81_FR_31993 81 FR 31895 - Federal Acquisition Regulation: System for Award Management Registration

81 FR 31895 - Federal Acquisition Regulation: System for Award Management Registration

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 98 (May 20, 2016)

Page Range31895-31900
FR Document2016-11977

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to update the instructions for System for Award Management (SAM) registration requirements and to correct an inconsistency with offeror representation and certification requirements.

Federal Register, Volume 81 Issue 98 (Friday, May 20, 2016)
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Proposed Rules]
[Pages 31895-31900]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11977]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 7, 9, 12, 13, 17, 18, 19, 22, 25, 26, 28, 32, 
44, and 52

[FAR Case 2015-005; Docket No. 2015-0005, Sequence No. 1]
RIN 9000-AN19


Federal Acquisition Regulation: System for Award Management 
Registration

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 update the instructions for System for 
Award Management (SAM) registration requirements and to correct an 
inconsistency with offeror representation and certification 
requirements.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat Division at one of the addresses shown below on 
or before July 19, 2016 to be considered in the formation of the final 
rule.

ADDRESSES: Submit comments in response to FAR case 2015-005 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching ``FAR Case 
2015-005''. Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2015-005.'' Follow the instructions provided on the screen. Please 
include your name, company name (if any), and ``FAR Case 2015-005'' 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 2015-
005, 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. Curtis E. Glover, Sr., Procurement

[[Page 31896]]

Analyst, at 202-501-1448 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 2015-005.

SUPPLEMENTARY INFORMATION: 

I. Background

    Currently, the language in the FAR is not consistent in terms of 
whether offerors need to be registered in SAM prior to submitting an 
offer or prior to award. Per FAR clause 52.204-7 an offeror is not 
``registered in the SAM database'' unless an offeror has completed its 
online annual representations and certifications. FAR 52.204-8(b) and 
(d) state that if clause 52.204-7 is included in the solicitation, then 
the offeror verifies by submission of the offer that the 
representations and certifications in SAM are current and accurate. 
While the clauses instruct offerors to complete representations and 
certifications by registering in SAM prior to the submission of offers, 
the policy at FAR 4.1102 states that SAM registration (which includes 
online reps and certs) must be completed by the time of award. In order 
to correct this inconsistency DoD, GSA, and NASA are proposing to amend 
FAR 4.1102 and 4.1103 to require offeror registration in SAM prior to 
submission of an offer.
    In addition, the proposed rule will require contracting officers to 
use the name and physical address from the contractor's SAM 
registration for the provided Data Universal Numbering System (DUNS). 
We recognize that there is an ongoing FAR case (2015-022, Unique 
Identification of Entities Receiving Federal Awards) to remove the 
reference to the DUNS number, and once the final rule from that case is 
published; references to the DUNS number will be changed. This proposed 
rule also removes the term ``division name'' from the FAR text at FAR 
4.1102, clause 52.204-13, and provision 52.212-4.
    The proposed rule also changes the referenced Web site 
``acquisition.gov'' to ``SAM.gov'' to be consistent with the rest of 
the FAR. ``Database'' is also added to ``SAM'' so that in the FAR it is 
clearly understood that the reference is to the ``SAM database''.

II. 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 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 would only change when an offeror must 
be registered in SAM. However, an initial regulatory flexibility 
analysis (IRFA) has been performed and is summarized as follows:

    FAR subpart 4.11 was updated by FAR case 2012-033 which was 
published in the Federal Register at 78 FR 37676 on June 21, 2013, 
to reflect the retirement of the Central Contractor Registration and 
Online Representation and Certification Application systems and the 
implementation of SAM. Since the final rule was published, the 
Department of Defense (DoD) identified three clarifications that 
need to be made to the subpart and its associated provisions and 
clauses.
    Currently, the language in the FAR is not consistent in terms of 
whether offerors need to be registered in SAM prior to submitting an 
offer or prior to award. Per FAR clause 52.204-7 an offeror is not 
``registered in the SAM database'' unless an offeror has completed 
its online annual representations and certifications. FAR 52.204-
8(b) and (d) state that if clause 52.204-7 is included in the 
solicitation, then the offeror verifies by submission of the offer 
that the representations and certifications in SAM are current and 
accurate. While the clauses instruct offerors to complete 
representations and certifications by registering in SAM prior to 
submission of offers, the policy at FAR 4.1102 states that SAM 
registration (which includes online reps and certs) must be 
completed by the time of award.
    In order to correct this inconsistency the rule proposes that 
offerors be registered in SAM prior to submission of an offer. Once 
offerors are registered in SAM they are in the system and are only 
required to update SAM registration in accordance with the clause. 
This eliminates the need for potential offerors to complete reps and 
certs multiple times when responding to solicitations.
    The proposed rule would apply to small businesses that submit 
offers to the Federal Government. The rule contains information 
collection requirements. OMB has cleared this information collection 
requirement under OMB Control Number 9000-0159, titled: Central 
Contractor Registration. GSA has submitted a request to OMB to 
change the name of the collection to ``System for Award Management 
Registration.'' That request is pending.
    The total number of small businesses in the Federal Procurement 
Data System (FPDS) for FY 2013 is 111,036. This proposed rule would 
apply to that number of small businesses, as well as an estimated 
equal number that did not receive an award for FY 2013.
    There will be no burden on small businesses because this 
proposed rule change does not place any new requirements on small 
entities. The only change is when the requirement for submission of 
the representations and certifications must occur.
    This proposed rule requires offerors to be registered in SAM 
prior to submission of an offer. Once offerors are registered in SAM 
they are in the system and are only required to update SAM 
registration in accordance with the clause. This eliminates the need 
for potential offerors to complete representations and 
certifications multiple times when responding to solicitations.
    The proposed rule does not duplicate, overlap, or conflict with 
any other Federal rules.
    There are no significant alternatives to the rule which 
accomplish the stated objectives of applicable statutes and which 
minimize any significant economic impact of the proposed rule 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 proposed rule on small entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the 
proposed 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 
2015-005), in correspondence.

VI. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies. The 
proposed rule contains information collection requirements. OMB has 
cleared this information collection requirement under OMB Control 
Number 9000-0159; Central Contractor Registration. GSA has submitted a 
request to OMB to change the name of the collection to ``System for 
Award Management Registration.'' That request is pending.

List of Subjects in 48 CFR Parts 2, 4, 7, 9, 12, 13, 17, 18, 19, 
22, 25, 26, 28, 32, 44, and 52

    Government procurement.


[[Page 31897]]


    Dated: May 17, 2016.
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 
2, 4, 7, 9, 12, 13, 17, 18, 19, 22, 25, 26, 28, 32, 44, and 52, as set 
forth below:

0
1. The authority citation for 48 CFR parts 2, 4, 7, 9, 12, 13, 17, 18, 
19, 22, 25, 26, 28, 32, 44, 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 2--DEFINITIONS OF WORDS AND TERMS


2.101   [Amended]

0
2. Amend section 2.101 in paragraph (b) by removing from the definition 
``Disaster Response Registry'', ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place.

PART 4--ADMINISTRATIVE MATTERS

0
3. Amend section 4.605 by revising the introductory text of paragraph 
(c)(2) to read as follows.


4.605   Procedures.

* * * * *
    (c) * * *
    (2) Authorized generic DUNS numbers, maintained by the Integrated 
Award Environment (IAE) Business Operations Division program office 
(https://www.sam.gov), may be used to report contracts in lieu of the 
contractor's actual DUNS number only for--
* * * * *
0
4. Amend section 4.1102 by--
0
a. Revising the introductory text of paragraph (a);
0
b. Redesignate paragraph (c) as paragraph (d);
0
c. Adding a new paragraph (c); and
0
d. Revising newly redesignated paragraph (d)(1)(i).
    The revisions read as follows.


