41302 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Ch. 1 

Semiannual Regulatory Agenda 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This agenda provides 

summary descriptions of regulations 

being developed by the Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council in 

compliance with Executive Order 12866 

‘‘Regulatory Planning and Review.’’ 

This agenda is being published to allow 

interested persons an opportunity to 

participate in the rulemaking process. 

The Regulatory Secretariat Division has 

attempted to list all regulations pending 

at the time of publication, except for 

minor and routine or repetitive actions; 

however, unanticipated requirements 

may result in the issuance of regulations 

that are not included in this agenda. 

There is no legal significance to the 

omission of an item from this listing. 

Also, the dates shown for the steps of 

each action are estimated and are not 

commitments to act on or by the dates 

shown. 

Published proposed rules may be 

reviewed in their entirety at the 

Government’s rulemaking website at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Lois 

Mandell, Division Director, Regulatory 

Secretariat Division, 1800 F Street NW, 

2nd Floor, Washington, DC 20405–0001, 

202–501–4755. 

SUPPLEMENTARY INFORMATION: DoD, GSA, 

and NASA, under their several statutory 

authorities, jointly issue and maintain 

the FAR through periodic issuance of 

changes published in the Federal 

Register and produced electronically as 

Federal Acquisition Circulars (FACs). 

The electronic version of the FAR, 

including changes, can be accessed on 

the FAR website at http://

www.acquisition.gov/far. 

Dated: March 12, 2021. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

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

Sequence No. Title Regulation 

Identifier No. 

240 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–013, Breaches of Personally Identifiable Information.9000–AN44 

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

242 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–006; Definition of Subcontract ............................... 9000–AN66 

243 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–012, Rights to Federally Funded Inventions and 

Licensing of Government-Owned Inventions.

9000–AN71 

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

Contracts From Certain Laws and Regulations.

9000–AN72 

245 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–014, Increasing Task-Order Level Competition ..... 9000–AN73 

246 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–007, Update of Historically Underutilized Business 

Zone Program.

9000–AN90 

247 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–008, Small Business Program Amendments ......... 9000–AN91 

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

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

Certain Orders Under Task and Delivery Order Contracts.

9000–AO08 

250 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–007, Accelerated Payments Applicable to Contracts With Certain Small Business Concerns.9000–AO10 

251 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–008, Prohibition on Criminal History Inquiries by 

Contractors Prior to Conditional Offer.

9000–AO11 

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

Technology Transfer Programs.

9000–AO12 

253 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–013, Certification of Women-Owned Small Businesses.9000–AO17 

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

Status.

9000–AO18 

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

256 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–008, Amendments to the FAR Buy American Act 

Requirements.

9000–AO22 

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

258 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–006, Prohibition on Requiring Disclosure of Political Contributions.9000–AO24 

259 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–007, Maximum Award Price for Certain Sole 

Source Manufacturing Contracts.

9000–AO25 

DOD/GSA/NASA (FAR)—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

260 .................... Federal Acquisition Regulation: FAR Case 2016–005; Effective Communication Between Government and 

Industry.

9000–AN29 

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


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

Sequence No. Title Regulation 

Identifier No. 

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

263 .................... Federal Acquisition Regulation; FAR Case 2016–002, Applicability of Small Business Regulations Outside 

the United States.

9000–AN34 

264 .................... Federal Acquisition Regulation (FAR); FAR Case 2016–011, Revision of Limitations on Subcontracting .... 9000–AN35 

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

Feedback.

9000–AN43 

266 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–011, Section 508-Based Standards in Information 

and Communication Technology.

9000–AN46 

267 .................... Federal Regulation Acquisition (FAR); FAR Case 2017–019, Policy on Joint Ventures ................................ 9000–AN59 

268 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–020, Construction Contract Administration ............ 9000–AN78 

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

and Video Surveillance Services or Equipment.

9000–AN83 

270 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–001, Analysis for Equipment Acquisitions ............. 9000–AN84 

271 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–003, Substantial Bundling and Consolidation ........ 9000–AN86 

272 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–004, Good Faith in Small Business Subcontracting.9000–AN87 

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

Using Certain Telecommunications and Video Surveillance Services or Equipment.

9000–AN92 

274 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–004, Application of the MPT to Certain Task and 

Delivery Orders.

9000–AO04 

275 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–011, Implementation of FASC Exclusion Orders ... 9000–AO13 

276 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–012, Scope of Review by Procurement Center 

Representatives.

9000–AO16 

277 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–003, Update to Certain Online References in the 

FAR.

9000–AO21 

DOD/GSA/NASA (FAR)—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

278 .................... Federal Acquisition Regulation (FAR); FAR Case 2011–001; Organizational Conflicts of Interest and Unequal Access to Information.9000–AL82 

279 .................... Federal Acquisition Regulation (FAR); FAR Case 2012–001; Performance of Inherently Governmental 

Functions and Critical Functions.

9000–AM41 

280 .................... Federal Acquisition Regulation (FAR); FAR Case 2013–022; Extension of Limitations on Contractor Employee Personal Conflicts of Interest.9000–AM69 

281 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–023; Federal Supply Schedule Order Level Material.9000–AM95 

282 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–003; Individual Sureties ......................................... 9000–AN39 

283 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–037, Definition of ‘‘Information Technology’’ .......... 9000–AN48 

284 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–018, Violation of Arms Control Treaties or Agreements With the United States.9000–AN57 

285 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–002, Protecting Life in Global Health Assistance .. 9000–AN62 

286 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–016, Lowest Price Technically Acceptable Source 

Selection Process.

9000–AN75 

287 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–021, Reserve Officer Training Corps and Military 

Recruiting on Campus.

9000–AN79 

288 .................... Federal Acquisition Regulation (FAR); FAR Case 2018–023, Taxes-Foreign Contracts in Afghanistan ....... 9000–AN81 

289 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–002, Recreational Services on Federal Lands ...... 9000–AN85 

290 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–010, Efficient Federal Operations .......................... 9000–AN94 

291 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–016, Maximizing Use of American-Made Goods, 

Products and Materials.

9000–AN99 

292 .................... Federal Acquisition Regulation (FAR); FAR Case 2020–006, Documentation of Market Research .............. 9000–AO09 

293 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–002, Increased Efficiencies With Regard to InPerson Business, Mail, and Signatures.9000–AO20 


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41304 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Proposed Rule Stage 

240. Federal Acquisition Regulation 

(FAR); FAR Case 2017–013, Breaches of 

Personally Identifiable Information 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to create 

and implement appropriate contract 

clauses and regulatory coverage to 

address contractor requirements for a 

breach response consistent with the 

requirements. This FAR change will 

implement the requirements outlined in 

the Office of Management and Budget 

(OMB) Memorandum, M–17–12, 

‘‘Preparing for and Responding to a 

Breach of Personally Identifiable 

Information,’’ section V part B. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

NPRM Comment 

Period End.

