81_FR_67926 81 FR 67736 - Federal Acquisition Regulation; Unique Identification of Entities Receiving Federal Awards

81 FR 67736 - Federal Acquisition Regulation; Unique Identification of Entities Receiving Federal Awards

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67736-67763
FR Document2016-23198

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to redesignate the terminology for unique identification of entities receiving Federal awards. The change to the FAR removes the proprietary standard or number.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016) 
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67736-67763]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23198]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 9, 12, 19, 52, and 53

[FAC 2005-91; FAR Case 2015-022; Item V; Docket No. 2015-0022, Sequence 
No. 1]
RIN 9000-AN00


Federal Acquisition Regulation; Unique Identification of Entities 
Receiving Federal Awards

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

ACTION: Final rule.

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

SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to redesignate the terminology for 
unique identification of entities receiving Federal awards. The change 
to the FAR removes the proprietary standard or number.

DATES: Effective: October 31, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement 
Analyst, at 202-969-7207 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAC 2005-91, FAR Case 
2015-022.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 80 FR 72035 on November 18, 2015, to redesignate the 
terminology for unique identification of entities receiving Federal 
awards. The change to the FAR eliminates references to the proprietary 
Data Universal Numbering System (DUNS[supreg]) number, and provides 
appropriate references to the Web site where information on the unique 
entity identifier used for Federal contractors will be located. This 
final rule also establishes definitions of ``unique entity 
identifier'', and ``electronic funds transfer (EFT) indicator''. Ten 
respondents submitted comments on the proposed rule.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the comments in the 
development of the final rule. All ten respondents agreed with the 
rule. No changes were made to the rule as a result of those comments. A 
discussion of the comments is provided as follows:

A. Analysis of Public Comments

1. Alternatives to and Considerations for the Evaluation of a 
Nonproprietary Entity Identifier
    Comment: Six respondents provided an alternative to the current 
entity identifier (e.g., Legal Entity Identifier (LEI), Contractor and 
Government Entity (CAGE) code) and four respondents provided additional 
considerations for the evaluation of alternatives for the entity 
identifier.
    Response: The scope of this rule is limited to removing the 
proprietary standard or number. The Office of Management and Budget 
(OMB) and the Department of Treasury, in collaboration with the General 
Services Administration and the Award Committee for E-Government, are 
establishing a process for considering alternatives to existing entity 
identifiers, including soliciting information about viable options from 
and reaching out about nonproprietary alternatives to all sectors, 
including private companies, nonprofits, and Federal Government

[[Page 67737]]

providers. The analysis of the alternatives for the entity identifier 
and the analysis of considerations for the evaluation of alternatives 
for the entity identifier are beyond the scope of the case. However, 
the FAR Council will share these recommendations with the agencies 
conducting the analysis and implementing the changes.
2. Challenges to Statements Made in the Proposed Rule Federal Register 
Preamble
    Comment: One respondent believed that the statement that the 
``current requirement limits competition by using a proprietary number 
and organization to meet the identification need as well as the need 
for other business information associated with that number'' 
incorrectly suggests that the business information is only accessible 
through usage of the DUNS number. This respondent also challenged the 
assertion that the Government is not currently in a position to move 
away from use of the DUNS number in the short term. This respondent 
recommended that Government agencies consider expanding their 
acquisitions of business information services through competitive 
procurements.
    Response: There is nothing in the FAR linking business information 
services to the use of the DUNS number. Agencies are free to procure 
business information services as deemed appropriate. Regarding the 
short term ability of the Government to move away from the use of the 
DUNS number, the Government is in the process of determining 
requirements. The unique entity identifier provides multiple pieces of 
business information and serves multiple functions. Analysis will be 
conducted to ensure the replacement satisfies the full range of 
information needed. The Government is establishing a process for 
considering alternatives to existing entity identifiers, including 
soliciting information about viable options from and reaching out about 
nonproprietary alternatives to all sectors, including private 
companies, nonprofits, and Federal government providers. The analysis 
of alternatives is anticipated to be completed in fiscal year 2017. The 
scope of this rule is limited to removing the proprietary standard or 
number hence removing the impediment in anticipation of the change. The 
Government is interested in reducing cost and that is the reason we are 
pursuing this case. Recommendations regarding business information 
services are beyond the scope of the case.

B. Other Changes

    Conforming changes were made to the following forms: Standard Forms 
294, 330, and 1447, and Optional Form 307. These form changes will be 
made to be ``Previous Edition Usable'' in order to avoid Government 
agencies and Federal contractors having to make unnecessary system 
changes to accommodate nonsubstantive changes to forms.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    DoD, GSA, and NASA have prepared a Final Regulatory Flexibility 
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. The FRFA is summarized as follows:

    The rule removes a proprietary standard or number for the unique 
identification of entities receiving Federal awards. The current 
requirement limits competition by using a proprietary number and 
organization to meet the identification needs.
    Unique identification of such entities is critical to ensure 
Federal dollars are awarded to responsible parties, awardees are 
paid in a timely manner, and awards are appropriately recorded and 
reported. This is currently accomplished in the FAR by using the 
proprietary Data Universal Numbering System (DUNS[supreg]) number 
from Dun and Bradstreet. This rule eliminates references to the 
proprietary standard or number, and provides appropriate references 
to the Web site where information on the unique entity identifier 
used for Federal contractors will be designated. Although the 
Government does not intend to move away from use of the DUNS number 
in the short term, elimination of regulatory references to a 
proprietary entity identifier will provide opportunities for future 
competition that can reduce costs to taxpayers.
    No public comments were submitted in response to the initial 
regulatory flexibility analysis.
    The final rule is internal to the Government and does not 
directly impose any requirements on the vendor community. However, 
the rule may affect certain entities if those entities have arranged 
certain of their business systems to utilize, accept, or otherwise 
recognize the existing unique identifier (DUNS number) and should 
that unique identifier be changed at some point to another 
identifier. As of June 2015, there were 380,092 unique and active 
DUNS numbers designated in the System for Award Management and 
attributed to Government contracting.
    There is no change to recordkeeping as a result of this rule.
    There are no known significant alternative approaches to the 
rule that would meet the requirements.

    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy 
of the FRFA to the Chief Counsel for Advocacy of the Small Business 
Administration.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 2, 4, 9, 12, 19, 52, and 53

    Government procurement.

    Dated: September 19, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 9, 12, 19, 
52, and 53 as set forth below:

0
1. The authority citation for 48 CFR parts 2, 4, 9, 12, 19, 52, and 53 
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

0
2. Amend section 2.101, in paragraph (b)(2) by--
0
a. Removing the definitions ``Data Universal Numbering System (DUNS) 
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
b. Adding, in alphabetical order, the definition ``Electronic Funds 
Transfer (EFT) indicator'';
0
c. Revising paragraph (1) of the definition ``Registered in the System 
for Award Management (SAM) database''; and
0
d. Adding, in alphabetical order, the definition, ``Unique entity 
identifier''.
    The revisions and additions read as follows:

[[Page 67738]]

2.101  Definitions.

* * * * *
    (b) * * *
    (2) * * *
    Electronic Funds Transfer (EFT) indicator means a four-character 
suffix to the unique entity identifier. The suffix is assigned at the 
discretion of the commercial, nonprofit, or Government entity to 
establish additional System for Award Management records for 
identifying alternative EFT accounts (see subpart 32.11) for the same 
entity.
* * * * *
    Registered in the System for Award Management (SAM) database * * *
    (1) The Contractor has entered all mandatory information, including 
the unique entity identifier and the Electronic Funds Transfer 
indicator (if applicable), the Commercial and Government Entity (CAGE) 
code, as well as data required by the Federal Funding Accountability 
and Transparency Act of 2006 (see subpart 4.14), into the SAM database;
* * * * *
    Unique entity identifier means a number or other identifier used to 
identify a specific commercial, nonprofit, or Government entity. See 
www.sam.gov for the designated entity for establishing unique entity 
identifiers.
* * * * *

PART 4--ADMINISTRATIVE MATTERS

0
3. Amend section 4.601 by removing the definition ``Generic DUNS 
number'' and adding, in alphabetical order, the definition ``Generic 
entity identifier'' to read as follows:


4.601  Definitions.

* * * * *
    Generic entity identifier means a number or other identifier 
assigned to a category of vendors and not specific to any individual or 
entity.
* * * * *

0
4. Amend section 4.605 by revising paragraph (b), the heading of 
paragraph (c), and paragraphs (c)(1) and (2) introductory text; and 
removing from paragraph (c)(2)(i)(C) ``DUNS number'' and adding 
``unique entity identifier'' in its place.
    The revisions read as follows:


4.605  Procedures.

* * * * *
    (b) Unique entity identifier. The contracting officer shall 
identify and report a unique entity identifier for the successful 
offeror on a contract action. The unique entity identifier shall 
correspond to the successful offeror's name and address as stated in 
the offer and resultant contract, and as registered in the System for 
Award Management database in accordance with the provision at 52.204-7, 
System for Award Management. The contracting officer shall ask the 
offeror to provide its unique entity identifier by using either the 
provision at 52.204-6, Unique Entity Identifier, the provision at 
52.204-7, System for Award Management, or the provision at 52.212-1, 
Instructions to Offerors--Commercial Items. (For a discussion of the 
Commercial and Government Entity (CAGE) Code, which is a different 
identifier, see subpart 4.18.)
    (c) Generic entity identifier. (1) The use of a generic entity 
identifier should be limited, and only used in the situations described 
in paragraph (c)(2) of this section. Use of a generic entity identifier 
does not supersede the requirements of provisions 52.204-6, Unique 
Entity Identifier or 52.204-7, System for Award Management (if present 
in the solicitation) for the contractor to have a unique entity 
identifier assigned.
    (2) Authorized generic entity identifiers, maintained by the 
Integrated Award Environment (IAE) program office (http://www.gsa.gov/portal/content/105036), may be used to report contracts in lieu of the 
contractor's actual unique entity identifier only for--
* * * * *
0
5. Amend section 4.607 by--
0
a. Removing from paragraph (b) ``Data Universal Numbering System 
Number'' and adding ``Unique Entity Identifier'' in its place; and
0
b. Revising paragraph (c) to read as follows.


4.607  Solicitation provisions and contract clause.

* * * * *
    (c) Insert the clause at 52.204-12, Unique Entity Identifier 
Maintenance, in solicitations and resulting contracts that contain the 
provision at 52.204-6, Unique Entity Identifier.

0
6. Amend section 4.1103 by--
0
a. Removing from paragraph (a)(1) ``must register;'' and adding ``shall 
register;'' in its place;
0
b. Removing from the introductory text of paragraph (a)(2) ``DUNS 
number or, if applicable, the DUNS+4 number,'' and adding ``unique 
entity identifier'' in its place;
0
c. Adding to the end of paragraph (a)(2)(i) ``or''; and
0
d. Revising paragraphs (a)(3) and (d) to read as follows:


4.1103  Procedures.

    (a) * * *
    (3) Need not verify 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)).
* * * * *
    (d) The contracting officer shall, on contractual documents 
transmitted to the payment office, provide the unique entity identifier 
and, if applicable, the Electronic Funds Transfer indicator, in 
accordance with agency procedures.


4.1402   [Amended]

0
7. Amend section 4.1402 by removing from paragraph (b), last sentence, 
``DUNS number'' and adding ``entity identifier'' in its place.


4.1705  [Amended]

0
8. Amend section 4.1705 by removing from paragraphs (a) and (b) ``DUNS 
number'' and adding ``entity identifier'' in their places.

0
9. Amend section 4.1800 by revising paragraph (b) to read as follows.


4.1800  Scope of subpart.

* * * * *
    (b) For information on the unique entity identifier, which is a 
different identifier, see 4.605 and the provisions at 52.204-6, Unique 
Entity Identifier, and 52.204-7, System for Award Management.

0
10. Amend section 4.1802 by revising paragraph (a)(1) and removing from 
paragraph (b) ``DUNS Number'' and adding ``unique entity identifier'' 
in its place.
    The revision reads as follows:


4.1802  Policy.

    (a) * * * (1) Offerors shall provide the contracting officer the 
CAGE code assigned to that offeror's location prior to the award of a 
contract action above the micro-purchase threshold, when there is a 
requirement to be registered in the System for Award Management (SAM) 
or a requirement to have a unique entity identifier in the 
solicitation.
* * * * *


4.1804   [Amended]

0
11. Amend section 4.1804 by removing from paragraph (a)(1) ``Data 
Universal Numbering System Number'' and adding ``Unique Entity 
Identifier'' in its place.

[[Page 67739]]

PART 9--CONTRACTOR QUALIFICATIONS


9.404   [Amended]

0
12. Amend section 9.404 by revising paragraph (b)(6) to read as 
follows:


9.404  System for Award Management Exclusions.

* * * * *
    (b) * * *
    (6) Unique Entity Identifier;
* * * * *

PART 12--ACQUISITION OF COMMERCIAL ITEMS


12.301   [Amended]

0
13. Amend section 12.301 by removing from paragraphs (d)(1) and (2) 
``DUNS Number'' and adding ``unique entity identifier'' in their 
places.

PART 19--SMALL BUSINESS PROGRAMS


19.704   [Amended]

0
14. Amend section 19.704 by removing from paragraphs (a)(10)(v) and 
(vi) ``DUNS number'' and adding ``unique entity identifier'' in their 
places.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
15. Revise section 52.204-6 to read as follows.


