81_FR_83320 81 FR 83097 - Federal Acquisition Regulation: Removal of Regulations Relating to Telegraphic Communication

81 FR 83097 - Federal Acquisition Regulation: Removal of Regulations Relating to Telegraphic Communication

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range83097-83103
FR Document2016-27684

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to delete the use of ``telegram,'' ``telegraph,'' and related terms. The objective is to delete references to obsolete technologies no longer in use and replace with references to electronic communications. In addition, conforming changes are made regarding expedited notices of termination and change orders.

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Rules and Regulations]
[Pages 83097-83103]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27684]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52, and 53

[FAC 2005-92; FAR Case 2015-035; Item II; Docket No. 2015-0035, 
Sequence No. 1]
RIN 9000-AN23


Federal Acquisition Regulation: Removal of Regulations Relating 
to Telegraphic Communication

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 delete the use of ``telegram,'' 
``telegraph,'' and related terms. The objective is to delete references 
to obsolete technologies no longer in use and replace with references 
to electronic communications. In addition, conforming changes are made 
regarding expedited notices of termination and change orders.

DATES: Effective: December 19, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Camara Francis, Procurement 
Analyst, at 202-550-0935 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAC 2005-92, FAR Case 
2015-035.

[[Page 83098]]


SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published a proposed rule in Federal Register at 
81 FR 36245 on June 6, 2016, soliciting public comments on this rule, 
to amend the FAR to delete the use of the terms ``telegram,'' 
``telegraph,'' ``telegraphic,'' and related terminology and make 
conforming changes to the instructions for expedited notices of 
termination and change orders.
    This rule is consistent with the Office of Federal Procurement 
Policy (OFPP) memorandum dated December 4, 2014, on transforming the 
marketplace, which describes ongoing actions to support the needs of a 
21st century Government.
    Two public comments were received supporting the changes.

II. Discussion and Analysis

    The Councils reviewed the public comments in development of the 
final rule.

A. Summary of Significant Changes

    There were no changes made to the rule as a result of the comments 
received.

B. Analysis of Public Comments

    Comment: Two respondents expressed support for the changes, 
highlighting the benefit of removing outdated terms and modernizing 
technologies and regulations.
    Response: The Government notes the public support for this rule.

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 final rule amends the Federal Acquisition Regulation (FAR) 
to delete the use of ``telegram,'' ``telegraph,'' and related terms. 
These terms are replaced with an option for electronic 
communications. The objective is to delete obsolete technologies no 
longer in use within the context of the FAR requirements. This 
proposed rule is consistent with the Office of Federal Procurement 
Policy (OFPP) memorandum dated December 4, 2014, on transforming the 
marketplace, which describes ongoing actions to support the needs of 
a 21st century Government.
    There were no significant issues raised by the public in 
response to the Initial Regulatory Flexibility Analysis provided in 
the proposed rule.
    The final rule would apply to all entities, both small and other 
than small, performing as contractors or subcontractors on U.S. 
Government contracts. In 2014 there were about 350,000 active 
registrants in the System for Award Management (SAM). DoD, GSA, and 
NASA estimate approximately half of the registrants (175,000) are 
small entities that will receive a contract or subcontract in a 
given year. In 2014 small entities received 1,398,605 or about 9 
percent of all actions in that year per the Federal Procurement Data 
System (FPDS). However, the small entities are not expected to be 
affected by this rule, as the only change provided in this rule is a 
revision of the means of disseminating contract termination 
documents between the Government and contractors. This change only 
affects the Government's responsibility for transmitting termination 
notices.

    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat Division. The Regulatory Secretariat Division 
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 5, 14, 19, 22, 25, 28, 43, 47, 49, 
52, and 53

    Government procurement.

    Dated: November 10, 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 5, 14, 19, 22, 25, 
28, 43, 47, 49, 52, and 53 as follows:

0
1. The authority citation for 48 CFR parts 5, 14, 19, 22, 25, 28, 43, 
47, 49, 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 5--PUBLICIZING CONTRACT ACTIONS


5.504   [Amended]

0
2. Amend section 5.504 by removing from paragraph (d) ``telegrams,''.

