A new Federal Acquisition Circular (FAC) 2023-02 was published in the Federal Register on February 14, 2023. The list of final rules, all effective March 16, 2023, include:

Accelerated Payments Applicable to Contracts with Certain Small Business Concerns (FAR Case 2020–007); amends the FAR to provide accelerated payments to contractors that are small businesses, contractors that subcontract with small businesses, and to small business subcontractors. 

Required Actions

• COs are encouraged to review the new regulatory text at FAR 32.009.
• COs must include the revised clauses at FAR 52.212-5, 52.213-4, and 52.232-40 in new solicitations and contracts awarded on or after March 16, 2023, as applicable.

Small Business Program Amendments (FAR Case 2019-008); amends the FAR to implement various updates to SBA regulations related to: the timing of certain small business size determinations; exercising 8(a) contract option periods; the size standard for IT value-added resellers under NAICS 541519; and new grounds for socioeconomic status protests.

Required Actions

• COs must include the revised provisions and clauses at FAR 52.204-8, 52.212-1, 52.212-5, 52.219-1, 52.219-18, and 52.219-28 in new solicitations and contracts awarded on or after March 16, 2023, as applicable.
• COs must verify a contractor is an SBA-certified 8(a) participant in DSBS or SAM no more than 120 days prior to the end of the fifth year of a long-term 8(a) contract; i f the contractor no longer qualifies as an 8(a) participant, the CO shall not exercise the option.