Federal Acquisition Regulation Technical Amendments
Summary
This document amends the Federal Acquisition Regulation (FAR) to make needed editorial changes.
Compliance Requirements
- #1
Remove the definition of 'Ozone-depleting substance' from section 2.101; Revise paragraph (2)(ii) of 'Small Business Teaming Arrangement' definition to read: 'For DoD, may include two business concerns in a mentor-protégé relationship in the DoD Mentor-Protégé Program (see 10 U.S.C. 4902) when both the mentor and the protégé are small. There is no exception to joint venture size affiliation for offers received from teaming arrangements under the DoD Mentor-Protégé Program; and'; Update web address in section 11.602(b) from 'www.bis.doc.gov/dpas' to 'https://www.bis.doc.gov/index.php/other-areas/strategic-industries-and-economic-security-sies/defense-priorities-a-allocations-system-program-dpas'; Revise first sentence of section 17.104(c) to read: 'Agency funding of multiyear contracts shall conform to the policies in OMB Circular A-11 (Preparation, Submission, and Execution of the Budget) and other applicable guidance regarding the funding of multiyear contracts.'; Revise section 19.202-1(b) to read: 'Plan acquisitions such that, if practicable, more than one small business concern may perform the work, if the work exceeds the amount for which a surety may be guaranteed by SBA against loss under 15 U.S.C. 694b (see definition of 'Applicable Statutory Limit' at 13 CFR 115.10).'; Remove the word 'Pilot' from section 19.702(d); Amend section 23.301 by removing 'No. 313 (Federal' and adding 'No. 313. Federal' in its place; Add paragraph (c)(2) to section 25.403: 'This restriction does not apply to purchases of supplies by the Department of Defense from a country with which it has entered into a reciprocal agreement, as provided in departmental regulations.'; Update web addresses in section 25.701(b) from 'http://www.treas.gov/offices/enforcement/ofac/sdn' and 'http://www.treas.gov/offices/enforcement/ofac' to 'https://ofac.treasury.gov/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists' and 'https://ofac.treasury.gov/' respectively; Revise date of provision 52.207-6 and paragraph (a)(2)(ii) to match updated definition in 2.101 regarding DoD mentor-protégé relationships; Revise date of clause 52.213-4 and change date in paragraph (b)(2)(v) from 'NOV 1991' to 'JAN 1991'; Amend section 52.223-11 by removing 'in in 23.109(d)(1)' and adding 'in 23.109(d)(1)'; Amend section 52.223-21 by removing 'in in 23.109(d)(4)' and adding 'in 23.109(d)(4)'; Revise date of clause 52.244-5 and paragraph (b) to read: 'If the Contractor is an approved mentor under the DoD Mentor-Protégé Program (10 U.S.C. 4902), the Contractor may award subcontracts under this contract on a noncompetitive basis to its protégés.'; Revise date of clause 52.246-26 and update web address in paragraph (e) from 'http://www.gidep.org/about/opmanual/opmanual.htm' to 'https://www.gidep.org/login?returnUrl=%2Fdashboard'; Revise section 53.236-2(a) to read: 'SF 252 (Rev. 10/23), Architect-Engineer Contract. SF 252 is prescribed for use in awarding fixed-price contracts for architect-engineer services, as specified in 36.702(a).'
Deadline: 30 days after 07/30/2024
Market Impacts
Expansion of DoD Mentor-Protégé Program opportunities allowing small businesses in mentor-protégé relationships to team together on contracts, specifically clarifying that both mentor and protégé must be small businesses to qualify under this arrangement; Noncompetitive subcontracting allowance for DoD-approved mentors to award subcontracts to their protégés under the DoD Mentor-Protégé Program (10 U.S.C. 4902); Updated web address requirements for Defense Priorities and Allocations System (DPAS) program information access at https://www.bis.doc.gov/index.php/other-areas/strategic-industries-and-economic-security-sies/defense-priorities-a-allocations-system-program-dpas; Updated OFAC (Office of Foreign Assets Control) web address requirements for accessing Specially Designated Nationals lists at https://ofac.treasury.gov/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists and https://ofac.treasury.gov/; Clarification that acquisitions should be planned such that more than one small business concern may perform work if it exceeds SBA surety guarantee limits (15 U.S.C. 694b); Mandated use of updated SF 252 (Rev. 10/23) form for architect-engineer contracts as specified in 36.702(a)
Validated Company Impacts
CACI INTERNATIONAL INC /DE/
CACI operates as a major federal contractor providing technology and expertise to government agencies, including the Department of Defense, which is directly affected by multiple provisions of this FAR amendment. The company's business model involves federal contracting and subcontracting relationships that would be impacted by the DoD Mentor-Protégé Program clarifications, noncompetitive subcontracting allowances, and updated web address requirements for defense and procurement systems. The rule primarily addresses federal contracting compliance requirements and small business program updates, which do not align with the company's disclosed risk factors focused on liquidity, economic conditions, credit utilization, cybersecurity, and contract variability. The only potential indirect connection is through 'Contract Type Mix' risk if the company engages in government contracting, but this is speculative and not explicitly stated in the risk profile.
ASGN Inc
ASGN's Federal Government Segment, which represents 30% of revenue and delivers IT services to government agencies including defense-related contracts, directly aligns with multiple aspects of this FAR amendment. The company's work with DoD agencies and federal contracting activities makes it subject to the updated mentor-protégé program rules, OFAC web address requirements, and other procurement regulation changes. The rule primarily affects federal contractors, particularly in defense and small business sectors, while the company's disclosed risks focus on goodwill impairment, market competition, cybersecurity, and financial fluctuations with minimal regulatory compliance concerns. There is no meaningful overlap between the rule's technical amendments to federal acquisition processes and the company's identified risk profile.
Booz Allen Hamilton Holding Corp
Booz Allen Hamilton is a major federal contractor providing consulting and engineering services to defense and intelligence agencies, directly aligning with multiple aspects of this FAR rule including DoD mentor-protégé program provisions, architect-engineer contract requirements, and defense procurement regulations. The rule's technical amendments to federal acquisition regulations show minimal alignment with the company's disclosed risk factors. The company's primary risks focus on government audit impacts, revenue recognition, tax liabilities, subcontractor dependency, and cost estimation - none of which are directly addressed by these administrative updates to web addresses, form revisions, or minor definition changes in federal contracting procedures.
Leidos Holdings, Inc.
Leidos operates extensively as a defense contractor and government services provider, directly aligning with multiple aspects of this FAR amendment including DoD mentor-protégé program provisions, defense contracting requirements, and updated procurement procedures that affect federal contractors. The rule primarily addresses technical and procedural updates to federal acquisition regulations affecting government contractors, with minor impacts on small business and defense contracting. The company's risk factors focus on financial, operational, and cybersecurity issues, with only one regulatory compliance risk mentioned generically, showing minimal direct overlap with the specific technical amendments in this rule.
PARSONS CORP
Parsons Corp operates extensively as a federal contractor in defense and infrastructure sectors, directly engaging with DoD contracts and small business programs affected by this rule's updates to mentor-protégé relationships, subcontracting allowances, and form requirements. The rule directly addresses the company's compliance with procurement rules risk by updating Federal Acquisition Regulation requirements that contractors must follow, including DoD mentor-protégé program clarifications and OFAC web address updates. It also impacts the company's dependence on government contracts through changes to small business contracting procedures and defense subcontracting allowances.
Science Applications International Corp
SAIC operates extensively as a federal contractor and subcontractor primarily serving defense and civilian government agencies, directly aligning with multiple aspects of this FAR technical amendment rule. The company's defense contracting work and subcontracting relationships make it directly affected by the DoD Mentor-Protégé Program clarifications, updated web address requirements, and small business contracting provisions. The rule's primary impacts on DoD mentor-protégé programs, small business contracting requirements, and updated web addresses for government systems show weak alignment with the company's risk profile. While the company has regulatory compliance risks and dependence on government contracts, these specific technical amendments address procedural updates rather than substantive compliance obligations that would materially affect the company's identified risk factors.