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FAR RIN: 9000-AN34 Publication ID: Fall 2021 
Title: Federal Acquisition Regulation; FAR Case 2016-002, Applicability of Small Business Regulations Outside the United States 

DoD, GSA, and NASA are issuing a final rule to amend the Federal Acquisition Regulation (FAR) to support SBA’s policy of including overseas contracts in agency small business contracting goals. SBA revised its regulation at 13 CFR 125.2, as finalized in its rule "Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation” issued on October 2, 2013, to clarify that overseas contracting is not excluded from agency responsibilities to foster small business participation.

In its final rule, SBA has clarified that, as a general matter, its small business contracting regulations apply regardless of the place of performance. In light of these changes, there is a need to amend the FAR, both to support the changes to SBA's regulation, and to give agencies the tools they need, especially the ability to use set-asides to maximize opportunities for small businesses overseas.

Agency: DOD/GSA/NASA (FAR)(FAR)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 2    48 CFR 19    48 CFR 52   
Legal Authority: 40 U.S.C. 121(c)    10 U.S.C. ch. 137    51 U.S.C. 20113   
Legal Deadline:  None
Action Date FR Cite
NPRM  08/12/2019  84 FR 39793   
NPRM Comment Period End  10/11/2019 
Final Rule  03/00/2022 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: Yes 
Agency Contact:
Mahruba Uddowla
Procurement Analyst
1800 F Street NW,
Washington, DC 20405
Phone:703 605-2868