48358 Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / 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. The public can comment on 

rules by visiting http://

www.regulations.gov and following the 

instructions for submitting comments. 

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 31, 2022. 

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. 

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

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

Contracts From Certain Laws and Regulations.

9000–AN72 

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

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

238 .................... Federal Acquisition Regulation (FAR); FAR Case 2019–018, Federal Acquisition Supply Chain Security 

Act of 2018.

9000–AO01 

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

Certain Orders Under Task and Delivery Order Contracts.

9000–AO08 

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

Contractors Prior to Conditional Offer.

9000–AO11 

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

Technology Transfer Programs.

9000–AO12 

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

Status.

9000–AO18 

243 .................... 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 

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

245 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–009, Protests of Orders Set Aside for Small Business.9000–AO26 

246 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–011, Past Performance of First-Tier Subcontractors.9000–AO28 

247 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–012, 8(a) Program .................................................. 9000–AO29 

248 .................... Federal Acquisitions Regulation (FAR); FAR Case 2021–013, Access to Past Performance Information .... 9000–AO30 

249 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–015, Disclosure of Greenhouse Gas Emissions 

and Climate-Related Financial Risk.

9000–AO32 

250 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–016, Minimizing the Risk of Climate Change in 

Federal Acquisitions.

9000–AO33 

251 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–017, Cyber Threat and Incident Reporting and Information Sharing.9000–AO34 

252 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–019, Standardizing Cybersecurity Requirements 

for Unclassified Information Systems.

9000–AO35 

253 .................... Federal Acquisition Regulations (FAR); FAR Case 2021–020, Limitations on Subcontracting ...................... 9000–AO36 

254 .................... Federal Acquisition Regulation (FAR); FAR Case 2022–006, Sustainable Procurement .............................. 9000–AO43 

DOD/GSA/NASA (FAR)—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

Industry.

9000–AN29 

256 .................... 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. 

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

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

Feedback.

9000–AN43 

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

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

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

and Video Surveillance Services or Equipment.

9000–AN83 

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

Zone Program.

9000–AN90 

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

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

Using Certain Telecommunications and Video Surveillance Services or Equipment.

9000–AN92 

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

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

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

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

Requirements.

9000–AO22 

269 .................... Federal Acquisition Regulation (FAR); FAR Case 2021–014, Increasing the Minimum Wage for Contractors.9000–AO31 

DOD/GSA/NASA (FAR)—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

DOD/GSA/NASA (FAR)—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

the United States.

9000–AN34 

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

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

FAR.

9000–AO21 

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

Source Manufacturing Contracts.

9000–AO25 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Proposed Rule Stage 

234. Federal Acquisition Regulation 

(FAR); FAR Case 2017–016, Controlled 

Unclassified Information (CUI) [9000– 

AN56] 

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 implemented in 

NARA’s implementing regulations at 32 

CFR 2002, and implement the OMB 

Memorandum M–17–12, entitled 

Preparing for and Responding to a 

Breach of Personally Identifiable 

Information (PII). This rule will apply 

the CUI program requirements in 

Federal contracts in a uniform manner 

to protect CUI. This rule is one element 

of a larger strategy to improve the 

Government’s efforts to identify, deter, 

protect against, detect and respond to 

increasing sophisticated threat actions 

targeting Federal contractors. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/22 

NPRM Comment 

Period End.

08/00/22 

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–AN56 

235. Federal Acquisition Regulation 

(FAR); FAR Case 2018–013, Exemption 

of Commercial and COTS Item 

Contracts From Certain Laws and 

Regulations [9000–AN72] 

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 which requires 


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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). A 

new determination is to be made 

whether to provide exemptions from 

those certain laws and if so, propose 

revisions to the FAR to reflect those 

exemptions. The law also requires the 

FAR Council to review the FAR to 

assess every regulation not based on law 

or Executive order that requires a 

specific clause in contracts for 

commercial products or commercial 

service sand propose to eliminate those 

regulations unless the FAR Council 

makes a new determination not to do so. 

It also requires an assessment of 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 decides not to do so. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/23 

NPRM Comment 

Period End.

07/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Carrie Moore, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 300–5917, Email: 

carrie.moore@gsa.gov. 

RIN: 9000–AN72 

236. Federal Acquisition Regulation 

(FAR); FAR Case 2018–014, Increasing 

Task-Order Level Competition [9000– 

AN73] 

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 .................. 04/00/23 

NPRM Comment 

Period End.

