31074 Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations 

The objective of the rule is to increase the 

threshold for requiring fair opportunity on 

FAR part 16 orders under multiple-award 

contracts from $3,500 to the word-based, 

‘‘micro-purchase threshold’’ for consistency 

of application and alignment with future 

adjustments. The legal basis for the rule is 

section 826 of the NDAA for FY 2020 (Pub. 

L. 116–92). 

There were no significant issues raised in 

response to the initial regulatory flexibility 

analysis. 

DoD, GSA, and NASA do not expect this 

rule to have a significant economic impact on 

a substantial number of small entities; most 

of the impact will be on the Government. 

This rule will likely affect small entities that 

participate in fair opportunity competitions 

for FAR part 16 task and delivery orders 

under multiple-award contracts conducted 

by the Federal Government between $3,500 

and the micro-purchase threshold, which 

currently is $10,000. DoD, GSA, and NASA 

do not expect a significant change in the 

number of orders awarded to small entities; 

however, in certain circumstances this rule is 

expected to reduce the costs associated with 

developing and submitting a response to task 

and delivery order competitions for actions 

up to $10,000. To assess the impact of the 

threshold increase, data was obtained from 

FPDS. For FY 2017 through FY 2019, there 

was an average of 9,803 FAR part 16 task and 

delivery orders awarded using fair 

opportunity between $3,500 and $10,000. Of 

these actions, an average of 5,852 were 

awarded to 843 unique small entities. As a 

result of this rule, it is assumed that 

approximately 843 small entities may 

experience a reduction in proposal costs on 

task and delivery orders valued between 

$3,500 and $10,000. 

This rule does not impose any reporting, 

recordkeeping, or other compliance 

requirements. 

There are no alternatives that are 

consistent with the objectives of the statute. 

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 the Small Business 

Administration. 

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 Part 16 

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 part 16 as set forth 

below: 

PART 16—TYPES OF CONTRACTS 

■ 1. The authority citation for 48 CFR 

part 16 continues to read as follows: 

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

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

16.505 [Amended] 

■ 2. Amend section 16.505 by— 

■ a. Removing from paragraph (b)(1)(i) 

introductory text ‘‘$3,500’’ and adding 

‘‘the micro-purchase threshold’’ in its 

place; 

■ b. Removing from paragraph (b)(2)(i) 

introductory text ‘‘delivery-order or 

task-order exceeding $3,500’’ and 

adding ‘‘delivery order or task order 

exceeding the micro-purchase 

threshold’’ in its place; and 

■ c. Removing from the paragraph 

(b)(2)(ii)(A) subject heading ‘‘$3,500’’ 

and adding ‘‘the micro-purchase 

threshold’’ in its place. 

[FR Doc. 2021–11864 Filed 6–9–21; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 11, 19, 22, 26, 42, 52, and 

53 

[FAC 2021–06; Item III; Docket No. FAR– 

2021–0052; Sequence No. 2] 

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. 

DATES: Effective: July 12, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lois Mandell, Regulatory Secretariat 

Division (MVCB), at 202–501–4755 or 

GSARegSec@gsa.gov. Please cite FAC 

2021–06, Technical Amendment. 

SUPPLEMENTARY INFORMATION: This 

document makes editorial changes to 48 

CFR parts 11, 19, 22, 26, 42, 52 and 53 

of the FAR. 

List of Subjects in 48 CFR Parts 11, 19, 

22, 26, 42, 52, and 53 

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 11, 19, 22, 26, 42, 

52, and 53 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 11, 19, 22, 26, 42, 52, and 53 

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 11—DESCRIBING AGENCY 

NEEDS 

11.201 [Amended] 

■ 2. Amend section 11.201 by removing 

paragraph (d)(2)(iii). 

PART 19—SMALL BUSINESS 

PROGRAMS 

19.102 [Amended] 

■ 3. Amend section 19.102 by removing 

from paragraph (a)(2) ‘‘https://

www.census.gov/eos/www/naics/’’ and 

adding ‘‘https://www.census.gov/naics/’’ 

in its place. 

19.201 [Amended] 

■ 4. Amend section 19.201 by removing 

from paragraph (c)(1) ‘‘Director of 

Small’’ and adding ‘‘Director of the 

Office of Small’’ in its place. 

19.702 [Amended] 

■ 5. Amend section 19.702 by removing 

from paragraph (d) ‘‘http://www.acq.

osd.mil/osbp/mentor_protege/’’ and 

adding ‘‘https://business.defense.gov/ 

Programs/Mentor-Protege-Program/’’ in 

its place. 

19.812 [Amended] 

■ 6. Amend section 19.812 by removing 

from paragraph (a) ‘‘https://

pubapp.dcma.mil/CASD/main.jsp’’’’ 

and adding ‘‘https://piee.eb.mil/pcm/ 

xhtml/unauth/index.xhtml))’’ in its 

place. 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

22.805 [Amended] 

■ 7. Amend section 22.805 by removing 

from paragraph (a)(4)(i) ‘‘https://

ofccp.dol-esa.gov/preaward/pa_

reg.html’’ and adding ‘‘https://

www.dol.gov/agencies/ofccp/pre-award/ 

registry’’ in its place. 


khammond on DSKJM1Z7X2PROD with RULES3
Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations 31075 

PART 26—OTHER SOCIOECONOMIC 

PROGRAMS 

26.201 [Amended] 

■ 8. Amend section 26.201 in the 

definition ‘‘Major disaster or emergency 

area’’ by removing ‘‘http://

www.fema.gov/news/disasters.fema’’ 

and adding ‘‘https://www.fema.gov/ 

disasters/disaster-declarations’’ in its 

place. 