07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202–550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN44 

241. Federal Acquisition Regulation 

(FAR); Far Case 2017–016, Controlled 

Unclassified Information (CUI) 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement the National Archives and 

Records Administration (NARA) 

Controlled Unclassified Information 

(CUI) program of Executive Order 13556 

of November 4, 2010. As the executive 

agent designated to oversee the 

Governmentwide CUI program, NARA 

issued implementing regulations in late 

2016 designed to address Federal 

agency policies for designating, 

safeguarding, disseminating, marking, 

decontrolling, and disposing of CUI. 

The NARA rule, which is codified at 32 

CFR 2002, affects contractors that 

handle, possess, use, share, or receive 

CUI. This FAR rule helps to ensure 

uniform implementation of the 

requirements of the CUI program in 

contracts across Government agencies. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/21 

NPRM Comment 

Period End.

01/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202–550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN56 

242. Federal Acquisition Regulation 

(FAR); Far Case 2018–006; Definition of 

Subcontract 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 820 of the National 

Defense Authorization Act (NDAA) for 

FY 2018. Section 820 amends 41 U.S.C. 

1906(c)(1) to change the definition of 

‘‘subcontract’’ for the procurement of 

commercial items to exclude agreements 

entered into by a contractor for the 

supply of commodities that are intended 

for use in the performance of multiple 

contracts with the Federal Government 

and other parties and are not 

identifiable to any particular contract. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/21 

NPRM Comment 

Period End.

12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

michaelo.jackson@gsa.gov. 

RIN: 9000–AN66 

243. Federal Acquisition Regulation 

(FAR); Far Case 2018–012, Rights to 

Federally Funded Inventions and 

Licensing of Government–Owned 

Inventions 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the FAR to 

implement the changes to 37 CFR parts 

401 and 404, ‘‘Rights to Federally 

Funded Inventions and Licensing of 

Government-Owned Inventions,’’ dated 

May 14, 2018. The changes reduce 

regulatory burdens on the public, but 

increase burdens on the Government, 

provide greater clarity to large 

businesses by codifying the 

applicability of Bayh-Dole as directed in 

Executive Order 12591, and provide 

greater clarity to all Federal funding 

recipients by updating regulatory 

provisions to align with provisions of 

the Leahy-Smith America Invents Act in 

terms of definitions and timeframes. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/21 

NPRM Comment 

Period End.

10/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

michaelo.jackson@gsa.gov. 

RIN: 9000–AN71 

244. Federal Acquisition Regulation 

(FAR); Far Case 2018–013, Exemption 

of Commercial and Cots Item Contracts 

From Certain Laws and Regulations 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 839 of the John S. 

McCain National Defense Authorization 

Act for fiscal year 2019. Paragraph (a) 

requires the FAR Council to review each 

past determination made not to exempt 

contracts and subcontracts for 

commercial products, commercial 

services, and commercially available 

off-the-shelf (COTS) items from certain 

laws when these contracts would 

otherwise have been exempt under 41 

U.S.C. 1906(d) or 41 U.S.C. 1907(b). The 

FAR Council or the Administrator for 

Federal Procurement Policy has to 

determine whether there still exists 

specific reason not to provide 

exemptions from certain laws. If no 

determination is made to continue to 

exempt commercial contracts and 

subcontracts from certain laws, 

paragraph (a) requires that revisions to 

the FAR be proposed to reflect 

exemptions from those laws. 

Paragraph (b) requires the FAR 

Council to review the FAR to assess 

every regulation that requires a specific 

clause in contracts for commercial 

products or commercial services, unless 

the regulation is required by law or 

Executive Order. Paragraph (b) also 

requires that revisions to the FAR be 

proposed to eliminate those regulations 


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unless the FAR Council makes a 

determination not to eliminate a 

regulation. 

Paragraph (c) requires the FAR 

Council to review the FAR to assess 

every regulation that requires a prime 

contractor to include a specific clause in 

subcontracts for commercially available 

off-the-shelf items, unless the clause is 

required by law or Executive Order. 

Paragraph (c) also requires that revisions 

to the FAR be proposed to eliminate 

those regulations unless the FAR 

Council makes a determination not to 

eliminate a regulation. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/21 

NPRM Comment 

Period End.

12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

mahruba.uddowla@gsa.gov. 

RIN: 9000–AN72 

245. Federal Acquisition Regulation 

(FAR); Far Case 2018–014, Increasing 

Task–Order Level Competition 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 876 of the John S. 

McCain National Defense Authorization 

Act for fiscal year 2019, which would 

provide civilian agencies with an 

exception to the existing statutory 

requirement to include price to the 

Federal Government as an evaluation 

factor that must be considered in the 

evaluation of proposals for all contracts. 

The exception would only apply to IDIQ 

contracts and to Federal Supply 

Schedule contracts for services that are 

priced at an hourly rate. Furthermore, 

the exception would only apply in those 

instances where the Government 

intends to make a contract award to all 

qualifying offerors, thus affording 

maximum opportunity for effective 

competition at the task order level. An 

offeror would be qualified only if it is 

a responsible source and submits a 

proposal that conforms to the 

requirements of the solicitation, meets 

any technical requirements, and is 

otherwise eligible for award. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/21 

Action Date FR Cite 

NPRM Comment 

Period End.

02/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202–501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN73 

246. Federal Acquisition Regulation 

(FAR); FAR Case 2019–007, Update of 

Historically Underutilized Business 

Zone Program 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement regulatory changes issued in 

a final rule on November 26, 2019 by 

the Small Business Administration 

regarding the Historically Underutilized 

Business Zone (HUBZone) Program. The 

regulatory changes are intended to 

reduce the regulatory burden associated 

with the HUBZone Program. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

NPRM Comment 

Period End.

07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2815, Email: 

malissa.jones@gsa.gov. 

RIN: 9000–AN90 

247. Federal Acquisition Regulation 

(FAR); FAR Case 2019–008, Small 

Business Program Amendments 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement regulatory changes proposed 

by the Small Business Administration 

regarding small business programs. The 

proposed regulatory changes include the 

timing of the determination of size 

status for multiple-award contracts for 

which price is not evaluated at the 

contract level; the grounds for sizestatus protests; and the grounds for 

socioeconomic status protests. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/21 

NPRM Comment 

Period End.

09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2815, Email: 

malissa.jones@gsa.gov. 

RIN: 9000–AN91 

248. Federal Acquisition Regulation 

(FAR); FAR Case 2019–015, Improving 

Consistency Between Procurement & 

Non-Procurement Procedures on 

Suspension and Debarment 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to bring 

the FAR and the Non-procurement 

Common Rule (NCR) procedures on 

suspension and debarment into closer 

alignment. The FAR covers procurement 

matters and the NCR covers other 

transactions, such as grants, cooperative 

agreements, contracts of assistance, 

loans and loan guarantees. 

The Government uses suspension and 

debarment procedures to exercise 

business judgment. These procedures 

give Federal officials a discretionary 

means to exclude parties from 

participation in certain transactions, 

while affording those parties due 

process. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/21 

NPRM Comment 

Period End.

