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)

Page Range		81887-81888
FR Document		2015-32427

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 Issue 251 (Thursday, December 31, 2015)

[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.

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

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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Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations 81887

DEPARTMENT OF DEFENSE A. Summary of Significant Changes There were no significant issues raised by
the public in response to the Initial
There were no changes made to the Regulatory Flexibility Analysis provided in
GENERAL SERVICES rule as a result of the comment received.
ADMINISTRATION the proposed rule.
There were no comments on the This rule applies to all entities that do
Regulatory Flexibility Act analysis. business with the Federal Government, but it
NATIONAL AERONAUTICS AND is not expected to have a significant impact.
SPACE ADMINISTRATION B. Analysis of Public Comments This rule does not impose any new
Comment: One respondent stated that reporting, recordkeeping or other compliance
48 CFR Part 2 based on the proposed definition, any requirements. The rule does not duplicate,
award made to multiple sources from overlap, or conflict with any other Federal
[FAC 2005–86; FAR Case 2015–019; Item
one solicitation is a multiple award, rules.
I; Docket 2015–0019, Sequence 1]
even when the requirement is split Interested parties may obtain a copy
RIN 9000–AM96 between offerors and none of the of the FRFA from the Regulatory
subsequent task orders are competed Secretariat. The Regulatory Secretariat
Federal Acquisition Regulation;
because each offeror gets part of the has submitted a copy of the FRFA to the
Definition of ‘‘Multiple-Award
overall requirement in the solicitation. Chief Counsel for Advocacy of the Small
Contract’’
The respondent requested that the FAR Business Administration.
AGENCY: Department of Defense (DoD), definition clarify that a multiple-award
General Services Administration (GSA), contract is one that should be subject to V. Paperwork Reduction Act
and National Aeronautics and Space fair opportunity. The rule does not contain any
Administration (NASA). Response: FAR 16.505(b)(1) provides information collection requirements that
ACTION: Final rule. information concerning fair require the approval of the Office of
opportunity. Additional clarity is not Management and Budget under the
SUMMARY: DoD, GSA, and NASA are needed for the definition of ‘‘multiple- Paperwork Reduction Act (44 U.S.C.
issuing a final rule to amend the Federal award contract’’ concerning fair chapter 35).
Acquisition Regulation (FAR) to define opportunity since it is already provided
‘‘multiple-award contract.’’ at FAR 16.505(b)(1). List of Subject in 48 CFR Part 2
DATES: Effective: February 1, 2016. Government procurement.
III. Executive Orders 12866 and 13563
FOR FURTHER INFORMATION CONTACT: Ms. Dated: December 17, 2015.
Executive Orders (E.O.s) 12866 and
Mahruba Uddowla, Procurement 13563 direct agencies to assess all costs William F. Clark,
Analyst, at 703–605–2868, for and benefits of available regulatory Director, Office of Government-wide
clarification of content. For information alternatives and, if regulation is Acquisition Policy, Office of Acquisition
pertaining to status or publication Policy, Office of Government-wide Policy.
necessary, to select regulatory
schedules, contact the Regulatory approaches that maximize net benefits Therefore, DoD, GSA, and NASA
Secretariat Division at 202–501–4755. (including potential economic, amend 48 CFR part 2 as set forth below:
Please cite FAC 2005–86, FAR Case environmental, public health and safety
2015–019. effects, distributive impacts, and PART 2—DEFINITIONS OF WORDS
SUPPLEMENTARY INFORMATION: equity). E.O. 13563 emphasizes the AND TERMS
I. Background importance of quantifying both costs ■ 1. The authority citation for 48 CFR
and benefits, of reducing costs, of part 2 continues to read as follows:
DoD, GSA, and NASA published a harmonizing rules, and of promoting
proposed rule in the Federal Register at flexibility. This is not a significant Authority: 40 U.S.C. 121(c); 10 U.S.C.
80 FR 31342 on June 2, 2015, soliciting regulatory action and, therefore, was not chapter 137; and 51 U.S.C. 20113.
public comments regarding the subject to review under section 6(b) of ■ 2. Amend section 2.101 in paragraph
definition of the term ‘‘multiple-award E.O. 12866, Regulatory Planning and (b)(2) by adding, in alphabetical order,
contract.’’ The proposed rule was Review, dated September 30, 1993. This the definition ‘‘Multiple-award
implementing the definition that the rule is not a major rule under 5 U.S.C. contract’’ to read as follows:
U.S. Small Business Administration 804.
(SBA) established at 13 CFR 125.1(k) in 2.101 Definitions.
its final rule which published in the IV. Regulatory Flexibility Act * * * * *
Federal Register at 78 FR 61114 on DoD, GSA, and NASA have prepared (b) * * *
October 2, 2013. SBA’s final rule a Final Regulatory Flexibility Analysis (2) * * *
implemented several provisions of the (FRFA) consistent with the Regulatory Multiple-award contract means a
Small Business Jobs Act of 2010, Pub. L. Flexibility Act, 5 U.S.C. 601, et seq. The contract that is—
111–240. Section 1311 of Pub. L. 111– FRFA is summarized as follows: (1) A Multiple Award Schedule
240 (15 U.S.C. 632(v)) added a contract issued by GSA (e.g., GSA
The final rule amends the FAR to define
definition of ‘‘multiple-award contract.’’ ‘‘multiple-award contract.’’ On October 2, Schedule Contract) or agencies granted
One respondent submitted a comment 2013, the Small Business Administration Multiple Award Schedule contract
on the proposed rule. (SBA) issued a final rule in the Federal authority by GSA (e.g., Department of
Register at 78 FR 61114 to implement various Veterans Affairs) as described in FAR
II. Discussion and Analysis sections of the Small Business Jobs Act of part 38;
The Civilian Agency Acquisition 2010 (Public L. 111–240) by establishing new (2) A multiple-award task-order or
tkelley on DSK3SPTVN1PROD with RULES2

Council and the Defense Acquisition policies and procedures for multiple-award delivery-order contract issued in
Regulations Council (the Councils) contracts and task and delivery orders. SBA’s
final rule included a definition of ‘‘multiple-
accordance with FAR subpart 16.5,
reviewed the comment in the award contract’’. The final rule defines including Governmentwide acquisition
development of the final rule. A ‘‘multiple-award contract’’ in order to contracts; or
discussion of the comment is provided implement that part of SBA’s final rule in the (3) Any other indefinite-delivery,
as follows: FAR. indefinite-quantity contract entered into

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81888 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations

with two or more sources pursuant to 1800 F Street NW., 2nd Floor, published in the Federal Register at 77
the same solicitation. Washington, DC 20405. FR 12913, on March 2, 2012. The
* * * * * Instructions: Please submit comments establishment of a set-aside mechanism
[FR Doc. 2015–32427 Filed 12–30–15; 8:45 am]
only and cite FAC 2005–86, FAR Case exclusively for women-owned small
2015–032, in all correspondence related businesses was the first step towards
BILLING CODE 6820–EP–P
to this case. All comments received will leveling the playing field among the
be posted without change to http:// socioeconomic programs covered by the
DEPARTMENT OF DEFENSE www.regulations.gov, including any Small Business Act, i.e., the HUBZone,
personal and/or business confidential service-disabled veteran-owned small-
GENERAL SERVICES information provided. To confirm business, 8(a), and WOSB programs.
ADMINISTRATION receipt of your comment(s), please
check www.regulations.gov, The WOSB Program was subsequently
approximately two to three days after amended in section 825 of the NDAA
NATIONAL AERONAUTICS AND
submission to verify posting (except for FY2015, which granted contracting
SPACE ADMINISTRATION
allow 30 days for posting of comments officers the authority to award sole
submitted by mail). source contracts to EDWOSB concerns
48 CFR Parts 2, 4, 6, 18, 19, and 52
and WOSB concerns eligible under the
FOR FURTHER INFORMATION CONTACT: Ms.
[FAC 2005–86; FAR Case 2015–032; Item WOSB Program. SBA established
Mahruba Uddowla, Procurement
II; Docket No. 2015–0032; Sequence No. 1] procedures for this new statutory
Analyst, at 703–605–2868 for
clarification of content. For information authority in its final rule published in
RIN 9000–AN13 the Federal Register at 80 FR 55019, on
pertaining to status or publication
schedules, contact the Regulatory September 14, 2015. As in SBA’s earlier
Federal Acquisition Regulation; Sole
Secretariat Division at 202–501–4755. WOSB Program set-aside rule, sole
Source Contracts for Women-Owned
Please cite FAC 2005–86, FAR Case source awards under the WOSB
Small Businesses
2015–032. program are only permitted in the
AGENCY: Department of Defense (DoD), industries that SBA has determined to
SUPPLEMENTARY INFORMATION:
General Services Administration (GSA), be underrepresented or substantially
and the National Aeronautics and Space I. Background underrepresented by WOSB concerns.
Administration (NASA). This interim rule revises the FAR to Implementation of these sole source
ACTION: Interim rule. implement regulatory changes that the procedures in the FAR ensures that
SBA has made in its final rule published contracting officers will have the tools
SUMMARY: DoD, GSA, and NASA are in the Federal Register at 80 FR 55019, necessary to maximize Federal
issuing an interim rule amending the on September 14, 2015, concerning sole procurement opportunities for WOSB
Federal Acquisition Regulation (FAR) to source award authority under the WOSB concerns.
implement regulatory changes made by Program. SBA’s final rule implements
