80_FR_31447 80 FR 31342 - Federal Acquisition Regulation; Definition of Multiple-Award Contract

80 FR 31342 - Federal Acquisition Regulation; Definition of Multiple-Award Contract

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 105 (June 2, 2015)

Page Range31342-31343
FR Document2015-13424

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to define multiple-award contract.

Federal Register, Volume 80 Issue 105 (Tuesday, June 2, 2015) 
[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Proposed Rules]
[Pages 31342-31343]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13424]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 2

[FAR Case 2015-019; Docket No. 2015-0019; Sequence No. 1]
RIN 9000-AM96


Federal Acquisition Regulation; Definition of Multiple-Award 
Contract

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to define multiple-award contract.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addresses shown below on or before 
August 3, 2015 to be considered in the formation of the final rule.

ADDRESSES: Submit comments in response to FAR Case 2015-019 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2015-019''. Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2015-019.'' Follow the instructions provided at the ``Comment 
Now'' screen. Please include your name, company name (if any), and 
``FAR Case 2015-019'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR Case 2015-
019, in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement 
Analyst, at 703-605-2868, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAR Case 2015-019.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 2, 2013, the U.S. Small Business Administration (SBA) 
issued a final rule establishing new policies and procedures for 
multiple-award contracts and task and delivery orders in the Federal 
Register at 78 FR 61114. The final rule implemented several provisions 
of the Small Business Jobs Act of 2010, Public Law 111-240. Section 
1311 of Public Law 111-240 (15 U.S.C. 632(v)) added a definition of 
``multiple award contract''. The SBA final rule included a definition 
of ``multiple award contract'' at 13 CFR 125.1(k).

II. Proposed FAR Change

    The purpose of the proposed FAR change is to define multiple-award 
contract. The proposed FAR change would add a definition of multiple-
award contract to FAR subpart 2.1, Definitions.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits

[[Page 31343]]

(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). E.O. 13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. This is not a 
significant regulatory action and, therefore was not subject to review 
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The change is not expected to have a significant economic impact on 
a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The Initial 
Regulatory Flexibility Analysis (IRFA) is summarized as follows:

    DoD, GSA, and NASA are proposing to amend the FAR to define 
multiple-award contract. On October 2, 2013, the Small Business 
Administration (SBA) issued a final rule (78 FR 61114) to implement 
various sections of the Small Business Jobs Act of 2010 (Pub. L. 
111-240) by establishing new policies and procedures for multiple-
award contracts and task and delivery orders. SBA's final rule 
included a definition of multiple-award contract. This proposed rule 
defines multiple-award contract to implement that part of SBA's 
final rule in the FAR.
    The objective of this proposed rule is to implement a statutory 
requirement. The authorizing legislation is Section 1311 of the 
Small Business Jobs Act of 2010 (Pub. L. 111-240).
    This rule is not expected to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The proposed rule 
applies to all entities who do business with the Federal Government, 
but it is not expected to have a significant impact.
    This rule does not impose any new reporting, recordkeeping or 
other compliance requirements. The rule does not duplicate, overlap, 
or conflict with any other Federal rules.

    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, 
and NASA invite comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the rule in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-019), 
in correspondence.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subject in 48 CFR Part 2

    Government procurement.

    Dated: May 28, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR part 2 as set 
forth below:

PART 2--DEFINITIONS OF WORDS AND TERMS

0
1. The authority citation for 48 CFR part 2 continues to read as 
follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

0
2. Amend section 2.101 in paragraph (b) by adding, in alphabetical 
order, the definition ``Multiple-award contract'', to read as follows:


2.101  Definitions.

* * * * *
    (b) * * *
    (2) * * *
    Multiple-award contract means a contract that is--
    (1) A Multiple Award Schedule contract issued by GSA (e.g., GSA 
Schedule Contract) or agencies granted Multiple Award Schedule contract 
authority by GSA (e.g., Department of Veterans Affairs) as described in 
FAR part 38;
    (2) A multiple-award task-order or delivery-order contract issued 
in accordance with FAR subpart 16.5, including Governmentwide 
acquisition contracts; or
    (3) Any other indefinite-delivery, indefinite-quantity contract 
entered into with two or more sources pursuant to the same 
solicitation.
* * * * *
[FR Doc. 2015-13424 Filed 6-1-15; 8:45 am]
 BILLING CODE 6820-EP-P