52.204-6  Unique Entity Identifier.

    As prescribed in 4.607(b), insert the following provision:

Unique Entity Identifier (Oct 2016)

    (a) Definitions. As used in this provision--
    Electronic Funds Transfer (EFT) indicator means a four-character 
suffix to the unique entity identifier. The suffix is assigned at 
the discretion of the commercial, nonprofit, or Government entity to 
establish additional System for Award Management records for 
identifying alternative EFT accounts (see subpart 32.11) for the 
same entity.
    Unique entity identifier means a number or other identifier used 
to identify a specific commercial, nonprofit, or Government entity. 
See www.sam.gov for the designated entity for establishing unique 
entity identifiers.
    (b) The Offeror shall enter, in the block with its name and 
address on the cover page of its offer, the annotation ``Unique 
Entity Identifier'' followed by the unique entity identifier that 
identifies the Offeror's name and address exactly as stated in the 
offer. The Offeror also shall enter its EFT indicator, if 
applicable.
    (c) If the Offeror does not have a unique entity identifier, it 
should contact the entity designated at www.sam.gov for 
establishment of the unique entity identifier directly to obtain 
one. The Offeror should be prepared to provide the following 
information:
    (1) Company legal business name.
    (2) Tradestyle, doing business, or other name by which your 
entity is commonly recognized.
    (3) Company physical street address, city, state and Zip Code.
    (4) Company mailing address, city, state and Zip Code (if 
separate from physical).
    (5) Company telephone number.
    (6) Date the company was started.
    (7) Number of employees at your location.
    (8) Chief executive officer/key manager.
    (9) Line of business (industry).
    (10) Company headquarters name and address (reporting 
relationship within your entity).

(End of provision)


0
16. Amend section 52.204-7 by--
0
a. Revising the provision heading and the date of the provision;
0
b. Amending paragraph (a) by--
0
1. Removing the definitions ``Data Universal Numbering System (DUNS) 
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
2. Adding, in alphabetical order, the definition ``Electronic Funds 
Transfer (EFT) indicator'';
0
3. Revising paragraph (1) of the definition ``Registered in the System 
for Award Management (SAM) database''; and
0
4. Adding, in alphabetical order, the definition ``Unique entity 
identifier'';
0
c. Removing from paragraph (b)(1) ``the offeror'' and adding ``the 
Offeror'' in its place; and
0
d. Revising paragraphs (b)(2) and (c).
    The revisions and additions read as follows:


52.204-7  System for Award Management.

* * * * *

System for Award Management

    (a) Definitions. As used in this provision--
* * * * *
    Electronic Funds Transfer (EFT) indicator means a four-character 
suffix to the unique entity identifier. The suffix is assigned at 
the discretion of the commercial, nonprofit, or Government entity to 
establish additional System for Award Management records for 
identifying alternative EFT accounts (see subpart 32.11) for the 
same entity.
    Registered in the System for Award Management (SAM) database 
means that--
    (1) The Offeror has entered all mandatory information, including 
the unique entity identifier and the EFT indicator, if applicable, 
the Commercial and Government Entity (CAGE) code, as well as data 
required by the Federal Funding Accountability and Transparency Act 
of 2006 (see subpart 4.14) into the SAM database;
* * * * *
    Unique entity identifier means a number or other identifier used 
to identify a specific commercial, nonprofit, or Government entity. 
See www.sam.gov for the designated entity for establishing unique 
entity identifiers.
    (b) * * *
    (2) The Offeror shall enter, in the block with its name and 
address on the cover page of its offer, the annotation ``Unique 
Entity Identifier'' followed by the unique entity identifier that 
identifies the Offeror's name and address exactly as stated in the 
offer. The Offeror also shall enter its EFT indicator, if 
applicable. The unique entity identifier will be used by the 
Contracting Officer to verify that the Offeror is registered in the 
SAM database.
    (c) If the Offeror does not have a unique entity identifier, it 
should contact the entity designated at www.sam.gov for 
establishment of the unique entity identifier directly to obtain 
one. The Offeror should be prepared to provide the following 
information:
    (1) Company legal business name.
    (2) Tradestyle, doing business, or other name by which your 
entity is commonly recognized.
    (3) Company physical street address, city, state, and Zip Code.
    (4) Company mailing address, city, state and Zip Code (if 
separate from physical).
    (5) Company telephone number.
    (6) Date the company was started.
    (7) Number of employees at your location.
    (8) Chief executive officer/key manager.
    (9) Line of business (industry).
    (10) Company headquarters name and address (reporting 
relationship within your entity).
* * * * *


0
17. Amend section 52.204-10 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (d)(2)(i) ``identifier (DUNS Number)'' and 
adding ``entity identifier'' in its place.
    The revision reads as follows:


52.204-10  Reporting Executive Compensation and First-Tier Subcontract 
Awards.

* * * * *

Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 
2016)

* * * * *

0
18. Revise section 52.204-12 to read as follows:


52.204-12  Unique Entity Identifier Maintenance.

    As prescribed in 4.607(c), insert the following clause:

Unique Entity Identifier Maintenance (Oct 2016)

    (a) Definition. Unique entity identifier, as used in this 
clause, means a number or other identifier used to identify a 
specific commercial, nonprofit, or Government entity. See 
www.sam.gov for the designated entity for establishing unique entity 
identifiers.
    (b) The Contractor shall ensure that the unique entity 
identifier is maintained with the entity designated at the System 
for Award Management (SAM) for establishment of the unique entity 
identifier throughout the life of the contract. The Contractor shall

[[Page 67740]]

communicate any change to the unique entity identifier to the 
Contracting Officer within 30 days after the change, so an 
appropriate modification can be issued to update the data on the 
contract. A change in the unique entity identifier does not 
necessarily require a novation be accomplished.

(End of clause)

0
19. Amend section 52.204-13 by--
0
a. Revising the date of the clause;
0
b. Amending paragraph (a) by--
0
1. Removing the definitions ``Data Universal Numbering System (DUNS) 
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
2. Adding, in alphabetical order, the definition ``Electronic Funds 
Transfer (EFT) indicator'';
0
3. Revising paragraph (1) of the definition ``Registered in the System 
for Award Management (SAM) database''; and
0
4. Adding, in alphabetical order, the definition ``Unique entity 
identifier''; and
0
c. Revising paragraph (c)(3);
    The revisions and additions read as follows:


52.204-13  System for Award Management Maintenance.

* * * * *

System for Award Management Maintenance (Oct 2016)

    (a) Definitions. * * *
    Electronic Funds Transfer (EFT) indicator means a four-character 
suffix to the unique entity identifier. The suffix is assigned at 
the discretion of the commercial, nonprofit, or Government entity to 
establish additional System for Award Management (SAM) records for 
identifying alternative EFT accounts (see subpart 32.11) for the 
same entity.
    Registered in the System for Award Management (SAM) database 
means that--
    (1) The Contractor has entered all mandatory information, 
including the unique entity identifier and the EFT indicator (if 
applicable), the Commercial and Government Entity (CAGE) code, as 
well as data required by the Federal Funding Accountability and 
Transparency Act of 2006 (see subpart 4.14), into the SAM database;
* * * * *
    Unique entity identifier means a number or other identifier used 
to identify a specific commercial, nonprofit, or Government entity. 
See www.sam.gov for the designated entity for establishing unique 
entity identifiers.
* * * * *
    (c) * * *
    (3) The Contractor shall ensure that the unique entity 
identifier is maintained with the entity designated at www.sam.gov 
for establishment of the unique entity identifier throughout the 
life of the contract. The Contractor shall communicate any change to 
the unique entity identifier to the Contracting Officer within 30 
days after the change, so an appropriate modification can be issued 
to update the data on the contract. A change in the unique entity 
identifier does not necessarily require a novation be accomplished.
* * * * *
0
20. Amend section 52.204-14 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (f)(1)(i) ``DUNS number'' and adding 
``unique entity identifier'' in its place.
    The revision reads as follows:


52.204-14  Service Contract Reporting Requirements.

* * * * *

Service Contract Reporting Requirements (Oct 2016)

* * * * *

0
21. Amend section 52.204-15 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (f)(1)(i) ``DUNS number'' and adding 
``unique entity identifier'' in its place.
    The revision reads as follows:


52.204-15  Service Contract Reporting Requirements for Indefinite-
Delivery Contracts.

* * * * *

Service Contract Reporting Requirements for Indefinite-Delivery 
Contracts (Oct 2016)

* * * * *

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


52.212-1  Instructions to Offerors--Commercial Items.

* * * * *

Instructions to Offerors--Commercial Items (Oct 2016)

* * * * *
    (j) Unique entity identifier. (Applies to all offers exceeding 
$3,500, and offers of $3,500 or less if the solicitation requires 
the Contractor to be registered in the System for Award Management 
(SAM) database.) The Offeror shall enter, in the block with its name 
and address on the cover page of its offer, the annotation ``Unique 
Entity Identifier'' followed by the unique entity identifier that 
identifies the Offeror's name and address. The Offeror also shall 
enter its Electronic Funds Transfer (EFT) indicator, if applicable. 
The EFT indicator is a four-character suffix to the unique entity 
identifier. The suffix is assigned at the discretion of the Offeror 
to establish additional SAM records for identifying alternative EFT 
accounts (see subpart 32.11) for the same entity. If the Offeror 
does not have a unique entity identifier, it should contact the 
entity designated at www.sam.gov for unique entity identifier 
establishment directly to obtain one. The Offeror should indicate 
that it is an offeror for a Government contract when contacting the 
entity designated at www.sam.gov for establishing the unique entity 
identifier.
* * * * *

0
23. Amend section 52.212-3 by--
0
a. Revising the date of the provision; and
0
b. Removing from the introductory text of paragraph (p) ``DUNS Number'' 
and adding ``unique entity identifier'' in its place.
    The revision reads as follows:


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

* * * * *

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

* * * * *

0
24. Amend section 52.212-5 by revising the date of the clause and 
paragraphs (b)(4), (b)(6), (b)(7), and (b)(17)(i) to read as follows:


52.212-5  Contract Terms and Conditions Required to Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *

Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders--Commercial Items (Oct 2016)

* * * * *
    (b) * * *
    __ (4) 52.204-10, Reporting Executive Compensation and First-
Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 
note).
* * * * *
    __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 
2016) (Pub. L. 111-117, section 743 of Div. C).
    __ (7) 52.204-15, Service Contract Reporting Requirements for 
Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 
743 of Div. C).
* * * * *
    __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 
2016) (15 U.S.C. 637(d)(4)).

* * * * *

0
25. Amend section 52.213-4 by revising the date of the clause and 
paragraph (b)(1)(i) to read as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Items).

* * * * *

Terms and Conditions--Simplified Acquisitions (Other Than Commercial 
Items) (Oct 2016)

* * * * *
    (b) * * *
    (1) * * *
    (i) 52.204-10, Reporting Executive Compensation and First-Tier 
Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31

[[Page 67741]]

U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).
* * * * *

0
26. Amend section 52.219-9 by--
0
a. Revising the section heading;
0
b. Revising the date of the clause;
0
c. Removing from paragraph (d)(10)(vi) ``DUNS number,'' and adding 
``unique entity identifier,'' in its place.
    The revisions read as follows:


52.219-9  Small Business Subcontracting Plan.

* * * * *

Small Business Subcontracting Plan (Oct 2016)

* * * * *

PART 53--FORMS


53.214   [Amended]

0
27. Amend section 53.214 by removing from paragraph (d) ``SF 1447 (Rev. 
2/2012)'' and adding ``SF 1447 (Rev. 8/2016)'' in its place.


53.215-1   [Amended]

0
28. Amend section 53.215-1 by removing from paragraph (e) ``OF 307 (9/
97)'' and adding ``OF 307 (Rev. 8/2016)'' in its place.


53.219   [Amended]

0
29. Amend section 53.219 by removing from the paragraph ``(Rev. 10/
2015)'' and adding ``(Rev. 8/2016)'' in its place.


53.236-2   [Amended]

0
30. Amend section 53.236-2 by removing from paragraph (b) ``SF 330 
(Rev. 3/2013)'' and adding ``SF 330 (Rev. 8/2016)'' in its place.

0
31. Revise section 53.301-294 to read as follows:


53.301-294  Subcontracting Report for Individual Contracts.

BILLING CODE 6820-EP-P

[[Page 67742]]

[GRAPHIC] [TIFF OMITTED] TR30SE16.004


[[Page 67743]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.005


[[Page 67744]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.006


[[Page 67745]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.007


0
32. Revise section 53.301-330 to read as follows:


53.301-330  Architect-Engineer Qualifications.

[[Page 67746]]

[GRAPHIC] [TIFF OMITTED] TR30SE16.008


[[Page 67747]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.009


[[Page 67748]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.010


[[Page 67749]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.011


[[Page 67750]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.012


[[Page 67751]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.013


[[Page 67752]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.014


[[Page 67753]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.015


[[Page 67754]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.016


[[Page 67755]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.017


[[Page 67756]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.018


[[Page 67757]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.019


[[Page 67758]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.020


[[Page 67759]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.021


0
33. Revise section 53.301-1447 to read as follows:


53.301-1447  Solicitation/Contract.

[[Page 67760]]

[GRAPHIC] [TIFF OMITTED] TR30SE16.022


[[Page 67761]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.023


0
34. Revise section 53.302-307 to read as follows:


53.302-307  Optional Form 307, Contract Award.

