Federal Acquisition Regulation; Federal Acquisition Circular 2022-01; Introduction

CourtGeneral Services Administration,National Aeronautics And Space Administration
Citation86 FR 61016
Published date04 November 2021
Record Number2021-22143
61016
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2021–0051, Sequence No.
5]
Federal Acquisition Regulation;
Federal Acquisition Circular 2022–01;
Introduction
AGENCY
: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION
: Summary presentation of final
rules.
SUMMARY
: This document summarizes
the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council (Councils) in this Federal
Acquisition Circular (FAC) 2022–01. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC.
DATES
: For effective dates see the
separate documents, which follow.
ADDRESSES
: The FAC, including the
SECG, is available via the internet at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
: The
analyst whose name appears in the table
below in relation to the FAR case. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
R
ULES
L
ISTED IN
FAC 2022–01
Item Subject FAR case Analyst
I ......................... Revision of Definition of ‘‘Commercial Item’’ ........................................................................... 2018–018 Delgado.
II ........................ Consolidation and Substantial Bundling .................................................................................. 2019–003 Bowman.
III ....................... Maximum Award Price for Certain Sole Source Manufacturing Contracts ............................. 2021–007 Jackson.
SUPPLEMENTARY INFORMATION
:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these FAR rules,
refer to the specific item numbers and
subjects set forth in the documents
following these item summaries. FAC
2022–01 amends the FAR as follows:
Item I—Revision of Definition of
‘‘Commercial Item’’ (FAR Case 2018–
018)
This final rule removes the definition
of ‘‘commercial item’’ and replaces it
with the definitions of ‘‘commercial
product’’ and ‘‘commercial service’’.
The rule makes numerous conforming
changes throughout the FAR. The rule
implements section 836 of the John S.
McCain National Defense Authorization
Act for Fiscal Year 2019 (Pub. L. 115–
232). This final rule will not have a
significant economic impact on a
substantial number of small entities.
Item II—Consolidation and Substantial
Bundling (FAR Case 2019–003)
This final rule amends the FAR to
implement section 863 of the National
Defense Authorization Act for Fiscal
Year 2016, as implemented in the Small
Business Administration (SBA) final
rule published at 84 FR 65647 on
November 29, 2019. Section 863
requires publication of public notices of
determinations for consolidation and
substantial bundling of contract
requirements. Specifically, section 863
requires the head of an agency to
publish a notice on a public website
within 7 days of making the
determination that an acquisition plan
involves a substantial bundling of
contract requirements. Section 863 also
requires the Senior Procurement
Executive or Chief Acquisition Officer
to publish a notice on a public website
that consolidation of contract
requirements is necessary and justified.
In both cases, the agency may not issue
the solicitation any earlier than 7 days
after publication of the notices. The
agency must also publish the
justification along with the solicitation.
Item III—Maximum Award Price for
Certain Sole Source Manufacturing
Contracts (FAR Case 2021–007)
This final rule amends the FAR to
implement section 864 of the William
M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021
(Pub. L. 116–283, January 1, 2021).
Section 864 amends the Small Business
Act to modify the maximum award
price for manufacturing contracts to $7
million for 8(a) program participants,
Women-Owned Small Business (WOSB)
program participants, Historically
Underutilized Business Zone
(HUBZone) small business concerns,
and Service-Disabled Veteran-Owned
Small Business (SDVOSB) concerns.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC)
2022–01 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 2022–01 is effective November
4, 2021 except for Items I through III,
which are effective December 6, 2021.
John M. Tenaglia,
Principal Director, Defense Pricing and
Contracting, Department of Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
Karla Smith Jackson,
Assistant Administrator for Procurement,
National Aeronautics and Space
Administration.
[FR Doc. 2021–22143 Filed 11–3–21; 8:45 am]
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