81 FR 45866 - Federal Acquisition Regulation; Technical Amendments

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 135 (July 14, 2016)

Page Range		45866-45868
FR Document		2016-16249

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

Federal Register, Volume 81 Issue 135 (Thursday, July 14, 2016)

[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45866-45868]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16249]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4 and 52

[FAC 2005-89; Item V; Docket No. 2016-0052; Sequence No. 3]


Federal Acquisition Regulation; Technical Amendments

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

ACTION: Final rule.

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

DATES: Effective: July 14, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Hada Flowers, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, 
DC 20405, 202-501-4755. Please cite FAC 2005-89, Technical Amendments.

SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 
CFR parts 4 and 52 this document makes editorial changes to the FAR.

List of Subjects in 48 CFR Parts 4 and 52

    Government procurement.

    Dated: June 30, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 4 and 52, as set 
forth below:

0
1. The authority citation for 48 CFR parts 4 and 52 continues to read 
as follow:

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

PART 4--ADMINISTRATIVE MATTERS

0
2. Amend section 4.1801 by revising the definition of ``Commercial and 
Government Entity (CAGE) code'' to read as follows:


4.1801  Definitions.

* * * * *
    Commercial and Government Entity (CAGE) code means-
    (1) An identifier assigned to entities located in the United States 
or its outlying areas by the Defense Logistics Agency (DLA) Commercial 
and Government Entity (CAGE) Branch to identify a commercial or 
government entity; or
    (2) An identifier assigned by a member of the North Atlantic Treaty 
Organization (NATO) or by the NATO Support and Procurement Agency 
(NSPA) to entities located outside the United States and its outlying 
areas that the DLA Commercial and Government Entity (CAGE) Branch 
records and maintains in the CAGE master file. This type of code is 
known as a NATO CAGE (NCAGE) code.


[[Page 45867]]



0
3. Amend section 4.1803 by revising paragraph (b) to read as follows:


4.1803  Verifying CAGE codes prior to award.

* * * * *
    (b) For entities not required to be registered in SAM, the 
contracting officer shall validate the CAGE code using the CAGE code 
search feature at https://cage.dla.mil.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Amend section 52.204-16 by--
0
a. Revising the date of the provision;
0
b. In paragraph (a), revising the definition of ``Commercial and 
Government Entity (CAGE) code'';
0
c. Removing from paragraph (c)(1) the word ``Contractor'' and adding 
``Commercial'' in its place; and
0
d. Revising paragraphs (c)(2) and (3), and (d).
    The revisions read as follows:


52.204-16  Commercial and Government Entity Code Reporting.

* * * * *

Commercial and Government Entity Code Reporting (Jul 2016)

* * * * *

    Commercial and Government Entity (CAGE) code means--
    (1) An identifier assigned to entities located in the United 
States or its outlying areas by the Defense Logistics Agency (DLA) 
Commercial and Government Entity (CAGE) Branch to identify a 
commercial or government entity; or
    (2) An identifier assigned by a member of the North Atlantic 
Treaty Organization (NATO) or by the NATO Support and Procurement 
Agency (NSPA) to entities located outside the United States and its 
outlying areas that the DLA Commercial and Government Entity (CAGE) 
Branch records and maintains in the CAGE master file. This type of 
code is known as a NATO CAGE (NCAGE) code.
    (c) * * *
    (2) The DLA Commercial and Government Entity (CAGE) Branch. If 
registration in SAM is not required for the subject procurement, and 
the offeror does not otherwise register in SAM, an offeror located 
in the United States or its outlying areas may request that a CAGE 
code be assigned by submitting a request at https://cage.dla.mil.
    (3) The appropriate country codification bureau. Entities 
located outside the United States and its outlying areas may obtain 
an NCAGE code by contacting the Codification Bureau in the foreign 
entity's country if that country is a member of NATO or a sponsored 
nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign 
entity's country is not a member of NATO or a sponsored nation. 
Points of contact for codification bureaus, as well as additional 
information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
    (d) Additional guidance for establishing and maintaining CAGE 
codes is available at https://cage.dla.mil.
* * * * *


0
5. Amend section 52.204-17 by--
0
a. Revising the date of the provision; and
0
b. In paragraph (a), revising the definition of ``Commercial and 
Government Entity (CAGE) code''.
    The revisions read as follows:


52.204-17  Ownership or Control of Offeror.