[[Page 67762]]

[GRAPHIC] [TIFF OMITTED] TR30SE16.024


[[Page 67763]]


[FR Doc. 2016-23198 Filed 9-29-16; 8:45 am]
 BILLING CODE 6820-EP-C

67736 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations The interim rule, published at 80 FR List of Subjects in 48 CFR Parts 2, 4, 6, FOR FURTHER INFORMATION CONTACT: Ms. 81888, on December 31, 2015, put the WOSB 18, 19, and 52 Zenaida Delgado, Procurement Analyst, Program on a level playing field with other at 202–969–7207 for clarification of SBA Government contracting programs with Government procurement. content. For information pertaining to sole source authority and provided an Dated: September 19, 2016. additional, needed tool for agencies to meet status or publication schedules, contact William F. Clark, the Regulatory Secretariat Division at the statutorily mandated goal of 5 percent of the total value of all prime contract and Director, Office of Government-wide 202–501–4755. Please cite FAC 2005– subcontract awards for WOSBs. Acquisition Policy, Office of Acquisition 91, FAR Case 2015–022. There were no significant issues raised by Policy, Office of Government-wide Policy. SUPPLEMENTARY INFORMATION: the public in response to the Initial Interim Rule Adopted as Final With Regulatory Flexibility Analysis provided in I. Background Change the interim rule. DoD, GSA, and NASA published a This rule may have a positive economic ■ Accordingly, the interim rule proposed rule in the Federal Register at impact on WOSB concerns. The Dynamic amending 48 CFR parts 2, 4, 6, 18, 19, Small Business Supplemental Search (DSBS) 80 FR 72035 on November 18, 2015, to and 52 which was published in the redesignate the terminology for unique lists approximately 41,500 firms as either Federal Register at 80 FR 81888, on identification of entities receiving WOSBs or EDWOSBs under the WOSB Program. An analysis of the Federal December 31, 2015, is adopted as a final Federal awards. The change to the FAR Procurement Data System from April 1, 2011 rule with the following change: eliminates references to the proprietary (the implementation date of the WOSB Data Universal Numbering System Program), through September 1, 2015, PART 19—SMALL BUSINESS (DUNS®) number, and provides revealed that there were approximately PROGRAMS appropriate references to the Web site 17,353 women-owned small business where information on the unique entity concerns that received obligated funds from ■ 1. The authority citation for 48 CFR Federal contract awards, task or delivery part 19 continues to read as follows: identifier used for Federal contractors orders, and modifications to existing will be located. This final rule also Authority: 40 U.S.C. 121(c); 10 U.S.C. establishes definitions of ‘‘unique entity contracts, in an industry where a WOSB or chapter 137; and 51 U.S.C. 20113. EDWOSB sole source is authorized, and identifier’’, and ‘‘electronic funds where the contract is valued at or below the 19.1505 [Amended] transfer (EFT) indicator’’. Ten thresholds for sole source contracts to respondents submitted comments on the WOSBs or EDWOSBs. Of those 17,353 ■ 2. Amend section 19.1505 by proposed rule. women-owned small business concerns, 328 removing from paragraph (a)(1) EDWOSBs and 974 WOSBs were eligible to ‘‘Program.’’ and adding ‘‘Program; and’’ II. Discussion and Analysis participate in the WOSB Program (i.e., in its place. The Civilian Agency Acquisition received set-asides under the WOSB [FR Doc. 2016–23197 Filed 9–29–16; 8:45 am] Council and the Defense Acquisition Program), and could have received sole source awards. This rule could affect a BILLING CODE 6820–EP–P Regulations Council (the Councils) smaller number of EDWOSBs and WOSBs reviewed the comments in the than those eligible under the WOSB Program development of the final rule. All ten since the sole source authority can only be DEPARTMENT OF DEFENSE respondents agreed with the rule. No used where a contracting officer conducts changes were made to the rule as a market research in an industry where a GENERAL SERVICES result of those comments. A discussion WOSB or EDWOSB set-aside is authorized, ADMINISTRATION of the comments is provided as follows: and cannot identify two or more eligible EDWOSB or WOSB concerns that can NATIONAL AERONAUTICS AND A. Analysis of Public Comments perform at a fair and reasonable price, but SPACE ADMINISTRATION identifies one WOSB or EDWOSB that can 1. Alternatives to and Considerations for perform. In addition, the sole source the Evaluation of a Nonproprietary 48 CFR Parts 2, 4, 9, 12, 19, 52, and 53 Entity Identifier authority for WOSBs and EDWOSBs is limited to contracts valued at $6.5 million or [FAC 2005–91; FAR Case 2015–022; Item Comment: Six respondents provided less for manufacturing contracts and $4 V; Docket No. 2015–0022, Sequence No. 1] an alternative to the current entity million or less for all other contracts. This rule does not impose any new RIN 9000–AN00 identifier (e.g., Legal Entity Identifier reporting, recordkeeping or other compliance (LEI), Contractor and Government Entity requirements for small businesses. This rule Federal Acquisition Regulation; (CAGE) code) and four respondents does not duplicate, overlap, or conflict with Unique Identification of Entities provided additional considerations for any other Federal rules. Receiving Federal Awards the evaluation of alternatives for the entity identifier. Interested parties may obtain a copy AGENCY: Department of Defense (DoD), Response: The scope of this rule is of the FRFA from the Regulatory General Services Administration (GSA), limited to removing the proprietary Secretariat Division. The Regulatory and National Aeronautics and Space standard or number. The Office of Secretariat Division has submitted a Administration (NASA). Management and Budget (OMB) and the copy of the FRFA to the Chief Counsel ACTION: Final rule. Department of Treasury, in for Advocacy of the Small Business collaboration with the General Services Administration. SUMMARY: DoD, GSA, and NASA are Administration and the Award issuing a final rule amending the asabaliauskas on DSK3SPTVN1PROD with RULES VI. Paperwork Reduction Act Committee for E-Government, are Federal Acquisition Regulation (FAR) to establishing a process for considering The rule does not contain any redesignate the terminology for unique alternatives to existing entity identifiers, information collection requirements that identification of entities receiving including soliciting information about require the approval of the Office of Federal awards. The change to the FAR viable options from and reaching out Management and Budget under the removes the proprietary standard or about nonproprietary alternatives to all Paperwork Reduction Act (44 U.S.C. number. sectors, including private companies, chapter 35). DATES: Effective: October 31, 2016. nonprofits, and Federal Government VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67737 providers. The analysis of the B. Other Changes However, the rule may affect certain entities alternatives for the entity identifier and if those entities have arranged certain of their Conforming changes were made to the business systems to utilize, accept, or the analysis of considerations for the following forms: Standard Forms 294, evaluation of alternatives for the entity otherwise recognize the existing unique 330, and 1447, and Optional Form 307. identifier (DUNS number) and should that identifier are beyond the scope of the These form changes will be made to be unique identifier be changed at some point case. However, the FAR Council will ‘‘Previous Edition Usable’’ in order to to another identifier. As of June 2015, there share these recommendations with the avoid Government agencies and Federal were 380,092 unique and active DUNS agencies conducting the analysis and contractors having to make unnecessary numbers designated in the System for Award implementing the changes. system changes to accommodate Management and attributed to Government contracting. 2. Challenges to Statements Made in the nonsubstantive changes to forms. There is no change to recordkeeping as a Proposed Rule Federal Register III. Executive Orders 12866 and 13563 result of this rule. Preamble There are no known significant alternative Executive Orders (E.O.s) 12866 and approaches to the rule that would meet the Comment: One respondent believed 13563 direct agencies to assess all costs requirements. that the statement that the ‘‘current and benefits of available regulatory requirement limits competition by using alternatives and, if regulation is Interested parties may obtain a copy a proprietary number and organization necessary, to select regulatory of the FRFA from the Regulatory to meet the identification need as well approaches that maximize net benefits Secretariat. The Regulatory Secretariat as the need for other business (including potential economic, has submitted a copy of the FRFA to the information associated with that environmental, public health and safety Chief Counsel for Advocacy of the Small number’’ incorrectly suggests that the effects, distributive impacts, and Business Administration. business information is only accessible equity). E.O. 13563 emphasizes the V. Paperwork Reduction Act through usage of the DUNS number. importance of quantifying both costs This respondent also challenged the The rule does not contain any and benefits, of reducing costs, of assertion that the Government is not information collection requirements that harmonizing rules, and of promoting currently in a position to move away require the approval of the Office of flexibility. This is not a significant from use of the DUNS number in the Management and Budget under the regulatory action and, therefore, was not short term. This respondent Paperwork Reduction Act (44 U.S.C. subject to review under Section 6(b) of recommended that Government chapter 35). E.O. 12866, Regulatory Planning and agencies consider expanding their Review, dated September 30, 1993. This List of Subjects in 48 CFR Parts 2, 4, 9, acquisitions of business information rule is not a major rule under 5 U.S.C. 12, 19, 52, and 53 services through competitive 804. Government procurement. procurements. IV. Regulatory Flexibility Act Dated: September 19, 2016. Response: There is nothing in the FAR linking business information DoD, GSA, and NASA have prepared William F. Clark, services to the use of the DUNS number. a Final Regulatory Flexibility Analysis Director, Office of Government-wide Agencies are free to procure business (FRFA) consistent with the Regulatory Acquisition Policy, Office of Acquisition information services as deemed Flexibility Act, 5 U.S.C. 601, et seq. The Policy, Office of Government-wide Policy. appropriate. Regarding the short term FRFA is summarized as follows: Therefore, DoD, GSA, and NASA ability of the Government to move away The rule removes a proprietary standard or amend 48 CFR parts 2, 4, 9, 12, 19, 52, from the use of the DUNS number, the number for the unique identification of and 53 as set forth below: Government is in the process of entities receiving Federal awards. The ■ 1. The authority citation for 48 CFR determining requirements. The unique current requirement limits competition by parts 2, 4, 9, 12, 19, 52, and 53 entity identifier provides multiple using a proprietary number and organization to meet the identification needs. continues to read as follows: pieces of business information and Unique identification of such entities is Authority: 40 U.S.C. 121(c); 10 U.S.C. serves multiple functions. Analysis will critical to ensure Federal dollars are awarded chapter 137; and 51 U.S.C. 20113. be conducted to ensure the replacement to responsible parties, awardees are paid in satisfies the full range of information a timely manner, and awards are PART 2—DEFINITIONS OF WORDS needed. The Government is establishing appropriately recorded and reported. This is AND TERMS a process for considering alternatives to currently accomplished in the FAR by using existing entity identifiers, including the proprietary Data Universal Numbering ■ 2. Amend section 2.101, in paragraph soliciting information about viable System (DUNS®) number from Dun and (b)(2) by— options from and reaching out about Bradstreet. This rule eliminates references to ■ a. Removing the definitions ‘‘Data nonproprietary alternatives to all the proprietary standard or number, and Universal Numbering System (DUNS) provides appropriate references to the Web sectors, including private companies, site where information on the unique entity number’’ and ‘‘Data Universal nonprofits, and Federal government identifier used for Federal contractors will be Numbering System +4 (DUNS+4) providers. The analysis of alternatives is designated. Although the Government does number’’; anticipated to be completed in fiscal not intend to move away from use of the ■ b. Adding, in alphabetical order, the year 2017. The scope of this rule is DUNS number in the short term, elimination definition ‘‘Electronic Funds Transfer limited to removing the proprietary of regulatory references to a proprietary (EFT) indicator’’; asabaliauskas on DSK3SPTVN1PROD with RULES standard or number hence removing the entity identifier will provide opportunities ■ c. Revising paragraph (1) of the impediment in anticipation of the for future competition that can reduce costs definition ‘‘Registered in the System for change. The Government is interested in to taxpayers. Award Management (SAM) database’’; No public comments were submitted in reducing cost and that is the reason we response to the initial regulatory flexibility and are pursuing this case. analysis. ■ d. Adding, in alphabetical order, the Recommendations regarding business The final rule is internal to the definition, ‘‘Unique entity identifier’’. information services are beyond the Government and does not directly impose The revisions and additions read as scope of the case. any requirements on the vendor community. follows: VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4

67738 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 2.101 Definitions. name and address as stated in the offer 4.1103 Procedures. * * * * * and resultant contract, and as registered (a) * * * (b) * * * in the System for Award Management (3) Need not verify registration before (2) * * * database in accordance with the placing an order or call if the contract Electronic Funds Transfer (EFT) provision at 52.204–7, System for or agreement includes the provision at indicator means a four-character suffix Award Management. The contracting 52.204–7, System for Award to the unique entity identifier. The officer shall ask the offeror to provide its Management, or the clause at 52.212–4, suffix is assigned at the discretion of the unique entity identifier by using either Contract Terms and Conditions— commercial, nonprofit, or Government the provision at 52.204–6, Unique Entity Commercial Items, or a similar agency entity to establish additional System for Identifier, the provision at 52.204–7, clause, except when use of the Award Management records for System for Award Management, or the Governmentwide commercial purchase identifying alternative EFT accounts provision at 52.212–1, Instructions to card is contemplated as a method of (see subpart 32.11) for the same entity. Offerors—Commercial Items. (For a payment. (See 32.1108(b)(2)). * * * * * discussion of the Commercial and * * * * * Registered in the System for Award Government Entity (CAGE) Code, which (d) The contracting officer shall, on Management (SAM) database * * * is a different identifier, see subpart contractual documents transmitted to (1) The Contractor has entered all 4.18.) the payment office, provide the unique mandatory information, including the (c) Generic entity identifier. (1) The entity identifier and, if applicable, the unique entity identifier and the use of a generic entity identifier should Electronic Funds Transfer indicator, in Electronic Funds Transfer indicator (if be limited, and only used in the accordance with agency procedures. applicable), the Commercial and situations described in paragraph (c)(2) 4.1402 [Amended] Government Entity (CAGE) code, as well of this section. Use of a generic entity identifier does not supersede the ■ 7. Amend section 4.1402 by removing as data required by the Federal Funding requirements of provisions 52.204–6, from paragraph (b), last sentence, Accountability and Transparency Act of Unique Entity Identifier or 52.204–7, ‘‘DUNS number’’ and adding ‘‘entity 2006 (see subpart 4.14), into the SAM System for Award Management (if identifier’’ in its place. database; * * * * * present in the solicitation) for the 4.1705 [Amended] Unique entity identifier means a contractor to have a unique entity identifier assigned. ■ 8. Amend section 4.1705 by removing number or other identifier used to from paragraphs (a) and (b) ‘‘DUNS identify a specific commercial, (2) Authorized generic entity number’’ and adding ‘‘entity identifier’’ nonprofit, or Government entity. See identifiers, maintained by the Integrated in their places. www.sam.gov for the designated entity Award Environment (IAE) program ■ 9. Amend section 4.1800 by revising for establishing unique entity office (http://www.gsa.gov/portal/ paragraph (b) to read as follows. identifiers. content/105036), may be used to report * * * * * contracts in lieu of the contractor’s 4.1800 Scope of subpart. actual unique entity identifier only for— * * * * * PART 4—ADMINISTRATIVE MATTERS * * * * * (b) For information on the unique ■ 5. Amend section 4.607 by— entity identifier, which is a different ■ 3. Amend section 4.601 by removing ■ a. Removing from paragraph (b) ‘‘Data identifier, see 4.605 and the provisions the definition ‘‘Generic DUNS number’’ Universal Numbering System Number’’ at 52.204–6, Unique Entity Identifier, and adding, in alphabetical order, the and adding ‘‘Unique Entity Identifier’’ and 52.204–7, System for Award definition ‘‘Generic entity identifier’’ to in its place; and Management. read as follows: ■ 10. Amend section 4.1802 by revising ■ b. Revising paragraph (c) to read as 4.601 Definitions. follows. paragraph (a)(1) and removing from paragraph (b) ‘‘DUNS Number’’ and * * * * * 4.607 Solicitation provisions and contract adding ‘‘unique entity identifier’’ in its Generic entity identifier means a clause. place. number or other identifier assigned to a * * * * * The revision reads as follows: category of vendors and not specific to (c) Insert the clause at 52.204–12, any individual or entity. 4.1802 Policy. Unique Entity Identifier Maintenance, * * * * * in solicitations and resulting contracts (a) * * * (1) Offerors shall provide ■ 4. Amend section 4.605 by revising that contain the provision at 52.204–6, the contracting officer the CAGE code paragraph (b), the heading of paragraph Unique Entity Identifier. assigned to that offeror’s location prior (c), and paragraphs (c)(1) and (2) to the award of a contract action above ■ 6. Amend section 4.1103 by— the micro-purchase threshold, when introductory text; and removing from ■ a. Removing from paragraph (a)(1) there is a requirement to be registered in paragraph (c)(2)(i)(C) ‘‘DUNS number’’ ‘‘must register;’’ and adding ‘‘shall the System for Award Management and adding ‘‘unique entity identifier’’ in register;’’ in its place; (SAM) or a requirement to have a its place. ■ b. Removing from the introductory unique entity identifier in the The revisions read as follows: text of paragraph (a)(2) ‘‘DUNS number solicitation. asabaliauskas on DSK3SPTVN1PROD with RULES 4.605 Procedures. or, if applicable, the DUNS+4 number,’’ * * * * * * * * * * and adding ‘‘unique entity identifier’’ in (b) Unique entity identifier. The its place; 4.1804 [Amended] contracting officer shall identify and ■ c. Adding to the end of paragraph ■ 11. Amend section 4.1804 by report a unique entity identifier for the (a)(2)(i) ‘‘or’’; and removing from paragraph (a)(1) ‘‘Data successful offeror on a contract action. ■ d. Revising paragraphs (a)(3) and (d) Universal Numbering System Number’’ The unique entity identifier shall to read as follows: and adding ‘‘Unique Entity Identifier’’ correspond to the successful offeror’s in its place. VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67739 PART 9—CONTRACTOR (1) Company legal business name. (b) * * * QUALIFICATIONS (2) Tradestyle, doing business, or other (2) The Offeror shall enter, in the block name by which your entity is commonly with its name and address on the cover page 9.404 [Amended] recognized. of its offer, the annotation ‘‘Unique Entity (3) Company physical street address, city, Identifier’’ followed by the unique entity ■ 12. Amend section 9.404 by revising state and Zip Code. identifier that identifies the Offeror’s name paragraph (b)(6) to read as follows: (4) Company mailing address, city, state and address exactly as stated in the offer. The and Zip Code (if separate from physical). Offeror also shall enter its EFT indicator, if 9.404 System for Award Management (5) Company telephone number. applicable. The unique entity identifier will Exclusions. (6) Date the company was started. be used by the Contracting Officer to verify * * * * * (7) Number of employees at your location. that the Offeror is registered in the SAM (b) * * * (8) Chief executive officer/key manager. database. (6) Unique Entity Identifier; (9) Line of business (industry). (c) If the Offeror does not have a unique * * * * * (10) Company headquarters name and entity identifier, it should contact the entity address (reporting relationship within your designated at www.sam.gov for establishment PART 12—ACQUISITION OF entity). of the unique entity identifier directly to (End of provision) obtain one. The Offeror should be prepared COMMERCIAL ITEMS to provide the following information: 12.301 [Amended] ■ 16. Amend section 52.204–7 by— (1) Company legal business name. ■ a. Revising the provision heading and (2) Tradestyle, doing business, or other ■ 13. Amend section 12.301 by the date of the provision; name by which your entity is commonly removing from paragraphs (d)(1) and (2) ■ b. Amending paragraph (a) by— recognized. ‘‘DUNS Number’’ and adding ‘‘unique ■ 1. Removing the definitions ‘‘Data (3) Company physical street address, city, entity identifier’’ in their places. Universal Numbering System (DUNS) state, and Zip Code. number’’ and ‘‘Data Universal (4) Company mailing address, city, state PART 19—SMALL BUSINESS Numbering System +4 (DUNS+4) and Zip Code (if separate from physical). PROGRAMS (5) Company telephone number. number’’; (6) Date the company was started. ■ 2. Adding, in alphabetical order, the 19.704 [Amended] (7) Number of employees at your location. definition ‘‘Electronic Funds Transfer (8) Chief executive officer/key manager. ■ 14. Amend section 19.704 by (EFT) indicator’’; (9) Line of business (industry). removing from paragraphs (a)(10)(v) and ■ 3. Revising paragraph (1) of the (10) Company headquarters name and (vi) ‘‘DUNS number’’ and adding definition ‘‘Registered in the System for address (reporting relationship within your ‘‘unique entity identifier’’ in their Award Management (SAM) database’’; entity). places. and * * * * * ■ 4. Adding, in alphabetical order, the PART 52—SOLICITATION PROVISIONS definition ‘‘Unique entity identifier’’; ■ 17. Amend section 52.204–10 by— AND CONTRACT CLAUSES ■ c. Removing from paragraph (b)(1) ■ a. Revising the date of the clause; and ‘‘the offeror’’ and adding ‘‘the Offeror’’ ■ b. Removing from paragraph (d)(2)(i) ■ 15. Revise section 52.204–6 to read as in its place; and ‘‘identifier (DUNS Number)’’ and adding follows. ■ d. Revising paragraphs (b)(2) and (c). ‘‘entity identifier’’ in its place. The revisions and additions read as The revision reads as follows: 52.204–6 Unique Entity Identifier. follows: 52.204–10 Reporting Executive As prescribed in 4.607(b), insert the following provision: 52.204–7 System for Award Management. Compensation and First-Tier Subcontract Awards. * * * * * Unique Entity Identifier (Oct 2016) * * * * * (a) Definitions. As used in this provision— System for Award Management Reporting Executive Compensation and Electronic Funds Transfer (EFT) indicator (a) Definitions. As used in this provision— First-Tier Subcontract Awards (Oct means a four-character suffix to the unique entity identifier. The suffix is assigned at the * * * * * 2016) discretion of the commercial, nonprofit, or Electronic Funds Transfer (EFT) indicator * * * * * Government entity to establish additional means a four-character suffix to the unique entity identifier. The suffix is assigned at the ■ 18. Revise section 52.204–12 to read System for Award Management records for identifying alternative EFT accounts (see discretion of the commercial, nonprofit, or as follows: subpart 32.11) for the same entity. Government entity to establish additional System for Award Management records for 52.204–12 Unique Entity Identifier Unique entity identifier means a number or Maintenance. other identifier used to identify a specific identifying alternative EFT accounts (see commercial, nonprofit, or Government entity. subpart 32.11) for the same entity. As prescribed in 4.607(c), insert the See www.sam.gov for the designated entity Registered in the System for Award following clause: for establishing unique entity identifiers. Management (SAM) database means that— (b) The Offeror shall enter, in the block (1) The Offeror has entered all mandatory Unique Entity Identifier Maintenance (Oct with its name and address on the cover page information, including the unique entity 2016) of its offer, the annotation ‘‘Unique Entity identifier and the EFT indicator, if (a) Definition. Unique entity identifier, as Identifier’’ followed by the unique entity applicable, the Commercial and Government used in this clause, means a number or other identifier that identifies the Offeror’s name Entity (CAGE) code, as well as data required identifier used to identify a specific by the Federal Funding Accountability and asabaliauskas on DSK3SPTVN1PROD with RULES and address exactly as stated in the offer. The commercial, nonprofit, or Government entity. Offeror also shall enter its EFT indicator, if Transparency Act of 2006 (see subpart 4.14) See www.sam.gov for the designated entity applicable. into the SAM database; for establishing unique entity identifiers. (c) If the Offeror does not have a unique * * * * * (b) The Contractor shall ensure that the entity identifier, it should contact the entity Unique entity identifier means a number or unique entity identifier is maintained with designated at www.sam.gov for establishment other identifier used to identify a specific the entity designated at the System for Award of the unique entity identifier directly to commercial, nonprofit, or Government entity. Management (SAM) for establishment of the obtain one. The Offeror should be prepared See www.sam.gov for the designated entity unique entity identifier throughout the life of to provide the following information: for establishing unique entity identifiers. the contract. The Contractor shall VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4