the Small Business Administration II. Discussion and Analysis
the statutory requirements of paragraph
(SBA) that provide for authority to (a)(3) of section 825 of the Carl Levin In keeping with the tenets of the
award sole source contracts to and Howard P. ‘‘Buck’’ McKeon WOSB Program, the sole source
economically disadvantaged women- National Defense Authorization Act authority may only be used in industry
owned small business concerns and to (NDAA) for Fiscal Year (FY) 2015, sectors that SBA has determined to be
women-owned small business concerns Public Law 113–291, granting
eligible under the Women-Owned Small underrepresented or substantially
contracting officers the authority to underrepresented by WOSB concerns.
Business (WOSB) Program. award sole source contracts to both The same eligibility requirements for
DATES: Effective: December 31, 2015. economically disadvantaged women- participating in set-asides under the
Comment date: Interested parties owned small business (EDWOSB) WOSB Program, set forth in SBA’s
should submit written comments to the concerns and to WOSB concerns eligible regulations at 13 CFR 127.100 through
Regulatory Secretariat Division at one of under the WOSB Program. 127.509, also apply to sole source
the addresses shown below on or before The WOSB Program, as set forth in acquisitions. In general, an award under
February 29, 2016 to be considered in section 8(m) of the Small Business Act the WOSB program may be pursued on
the formation of the final rule. (15 U.S.C. 637(m)), authorizes a sole source basis when the contracting
ADDRESSES: Submit comments contracting officers to restrict officer does not have a reasonable
identified by FAC 2005–86, FAR Case competition to EDWOSB concerns and expectation, through market research,
2015–032, by any of the following to WOSB concerns eligible under the that two or more eligible EDWOSB or
methods: WOSB Program for Federal contracts, in WOSB concerns will submit offers at a
• Regulations.gov: http:// certain industries that SBA has fair and reasonable price, but identifies
www.regulations.gov. Submit comments determined to be underrepresented or
one responsible EDWOSB or WOSB that
via the Federal eRulemaking portal by substantially underrepresented by small
can perform at a fair and reasonable
searching for ‘‘FAR Case 2015–032.’’ business concerns owned and
price. The dollar thresholds for sole
Select the link ‘‘Comment Now’’ that controlled by women. DoD, GSA, and
source awards are equal to or less than
corresponds with ‘‘FAR Case 2015– NASA published an interim rule for
$6.5 million for manufacturing
032.’’ Follow the instructions provided FAR Case 2010–015 in the Federal
on the screen. Please include your Register at 76 FR 18304, on April 1, requirements and equal to or less than
tkelley on DSK3SPTVN1PROD with RULES2

name, company name (if any), and 2011, providing guidance to contracting $4 million for all other requirements,
‘‘FAR Case 2015–032’’ on your attached officers for the set-asides and including all options.
document. implementing SBA’s final rule, This rule amends FAR subparts 2.1,
• Mail: General Services published in the Federal Register at 75 4.8, 6.3, 18.1, 19.0, 19.1, 19.3, 19.15, and
Administration, Regulatory Secretariat FR 62258, on October 7, 2010. The FAR 52.2. These changes are summarized in
Division (MVCB), ATTN: Ms. Flowers, rule was finalized with changes and the following paragraphs:

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Document Created: 2015-12-31 02:14:51
Document Modified: 2015-12-31 02:14:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective: February 1, 2016.
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.
FR Citation		80 FR 81887
RIN Number		9000-AM96

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

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION