2024-02796. Federal Acquisition Regulation; Federal Acquisition Circular 2024-03; Introduction

AGENCY:

Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

ACTION:

Summary presentation of an interim and final rule.

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) 2024–03. 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 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 [e-mail].

Rules Listed in FAC 2024–03

Item	Subject	FAR case	Analyst
I	Certification of Service-Disabled Veteran-Owned Small Businesses	2022–009	Moore.
II	Trade Agreements Thresholds	2023–012	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 summaries. FAC 2024–03 amends the FAR as follows:

Item I—Certification of Service-Disabled Veteran-Owned Small Businesses (FAR Case 2022–009)

This interim rule amends the Federal Acquisition Regulation to implement the Governmentwide certification requirement for service-disabled veteran-owned small business (SDVOSB) concerns seeking sole-source and set-aside awards under the SDVOSB Program. Beginning January 1, 2024, SDVOSB concerns must either be certified by the Small Business Administration (SBA), or have both submitted an application for certification to SBA on or before December 31, 2023, and represented that it is an SDVOSB in the System for Award Management (SAM), in order to be eligible for sole-source or set-aside awards under the SDVOSB Program. This rule also requires that an SDVOSB concern update its status in the System for Award Management no later than two days after the date of a final determination that the concern does not meet the requirements of the status the concern claims to hold, and provides new SDVOSB protest and appeal procedures. The interim rule will not have a significant economic impact on a substantial number of small entities because the rule simply implements the requirements of SBA's regulations and does not impose any additional compliance burden on entities.

Item II—Trade Agreements Thresholds (FAR Case 2023–012)

This final rule amends the FAR to adjust the thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements as determined by the United States Trade Representative, according to predetermined formulae under the agreements.

William F. Clark,

Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.

Federal Acquisition Circular (FAC) 2024–03 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 2024–03 is effective February 23, 2024.

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, Senior Procurement Executive/Deputy CAO, National Aeronautics and Space Administration.