81 FR 30448 - Federal Acquisition Regulation; Technical Amendments

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 94 (May 16, 2016)

Page Range		30448-30449
FR Document		2016-11004

This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes.

Federal Register, Volume 81 Issue 94 (Monday, May 16, 2016)

[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30448-30449]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11004]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1

[FAC 2005-88; Item V; Docket No. 2016-0052; Sequence No. 2]


Federal Acquisition Regulation; Technical Amendments

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

ACTION: Final rule.

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

SUMMARY: This document makes amendments to the Federal Acquisition 
Regulation (FAR) in order to make editorial changes.

DATES: Effective: May 16, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Hada Flowers, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, 
DC 20405, 202-501-4755. Please cite FAC 2005-88, Technical Amendments.

SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 
CFR part 1 this document makes editorial changes to the FAR.

List of Subject in 48 CFR Part 1

    Government procurement.

    Dated: May 5, 2016.
William 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 1 as set forth 
below:

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

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

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


1.106  [Amended]

0
2. Amend section 1.106 in the table following the introductory text, 
by--
0
a. Removing FAR segment ``3.4'' and its corresponding OMB Control No. 
``9000-0003'';
0
b. Removing from FAR segment 3.11, the OMB Control No. ``9000-0181'' 
and adding ``9000-0183'' in its place;
0
c. Removing from FAR segment 9.2, the OMB Control No. ``9000-0020'' and 
adding ``9000-0083'' in its place;

[[Page 30449]]

0
d. Removing FAR segment ``14.214'' and its corresponding OMB Control 
No. ``9000-0105'';
0
e. Adding in numerical sequence, FAR segment ``22.5'' and its 
corresponding OMB Control No. ``9000-0175'';
0
f. Removing from FAR segment 22.16, the OMB Control No. ``1215-0209'' 
and adding ``1245-0004'' in its place;
0
g. Removing FAR segment ``32'' and its corresponding OMB Control No. 
``9000-0035'';
0
h. Adding in numerical sequence, FAR segment ``42.15'' and its 
corresponding OMB Control No. ``9000-0142'';
0
i. Adding in numerical sequence, FAR segments ``44.305'' and ``52.244-
2(i)'' and their corresponding OMB Control No. ``9000-0132'';
0
j. Removing from FAR segment 52.203-16, the OMB Control No. ``9000-
0181'' and adding ``9000-0183'' in its place;
0
k. Adding in numerical sequence, FAR segments ``52.207-4'', ``52.209-
1'', ``52.209-2'', ``52.209-5'', ``52.209-6'', ``52.211-7'', ``52.212-
3(h)'', and ``52.212-5'', and their corresponding OMB Control Nos., 
``9000-0082'', ``9000-0083'', ``9000-0190'', ``9000-0094'', ``9000-
0094'', ``9000-0153'', ``9000-0094'', and ``9000-0034'', respectively;
0
l. Removing from FAR segment 52.222-4, the OMB Control No. ``1215-
0119'' and adding ``1235-0023'' in its place;
0
m. Removing from FAR segment 52.222-6, the OMB Control No. ``1215-
0140'' and adding ``1235-0023'' in its place;
0
n. Removing FAR segment ``55.222-17'' and its corresponding OMB Control 
Nos. ``1235-0007 and 1235-0025'';
0
o. Adding in numerical sequence, FAR segment ``52.222-17'' and its 
corresponding OMB Control Nos. ``1235-0007 and 1235-0025'';
0
p. Removing from FAR segment 52.222-18, the OMB Control No. ``9000-
0127'' and adding ``9000-0155'' in its place;
0
q. Removing from FAR segment 52.222-40, the OMB Control No. ``1215-
0209'' and adding ``1245-0004'' in its place;
0
r. Adding in numerical sequence, FAR segments ``52.222-54'' and 
``52.223-7'', and their corresponding OMB Control Nos. ``1615-0092'' 
and ``9000-0107'', respectively;
0
s. Removing from FAR segment 52.225-4, the OMB Control No. ``9000-
0130'' and adding ``9000-0024'' in its place;
0
t. Removing from FAR segment 52.225-6, the OMB Control No. ``9000-
0025'' and adding ``9000-0024'' in its place;
0
u. Removing from FAR segment 52.225-9, the OMB Control No. ``9000-
0141'' and adding ``9000-0024'' in its place;
0
v. Adding in numerical sequence, FAR segment ``52.225-10'' and its 
corresponding OMB Control No. ``9000-0024'';
0
w. Removing from FAR segment 52.225-11, the OMB Control No. ``9000-
0141'' and adding ``9000-0024'' in its place;
0
x. Adding in numerical sequence, FAR segment ``52.225-12'' and its 
corresponding OMB Control No. ``9000-0024'';
0
y. Removing from FAR segment 52.225-21, the OMB Control No. ``9000-
0141'' and adding ``9000-0024'' in its place;
0
z. Removing from FAR segment 52.225-23, the OMB Control No. ``9000-
0141'' and adding ``9000-0024'' in its place;
0
aa. Adding in numerical sequence, FAR segment ``52.225-26'' and its 
corresponding OMB Control No. ``9000-0184'';
0
bb. Adding in numerical sequence, FAR segments ``52.227-11'' and 
``52.227-13'', and their corresponding OMB Control No. ``9000-0095'';
0
cc. Removing from FAR segment 52.232-5, the OMB Control No. ``9000-
0070'' and adding ``9000-0102'' in its place;
0
dd. Adding in numerical sequence, FAR segments ``52.232-33'' and 
``52.232-34'' and their corresponding OMB Control No. ``9000-0144'';
0
ee. Removing FAR segment ``52.233-7'' and its corresponding OMB Control 
No. ``9000-0117'';
0
ff. Removing from FAR segment 52.236-13, the OMB Control No. ``1220-
0029 and'';
0
gg. Adding in numerical sequence, FAR segments ``52.237-10'' and 
``52.242-13'' and their corresponding OMB Control Nos. ``9000-0152'' 
and ``9000-0108'', respectively;
0
hh. Removing FAR segment ``52.246-10'' and its corresponding OMB 
Control No. ``9000-0077'';
0
ii. Adding in numerical sequence, FAR segments ``52.247-6'' and 
``52.247-52'' and their corresponding OMB Control No. ``9000-0061'';
0
jj. Removing FAR segment ``52.249-11'' and its corresponding OMB 
Control No. ``9000-0028'';
0
kk. Adding in numerical sequence, FAR segment ``52.251-2'' and its 
corresponding OMB Control No. ``9000-0032''; and
0
ll. Adding in numerical sequence, FAR segments ``SF 294'' and ``SF 
295'' and their corresponding OMB Control Nos. ``9000-0006'' and 
``9000-0007'', respectively.

[FR Doc. 2016-11004 Filed 5-13-16; 8:45 am]
 BILLING CODE 6820-EP-P

30448 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

This rule implements section 814 of the Dated: May 5, 2016. DEPARTMENT OF DEFENSE
Carl Levin and Howard P. ‘Buck’ McKeon William Clark,
National Defense Authorization Act for Fiscal Director, Office of Government-wide GENERAL SERVICES
Year 2015. Section 814 is entitled Acquisition Policy, Office of Acquisition ADMINISTRATION
Improvement in Defense Design-Build Policy, Office of Government-wide Policy.
Construction Process. Section 814 requires NATIONAL AERONAUTICS AND
the head of the contracting activity, delegable Therefore, DoD, GSA, and NASA SPACE ADMINISTRATION
to a level no lower than the senior amend 48 CFR part 36 as set forth
contracting official, to approve any below: 48 CFR Part 1
determinations to select more than five
offerors to submit phase-two proposals for a PART 36—CONSTRUCTION AND [FAC 2005–88; Item V; Docket No. 2016–
two-phase design-build construction ARCHITECT-ENGINEER CONTRACTS 0052; Sequence No. 2]
acquisition that is valued at greater than $4
million. ■ 1. The authority citation for 48 CFR Federal Acquisition Regulation;
No comments were received by the public Technical Amendments
part 36 continues to read as follows:
comments in response to the initial
regulatory flexibility analysis. The number of Authority: 40 U.S.C. 121(c); 10 U.S.C. AGENCY: Department of Defense (DoD),
design-build construction awards is not chapter 137; and 51 U.S.C. 20113. General Services Administration (GSA),
currently tracked by the Federal and National Aeronautics and Space
government’s business systems. In Fiscal
■ 2. Amend section 36.303–1 by Administration (NASA).
Year 2014, the Federal Government awarded revising paragraph (a)(4) to read as ACTION: Final rule.
3,666 construction awards to 2,239 unique follows:
small business vendors. It is unknown what SUMMARY: This document makes
36.303–1 Phase One. amendments to the Federal Acquisition
percentage of these contracts involved
design-build construction services. (a) * * * Regulation (FAR) in order to make
This rule does not impose new editorial changes.
(4) A statement of the maximum
recordkeeping or reporting requirements. The number of offerors that will be selected DATES: Effective: May 16, 2016.
new approval requirement for advancing FOR FURTHER INFORMATION CONTACT: Ms.
to submit phase-two proposals. The
more than five contractors to phase two of a Hada Flowers, Regulatory Secretariat
maximum number specified in the
two-phase design-build selection procedure Division (MVCB), 1800 F Street NW.,
only affects the internal operating procedures
solicitation shall not exceed five unless
the contracting officer determines, for 2nd Floor, Washington, DC 20405, 202–
of the Government. For acquisitions valued 501–4755. Please cite FAC 2005–88,
over $4 million, the head of the contracting that particular solicitation, that a
number greater than five is in the Technical Amendments.
activity (HCA) is required to now make a
Government’s interest and is consistent SUPPLEMENTARY INFORMATION: In order to
determination that it is in the best interest of
the Government to select more than five with the purposes and objectives of the update certain elements in 48 CFR part
offerors to proceed to phase two. Any burden two-phase design-build selection 1 this document makes editorial
caused by this rule is expected to be minimal procedures. The contracting officer shall changes to the FAR.
and will not be any greater on small document this determination in the List of Subject in 48 CFR Part 1
businesses than it is on large businesses. contract file. For acquisitions greater
No alternative approaches were Government procurement.
than $4 million, the determination shall
considered. The new approval requirement be approved by the head of the Dated: May 5, 2016.
for advancing more than five contractors to contracting activity, delegable to a level William Clark,
phase two of a two-phase design-build no lower than the senior contracting Director, Office of Government-wide
selection procedure only affects the internal Acquisition Policy, Office of Acquisition
official within the contracting activity.
operating procedures of the Government. It is Policy, Office of Government-wide Policy.
In civilian agencies, for this paragraph
not anticipated that the proposed rule will
(a)(4), the senior contracting official is Therefore, DoD, GSA, and NASA
have a significant economic impact on small
the advocate for competition for the amend 48 CFR part 1 as set forth below:
entities.
procuring activity, unless the agency
designates a different position in agency PART 1—FEDERAL ACQUISITION
Interested parties may obtain a copy
REGULATIONS SYSTEM
of the FRFA from the Regulatory procedures. The approval shall be
Secretariat Division. The Regulatory documented in the contract file. ■ 1. The authority citation for 48 CFR
Secretariat Division has submitted a * * * * * part 1 continues to read as follow:
copy of the FRFA to the Chief Counsel [FR Doc. 2016–11003 Filed 5–13–16; 8:45 am]
Authority: 40 U.S.C. 121(c); 10 U.S.C.
for Advocacy of the Small Business BILLING CODE 6820–EP–P chapter 137; and 51 U.S.C. 20113.
Administration.
1.106 [Amended]
V. Paperwork Reduction Act
■ 2. Amend section 1.106 in the table
The final rule does not contain any following the introductory text, by—
information collection requirements that ■ a. Removing FAR segment ‘‘3.4’’ and
asabaliauskas on DSK3SPTVN1PROD with RULES

require the approval of the Office of its corresponding OMB Control No.
Management and Budget under the ‘‘9000–0003’’;
Paperwork Reduction Act (44 U.S.C. ■ b. Removing from FAR segment 3.11,
chapter 35). the OMB Control No. ‘‘9000–0181’’ and
adding ‘‘9000–0183’’ in its place;
List of Subject in 48 CFR Part 36 ■ c. Removing from FAR segment 9.2,
the OMB Control No. ‘‘9000–0020’’ and
Government procurement.
adding ‘‘9000–0083’’ in its place;

