BILLING CODE: 6820-EP
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 40
[FAR Case 2023-008; Docket No. FAR-2023-0008; Sequence No.
1]
RIN 9000-AO56
Federal Acquisition Regulation: Prohibition on Certain
Semiconductor Products and Services
AGENCY:

Department of Defense (DoD), General Services

Administration (GSA), and National Aeronautics and Space
Administration (NASA).
ACTION:

Advanced notice of proposed rulemaking; extension

of comment period.
SUMMARY:

DoD, GSA, and NASA issued an advance notice of

proposed rulemaking (ANPR) on May 3, 2024, with
considerations for amending the Federal Acquisition
Regulation (FAR) to implement paragraphs (a), (b), and (h)
in section 5949 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 that prohibits
executive agencies from procuring or obtaining certain
products and services that include covered semiconductor
products or services effective December 23, 2027.

The

deadline for submitting comments is being extended from
July 2, 2024, to August 2, 2024, to provide additional time

for interested parties to provide comments on the ANPR.
Additionally, DoD, GSA, and NASA are providing instructions
on how to submit business confidential information within a
public comment, for this ANPR only.
DATES:

For the advanced notice of proposed rulemaking

published on May 3, 2024 (89 FR 36738), submit comments by
August 2, 2024.
ADDRESSES:

Submit comments in response to FAR Case 2023-

008 to the Federal eRulemaking portal at
https://www.regulations.gov by searching for “FAR Case
2023-008”.

Select the link “Comment Now” that corresponds

with “FAR Case 2023-008”.

Follow the instructions provided

on the “Comment Now” screen.

Please include your name,

company name (if any), and “FAR Case 2023-008” on your
attached document.

If your comment cannot be submitted

using https://www.regulations.gov, call or email the points
of contact in the FOR FURTHER INFORMATION CONTACT section
of this document for alternate instructions.
Instructions:

Please submit comments only and cite “FAR

Case 2023-008” in all correspondence related to this case.
Public comments may be submitted as an individual, as an
organization, or anonymously (see frequently asked
questions at https://www.regulations.gov/faq).

Comments

submitted in response to this ANPR will be made publicly
available and are subject to disclosure under the Freedom
of Information Act.

For this reason, please do not include

in your comments information of a confidential nature, such
as sensitive personal information or proprietary
information, or any information that you would not want
publicly disclosed unless you follow the instructions below
for confidential comments.

Summary information of the

public comments received, including any specific comments,
will be posted on regulations.gov.
All filers using the portal should use the name of the
person or entity submitting comments as the name of their
files, in accordance with the instructions below.

Anyone

submitting business confidential/proprietary information
should clearly identify any business
confidential/proprietary portion at the time of submission,
file a statement justifying nondisclosure and referencing
the specific legal authority claimed, and provide a nonconfidential/non-proprietary version of the submission.
Any business confidential information should be in an
uploaded file that has a file name beginning with the
characters “BC.”

Any page containing business confidential

information must be clearly marked “BUSINESS CONFIDENTIAL/
PROPRIETARY” on the top of that page.

The corresponding

non-confidential/ non-proprietary version of those comments
must be clearly marked “PUBLIC.”

The file name of the non-

confidential version should begin with the character “P.”
The “BC” and “P” should be followed by the name of the
person or entity submitting the comments or rebuttal

comments.

All filers should name their files using the

name of the person or entity submitting the comments.

Any

submissions with file names that do not begin with a “BC”
will be assumed to be public and will be made publicly
available through https://www.regulations.gov.
To confirm receipt of your comment(s), please check
https://www.regulations.gov, approximately two to three
days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT:

For clarification of

content, email Farpolicy@gsa.gov or call 202-969-4075.
Please cite FAR Case 2023-008.

For information pertaining

to status, publication schedules, or alternate instructions
for submitting comments if https://www.regulations.gov
cannot be used, contact the Regulatory Secretariat Division
at 202-501-4755 or GSARegSec@gsa.gov.

Please cite FAR Case

2023-008.
SUPPLEMENTARY INFORMATION:
I.

Background
DoD, GSA, and NASA published an advance notice of

proposed rulemaking in the Federal Register at 89 FR 36738
on May 3, 2024.

The comment period is extended to August

2, 2024, to allow additional time for interested parties to
develop comments on the rule.

Additionally, DoD, GSA, and

NASA are providing instructions for how the public may
submit business confidential information within a public
comment, for this ANPR only.

List of Subjects in 48 CFR Part 40
Government procurement.

William F. Clark,
Director,
Office of Government-wide
Acquisition Policy,
Office of Acquisition Policy,
Office of Government-wide Policy.
[FR Doc. 2024-13819 Filed: 6/25/2024 8:45 am; Publication Date: 6/26/2024]