67740 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations communicate any change to the unique entity appropriate modification can be issued to www.sam.gov for establishing the unique identifier to the Contracting Officer within 30 update the data on the contract. A change in entity identifier. days after the change, so an appropriate the unique entity identifier does not * * * * * modification can be issued to update the data necessarily require a novation be on the contract. A change in the unique accomplished. ■ 23. Amend section 52.212–3 by— entity identifier does not necessarily require * * * * * ■ a. Revising the date of the provision; a novation be accomplished. ■ 20. Amend section 52.204–14 by— and (End of clause) ■ a. Revising the date of the clause; and ■ b. Removing from the introductory ■ 19. Amend section 52.204–13 by— ■ b. Removing from paragraph (f)(1)(i) text of paragraph (p) ‘‘DUNS Number’’ ■ a. Revising the date of the clause; ‘‘DUNS number’’ and adding ‘‘unique and adding ‘‘unique entity identifier’’ in ■ b. Amending paragraph (a) by— entity identifier’’ in its place. its place. ■ 1. Removing the definitions ‘‘Data The revision reads as follows: The revision reads as follows: Universal Numbering System (DUNS) number’’ and ‘‘Data Universal 52.204–14 Service Contract Reporting 52.212—3 Offeror Representations and Requirements. Certifications—Commercial Items. Numbering System +4 (DUNS+4) number’’; * * * * * * * * * * ■ 2. Adding, in alphabetical order, the Service Contract Reporting Offeror Representations and definition ‘‘Electronic Funds Transfer Requirements (Oct 2016) Certifications—Commercial Items (Oct (EFT) indicator’’; * * * * * 2016) ■ 3. Revising paragraph (1) of the definition ‘‘Registered in the System for ■ 21. Amend section 52.204–15 by— * * * * * Award Management (SAM) database’’; ■ a. Revising the date of the clause; and ■ 24. Amend section 52.212–5 by and ■ b. Removing from paragraph (f)(1)(i) revising the date of the clause and ■ 4. Adding, in alphabetical order, the ‘‘DUNS number’’ and adding ‘‘unique paragraphs (b)(4), (b)(6), (b)(7), and definition ‘‘Unique entity identifier’’; entity identifier’’ in its place. (b)(17)(i) to read as follows: and The revision reads as follows: ■ c. Revising paragraph (c)(3); 52.212–5 Contract Terms and Conditions 52.204–15 Service Contract Reporting Required to Implement Statutes or The revisions and additions read as Requirements for Indefinite-Delivery follows: Executive Orders—Commercial Items. Contracts. * * * * * 52.204–13 System for Award Management * * * * * Maintenance. Contract Terms and Conditions Required To Service Contract Reporting Implement Statutes or Executive Orders— * * * * * Requirements for Indefinite-Delivery Commercial Items (Oct 2016) Contracts (Oct 2016) * * * * * System for Award Management Maintenance (Oct 2016) * * * * * (b) * * * ll (4) 52.204–10, Reporting Executive (a) Definitions. * * * ■ 22. Amend section 52.212–1 by Compensation and First-Tier Subcontract Electronic Funds Transfer (EFT) indicator revising the date of the provision and Awards (Oct 2016) (Pub. L. 109–282) (31 means a four-character suffix to the unique paragraph (j) to read as follows: U.S.C. 6101 note). entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or 52.212–1 Instructions to Offerors— * * * * * Government entity to establish additional Commercial Items. ll (6) 52.204–14, Service Contract System for Award Management (SAM) Reporting Requirements (Oct 2016) (Pub. L. * * * * * 111–117, section 743 of Div. C). records for identifying alternative EFT accounts (see subpart 32.11) for the same ll (7) 52.204–15, Service Contract Instructions to Offerors—Commercial Items entity. Reporting Requirements for Indefinite- (Oct 2016) Registered in the System for Award Delivery Contracts (Oct 2016) (Pub. L. 111– Management (SAM) database means that— * * * * * 117, section 743 of Div. C). (1) The Contractor has entered all (j) Unique entity identifier. (Applies to all * * * * * offers exceeding $3,500, and offers of $3,500 mandatory information, including the unique ll (17)(i) 52.219–9, Small Business entity identifier and the EFT indicator (if or less if the solicitation requires the Subcontracting Plan (Oct 2016) (15 U.S.C. applicable), the Commercial and Government Contractor to be registered in the System for 637(d)(4)). Entity (CAGE) code, as well as data required Award Management (SAM) database.) The by the Federal Funding Accountability and Offeror shall enter, in the block with its name * * * * * Transparency Act of 2006 (see subpart 4.14), and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ ■ 25. Amend section 52.213–4 by into the SAM database; followed by the unique entity identifier that revising the date of the clause and * * * * * identifies the Offeror’s name and address. paragraph (b)(1)(i) to read as follows: Unique entity identifier means a number or The Offeror also shall enter its Electronic other identifier used to identify a specific Funds Transfer (EFT) indicator, if applicable. 52.213–4 Terms and Conditions— commercial, nonprofit, or Government entity. The EFT indicator is a four-character suffix Simplified Acquisitions (Other Than See www.sam.gov for the designated entity to the unique entity identifier. The suffix is Commercial Items). for establishing unique entity identifiers. assigned at the discretion of the Offeror to * * * * * * * * * * establish additional SAM records for Terms and Conditions—Simplified asabaliauskas on DSK3SPTVN1PROD with RULES (c) * * * identifying alternative EFT accounts (see (3) The Contractor shall ensure that the subpart 32.11) for the same entity. If the Acquisitions (Other Than Commercial Items) unique entity identifier is maintained with Offeror does not have a unique entity (Oct 2016) the entity designated at www.sam.gov for identifier, it should contact the entity * * * * * establishment of the unique entity identifier designated at www.sam.gov for unique entity (b) * * * throughout the life of the contract. The identifier establishment directly to obtain (1) * * * Contractor shall communicate any change to one. The Offeror should indicate that it is an (i) 52.204–10, Reporting Executive the unique entity identifier to the Contracting offeror for a Government contract when Compensation and First-Tier Subcontract Officer within 30 days after the change, so an contacting the entity designated at Awards (Oct 2016) (Pub. L. 109–282) (31 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67741 U.S.C. 6101 note) (Applies to contracts Small Business Subcontracting Plan 53.219 [Amended] valued at $30,000 or more). (Oct 2016) ■ 29. Amend section 53.219 by * * * * * * * * * * removing from the paragraph ‘‘(Rev. ■ 26. Amend section 52.219–9 by— 10/2015)’’ and adding ‘‘(Rev. 8/2016)’’ PART 53—FORMS in its place. ■ a. Revising the section heading; 53.214 [Amended] 53.236–2 [Amended] ■ b. Revising the date of the clause; ■ 27. Amend section 53.214 by ■ 30. Amend section 53.236–2 by ■ c. Removing from paragraph removing from paragraph (d) ‘‘SF 1447 removing from paragraph (b) ‘‘SF 330 (d)(10)(vi) ‘‘DUNS number,’’ and adding (Rev. 2/2012)’’ and adding ‘‘SF 1447 (Rev. 3/2013)’’ and adding ‘‘SF 330 ‘‘unique entity identifier,’’ in its place. (Rev. 8/2016)’’ in its place. (Rev. 8/2016)’’ in its place. The revisions read as follows: ■ 31. Revise section 53.301–294 to read 53.215–1 [Amended] 52.219–9 Small Business Subcontracting as follows: ■ 28. Amend section 53.215–1 by Plan. 53.301–294 Subcontracting Report for removing from paragraph (e) ‘‘OF 307 * * * * * (9/97)’’ and adding ‘‘OF 307 (Rev. 8/ Individual Contracts. 2016)’’ in its place. BILLING CODE 6820–EP–P asabaliauskas on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4

67742 Federal Register/Vol. 81, No. 190 /Friday, September 30, 2016 /Rules and Regulations SUBCONTRACTING mmmmmmm “ | ut I Sas insth Sree xpwatmn !aa 2}?3@'2@1 9 Papearwork ReductionAct &x&am@mfi Thisinformationcollection meets the maqmrswwtg of44 USC§ 3507, as amendedby section 2 ofthe Paperwork Reducton Act of 1995, You do not need toanswer these questions unless we display a valld Office ofManagement and Budget (OMB) control number. TheOMB control number for this collection is 2000—0006. YVe extimate that it will take 13.5 hours to readthe instructions, gather the facts, andanswer the questions. Sendonly amwmms Nf@sfinfi to our time extimate, including euggestionsfor reducing thisburdan, or any other aspects ofthis collechon of information to: General Services Administation, Regqulatory Secretariat Oiwision iM1V1CE}, 1800 F Street, NW, Washington, DC 20M05. REcuLar %M} FINAL [~] ADMINIGSTERINGACTVMITY | | OTHERFEDERAL AGENCY (Specffy) [_] air rorce i DEFENSE CONTRACT MANACEMENT AGENCY [_] prmEecontractor SUBCONTRACTOR cCoOsts SsUBCONTRACTAWARbS TYPE WHOLE DODOLLARSE PERCENT WHOLE DOLLARS PERCENT 10a. SMALL BUSINESS CONCERNS(Doiflar Amount and FPersent of10e.) (SEE SPECIFIC INSTRUCTIONS) 106. Lfinfi&E BUSINESS CONCERNS(Dollar Amount and Percent of 10¢e.) (SEE SPECIFIC| NfiTRHflTEQNS} 10. TOTAL(Sum of 10a and 10b.] | 100.0% | 100.0% 11. SMALL DISADVANTACGEDBuUSINESS (SDB) CONCERNS (Dollar Amountand Percent of10e.) (SEE SPECIFICINSTRUCTIC 5} 12. WOMEN—OWNED SMALLBUSINESS(WOSB) C Amount and Percent of 10c.) (SEE SPECIFCINSTRUCTIONS] 13. HISTORICALLY BLACKCOLLEGES AND UNIVERSITIES (HBCU) AND MINORITYINSTITUTIONS(M1) (f applicable) (Dolfar Amount and Percent of 10¢.) (SEESPECIFICINSTRUCTIONS) 1 .4 HUEZone SMALLBUSINESS (HUBZone SB} CONCERNS(Doller Amount and Persent of 10¢.) (SEE SPECIFICINSTRUCTIONS) 185. VETERAN—OWNED SMALL BUSINESS CONCERNS(Doiler | Amountand Persent of 10¢e.) (SEESPECIFICINSTRUCTIONS]) 16. SERVICE—DISABLED VETERAN—OWNEDSMALL BUSINESSCONCERNS(Doffar Amount and Percent of 10¢) _(SEESPECIFICINSTRUCTIONS) 17. ALASKANATIVE CORPORATIONS (ANCs) ANDINDIANTRISES THAT HAVE NOT BEEN CERTIFIED 8Y THE SMALL BUSNESS ADMINISTRATION AS SMALL DISADVANTAGED BUSINMNESSES __(DollarAmount) (SEE SPECIFICINSTRUCTIONS) 18. MA&&QE@%@WE CORPORATIONS(ANCs) ANDINDIAN s THAT ARE NOT SMALL BUSINE: TRIBES ES(Cdoliar Amount) (SEE SPECIFICINSTRUCTIONS) Frevious Edition is NOTUsable Prescribedby GSA—FAR(48 CFR53.219) _

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67743 18. REIIARICS :ZOO. NAME: OF INDMCUALADMINISTERING SUBCOIITRACTING PLAN STANDARD FORM 21M (REV. 812016} PAGE 2 asabaliauskas on DSK3SPTVN1PROD with RULES ER30SE16.005</GPH> VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4

Federal Register/Vol. 81, No. 190 /Friday, September 30, 2016 /Rules and Regulations GENERAL INSTRUCTIONS 1. Thisreport is not required for small businesses. BLOCK9+ Cheack theappropriate blocktoindicate whether indirect casts 72. This report isnot required fw mr‘m‘xfirfi; lal items for whicha commercial plan are includedin the dollar amounts in blocks 10athrough 16. Toensure hm been approved, nor from large s in the Department of Defense comparability between thegoal and actual columns, the contractor may include indirect costs in theactual column onlyifthesubcontractingplan {DOD) Test Program for Negotiation of Comprehensive Subcontracting plans. includedindirectcostsin the goal. The Summary Subcontract Report (SSR) is required for contractors operating underoneof thesetwoconditions and should be submitted to the Government BLQGK& ’!fiaimwghm Mm&r"Ccurent Goal," enter the dollar and in accordance withthe m@tfm‘:figmfi on that form. 4 SQE W@\ : h‘“@fifl & 3. This form collects subcontract award datafromprime contractors/ r;%fi:s*mm smt ict.(éfmfi @m@imQflfi& ; @m&fi zu;mn ;asfim%mfit subcontractorsthat: (a) hold one or more contracts over $700,000(over ised & ~M¢ficfi§§w$ enter mfi $1,500,000for construction of a public facilityy and (b) are required to report subcontracts awardedtoSmall Business (SB), Small Disadvantaged “ifi s.hm.:izfi mfiefi:’t th& mwfmefig@ais.) Themam no QQ@%S fm Blocks 17 Business (SDB), Women—Owned Small SBusiness (\WOSE8)}, HUEZone Small and 1 8, Under "Actual Cumulative," enter actual suh&m%mmt Business (HUSZone SB), Veteran—OwnedSmail Business (VOSB) and fifi?‘ievements (dollars and percent] from the inception of thecontract through the fia&& m‘ me report ahtswn in Block 4. coses where indirect Service—Oisabled Veteran—OwnedSmail Business concernsunder a cm&g areincluded, the : nts should includeboth direct mbc@m%rmtmm plan. Forthe i’ii*emfimni of Defense(DOD), the National awardsand an appropriateproratedportion of indirect awards: Aeronautics and Space Administration (NASA), andthe Coast Guard, this However, the doliar amounts reported un der "Actual Cumulative"must form alsocollects subsontract award datafor Hl&&finm%y Black Colleges and be for the sameperiod oftime as thedollar ts shown under Universities (HBCUs) and Minority Institutions (Mis] SCurrent Gogl." Fora contract with options, the current gos! should 4. This report is requiredfor each caont a subcontracting plan representthe aggregate goal sincethe inception of the contract. For and must besubmittedto the admls‘%mém c;mkrmtgng aofficer (ACO) or example, if the contractor is smbm&fmg the report during Option 7 of a contrecting officerif no ACOis assigned, semi—annually, during contract mulliple year contract, the current goal would be the cumulative goal for pefiwmama for tiw ;:s@ma&a Efl{ifi'{i i ‘,‘;mn '%15£ am:iSept@mh&r 30th. A the baseperiodplus the goal for Option 1 andthe goalfor Option 2. report is ti Reports BLOCK10a:; Report all subcontracts awarded to SBsincludingsubcontracts — ara d‘ua 30 d@’g?s afterthe :‘:@&e a!f' fi‘afi:h m&ming periecdunless Géh@m%%& Te io S@@s; wWOSE, VOSE, service—disabled VOSE, amfi HUEZone SEs. directed bythe contracting officer. Reports are required when due, regardless For DOD, NASA, and Coast Guard contracts, | de subcaontracting awards of whether there has been anysubcontractingactivity since me mt:agmm of the to HBCUs and Mis. Include subcontracts awarded to ANCsand Indian tnibes contract or sincethew&mms rfit‘fim that are not small businessesandthat are not certified bythe SBAas SOBs 5. Only sut f n the United States orits outiying whereyou have been designated to receive their SBand SDRcredit. Where areas fihmlfi be includedin ihss& report with i:hze exception of subcontracts undera ymr company and other companies havebeendesignated by an ANCof contract awarded tsy the S&&tfi mpar‘tmamt orany.mtl"aar figemwiha& has Indian trbetoreceive SBand SDB credit for a subcontract awardedto the statutory or requls cting plans for suk ANCor Indiantribe, report onlytheportion of thetotal amount ofthe performed cutside th& United &fi&ms argd its outlying areas. subsontractthat has been designated to your company. 6. Purchases from a corporation, company, or subdivision that is an affiliate of the prime{subcontractor are not includedinthis report. BLOCK 10b: Report all subcontracts awarded to large businesses (LBs) and any other—than—small businesses. Donet includesubcontracts awarded to 7. Subcontract award data reportedon thisformbyprime contractors/ ANCs and Indian tribes that have been reportedin 108 above. suhfimtracfimm shall be limited to awards madeto their immediate subscontractors. te iot be taken for awards madeto lower fier subcontractors unless you BLOCK10e Report onthis linethe tatal of all subcontracts awarded have been designatedto receive an SBand SDBcredit froman under this contract (the sum of lines 10a and 10b6). ; Blaska Native Corporation (ANC) orIndian tribe. BLOCKS 11 —16: Each of these items is a subcategoryof Block 10a;. Note 8. FAR 19.703setsforth the eligibllity requirementsfor participating in the that in some casesthe samedollars may be reportedin morethan one block subcontractingprogram: {€.0., SEB&S owned bywomenor veterans}). 8. Actual achlevernents must be reported on the samebasis as the goals set BLOCK 11:; Reportall subcon Jed to SDBs{including WOSBE, forth in the confract. Forexample, if goals in the plan do not include indirect YOSB, service—disabled YOSBs, and HUBZone SBSDBs). Include and overhead items, the achievements shown on this report should not subcontracts awarded to ANMCsand Indian tribesthat have not beencertified wsou include them either. by S&a a% EGE@ where you have been designatedto receive me;r SsD8 SPECIFIC INSTRUCNONS you ad other companies have| i by an ANCor Indian tribe to receive their 5OB credit fora subcontractawam&s BLOCK 7: Forthe Contractor ifieflmfica&m Numfler enm’ &h& unigque emity to ma A&*Jfl: @r Enfilan ififltifi: mg:s:zr& onlythe portion ofthe total amount ofthe identifier that identifiesthe specific contr Ifthere is no sube ignated Eayour company. For DaD, NASA,. and unique entity identifier thatHdenfifes the &ms:t mm& and addressenteredin Coast Guard contracts, mNfl de ting awards to HBCUs and Mis. Block 1, contact the entitydesignated at SAM for establishment of the unique entity identifier. BLOCK 12: Report all subcontracts awarded to WOSBs (including SDBs, VOGSBs (includingservice—disabled VOSBs), and HUBZone SBsthat are BLOCK4> Check only one. Notethat all subcontract award data reported also WOSBEs), on this formrepresentsactivity since theincepfiors of the contract tha“rmgvh the date indicatedonthis block. BLOCK 1 3: (For contracts with DoD, NASAandCoast Guard): Report all subcontracts with HBCUS/M!s. Complete the columpnunder "Current Goal"® only whenthe subcontracting plan establishes a goal. BLOCK 5: Check whether this report is a "Regular," "Final," and/or "Revised" report. A"Final" report should becheckedonly if the cantractor BLOCK14: Report all subcontracts awarded to HUBZone SBs {including has mwgflfi%fifi thecontract or subcontract reported in Block 7. A "Revised" WOSBEs, VOSBEs (Including service—dissabledVOSBs), and SDBs that are report is a changetoa report previouslysubmitted for the sameperiod. also HUBZone SBs). BLOCK6: |dentify the department or agency administering the majority of BLOCK 15: Report all subcontracts awardedto VOSBEsincluding service— subcontracting plans. disabled VOSEs(andincluding SOBs, WOSEs, and MUBZone SBs thatare also VOSBs). BLOCK7: Indicatewhetherthe reporting contractoris submitting this report as a prime contractor or subsontractor andthe primecontract or BLOCK16: Repordall subcontracts awardedto service—disabled VOSBs subcontract number. tincluding SD8s, WOSBEs, and HUBZoneSBsthat are alsoservice—disabled VOSBs) BLOCK &: Enter the name and address oftheFederal department or BLOCK 17: Report all sub led to ANCa and Indian tribesthat agency awarding the contract or the prime contractor awarding the are reported in Block 11, buthave not beencertffied by SEA as SDBe, subcontract.. STANDARDFORM294 (REV8/2016)PAGE 3

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67745 ■ 32. Revise section 53.301–330 to read 53.301–330 Architect-Engineer as follows: Qualifications. asabaliauskas on DSK3SPTVN1PROD with RULES ER30SE16.007</GPH> VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4

Federal Register/Vol. 81, No. 190 /Friday, September 30, 2016 /Rules and Regulations . EIQME Contral Number: 9000—0157 Ex;airatmn Date: 11730/2017 Papenwork Reduction Act Stateoment — This information callection mants the requiramentsof44 USC§ 3507, as amondad bysection 7 of the Paparwork Reduction Act af 1985. You do not need to answer these questions unless we displaya valld Office of Mangagement and Budget (OMB) contral mm&mr The OME control number for this collection is 9000—01ST7. We estimatethat it wil take 28 hours(25hours for part 1 and4 hours for Part 2) to readthe i sther the facts, andanswer the qestone. Send anlycomments relating to our fime estimate, including suggestions for reducing this burdan, or any ather aspecte afthis. mfififlhflfi of information to: General Services Administration, Regulatory Secretarniat Division (M1TV1CB}, 1800 F Street, NW, Washington, DC 20405 PURPOSE DEFINITIONS Federal agencies use this a‘mm toobtain mfmmats@n fiwm Architect—Enginger Services: Defined in FAR3101. architect—engineer(A—E) firms about their profes qualifications. Federal agencies select firms fi}f“ A—E C Branch Office: —A geographically distinct place of business or the basisof professional qualifications as required by fii‘ L;% S4‘3 subsidiary office of a firmthat has a key role onthe team. chapter 11, Selection of Architects Engineers, and Part 36 of the Federal Acquisition Regulation (FAR). Discipline: Primary technical capabilities of key personnel, as The Selection of Architects and Engineers statute requires the evidenced by academic degree, professional registration, public announcement of requirements for A—Eservices (with certfication, and/orextensive experience. someexceptions providedby other statutes), andtheselection of atleast three ofthe most highly qualified firms based on Firm: Definedin FAR36.102. demonstratedcompetenceandprofessional quailffications according to specific criteria published in the announcement. Key: Personnels Individuals who will have major contract The Ast then requires thenegotiation of a contract at a fair and responsibilities andifor provide unusual or uniqueexpertise. reasonable price starting first with the most highlyqualified firm. The information usedto evaluatefirms is from this form and other sSPECIFIC INSTRUCTIONS sources, including performanceevaluations, anyadditional data requested by the agency, and interviews with the most highly Part | — Contract—Specific Qualifications qualified firms andtheir references. Section A. ContractInformation. GENERAL INSTRUCTIONS 1. Tile and Location.. Enter the tille and location of the ccontract for which this formis being submitted, exactly as shown Part | presents the qualifications for a specific contract. in the public announcement or agency request. a. Public Notice Date, Enter theposteddate of the a{:;@m:*y‘% PartII presentsthe general qualifications of afirmor a specific mfim on the Federal Business Opportunmty website branchoffice ofa firm. Part I| hastwouses: (Pwfimmpm} other form of public announcement or agency request for this contract. — firm may subrmit PartI| tothe appropriatecentral, m@mflm or &c:r:gi office of each Federal agency to bekepton file. 3. Solictation or Project Number. Enter the agency‘s A public announcementis not required for certain contracts, amj solicitation. number and/ior project number, f applicable, agencies may use Part || as a basis for selecting atleast three of exactly as shown inthe public announcement or agency request the most highly qualifiedfirmsfor discussionsprior to requesting for this contract. submission of Part 1. Firms are encouraged to update Part !| on file wwithagencyoffices, as appropriate, according to FARPart Section B Architect—Engineer Point of Contact 386. Ifafirmhas branch offices, submita separate Part1| for each branch office seeking work 458. Name, Title, Name of Firm, Telephone Number, Fax (Facsimile) Mumber and E—mail (Elecronic Mm; Address, 2. Prepare a separate Part || for eachfirmthat will be part of Provide information for a representatwe of the prime contractor m&i&am propasedfor a specific contractand submitted with Part or joint venture that the agency can contact for addifonal L. Ifafirrmm has branch offices, submit a separate Part 1| for each information. branchofficethathas a keyrole on the team. INDIVIDUAL AGENCY INSTRUCTIONS Individual agencies may supplementtheseinstructions. For example, they may limit the number of projects or number of pages whmm&fl in Part| in response toa public announcerment ular project. Carefully comply with any agency instructions whenpreparing and submitting thisform. Beas concise as possible and provideonly the information requested ames bythe agency. AUTHOREZED FORLOCAL REPRODUCTION STANDARD FORM 330 (REYV. 812016) PAGE 1 OF ifi&TRfiET?Q&%& Prescribed by GSA— FAR 48 CFR)53.936—2(b)

Federal Register/Vol. 81, No. 190 /Friday, September 30, 2016 /Rules and Regulations 67747 Section C. Proposed Team. 19. Relevant Projects,. Provideinformation on up to five projectsin which the person hada significantrole that 811. Firm Name, Address, and Role in This Contract. demmonstrates the person‘s capabilityrelevantto her/his proposed Providethe contractual relationship, name, full mailing address, tole in this contract,. These projects donot necessarilyhaveto anda brief description ofthe role ofeachfirm that will be beany ofthe projects presented in SectionFfor the project team involved in performance of this contract,. Listthe prime if the person was not involved in any oafthose projects or the contractor of joint venture partners first. If a firm has branch person workedon other projects that were more relevantthan offices, indicate each individual branch office that will have a key the team projects in Section F.. Use the check box provided to role ontheteam— Thenamed subcontractorsand outside indicate ifthe project wasperformed with any office of the current associates or consultants must be used, and anychangemust firm. If anyof the professional services or construction projects becapproved by the contracting officer. (See FAR Part 57 Clause are not complete, leaveYear Completedblank andindicatethe "subcontractors and Qutside Associates and Consultants status in Brief Description andSpecific Role(block (3)). (Architect—Engineer Services}"). Attachan additional sheet in the same format as Section C if needed. Section F. Example Projects Which Best IMlustrate Proposed Team‘s Qualifications for this Contract. Section D.. Organizational Chart of ProposedTeam. Select projects where multiple team ‘s worked As an attachment after Section C, presentan :rgan&fiafi‘mai together, if ;}flssml& that demonstratethe team‘s capabilityto chart of the proposed team showing the names androles ofall perform worksimilartothat requiredfor this contract. Complete key p&rfimmlistedin Section E andthefirmtheyare oneSection F foreach project. Presentten projects, unless iated with as listed in Section C othermse specified by the agency. Complete the following blacks for each project: Resumes of Key Personnel Proposed for this Contract. 20. Example Project KeyNumber. Startwith "1" for the first project and number consecutively. Complete this sectionfor each key person who will participateinthis contract. Group by firm, with personnel of the 21. Titleand Location. Title and location of project or prime contractor or joint venture partner firms first. The following contract. Foran indefinitedelivery contract, thelocationis the blocks must be completed for each resume; geographic seope of the contract. 12. Name. Selftexplanatory. 22. Year Completed. Enter the year completed of the professional services (such asplanning, engineering study, 13. Role in this contract. Self—explanatory. design, or surveying), and/or the year completedof construction, if applicable. If anyof the professional services or the construction projects arenot complete, leave Year C« Eo4 $ 14. Years Experience. Total years of relevant experience blank and indieatethe status in Brief Descriptionof F:*rfigefi:t and (black 143a), and years of relevant expernionce with current firm, Relevance to this Contract (block 24). but notnecessarily the same branch office (block 14b). 15. Firm Name and Location. Name, city and state of the 23a. Project Owner. Project owneror user, such as a firm where the person currently works, which must correspond government agency or installation, an institution, a corporation or private individual. with one of thefirms (or branch office of afirm, if appropriate) listed in Section C. ‘sint of Cantact Name. Providename of a person associated withthe project ownerortheorganization which 16. Education. Provide information on thehighest relevant contracted for the professional services,whois very familiar with academic degree(s) received. Indicatethearea(s) of the project andthe firm‘s(or firms") performance. specialeation for each degree. 23¢. Pointof Contact Telephone Number. Self—explanatory. 17. Current Professional Registration. Provideinformation on current relevant professional registration(s) in a State or 24. Brief Description of Projectand Relevanceto this possession of the UnitedStates, Puerto Rico, or the District of Columbia according to FAR Par 36. Contract. Indicate scope, size, cost, principal elements and special features of the project: Discussthe relevanceof the example projecttothis contract.. Enter any otherinformation 18. Other Professional Qualifications. Provide information requested by the agency for each exampleproject. on any other professional qualificationsrelatingto this contract, such as education, professional reqistration, publications, . organizational memberships, certifications; training, awards, and foreign language capabilities. STANDARD FORM 330 (REV, amw} PAGE2 OF INSTRUCTIONS

Federal Register/Vol. 81, No. 190 /Friday, September 30, 2016 /Rules and Regulations 25. Firms from Section C Involved with this Project: Indicate 29. Example Projects Key. List the key numbers and titles of which firms (or branch offices, if appropriate) on the projectteam the example projects in the same order as theyappe ar in Section were involved in mfi: %x&mpt& project, and their roles. List in the same order as Section C. Section H. Additional Information. Section G. Key Personnel Participation in Example Projects. se this section to provideadditional information This matrix is intended to graphically depict which key smmmmfiy W:gufifit >d by the agency or to address selection personnel identified in Section E worked on the exampleprojects oriteria that are not covered by theinformation provided in listed in Section F. Complete the following blocks(see example Sertions A—G. below). Section|. Authorizged Representative. 26. and 27. Names of Key Personneland Role in this Contract. List the namesof the keypersonnel andtheir 31. and 32. Signature of Authaorized Representative and proposed roles in this contractin the same order asthey appear Date: An authorized representative ofa joint venture or the in Section E. prime contractor must sign anddatethe completed form. Signing attests mat the informationprovidedis current and 728. Example Projects Listedin Section F. In the column factual, and that all firms on theproposed team agreeto work on under each project keynumber (see block 29) andfor each key the project. Joint ventures selected for negotiations must make person, place an"X" undertheproject key number for available a statementof participation by a principal of each participation in the sameor similar role. member of the joint venture. 33. Name and Title, Selfexplanatory. SAMPLE ENTRIES FORSECTION G (MATRIX) 26. NAMES OF KEY 27. ROLEIN THIS 728. EXAMPLE PROJECTS LSTED IN SECTION F PERSOMNEL _CONTRACT: (Cidin “&x&zmpfié Projects Key" section belowfirst, before (FromSection E, completing table. Place "X" underproject key number for Blsck 12) paerticipation in same or similar role.} 2 s 4 § & 7 s 8 i0 jlt alk AThey peey oC 7y omm ue \igmmy i5 larFa C Donovan 29. EXAMPLE PROJECTSKEY NUMBER! __TITLEOFEXAMPLEPROJECT(FromSection F) _TNTLEOFEXAMPLEPROJECT (FromSection F) 1 w rou mectrlefrge . Founder‘s Nt Muiseum, 5ol uin Newport, KT e see n qed RI m y _PAGE3 f:aFk INSTRUCTIONS

Federal Register/Vol. 81, No. 190 / Friday, September 30, 2016 /Rules and Regulations 67749 Part II—General Quailifications Seethe "General Instructions" on page1 for firms with branch 8. Employeesby Discipline. Use therelevantdisciplines and offices. Prepare Part II forthe specific branch office seeking associatedfunction codes shownat the end of these instructions work if the firm has branch offices. and list in the same numerical order. After thelisteddisciplines, write in any additional disciplines and leavethefunction code 1. SolicitationyNumber. If Part I| is submittedfor a specific blank. List no more than 20 disciplines.. Group remaining contract, insert the agency‘ssolicitation number and/or project employees under"Other Employees" in column b. Each person number, if applicable, exactlyas shown in the public can be counted only aonceaccording tohis/‘her primary function. announcement or agency request. Iif Partlis preparedfor afirm (including all branch offices} enter the number of employees by disciplinesin column ¢(1). If Part1| 2a—26. Firm(or Branch Office) Name and Address. Self— is preparedfor a branchoffice, enter the number of employees explanatory. | bydiscipline in column e(2) and forthe firm in columna e(1) § 4h 3. Year Established. Enter the year thefirm (or branch 10. Profile of Firm‘s Experience and Annual Average office, if appropriate) was established under the current name. Revenuefor Last 5 Years. fimm@%fim this blackfor thefirmor branch office for which this PartI| is prepared. Enter the 4. Unique Entity Identifier. Insert the unique entity identifier experience categornies which most accuratelyreflect the firm‘s issued by the entity designated at SAM. See FAR part 4.6. technical capabilities and project experience. Usethe relevant experience categornes and associated profile codesshown atthe 5.QOwnership. end of these instructions, and list in the same numerical aorder. After the listed experience categories, writein any unlisted a. Type.. Enter the typeof ownership or legal structure of the relevant project experience categories and leave the profile firm {solse proprietor, partnership, corporation, joint venture, ete.). codes blank:. For eachtype of experience, enter the appropriate revenue index number to reflect the professional services b. Small Business Status. Refer to the North American revenues received annually {averaged overthe last 5 years) by Industry Classification System (NAICS) code inthe public the firm or branch office for performing that type of work. A announcement, and indicate ifthe firm is a —small business particular project maybe identified with oneexperience categary accordingto the current size standardfor that NAICS code(for ot it may be broken into components, asbest reflects the example, Engineering Services(part of NAICS 541330), capabilities and typesof work performedby the firm, However Architectural Services(NAICS §41310), Surveyingand Mapping do not double countthe revenues received on a particular Services (NAICS 541370)).. The small businesscategories and project. theinternet website for the NAICScodesappear in FAR part 19. Contactthe g&qfl@fiimg agencyfor any questions. Contact your 11. Annual Average Professional Services Revenues of Firm local U.S, Small Business Administration office for any questions for Last 3 Years,. Complete this block for the firmor branch affice regarding Business Status. for which this Part II is prepared.. Enter the appropriate revenue index numbers toreflect the professional services revenues ba—6e. Point of Contact. Provide thisinformation for a received annually (averaged over thelast 3 years) by the firmor representative of thefirm that the agency can contact for branch office. Indicate Federal work (performed directly for the additional information.. The representative must be empowered Federal Government, efther as the ;:asim& contractor or to speakon contractual and policy matters. subcontractor}, non—Federal work (all other domestic andforeign work, including Federally—assisted g;m§ ), andthetotal. If the 7. Nameof Firm. Enterthe name of the firm if PartII is firmhas been in existencefor lessthan3 years, seethe preparedfor a branch office. definitionfor "Annual Receipts" under FAR19.101. Sa—8e. Former Firm Names.. Indicateanyother previous 12. Authorized Representative.. Anauthorized names for the firm(or branch office) duringthe last six years. representative of the firmor branch office must signand datethe Insert the yearthat this corporate namechangewaseffective completedform. Signing attests that the information provided is andthe associated unique entity identifier. This information is current and factual.. Providethe name and title of the authorized used to reviewpast performanceon Federal contracts. representative who signed the form. STANDARD FORM 330(REV. 872016) PAGE4 OF INsTRUcTIONS

67750 Federal Register/Vol. 81, No. 190 /Friday, September 30, 2016 /Rules and Regulations __ List of Disciplines (Function Codes) Code Description Code Description Acoustical Engineer 32 Hydraulic Engineer Administrative 33 HydrographicSurveyor Aerial Photographer 34 Hydrologist Aeronautical Engineer 35 Industrial Engineer Archeologist C Industrial Hyglienist Architect 37 Interior Designer Biclogist 38 Land Surveyor CADDTechnician 39 Landscape Architect Cartographer 40 Materials Engineer Chemical Engineer Materials Handling Engineer Chemist Mechanical Engineer Civil Engineer Mining Engineer Communications Engineer Oceanographer Computer Programmer Photo Interpreter Construction Inspector Photogrammetrist Construction Manager Planner: Urban/Regiona Corrosion Engineer Project Manager Cost Engineer/Estimator Remaote Sensing Specialist cologist Risk Assessor Ssfety!Cecupational Health Engineer Electrical Engineer Sanitary Engineer Electronics Engineer Scheduler Environmental Engineer Security Specialist Environmental Scientist Soils Engineer Fire Protection Engineer Specifications Viriter Forensic Engineer Structural Engineer Foundation/Geotechnical Engineer Technician/Analyst Geodetic Surveyor Texicologist Geographic Information Systermm Specialist Transportation Engineer Geclogist Value Engineer Health Facility Planner Water Resources Engineer STANDARD FoORM 330(REV.8/2016) PAGE SoFInsTRUctions

Federal Register/Vol. 81, No. 190 /Friday, September 30, 2016 /Rules and Regulations 67751 List of Experience Categories (Profile Codes) Description Code Description Acoustics, Noise Abatement 201 Ecological & Archeological Investigations Aerial Photography, Airbormme Data and Imagery Eo2 Educational Facilities; Classrooms Collection and Analysis EQ3 Electrical Studies and Design Agricultural Development; Grain Storage, Farm Mechanization E04 Electronics Air Pollution Control EOS Elevators; Escalators; People—Movers Airports; Navaids, Airport Lighting; Aircraft Fueling FO6 Embassies and Chanceries Airports; Terminals and Hangars; Freight Handling Energy Conservation; New Energy Sources Eo8 EngineeringEconomics Arctic Facilities E09 Environmental Impact Studies, Animal Facilities Assessments or Statements Anti—1erronsm/[ForeeFrotection E10 Environmental and Natural Resource AsbestosAbatement Mapping Auditoriums & Theaters E11 Environmental Planning Automation: Controls: Instrumentation F12 Environmental Remediation E13 Environmental Testing and Analysis Barracks: Dormitories Bridges Fallout Shelters; Blast—Resistant Design Field Houses; Gymes; Stadiums Cartography Fire Protection Cemeteries (Planning & Relocation) Fisheries; Fish ladders Forensic Engineering Charting: NMautical and Aeronautical Forestry & Forest products Chemical Processing & Storage Child Care/Development Facilities Garages, Vehicle Maintenance Facilities;, Churches; Chapels Parking Decks cor Coastal Engineering Gas Systems (Propane; Natural, Etc] mmame Codes: Standards; Ordinances Geodetic Surveying: Ground and Air—borne Caold Storage; Refrigeration and Fast Freeze Geographic Information System Services: c10 Commercial Building (low rise); Shopping Centers Development, Analysis, and Data Collection 611 Community Facilities Geospatial Data Co ion Scanning, C12 \Communications Systems: TV; Microwave Cigitizing, Compilation, Attributing, Seribing, C13 Computer Facilities; Computer Service Drafting C14 Conservation and Resource Management Graphic Design C15 Construction Management Harbore: Jetties: Piers, Ship Terminal Ci6 Construction Surveying Facilitiss C17 Carresion Cantrel: Cathodic Protection, Clectralyeis Hazardous Materials Handling and Storage Ci8 Cost Estimating, Cost Engineering and Hazardous, Toxic, Radioactive Waste Analysis; ParametricCosting,; Forecasting Remediation ci9 Cryogenic Facilities Heating: Ventilating; Air Conditioning Health Systems Planning Dams (Concrele; Arch) Highrise; Air—Rights—Type Buildings CDams (Earth; Rock) Dikes; Leveses Highways; Streets; Airfield Paving; Parking Lots Desalinization (Process & Facilities) Historical Preservation Design—Build — Preparation of Requests for Proposals Hospital & Medical Facilities Digital Elevation and Terrain Model Development Hotels; Motels Digital Orthophotography Housing: (Residential Multi—Family; Dining Halls; Clubs: Restaurants Apartments; Condominiums) Dredging Studies and Design Hydraulics & Preumatics Hydrographic Surveying STANDARD FORM 330 {(REY.8/20186) | PAGE 6 OF INSTRUCTIONS

67752 Federal Register/Vol. 81, No. 190 /Friday, September 30, 2016 /Rules and Regulations List of 5& perience Categories (Profile Codes continued) Code Description Ead& Description 101 | Industrial Bu ildings;: Manufacturing Plants Product, Machine Equipment Design 102 Industrial Processes; Quality Control PreumaticStructures, Alr—Support Buildings 103 Industrial WasteT reatment Postal Facilities Intelligent Transportation Systems Power Generation, Transmission, Distribution Interior Design; SpacePlanning Public Safety Facilities Irrigation, Drainage Radar; Sonar: Radio & Radar T&I&m@ms Judicial and Courtroom Facilities Radio Frequency Systems& Shieldings Labsratories: Medical Research Facilities Railroad; Rapid Transit Land Surveying Recreation Facilities (Parks, Marinas, Ete.) Landscape Architecture Refrigeration Plants/Systems Libraries; Museums; Gallefies Rehabilitation (Buildings, Structures; Facilities] Lighting {Interior; Display; Theater, Ete.) Remote Sensing Lighting (Exteriors, Streets; Memorials; Research Facilties Athletic Fields, Ete.) Resources Recovery; Recycling Mapping Location/Addressing Systems Risk Analysis Materials Handling Systems: Conveyors, Sorters Rivers; Canals; Waterways; Flood Control Metallurgy Roofing Microclimatology; Tropical Engineering Safety Engineering, Accident Studies, OSHA Military Design Standards Studies Mining & Mineralogy so2 Security Systems; Intruder & SmokeDetection Missile Facilities (Siles; Fuels; Transport) 503 Seismic Designs& Studies Modular Systems 504 Sewage Collection, Treatment and Disposal Components so5 Soils & Geologic Studies; Foundations s06 Solar EnergyUtilization Naval Architecture; Off—Shore Platforms: so7 Solid Wastes; Incineration; I Landfill Navigation Structures; Locks Special Environments; Clean Rooms, Etc. Nuclear Facilities; Nuclear Shielding: Structural Oe sign; Special Structures Office Buildings: Industrial Parks Smw&yafigx P‘%amflg, Mapping. Flood Efifiam “flrLGoies Oceanographic Enginesring Ordnance; Munitions; Special Weapons Sustainable Desigr Swimming Pools Petroleum Exploration: Refining StormWater Handling & Facilities Petroleumand Fuel (Storage and Oistrnibution) TQ1 Telephone Systems(Rural Mobile: Intercom, Pos Photogrammetry Ete.) Po4 Pipelines (Cross—Country — Liquid & Gas) Testing & Inspection Services Pos Planning (Community, Regional, Areawide and State) TO3 Traffic & Transportation Engineering TO4 Topographic Surveying and Mapping Pos Planning (Site, Installation, and Project) TOS Towers (Self—Supporting & Guyed Systems) Po7 FPlumbing & Piping Design TO6 Tunnels & Subways Pos Prisons &Correctional Facilities ~ PAGE T OFINSH mmpaldy