PART 42—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

42.203 [Amended] 

■ 9. Amend section 42.203 by removing 

‘‘https://pubapp.dcma.mil/CASD/ 

main.jsp’’ and adding ‘‘https://

piee.eb.mil/pcm/xhtml/unauth/ 

index.xhtml’’ in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 10. Amend section 52.211–2 by— 

■ a. Revising the date of the provision; 

■ b. Removing from the end of 

paragraph (a)(2) the semicolon and 

adding a period in its place; and 

■ c. Removing paragraph (a)(3). 

The revision reads as follows: 

§52.211–2 Availability of Specifications, 

Standards, and Data Item Descriptions 

Listed in the Acquisition Streamlining and 

Standardization Information System 

(ASSIST). 

* * * * * 

Availability of Specifications, Standards, 

and Data Item Descriptions Listed in the 

Acquisition Streamlining and 

Standardization Information System 

(ASSIST) (JUL 2021) 

* * * * * 

■ 11. Amend section 52.212–1 by— 

■ a. Revising the date of the clause; and 

■ b. Removing paragraph (i)(2)(iii). 

The revision reads as follows: 

§52.212–1 Instructions to Offerors— 

Commercial Items. 

* * * * * 

Instructions to Offerors—Commercial Items 

(JUL 2021) 

* * * * * 

■ 12. Amend section 52.212–5 by— 

■ a. Revising the clause heading and the 

date of the clause; 

■ b. Removing from paragraph (b)(51) 

‘‘(JUNE 2008)’’ and adding ‘‘(FEB 2021)’’ 

in its place; 

■ c. Removing from paragraph (b)(55) 

‘‘(JUN 2020)’’ and adding ‘‘(FEB 2021)’’ 

in its place 

■ d. Removing from paragraphs 

(b)(63)(i) and (e)(1)(xxii) ‘‘46 U.S.C. 

Appx. 1241(b)’’ and adding ‘‘46 U.S.C. 

55305’’ in their places, respectively; and 

■ e. In Alternate II— 

■ i. Revising the date of the Alternate; 

and 

■ ii. Removing from paragraph 

(e)(1)(ii)(U) ‘‘46 U.S.C. Appx. 1241(b)’’ 

and adding ‘‘46 U.S.C. 55305’’ in its 

place. 

The revisions read as follows: 

§52.212–5 Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

Contract Terms and Conditions Required To 

Implement Statutes or Executive Orders— 

Commercial Items (JUL 2021) 

* * * * * 

Alternate II (JUL 2021). * * * 

■ 13. Amend section 52.213–4 by— 

■ a. Revising the date of the clause; 

■ b. Removing from paragraph (a)(1)(vii) 

‘‘(JUN 2008)’’ and adding ‘‘(FEB 2021)’’ 

in its place; 

■ c. Removing from paragraph 

(a)(2)(viii) ‘‘(NOV 2020)’’ and adding 

‘‘(JUL 2021)’’ in its place; and 

■ d. Removing from paragraph 

(b)(1)(xxi) ‘‘46 U.S.C. App. 1241’’ and 

adding ‘‘46 U.S.C. 55305’’ in its place. 

The revision reads as follows: 

§52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

Terms and Conditions—Simplified 

Acquisitions (Other Than Commercial Items) 

(JUL 2021) 

* * * * * 

■ 14. Amend section 52.222–8 by— 

■ a. Revising the date of the clause; and 

■ b. Removing from paragraph (b)(1) 

‘‘http://www.dol.gov/whd/forms/ 

wh347.pdf’’ and adding ‘‘https://

www.dol.gov/agencies/whd/forms’’ in 

its place. 

The revision reads as follows: 

§52.222–8 Payrolls and Basic Records. 

* * * * * 

Payrolls and Basic Records (JUL 2021) 

* * * * * 

■ 15. Amend section 52.244–6 by— 

■ a. Revising the date of the clause; and 

■ b. Removing from paragraph (c)(1)(xx) 

‘‘46 U.S.C. App. 1241’’ and adding ‘‘46 

U.S.C. 55305’’ in its place. 

The revision reads as follows: 

§52.244–6 Subcontracts for Commercial 

Items. 

* * * * * 

Subcontracts for Commercial Items (JUL 

2021) 

* * * * * 

PART 53—FORMS 

§53.236–2 [Amended] 

■ 16. Amend section 53.236–2 by 

removing from the paragraph (b) subject 

heading ‘‘(Rev. 8/2016)’’ and adding 

‘‘(Rev. JUL 2021)’’ in its place. 

[FR Doc. 2021–11867 Filed 6–9–21; 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–2021–0051, Sequence 

No. 3] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2021–06; 

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. 

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) 

2021–06, which amends the Federal 

Acquisition Regulation (FAR). 

Interested parties may obtain further 

information regarding these rules by 

referring to FAC 2021–06, which 

precedes this document. 

DATES: June 10, 2021. 

ADDRESSES: The FAC, including the 

SECG, is available via the internet at 

https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact the 

analyst whose name appears in the table 

below. Please cite FAC 2021–06 and the 

FAR Case number. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat Division at 202–501–4755 or 

GSARegSec@gsa.gov. An asterisk (*) 

next to a rule indicates that a regulatory 

flexibility analysis has been prepared. 


khammond on DSKJM1Z7X2PROD with RULES3