06/00/23 

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 

237. Federal Acquisition Regulation 

(FAR); FAR Case 2019–015, Improving 

Consistency Between Procurement & 

Non-Procurement Procedures on 

Suspension and Debarment [9000– 

AN98] 

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 .................. 08/00/22 

NPRM Comment 

Period End.

10/00/22 

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–AN98 

238. Federal Acquisition Regulation 

(FAR); FAR Case 2019–018, Federal 

Acquisition Supply Chain Security Act 

of 2018 [9000–AO01] 

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 

partially implement a section of the 

Federal Acquisition Supply Chain 

Security Act of 2018. This law provides 

executive agency authorities for 

determining and mitigating supply 

chain risks in procurements involving 

controlled unclassified information, 

information technology, embedded 

information technology, and 

telecommunications. The law allows 

executive agencies to exclude sources or 

covered articles from any executive 

agency procurement action, including 

source selection and consent for a 

contractor to subcontract. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/23 

NPRM Comment 

Period End.

04/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marissa Ryba, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 314 586–1280, Email: 

marissa.ryba@gsa.gov. 

RIN: 9000–AO01 

239. Federal Acquisition Regulation 

(FAR); FAR Case 2020–005, 

Explanations to Unsuccessful Offerors 

on Certain Orders Under Task and 

Delivery Order Contracts [9000–AO08] 

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. For awards of certain task or 

delivery orders, section 874 provides 

unsuccessful offerors the opportunity to 

request in writing an explanation as to 

why their offer was unsuccessful. 

Contracting offers are required to 

provide a brief explanation, including 

the rationale for award and an 

evaluation of the significant weak or 

deficient factors in the offeror’s offer. 

Timetable: 


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Action Date FR Cite 

NPRM .................. 12/00/22 

NPRM Comment 

Period End.

02/00/23 

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 

240. Federal Acquisition Regulation 

(FAR); FAR Case 2020–008, Prohibition 

on Criminal History Inquiries by 

Contractors Prior to Conditional Offer 

[9000–AO11] 

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 .................. 11/00/22 

NPRM Comment 

Period End.

01/00/23 

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 

241. Federal Acquisition Regulation 

(FAR); FAR Case 2020–010, Small 

Business Innovation Research and 

Technology Transfer Programs [9000– 

AO12] 

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 .................. 01/00/23 

NPRM Comment 

Period End.

03/00/23 

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 

242. Federal Acquisition Regulation 

(FAR); FAR Case 2020–016, 

Rerepresentation of Size and 

Socioeconomic Status [9000–AO18] 

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 

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 issued under full and open 

multiple-award contract. Additionally, 

rerepresentation is required for orders 

issued under a small business set-aside 

MAC where the orders are further set 

aside exclusively for a particular 

socioeconomic category and the 

required socioeconomic status differs 

from the underlying multiple-award 

contract. Orders issued under any FSS 

are exempt from the requirement to 

rerepresent size and or socioeconomic 

status. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/22 

NPRM Comment 

Period End.

12/00/22 

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 

243. 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] 

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 .................. 03/00/23 

NPRM Comment 

Period End.

05/00/23 

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 

244. FAR Acquisition Regulation (FAR); 

FAR Case 2021–005; Disclosure of 

Beneficial Owner in Federal 

Contracting [9000–AO23] 

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 


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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 .................. 12/00/22 

NPRM Comment 

Period End.

02/00/23 

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–AO23 

245. Federal Acquisition Regulation 

(FAR); FAR Case 2021–009, Protests of 

Orders Set Aside for Small Business 

[9000–AO26] 

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 requirements in SBA’s 

final rule issued on October 16, 2020 

regarding size protests on set-aside 

orders under multiple-award contracts 

that were not set-aside; socioeconomic 

status protests on set-aside orders where 

the required status differs from that of 

the underlying multiple-award contract; 

and the authority for SBA’s Associate 

General Counsel for Procurement Law to 

initiate size protest. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/23 

NPRM Comment 

Period End.

04/00/23 

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–AO26 

246. Federal Acquisition Regulation 

(FAR); FAR Case 2021–011, Past 

Performance of First-Tier 

Subcontractors [9000–AO28] 

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 statutory requirements 

(15 U.S.C. 644(e)(4)(B)(i)) and (15 U.S.C. 

644(q)(1)(B)) as implemented by the 

Small Business Administration’s final 

rule published October 16, 2020 (85 FR 

66146). 15 U.S.C. 644(e)(4)(B)(i) requires 

contracting officers to consider the 

capabilities and past performance of 

first tier subcontractors for bundled or 

consolidated contracts, and 15 U.S.C. 