4.1102   Policy.

    (a) Prospective contractors shall be registered in the SAM database 
at the time an offer or quote is submitted in order to comply with the 
annual representations and certifications requirements (see FAR subpart 
4.12) of a contract or agreement, except for--
* * * * *
    (c) Contracting officers shall use the legal business name or 
``doing business as'' name and physical address from the contractor's 
SAM registration for the provided DUNS number to identify the 
contractor in Schedule A of the contract, similar sections of non-
uniform contract formats and agreements, and all corresponding forms 
and data exchanges. Contracting officers shall make no changes to the 
data from SAM.
    (d)(1)(i) If a contractor has legally changed its business name or 
``doing business as'' name (whichever is shown on the contract), or has 
transferred the assets used in performing the contract, but has not 
completed the necessary requirements regarding novation and change-of-
name agreements in subpart 42.12, the contractor shall provide the 
responsible contracting officer a minimum of one business day's written 
notification of its intention to: Change the name in the SAM database; 
comply with the requirements of subpart 42.12; and agree in writing to 
the timeline and procedures specified by the responsible contracting 
officer. The contractor must provide with the notification sufficient 
documentation to support the legally changed name.
* * * * *
0
5. Revise section 4.1103 to read as follows:


4.1103   Procedures.

    (a) Unless the acquisition is exempt under 4.1102, the contracting 
officer--
    (1) Shall verify that the prospective contractor is registered in 
the SAM database (see paragraph (b) of this section) at the time of 
offer or quote submission;
    (2) Should use the DUNS number or, if applicable, the DUNS+4 
number, to verify SAM registration--
    (i) Via the Internet via https://www.sam.gov;
    (ii) As otherwise provided by agency procedures; and
    (3) Need not verify SAM registration before placing an order or 
call if the contract or agreement includes the provision at 52.204-7 
System for Award Management, or the clause at 52.212-4 Contract Terms 
and Conditions--Commercial Items, or a similar agency clause, except 
when use of the Governmentwide commercial purchase card is contemplated 
as a method of payment. (See 32.1108(b)(2)).
    (b) If the contract action is being awarded pursuant to 
4.1102(a)(5), or in a manner that considers other such instances of 
urgency, the contractor shall be registered in the SAM database within 
30 days after contract award, or at least three days prior to 
submission of the first invoice, whichever occurs first.
    (c) Agencies shall protect against improper disclosure of 
Contractor or offeror SAM information.
    (d) The contracting officer shall, on contractual documents 
transmitted to the payment office, provide the DUNS number, or, if 
applicable, the DUNS+4, in accordance with agency procedures.


4.1104   [Amended]

0
6. Amend section 4.1104 by removing from the paragraph ``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place.


4.1200   [Amended]

0
7. Amend section 4.1200 by removing from the introductory text ``System 
for Award Management (SAM)'' and adding ``System for Award Management 
(SAM) database'' in its place.


4.1201   [Amended]

0
8. Amend section 4.1201 by--
0
a. Removing from paragraph (a) ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place; and
0
b. Removing from paragraph (b)(1) ``shall update'' and adding ``shall 
review and update'' in its place.

PART 7--ACQUISITION PLANNING


7.103   [Amended]

0
9. Removing from paragraph (y) ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place.

PART 9--CONTRACTOR QUALIFICATIONS

0
10. Amend section 9.404 by--
0
a. Revising the section heading;
0
b. Revising paragraph (a)(1);
0
c. Removing from the introductory text of paragraph (b) ``The SAM 
Exclusions'' and adding ``An exclusion record in SAM'' in its place;
0
d. Removing from paragraph (b)(1) ``of all contractors debarred'' and 
adding ``of the contractor debarred'' in its place;
0
e. Revising paragraph (c); and
0
f. Removing from paragraph (d) ``https://www.acquisition.gov and adding 
``https://www.sam.gov'' in its place.
    The revisions read as follows:


9.404   Exclusions in the System for Award Management.

    (a) * * *
    (1) Operates the web-based System for Award Management (SAM) which 
contains Exclusions records; and
* * * * *
    (c) Each agency must--
    (1) Identify the individual(s) responsible for entering and 
updating exclusions data in SAM and assign the appropriate roles in 
SAM;
    (2) Remove the exclusion roles in SAM when the individual leaves 
the organization or changes functions;

[[Page 31898]]

    (3) For each Exclusion accomplished by the Agency enter the 
information required by paragraph (b) of this section within 3 working 
days after the action becomes effective;
    (4) For each Exclusion accomplished by the Agency determine whether 
it is legally permitted to enter the SSN, EIN, or other TIN, under 
agency authority to suspend or debar;
    (5) For each Exclusion accomplished by the Agency update the 
exclusion record in the SAM database, generally within 5 working days 
after modifying or rescinding an action;
    (6) In accordance with internal retention procedures, maintain 
records relating to each debarment, suspension, or proposed debarment 
taken by the agency;
    (7) Establish procedures to ensure that the agency does not solicit 
offers from, award contracts to, or consent to subcontracts with 
contractors who have an active exclusion record in the SAM database, 
except as otherwise provided in this subpart;
    (8) Direct inquiries concerning listed contractors to the agency or 
other authority that took the action; and
    (9) Contact GSA for technical assistance with SAM, via the support 
email address or on the technical support phone line available at the 
SAM Web site provided in paragraph (d) of this section.
* * * * *

PART 12--ACQUISITION OF COMMERCIAL ITEMS


12.301  [Amended]

0
11. Removing from paragraphs (d)(1) and (2) ``registered in SAM'' and 
adding ``registered in the SAM database'' in their places, 
respectively.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.102  [Amended]

0
12. Amend section 13.102 by removing from paragraph (a) ``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place.

PART 17--SPECIAL CONTRACTING METHODS

0
13. Amend section 17.207 by revising paragraph (c)(5) to read as 
follows.


17.207  Exercise of options.

* * * * *
    (c) * * *
    (5) The contractor does not have an active exclusion record in the 
System for Award Management Exclusions database (see FAR 9.405-1);
* * * * *

PART 18--EMERGENCY ACQUISITIONS

0
14. Revise section 18.102 to read as follows.


18.102  System for Award Management.

    Contractors are not required to be registered in the System for 
Award Management (SAM) database for contracts awarded to support 
unusual or compelling needs or emergency operations (see 4.1102). 
However, contractors are required to be registered in the SAM database 
in order to gain access to the Disaster Response Registry. Contracting 
officers shall consult the Disaster Response Registry via https://www.sam.gov to determine the availability of contractors for debris 
removal, distribution of supplies, reconstruction, and other disaster 
or emergency relief activities inside the United States and outlying 
areas. (See 26.205).

PART 19--SMALL BUSINESS PROGRAMS


19.307  [Amended]

0
15. Amend section 19.307 by removing from paragraph (i)(3)(iii) 
``(SAM)'' and adding ``(SAM) database'' in its place; and removing from 
paragraph (i)(5)(iii) ``designation in SAM'' and adding ``designation 
in the SAM database'' in its place.


19.308  [Amended]

0
16. Amend section 19.308 by removing from paragraph (i)(3)(iii) 
``(SAM)'' and adding ``(SAM) database'' in its place; and removing from 
paragraph (i)(5)(iii) ``designation in SAM'' and adding ``designation 
in the SAM database'' in its place.


19.1503  [Amended]

0
17. Amend section 19.1503 by removing from paragraph (b)(1) ``(SAM)'' 
and adding ``(SAM) database'' in its place.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
18. Amend section 22.1025 by revising the first sentence of the text to 
read as follows.


22.1025  Ineligibility of violators.

    Persons or firms found to be in violation of the Service Contract 
Labor Standards statute will have an active exclusion record contained 
in the System for Award Management Exclusions database (see 9.404). * * 
*

PART 25--FOREIGN ACQUISITION

0
19. Amend section 25.703-3 by revising paragraph (a) to read as 
follows.


25.703-3  Prohibition on contracting with entities that export 
sensitive technology to Iran.

    (a) The head of an executive agency may not enter into or extend a 
contract for the procurement of goods or services with a person that 
exports certain sensitive technology to Iran, as determined by the 
President and is listed as being excluded in the System for Award 
Management database (see via http://www.sam.gov) (22 U.S.C. 8515).
* * * * *

PART 26--OTHER SOCIOECONOMIC PROGRAMS


26.205  [Amended]

0
20. Amended section 26.205 by removing from paragraphs (a) and (b) 
``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in 
their places.

PART 28--BONDS AND INSURANCE

0
21. Amend section 28.203-7 by revising paragraph (c); and removing from 
paragraph (d) ``(see 9.404) unless'' and adding ``(see 9.404), unless'' 
in its place.
    The revision reads as follows:


28.203-7  Exclusion of individual sureties.

* * * * *
    (c) An individual surety excluded pursuant to this subsection shall 
be entered in the System for Award Management Exclusions (see 9.404).
* * * * *

PART 32--CONTRACT FINANCING


32.805  [Amended]

0
22. Amend section 32.805 by removing from paragraph (d)(4) 
``Management'' and adding ``Management database'' in its place.


32.1108  [Amended]

0
23. Amend section 32.1108 by removing from paragraph (b)(2)(i) 
``(SAM)'' and adding ``(SAM) database'' in its place; and removing from 
paragraph (b)(2)(ii) ``SAM indicates'' and adding ``SAM database 
indicates'' in its place.
0
24. Amend section 32.1110 by revising the introductory text of 
paragraph (a)(1) to read as follows:


32.1110  Solicitation provision and contract clauses.

    (a) * * *
    (1) 52.232-33, Payment by Electronic Funds Transfer--System for 
Award

[[Page 31899]]

Management, in solicitations and contracts that include the provision 
at 52.204-7, System for Award Management or an agency clause that 
requires a contractor to be registered in the SAM database and maintain 
registration until final payment, unless--
* * * * *

PART 44--SUBCONTRACTING POLICIES AND PROCEDURES

0
25. Amend section 44.202-2 by revising paragraph (a)(13) to read as 
follows:


44.202-2  Considerations.