Federal Register/Vol. 81, No. 190 /Friday, September 30, 2016 /Rules and Regulations 67753 List of Experience Categories(Profile Codes continued) Description Unexploded Ordnance Remediation Urban Renewals; Community Development Utilities (Gas and Steam) Value Analysis; Life—Cycle Costing VWarehouses & Depots Water Resources; Hydrology; Ground Water Water Supply: Treatment and Distribution Wind Tunnels: Research/Testing Facilities Design Zoning: Land Use Studies STANDARDFORM 330 ([REV. s12016) PAGE 8 OFINsTtRUctions

67754 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations ARCHITECT ·ENGINEER QUAUFICATIONS PART I • CONTRACT-&PECIFIC QUAUFICATIONS A. CONTRACT INFORMATION B. ARCHITECT-ENGINEER POINT OF CONTACT asabaliauskas on DSK3SPTVN1PROD with RULES ER30SE16.016</GPH> VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67755 STANDARD FORM 330 (REV. 812016) PAGE 2 asabaliauskas on DSK3SPTVN1PROD with RULES ER30SE16.017</GPH> VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4

67756 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 23. PROJECTOWNER'SINFORMATION 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT asabaliauskas on DSK3SPTVN1PROD with RULES ER30SE16.018</GPH> VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67757 G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS 29. EXAMPLE PROJECTS KEY asabaliauskas on DSK3SPTVN1PROD with RULES ER30SE16.019</GPH> VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4

30. —PROVIOEANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY. ATTACH ADDITIONMAL SHEETS AS NEEDED I. AUTHORIZED REPRESENTATIVE Theforegoing is a statement of facts. SIGNATURE 31.

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67759 ■ 33. Revise section 53.301–1447 to 53.301–1447 Solicitation/Contract. read as follows: asabaliauskas on DSK3SPTVN1PROD with RULES ER30SE16.021</GPH> VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4

67760 Federal Register/Vol. 81, No. 190 / Friday, September 30, 2016 /Rules and Regulations 1. THl& CONTRACT IS A RATED RATNG PaGE OF : UNDER OPAS (1§6 CFR LICITATIONTYPE SSUE DATE [ sEareo sips |—) NEGoTiaTeD QEFB} —! (rEPj 7. ISSUED BY COoE |6. THIS Acauisition §$§ RESTRICTED OR [ | SET AsiDE: % FOR: cemall pusmess wWoOMEN—OvwNELD m%mm BUSINESS(WOSRE) ELIGIBLE UNDER THE WOGSBEPROGRAM *’Wg HUBZONESMALL * BUSINESS ¢ & NAICS: [i wo correctcarrs| 1L_] & fifiE £TANDARE: 11. IFOFFER |s acCEPTED 6y ThEGCovERNMENT WATHIN CALENDAROAYS(60CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT ET FORTHINBLOCK8 ABOVE, THECONTRACTOR BR 31. CPRICESFRMFOR THE IT SOLICITED HJ N AND TO ACCEPT ANY RESULTING CONTRACT SUBJECTTo THETERMS anp conpimons staten HEEQ!N 13. CONTRACTOR | EACILIT OFFEROR CODE |______— . cope TELEPHONE NUMBER ._ unNIioUE ENTITY mm mmzjDOENTIFIER |__| CHECKIF REMIiTTANCEis DiFFEerent ANBD PuT such ApprEess m OFFER 15. PROMPT PAYMENT CISCOUNT j ; res 17. noses| scHEpuLe| or onl OuaNntTity nutwewne UNIT PRiCcE ITEM NUMBEER sUuppuessEervices fmmimnsmninemstcnmnnenniens 375.AccoUNTiNcawnod APProPRiATION DATA 24. TOTALAWARDAMOUNT_ (For Governmenrt Use COnily) 25. CONTRACTOR IS REQUIRED TOSicn THIS DOCUMENT ANDRETURN coPIEs To %Qfi ANARD OF CONTRACT: YoOUR SFFERoN soLicifATI0N gas MJKN{B OFFICE, CONTRACTOR M&RE&E TO FURNISH AND DdELIVER ALL ITEMsSs SET _ NUMEER SHOVININ BLOCK4 INCLUDING ANY &Qfl*fi?@fifi ORT fl OTHERVISE |DENTIFIED ABOVEAND ON Abl‘y @QM?INQA’?!@NSHEETS OR fififiw&fifi WHICH ARE SET FORTH HEREIN, 1sS > TELRM% fii‘iflfli @N%QNS SPECIFIED HEREIN: ‘ AS TOITEMS: 28. UNITEDSTATES OF Mfifi!fifi (Signa! es BATE SiGNELD NAME OF CONTRACTING OFFICER DATE SIGNMEL previous EEET@@NN*{“}? Q*&EKE Prescribedby GSA— FAR 48 CFR) 53.714(d)

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67761 ■ 34. Revise section 53.302–307 to read 53.302–307 Optional Form 307, Contract as follows: Award. asabaliauskas on DSK3SPTVN1PROD with RULES ER30SE16.023</GPH> VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4

oOF PAGES 1. CONTRACT NUMBER 2. EFFECTIVE DATE 3. SQOLICITATION NUMBER 4. REQUISITIONIPROJECT NUMEER 5. ISSsUEDEY code | CcoDEe g codEe 8. PAYMENTWILL BE MADE 8¥ LCNTRACTOR 84. UNIQUE ENTITY IDENTIFIER |88. TAXPAYER‘S |DENTIFICATION MUMEER 10. SUEMIT INVOICES (4 copios unless othorwize spocified) TO [CClutems [] iTews [}TEM i |_| OTHER (Speefy 11. TABLE OF conTEmnTsSs DESCRIPTION ix) description 1 cLAaUusEes PaRT it LisT OF d OF ATTACHMENTS PACKAGING AND MARKING PART IV . REpRESENTATIONS AND insTrucfions 12. BRIEF DESCRIPTION 13. TOTAL AMOGUNT OF CONTRACT 14. CONTRACTOR‘S AGREEMENT. Contractoragrees to furnish and deliver the ftemsor perform services tothe extent stated inthis document for 15. AWARD:. TheGovernment hereby accepts your offer onthe the consideration stated. Therights and obligations of the parties tothis solicitation identified in item 3 above as reflected in this award document. contract shall be subject to and governed bythis document and army | Therights and obligationsof the parties to this contract shall be subject to documents attached orincorporated by reference. | and governed bythis document and any documents attached or incorporated byreference. ACONTRACTOR IS REGUIRED To SIigh THIS COCUMENT ANC RETURNFOUR COPIES TOTHEISSUING OFFICE. (Check if applicable) 8 SIGNATURE OF PERSON AUTHORIZEDTCOS1GN A. UNITED STATES OF AMERICA (Signetureof Contracting Officer) ~C. MAME OF SICNER E. NMaME ofFconTRActING oFFIcEnR C. OATE OP Preseribed by GSA — FAR48 CFR) 55.715—1(e)

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67763 [FR Doc. 2016–23198 Filed 9–29–16; 8:45 am] National Defense Authorization Act for include a list of requirements that have BILLING CODE 6820–EP–C Fiscal Year 2013 (Pub. L. 112–239). been added or deleted for the follow-on Eight respondents submitted comments bundled or consolidated procurement. on the FAR proposed rule. The changes will facilitate a more DEPARTMENT OF DEFENSE accurate comparison of savings and II. Discussion and Analysis benefits from the prior procurement. GENERAL SERVICES The Civilian Agency Acquisition ADMINISTRATION Council and the Defense Acquisition • FAR 15.304(c)(3) and (4)—Excludes Regulations Council (the Councils) solicitations that are set aside for small NATIONAL AERONAUTICS AND reviewed the comments in the business from the requirements relating SPACE ADMINISTRATION development of the final rule. A to small business subcontracting-related discussion of the comments and the evaluation factors for solicitations 48 CFR Parts 2, 5, 7, 8, 10, 12, 15, 16, changes made to the rule as a result of involving consolidation. 19, and 52 those comments are provided as B. Analysis of Public Comments [FAC 2005–91; FAR Case 2014–015; Item follows: VI; Docket No. 2014–0015, Sequence No. 1. General A. Summary of Significant Changes 1] a. Support for the Rule This final rule makes the following RIN 9000–AM92 significant changes from the proposed Comment: One respondent expressed rule: general support for the rule and that the Federal Acquisition Regulation; • FAR 2.101—Amends the definition Consolidation and Bundling proposed changes are positive which of ‘‘Small Business Teaming will provide much needed transparency AGENCY: Department of Defense (DoD), Arrangement’’ to note the differences and ensure that unnecessary and General Services Administration (GSA), applicable to DoD because of the DoD unjustified bundling do not become the and National Aeronautics and Space Pilot Mentor-Protégé Program. A similar contracting standard. Administration (NASA). change is made at FAR 52.207–6. • FAR 7.104(d)—Amends the Response: Noted. ACTION: Final rule. conditions under which the small b. Experiences With Consolidation SUMMARY: DoD, GSA, and NASA are business specialist must notify the issuing a final rule to amend the Federal agency Office of Small and Comment: Two respondents Acquisition Regulation (FAR) to Disadvantaged Business Utilization or commented on their experience with implement sections of the Small the Office of Small Business Programs to consolidation and/or bundling; the Business Jobs Act of 2010 and be consistent with 13 CFR adverse impact on small businesses’ regulatory changes made by the Small 125.2(c)(4)(ii). ability to compete in this environment; Business Administration, which provide • FAR 7.105(b)(1)(iv)—The second and expressed, had this rule been in for a Governmentwide policy on sentence no longer mentions effect, their experience very likely could consolidation and bundling. consolidation since SBA’s have been different. implementing rule does not require the DATES: Effective: October 31, 2016. Response: Noted. identification of incumbent contractors FOR FURTHER INFORMATION CONTACT: Ms. and contracts affected by the c. Need for Table of Thresholds Mahruba Uddowla, Procurement consolidation. Analyst, at 703–605–2868, for • FAR 7.107–1(b)—Adds an Comment: One respondent requested clarification of content. For information exception for acquisitions from a that a table of dollar thresholds may be pertaining to status or publication mandatory source to the requirements at useful to clarify the differences between schedules, contact the Regulatory FAR 7.107 for acquisitions involving consolidation and bundling. Secretariat at 202–501–4755. Please cite consolidation, bundling, or substantial FAC 2005–91, FAR Case 2014–015. Response: With regard to the use of a bundling. table to clarify the differing dollar SUPPLEMENTARY INFORMATION: • FAR 7.107–1—The coverage thresholds associated with these terms, formerly at FAR 7.107–1 on necessary I. Background the preferred approach is to provide the and justified bundling for consolidation DoD, GSA, and NASA published a guidance for processing a consolidated and bundling has been separated and proposed rule in the Federal Register at or bundled requirement in the area of moved to 7.107–2 and 7.107–3, due to 80 FR 31561 on June 3, 2015, to revise differences in the statutory and the FAR where the respective subject the FAR to provide for a regulatory requirements. matter is addressed. For example, the Governmentwide policy on • FAR 7.107–2(e)—Provides dollar threshold for triggering the Senior consolidation and bundling. The procedures for consolidation Procurement Executive’s or Chief proposed rule incorporated regulatory corresponding to those for bundling at Acquisition Officer’s determination of changes made by the Small Business FAR 7.107–3(c) (now at 7.107–3(f)), to necessary and justified consolidation is Administration (SBA) in its final rule address the determination that discussed in the area of the FAR, 7.107– which published in the Federal Register consolidation is necessary and justified 2, which addresses consolidation. at 78 FR 61113 on October 2, 2013, when the expected benefits do not meet Similarly, the dollar thresholds for asabaliauskas on DSK3SPTVN1PROD with RULES concerning contract consolidation and the quantifiable dollar thresholds for a substantial bundling and the attendant bundling. substantial benefit but are critical to the requirements for processing these SBA’s final rule implements the agency’s mission success. acquisitions are provided at FAR 7.107– statutory requirements related to • FAR 7.107–5(c)—Removes the 4. The FAR is arranged in this manner bundling and consolidation as set forth phrase ‘‘(even if additional requirements to allow contracting officers to quickly in sections 1312 and 1313 of the Small have been added or some have been turn to the area of the FAR where the Business Jobs Act of 2010 (Pub. L. 111– deleted)’’ and adds a subparagraph (4) requisite guidance needed for their 240), as well as section 1671 of the which requires that the notice to SBA given situation is provided. VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4


Document Created: 2018-02-09 13:34:04
Document Modified: 2018-02-09 13:34:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: October 31, 2016.
ContactMs. Zenaida Delgado, Procurement Analyst, at 202-969-7207 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-91, FAR Case 2015-022.
FR Citation81 FR 67736 
RIN Number9000-AN00
CFR Citation48 CFR 12
48 CFR 19
48 CFR 2
48 CFR 4
48 CFR 52
48 CFR 53
48 CFR 9
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