644(q)(1)(B) requires contracting officers 

to consider the capabilities and past 

performance of first tier subcontractors 

for multiple award contracts valued 

above the substantial bundling 

threshold of the Federal agency. SBA’s 

final rule also gives contracting officers 

discretion to consider past performance 

and experience of first-tier 

subcontractors for other procurements 

as appropriate where the first-tier 

subcontractors are specifically 

identified in the proposal, and the 

capabilities and past performance of the 

small business prime do not 

independently demonstrate capabilities 

and past performance necessary for 

award. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/22 

NPRM Comment 

Period End.

01/00/23 

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–AO28 

247. Federal Acquisition Regulation 

(FAR); FAR Case 2021–012, 8(A) 

Program [9000–AO29] 

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 made by 

the SBA, in its final rule published in 

the Federal Register on October 16, 

2020, to the 8(a) Business Development 

Program to eliminate or reduce 

unnecessary or excessive burdens on 

8(a) Participants. This rule promotes 

equity in Federal procurement. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/22 

NPRM Comment 

Period End.

11/00/22 

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–AO29 

248. Federal Acquisitions Regulation 

(FAR); FAR Case 2021–013, Access to 

Past Performance Information [9000– 

AO30] 

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 clarify 

language at FAR 42.1503(d) regarding 

restrictions on the release of past 

performance information in the 

Contractor Performance Assessment 

Reporting System (CPARS) to other than 

Government personnel to perform value 

added services to the Government. 

Artificial intelligence (e.g., machine 

learning) may improve the workforce’s 

ability to leverage the use of contractor 

performance information in informing 

future contract award decisions and 

other related efforts. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/23 

NPRM Comment 

Period End.

03/00/23 

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–AO30 

249. Federal Acquisition Regulation 

(FAR); FAR Case 2021–015, Disclosure 

of Greenhouse Gas Emissions and 

Climate-Related Financial Risk [9000– 

AO32] 

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 5(b)(i) of Executive 

Order 14030, Climate-Related Financial 

Risk. Section 5(b)(i) directs the FAR 

Council to consider amending the FAR 

to require major Federal suppliers to 

publicly disclose greenhouse gas 

emissions and climate-related financial 

risk and to set science-based reduction 

targets. 

Timetable: 


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Action Date FR Cite 

NPRM .................. 08/00/22 

NPRM Comment 

Period End.

10/00/22 

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–AO32 

250. Federal Acquisition Regulation 

(FAR); FAR Case 2021–016, Minimizing 

the Risk of Climate Change in Federal 

Acquisitions [9000–AO33] 

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 5(b)(ii) of Executive 

Order 14030, Climate-Related Financial 

Risk. Section 5(b)(ii) directs the FAR 

Council to consider amending the FAR 

to ensure that major agency 

procurements minimize the risk of 

climate change and to require 

consideration of the social cost of 

greenhouse gas emissions in 

procurement decisions for major agency 

procurements. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 10/15/21 86 FR 57404 

Comment Period 

Extended.

12/07/21 86 FR 69218 

ANPRM Comment 

Period End.

01/13/22 

NPRM .................. 01/00/23 

NPRM Comment 

Period End.

03/00/23 

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–AO33 

251. Federal Acquisition Regulation 

(FAR); FAR Case 2021–017, Cyber 

Threat and Incident Reporting and 

Information Sharing [9000–AO34] 

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 

increase the sharing of information 

about cyber threats and incident 

information between the Government 

and certain providers, pursuant to OMB 

recommendations, in accordance with 

section 2(b)–(c), and Department of 

Homeland Security recommendations, 

in accordance with section 8(b), of 

Executive Order 14028, Improving the 

Nation’s Cybersecurity. In addition, 

requires certain contractors to report 

cyber incidents to the Federal 

Government to facilitate effective cyber 

incident response and remediation, 

pursuant to Department of Homeland 

Security recommendations in 

accordance with sections 2(g)(i) of 

Executive Order 14028. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/22 

NPRM Comment 

Period End.

10/00/22 

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–AO34 

252. Federal Acquisition Regulation 

(FAR); FAR Case 2021–019, 

Standardizing Cybersecurity 

Requirements for Unclassified 

Information Systems [9000–AO35] 

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 

standardize common cybersecurity 

contractual requirements across Federal 

agencies for unclassified information 

systems, pursuant to Department of 

Homeland Security recommendations in 

accordance with sections 2(i) and 8(b) of 

Executive Order 14028, Improving the 

Nation’s Cybersecurity. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/22 

NPRM Comment 

Period End.

