Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 24843 

revealed by FPDS. DoD, GSA, and NASA 

note that the set-aside authority can only be 

used where a contracting officer has a 

reasonable expectation that offers will be 

received from at least two small businesses 

and that award will be made at a fair market 

price. Similarly, sole-source authority under 

any of the small business programs also 

requires certain conditions to be met before 

being utilized. 

Nonetheless, this rule may have a 

significant positive economic impact on 

small business concerns competing for 

Federal contracting opportunities since it 

will provide additional Federal contracting 

opportunities. 

This rule does not include any new 

reporting, recordkeeping, or other 

compliance requirements for small 

businesses. 

This final rule is not expected to have a 

negative impact on any small entity. 

Interested parties may obtain a copy 

of the FRFA from the Regulatory 

Secretariat Division. The Regulatory 

Secretariat Division has submitted a 

copy of the FRFA to the Chief Counsel 

for Advocacy of SBA. 

VIII. 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 2, 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 

amend 48 CFR parts 2, 19, and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 2, 19, and 52 continues to read as 

follows: 

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

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

PART 2—DEFINITIONS OF WORDS 

AND TERMS 

■ 2.101 [Amended] 

■ 2. Amend section 2.101, in paragraph 

(b)(2), in the definition of ‘‘Bundling’’, 

by removing paragraph (3). 

PART 19—SMALL BUSINESS 

PROGRAMS 

■ 3. Amend section 19.000 by revising 

paragraph (b) to read as follows: 

19.000 Scope of part. 

* * * * * 

(b)(1) Unless otherwise specified in 

this part (see subparts 19.6 and 19.7)— 

(i) Contracting officers shall apply this 

part in the United States and its 

outlying areas; and 

(ii) Contracting officers may apply 

this part outside the United States and 

its outlying areas. 

(2) Offerors that participate in any 

procurement under this part are 

required to meet the definition of ‘‘small 

business concern’’ at 2.101 and the 

definition of ‘‘concern’’ at 19.001. 

■ 4. Amend section 19.309 by revising 

paragraphs (a)(1), (b), and (c)(1) to read 

as follows: 

19.309 Solicitation provisions and 

contract clauses. 

(a)(1) Insert the provision at 52.219– 

1, Small Business Program 

Representations, in solicitations 

exceeding the micro-purchase threshold 

when the contract is for supplies to be 

delivered or services to be performed in 

the United States or its outlying areas, 

or when the contracting officer has 

applied this part in accordance with 

19.000(b)(1)(ii). 

* * * * * 

(b) When contracting by sealed 

bidding, insert the provision at 52.219– 

2, Equal Low Bids, in solicitations when 

the contract is for supplies to be 

delivered or services to be performed in 

the United States or its outlying areas, 

or when the contracting officer has 

applied this part in accordance with 

19.000(b)(1)(ii). 

(c)(1) Insert the clause at 52.219–28, 

Post-Award Small Business Program 

Rerepresentation, in solicitations and 

contracts exceeding the micro-purchase 

threshold when the contract is for 

supplies to be delivered or services to be 

performed in the United States or its 

outlying areas, or when the contracting 

officer has applied this part in 

accordance with 19.000(b)(1)(ii). 

* * * * * 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 5. Amend section 52.204–8 by 

revising the date of the provision and 

paragraphs (c)(1)(xii) introductory text 

and (c)(1)(xiii) to read as follows: 

52.204–8 Annual Representations and 

Certifications. 

* * * * * 

Annual Representations and 

Certifications (May 2022) 

* * * * * 

(c)(1) * * * 

(xii) 52.219–1, Small Business 

Program Representations (Basic, 

Alternates I, and II). This provision 

applies to solicitations when the 

contract is for supplies to be delivered 

or services to be performed in the 

United States or its outlying areas, or 

when the contracting officer has applied 

part 19 in accordance with 

19.000(b)(1)(ii). 

* * * * * 

(xiii) 52.219–2, Equal Low Bids. This 

provision applies to solicitations when 

contracting by sealed bidding and the 

contract is for supplies to be delivered 

or services to be performed in the 

United States or its outlying areas, or 

when the contracting officer has applied 

part 19 in accordance with 

19.000(b)(1)(ii). 

* * * * * 

■ 6. Amend section 52.212–3 by 

revising the date of the provision and 

paragraph (c) introductory text to read 

as follows: 

52.212–3 Offeror Representations and 

Certifications—Commercial Products and 

Commercial Services. 

* * * * * 

Offeror Representations and 

Certifications—Commercial Products 

and Commercial Services (May 2022) 

* * * * * 

(c) Offerors must complete the 

following representations when the 

resulting contract is for supplies to be 

delivered or services to be performed in 

the United States or its outlying areas, 

or when the contracting officer has 

applied part 19 in accordance with 

19.000(b)(1)(ii). Check all that apply. 

* * * * * 

[FR Doc. 2022–08577 Filed 4–25–22; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4, 12, 15, 18, 46, and 52 

[FAC 2022–06; Item II; Docket No. FAR– 

2022–0052; Sequence No. 1] 

Federal Acquisition Regulation; 

Technical Amendments 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: This document makes 

amendments to the Federal Acquisition 

Regulation (FAR) in order to make 

needed editorial changes. 


jspears on DSK121TN23PROD with RULES3
24844 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 

DATES: Effective: May 1, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lois Mandell, Regulatory Secretariat 

Division (MVCB), at 202–501–4755 or 

GSARegSec@gsa.gov. Please cite FAC 

2022–06, Technical Amendments. 