    (a) * * *
    (13) Is the proposed subcontractor listed as being excluded in the 
System for Award Management database (see subpart 9.4)?
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
26. Amend section 52.204-7 by--
0
a. Revising the date of the provision;
0
b. Revising paragraph (b)(1);
0
c. Removing from paragraph (c)(2)(i) ``legal business.'' and adding 
``legal business name.'' in its place;
0
d. Revising paragraph (d);
0
e. Removing paragraphs (e) and (f); and
0
f. Revising the date of Alternate I and paragraph (b)(1) of Alternate 
I.
    The revisions read as follows.


52.204-7  System for Award Management.

* * * * *

System for Award System (Date)

* * * * *
    (b)(1) By submission of an offer, the offeror acknowledges that the 
offeror is registered in the SAM database and the requirement that a 
prospective awardee shall continue to be registered at time of award, 
during performance, and through final payment of any contract, basic 
agreement, basic ordering agreement, or blanket purchasing agreement 
resulting from this solicitation.
* * * * *
    (d) Processing time, which normally takes 48 hours, should be taken 
into consideration when registering. Offerors who are not registered in 
the SAM database should consider applying for registration immediately 
upon receipt of this solicitation. See https://www.sam.gov for 
information on registration.
* * * * *
    Alternate I (Date). * * *
    (b)(1) By submission of an offer, the offeror acknowledges that the 
offeror is registered in the SAM database and the requirement that a 
prospective awardee shall continue to be registered at time of award, 
during performance, and through final payment of any contract, basic 
agreement, basic ordering agreement, or blanket purchasing agreement 
resulting from this solicitation.
0
27. Amend section 52.204-8 by--
0
a. Revising the date of the provision,
0
b. Removing from the introductory text of paragraph (b)(2) ``Management 
(SAM),'' and adding ``Management (SAM) database'' in its place; and
0
c. Removing from paragraph (d) ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place.
    The revisions read as follows:


52.204-8  Annual Representations and Certifications.

* * * * *

Annual Representations and Certifications (Date)

* * * * *
0
28. Amend section 52.204-13 by--
0
a. Revising the date of the clause;
0
b. Removing from the first sentence of paragraph (b) ``for the 
accuracy'' and adding ``for currency, accuracy'' in its place; and 
removing from the last sentence ``the SAM does'' and adding ``the SAM 
database does'' in its place;
0
c. Revising the first sentence of the introductory text of paragraph 
(c)(1)(i);
0
d. Removing from the second sentence of paragraph (c)(2) ``in the SAM'' 
and adding ``in the SAM database'' in its place; and
0
e. Removing from paragraph (d) ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place.
    The revisions read as follows:


52.204-13  System for Award Management Maintenance.

* * * * *

System for Award Management Maintenance (Date)

* * * * *
    (c) * * *
    (1) * * *
    (i) If a Contractor has legally changed its business name or doing 
business as name (whichever is shown on the contract), or has 
transferred the assets used in performing the contract, but has not 
completed the necessary requirements regarding novation and change-of-
name agreements in subpart 42.12, the Contractor shall provide the 
responsible Contracting Officer a minimum of one business day's written 
notification of its intention to--
* * * * *
0
29. Amend section 52.209-7 by revising the date of the provision and 
removing from paragraph (d) ``https://www.acquisition.gov'' and adding 
``https://www.sam.gov'' in its place.
    The revision reads as follows:


52.209-7  Information Regarding Responsibility Matters.

* * * * *

Information Regarding Responsibility Matters (Date)

* * * * *
0
30. Amend section 52.209-9 by revising the date of the clause and 
removing from paragraph (a) ``https://www.acquisition.gov'' and adding 
``https://www.sam.gov'' in its place.
    The revision reads as follows:


52.209-9  Updates of Publicly Available Information Regarding 
Responsibility Matters.

* * * * *

Updates of Publicly Available Information Regarding Responsibility 
Matters (Date)

* * * * *
0
31. Amend section 52.212-1 by revising the date of provision and 
paragraph (k) to read as follows:


52.212-1  Instructions to Offerors--Commercial Items.

* * * * *

Instructions to Offerors--Commercial Items (Date)

* * * * *
    (k) System for Award Management. Unless exempted by an addendum to 
this solicitation, by submission of an offer, the offeror acknowledges 
that the offeror is registered in the SAM database and the requirement 
that a prospective awardee shall continue to be registered at time of 
award, during performance and through final payment of any contract 
resulting from this solicitation. If the Offeror is not registered in 
the SAM database prior to award of the contract, except in instances of 
urgency (see 4.1102(a)(5), the Contracting Officer will proceed to 
award to the next otherwise successful registered Offeror. Offerors may 
obtain information on registration and annual confirmation requirements 
via the SAM database accessed through https://www.sam.gov.
* * * * *
0
32. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing from the introductory text of the provision ``http://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place;
0
c. Revising paragraph (b)(2); and
0
d. Removing from the introductory text of paragraph (p) ``registered in 
SAM'' and adding ``registered in the SAM database'' in its place.
    The revision reads as follows:

[[Page 31900]]

52.212-3  Offeror Representations and Certifications--Commercial Items.

* * * * *

Offeror Representations and Certifications--Commercial Items (Date)

* * * * *
    (b) * * *
    (2) The offeror has completed the annual representations and 
certifications electronically via the SAM Web site accessed through 
http://www.sam.gov. After reviewing the SAM database information, the 
offeror verifies by submission of this offer that the representations 
and certifications currently posted electronically at FAR 52.212-3, 
Offeror Representations and Certifications--Commercial Items, have been 
entered or updated in the last 12 months, are current, accurate, 
complete, and applicable to this solicitation (including the business 
size standard applicable to the NAICS code referenced for this 
solicitation), at the time an offer is submitted and are incorporated 
in this offer by reference (see FAR 4.1201), except for paragraphs ___. 
[Offeror to identify the applicable paragraphs at (c) through (r) of 
this provision that the offeror has completed for the purposes of this 
solicitation only, if any.
    These amended representation(s) and/or certification(s) are also 
incorporated in this offer and are current, accurate, and complete as 
of the date of this offer.
    Any changes provided by the offeror are applicable to this 
solicitation only, and do not result in an update to the 
representations and certifications posted electronically on SAM.]
* * * * *
0
33. Amend section 52.212-4 by--
0
a. Revising the date of the clause;
0
b. Revising paragraphs (t)(1) and (t)(2)(i);
0
c. Removing from paragraph (t)(4) ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place; and
0
d. Removing from paragraph (v) ``System for Award Management (SAM)'' 
and adding ``SAM database'' in its place.
    The revised text reads as follows:


52.212-4  Contract Terms and Conditions--Commercial Items.

* * * * *

Contract Terms and Conditions--Commercial Items (Date)

* * * * *
    (t) * * * (1) Unless exempted by an addendum to this contract, the 
Contractor is responsible during performance and through final payment 
of any contract for the currency, accuracy and completeness of the data 
within the SAM database, and for any liability resulting from the 
Government's reliance on inaccurate or incomplete data. To remain 
registered in the SAM database after the initial registration, the 
Contractor is required to review and update on an annual basis from the 
date of initial registration or subsequent updates, its information in 
the SAM database to ensure it is current, accurate and complete. 
Updating information in the SAM does not alter the terms and conditions 
of this contract and is not a substitute for a properly executed 
contractual document.
    (2)(i) If a Contractor has legally changed its business name or 
``doing business as'' name (whichever is shown on the contract), or has 
transferred the assets used in performing the contract, but has not 
completed the necessary requirements regarding novation and change-of-
name agreements in FAR subpart 42.12, the Contractor shall provide the 
responsible Contracting Officer a minimum of one business day's written 
notification of its intention to: change the name in the SAM database; 
comply with the requirements of subpart 42.12; and agree in writing to 
the timeline and procedures specified by the responsible Contracting 
Officer. The Contractor must provide with the notification sufficient 
documentation to support the legally changed name.
* * * * *
[FR Doc. 2016-11977 Filed 5-19-16; 8:45 am]
 BILLING CODE 6820-EP-P



                                                                               Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules                                            31895

