80 FR 81887 - Federal Acquisition Regulation; Definition of “Multiple-Award Contract”

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 251 (December 31, 2015)

DoD, GSA, and NASA are issuing a final rule to amend the Federal Acquisition Regulation (FAR) to define ``multiple-award contract.''

[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Rules and Regulations]
[Pages 81887-81888]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32427]



[[Page 81887]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 2

[FAC 2005-86; FAR Case 2015-019; Item I; Docket 2015-0019, Sequence 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: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule to amend the 
Federal Acquisition Regulation (FAR) to define ``multiple-award 
contract.''

DATES: Effective: February 1, 2016.

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 Division at 202-501-4755. Please cite FAC 2005-86, FAR Case 
2015-019.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 80 FR 31342 on June 2, 2015, soliciting public comments 
regarding the definition of the term ``multiple-award contract.'' The 
proposed rule was implementing the definition that the U.S. Small 
Business Administration (SBA) established at 13 CFR 125.1(k) in its 
final rule which published in the Federal Register at 78 FR 61114 on 
October 2, 2013. SBA's final rule implemented several provisions of the 
Small Business Jobs Act of 2010, Pub. L. 111-240. Section 1311 of Pub. 
L. 111-240 (15 U.S.C. 632(v)) added a definition of ``multiple-award 
contract.'' One respondent submitted a comment on the proposed rule.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the comment in the 
development of the final rule. A discussion of the comment is provided 
as follows:

A. Summary of Significant Changes

    There were no changes made to the rule as a result of the comment 
received. There were no comments on the Regulatory Flexibility Act 
analysis.

B. Analysis of Public Comments

    Comment: One respondent stated that based on the proposed 
definition, any award made to multiple sources from one solicitation is 
a multiple award, even when the requirement is split between offerors 
and none of the subsequent task orders are competed because each 
offeror gets part of the overall requirement in the solicitation. The 
respondent requested that the FAR definition clarify that a multiple-
award contract is one that should be subject to fair opportunity.
    Response: FAR 16.505(b)(1) provides information concerning fair 
opportunity. Additional clarity is not needed for the definition of 
``multiple-award contract'' concerning fair opportunity since it is 
already provided at FAR 16.505(b)(1).

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 (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

    DoD, GSA, and NASA have prepared a Final Regulatory Flexibility 
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. The FRFA is summarized as follows:

    The final rule amends the FAR to define ``multiple-award 
contract.'' On October 2, 2013, the Small Business Administration 
(SBA) issued a final rule in the Federal Register at 78 FR 61114 to 
implement various sections of the Small Business Jobs Act of 2010 
(Public 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''. The final 
rule defines ``multiple-award contract'' in order to implement that 
part of SBA's final rule in the FAR.
    There were no significant issues raised by the public in 
response to the Initial Regulatory Flexibility Analysis provided in 
the proposed rule.
    This rule applies to all entities that 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.

    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy 
of the FRFA to the Chief Counsel for Advocacy of the Small Business 
Administration.

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: December 17, 2015.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 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)(2) 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

[[Page 81888]]

with two or more sources pursuant to the same solicitation.
* * * * *

[FR Doc. 2015-32427 Filed 12-30-15; 8:45 am]
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