SUPPLEMENTARY INFORMATION: This 

document makes editorial changes to 48 

CFR parts 4, 12, 15, 18, 46, and 52. 

List of Subjects in 48 CFR Parts 4, 12, 

15, 18, 46, 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 

amend 48 CFR parts 4, 12, 15, 18, 46, 

and 52 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 4, 12, 15, 18, 46, and 52 continues 

to read as follows: 

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

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

PART 4—ADMINISTRATIVE AND 

INFORMATION MATTERS 

4.402 [Amended] 

■ 2. Amend section 4.402 by removing 

from paragraph (d)(1) the phrase ‘‘via 

the Procurement Integrated Enterprise 

Environment (PIEE) at https://

wawf.eb.mil’’ and adding ‘‘https://

www.dcsa.mil/is/nccs’’ in its place. 

■ 3. Amend section 4.1103 by revising 

paragraph (a)(3) to read as follows: 

4.1103 Procedures. 

(a) * * * 

(3) Need not verify SAM registration 

before placing an order or call if the 

contract or agreement includes the 

clause at 52.204–13, System for Award 

Management Maintenance, or a similar 

agency clause, except when use of the 

Governmentwide commercial purchase 

card is contemplated as a method of 

payment. (See 32.1108(b)(2).) 

* * * * * 

PART 12—ACQUISITION OF 

COMMERCIAL PRODUCTS AND 

COMMERCIAL SERVICES 

12.302 [Amended] 

■ 4. Amend section 12.302 in paragraph 

(a) by removing from the second 

sentence the phrase ‘‘commercial items’’ 

and adding ‘‘commercial products and 

commercial services’’ in its place. 

12.402 [Amended] 

■ 5. Amend section 12.402 in paragraph 

(a) by removing from the fourth 

sentence the phrase ‘‘commercial items’’ 

and adding ‘‘commercial products or 

commercial services’’ in its place. 

PART 15—CONTRACTING BY 

NEGOTIATION 

15.601 [Amended] 

■ 6. Amend section 15.601 by removing 

the definition of ‘‘Commercial item 

offer’’ and adding the definition 

‘‘Commercial product or commercial 

service offer’’ in its place to read as 

follows: 

15.601 Definitions. 

* * * * * 

Commercial product or commercial 

service offer means an offer of a 

commercial product or commercial 

service that the vendor wishes to see 

introduced in the Government’s supply 

system as an alternate or a replacement 

for an existing supply item. This term 

does not include innovative or unique 

configurations or uses of commercial 

products or commercial services that are 

being offered for further development 

and that may be submitted as an 

unsolicited proposal. 

* * * * * 

PART 18—EMERGENCY 

ACQUISITIONS 

18.205 [Amended] 

■ 7. Amend section 18.205 by removing 

from paragraph (b) the link ‘‘https://

www.whitehouse.gov/sites/ 

whitehouse.gov/files/omb/assets/ 

procurement_guides/emergency_

acquisitions_guide.pdf’’ and adding the 

link ‘‘https://www.whitehouse.gov/wpcontent/uploads/legacy_drupal_files/ 

omb/assets/procurement_guides/ 

emergency_acquisitions_guide.pdf’’ in 

its place. 

PART 46—QUALITY ASSURANCE 

46.102 [Amended] 

■ 8. Amend section 46.102 by removing 

from paragraph (g) the phrase ‘‘(see 

subpart 42.1.)’’ and adding ‘‘(see 42.002 

and subpart 42.2).’’ in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 9. Amend section 52.212–5 by— 

■ a. Revising the date of the clause; 

■ b. Removing from paragraph (b)(36) 

the date ‘‘NOV 2021’’ and adding ‘‘MAY 

2022’’ in its place; 

■ c. Removing from paragraph 

(e)(1)(xvi) the date ‘‘NOV 2021’’ and 

adding ‘‘MAY 2022’’ in its place; and 

■ d. In Alternate II: 

■ i. Revising the date of the Alternate; 

and 

■ ii. Removing from paragraph 

(e)(1)(ii)(O) the date ‘‘NOV 2021’’ and 

adding ‘‘MAY 2022’’ in its place. 

The revisions read 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

(May 2022) 

* * * * * 

Alternate II (May 2022). * * * 

* * * * * 

■ 10. Amend section 52.222–54 by— 

■ a. Revising the date of the clause; and 

■ b. Removing from paragraph (c) the 

phrase ‘‘http://www.dhs.gov/E-Verify’’ 

and adding ‘‘https://www.e-Verify.gov’’ 

in its place. 

The revision reads as follows: 

52.222–54 Employment Eligibility 

Verification. 

* * * * * 

Employment Eligibility Verification 

(May 2022) 

* * * * * 

[FR Doc. 2022–08578 Filed 4–25–22; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket No. FAR–2022–0051, Sequence No. 

3] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2022–06; 

Small Entity Compliance Guide 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide 

(SECG). 

SUMMARY: This document is issued 

under the joint authority of DoD, GSA, 

and NASA. This Small Entity 

Compliance Guide has been prepared in 

accordance with section 212 of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996. It consists of a 

summary of the rules appearing in 

Federal Acquisition Circular (FAC) 


jspears on DSK121TN23PROD with RULES3