10/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Carrie Moore, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 300–5917, Email: 

carrie.moore@gsa.gov. 

RIN: 9000–AO35 

253. Federal Acquisition Regulations 

(FAR) FAR Case 2021–020, Limitations 

on Subcontracting [9000–AO36] 

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 Small Business 

Administration (SBA) changes to the 

limitations on subcontracting in SBA’s 

final rules published on November 29, 

2019, and October 16, 2020, which 

implemented sections of the National 

Defense Authorization Acts (NDAA) for 

fiscal years 2016 and 2017, and the 

Recovery Improvements for Small 

Entities After Disaster Act of 2015 (RISE 

Act). 

Generally this rule will clarify matters 

related to the limitations on 

subcontracting for small businesses. 

Changes will be made in areas such as: 

exclusions of other direct costs from the 

limitations on subcontracting for 

services; similarly situated entities and 

the treatment of independent 

contractors; applicability of the 

Nonmanufacturer rule to 541519 when 

using the Information Technology Value 

Added Reseller (ITVAR) exception; the 

multiple item rule; mixed contracts; and 

CO discretion to ask for compliance 

information. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/00/23 

NPRM Comment 

Period End.

05/00/23 

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–AO36 

254. • Federal Acquisition Regulation 

(FAR); FAR Case 2022–006, Sustainable 

Procurement [9000–AO43] 

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 14057, 

Catalyzing Clean Energy Industries and 

Jobs Through Federal Sustainability, 

and Office of Management and Budget 

Memorandum M–22–06, requirements 

for the procurement of sustainable 

products and services. This proposed 

rule will also reorganize FAR part 23 for 

consistency and clarity, and include 

statutory updates to definition of 

‘‘biobased product’’ (7 U.S.C 8101 and 

8102) for the purposes of agency 

affirmative procurement programs. 

Timetable: 


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Action Date FR Cite 

NPRM .................. 10/00/22 

NPRM Comment 

Period End.

12/00/22 

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–AO43 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Final Rule Stage 

255. Federal Acquisition Regulation: 

FAR Case 2016–005; Effective 

Communication Between Government 

and Industry [9000–AN29] 

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 ............ 07/00/22 

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 

256. FAR Acquisition Regulation (FAR); 

FAR Case 2015–038, Reverse Auction 

Guidance [9000–AN31] 

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 ............ 12/00/22 

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–AN31 

257. Federal Acquisition Regulation 

(FAR); FAR Case 2017–005, 

Whistleblower Protection for 

Contractor Employees [9000–AN32] 

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 ............ 09/00/22 

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–AN32 

258. Federal Acquisition Regulation 

(FAR); FAR Case 2017–014, Use of 

Acquisition 360 To Encourage Vendor 

Feedback [9000–AN43] 

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 


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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 ............ 07/00/22 

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–AN43 

259. Federal Regulation Acquisition 

(FAR); FAR Case 2017–019, Policy on 

Joint Ventures [9000–AN59] 

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 ............ 07/00/22 

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–AN59 

260. Federal Acquisition Regulation 

(FAR); FAR Case 2018–020, 

Construction Contract Administration 

[9000–AN78] 

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 ............ 07/00/22 

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 

261. Federal Acquisition Regulation 

(FAR); FAR Case 2018–017, Prohibition 

on Certain Telecommunications and 

Video Surveillance Services or 

Equipment [9000–AN83] 

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 ............ 10/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Carrie Moore, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 571 300–5917, Email: 

carrie.moore@gsa.gov. 

RIN: 9000–AN83 

262. Federal Acquisition Regulation 

(FAR); FAR Case 2019–007, Update of 

Historically Underutilized Business 

Zone Program [9000–AN90] 

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 

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. This rule 

promotes equity in Federal 

procurement. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/14/21 86 FR 31468 

NPRM Comment 

Period End.

08/13/21 

Final Rule ............ 07/00/22 

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 

263. Federal Acquisition Regulation 

(FAR); FAR Case 2019–008, Small 

Business Program Amendments [9000– 

AN91] 

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 


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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 .................. 02/24/22 87 FR 10327 

NPRM Comment 

Period End.

04/25/22 

Final Rule ............ 01/00/23 

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 

264. Federal Acquisition Regulation 

(FAR); FAR Case 2019–009, Prohibition 

on Contracting With Entities Using 

Certain Telecommunications and Video 

Surveillance Services or Equipment 

[9000–AN92] 

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 

Action Date FR Cite 

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 ............ 10/00/22 

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 

265. Federal Acquisition Regulation 

(FAR); FAR Case 2020–007, Accelerated 

Payments Applicable to Contracts With 

Certain Small Business Concerns 

[9000–AO10] 

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 

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 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 .................. 09/29/21 86 FR 53923 

NPRM Comment 

Period End.

11/29/21 

Final Rule ............ 10/00/22 

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 

266. Federal Acquisition Regulation 

(FAR); FAR Case 2020–011, 

Implementation of FASC Exclusion 

Orders [9000–AO13] 

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 09/00/22 

Interim Final Rule 

Comment Period End.

11/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marissa Ryba, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW, Washington, 

DC 20405, Phone: 314 586–1280, Email: 

marissa.ryba@gsa.gov. 

RIN: 9000–AO13 

267. Federal Acquisition Regulation 

(FAR); FAR Case 2020–013, 

Certification of Women-Owned Small 

Businesses [9000–AO17] 

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. 

This rule promotes equity in Federal 

procurement. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/07/21 86 FR 55769 

NPRM Comment 

Period End.

12/06/21 

Final Rule ............ 08/00/22 


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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 

268. Federal Acquisition Regulation 

(FAR); FAR Case 2021–008, 

Amendments to the FAR Buy American 

Act Requirements [9000–AO22] 

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 

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 strengthen the 

impact of the Buy American Act. In 

pursuit of the goals of section 8, the 

final rule would provide for (1) an 

increase to the domestic content 

threshold, a schedule for future 

increases, and a fallback threshold that 

would allow for products meeting a 

specific lower domestic content 

threshold to qualify as domestic 

products under certain circumstances; 

and (2) a framework for application of 

an enhanced price preference for a 

domestic product that is considered a 

critical item or made up of critical 

components. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/30/21 86 FR 40980 

NPRM Comment 

Period End.

09/28/21 

Comment Period 

Extended.

10/28/21 86 FR 52871 

Final Rule ............ 03/07/22 87 FR 12780 

Final Rule Effective.10/25/22 

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 

269. Federal Acquisition Regulation 

(FAR); FAR Case 2021–014, Increasing 

the Minimum Wage for Contractors 

[9000–AO31] 

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

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

Abstract: DoD, GSA, and NASA will 

finalize an interim rule which amended 

the Federal Acquisition Regulation 

(FAR) to implement Executive Order 

14026, Increasing the Minimum Wage 

for Federal Contractors, dated April 27, 

2021, and Department of Labor 

regulations (29 CFR part 23). The 

Executive order seeks to increase 

efficiency and cost savings in the work 

performed by parties who contract with 

the Federal Government by increasing to 

$15.00 the hourly minimum wage paid 

to those contractors. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 01/26/22 87 FR 4117 

Interim Final Rule 

Comment Period End.

03/28/22 

Final Rule ............ 11/00/22 

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–AO31 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Long-Term Actions 

270. Federal Acquisition Regulation 

(FAR); FAR Case 2018–006; Definition 

of Subcontract [9000–AN66] 

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 .................. 06/00/23 

NPRM Comment 

Period End.

08/00/23 

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 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Completed Actions 

271. Federal Acquisition Regulation; 

FAR Case 2016–002, Applicability of 

Small Business Regulations Outside the 

United States [9000–AN34] 

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 

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. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 04/22/22 87 FR 24836 

Final Rule Effective.05/26/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AN34 

272. Federal Acquisition Regulation 

(FAR); FAR Case 2019–003, Substantial 

Bundling And Consolidation [9000– 

AN86] 

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 


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48368 Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda 

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. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 11/04/21 86 FR 61038 

Final Rule Effective.12/06/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana Bowman, 

Phone: 202 803–3188, Email: 

dana.bowman@gsa.gov. 

RIN: 9000–AN86 

273. Federal Acquisition Regulation 

(FAR); FAR Case 2021–003, Update to 

Certain Online References in the FAR 

[9000–AO21] 

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. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 12/15/21 86 FR 71323 

Final Rule Effective.01/14/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover, 

Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AO21 

274. Federal Acquisition Regulation 

(FAR); FAR Case 2021–007, Maximum 

Award Price for Certain Sole Source 

Manufacturing Contracts [9000–AO25] 

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 

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 Service-Disabled 

Veteran-Owned Small Business 

(SDVOSB) programs. This rule will 

change the current FAR thresholds for 

the 8(a) and HUBZone programs 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. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 11/04/21 86 FR 61040 

Final Rule Effective.12/06/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O. Jackson, 

Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AO25 

[FR Doc. 2022–14615 Filed 8–5–22; 8:45 am] 

BILLING CODE 6820–EP–P 


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