[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11773-11774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02029]


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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; 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.

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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 rule 
appearing in Federal Acquisition Circular (FAC) 2020-05, which amends 
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a 
rule indicates that a regulatory flexibility analysis has been 
prepared. Interested parties may obtain further information regarding 
this rule by referring to FAC 2020-05, which precedes this document. 
These documents are also available via the internet at http://www.regulations.gov.

DATES: February 27, 2020.

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.

[[Page 11774]]



                       Rule Listed in FAC 2020-05
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             Subject                    FAR Case             Analyst
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* Set-Asides Under Multiple-                  2014-002  Uddowla.
 Award Contracts.
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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.
[FR Doc. 2020-02029 Filed 2-26-20; 8:45 am]
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