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

• Published date: 04 November 2021
• Citation: 86 FR 61016
• Record Number: 2021-22143
• Section: Rules and Regulations
• Court: General Services Administration,National Aeronautics And Space Administration

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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