31342 Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules List of Subjects in 40 CFR Part 271 electronically at http:// ADDRESSES: Submit comments in Environmental protection, www.regulations.gov or in hard copy at response to FAR Case 2015–019 by any Administrative practice and procedure, the Water Docket in the EPA Docket of the following methods: Center, EPA/DC, EPA West, Room 3334, • Regulations.gov: http:// Confidential business information, 1301 Constitution Ave. NW., www.regulations.gov. Submit comments Hazardous materials transportation, Washington, DC. The Public Reading via the Federal eRulemaking portal by Hazardous waste, Indians-lands, Room is open from 8:30 a.m. to 4:30 searching for ‘‘FAR Case 2015–019’’. Intergovernmental relations, Penalties, p.m., Monday through Friday, excluding Select the link ‘‘Comment Now’’ that Reporting and recordkeeping legal holidays. The telephone number corresponds with ‘‘FAR Case 2015– requirements. 019.’’ Follow the instructions provided for the Public Reading Room is 202– Authority 566–1744, and the telephone number for at the ‘‘Comment Now’’ screen. Please the Water Docket is 202–566–2426. The include your name, company name (if This proposed action is issued under EPA has established the official public any), and ‘‘FAR Case 2015–019’’ on your the authority of sections 2002(a), 3006 docket No. EPA–HQ–OW–2014–0598. attached document. and 7004(b) of the Solid Waste Disposal • Mail: General Services Act, as amended, 42 U.S.C. 6912(a), FOR FURTHER INFORMATION CONTACT: Lisa Administration, Regulatory Secretariat 6926, 6974(b). Biddle, Engineering and Analysis (MVCB), ATTN: Ms. Flowers, 1800 F Dated: May 18, 2015. Division (4303T), Office of Water, Street NW., 2nd Floor, Washington, DC Environmental Protection Agency, 1200 Dennis J. McLerran, 20405. Pennsylvania Ave. NW., Washington, Instructions: Please submit comments Regional Administrator, EPA Region 10. DC 20460–0001; telephone: 202–566– [FR Doc. 2015–12932 Filed 6–1–15; 8:45 am] only and cite FAR Case 2015–019, in all 0350; email: biddle.lisa@epa.gov. correspondence related to this case. All BILLING CODE 6560–50–P List of Subjects in 40 CFR Part 435 comments received will be posted without change to http:// Environmental protection, ENVIRONMENTAL PROTECTION www.regulations.gov, including any Pretreatment, Waste treatment and AGENCY personal and/or business confidential disposal, Water pollution control, information provided. Unconventional oil and gas extraction. 40 CFR Part 435 FOR FURTHER INFORMATION CONTACT: Ms. Dated: May 21, 2015. Mahruba Uddowla, Procurement [EPA–HQ–OW–2014–0598; FRL–9928– Kenneth J. Kopocis, 58–OW] Analyst, at 703–605–2868, for Deputy Assistant Administrator, Office of clarification of content. For information RIN 2040–AF35 Water. pertaining to status or publication [FR Doc. 2015–13414 Filed 6–1–15; 8:45 am] schedules, contact the Regulatory Effluent Limitations Guidelines and BILLING CODE 6560–50–P Secretariat at 202–501–4755. Please cite Standards for the Oil and Gas FAR Case 2015–019. Extraction Point Source Category; SUPPLEMENTARY INFORMATION: Extension of Comment Period DEPARTMENT OF DEFENSE I. Background AGENCY: Environmental Protection Agency (EPA). GENERAL SERVICES On October 2, 2013, the U.S. Small ADMINISTRATION Business Administration (SBA) issued a ACTION: Proposed rule, extension of the final rule establishing new policies and public-comment period. NATIONAL AERONAUTICS AND procedures for multiple-award contracts SUMMARY: The Environmental Protection SPACE ADMINISTRATION and task and delivery orders in the Agency (EPA) received requests for an Federal Register at 78 FR 61114. The extension of the period for providing 48 CFR Part 2 final rule implemented several comments on the proposed rule entitled provisions of the Small Business Jobs [FAR Case 2015–019; Docket No. 2015– Act of 2010, Public Law 111–240. ‘‘Effluent Limitations Guidelines and 0019; Sequence No. 1] Standards for the Oil and Gas Extraction Section 1311 of Public Law 111–240 (15 Point Source Category,’’ published in RIN 9000–AM96 U.S.C. 632(v)) added a definition of the Federal Register on April 7, 2015. ‘‘multiple award contract’’. The SBA EPA extends the comment period in Federal Acquisition Regulation; final rule included a definition of order to provide the public additional Definition of Multiple-Award Contract ‘‘multiple award contract’’ at 13 CFR time to submit comments and 125.1(k). AGENCY: Department of Defense (DoD), supporting information. General Services Administration (GSA), II. Proposed FAR Change DATES: Comments: The public comment and National Aeronautics and Space The purpose of the proposed FAR period for the proposed rule published Administration (NASA). change is to define multiple-award April 7, 2015, (80 FR 18557, is being ACTION: Proposed rule. contract. The proposed FAR change extended to July 17, 2015. would add a definition of multiple- ADDRESSES: Comments: Written SUMMARY: DoD, GSA, and NASA are award contract to FAR subpart 2.1, comments on the proposed rule may be proposing to amend the Federal Definitions. Acquisition Regulation (FAR) to define tkelley on DSK3SPTVN1PROD with PROPOSALS submitted to the EPA electronically, by mail, by facsimile or through hand multiple-award contract. III. Executive Orders 12866 and 13563 delivery/courier. Please refer to the DATES: Interested parties should submit Executive Orders (E.O.s) 12866 and proposal (80 FR 18557) for the addresses written comments to the Regulatory 13563 direct agencies to assess all costs and detailed instructions. Secretariat at one of the addresses and benefits of available regulatory Docket. Publically available shown below on or before August 3, alternatives and, if regulation is documents relevant to this action are 2015 to be considered in the formation necessary, to select regulatory available for public inspection either of the final rule. approaches that maximize net benefits VerDate Sep<11>2014 16:57 Jun 01, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\02JNP1.SGM 02JNP1

Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules 31343 (including potential economic, (FAR Case 2015–019), in DEPARTMENT OF COMMERCE environmental, public health and safety correspondence. effects, distributive impacts, and National Oceanic and Atmospheric equity). E.O. 13563 emphasizes the V. Paperwork Reduction Act Administration importance of quantifying both costs The rule does not contain any and benefits, of reducing costs, of 50 CFR Part 648 information collection requirements that harmonizing rules, and of promoting require the approval of the Office of [Docket No: 110907562–5455–02] flexibility. This is not a significant Management and Budget under the RIN 0648–BB40 regulatory action and, therefore was not Paperwork Reduction Act (44 U.S.C. subject to review under section 6(b) of chapter 35). Magnuson-Stevens Fishery E.O. 12866, Regulatory Planning and Conservation and Management Act Review, dated September 30, 1993. This List of Subject in 48 CFR Part 2 Provisions; Fisheries of the rule is not a major rule under 5 U.S.C. Government procurement. Northeastern United States; Omnibus 804. Amendment To Simplify Vessel IV. Regulatory Flexibility Act Dated: May 28, 2015. Baselines William Clark, The change is not expected to have a AGENCY: National Marine Fisheries significant economic impact on a Director, Office of Government-wide Service (NMFS), National Oceanic and substantial number of small entities Acquisition Policy, Office of Acquisition Atmospheric Administration (NOAA), within the meaning of the Regulatory Policy, Office of Government-wide Policy. Commerce. Flexibility Act, 5 U.S.C. 601, et seq. The Therefore, DoD, GSA, and NASA ACTION: Proposed rule; request for Initial Regulatory Flexibility Analysis propose amending 48 CFR part 2 as set comments. (IRFA) is summarized as follows: forth below: SUMMARY: NMFS proposes to approve an DoD, GSA, and NASA are proposing to amend the FAR to define multiple-award Omnibus Amendment to the Fishery PART 2—DEFINITIONS OF WORDS contract. On October 2, 2013, the Small Management Plans of the Northeastern AND TERMS Business Administration (SBA) issued a final United States to simplify vessel rule (78 FR 61114) to implement various baselines. This Omnibus Amendment to sections of the Small Business Jobs Act of ■ 1. The authority citation for 48 CFR Simplify Vessel Baselines, which was 2010 (Pub. L. 111–240) by establishing new part 2 continues to read as follows: submitted by the Mid-Atlantic and New policies and procedures for multiple-award Authority: 40 U.S.C. 121(c); 10 U.S.C. England Fishery Management Councils, contracts and task and delivery orders. SBA’s would eliminate the one-time limit on chapter 137; and 51 U.S.C. 20113. final rule included a definition of multiple- award contract. This proposed rule defines vessel upgrades and remove gross and ■ 2. Amend section 2.101 in paragraph net tonnages from the vessel baseline multiple-award contract to implement that part of SBA’s final rule in the FAR. (b) by adding, in alphabetical order, the specifications that are considered when The objective of this proposed rule is to definition ‘‘Multiple-award contract’’, to determining a vessel’s baseline for implement a statutory requirement. The read as follows: replacement purposes. Implementing authorizing legislation is Section 1311 of the these measures would reduce the Small Business Jobs Act of 2010 (Pub. L. 2.101 Definitions. administrative burden to permit holders 111–240). * * * * * and NMFS and would have little effect This rule is not expected to have a on fleet capacity. significant economic impact on a substantial (b) * * * This proposed rule would also number of small entities within the meaning (2) * * * of the Regulatory Flexibility Act, 5 U.S.C. remove the requirement for vessels to 601, et seq. The proposed rule applies to all Multiple-award contract means a send in negative fishing reports (i.e., entities who do business with the Federal contract that is— ‘‘did not fish’’ reports) during months or Government, but it is not expected to have (1) A Multiple Award Schedule weeks when fishing did not occur. a significant impact. NMFS no longer needs these reports due contract issued by GSA (e.g., GSA This rule does not impose any new to improved trip-level matching. reporting, recordkeeping or other compliance Schedule Contract) or agencies granted Therefore, NMFS is proposing to requirements. The rule does not duplicate, Multiple Award Schedule contract remove this requirement to simplify the overlap, or conflict with any other Federal authority by GSA (e.g., Department of regulations and reduce reporting rules. Veterans Affairs) as described in FAR burdens for the industry. The Regulatory Secretariat has part 38; DATES: Written comments must be submitted a copy of the IRFA to the (2) A multiple-award task-order or received on or before July 17, 2015. Chief Counsel for Advocacy of the Small delivery-order contract issued in ADDRESSES: You may submit comments Business Administration. A copy of the accordance with FAR subpart 16.5, on this document, identified by NOAA– IRFA may be obtained from the including Governmentwide acquisition NMFS–2011–0213, by either of the Regulatory Secretariat. DoD, GSA, and contracts; or following methods: NASA invite comments from small ELECTRONIC SUBMISSION: Submit business concerns and other interested (3) Any other indefinite-delivery, indefinite-quantity contract entered into all electronic public comments via the parties on the expected impact of this Federal e-Rulemaking Portal. with two or more sources pursuant to tkelley on DSK3SPTVN1PROD with PROPOSALS rule on small entities. 1. Go to www.regulations.gov/ DoD, GSA, and NASA will also the same solicitation. #!docketDetail;D=NOAA-NMFS-2011- consider comments from small entities * * * * * 0213, concerning the existing regulations in [FR Doc. 2015–13424 Filed 6–1–15; 8:45 am] 2. Click the ‘‘Comment Now!’’ icon, subparts affected by the rule in BILLING CODE 6820–EP–P complete the required fields, accordance with 5 U.S.C. 610. Interested 3. Enter or attach your comments. parties must submit such comments Instructions: Comments sent by any separately and should cite 5 U.S.C. 610 other method, to any other address or VerDate Sep<11>2014 16:57 Jun 01, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\02JNP1.SGM 02JNP1


Document Created: 2015-12-15 15:12:37
Document Modified: 2015-12-15 15:12:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesInterested parties should submit written comments to the
ContactMs. Mahruba Uddowla, Procurement Analyst, at 703-605-2868, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAR Case 2015-019.
FR Citation80 FR 31342 
RIN Number9000-AM96
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR