with 16.505(a)(14) or (b)(2)(i). In accordance with section 
1331 of the Small Business Jobs Act of 2010 (15 U.S.C. 644(r)(2)), 
contracting officers may, at their discretion, set aside orders under 
the Federal Supply Schedule (see subpart 8.4) for any of the small 
business concerns identified in 19.000(a)(3).
    (1) The contracting officer shall state in the solicitation and 
resulting contract that order set-asides will be mandatory when the 
conditions in 19.502-2 and 16.505(b)(1)(i)(C) are met at the time of 
order set-aside, and the specific program eligibility requirements, as 
applicable, are also then met.
* * * * *


19.505   [Amended]

0
9. Amend section 19.505 in paragraph (a)(2)(iii) by removing ``and 
16.505(b)(2)(i)(F)'' and adding ``and 16.505(b)(1)(i)(C)'' in its 
place.


19.506   [Amended]

0
10. Amend section 19.506 in paragraph (a)(2) by removing ``been used'' 
and adding ``been used (see 7.105(b)(1)(iii)(A))'' in its place.
0
11. Amend section 19.507 by revising paragraphs (c) and (e)(1) and 
paragraph (h)(1) introductory text to read as follows:


19.507  Solicitation provisions and contract clauses.

* * * * *
    (c) The contracting officer shall insert the clause at 52.219-6, 
Notice of Total Small Business Set-Aside, in solicitations and 
contracts involving total small business set-asides. This includes 
multiple-award contracts when orders will be set aside for contract 
awardees that are any of the small business concerns identified in 
19.000(a)(3), as described in 16.505(b)(1)(i)(C), and when orders may 
be set aside as described in 8.405-5. Use the clause at 52.219-6 with 
its Alternate I when including FPI in the competition in accordance 
with 19.502-7.
* * * * *
    (e) * * *
    (1) For supplies, services, and construction, if any portion of the 
requirement is to be set aside for small business and the contract 
amount is expected to exceed the simplified acquisition threshold, and 
in any solicitations and contracts that are set aside or awarded on a 
sole-source basis in accordance with subpart 19.8, 19.13, 19.14, or 
19.15, regardless of dollar value. This includes multiple-award 
contracts when orders will be set aside for small business contract 
awardees, as described in 16.505(b)(1)(i)(C), and when orders may be 
set aside as described in 8.405-5, and when orders may be issued 
directly to a small business concern as described in 19.504(c)(1)(ii). 
For contracts that are set aside, the contracting officer shall 
indicate in paragraph (f) of the clause whether compliance with the 
limitations on subcontracting is required at the contract or order 
level;
* * * * *
    (h)(1) The contracting officer shall insert the clause at 52.219-
33, Nonmanufacturer Rule, in solicitations and contracts, including 
multiple-award contracts, when orders will be set aside for small 
business contract awardees as described in 16.505(b)(1)(i)(C), and when 
orders may be set aside as described in 8.405-5, and when orders may be 
issued directly to a small business concern as described in 
19.504(c)(1)(ii), when--
* * * * *


19.1304  [Amended]

0
12. Amend section 19.1304 in paragraph (b) by removing 
``16.505(b)(2)(i)(F) for discretionary'' and adding 
``16.505(b)(1)(i)(C) for'' in its place.
0
13. Amend section 19.1309 by revising paragraph (a) to read as follows:


19.1309   Contract clauses.

    (a) The contracting officer shall insert the clause at 52.219-3, 
Notice of HUBZone Set-Aside or Sole-Source Award, in solicitations and 
contracts for acquisitions that are set aside or awarded on a sole-
source basis to, HUBZone small business concerns under 19.1305 or 
19.1306. This includes multiple-award contracts when orders will be set 
aside for contract awardees that are HUBZone small business concerns as 
described in 16.505(b)(1)(i)(C), when orders may be set aside as 
described in 8.405-5, or when orders may be issued directly to one 
HUBZone small business concern in accordance with 19.504(c)(1)(ii).
* * * * *

[[Page 3760]]

19.1404  [Amended]

0
14. Amend section 19.1404 in paragraph (b) by removing 
``16.505(b)(2)(i)(F) for discretionary'' and adding 
``16.505(b)(1)(i)(C) for'' in its place.
0
15. Amend section 19.1408 by revising paragraph (a) to read as follows:


19.1408   Contract clauses.

    (a) The contracting officer shall insert the clause at 52.219-27, 
Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled 
Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the 
SDVOSB Program, in solicitations and contracts for acquisitions that 
are set aside or awarded on a sole-source basis to, service-disabled 
veteran-owned small business concerns under 19.1405 and 19.1406. This 
includes multiple-award contracts when orders will be set aside for 
contract awardees that are service-disabled veteran-owned small 
business concerns as described in 16.505(b)(1)(i)(C), when orders may 
be set aside as described in 8.405-5, or when orders may be issued 
directly to one service-disabled veteran-owned small business 
contractor in accordance with 19.504(c)(1)(ii).
* * * * *


19.1504  [Amended]

0
16. Amend section 19.1504 in paragraph (c) by removing 
``16.505(b)(2)(i)(F) for discretionary'' and adding 
``16.505(b)(1)(i)(C) for'' in its place.
0
17. Amend section 19.1508 by revising paragraphs (a) and (b) to read as 
follows:


19.1508   Contract clauses.

    (a) The contracting officer shall insert the clause at 52.219-29, 
Notice of Set-Aside for, or Sole-Source Award to, Economically 
Disadvantaged Women-owned Small Business Concerns, in solicitations and 
contracts for acquisitions that are set aside or awarded on a sole-
source basis to, EDWOSB concerns under 19.1505(b) or 19.1506(a). This 
includes multiple-award contracts when orders will be set aside for 
contract awardees that are EDWOSB concerns as described in 
16.505(b)(1)(i)(C), when orders may be set aside as described in 8.405-
5, or when orders may be issued directly to one EDWOSB contractor in 
accordance with 19.504(c)(1)(ii).
    (b) The contracting officer shall insert the clause at 52.219-30, 
Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small 
Business Concerns Eligible Under the Women-Owned Small Business 
Program, in solicitations and contracts for acquisitions that are set 
aside or awarded on a sole-source basis to WOSB concerns under 
19.1505(c) or 19.1506(b). This includes multiple-award contracts when 
orders will be set aside for contract awardees that are WOSB concerns 
eligible under the WOSB Program as described in 16.505(b)(1)(i)(C), 
when orders may be set aside as described in 8.405-5, or when orders 
may be issued directly to one WOSB contractor in accordance with 
19.504(c)(1)(ii).
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
18. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b)(15) ``OCT 2022'' and adding ``DATE'' in 
its place;
0
c. Removing from paragraph (b)(18)(i) ``NOV 2020'' and adding ``DATE'' 
in its place;
0
d. Removing from paragraph (b)(23) ``OCT 2022'' and adding ``DATE'' in 
its place;
0
e. Removing from paragraph (b)(25) ``FEB 2024'' and adding ``DATE'' in 
its place;
0
f. Removing from paragraphs (b)(27) and (28) ``OCT 2022'' and adding 
``DATE'' in their places, respectively; and
0
g. Removing from paragraph (b)(30) ``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)

* * * * *
0
19. Amend section 52.219-3 by revising the date of the clause and 
paragraph (b)(3) to read as follows:


52.219-3  Notice of HUBZone Set-Aside or Sole-Source Award.

* * * * *

Notice of HUBZone Set-Aside or Sole-Source Award (DATE)

* * * * *
    (b) * * *
    (3) Orders set aside for contract awardees that are HUBZone small 
business concerns under multiple-award contracts as described in 8.405-
5 and 16.505(b)(1)(i)(C); and
* * * * *
0
20. Amend section 52.219-6 by revising the date of the clause and 
paragraph (b)(2) to read as follows:


52.219-6  Notice of Total Small Business Set-Aside.

* * * * *

Notice of Total Small Business Set-Aside (DATE)

* * * * *
    (b) * * *
    (2) Orders set aside for contract awardees that are small business 
concerns under multiple-award contracts as described in 8.405-5 and 
16.505(b)(1)(i)(C).
* * * * *
0
21. Amend section 52.219-14 by--
0
a. Revising the date of the clause and paragraph (c)(4)(i); and
0
b. In paragraph (c)(5)(i) removing ``16.505(b)(2)(i)(F)'' and adding 
``16.505(b)(1)(i)(C)'' in its place.
    The revisions read as follows:


52.219-14   Limitations on Subcontracting.

* * * * *

Limitations on Subcontracting (DATE)

* * * * *
    (c) * * *
    (4) * * *
    (i) Set aside for contract awardees that are small business 
concerns under multiple-award contracts, as described in 8.405-5 and 
16.505(b)(1)(i)(C); or
* * * * *
0
22. Amend section 52.219-27 by revising the date of clause and 
paragraph (b)(3) to read as follows:


52.219-27  Notice of Set-Aside for, or Sole-Source Award to, Service-
Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under 
the SDVOSB Program.

* * * * *

Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled 
Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the 
SDVOSB Program (DATE)

* * * * *
    (b) * * *
    (3) Orders set aside for contract awardees that are SDVOSB concerns 
eligible under the SDVOSB Program, under multiple-award contracts as 
described in 8.405-5 and 16.505(b)(1)(i)(C); and
* * * * *
0
23. Amend section 52.219-29 by revising the date of clause and 
paragraph (b)(3) to read as follows:


52.219-29   Notice of Set-Aside for, or Sole-Source Award to, 
Economically Disadvantaged Women-Owned Small Business Concerns.

* * * * *

[[Page 3761]]

Notice of Set-Aside for, or Sole-Source Award to, Economically 
Disadvantaged Women-Owned Small Business Concerns (DATE)

* * * * *
    (b) * * *
    (3) Orders set aside for contract awardees that are EDWOSB concerns 
under multiple-award contracts as described in 8.405-5 and 
16.505(b)(1)(i)(C); and
* * * * *
0
24. Amend section 52.219-30 by revising the date of clause and 
paragraph (b)(3) to read as follows:


52.219-30   Notice of Set-Aside for, or Sole-Source Award to, Women-
Owned Small Business Concerns Eligible Under the Women-Owned Small 
Business Program.

* * * * *

Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small 
Business Concerns Eligible Under the Women-Owned Small Business Program 
(DATE)

* * * * *
    (b) * * *
    (3) Orders set aside for contract awardees that are WOSB concerns 
eligible under the WOSB Program, under multiple-award contracts as 
described in 8.405-5 and 16.505(b)(1)(i)(C); and
* * * * *
0
25. Amend section 52.219-33 by--
0
a. Revising the date of the clause and paragraph (b)(2)(iii)(A); and
0
b. In paragraph (b)(2)(iv)(A) removing ``16.505(b)(2)(i)(F)'' and 
adding ``16.505(b)(1)(i)(C)'' in its place.
    The revisions read as follows:


52.219-33   Nonmanufacturer Rule.

* * * * *

Nonmanufacturer Rule (DATE)

* * * * *
    (b) * * *
    (2) * * *
    (iii) * * *
    (A) Set aside for contract awardees that are small business 
concerns under multiple-award contracts, as described in 8.405-5 and 
16.505(b)(1)(i)(C); or
* * * * *
[FR Doc. 2025-00615 Filed 1-14-25; 8:45 am]
BILLING CODE 6820-EP-P`