                                                    the following four alternatives (among                  Federal Communications Commission.                    DEPARTMENT OF DEFENSE
                                                    others): (1) The establishment of                       Gloria J. Miles,
                                                    differing compliance or reporting                       Federal Register Liaison Officer, Office of the       GENERAL SERVICES
                                                    requirements or timetables that take into               Secretary.                                            ADMINISTRATION
                                                    account the resources available to small
                                                    entities; (2) the clarification,                          For the reasons discussed in the                    NATIONAL AERONAUTICS AND
                                                    consolidation, or simplification of                     preamble, the Federal Communications                  SPACE ADMINISTRATION
                                                    compliance or reporting requirements                    Commission proposes to amend 47 CFR
                                                    under the rule for small entities; (3) the              part 64 as follows:                                   48 CFR Parts 2, 4, 7, 9, 12, 13, 17, 18,
                                                                                                                                                                  19, 22, 25, 26, 28, 32, 44, and 52
                                                    use of performance, rather than design,
                                                                                                            PART 64—MISCELLANEOUS RULES
                                                    standards; and (4) an exemption from                                                                          [FAR Case 2015–005; Docket No. 2015–
                                                                                                            RELATING TO COMMON CARRIERS                           0005, Sequence No. 1]
                                                    coverage of the rule, or any part thereof,
                                                    for small entities.                                                                                           RIN 9000–AN19
                                                                                                            ■ 1. The authority citation for part 64 is
                                                      47. The Commission believes that any                  revised to read as follows:
                                                    economic burden these proposed rules                                                                          Federal Acquisition Regulation:
                                                                                                              Authority: 47 U.S.C. 154, 254(k);                   System for Award Management
                                                    may have on carriers is outweighed by
                                                                                                            403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat.         Registration
                                                    the benefits to consumers. The                          56. Interpret or apply 47 U.S.C. 201, 218, 222,
                                                    compliance costs identified in Section D                225, 226, 227, 228, 254(k), 616, 620, the             AGENCY:  Department of Defense (DoD),
                                                    are small. The Commission seeks                         Middle Class Tax Relief and Job Creation Act          General Services Administration (GSA),
                                                    comment on how to minimize the                          of 2012, Pub. L. 112–96, and Sec. 301, Pub.           and the National Aeronautics and Space
                                                    economic impact of these proposals. For                 L. 114–74, 129 Stat. 584 (47 U.S.C. 227)              Administration (NASA).
                                                    instance, the Commission seeks                          unless otherwise noted.                               ACTION: Proposed rule.
                                                    comment on the specific costs of the
                                                    measures discussed in the NPRM and                      ■ 2. Section 64.1200 is amended by                    SUMMARY:    DoD, GSA, and NASA are
                                                    ways to mitigate any implementation                     revising paragraphs (a)(1)(iii) and                   proposing to amend the Federal
                                                                                                            (a)(3)(v), and adding paragraph (a)(3)(vi)            Acquisition Regulation (FAR) to update
                                                    costs. The Commission also seeks
                                                                                                            to read as follows:                                   the instructions for System for Award
                                                    comment on the overall economic
                                                                                                                                                                  Management (SAM) registration
                                                    impact these proposed rules may have                    § 64.1200    Delivery restrictions.                   requirements and to correct an
                                                    because it seeks to minimize all costs                                                                        inconsistency with offeror
                                                    associated with these proposed rules.                      (a) * * *
                                                                                                                                                                  representation and certification
                                                    Finally, the Commission seeks comment                      (1) * * *                                          requirements.
                                                    on whether to consider the size of the                     (iii) To any telephone number                      DATES: Interested parties should submit
                                                    calling entity or the type of debt being                assigned to a paging service, cellular                written comments to the Regulatory
                                                    collected in determining the appropriate                telephone service, specialized mobile                 Secretariat Division at one of the
                                                    timeframes for implementation.                          radio service, or other radio common                  addresses shown below on or before
                                                    F. Federal Rules That May Duplicate,                    carrier service, or any service for which             July 19, 2016 to be considered in the
                                                    Overlap, or Conflict With the Proposed                  the called party is charged for the call,             formation of the final rule.
                                                    Rules                                                   unless such call is made solely to collect            ADDRESSES: Submit comments in
                                                                                                            a debt owed to or guaranteed by the                   response to FAR case 2015–005 by any
                                                       48. None.                                            United States.                                        of the following methods:
                                                    Ordering Clauses                                        *       *    *      *    *                               • Regulations.gov: http://
                                                                                                                                                                  www.regulations.gov. Submit comments
                                                                                                               (3) * * *                                          via the Federal eRulemaking portal by
                                                      49. Pursuant to the authority
                                                    contained in sections 1–4, 227, and                        (v) Delivers a ‘‘health care’’ message             searching ‘‘FAR Case 2015–005’’. Select
                                                    303(r) of the Communications Act of                     made by, or on behalf of, a ‘‘covered                 the link ‘‘Comment Now’’ that
                                                    1934, as amended, 47 U.S.C. 151–154,                    entity’’ or its ‘‘business associate,’’ as            corresponds with ‘‘FAR Case 2015–
                                                    227, 303(r); and the Telephone                          those terms are defined in the HIPAA                  005.’’ Follow the instructions provided
                                                    Consumer Protection Act as amended by                   Privacy Rule, 15 CFR 160.103;                         on the screen. Please include your
                                                    the Bipartisan Budget Act of 2015,                                                                            name, company name (if any), and
                                                                                                               (vi) Is made solely pursuant to the
                                                    Public Law 114–74, 129 Stat. 584,                                                                             ‘‘FAR Case 2015–005’’ on your attached
                                                                                                            collection of a debt owed to or
                                                                                                                                                                  document.
                                                    document FCC 16–57 is adopted.                          guaranteed by the United States.                         • Mail: General Services
                                                      50. The Commission’s Consumer and                     *       *    *      *    *                            Administration, Regulatory Secretariat
                                                    Governmental Affairs Bureau, Reference                  [FR Doc. 2016–12025 Filed 5–19–16; 8:45 am]           Division (MVCB), ATTN: Ms. Flowers,
                                                    Information Center, shall send a copy of                BILLING CODE 6712–01–P                                1800 F Street NW., 2nd Floor,
                                                    document FCC 16–57, including the                                                                             Washington, DC 20405.
                                                    Initial Regulatory Flexibility Analysis,                                                                         Instructions: Please submit comments
                                                    to the Chief Counsel for Advocacy of the                                                                      only and cite FAR Case 2015–005, in all
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Small Business Administration.                                                                                correspondence related to this case. All
                                                                                                                                                                  comments received will be posted
                                                    List of Subjects in 47 CFR Part 64                                                                            without change to http://
                                                                                                                                                                  www.regulations.gov, including any
                                                      Claims, Communications common
                                                                                                                                                                  personal and/or business confidential
                                                    carriers, Credit, Reporting and
                                                                                                                                                                  information provided.
                                                    recordkeeping requirements,
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT: Mr.
                                                    Telecommunications, Telephone.
                                                                                                                                                                  Curtis E. Glover, Sr., Procurement


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                                                    31896                      Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules

                                                    Analyst, at 202–501–1448 for                            effects, distributive impacts, and                    the name of the collection to ‘‘System for
                                                    clarification of content. For information               equity). E.O. 13563 emphasizes the                    Award Management Registration.’’ That
                                                    pertaining to status or publication                     importance of quantifying both costs                  request is pending.
                                                                                                                                                                    The total number of small businesses in the
                                                    schedules, contact the Regulatory                       and benefits, of reducing costs, of                   Federal Procurement Data System (FPDS) for
                                                    Secretariat Division at 202–501–4755.                   harmonizing rules, and of promoting                   FY 2013 is 111,036. This proposed rule
                                                    Please cite FAR Case 2015–005.                          flexibility. This is not a significant                would apply to that number of small
                                                    SUPPLEMENTARY INFORMATION:                              regulatory action and, therefore, was not             businesses, as well as an estimated equal
                                                                                                            subject to review under Section 6(b) of               number that did not receive an award for FY
                                                    I. Background                                           E.O. 12866, Regulatory Planning and                   2013.
                                                       Currently, the language in the FAR is                Review, dated September 30, 1993. This                  There will be no burden on small
                                                    not consistent in terms of whether                      proposed rule is not a major rule under               businesses because this proposed rule change
                                                    offerors need to be registered in SAM                                                                         does not place any new requirements on
                                                                                                            5 U.S.C. 804.                                         small entities. The only change is when the
                                                    prior to submitting an offer or prior to
                                                                                                            V. Regulatory Flexibility Act                         requirement for submission of the
                                                    award. Per FAR clause 52.204–7 an                                                                             representations and certifications must occur.
                                                    offeror is not ‘‘registered in the SAM                     DoD, GSA, and NASA do not expect                     This proposed rule requires offerors to be
                                                    database’’ unless an offeror has                        this proposed rule to have a significant              registered in SAM prior to submission of an
                                                    completed its online annual                             economic impact on a substantial                      offer. Once offerors are registered in SAM
                                                    representations and certifications. FAR                 number of small entities within the                   they are in the system and are only required
                                                    52.204–8(b) and (d) state that if clause                meaning of the Regulatory Flexibility                 to update SAM registration in accordance
                                                    52.204–7 is included in the solicitation,               Act, 5 U.S.C. 601, et seq., because the               with the clause. This eliminates the need for
                                                    then the offeror verifies by submission                 proposed rule would only change when                  potential offerors to complete representations
                                                                                                                                                                  and certifications multiple times when
                                                    of the offer that the representations and               an offeror must be registered in SAM.                 responding to solicitations.
                                                    certifications in SAM are current and                   However, an initial regulatory flexibility              The proposed rule does not duplicate,
                                                    accurate. While the clauses instruct                    analysis (IRFA) has been performed and                overlap, or conflict with any other Federal
                                                    offerors to complete representations and                is summarized as follows:                             rules.
                                                    certifications by registering in SAM                       FAR subpart 4.11 was updated by FAR                  There are no significant alternatives to the
                                                    prior to the submission of offers, the                  case 2012–033 which was published in the              rule which accomplish the stated objectives
                                                    policy at FAR 4.1102 states that SAM                    Federal Register at 78 FR 37676 on June 21,           of applicable statutes and which minimize
                                                    registration (which includes online reps                2013, to reflect the retirement of the Central        any significant economic impact of the
                                                    and certs) must be completed by the                     Contractor Registration and Online                    proposed rule on small entities.
                                                    time of award. In order to correct this                 Representation and Certification Application            The Regulatory Secretariat Division
                                                    inconsistency DoD, GSA, and NASA are                    systems and the implementation of SAM.                has submitted a copy of the IRFA to the
                                                    proposing to amend FAR 4.1102 and                       Since the final rule was published, the               Chief Counsel for Advocacy of the Small
                                                                                                            Department of Defense (DoD) identified three
                                                    4.1103 to require offeror registration in                                                                     Business Administration. A copy of the
                                                                                                            clarifications that need to be made to the
                                                    SAM prior to submission of an offer.                    subpart and its associated provisions and             IRFA may be obtained from the
                                                       In addition, the proposed rule will                  clauses.                                              Regulatory Secretariat Division. DoD,
                                                    require contracting officers to use the                    Currently, the language in the FAR is not          GSA, and NASA invite comments from
                                                    name and physical address from the                      consistent in terms of whether offerors need          small business concerns and other
                                                    contractor’s SAM registration for the                   to be registered in SAM prior to submitting           interested parties on the expected
                                                    provided Data Universal Numbering                       an offer or prior to award. Per FAR clause            impact of this proposed rule on small
                                                    System (DUNS). We recognize that there                  52.204–7 an offeror is not ‘‘registered in the        entities.
                                                    is an ongoing FAR case (2015–022,                       SAM database’’ unless an offeror has                    DoD, GSA, and NASA will also
                                                    Unique Identification of Entities                       completed its online annual representations
                                                                                                            and certifications. FAR 52.204–8(b) and (d)
                                                                                                                                                                  consider comments from small entities
                                                    Receiving Federal Awards) to remove                     state that if clause 52.204–7 is included in          concerning the existing regulations in
                                                    the reference to the DUNS number, and                   the solicitation, then the offeror verifies by        subparts affected by the proposed rule
                                                    once the final rule from that case is                   submission of the offer that the                      consistent with 5 U.S.C. 610. Interested
                                                    published; references to the DUNS                       representations and certifications in SAM are         parties must submit such comments
                                                    number will be changed. This proposed                   current and accurate. While the clauses               separately and should cite 5 U.S.C. 610
                                                    rule also removes the term ‘‘division                   instruct offerors to complete representations         (FAR Case 2015–005), in
                                                    name’’ from the FAR text at FAR 4.1102,                 and certifications by registering in SAM prior        correspondence.
                                                    clause 52.204–13, and provision                         to submission of offers, the policy at FAR
                                                    52.212–4.                                               4.1102 states that SAM registration (which            VI. Paperwork Reduction Act
                                                                                                            includes online reps and certs) must be                  The Paperwork Reduction Act (44
                                                       The proposed rule also changes the
                                                                                                            completed by the time of award.
                                                    referenced Web site ‘‘acquisition.gov’’ to                 In order to correct this inconsistency the
                                                                                                                                                                  U.S.C. Chapter 35) applies. The
                                                    ‘‘SAM.gov’’ to be consistent with the                   rule proposes that offerors be registered in          proposed rule contains information
                                                    rest of the FAR. ‘‘Database’’ is also                   SAM prior to submission of an offer. Once             collection requirements. OMB has
                                                    added to ‘‘SAM’’ so that in the FAR it                  offerors are registered in SAM they are in the        cleared this information collection
                                                    is clearly understood that the reference                system and are only required to update SAM            requirement under OMB Control
                                                    is to the ‘‘SAM database’’.                             registration in accordance with the clause.           Number 9000–0159; Central Contractor
                                                                                                            This eliminates the need for potential                Registration. GSA has submitted a
                                                    II. Executive Orders 12866 and 13563                    offerors to complete reps and certs multiple          request to OMB to change the name of
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                       Executive Orders (E.O.s) 12866 and                   times when responding to solicitations.               the collection to ‘‘System for Award
                                                    13563 direct agencies to assess all costs                  The proposed rule would apply to small
                                                                                                            businesses that submit offers to the Federal
                                                                                                                                                                  Management Registration.’’ That request
                                                    and benefits of available regulatory                                                                          is pending.
                                                                                                            Government. The rule contains information
                                                    alternatives and, if regulation is                      collection requirements. OMB has cleared
                                                    necessary, to select regulatory                                                                               List of Subjects in 48 CFR Parts 2, 4, 7,
                                                                                                            this information collection requirement               9, 12, 13, 17, 18, 19, 22, 25, 26, 28, 32,
                                                    approaches that maximize net benefits                   under OMB Control Number 9000–0159,
                                                    (including potential economic,                          titled: Central Contractor Registration. GSA
                                                                                                                                                                  44, and 52
                                                    environmental, public health and safety                 has submitted a request to OMB to change                 Government procurement.


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                                                                               Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules                                           31897