09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN98 

249. Federal Acquisition Regulation 

(FAR); FAR Case 2020–005, 

Explanations to Unsuccessful Offerors 

on Certain Orders Under Task and 

Delivery Order Contracts 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 874 of the NDAA for 

FY 2020, which requires, when 


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41306 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

awarding a task or delivery order in an 

amount greater than the simplified 

acquisition threshold, but not greater 

than $5.5 million, contracting officers, 

upon written request from an 

unsuccessful offeror, to provide a brief 

explanation as to why the offeror was 

unsuccessful, including the rationale for 

award and an evaluation of the 

significant weak or deficient factors in 

the offeror’s offer. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/21 

NPRM Comment 

Period End.

10/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

michaelo.jackson@gsa.gov. 

RIN: 9000–AO08 

250. Federal Acquisition Regulation 

(FAR); FAR Case 2020–007, Accelerated 

Payments Applicable to Contracts With 

Certain Small Business Concerns 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

establish an accelerated payment date 

for small business contractors, to the 

fullest extent permitted by law, with a 

goal of 15 days after receipt of a proper 

invoice, if a specific payment date is not 

established by contract. For contractors 

that subcontract with small businesses, 

the proposed rule, to the fullest extent 

permitted by law, establishes an 

accelerated payment date, with a goal of 

15 days after receipt of a proper invoice, 

if: (1) A specific payment date is not 

established by contract, and (2) the 

contractor agrees to make accelerated 

payments to the subcontractor without 

any further consideration from, or fees 

charged to, the subcontractor. This 

change implements section 873 of the 

National Defense Authorization Act for 

Fiscal Year 2020 (Pub. L. 116–92). 

Section 873 amends 31 U.S.C. 3903(a). 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/21 

NPRM Comment 

Period End.

08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

zenaida.delgado@gsa.gov. 

RIN: 9000–AO10 

251. Federal Acquisition Regulation 

(FAR); FAR Case 2020–008, Prohibition 

on Criminal History Inquiries by 

Contractors Prior to Conditional Offer 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 1123 of the NDAA 

for FY 2020 (Pub. L. 116–92), which 

added at 41 U.S.C. 4714 and 10 U.S.C. 

2339 prohibitions related to criminal 

history inquiries on individuals 

competing for or applying to work on 

Federal contracts. Per the statute, a 

contractor may not request criminal 

history record information on an 

applicant for a position related to work 

under a contract before the contractor 

has extended a conditional offer to the 

applicant for that position. In addition, 

the Federal Government may not 

request criminal history record 

information on an individual or sole 

proprietor who is competing on a 

Federal Government contract, unless 

that individual is the apparently 

successful offeror. This proposed rule 

implements the statutory prohibition 

and the associated procedures and 

exceptions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/21 

NPRM Comment 

Period End.

09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Hawes, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

jennifer.hawes@gsa.gov. 

RIN: 9000–AO11 

252. Federal Acquisition Regulation 

(FAR); FAR Case 2020–010, Small 

Business Innovation Research and 

Technology Transfer Programs 

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

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

Abstract: DoD, GSA and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement changes to the U.S. Small 

Business Administration (SBA) Small 

Business Innovation Research (SBIR) 

and Small Business Technology 

Transfer (STTR) Policy Directive issued 

(May 2, 2019). The proposed changes 

include updating FAR 27 to add 

reference to the STTR program, revise: 

definitions, allocation of rights, 

protection period, SBIR/STTR rights 

notice, data rights marking provisions, 

and add language to FAR 6.302–5(b) to 

acknowledge the unique competition 

requirements for SBIR/STTR Phase III 

contracts permitted by the Small 

Business Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/21 

NPRM Comment 

Period End.

11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

mahruba.uddowla@gsa.gov. 

RIN: 9000–AO12 

253. Federal Acquisition Regulation 

(FAR); FAR Case 2020–013, 

Certification of Women-Owned Small 

Businesses 

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

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

Abstract: The purpose of this FAR 

case is to implement the statutory 

requirement for certification of womenowned and economically disadvantaged 

women-owned small businesses 

participating in the Women-Owned 

Small Business Program (section 825 of 

the National Defense Authorization Act 

for Fiscal Year 2015), as implemented 

by the Small Business Administration in 

its final rule published May 11, 2020. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/21 

NPRM Comment 

Period End.

08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703–605–2815, Email: 

malissa.jones@gsa.gov. 

RIN: 9000–AO17 

254. • Federal Acquisition Regulation 

(FAR); FAR Case 2020–016, 

Rerepresentation of Size and 

Socioeconomic Status 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the FAR to 

implement statutory requirements as 


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implemented by the Small Business 

Administration’s final rule published 

October 16, 2020 (85 FR 66146), 

requiring contractors to rerepresent its 

size and economic status for all setaside orders placed against full and 

open multiple award contracts, except 

those set-aside orders placed under FAR 

8.4. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/21 

NPRM Comment 

Period End.

02/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana Bowman, 

Procurement Analyst, DoD/GSA/NASA 

(FAR), DOD/GSA/NASA (FAR), 1800 F 

Street NW, Washington, DC 20405, 

Phone: 202 803–3188, Email: 

dana.bowman@gsa.gov. 

RIN: 9000–AO18 

255. • Federal Acquisition Regulation 

(FAR); FAR Case 2021–001, Increased 

Efficiencies With Regard to Certified 

Mail, In-Person Business, Mail, 

Notarization, Original Documents, 

Seals, and Signatures 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation to increase 

flexibilities and efficiencies regarding 

certified mail, in-person business, mail, 

notarization, original documents, seals, 

and signatures using digital and virtual 

technology. This would streamline 

certain essential contracting procedures. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/21 

NPRM Comment 

Period End.

12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 –969–7207, 

Email: zenaida.delgado@gsa.gov. 

RIN: 9000–AO19 

256. • Federal Acquisition Regulation 

(FAR); FAR Case 2021–008, 

Amendments to the FAR Buy American 

Act Requirements 

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

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

Abstract: DoD, GSA, and NASA are 

considering amending the Federal 

Acquisition Regulation (FAR) to 

implement section 8 of Executive Order 

14005, Ensuring the Future Is Made in 

All of America by All of America’s 

Workers. Section 8 requires the Federal 

Acquisition Regulatory Council to 

consider amending the FAR to (1) 

replace the component test used to 

identify domestic end products and 

domestic construction materials with a 

test under which domestic content is 

measured by the value that is added to 

the product through U.S.-based 

production or U.S. job-supporting 

economic activity, (2) increase the 

threshold for the domestic content 

requirement, and (3) increase the price 

preferences for domestic end products 

and domestic construction materials. 

DoD, GSA, and NASA are seeking 

information that will assist in drafting a 

proposed rule that will meet the 

objectives of section 8. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/21 

NPRM Comment 

Period End.

09/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

mahruba.uddowla@gsa.gov. 

RIN: 9000–AO22 

257. • FAR Acquisition Regulation 

(FAR); FAR Case 2021–005; Disclosure 

of Beneficial Owner in Federal 

Contracting 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement sections 885 and 6403 of the 

William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal 

Year 2021. Section 885 requires that the 

Federal Awardee Performance and 

Integrity Information System include 

identifying information on the 

beneficial owner of a Federal contractor 

that is a corporation. Paragraph (c) of 

section 6403 directs the FAR to be 

changed to require certain offerors to 

disclose beneficial ownership 

information in their offers for contracts 

over the simplified acquisition 

threshold. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/21 

NPRM Comment 

Period End.