VerDate Sep<11>2014 18:51 May 13, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\16MYR2.SGM 16MYR2

Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations 30449

■ d. Removing FAR segment ‘‘14.214’’ 0130’’ and adding ‘‘9000–0024’’ in its ■ kk. Adding in numerical sequence,
and its corresponding OMB Control No. place; FAR segment ‘‘52.251–2’’ and its
‘‘9000–0105’’; ■ t. Removing from FAR segment corresponding OMB Control No. ‘‘9000–
■ e. Adding in numerical sequence, 52.225–6, the OMB Control No. ‘‘9000– 0032’’; and
FAR segment ‘‘22.5’’ and its 0025’’ and adding ‘‘9000–0024’’ in its ■ ll. Adding in numerical sequence,
corresponding OMB Control No. ‘‘9000– place; FAR segments ‘‘SF 294’’ and ‘‘SF 295’’
0175’’; ■ u. Removing from FAR segment
and their corresponding OMB Control
■ f. Removing from FAR segment 22.16, 52.225–9, the OMB Control No. ‘‘9000– Nos. ‘‘9000–0006’’ and ‘‘9000–0007’’,
the OMB Control No. ‘‘1215–0209’’ and 0141’’ and adding ‘‘9000–0024’’ in its respectively.
adding ‘‘1245–0004’’ in its place; place;
■ v. Adding in numerical sequence, [FR Doc. 2016–11004 Filed 5–13–16; 8:45 am]
■ g. Removing FAR segment ‘‘32’’ and
its corresponding OMB Control No. FAR segment ‘‘52.225–10’’ and its BILLING CODE 6820–EP–P