                                                      Dated: May 17, 2016.                                  similar sections of non-uniform contract              the payment office, provide the DUNS
                                                    William Clark,                                          formats and agreements, and all                       number, or, if applicable, the DUNS+4,
                                                    Director, Office of Government-wide                     corresponding forms and data                          in accordance with agency procedures.
                                                    Acquisition Policy, Office of Acquisition               exchanges. Contracting officers shall
                                                    Policy, Office of Government-wide Policy.               make no changes to the data from SAM.                 4.1104   [Amended]
                                                       Therefore, DoD, GSA, and NASA are                      (d)(1)(i) If a contractor has legally               ■  6. Amend section 4.1104 by removing
                                                    proposing to amend 48 CFR parts 2, 4,                   changed its business name or ‘‘doing                  from the paragraph ‘‘https://
                                                    7, 9, 12, 13, 17, 18, 19, 22, 25, 26, 28,               business as’’ name (whichever is shown                www.acquisition.gov’’ and adding
                                                    32, 44, and 52, as set forth below:                     on the contract), or has transferred the              ‘‘https://www.sam.gov’’ in its place.
                                                    ■ 1. The authority citation for 48 CFR
                                                                                                            assets used in performing the contract,
                                                                                                                                                                  4.1200   [Amended]
                                                    parts 2, 4, 7, 9, 12, 13, 17, 18, 19, 22,               but has not completed the necessary
                                                                                                            requirements regarding novation and                   ■  7. Amend section 4.1200 by removing
                                                    25, 26, 28, 32, 44, and 52 continues to                                                                       from the introductory text ‘‘System for
                                                    read as follows:                                        change-of-name agreements in subpart
                                                                                                            42.12, the contractor shall provide the               Award Management (SAM)’’ and adding
                                                      Authority: 40 U.S.C. 121(c); 10 U.S.C.                responsible contracting officer a                     ‘‘System for Award Management (SAM)
                                                    chapter 137; and 51 U.S.C. 20113.                       minimum of one business day’s written                 database’’ in its place.
                                                    PART 2—DEFINITIONS OF WORDS                             notification of its intention to: Change              4.1201   [Amended]
                                                    AND TERMS                                               the name in the SAM database; comply
                                                                                                                                                                  ■  8. Amend section 4.1201 by—
                                                                                                            with the requirements of subpart 42.12;               ■  a. Removing from paragraph (a)
                                                    2.101    [Amended]                                      and agree in writing to the timeline and              ‘‘https://www.acquisition.gov’’ and
                                                    ■  2. Amend section 2.101 in paragraph                  procedures specified by the responsible               adding ‘‘https://www.sam.gov’’ in its
                                                    (b) by removing from the definition                     contracting officer. The contractor must              place; and
                                                    ‘‘Disaster Response Registry’’, ‘‘https://              provide with the notification sufficient              ■ b. Removing from paragraph (b)(1)
                                                    www.acquisition.gov’’ and adding                        documentation to support the legally                  ‘‘shall update’’ and adding ‘‘shall review
                                                    ‘‘https://www.sam.gov’’ in its place.                   changed name.                                         and update’’ in its place.
                                                                                                            *     *      *     *     *
                                                    PART 4—ADMINISTRATIVE MATTERS                           ■ 5. Revise section 4.1103 to read as                 PART 7—ACQUISITION PLANNING
                                                    ■ 3. Amend section 4.605 by revising                    follows:
                                                                                                                                                                  7.103    [Amended]
                                                    the introductory text of paragraph (c)(2)               4.1103    Procedures.                                 ■  9. Removing from paragraph (y)
                                                    to read as follows.                                        (a) Unless the acquisition is exempt               ‘‘https://www.acquisition.gov’’ and
                                                    4.605    Procedures.                                    under 4.1102, the contracting officer—                adding ‘‘https://www.sam.gov’’ in its
                                                                                                               (1) Shall verify that the prospective              place.
                                                    *     *     *    *     *                                contractor is registered in the SAM
                                                      (c) * * *                                             database (see paragraph (b) of this                   PART 9—CONTRACTOR
                                                      (2) Authorized generic DUNS
                                                                                                            section) at the time of offer or quote                QUALIFICATIONS
                                                    numbers, maintained by the Integrated
                                                                                                            submission;
                                                    Award Environment (IAE) Business                           (2) Should use the DUNS number or,                 ■  10. Amend section 9.404 by—
                                                    Operations Division program office                      if applicable, the DUNS+4 number, to                  ■  a. Revising the section heading;
                                                    (https://www.sam.gov), may be used to                   verify SAM registration—                              ■  b. Revising paragraph (a)(1);
                                                    report contracts in lieu of the                            (i) Via the Internet via https://                  ■  c. Removing from the introductory
                                                    contractor’s actual DUNS number only                    www.sam.gov;                                          text of paragraph (b) ‘‘The SAM
                                                    for—                                                       (ii) As otherwise provided by agency               Exclusions’’ and adding ‘‘An exclusion
                                                    *     *     *    *     *                                procedures; and                                       record in SAM’’ in its place;
                                                    ■ 4. Amend section 4.1102 by—                              (3) Need not verify SAM registration               ■ d. Removing from paragraph (b)(1) ‘‘of
                                                    ■ a. Revising the introductory text of                  before placing an order or call if the                all contractors debarred’’ and adding ‘‘of
                                                    paragraph (a);                                          contract or agreement includes the                    the contractor debarred’’ in its place;
                                                    ■ b. Redesignate paragraph (c) as                       provision at 52.204–7 System for Award                ■ e. Revising paragraph (c); and
                                                    paragraph (d);                                          Management, or the clause at 52.212–4                 ■ f. Removing from paragraph (d)
                                                    ■ c. Adding a new paragraph (c); and                    Contract Terms and Conditions—                        ‘‘https://www.acquisition.gov and
                                                    ■ d. Revising newly redesignated                        Commercial Items, or a similar agency                 adding ‘‘https://www.sam.gov’’ in its
                                                    paragraph (d)(1)(i).                                    clause, except when use of the                        place.
                                                      The revisions read as follows.                        Governmentwide commercial purchase                       The revisions read as follows:
                                                    4.1102    Policy.
                                                                                                            card is contemplated as a method of
                                                                                                                                                                  9.404 Exclusions in the System for Award
                                                                                                            payment. (See 32.1108(b)(2)).                         Management.
                                                      (a) Prospective contractors shall be                     (b) If the contract action is being
                                                    registered in the SAM database at the                   awarded pursuant to 4.1102(a)(5), or in                 (a) * * *
                                                    time an offer or quote is submitted in                  a manner that considers other such                      (1) Operates the web-based System for
                                                    order to comply with the annual                         instances of urgency, the contractor                  Award Management (SAM) which
                                                    representations and certifications                      shall be registered in the SAM database               contains Exclusions records; and
                                                    requirements (see FAR subpart 4.12) of                  within 30 days after contract award, or               *     *     *     *    *
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                                                    a contract or agreement, except for—                    at least three days prior to submission                 (c) Each agency must—
                                                    *     *     *     *    *                                of the first invoice, whichever occurs                  (1) Identify the individual(s)
                                                      (c) Contracting officers shall use the                first.                                                responsible for entering and updating
                                                    legal business name or ‘‘doing business                    (c) Agencies shall protect against                 exclusions data in SAM and assign the
                                                    as’’ name and physical address from the                 improper disclosure of Contractor or                  appropriate roles in SAM;
                                                    contractor’s SAM registration for the                   offeror SAM information.                                (2) Remove the exclusion roles in
                                                    provided DUNS number to identify the                       (d) The contracting officer shall, on              SAM when the individual leaves the
                                                    contractor in Schedule A of the contract,               contractual documents transmitted to                  organization or changes functions;


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                                                    31898                      Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules

                                                      (3) For each Exclusion accomplished                   PART 18—EMERGENCY                                     PART 25—FOREIGN ACQUISITION
                                                    by the Agency enter the information                     ACQUISITIONS
                                                    required by paragraph (b) of this section                                                                     ■ 19. Amend section 25.703–3 by
                                                    within 3 working days after the action                  ■ 14. Revise section 18.102 to read as                revising paragraph (a) to read as follows.
                                                    becomes effective;                                      follows.                                              25.703–3 Prohibition on contracting with
                                                      (4) For each Exclusion accomplished                                                                         entities that export sensitive technology to
                                                    by the Agency determine whether it is                   18.102    System for Award Management.                Iran.
                                                    legally permitted to enter the SSN, EIN,                  Contractors are not required to be                     (a) The head of an executive agency
                                                    or other TIN, under agency authority to                 registered in the System for Award                    may not enter into or extend a contract
                                                    suspend or debar;                                       Management (SAM) database for                         for the procurement of goods or services
                                                      (5) For each Exclusion accomplished                   contracts awarded to support unusual or               with a person that exports certain
                                                    by the Agency update the exclusion                      compelling needs or emergency                         sensitive technology to Iran, as
                                                    record in the SAM database, generally                   operations (see 4.1102). However,                     determined by the President and is
                                                    within 5 working days after modifying                   contractors are required to be registered             listed as being excluded in the System
                                                    or rescinding an action;                                in the SAM database in order to gain                  for Award Management database (see
                                                      (6) In accordance with internal                       access to the Disaster Response Registry.             via http://www.sam.gov) (22 U.S.C.
                                                    retention procedures, maintain records                  Contracting officers shall consult the                8515).
                                                    relating to each debarment, suspension,                 Disaster Response Registry via https://               *      *    *     *    *
                                                    or proposed debarment taken by the                      www.sam.gov to determine the
                                                    agency;                                                 availability of contractors for debris                PART 26—OTHER SOCIOECONOMIC
                                                      (7) Establish procedures to ensure that               removal, distribution of supplies,                    PROGRAMS
                                                    the agency does not solicit offers from,                reconstruction, and other disaster or
                                                    award contracts to, or consent to                                                                             26.205    [Amended]
                                                                                                            emergency relief activities inside the
                                                    subcontracts with contractors who have                                                                        ■  20. Amended section 26.205 by
                                                                                                            United States and outlying areas. (See
                                                    an active exclusion record in the SAM                                                                         removing from paragraphs (a) and (b)
                                                                                                            26.205).
                                                    database, except as otherwise provided                                                                        ‘‘https://www.acquisition.gov’’ and
                                                    in this subpart;                                        PART 19—SMALL BUSINESS                                adding ‘‘https://www.sam.gov’’ in their
                                                      (8) Direct inquiries concerning listed                PROGRAMS                                              places.
                                                    contractors to the agency or other
                                                    authority that took the action; and                     19.307    [Amended]                                   PART 28—BONDS AND INSURANCE
                                                      (9) Contact GSA for technical                         ■  15. Amend section 19.307 by                        ■ 21. Amend section 28.203–7 by
                                                    assistance with SAM, via the support                    removing from paragraph (i)(3)(iii)                   revising paragraph (c); and removing
                                                    email address or on the technical                       ‘‘(SAM)’’ and adding ‘‘(SAM) database’’               from paragraph (d) ‘‘(see 9.404) unless’’
                                                    support phone line available at the SAM                 in its place; and removing from                       and adding ‘‘(see 9.404), unless’’ in its
                                                    Web site provided in paragraph (d) of                   paragraph (i)(5)(iii) ‘‘designation in                place.
                                                    this section.                                           SAM’’ and adding ‘‘designation in the                    The revision reads as follows:
                                                    *     *     *    *     *                                SAM database’’ in its place.                          28.203–7    Exclusion of individual sureties.
                                                    PART 12—ACQUISITION OF                                  19.308    [Amended]                                   *     *    *     *    *
                                                    COMMERCIAL ITEMS                                                                                                (c) An individual surety excluded
                                                                                                            ■  16. Amend section 19.308 by                        pursuant to this subsection shall be
                                                    12.301   [Amended]                                      removing from paragraph (i)(3)(iii)                   entered in the System for Award
                                                    ■  11. Removing from paragraphs (d)(1)                  ‘‘(SAM)’’ and adding ‘‘(SAM) database’’               Management Exclusions (see 9.404).
                                                    and (2) ‘‘registered in SAM’’ and adding                in its place; and removing from                       *     *    *     *    *
                                                    ‘‘registered in the SAM database’’ in                   paragraph (i)(5)(iii) ‘‘designation in
                                                    their places, respectively.                             SAM’’ and adding ‘‘designation in the                 PART 32—CONTRACT FINANCING
                                                                                                            SAM database’’ in its place.
                                                    PART 13—SIMPLIFIED ACQUISITION                                                                                32.805    [Amended]
                                                    PROCEDURES                                              19.1503    [Amended]                                  ■ 22. Amend section 32.805 by
                                                                                                            ■  17. Amend section 19.1503 by                       removing from paragraph (d)(4)
                                                    13.102   [Amended]                                                                                            ‘‘Management’’ and adding
                                                                                                            removing from paragraph (b)(1)
                                                    ■  12. Amend section 13.102 by                          ‘‘(SAM)’’ and adding ‘‘(SAM) database’’               ‘‘Management database’’ in its place.
                                                    removing from paragraph (a) ‘‘https://                  in its place.
                                                    www.acquisition.gov’’ and adding                                                                              32.1108    [Amended]
                                                    ‘‘https://www.sam.gov’’ in its place.                   PART 22—APPLICATION OF LABOR                          ■  23. Amend section 32.1108 by
                                                                                                            LAWS TO GOVERNMENT                                    removing from paragraph (b)(2)(i)
                                                    PART 17—SPECIAL CONTRACTING                             ACQUISITIONS                                          ‘‘(SAM)’’ and adding ‘‘(SAM) database’’
                                                    METHODS                                                                                                       in its place; and removing from
                                                                                                            ■ 18. Amend section 22.1025 by                        paragraph (b)(2)(ii) ‘‘SAM indicates’’
                                                    ■ 13. Amend section 17.207 by revising
                                                                                                            revising the first sentence of the text to            and adding ‘‘SAM database indicates’’
                                                    paragraph (c)(5) to read as follows.
                                                                                                            read as follows.                                      in its place.
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                                                    17.207   Exercise of options.                                                                                 ■ 24. Amend section 32.1110 by

                                                    *     *    *     *    *                                 22.1025    Ineligibility of violators.                revising the introductory text of
                                                      (c) * * *                                                                                                   paragraph (a)(1) to read as follows:
                                                                                                              Persons or firms found to be in
                                                      (5) The contractor does not have an                   violation of the Service Contract Labor               32.1110 Solicitation provision and
                                                    active exclusion record in the System                   Standards statute will have an active                 contract clauses.
                                                    for Award Management Exclusions                         exclusion record contained in the                       (a) * * *
                                                    database (see FAR 9.405–1);                             System for Award Management                             (1) 52.232–33, Payment by Electronic
                                                    *     *    *     *    *                                 Exclusions database (see 9.404). * * *                Funds Transfer—System for Award


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                                                                               Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules                                            31899

                                                    Management, in solicitations and                        registered in the SAM database and the                removing from paragraph (d) ‘‘https://
                                                    contracts that include the provision at                 requirement that a prospective awardee                www.acquisition.gov’’ and adding
                                                    52.204–7, System for Award                              shall continue to be registered at time of            ‘‘https://www.sam.gov’’ in its place.
                                                    Management or an agency clause that                     award, during performance, and through                   The revision reads as follows:
                                                    requires a contractor to be registered in               final payment of any contract, basic
                                                                                                                                                                  52.209–7 Information Regarding
                                                    the SAM database and maintain                           agreement, basic ordering agreement, or
                                                                                                                                                                  Responsibility Matters.
                                                    registration until final payment,                       blanket purchasing agreement resulting
                                                    unless—                                                 from this solicitation.                               *        *       *    *   *
                                                    *     *     *     *     *                               ■ 27. Amend section 52.204–8 by—                      Information Regarding Responsibility
                                                                                                            ■ a. Revising the date of the provision,              Matters (Date)
                                                    PART 44—SUBCONTRACTING                                  ■ b. Removing from the introductory
                                                                                                                                                                  *      *    *    *     *
                                                    POLICIES AND PROCEDURES                                 text of paragraph (b)(2) ‘‘Management                 ■  30. Amend section 52.209–9 by
                                                                                                            (SAM),’’ and adding ‘‘Management                      revising the date of the clause and
                                                    ■ 25. Amend section 44.202–2 by                         (SAM) database’’ in its place; and                    removing from paragraph (a) ‘‘https://
                                                    revising paragraph (a)(13) to read as                   ■ c. Removing from paragraph (d)
                                                                                                                                                                  www.acquisition.gov’’ and adding
                                                    follows:                                                ‘‘https://www.acquisition.gov’’ and                   ‘‘https://www.sam.gov’’ in its place.
                                                                                                            adding ‘‘https://www.sam.gov’’ in its                    The revision reads as follows:
                                                    44.202–2    Considerations.
                                                                                                            place.
                                                       (a) * * *                                               The revisions read as follows:                     52.209–9 Updates of Publicly Available
                                                       (13) Is the proposed subcontractor                                                                         Information Regarding Responsibility
                                                    listed as being excluded in the System                  52.204–8 Annual Representations and                   Matters.
                                                    for Award Management database (see                      Certifications.
                                                                                                                                                                  *        *       *    *   *
                                                    subpart 9.4)?                                           *      *     *       *       *
                                                                                                                                                                  Updates of Publicly Available Information
                                                    *      *     *    *    *                                Annual Representations and Certifications             Regarding Responsibility Matters (Date)
                                                                                                            (Date)
                                                    PART 52—SOLICITATION PROVISIONS                                                                               *     *    *     *     *
                                                                                                            *      *     *    *      *                            ■ 31. Amend section 52.212–1 by
                                                    AND CONTRACT CLAUSES                                    ■  28. Amend section 52.204–13 by—                    revising the date of provision and
                                                    ■  26. Amend section 52.204–7 by—                       ■  a. Revising the date of the clause;
                                                                                                            ■  b. Removing from the first sentence of             paragraph (k) to read as follows:
                                                    ■  a. Revising the date of the provision;
                                                    ■  b. Revising paragraph (b)(1);                        paragraph (b) ‘‘for the accuracy’’ and                52.212–1 Instructions to Offerors—
                                                    ■  c. Removing from paragraph (c)(2)(i)                 adding ‘‘for currency, accuracy’’ in its              Commercial Items.
                                                    ‘‘legal business.’’ and adding ‘‘legal                  place; and removing from the last                     *        *       *    *   *
                                                    business name.’’ in its place;                          sentence ‘‘the SAM does’’ and adding
                                                                                                            ‘‘the SAM database does’’ in its place;               Instructions to Offerors—Commercial Items
                                                    ■ d. Revising paragraph (d);
                                                                                                            ■ c. Revising the first sentence of the               (Date)
                                                    ■ e. Removing paragraphs (e) and (f);
                                                    and                                                     introductory text of paragraph (c)(1)(i);             *      *     *     *    *
                                                    ■ f. Revising the date of Alternate I and               ■ d. Removing from the second sentence                   (k) System for Award Management.
                                                    paragraph (b)(1) of Alternate I.                        of paragraph (c)(2) ‘‘in the SAM’’ and                Unless exempted by an addendum to
                                                       The revisions read as follows.                       adding ‘‘in the SAM database’’ in its                 this solicitation, by submission of an
                                                                                                            place; and                                            offer, the offeror acknowledges that the
                                                    52.204–7    System for Award Management.                ■ e. Removing from paragraph (d)                      offeror is registered in the SAM database
                                                    *      *     *       *      *                           ‘‘https://www.acquisition.gov’’ and                   and the requirement that a prospective
                                                                                                            adding ‘‘https://www.sam.gov’’ in its                 awardee shall continue to be registered
                                                    System for Award System (Date)
                                                                                                            place.                                                at time of award, during performance
                                                    *      *    *      *    *                                  The revisions read as follows:                     and through final payment of any
                                                       (b)(1) By submission of an offer, the                                                                      contract resulting from this solicitation.
                                                    offeror acknowledges that the offeror is                52.204–13 System for Award Management
                                                                                                            Maintenance.
                                                                                                                                                                  If the Offeror is not registered in the
                                                    registered in the SAM database and the                                                                        SAM database prior to award of the
                                                    requirement that a prospective awardee                  *      *     *       *       *                        contract, except in instances of urgency
                                                    shall continue to be registered at time of              System for Award Management                           (see 4.1102(a)(5), the Contracting Officer
                                                    award, during performance, and through                  Maintenance (Date)                                    will proceed to award to the next
                                                    final payment of any contract, basic                    *       *     *    *     *                            otherwise successful registered Offeror.
                                                    agreement, basic ordering agreement, or                    (c) * * *                                          Offerors may obtain information on
                                                    blanket purchasing agreement resulting                     (1) * * *                                          registration and annual confirmation
                                                    from this solicitation.                                    (i) If a Contractor has legally changed            requirements via the SAM database
                                                    *      *    *      *    *                               its business name or doing business as                accessed through https://www.sam.gov.
                                                       (d) Processing time, which normally                  name (whichever is shown on the                       *      *     *     *    *
                                                    takes 48 hours, should be taken into                    contract), or has transferred the assets              ■ 32. Amend section 52.212–3 by—
                                                    consideration when registering. Offerors                used in performing the contract, but has              ■ a. Revising the date of the provision;
                                                    who are not registered in the SAM                       not completed the necessary                           ■ b. Removing from the introductory
                                                    database should consider applying for                   requirements regarding novation and                   text of the provision ‘‘http://
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                                                    registration immediately upon receipt of                change-of-name agreements in subpart                  www.acquisition.gov’’ and adding
                                                    this solicitation. See https://                         42.12, the Contractor shall provide the               ‘‘https://www.sam.gov’’ in its place;
                                                    www.sam.gov for information on                          responsible Contracting Officer a                     ■ c. Revising paragraph (b)(2); and
                                                    registration.                                           minimum of one business day’s written                 ■ d. Removing from the introductory
                                                    *      *    *      *    *                               notification of its intention to—                     text of paragraph (p) ‘‘registered in
                                                       Alternate I (Date). * * *                            *       *     *    *     *                            SAM’’ and adding ‘‘registered in the
                                                       (b)(1) By submission of an offer, the                ■ 29. Amend section 52.209–7 by                       SAM database’’ in its place.
                                                    offeror acknowledges that the offeror is                revising the date of the provision and                   The revision reads as follows:


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                                                    31900                      Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules

                                                    52.212–3 Offeror Representations and                    within the SAM database, and for any                  Hawaii Island under the Endangered
                                                    Certifications—Commercial Items.                        liability resulting from the                          Species Act of 1973, as amended (Act).
                                                    *      *     *       *      *                           Government’s reliance on inaccurate or                We are reopening the comment period
                                                    Offeror Representations and Certifications—
                                                                                                            incomplete data. To remain registered in              to allow all interested parties further
                                                    Commercial Items (Date)                                 the SAM database after the initial                    opportunity to comment on areas that
                                                                                                            registration, the Contractor is required              we are considering for exclusion from
                                                    *      *     *     *     *
                                                                                                            to review and update on an annual basis               critical habitat designation in the final
                                                       (b) * * *
                                                       (2) The offeror has completed the                    from the date of initial registration or              rule. Comments previously submitted
                                                    annual representations and                              subsequent updates, its information in                on the proposed rule do not need to be
                                                    certifications electronically via the SAM               the SAM database to ensure it is current,             resubmitted, as they will be fully
                                                    Web site accessed through http://                       accurate and complete. Updating                       considered in preparation of the final
                                                    www.sam.gov. After reviewing the SAM                    information in the SAM does not alter                 rule.
                                                    database information, the offeror verifies              the terms and conditions of this contract             DATES: Written Comments: We will
                                                    by submission of this offer that the                    and is not a substitute for a properly                consider comments received or
                                                    representations and certifications                      executed contractual document.                        postmarked on or before June 6, 2016.
                                                    currently posted electronically at FAR                     (2)(i) If a Contractor has legally                 Please note comments submitted
                                                    52.212–3, Offeror Representations and                   changed its business name or ‘‘doing                  electronically using the Federal
                                                    Certifications—Commercial Items, have                   business as’’ name (whichever is shown                eRulemaking Portal (see ADDRESSES,
                                                    been entered or updated in the last 12                  on the contract), or has transferred the              below) must be received by 11:59 p.m.
                                                    months, are current, accurate, complete,                assets used in performing the contract,               Eastern Time on the closing date. If you
                                                    and applicable to this solicitation                     but has not completed the necessary                   are submitting your comments by hard
                                                    (including the business size standard                   requirements regarding novation and                   copy, please mail them by June 6, 2016,
                                                    applicable to the NAICS code referenced                 change-of-name agreements in FAR                      to ensure that we receive them in time
                                                    for this solicitation), at the time an offer            subpart 42.12, the Contractor shall                   to give them full consideration.
                                                    is submitted and are incorporated in                    provide the responsible Contracting                   ADDRESSES: Document Availability: You
                                                    this offer by reference (see FAR 4.1201),               Officer a minimum of one business                     may obtain copies of the October 17,
                                                    except for paragraphs lll. [Offeror to                  day’s written notification of its intention           2012, proposed rule, this document, and
                                                    identify the applicable paragraphs at (c)               to: change the name in the SAM                        the draft economic analysis of the
                                                    through (r) of this provision that the                  database; comply with the requirements                proposed designation of critical habitat
                                                    offeror has completed for the purposes                  of subpart 42.12; and agree in writing to             at http://www.regulations.gov at Docket
                                                    of this solicitation only, if any.                      the timeline and procedures specified                 Number FWS–R1–ES–2013–0028, from
                                                       These amended representation(s)                      by the responsible Contracting Officer.               the Pacific Islands Fish and Wildlife
                                                    and/or certification(s) are also                        The Contractor must provide with the                  Office’s Web site (http://www.fws.gov/
                                                    incorporated in this offer and are                      notification sufficient documentation to              pacificislands/), or by contacting the
                                                    current, accurate, and complete as of                   support the legally changed name.                     Pacific Islands Fish and Wildlife Office
                                                    the date of this offer.                                 *      *       *    *    *                            directly (see FOR FURTHER INFORMATION
                                                       Any changes provided by the offeror                  [FR Doc. 2016–11977 Filed 5–19–16; 8:45 am]           CONTACT).
                                                    are applicable to this solicitation only,               BILLING CODE 6820–EP–P                                   Written Comments: You may submit
                                                    and do not result in an update to the                                                                         written comments by one of the
                                                    representations and certifications                                                                            following methods:
                                                    posted electronically on SAM.]                          DEPARTMENT OF THE INTERIOR                               (1) Electronically: Go to the Federal
                                                    *      *     *     *     *                                                                                    eRulemaking Portal: http://
                                                    ■ 33. Amend section 52.212–4 by—                        Fish and Wildlife Service                             www.regulations.gov. Search for Docket
                                                    ■ a. Revising the date of the clause;                                                                         No. FWS–R1–ES–2013–0028, which is
                                                    ■ b. Revising paragraphs (t)(1) and                     50 CFR Part 17                                        the docket number for this rulemaking,
                                                    (t)(2)(i);                                              [Docket No. FWS–R1–ES–2013–0028;                      and follow the directions for submitting
                                                    ■ c. Removing from paragraph (t)(4)                     4500030114]                                           a comment.
                                                    ‘‘https://www.acquisition.gov’’ and                                                                              (2) By hard copy: Submit by U.S. mail
                                                    adding ‘‘https://www.sam.gov’’ in its                   RIN 1018–AZ38                                         or hand-delivery to: Public Comments
                                                    place; and                                                                                                    Processing, Attn: FWS–R1–ES–2013–
                                                                                                            Endangered and Threatened Wildlife
                                                    ■ d. Removing from paragraph (v)                                                                              0028; Division of Policy, Performance,
                                                                                                            and Plants; Designating Critical
                                                    ‘‘System for Award Management                                                                                 and Management Programs; U.S. Fish
                                                                                                            Habitat for Three Plant Species on
                                                    (SAM)’’ and adding ‘‘SAM database’’ in                                                                        and Wildlife Service; MS: BPHC; 5275
                                                                                                            Hawaii Island
                                                    its place.                                                                                                    Leesburg Pike; Falls Church, VA 22041–
                                                       The revised text reads as follows:                   AGENCY:   Fish and Wildlife Service,                  3803.
                                                                                                            Interior.                                                We will post all comments we receive
                                                    52.212–4 Contract Terms and
                                                                                                            ACTION: Proposed rule; reopening of
                                                                                                                                                                  on http://www.regulations.gov. This
                                                    Conditions—Commercial Items.
                                                                                                            comment period.                                       generally means that we will post any
                                                    *      *     *       *      *                                                                                 personal information you provide us
                                                    Contract Terms and Conditions—                          SUMMARY:  We, the U.S. Fish and                       (see Public Comments, below, for more
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                                                    Commercial Items (Date)                                 Wildlife Service (Service), announce the              information).
                                                    *     *    *     *     *                                reopening of the public comment period                FOR FURTHER INFORMATION CONTACT:
                                                      (t) * * * (1) Unless exempted by an                   on our October 17, 2012, proposed                     Mary Abrams, Field Supervisor, Pacific
                                                    addendum to this contract, the                          designation of critical habitat for three             Islands Fish and Wildlife Office, 300
                                                    Contractor is responsible during                        plant species (Bidens micrantha ssp.                  Ala Moana Boulevard, Room 3–122,
                                                    performance and through final payment                   ctenophylla (kookoolau), Isodendrion                  Honolulu, HI 96850; by telephone at
                                                    of any contract for the currency,                       pyrifolium (wahine noho kula), and                    808–792–9400; or by facsimile at 808–
                                                    accuracy and completeness of the data                   Mezoneuron kavaiense (uhiuhi)) on                     792–9581. Persons who use a


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Document Created: 2016-05-20 01:59:50
Document Modified: 2016-05-20 01:59:50
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
ContactMr. Curtis E. Glover, Sr., Procurement Analyst, at 202-501-1448 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 2015-005.
FR Citation81 FR 31895 
RIN Number9000-AN19
CFR Citation48 CFR 12
48 CFR 13
48 CFR 17
48 CFR 18
48 CFR 19
48 CFR 22
48 CFR 25
48 CFR 26
48 CFR 28
48 CFR 2
48 CFR 32
48 CFR 4
48 CFR 44
48 CFR 52
48 CFR 7
48 CFR 9

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