By Government Contracts Editorial Staff
An April 6, 2020, letter issued by the General Service Administration Office of Governmentwide Acquisition Policy, CAAC Letter 2020-02, allows agencies to authorize a Federal Acquisition Regulation class deviation to implement section 873 of the National Defense Authorization Act for Fiscal Year 2020 (PL 116-92) to provide for accelerated payments to contractors that are small businesses, and to small business subcontractors, by accelerating payments to their prime contractors. GSA, the Department of Defense, and the National Aeronautics and Space Administration have undertaken rulemaking to formally incorporate this change. The text attached to the letter identifies the anticipated FAR changes. The baseline for the changes is FAC 2005-05. The impacted sections are: FAR 12.301, FAR 32.009 through FAR 32.009-2, FAR 32.903, FAR 32.906, FAR 52.212-5, FAR 52.213-4, FAR 52.232-40, and FAR 52.244-6. This rulemaking will be published in the Federal Register as FAR Case 2020-007, Accelerated Payments Applicable to Contracts with Certain Small Business Concerns. Deviations should remain in effect until the FAR amendments are final.
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