‘‘9000–0035’’; corresponding OMB Control No. ‘‘9000–
■ h. Adding in numerical sequence,
0024’’;
■ w. Removing from FAR segment DEPARTMENT OF DEFENSE
FAR segment ‘‘42.15’’ and its
52.225–11, the OMB Control No. ‘‘9000–
corresponding OMB Control No. ‘‘9000– GENERAL SERVICES
0141’’ and adding ‘‘9000–0024’’ in its
0142’’; ADMINISTRATION
place;
■ i. Adding in numerical sequence, FAR
■ x. Adding in numerical sequence,
segments ‘‘44.305’’ and ‘‘52.244–2(i)’’ FAR segment ‘‘52.225–12’’ and its NATIONAL AERONAUTICS AND
and their corresponding OMB Control corresponding OMB Control No. ‘‘9000– SPACE ADMINISTRATION
No. ‘‘9000–0132’’; 0024’’;
■ j. Removing from FAR segment ■ y. Removing from FAR segment 48 CFR Chapter 1
52.203–16, the OMB Control No. ‘‘9000– 52.225–21, the OMB Control No. ‘‘9000–
0181’’ and adding ‘‘9000–0183’’ in its 0141’’ and adding ‘‘9000–0024’’ in its [Docket No. FAR 2016–0051, Sequence
place; place; No. 2]
■ k. Adding in numerical sequence, ■ z. Removing from FAR segment
FAR segments ‘‘52.207–4’’, ‘‘52.209–1’’, 52.225–23, the OMB Control No. ‘‘9000– Federal Acquisition Regulation;
‘‘52.209–2’’, ‘‘52.209–5’’, ‘‘52.209–6’’, 0141’’ and adding ‘‘9000–0024’’ in its Federal Acquisition Circular 2005–88;
‘‘52.211–7’’, ‘‘52.212–3(h)’’, and place; Small Entity Compliance Guide
‘‘52.212–5’’, and their corresponding ■ aa. Adding in numerical sequence,
OMB Control Nos., ‘‘9000–0082’’, FAR segment ‘‘52.225–26’’ and its AGENCY: Department of Defense (DoD),
‘‘9000–0083’’, ‘‘9000–0190’’, ‘‘9000– corresponding OMB Control No. ‘‘9000– General Services Administration (GSA),
0094’’, ‘‘9000–0094’’, ‘‘9000–0153’’, 0184’’; and National Aeronautics and Space
‘‘9000–0094’’, and ‘‘9000–0034’’, ■ bb. Adding in numerical sequence, Administration (NASA).
respectively; FAR segments ‘‘52.227–11’’ and ACTION: Small Entity Compliance Guide.
■ l. Removing from FAR segment ‘‘52.227–13’’, and their corresponding
52.222–4, the OMB Control No. ‘‘1215– OMB Control No. ‘‘9000–0095’’; SUMMARY: This document is issued
0119’’ and adding ‘‘1235–0023’’ in its ■ cc. Removing from FAR segment
under the joint authority of DOD, GSA,
place; 52.232–5, the OMB Control No. ‘‘9000– and NASA. This Small Entity
■ m. Removing from FAR segment 0070’’ and adding ‘‘9000–0102’’ in its Compliance Guide has been prepared in
52.222–6, the OMB Control No. ‘‘1215– place; accordance with section 212 of the
0140’’ and adding ‘‘1235–0023’’ in its ■ dd. Adding in numerical sequence,
Small Business Regulatory Enforcement
place; FAR segments ‘‘52.232–33’’ and
Fairness Act of 1996. It consists of a
■ n. Removing FAR segment ‘‘55.222– ‘‘52.232–34’’ and their corresponding
summary of the rules appearing in
17’’ and its corresponding OMB Control OMB Control No. ‘‘9000–0144’’;
■ ee. Removing FAR segment ‘‘52.233–
Federal Acquisition Circular (FAC)
Nos. ‘‘1235–0007 and 1235–0025’’; 2005–88, which amends the Federal
■ o. Adding in numerical sequence,
7’’ and its corresponding OMB Control
No. ‘‘9000–0117’’; Acquisition Regulation (FAR). An
FAR segment ‘‘52.222–17’’ and its asterisk (*) next to a rule indicates that
■ ff. Removing from FAR segment
corresponding OMB Control Nos. a regulatory flexibility analysis has been
52.236–13, the OMB Control No. ‘‘1220–
‘‘1235–0007 and 1235–0025’’; prepared. Interested parties may obtain
0029 and’’;
■ p. Removing from FAR segment further information regarding these
■ gg. Adding in numerical sequence,
52.222–18, the OMB Control No. ‘‘9000– FAR segments ‘‘52.237–10’’ and rules by referring to FAC 2005–88,
0127’’ and adding ‘‘9000–0155’’ in its ‘‘52.242–13’’ and their corresponding which precedes this document. These
place; OMB Control Nos. ‘‘9000–0152’’ and documents are also available via the
■ q. Removing from FAR segment ‘‘9000–0108’’, respectively; Internet at http://www.regulations.gov.
52.222–40, the OMB Control No. ‘‘1215– ■ hh. Removing FAR segment ‘‘52.246–
0209’’ and adding ‘‘1245–0004’’ in its DATES: May 16, 2016.
10’’ and its corresponding OMB Control
place; No. ‘‘9000–0077’’; FOR FURTHER INFORMATION CONTACT: For
■ r. Adding in numerical sequence, FAR ■ ii. Adding in numerical sequence, clarification of content, contact the
segments ‘‘52.222–54’’ and ‘‘52.223–7’’, FAR segments ‘‘52.247–6’’ and ‘‘52.247– analyst whose name appears in the table
asabaliauskas on DSK3SPTVN1PROD with RULES

and their corresponding OMB Control 52’’ and their corresponding OMB below. Please cite FAC 2005–88 and the
Nos. ‘‘1615–0092’’ and ‘‘9000–0107’’, Control No. ‘‘9000–0061’’; FAR case number. For information
respectively; ■ jj. Removing FAR segment ‘‘52.249– pertaining to status or publication
■ s. Removing from FAR segment 11’’ and its corresponding OMB Control schedules, contact the Regulatory
52.225–4, the OMB Control No. ‘‘9000– No. ‘‘9000–0028’’; Secretariat Division at 202–501–4755.

VerDate Sep<11>2014 18:51 May 13, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\16MYR2.SGM 16MYR2

Document Created: 2016-05-14 01:17:40
Document Modified: 2016-05-14 01:17:40

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: May 16, 2016.
Contact		Ms. Hada Flowers, Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202-501-4755. Please cite FAC 2005-88, Technical Amendments.
FR Citation		81 FR 30448

81 FR 30448 - Federal Acquisition Regulation; Technical Amendments

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 94 (May 16, 2016)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION