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FAR | RIN: 9000-AO27 | Publication ID: Fall 2021 |
Title: ●Federal Acquisition Regulations (FAR); FAR Case 2021-010, Subcontracting to Puerto Rican and Other Small Businesses | |
Abstract:
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 861 of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232), as implemented by the Small Business Administration's final rule published October 16, 2020 (85 FR 66146). Section 861 of the NDAA for FY 2019 provides contracting incentives to mentors that subcontract to protege firms that are Puerto Rican businesses. Specifically, a mentor that provides a subcontract to a protégé that has its principal office located in the Commonwealth of Puerto Rico may receive positive consideration for the mentor's past performance evaluation, and apply costs incurred for providing training to such protege toward the subcontracting goals contained in the subcontracting plan of the mentor. This FAR case also implements SBA’s final rule which added clarifying language to recognize that prime contractors may rely on the self-certifications of their subcontractors provided they do not have a reason to doubt any specific self-certification. Lastly, this FAR case implements changes to SBA’s regulations at 13 CFR 125.3(b)(2) which clarify that an Alaska Native Corporation (ANC) owned firm that does not individually qualify as small but counts as a small business or a small disadvantaged business for subcontracting goaling purposes under 43 U.S.C. 1626(e)(4)(B) is not currently required to submit a subcontracting plan. This rule promotes equity in Federal procurement.
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Agency: DOD/GSA/NASA (FAR)(FAR) | Priority: Other Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 48 CFR 19 | |
Legal Authority: 40 U.S.C. 121(c) 10 U.S.C. ch. 137 51 U.S.C. 20113 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Federal, Local, State |
Small Entities Affected: Businesses, Governmental Jurisdictions | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: Yes | |
Agency Contact: Malissa Jones Procurement Analyst DOD/GSA/NASA (FAR) 1800 F Street, NW, Washington, DC 20405 Phone:571 882-4687 Email: malissa.jones@gsa.gov |