[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Page 11746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02027]
[[Page 11745]]
Vol. 85
Thursday,
No. 39
February 27, 2020
Part IV
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Final Rules
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 /
Rules and Regulations
[[Page 11746]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2020-0051, Sequence No. 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2020-05; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of a final rule.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) in this Federal
Acquisition Circular (FAC) 2020-05. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC.
DATES: For effective date see the separate document, which follows.
FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement
Analyst, at 703-605-2868 or by email at [email protected] for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755. Please cite FAC 2020-05, FAR Case 2014-002.
Rule Listed in FAC 2020-05
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Subject FAR case Analyst
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Set-Asides Under Multiple-Award 2014-002 Uddowla.
Contracts.
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ADDRESSES: The FAC, including the SECG, is available via the internet
at http://www.regulations.gov.
SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the
actual revisions and/or amendments made by this FAR case, refer to the
specific subject set forth in the document following this item summary.
FAC 2020-05 amends the FAR as follows:
Set-Asides Under Multiple-Award Contracts (FAR Case 2014-002)
This final rule amends the FAR to implement regulatory changes made
by the Small Business Administration (SBA) in its final rule at 78 FR
61114 on October 2, 2013. SBA's final rule implements the statutory
requirements set forth at section 1331 of the Small Business Jobs Act
of 2010 (15 U.S.C. 644(r)). Section 1331 provided authority for three
acquisition techniques to facilitate contracting with small businesses
on multiple-award contracts:
(1) Setting aside part or parts of the requirement for small
businesses.
(2) Reserving one or more contract awards for small business
concerns under full and open multiple-award procurements.
(3) Setting aside orders placed against multiple-award contracts,
notwithstanding the fair opportunity requirements of 10 U.S.C. 2304c(b)
and 41 U.S.C. 4106(c).
This final rule provides contracting officers additional guidance
on the use of partial set-asides, reserves, and set-asides of orders
under multiple-award contracts. This final rule may have a positive
economic impact on any small business entity that wishes to participate
in the Federal marketplace. The section 1331 authorities are expected
to provide small businesses greater access to multiple-award contracts,
including orders issued against such contracts. There is an upward
adjustment to the annual burden associated with an existing information
collection, to account for size and socioeconomic status
rerepresentations for individual task and delivery orders.
This rule also finalizes the interim rule published November 2,
2011, under FAR Case 2011-024.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2020-05 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator of National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2020-05 is
effective February 27, 2020 except for FAR Case 2014-002, which is
effective March 30, 2020.
Linda W. Neilson,
Director, Defense Acquisition Regulations, Department of Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition
Policy, U.S. General Services Administration.
William G. Roets II,
Acting Assistant Administrator, Office of Procurement, National
Aeronautics and Space Administration.
[FR Doc. 2020-02027 Filed 2-26-20; 8:45 am]
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