* * * * *

Ownership or Control of Offeror (Jul 2016)

* * * * *

    Commercial and Government Entity (CAGE) code means--
    (1) An identifier assigned to entities located in the United 
States or its outlying areas by the Defense Logistics Agency (DLA) 
Commercial and Government Entity (CAGE) Branch to identify a 
commercial or government entity; or
    (2) An identifier assigned by a member of the North Atlantic 
Treaty Organization (NATO) or by the NATO Support and Procurement 
Agency (NSPA) to entities located outside the United States and its 
outlying areas that the DLA Commercial and Government Entity (CAGE) 
Branch records and maintains in the CAGE master file. This type of 
code is known as a NATO CAGE (NCAGE) code.

* * * * *


0
6. Amend section 52.204-18 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), revising the definition of ``Commercial and 
Government Entity (CAGE) code'';
0
c. Removing from paragraph (b) the word ``DLA Contractor'' and adding 
``DLA Commercial'' in its place; and
0
d. Revising paragraphs (c) through (e);
    The revisions read as follows:


52.204-18  Commercial and Government Entity Code Maintenance.

* * * * *

Commercial and Government Entity Code Maintenance (Jul 2016)

* * * * *

    Commercial and Government Entity (CAGE) code means--
    (1) An identifier assigned to entities located in the United 
States or its outlying areas by the Defense Logistics Agency (DLA) 
Commercial and Government Entity (CAGE) Branch to identify a 
commercial or government entity; or
    (2) An identifier assigned by a member of the North Atlantic 
Treaty Organization (NATO) or by the NATO Support and Procurement 
Agency (NSPA) to entities located outside the United States and its 
outlying areas that the DLA Commercial and Government Entity (CAGE) 
Branch records and maintains in the CAGE master file. This type of 
code is known as a NATO CAGE (NCAGE) code.
* * * * *
    (c) Contractors located in the United States or its outlying 
areas that are not registered in SAM shall submit written change 
requests to the DLA Commercial and Government Entity (CAGE) Branch. 
Requests for changes shall be provided at https://cage.dla.mil. 
Change requests to the CAGE master file are accepted from the entity 
identified by the code.
    (d) Contractors located outside the United States and its 
outlying areas that are not registered in SAM shall contact the 
appropriate National Codification Bureau (points of contact 
available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.
    (e) Additional guidance for maintaining CAGE codes is available 
at https://cage.dla.mil.



0
7. Amend section 52.204-20 by--
0
a. Revising the date of the provision; and
0
b. In paragraph (a), revising the definition ``Commercial and 
Government Entity (CAGE) code''.
    The revisions read as follows:


52.204-20  Predecessor of Offeror.

* * * * *

Predecessor of Offeror (Jul 2016)

* * * * *

    Commercial and Government Entity (CAGE) code means--
    (1) An identifier assigned to entities located in the United 
States or its outlying areas by the Defense Logistics Agency (DLA) 
Commercial and Government Entity (CAGE) Branch to identify a 
commercial or government entity; or
    (2) An identifier assigned by a member of the North Atlantic 
Treaty Organization (NATO) or by the NATO Support and Procurement 
Agency (NSPA) to entities located outside the United States and its 
outlying areas that the DLA Commercial and Government Entity (CAGE) 
Branch records and maintains in the CAGE master file. This type of 
code is known as a NATO CAGE (NCAGE) code.
* * * * *



0
8. Amend section 52.212-3 by revising the date of the provision, and 
removing from the introductory text ``Web site accessed through http://www.acquisition.gov'' and adding ``Web site located at https://
www.sam.gov/portal'' in its place.
    The revision reads as follows:


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

* * * * *

[[Page 45868]]

Offeror Representations and Certifications--Commercial Items (Jul 2016)

* * * * *
[FR Doc. 2016-16249 Filed 7-13-16; 8:45 am]
BILLING CODE 6820-EP-P

45868 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations

Offeror Representations and DEPARTMENT OF DEFENSE accordance with section 212 of the
Certifications—Commercial Items (Jul Small Business Regulatory Enforcement
2016) GENERAL SERVICES Fairness Act of 1996. It consists of a
ADMINISTRATION summary of the rules appearing in
* * * * *
[FR Doc. 2016–16249 Filed 7–13–16; 8:45 am]
Federal Acquisition Circular (FAC)
NATIONAL AERONAUTICS AND 2005–89, which amends the Federal
BILLING CODE 6820–EP–P SPACE ADMINISTRATION Acquisition Regulation (FAR). An
asterisk (*) next to a rule indicates that
48 CFR Chapter 1 a regulatory flexibility analysis has been
[Docket No. FAR 2016–0051, Sequence prepared. Interested parties may obtain
No. 3] further information regarding these
rules by referring to FAC 2005–89,
Federal Acquisition Regulation; which precedes this document. These
Federal Acquisition Circular 2005–89; documents are also available via the
Small Entity Compliance Guide Internet at http://www.regulations.gov.
AGENCY: Department of Defense (DoD), DATES: July 14, 2016.
General Services Administration (GSA),
and National Aeronautics and Space FOR FURTHER INFORMATION CONTACT: For
Administration (NASA). clarification of content, contact the
ACTION: Small Entity Compliance Guide. analyst whose name appears in the table
below. Please cite FAC 2005–89 and the
SUMMARY: This document is issued FAR case number. For information
under the joint authority of DOD, GSA, pertaining to status or publication
and NASA. This Small Entity schedules, contact the Regulatory
Compliance Guide has been prepared in Secretariat Division at 202–501–4755.

RULES LISTED IN FAC 2005–89
Item Subject FAR Case Analyst

*I ........................ Small Business Subcontracting Improvements ............................................................. 2014–003 Uddowla.
II ........................ OMB Circular Citation Update ....................................................................................... 2014–023 Hopkins.
III ....................... FPI Blanket Waiver Threshold ....................................................................................... 2016–008 Uddowla.
*IV ..................... Revision to Standard Forms for Bonds ......................................................................... 2015–025 Hopkins.
V ........................ Technical Amendments ................................................................................................. ........................

SUPPLEMENTARY INFORMATION: described above, the prime contractor is contracting officer’s notice of report
Summaries for each FAR rule follow. required to explain, in writing, within rejection.
For the actual revisions and/or 30 days of contract completion, to the (8) Requires prime contractors to
amendments made by these rules, refer contracting officer the reasons why it provide the socioeconomic status of the
to the specific item numbers and was unable to do so. subcontractor in the notification to
subjects set forth in the documents (2) Authorizes contracting officers to unsuccessful offerors for subcontracts.
following these item summaries. FAC calculate subcontracting goals in terms (9) Requires prime contracts with
2005–89 amends the FAR as follows: of total contract dollars in addition to subcontracting plans on task and
the required goals in terms of total delivery order contracts to report order
Item I—Small Business Subcontracting
subcontracted dollars. level subcontracting information after
Improvements (FAR Case 2014–003)
(3) Provides contracting officers with November 2017.
This final rule amends the FAR to (10) Facilitates funding agencies
the discretion to require a
implement SBA’s final rule published at receiving small business subcontracting
subcontracting plan in instances where
78 FR 42391 on July 16, 2013. The rule credit.
a small business rerepresents its size as
will implement the statutory (11) On indefinite-delivery,
an other than small business.
requirements set forth in section 1321 indefinite-quantity contracts, allows the
and 1322 of the Small Business Jobs Act (4) Requires subcontracting plans
contracting officer to establish
of 2010, (Pub. L. 111–240), as well as even for modifications under the
subcontracting goals at the order level
other requirements aimed at improving subcontracting plan threshold if said
(but not a new subcontracting plan).
subcontracting regulations to increase modifications would cause the contract
This rule may have a positive
small business opportunities. This rule to exceed the plan threshold.
economic impact on any small business
accomplishes the following: (5) Requires prime contractors to entity that wishes to participate in the
(1) Requires prime contractors to assign North American Industry Federal procurement arena as a
make good faith efforts to utilize their Classification System (NAICS) codes to subcontractor.
proposed small business subcontractors subcontracts.
mstockstill on DSK3G9T082PROD with RULES2

during performance of a contract to the (6) Restricts prime contractors from Item II—OMB Circular Citation Update
same degree the prime contractor relied prohibiting a subcontractor from (FAR Case 2014–023)
on the small business in preparing and discussing payment or utilization This final rule amends the FAR to
submitting its bid or proposal. To the matters with the contracting officer. update outdated OMB Circular citation
extent a prime contractor is unable to (7) Requires prime contractors to references. On December 26, 2013, the
make a good faith effort to utilize its resubmit a corrected subcontracting Office of Management and Budget
small business subcontractors as report within 30 days of receiving the (OMB) published new guidance at 2

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Document Created: 2016-07-14 01:55:23
Document Modified: 2016-07-14 01:55:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective: July 14, 2016.
Contact		Ms. Hada Flowers, Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202-501-4755. Please cite FAC 2005-89, Technical Amendments.
FR Citation		81 FR 45866
CFR Citation		48 CFR 4 48 CFR 52

81 FR 45866 - Federal Acquisition Regulation; Technical Amendments

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 135 (July 14, 2016)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION