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FAC 2023-02 Effective 3/16/2023 - FAR Changes

FAC 2023-02, published 2/14/2023 and effective 3/16/2023, includes the following final rules amending the FAR:


FAR Case 2019-008, Small Business Program Amendments -- Implements regulatory changes proposed by the SBA to include the timing of the determination of size status for multiple-award contracts for which price is not evaluated at the contract level; the grounds for size status protests; and the grounds for socioeconomic status protests. FAR changes made by this rule apply to solicitations issued on or after the effective date of the change unless otherwise specified. Details are found at: https://lnkd.in/gxej2_Y9


FAR Case 2020-007, Accelerated Payments Applicable to Contracts with Certain Small Business Concerns - Implements section 873 of the NDAA for FY 2020. Requires agencies to establish an accelerated payment date for small business prime contractors, to the fullest extent permitted by law, with a goal of 15 days after receipt of a proper invoice, if a specific payment date is not established by contract.


Also requires that, to the fullest extent permitted by law, the head of an agency establish an accelerated payment date for prime contractors that subcontract with small businesses, with a goal of 15 days after receipt of a proper invoice, if—


(1) A specific payment date is not established by contract; and

(2) The contractor agrees to make accelerated payments to the subcontractor without any further consideration from, or fees charged to, the subcontractor.


Excludes DoD contracts from the condition reflected in the language “a specific payment date is not established by contract” as allowed by 10 U.S.C. 3801.




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