2024-02799. Federal Acquisition Regulation; Federal Acquisition Circular 2024-03; Small Entity Compliance Guide

AGENCY:

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

ACTION:

Small Entity Compliance Guide (SECG).

SUMMARY:

This document is issued under the joint authority of DoD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2024–03, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2024–03, which precedes this document.

DATES:

February 23, 2024.

ADDRESSES:

The FAC, including the SECG, is available at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2024–03 and the FAR Case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755 or [e-mail]. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared.

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 preceding these item 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.