81 FR 29514 - Federal Acquisition Regulation: Administrative Cost To Issue and Administer a Contract
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 92 (May 12, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 92 (May 12, 2016)
| Page Range | 29514-29515 | |
| FR Document | 2016-11177 |
[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)] [Proposed Rules] [Pages 29514-29515] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11177] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 14 and 52 [FAR Case 2016-003; Docket No. 2016-0003, Sequence No. 1] RIN 9000-AN21 Federal Acquisition Regulation: Administrative Cost To Issue and Administer a Contract AGENCY: Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to revise the estimated administrative cost to award and administer a contract, for the purpose of evaluating bids for multiple awards. DATES: Interested parties should submit written comments to the Regulatory Secretariat Division at one of the addresses shown below on or before July 11, 2016 to be considered in the formation of the final rule. ADDRESSES: Submit comments in response to FAR case 2016-003 by any of the following methods:Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ``FAR Case 2016-003''. Select the link ``Comment Now'' that corresponds with ``FAR Case 2016-003.'' Follow the instructions provided on the screen. Please include your name, company name (if any), and ``FAR Case 2016-003'' on your attached document. Mail: General Services Administration, Regulatory Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405. Instructions: Please submit comments only and cite FAR Case 2016- 003, 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: Mr. Michael O. Jackson, Procurement Analyst, at 202-208-4949 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAR Case 2016-003. SUPPLEMENTARY INFORMATION: I. Background DoD, GSA, and NASA are proposing to revise the provision of the FAR that addresses the Government's cost to award and administer a contract, for the purpose of evaluating bids for multiple awards. The FAR provision at 52.214-22, Evaluation of Bids for Multiple Awards, which was issued in March 1990, reflects that $500 is the administrative cost to the Government for issuing and administering contracts. Based on inflation factors and escalating annual Consumer Price Index (CPI) data available, an upward adjustment of $500 in the provision to $1,000 is a realistic reflection of the actual cost to the Government. We used the CPI calculator at the following web address, http://data.bls.gov/cgi-bin/cpicalc.pl, to calculate the upward adjustment. We plugged in the base line year 1990 and $500 and it came up with $907.00, and we rounded up to $1,000. This cost will be reviewed periodically and updated as deemed appropriate. II. Discussion and Analysis Amendments to FAR subparts 14.2 and 52.2 are proposed by this rulemaking. A monetary adjustment is proposed for FAR 14.201-8, Price Related Factors, and clause 52.214-22, Evaluation of Bids for Multiple Awards. The adjustment from $500 to $1,000 is to reflect a realistic estimate of the cost to the Government to issue and administer a contract. 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 proposed rule is not a major rule under 5 U.S.C. 804. V. Regulatory Flexibility Act DoD, GSA, and NASA do not expect this proposed rule to have a significant [[Page 29515]] economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. However, an Initial Regulatory Flexibility Analysis (IRFA) has been performed. The IRFA is summarized as follows: FAR 14.201-8 and 52.214-22, Evaluation of Bids for Multiple Awards, reflect that $500 is the administrative cost to the Government for issuing and administering contracts. The rule is necessary to reestablish a more realistic estimate of the cost to award and administer a contract, for the purpose of evaluating bids for multiple awards. The current cost to award and administer a contract has not changed since 1990. The objective of this rule is to revise FAR 14.201-8 and 52.214- 22, Evaluation of Bids for Multiple Awards, to include an inflation adjustment based on Consumer Price Index (CPI), http://data.bls.gov/cgi-bin/cpicalc.pldata, since 1990. The adjustment will change the estimated cost to award and administer a contract from $500 to $1,000. According to the Federal Procurement Data System, in Fiscal Year 2015, the Federal Government made approximately 2,019 definitive contract awards to small businesses using sealed bidding procedures and 103 indefinite-delivery contract awards to small businesses using sealed bidding procedures, 12 of which were multiple awards. DoD, GSA, and NASA do not expect this rule 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., because the proposed rule pertains to Government administrative expenses only. There will be no burden on small businesses because this rule change does not place any new requirement on small entities. The Regulatory Secretariat Division 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 Division. 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 consistent with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2016-003), in correspondence. VI. Paperwork Reduction Act This proposed 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 Subjects in 48 CFR Parts 14 and 52 Government procurement. William Clark Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA are proposing to amend 48 CFR parts 14 and 52, as set forth below: 0 1. The authority citation for 48 CFR parts 14 and 52 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 14--SEALED BIDDING 0 2. Amend section 14.201-8 by revising the introductory text and removing from paragraph (c) the term ``$500'' and adding ``$1,000'' in its place. The revision reads as follows. 14.201-8 Price related factors. The factors set forth in paragraphs (a) through (e) of this section may be applicable in evaluation of bids for award and shall be included in the solicitation when applicable (see 14.201-5(c)): * * * * * PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 3. Amend section 52.214-22 by revising the date of the provision and removing from the paragraph the term ``$500'' and adding ``$1,000'' in its place. The revision reads as follows: 52.214-22 Evaluation of Bids for Multiple Awards. * * * * * Evaluation of Bids for Multiple Awards (Date) * * * * * [FR Doc. 2016-11177 Filed 5-11-16; 8:45 am] BILLING CODE 6820-EP-P
![29514 Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Proposed Rules
(k) Other FAA AD Provisions DEPARTMENT OF DEFENSE schedules, contact the Regulatory
The following provisions also apply to this Secretariat Division at 202–501–4755.
AD: GENERAL SERVICES Please cite FAR Case 2016–003.
(1) Alternative Methods of Compliance ADMINISTRATION SUPPLEMENTARY INFORMATION:
(AMOCs): The Manager, International
NATIONAL AERONAUTICS AND I. Background
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to SPACE ADMINISTRATION DoD, GSA, and NASA are proposing
approve AMOCs for this AD, if requested to revise the provision of the FAR that
using the procedures found in 14 CFR 39.19. 48 CFR Parts 14 and 52 addresses the Government’s cost to
In accordance with 14 CFR 39.19, send your award and administer a contract, for the
[FAR Case 2016–003; Docket No. 2016–
request to your principal inspector or local 0003, Sequence No. 1] purpose of evaluating bids for multiple
Flight Standards District Office, as awards. The FAR provision at 52.214–
appropriate. If sending information directly RIN 9000–AN21 22, Evaluation of Bids for Multiple
to the International Branch, send it to ATTN: Awards, which was issued in March
Tom Rodriguez, Aerospace Engineer,
Federal Acquisition Regulation: 1990, reflects that $500 is the
International Branch, ANM–116, Transport
Administrative Cost To Issue and administrative cost to the Government
Airplane Directorate, FAA, 1601 Lind
Administer a Contract for issuing and administering contracts.
Avenue SW., Renton, WA 98057–3356; AGENCY: Department of Defense (DoD), Based on inflation factors and escalating
telephone 425–227–1137; fax: 425–227–1149. General Services Administration (GSA), annual Consumer Price Index (CPI) data
Information may be emailed to: 9-ANM-116- and the National Aeronautics and Space available, an upward adjustment of $500
AMOC-REQUESTS@faa.gov. Before using Administration (NASA). in the provision to $1,000 is a realistic
any approved AMOC, notify your appropriate ACTION: Proposed rule.
reflection of the actual cost to the
principal inspector, or lacking a principal Government. We used the CPI calculator
inspector, the manager of the local flight SUMMARY: DoD, GSA, and NASA are at the following web address, http://
standards district office/certificate holding proposing to amend the Federal data.bls.gov/cgi-bin/cpicalc.pl, to
district office. The AMOC approval letter Acquisition Regulation (FAR) to revise calculate the upward adjustment. We
must specifically reference this AD. the estimated administrative cost to plugged in the base line year 1990 and
(2) Contacting the Manufacturer: For any award and administer a contract, for the $500 and it came up with $907.00, and
requirement in this AD to obtain corrective purpose of evaluating bids for multiple we rounded up to $1,000. This cost will
actions from a manufacturer, the action must awards. be reviewed periodically and updated as
be accomplished using a method approved deemed appropriate.
DATES: Interested parties should submit
by the Manager, International Branch, ANM–
written comments to the Regulatory II. Discussion and Analysis
116, Transport Airplane Directorate, FAA; or
Secretariat Division at one of the
EASA; or ATR—GIE Avions de Transport
addresses shown below on or before Amendments to FAR subparts 14.2
Régional’s EASA DOA. If approved by the and 52.2 are proposed by this
July 11, 2016 to be considered in the
DOA, the approval must include the DOA- rulemaking. A monetary adjustment is
formation of the final rule.
authorized signature. proposed for FAR 14.201–8, Price
ADDRESSES: Submit comments in
(l) Related Information Related Factors, and clause 52.214–22,
response to FAR case 2016–003 by any Evaluation of Bids for Multiple Awards.
(1) Refer to Mandatory Continuing of the following methods: The adjustment from $500 to $1,000 is
Airworthiness Information (MCAI) EASA • Regulations.gov: http://
to reflect a realistic estimate of the cost
Airworthiness Directive 2015–0018, dated www.regulations.gov. Submit comments
to the Government to issue and
February 5, 2015, for related information. via the Federal eRulemaking portal by
administer a contract.
This MCAI may be found in the AD docket searching for ‘‘FAR Case 2016–003’’.
on the Internet at http://www.regulations.gov Select the link ‘‘Comment Now’’ that III. Executive Orders 12866 and 13563
by searching for and locating Docket No. corresponds with ‘‘FAR Case 2016– Executive Orders (E.O.s) 12866 and
FAA–2015–0077. 003.’’ Follow the instructions provided 13563 direct agencies to assess all costs
(2) For service information identified in on the screen. Please include your and benefits of available regulatory
this AD, contact ATR—GIE Avions de name, company name (if any), and alternatives and, if regulation is
Transport Régional, 1, Allée Pierre Nadot, ‘‘FAR Case 2016–003’’ on your attached necessary, to select regulatory
31712 Blagnac Cedex, France; telephone +33 document. approaches that maximize net benefits
(0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; • Mail: General Services (including potential economic,
email continued.airworthiness@atr.fr; Administration, Regulatory Secretariat environmental, public health and safety
Internet http://www.aerochain.com. You may Division (MVCB), ATTN: Ms. Flowers, effects, distributive impacts, and
view this referenced service information at 1800 F Street NW., 2nd Floor, equity). E.O. 13563 emphasizes the
the FAA, Transport Airplane Directorate, Washington, DC 20405. importance of quantifying both costs
1601 Lind Avenue SW., Renton, WA. For Instructions: Please submit comments and benefits, of reducing costs, of
information on the availability of this only and cite FAR Case 2016–003, in all harmonizing rules, and of promoting
material at the FAA, call 425–227–1221. correspondence related to this case. All flexibility. This is not a significant
Issued in Renton, Washington, on May 4, comments received will be posted regulatory action and, therefore, was not
2016. without change to http://
jstallworth on DSK7TPTVN1PROD with PROPOSALS
subject to review under Section 6(b) of
Michael Kaszycki, www.regulations.gov, including any E.O. 12866, Regulatory Planning and
personal and/or business confidential Review, dated September 30, 1993. This
Acting Manager, Transport Airplane
information provided. proposed rule is not a major rule under
Directorate, Aircraft Certification Service.
FOR FURTHER INFORMATION CONTACT: Mr. 5 U.S.C. 804.
[FR Doc. 2016–11096 Filed 5–11–16; 8:45 am]
Michael O. Jackson, Procurement
BILLING CODE 4910–13–P
Analyst, at 202–208–4949 for V. Regulatory Flexibility Act
clarification of content. For information DoD, GSA, and NASA do not expect
pertaining to status or publication this proposed rule to have a significant
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![Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Proposed Rules 29515
economic impact on a substantial List of Subjects in 48 CFR Parts 14 and DEPARTMENT OF COMMERCE
number of small entities within the 52
meaning of the Regulatory Flexibility National Oceanic and Atmospheric
Act, 5 U.S.C. 601, et seq. However, an Government procurement. Administration
Initial Regulatory Flexibility Analysis William Clark
(IRFA) has been performed. The IRFA is 50 CFR Parts 223 and 224
Director, Office of Government-wide
summarized as follows: [Docket No. 160413329–6329–01]
Acquisition Policy, Office of Acquisition
FAR 14.201–8 and 52.214–22, Evaluation Policy, Office of Government-wide Policy. RIN 0648–XE571
of Bids for Multiple Awards, reflect that $500
is the administrative cost to the Government Therefore, DoD, GSA, and NASA are
Endangered and Threatened Wildlife;
for issuing and administering contracts. The proposing to amend 48 CFR parts 14
rule is necessary to reestablish a more 90-Day Finding on a Petition To List
and 52, as set forth below:
realistic estimate of the cost to award and the Taiwanese Humpback Dolphin as
administer a contract, for the purpose of ■ 1. The authority citation for 48 CFR Threatened or Endangered Under the
evaluating bids for multiple awards. The parts 14 and 52 continues to read as Endangered Species Act
current cost to award and administer a follows:
contract has not changed since 1990. AGENCY: National Marine Fisheries
The objective of this rule is to revise FAR Authority: 40 U.S.C. 121(c); 10 U.S.C. Service (NMFS), National Oceanic and
14.201–8 and 52.214–22, Evaluation of Bids chapter 137; and 51 U.S.C. 20113. Atmospheric Administration (NOAA),
for Multiple Awards, to include an inflation Department of Commerce.
adjustment based on Consumer Price Index PART 14—SEALED BIDDING ACTION: 90-day petition finding, request
(CPI), http://data.bls.gov/cgi-bin/ for information.
cpicalc.pldata, since 1990. The adjustment ■ 2. Amend section 14.201–8 by
will change the estimated cost to award and revising the introductory text and SUMMARY: We, NMFS, announce a 90-
administer a contract from $500 to $1,000. removing from paragraph (c) the term day finding on a petition to list the
According to the Federal Procurement Data ‘‘$500’’ and adding ‘‘$1,000’’ in its Taiwanese humpback dolphin (Sousa
System, in Fiscal Year 2015, the Federal chinensis taiwanensis) range-wide as
place.
Government made approximately 2,019
definitive contract awards to small The revision reads as follows. threatened or endangered under the
businesses using sealed bidding procedures Endangered Species Act (ESA). We find
and 103 indefinite-delivery contract awards 14.201–8 Price related factors. that the petition and information in our
to small businesses using sealed bidding files present substantial scientific or
The factors set forth in paragraphs (a) commercial information indicating that
procedures, 12 of which were multiple
awards. through (e) of this section may be the petitioned action may be warranted
DoD, GSA, and NASA do not expect this applicable in evaluation of bids for for the Taiwanese humpback dolphin.
rule to have a significant economic impact on award and shall be included in the We will conduct a status review of the
a substantial number of small entities within solicitation when applicable (see species to determine if the petitioned
the meaning of the Regulatory Flexibility Act, 14.201–5(c)):
5 U.S.C. 601, et seq., because the proposed
action is warranted. To ensure that the
rule pertains to Government administrative * * * * * status review is comprehensive, we are
expenses only. soliciting scientific and commercial
There will be no burden on small PART 52—SOLICITATION PROVISIONS information pertaining to the species
businesses because this rule change does not AND CONTRACT CLAUSES from any interested party.
place any new requirement on small entities. DATES: Information and comments on
■ 3. Amend section 52.214–22 by the subject action must be received by
The Regulatory Secretariat Division revising the date of the provision and July 11, 2016.
has submitted a copy of the IRFA to the removing from the paragraph the term
Chief Counsel for Advocacy of the Small ADDRESSES: You may submit comments,
‘‘$500’’ and adding ‘‘$1,000’’ in its information, or data on this document,
Business Administration. A copy of the place.
IRFA may be obtained from the identified by the code NOAA–NMFS–
Regulatory Secretariat Division. DoD, The revision reads as follows: 2016–0041, by either of the following
GSA, and NASA invite comments from methods:
small business concerns and other
52.214–22 Evaluation of Bids for Multiple • Electronic Submissions: Submit all
Awards. electronic public comments via the
interested parties on the expected
impact of this rule on small entities. * * * * * Federal eRulemaking Portal. Go to
www.regulations.gov/
DoD, GSA, and NASA will also Evaluation of Bids for Multiple Awards #!docketDetail;D=NOAA-NMFS-2016-
consider comments from small entities (Date) 0041. Click the ‘‘Comment Now’’ icon,
concerning the existing regulations in * * * * * complete the required fields, and enter
subparts affected by the rule consistent [FR Doc. 2016–11177 Filed 5–11–16; 8:45 am] or attach your comments.
with 5 U.S.C. 610. Interested parties BILLING CODE 6820–EP–P • Mail: Submit written comments to
must submit such comments separately Chelsey Young, NMFS Office of
and should cite 5 U.S.C. 610 (FAR Case Protected Resources (F/PR3), 1315 East
2016–003), in correspondence. West Highway, Silver Spring, MD
jstallworth on DSK7TPTVN1PROD with PROPOSALS
VI. Paperwork Reduction Act 20910, USA.
Instructions: Comments sent by any
This proposed rule does not contain other method, to any other address or
any information collection requirements individual, or received after the end of
that require the approval of the Office of the comment period, may not be
Management and Budget under the considered by NMFS. All comments
Paperwork Reduction Act (44 U.S.C. received are a part of the public record
chapter 35). and will generally be posted for public
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Document Created: 2016-05-12 01:07:50
Document Modified: 2016-05-12 01:07:50
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Interested parties should submit written comments to the | |
| Contact | Mr. Michael O. Jackson, Procurement Analyst, at 202-208-4949 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAR Case 2016-003. | |
| FR Citation | 81 FR 29514 | |
| RIN Number | 9000-AN21 | |
| CFR Citation | 48
CFR
14 48 CFR 52 |
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