02/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

mahruba.uddowla@gsa.gov. 

RIN: 9000–AO23 

258. • Federal Acquisition Regulation 

(FAR); FAR Case 2021–006, Prohibition 

on Requiring Disclosure of Political 

Contributions 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 735 of Division E of 

title VII of the Consolidated 

Appropriations Act, 2021 (Pub. L. 116– 

260) and similar sections in prior 

appropriations acts, which prohibit the 

Government from recommending or 

requiring an offeror on a Federal 

contract to disclose as a condition of its 

offer any payments the offeror has made 

to a candidate for election for Federal 

office or to a political committee. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/21 

NPRM Comment 

Period End.

02/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Hawes, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

jennifer.hawes@gsa.gov. 

RIN: 9000–AO24 

259. • Federal Acquisition Regulation 

(FAR); FAR Case 2021–007, Maximum 

Award Price for Certain Sole Source 

Manufacturing Contracts 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 864 of the William 

M. (Mac) Thornberry National Defense 

Authorization Act for Fiscal Year 2021. 

Section 864 amends the Small Business 

Act by modifying the maximum award 

price for sole source manufacturing 

contracts to $7 million for the 8(a), 

Women-Owned Small Business 

(WOSB), Historically Underutilized 

Business Zone (HUBZone), and ServiceDisabled Veteran-Owned Small 

Business (SDVOSB) programs. This rule 

will change the current FAR thresholds 

for the 8(a) and HUBZone programs 


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from $7.5 million to the statutory 

threshold of $7 million. The thresholds 

for the WOSB and SDVOSB programs 

will remain unchanged at the current 

FAR $7 million threshold. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/21 

NPRM Comment 

Period End.

11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

michaelo.jackson@gsa.gov. 

RIN: 9000–AO25 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Final Rule Stage 

260. Federal Acquisition Regulation: 

FAR Case 2016–005; Effective 

Communication Between Government 

and Industry 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

implement section 887 of the NDAA for 

FY 2016 (Pub. L. 114–92). This law 

provides that Government acquisition 

personnel are permitted and encouraged 

to engage in responsible and 

constructive exchanges with industry. 

This change will permit and encourage 

Government acquisition personnel to 

engage in responsible and constructive 

exchanges with industry as part of 

market research as long as those 

exchanges are consistent with existing 

laws and regulations and promote a fair 

competitive environment. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/29/16 81 FR 85914 

NPRM Comment 

Period End.

03/02/17 

Final Rule ............ 08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

michaelo.jackson@gsa.gov. 

RIN: 9000–AN29 

261. Federal Acquisition Regulation 

(FAR); FAR Case 2015–038, Reverse 

Auction Guidance 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement policies addressing the 

effective use of reverse auctions. 

Reverse auctions involve offerors 

lowering their pricing over multiple 

rounds of bidding in order to win 

Federal contracts. This change 

incorporates guidance from the Office of 

Federal Procurement Policy (OFPP) 

memorandum, ‘‘Effective Use of Reverse 

Auctions,’’ which was issued in 

response to recommendations from the 

GAO report, Reverse Auctions: 

Guidance is Needed to Maximize 

Competition and Achieve Cost Savings 

(GAO–14–108). Reverse auctions are 

one tool used by Federal agencies to 

increase competition and reduce the 

cost of certain items. Reverse auctions 

differ from traditional auctions in that 

sellers compete against one another to 

provide the lowest price or highestvalue offer to a buyer. This change to 

the FAR will include guidance that will 

standardize agencies’ use of reverse 

auctions to help agencies maximize 

competition and savings when using 

reverse auctions. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

02/05/21 

Final Rule ............ 09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN31 

262. Federal Acquisition Regulation 

(FAR); FAR Case 2017–005, 

Whistleblower Protection for 

Contractor Employees 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement 41 U.S.C. 4712, 

‘‘Enhancement of Contractor Protection 

From Reprisal for Disclosure of Certain 

Information,’’ and makes the pilot 

program permanent. The pilot was 

enacted on January 2, 2013, by section 

828 of the National Defense 

Authorization Act (NDAA) for fiscal 

year (FY) 2013. The rule clarifies that 

contractors and subcontractors are 

prohibited from discharging, demoting, 

or otherwise discriminating against an 

employee as a reprisal for disclosing to 

any of the entities such as agency 

Inspector Generals and Congress 

information that the employee 

reasonably believes is evidence of gross 

mismanagement of a Federal contract; a 

gross waste of Federal funds; an abuse 

of authority relating to a Federal 

contract; a substantial and specific 

danger to public health or safety; or a 

violation of law, rule, or regulation 

related to a Federal contract (including 

the competition for or negotiation of a 

contract.) This rule enhances 

whistleblower protections for contractor 

employees by making permanent the 

protection for disclosure of the 

aforementioned information, and 

ensuring that the prohibition on 

reimbursement for legal fees accrued in 

defense against reprisal claims applies 

to both contractors and subcontractors. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/26/18 83 FR 66223 

NPRM Comment 

Period End.

02/25/19 

Final Rule ............ 08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN32 

263. Federal Acquisition Regulation; 

FAR Case 2016–002, Applicability of 

Small Business Regulations Outside the 

United States 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to support 

SBA’s policy of including overseas 

contracts in agency small business 

contracting goals. SBA revised its 

regulation at 13 CFR 125.2, as finalized 

in its rule ‘‘Acquisition Process: Task 

and Delivery Order Contracts, Bundling, 

Consolidation’’ issued on October 2, 

2013, to clarify that overseas contracting 

is not excluded from agency 

responsibilities to foster small business 

participation. 

In its final rule, SBA has clarified 

that, as a general matter, its small 

business contracting regulations apply 


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regardless of the place of performance. 

In light of these changes, there is a need 

to amend the FAR, both to support the 

changes to SBA’s regulation, and to give 

agencies the tools they need, especially 

the ability to use set-asides to maximize 

opportunities for small businesses 

overseas. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/12/19 84 FR 39793 

NPRM Comment 

Period End.

10/11/19 

Final Rule ............ 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

mahruba.uddowla@gsa.gov. 

RIN: 9000–AN34 

264. Federal Acquisition Regulation 

(FAR); FAR Case 2016–011, Revision of 

Limitations on Subcontracting 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to revise 

and standardize the limitations on 

subcontracting, including the 

nonmanufacturer rule, that apply to 

small business concerns under FAR part 

19 procurements. This rule incorporates 

the Small Business Administration’s 

(SBA) final rule that implemented the 

statutory requirements of section 1651 

of the National Defense Authorization 

Act (NDAA) for fiscal year 2013. This 

action is necessary to meet the 

Congressional intent of clarifying the 

limitations on subcontracting with 

which small businesses must comply, as 

well as the ways in which they can 

comply. The rule will benefit both small 

businesses and Federal agencies. The 

rule will allow small businesses to take 

advantage of subcontracts with similarly 

situated entities. As a result, these small 

businesses will be able to compete for 

larger contracts, which would positively 

affect their potential for growth as well 

as that of their potential subcontractors. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/04/18 83 FR 62540 

NPRM Comment 

Period End.

02/04/19 

Final Rule ............ 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

mahruba.uddowla@gsa.gov. 

RIN: 9000–AN35 

265. Federal Acquisition Regulation 

(FAR); FAR Case 2017–014, Use of 

Acquisition 360 to Encourage Vendor 

Feedback 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to address 

the solicitation of contractor feedback 

on both contract formation and contract 

administration activities. Agencies 

would consider this feedback, as 

appropriate, to improve the efficiency 

and effectiveness of their acquisition 

activities. The rule will create FAR 

policy to encourage regular feedback in 

accordance with agency practice (both 

for contract formation and 

administration activities) and a standard 

FAR solicitation provision to support a 

sustainable model for broadened use of 

the Acquisition 360 survey to elicit 

feedback on the pre-award and 

debriefing processes in a consistent and 

standardized manner. Agencies will be 

able to use the solicitation provision to 

notify interested sources that a 

procurement is part of the Acquisition 

360 survey and encourage stakeholders 

to voluntarily provide feedback on their 

experiences of the pre-award process. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 07/23/18 83 FR 34820 

ANPRM Comment 

Period End.

09/21/18 

NPRM .................. 09/15/20 85 FR 57177 

NPRM Comment 

Period End.

11/16/20 

Final Rule ............ 08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN43 

266. Federal Acquisition Regulation 

(FAR); FAR Case 2017–011, Section 

508-Based Standards in Information 

and Communication Technology 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

incorporate recent revisions and 

updates to accessibility standards issued 

by the U.S. Access Board pursuant to 

section 508 of the Rehabilitation Act of 

1973. This FAR change incorporates the 

U.S. Access Board’s final rule, 

‘‘Information and Communication 

Technology (ICT) Standards and 

Guidelines,’’ which published on 

January 18, 2017. This rule updates the 

FAR to ensure that the updated 

accessibility standards are appropriately 

considered in Federal ICT acquisitions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/31/20 85 FR 17831 

Correction ............ 04/16/20 85 FR 21139 

NPRM Comment 

Period End.

06/01/20 

Final Rule ............ 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN46 

267. Federal Regulation Acquisition 

(FAR); FAR Case 2017–019, Policy on 

Joint Ventures 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement regulatory changes made by 

the Small Business Administration 

(SBA), Small Business Mentor Prote ́ge ́

Programs, published on July 25, 2016 

(81 FR 48557), regarding joint ventures 

and to clarify policy on 8(a) joint 

ventures. The regulatory changes 

provide industry with a new way to 

compete for small business or 

socioeconomic set-asides using a joint 

venture made up of a mentor and a 

prote ́ge ́. The 8(a) joint venture 

clarification prevents confusion on an 

8(a) joint venture’s eligibility to compete 

for an 8(a) competitive procurement. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/05/20 85 FR 34561 

NPRM Comment 

Period End.

08/04/20 

Final Rule ............ 09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2815, Email: 

malissa.jones@gsa.gov. 


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RIN: 9000–AN59 

268. Federal Acquisition Regulation 

(FAR); FAR Case 2018–020, 

Construction Contract Administration 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 855 of the NDAA for 

FY 2019 (Pub. L. 115–232). Section 855 

requires, for solicitations for 

construction contracts anticipated to be 

awarded to a small business, 

notification to prospective offerors 

regarding agency policies or practices in 

complying with FAR requirements 

relating to the timely definitization of 

requests for equitable adjustment and 

agency past performance in definitizing 

such requests. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/01/20 85 FR 18181 

NPRM Comment 

Period End.

06/01/20 

Final Rule ............ 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana L. Bowman, 

Procurement Analyst, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 803– 

3188, Email: dana.bowman@gsa.gov. 

RIN: 9000–AN78 

269. Federal Acquisition Regulation 

(FAR); FAR Case 2018–017, Prohibition 

on Certain Telecommunications and 

Video Surveillance Services or 

Equipment 

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

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

Abstract: DoD, GSA, and NASA 

amended the Federal Acquisition 

Regulation (FAR) to implement section 

889 (a)(1)(A) of the National Defense 

Authorization Act (NDAA) for FY 19 

(Pub. L. 115–232). Section 889(a)(1)(A) 

prohibits the Government from 

procuring covered telecommunications 

equipment and services from Huawei 

Technologies Company, ZTE 

Corporation, Hytera Communications 

Corporation, Hangzhou Technology 

Company, or Dahua Technology 

Company, to include any subsidiaries or 

affiliates. Provisions have been added to 

the FAR which require that an offeror 

represent at an entity level in SAM, and 

if applicable on an offer-by-offer basis, 

if the offeror will or will not provide 

any covered telecommunications 

equipment or services to the 

Government. If an offeror responds in an 

offer that it will provide covered 

telecommunications, the offeror will 

need to provide additional disclosures. 

This FAR rule is needed to protect U.S. 

networks against cyber activities 

conducted through Chinese 

Government-supported 

telecommunications equipment and 

services. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 08/13/19 84 FR 40216 

Interim Final Rule 

Comment Period End.

10/15/19 

Interim Final Rule 12/13/19 84 FR 68314 

Interim Final Rule 

Effective.

12/13/19 

Interim Final Rule 

Comment Period End.

02/11/20 

Final Rule ............ 08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN83 

270. Federal Acquisition Regulation 

(FAR); FAR Case 2019–001, Analysis 

for Equipment Acquisitions 

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

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

Abstract: DoD, GSA, and NASA are 

amending the FAR by implementing 

section 555 of the Federal Aviation 

Administration (FAA) Reauthorization 

Act for FY 2018 (Pub. L. 115–254), 

which requires equipment to be 

acquired using the method of 

acquisition most advantageous to the 

Government based on a case-by-case 

analysis of costs and other factors. 

Section 555 requires the methods of 

acquisition to be compared in the 

analysis to include, at a minimum: (1) 

Purchase; (2) long-term lease or rental; 

(3) short-term lease or rental; (4) 

interagency acquisition; or, (5) 

acquisition agreements with a State or 

local government. Section 555 exempts 

certain acquisitions from this required 

analysis. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/24/20 85 FR 52081 

NPRM Comment 

Period End.

10/23/20 

Final Rule ............ 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

michaelo.jackson@gsa.gov. 

RIN: 9000–AN84 

271. Federal Acquisition Regulation 

(FAR); FAR Case 2019–003, Substantial 

Bundling and Consolidation 

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

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

Abstract: DoD, GSA, and NASA are 

amending the Federal Acquisition 

Regulation (FAR) to implement section 

863 of the National Defense 

Authorization Acts (NDAA) for FY 2016 

and the Small Business Administration 

(SBA) implementing regulations 

requiring public notification of an 

agency’s determination to substantially 

bundle or consolidate contract 

requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/27/20 85 FR 23299 

NPRM Comment 

Period End.

06/26/20 

Final Rule ............ 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana Bowman, 

Procurement Analyst, DoD/GSA/NASA 

(FAR), DOD/GSA/NASA (FAR), 1800 F 

Street NW, Washington, DC 20405, 

Phone: 202 803–3188, Email: 

dana.bowman@gsa.gov. 

RIN: 9000–AN86 

272. Federal Acquisition Regulation 

(FAR); FAR Case 2019–004, Good Faith 

in Small Business Subcontracting 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 1821 of the National 

Defense Authorization Act (NDAA) for 

FY 2017 and the Small Business 

Administration regulatory changes 

relating to small business 

subcontracting plans. Per section 1821, 

the final rule provides examples of 

activities that would be considered a 

failure to make a good faith effort to 

comply with a small business 

subcontracting plan. The rule also 

requires prime contractors with 

commercial subcontracting plans to 

include indirect costs, with some 

exceptions, in their subcontracting plan 

goals. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/03/20 85 FR 34155 

NPRM Comment 

Period End.

08/03/20 


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Action Date FR Cite 

Final Rule ............ 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana L. Bowman, 

Procurement Analyst, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 803– 

3188, Email: dana.bowman@gsa.gov. 

RIN: 9000–AN87 

273. Federal Acquisition Regulation 

(FAR); FAR Case 2019–009, Prohibition 

on Contracting With Entities Using 

Certain Telecommunications and Video 

Surveillance Services or Equipment 

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

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

Abstract: DoD, GSA, and NASA are 

amending the Federal Acquisition 

Regulation (FAR) to implement 

paragraph (a)(1)(B) of section 889 of the 

National Defense Authorization Act 

(NDAA) for FY 19 (Pub. L. 115–232). 

Beginning two years from the enacted 

date, paragraph (a)(1)(B) of section 889 

prohibits the Government from entering 

into a contract or extending or renewing 

a contract with an entity that uses any 

equipment, system, or service that uses 

covered telecommunications equipment 

and services from Huawei Technologies 

Company, ZTE Corporation, Hytera 

Communications Corporation, 

Hangzhou Technology Company, or 

Dahua Technology Company, to include 

any subsidiaries or affiliates. This FAR 

rule is needed to protect U.S. networks 

against cyber activities conducted 

through Chinese Government-supported 

telecommunications equipment and 

services. Paragraph (a)(1)(A) of section 

889 is being implemented separately 

through FAR Case 2018–017. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 07/14/20 85 FR 42665 

Interim Final Rule 

Effective.

08/13/20 

Interim Final Rule 08/27/20 85 FR 53126 

Interim Final Rule 

Comment Period End.

09/14/20 

Interim Final Rule 

Comment Period End.

10/26/20 

Interim Final Rule 

Effective.

10/26/20 

Final Rule ............ 08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: FAR Policy, DOD/ 

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

Washington, DC 20405, Phone: 202 969– 

4075, Email: farpolicy@gsa.gov. 

RIN: 9000–AN92 

274. Federal Acquisition Regulation 

(FAR); FAR Case 2020–004, Application 

of the MPT to Certain Task and 

Delivery Orders 

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

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

Abstract: DoD, GSA, and NASA are 

amending the FAR by implementing 

section 826 of the NDAA for FY 2020 

(Pub. L. 116–92) which increases the 

threshold for requiring fair opportunity 

on orders under multiple-award 

contracts from $3,500 to the micropurchase threshold, unless an exception 

applies. This change applies the wordbased threshold to ensure continued 

alignment with any future changes to 

the thresholds. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/22/20 85 FR 67327 

NPRM Comment 

Period End.

12/21/20 

Final Rule ............ 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

michaelo.jackson@gsa.gov. 

RIN: 9000–AO04 

275. Federal Acquisition Regulation 

(FAR); FAR Case 2020–011, 

Implementation of FASC Exclusion 

Orders 

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

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

Abstract: This rule will amend the 

Federal Acquisition Regulation (FAR) to 

address implementation of issued 

exclusion orders authorized by section 

202 of the SECURE Technology Act (115 

Pub. L. 390), which amends 41 U.S.C. 

1323 by creating the Federal Acquisition 

Security Council (FASC) and 

authorizing the Secretary of Homeland 

Security, the Secretary of Defense, and 

the Director of National Intelligence to 

issue exclusion orders, upon the 

recommendation of the FASC. These 

orders are issued to protect national 

security by excluding certain covered 

products, services, or sources from the 

Federal supply chain. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 08/00/21 

Interim Final Rule 

Comment Period End.

10/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Funk, Supply 

Chain Risk Management Expert, DOD/ 

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

Washington, DC 20405, Phone: 202 357– 

5805, Email: kevin.funk@gsa.gov. 

RIN: 9000–AO13 

276. Federal Acquisition Regulation 

(FAR); FAR Case 2020–012, Scope of 

Review by Procurement Center 

Representatives 

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

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

Abstract: The purpose of this FAR 

case is to implement section 1811 of the 

National Defense Authorization Act for 

Fiscal Year 2017 (15 U.S.C. 

644(l)(9)(A)), as implemented by the 

Small Business Administration’s final 

rule published November 29, 2019 (84 

FR 65647). 15 U.S.C. 644(l)(9)(A) allows 

procurement center representatives to 

review solicitations without regard to 

whether the contract or order is set 

aside for small business, or reserved in 

the case of a multiple-award contract, or 

whether the solicitation would result in 

a bundled or consolidated contract or 

order. 

Timetable: 

Action Date FR Cite 

Direct Final Rule 06/00/21 

Direct Final Rule 

Comment Period End.

08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Malissa Jones, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 703 605–2815, Email: 

malissa.jones@gsa.gov. 

RIN: 9000–AO16 

277. • Federal Acquisition Regulation 

(FAR); FAR Case 2021–003, Update to 

Certain Online References in the Far 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

replace FAR references to Federal 

Business Opportunities (FBO.gov) and 

Wage Determinations Online 

(WDOL.gov) with the System for Award 

Management (SAM.gov), because of 

their integration with and increased 

functionality of SAM.gov. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 05/00/21 


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Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AO21 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Completed Actions 

278. Federal Acquisition Regulation 

(FAR); FAR Case 2011–001; 

Organizational Conflicts of Interest and 

Unequal Access to Information 

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

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

Abstract: DoD, GSA, and NASA are 

withdrawing the proposed rule to 

amend the Federal Acquisition 

Regulation (FAR) titled: Organizational 

Conflicts of Interest. The decision not to 

proceed with a final rule has been made 

given the amount of time that has 

passed since publication of the 

proposed rule. Accordingly, this 

proposed rule is withdrawn and the 

FAR case is closed. Consideration of any 

future amendments to the FAR related 

to organizational conflicts of interest or 

unequal access to nonpublic 

information will be accomplished under 

a new FAR case. 

DoD, GSA and NASA issued a 

proposed rule on April 26, 2011 to 

amend the FAR to include guidance that 

will help the Government identify and 

address circumstances in which a 

Government contractor has an 

organizational conflict of interest. This 

rule will also provide safeguards to 

protect against unequal access to 

information, which harms the 

competitive acquisition process. 

Completed: 

Reason Date FR Cite 

Withdrawn ........... 03/19/21 86 FR 14863 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AL82 

279. Federal Acquisition Regulation 

(FAR); FAR Case 2012–001; 

Performance of Inherently 

Governmental Functions and Critical 

Functions 

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

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

Abstract: DoD, GSA, and NASA were 

proposing to revise the Federal 

Acquisition Regulation (FAR) to 

implement acquisition-related 

requirements of the Office of Federal 

Procurement Policy (OFPP) Policy 

Letter 11–01, entitled ‘‘Performance of 

Inherently Governmental and Critical 

Functions,’’ published September 12, 

2011 (65 FR 56227), with a correction 

published February 13, 2012 (77 FR 

7609). This rule is withdrawn, and the 

FAR case closed because further 

research and deliberation is required. 

Any future amendments to the FAR 

related to implementing performance of 

inherently governmental and critical 

functions will be accomplished under a 

new FAR case and RIN. 

Completed: 

Action Date FR Cite 

Withdrawn ........... 03/03/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AM41 

280. Federal Acquisition Regulation 

(FAR); FAR Case 2013–022; Extension 

of Limitations on Contractor Employee 

Personal Conflicts of Interest 

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

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

Abstract: DoD, GSA, and NASA are 

withdrawing the proposed rule to 

amend the Federal Acquisition 

Regulation (FAR) titled: Extension of 

Limitations on Contractor Employee 

Personal Conflicts of Interest. The 

decision not to proceed with a final rule 

was made on the basis that the 

requirements of the underlying statute 

that directed consideration of a FAR 

change have been met. Accordingly, this 

proposed rule is withdrawn and the 

FAR case is closed. 

DoD, GSA, and NASA issued a 

proposed rule on April 2, 2014 to 

amend the FAR to implement a section 

of the National Defense Authorization 

Act for Fiscal Year 2013 to extend the 

limitations on contractor employee 

personal conflicts of interest to apply to 

the performance of all functions that are 

closely associated with inherently 

governmental functions and contracts 

for personal services. This case is 

included in the FAR retrospective 

review of existing regulations under 

Executive Order 13563. Additional 

information is located in the FAR final 

plan (2016), available at: https://

www.acquisition.gov/. 

Completed: 

Action Date FR Cite 

Withdrawn ........... 03/19/21 86 FR 14862 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AM69 

281. Federal Acquisition Regulation 

(FAR); FAR Case 2015–023; Federal 

Supply Schedule Order Level Material 

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

U.S.C. ch. 137; 51 U.S.C. 50113 

Abstract: DoD, GSA, and NASA were 

proposing to amend the Federal 

Acquisition Regulation (FAR) to clarify 

the authority to acquire order-level 

materials (OLMs) when placing a task 

order or establishing a blanket purchase 

agreement (BPAs) against a Federal 

Supply Schedule (FSS) contract. 

However, the FAR Council agreed that 

a better course was for GSA to issue a 

rule to provide clarity in the General 

Services Administration Acquisition 

Regulation. GSA issued a final rule (83 

FR 3275) to clarify the authority to 

acquire OLMs when placing task or 

delivery orders placed against an FSS 

BPA or contract at 48 CFR 515, 538 and 

552. In light of the GSA regulatory 

action, the FAR rule is now being 

withdrawn. 

Completed: 

Reason Date FR Cite 

Withdrawn ........... 03/03/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover, 

Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AM95 

282. Federal Acquisition Regulation 

(FAR); FAR Case 2017–003; Individual 

Sureties 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to change 

the kinds of assets that individual 

sureties must use as security for their 

individual surety bonds. This change 

implements section 874 of the National 

Defense Authorization Act (NDAA) for 


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FY 2016 (Pub. L. 114–92), codified at 31 

U.S.C. 9310, Individual Sureties. 

Individual sureties will no longer be 

able to pledge real property, corporate 

stocks, corporate bonds, or irrevocable 

letters of credit. The requirements of 31 

U.S.C. 9310 are intended to strengthen 

the assets pledged by individual 

sureties, thereby mitigating risk to the 

Government. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 01/14/21 86 FR 3682 

Final Rule Effective.02/16/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN39 

283. Federal Acquisition Regulation 

(FAR); FAR Case 2015–037, Definition 

of ‘‘Information Technology’’ 

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

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

Abstract: DoD, GSA, and NASA were 

proposing to revise the Federal 

Acquisition Regulation (FAR) to update 

the definition of ‘‘information 

technology,’’ to harmonize the 

definition with that in the Office of 

Management and Budget Memo, M–15– 

14, entitled Management Oversight of 

Federal Information Technology.’’ This 

rule is withdrawn, and the FAR case 

closed to allow for discussions to work 

through differences between the current 

FAR definition and the definition in the 

OMB memo M–15–14. Any future 

amendments to the FAR related to the 

definition of ‘‘information technology’’ 

will be accomplished under a new FAR 

case and RIN. 

Completed: 

Reason Date FR Cite 

Withdrawn ........... 03/03/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN48 

284. Federal Acquisition Regulation 

(FAR); FAR Case 2017–018, Violation of 

Arms Control Treaties or Agreements 

With the United States 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 1290(c)(3) of the 

National Defense Authorization Act 

(NDAA) for FY 2017, which requires an 

offeror or any of its subsidiaries to 

certify that it does not engage in any 

activity that contributed to or is a 

significant factor in the determination 

that a country is not in full compliance 

with its obligations undertaken in all 

arms control, nonproliferation, and 

disarmament agreements or 

commitments in which the United 

States is a participating state. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 01/14/21 86 FR 3677 

Final Rule Effective.02/16/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN57 

285. Federal Acquisition Regulation 

(FAR); FAR Case 2018–002, Protecting 

Life in Global Health Assistance 

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

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

Abstract: DoD, GSA, and NASA are 

withdrawing the proposed rule to 

amend the Federal Acquisition 

Regulation (FAR) titled: Protecting Life 

in Global Health Assistance. The 

decision not to proceed with a final rule 

has been made because the Presidential 

Memorandum regarding The Mexico 

City Policy,’’ dated January 23, 2017, 

has been revoked by the Memorandum 

on Protecting Women’s Health at Home 

and Abroad issued by President Biden 

on January 28, 2021. Accordingly, this 

proposed rule is withdrawn and the 

FAR case is closed. 

DoD, GSA, and NASA issued a 

proposed rule on September 14, 2020 to 

amend the FAR to implement 

Presidential Memorandum, ‘‘The 

Mexico City Policy,’’ issued on January 

13, 2017, in accordance with the 

Department of State’s implementation 

plan dated May 9, 2017. This rule 

would extend requirements of the 

memorandum and plans to new funding 

agreements for global health assistance 

furnished by all Federal departments or 

agencies. This expanded policy would 

cover global health assistance to include 

funding for international health 

programs, such as those for HIV/AIDS, 

maternal and child health, malaria, 

global health security, and certain 

family planning and reproductive 

health. 

Completed: 

Reason Date FR Cite 

Withdrawn ........... 03/19/21 86 FR 14863 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: FAR Policy, Phone: 

202 969–4075, Email: farpolicy@gsa.gov. 

RIN: 9000–AN62 

286. Federal Acquisition Regulation 

(FAR); FAR Case 2018–016, Lowest 

Price Technically Acceptable Source 

Selection Process 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 880 of the John S. 

McCain National Defense Authorization 

Act (NDAA) for Fiscal Year (FY) 2019 to 

avoid using lowest price technically 

acceptable source selection criteria in 

circumstances that would deny the 

Government the benefits of cost and 

technical tradeoffs in the source 

selection process. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 01/14/21 86 FR 3679 

Final Rule Effective.02/16/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AN75 

287. Federal Acquisition Regulation 

(FAR); FAR Case 2018–021, Reserve 

Officer Training Corps and Military 

Recruiting on Campus 

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

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

Abstract: DoD, GSA and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement the requirements at 10 

U.S.C. 983, which prohibits the award 

of certain Federal contracts or grants to 

institutions of higher education that 

prohibit Senior Reserve Officer Training 

Corps units or military recruiting on 

campus. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 10/23/20 85 FR 67619 

Final Rule Effective.11/23/20 

Regulatory Flexibility Analysis 

Required: Yes. 


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Agency Contact: Zenaida Delgado, 

Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN79 

288. Federal Acquisition Regulation 

(FAR); FAR Case 2018–023, Taxes– 

Foreign Contracts in Afghanistan 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to 

implement the provisions on taxes, 

duties, and fees contained in the 

Security and Defense Cooperation 

Agreement (dated 2014) and the North 

Atlantic Treaty Organization Status of 

Forces Agreement (dated 2014) with the 

Islamic Republic of Afghanistan. Both 

Agreements exempt the United States 

Government, and its contractors and 

subcontractors (other than those who 

are Afghan legal entities or residents), 

from paying any tax or similar charge 

assessed on activities associated with 

contracts performed within Afghanistan. 

The Agreements also exempt the 

acquisition, importation, exportation, 

reexportation, transportation, and use of 

supplies and services in Afghanistan, by 

or on behalf of the United States 

Government, from any taxes, customs, 

duties, fees, or similar charges in 

Afghanistan. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 10/23/20 85 FR 67623 

Final Rule Effective.11/23/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Funk, Phone: 

202 357–5805, Email: kevin.funk@

gsa.gov. 

RIN: 9000–AN81 

289. Federal Acquisition Regulation 

(FAR); FAR Case 2019–002, 

Recreational Services on Federal Lands 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule to amend the Federal 

Acquisition Regulation (FAR) to exempt 

contracts for seasonal recreational 

services and seasonal recreational 

equipment rental on Federal lands from 

the Executive Order 13658 minimum 

wage requirements. This rule 

implements Executive Order 13838 that 

was issued on May 25, 2018, and 

associated Department of Labor final 

rule published on September 26, 2018. 

In accordance with Executive Order 

13838, this rule will not limit Executive 

Order 13658’s coverage of lodging and 

food services associated with seasonal 

recreational services, even when 

seasonal recreational services or 

seasonal recreational equipment rental 

are also provided under the same 

contract. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 10/23/20 85 FR 67626 

Final Rule Effective.11/23/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Funk, Phone: 

202 357–5805, Email: kevin.funk@

gsa.gov. 

RIN: 9000–AN85 

290. Federal Acquisition Regulation 

(FAR); FAR Case 2019–010, Efficient 

Federal Operations 

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

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

Abstract: DoD, GSA, and NASA were 

proposing to revise the Federal 

Acquisition Regulation (FAR) to 

implement Executive Order 13834, 

‘‘Efficient Federal Operations,’’ which 

directed Federal agencies to comply 

with statutory requirements related to 

energy and environmental performance 

in a manner that increases efficiency, 

maximizes performance, eliminates 

unnecessary use of resources, and 

protects the environment. 

However, Executive Order 13834 was 

partially revoked by Executive Order 

13990, Protecting Public Health and the 

Environment and Restoring Science To 

Tackle the Climate Crisis. The sections 

of Executive Order 13834 that remain in 

effect have no impact on the FAR; 

therefore, this rule is withdrawn and the 

FAR case is closed. Any future 

amendments to the FAR related to 

environmental issues or sustainable 

acquisition will be accomplished under 

a new FAR case and RIN. 

Completed: 

Reason Date FR Cite 

Withdrawn ........... 03/03/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Hawes, 

Phone: 202 969–7386, Email: 

jennifer.hawes@gsa.gov. 

RIN: 9000–AN94 

291. Federal Acquisition Regulation 

(FAR); FAR Case 2019–016, Maximizing 

Use of American-Made Goods, Products 

and Materials 

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

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

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement Executive Order (E.O.) 

13881, Maximizing Use of AmericanMade Goods, Products, and Materials, 

which would provide that materials 

shall be considered to be of foreign 

origin if: (A) For iron and steel end 

products, the cost of foreign iron and 

steel used in such iron and steel end 

products constitutes 5 percent or more 

of the cost of all the products used in 

such iron and steel end products; or (B) 

for all other end products, the cost of 

the foreign products used in such end 

products constitutes 45 percent or more 

of the cost of all the components. In 

addition, the Executive order provides 

that in determining price reasonableness 

or public interest, the evaluation factors 

of 20 percent (for other than small 

businesses), or 30 percent (for small 

businesses) shall be applied to offers of 

materials of foreign origin. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 01/19/21 86 FR 6180 

Final Rule Effective.01/19/21 

Final Rule Correction.02/05/21 86 FR 8308 

Final Rule Effective.02/05/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN99 

292. Federal Acquisition Regulation 

(FAR); FAR Case 2020–006, 

Documentation of Market Research 

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

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

Abstract: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

implement a section of the National 

Defense Authorization Act for Fiscal 

Year 2020 that requires the head of the 

agency to document the results of 

market research in a manner appropriate 

to the size and complexity of the 

acquisition. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 10/23/20 85 FR 67623 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41315 

Reason Date FR Cite 

Final Rule Effective.11/23/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AO09 

293. • Federal Acquisition Regulation 

(FAR); FAR Case 2021–002, Increased 

Efficiencies With Regard to In-Person 

Business, Mail, and Signatures 

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

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

Abstract: FAR case 2021–002, 

Increased Efficiencies with Regard to InPerson Business, Mail, and Signatures, 

will be addressed in FAR case 2021– 

001, Increased Efficiencies with Regard 

to Certified Mail, In-person Business, 

Mail, Notarization, Original Documents, 

Seals, and Signatures. 

Timetable: 

Action Date FR Cite 

Merged With FAR 

Case 2021– 

001, Rin 9000– 

AO19.

03/10/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

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

zenaida.delgado@gsa.gov. 

RIN: 9000–AO20 

[FR Doc. 2021–15101 Filed 7–29–21; 8:45 am] 

BILLING CODE 6820–EP–P 


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