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FAR RIN: 9000-AO50 Publication ID: Spring 2023 
Title: Federal Acquisition Regulation (FAR); FAR Case 2023-001, Subcontracting to Puerto Rican and Covered Territory Small Businesses 

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 861 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232), as implemented by the Small Business Administration (SBA) in its final rule published October 16, 2020 (85 FR 66146), and section 866 of the NDAA for FY 2021 (Pub. L. 116-283) as implemented in SBA’s direct final rule published August 19, 2022 (87 FR 50925). The two statutory provisions provide contracting incentives to mentors that subcontract to protégé firms that are Puerto Rican and covered territory businesses as defined by section 866. Additionally, this rule implements changes to SBA’s regulations to clarify that 1) prime contractors may rely on self-certifications of their subcontractors, and 2) an Alaska Native Corporation 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.

Agency: DOD/GSA/NASA (FAR)(FAR)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 19    48 CFR 52   
Legal Authority: 40 U.S.C. 121(c)    10 U.S.C. ch. 4    10 U.S.C. ch. 137 legacy provisions    10 U.S.C. 3016    51 U.S.C. 20113   
Legal Deadline:  None
Action Date FR Cite
NPRM  10/00/2023 
NPRM Comment Period End  12/00/2023 
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:
Carrie Moore
Procurement Analyst
1800 F Street, NW,
Washington, DC 20405
Phone:571 300-5917