PART 14--SEALED BIDDING


14.201-6   [Amended]

0
3. Amend section 14.201-6 by removing and reserving paragraph (g).


14.202-2   [Removed and Reserved]

0
4. Remove and reserve section 14.202-2.

0
5. Amend section 14.208 by revising paragraph (b) to read as follows:


14.208   Amendment of invitation for bids.

* * * * *
    (b) Before amending an invitation for bids, the contracting officer 
shall consider the period of time remaining until bid opening and the 
need to extend this period.
* * * * *


14.301   [Amended]

0
6. Amend section 14.301 by removing paragraph (b) and redesignating 
paragraphs (c) through (e) as paragraphs (b) through (d), respectively.

0
7. Revise section 14.302 to read as follows:


14.302   Bid submission.

    Bids shall be submitted so that they will be received in the office 
designated in the invitation for bids not later than the exact time set 
for opening of bids.

0
8. Amend section 14.303 by revising paragraph (a) to read as follows:


14.303   Modification or withdrawal of bids.

    (a) Bids may be modified or withdrawn by any method authorized by 
the solicitation, if notice is received in the office designated in the 
solicitation not later than the exact time set for opening of bids. If 
the solicitation authorizes facsimile bids, bids may be modified or 
withdrawn via facsimile received at any time before the exact time set 
for receipt of bids, subject to the conditions specified in the 
provision prescribed in 14.201-6(v). Modifications received by 
facsimile shall be sealed in an envelope by a proper official.
    (1) The official shall--
    (i) Write on the envelope--
    (A) The date and time of receipt and by whom; and
    (B) The number of invitation for bids; and
    (ii) Sign the envelope.

[[Page 83099]]

    (2) No information contained in the envelope shall be disclosed 
before the time set for bid opening.
* * * * *


14.407-3   [Amended]

0
9. Amend section 14.407-3 by removing paragraph (g)(4) and 
redesignating paragraph (g)(5) as (g)(4).


14.408-1   [Amended]

0
10. Amend section 14.408-1 by removing from paragraph (d)(2) 
``telegrams or electronic transmissions'' and adding ``electronic 
communications'' in its place.

PART 19--SMALL BUSINESS PROGRAMS


19.302   [Amended]

0
11. Amend section 19.302 by removing from paragraph (d)(1)(ii) 
``telegram,''.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.1003-3   [Amended]

0
12. Amend section 22.1003-3 by removing from paragraph (d) 
``telegraph,''.

PART 25--FOREIGN ACQUISITION


25.401   [Amended]

0
13. Amend section 25.401, in the table, by removing from paragraph 
(b)(2)(iii) ``telegraph services,'', and removing ``47 U.S.C. 153(20)'' 
and adding ``47 U.S.C. 153(24)'' in its place.

PART 28--BONDS AND INSURANCE


28.101-4   [Amended]

0
14. Amend section 28.101-4 by removing paragraph (c)(6) and 
redesignating paragraphs (c)(7) through (9) as paragraphs (c)(6) 
through (8), respectively.

PART 43--CONTRACT MODIFICATIONS

0
15. Amend section 43.201 by revising paragraph (c) to read as follows:


43.201   General.

* * * * *
    (c) The contracting officer may issue a change order by electronic 
means without a SF 30 under unusual or urgent circumstances, provided 
that the message contains substantially the information required by the 
SF 30 and immediate action is taken to issue the SF 30.

PART 47--TRANSPORTATION

0
16. Amend section 47.305-10 by revising paragraph (c) to read as 
follows:


47.305-10   Packing, marking, and consignment instructions.

* * * * *
    (c) If necessary to meet required delivery schedules, the 
contracting officer may issue instructions by telephone or electronic 
means. The contracting officer shall confirm telephonic instructions in 
writing, and confirm electronic instructions if the contracting officer 
did not receive confirmation of receipt.
* * * * *

PART 49--TERMINATION OF CONTRACTS

0
17. Amend section 49.102 by revising the introductory text of paragraph 
(a) to read as follows:


49.102  Notice of termination.

    (a) General. The contracting officer shall terminate contracts for 
convenience or default only by a written notice to the contractor (see 
49.601). The notice of termination may be expedited by means of 
electronic communication capable of providing confirmation of receipt 
by the contractor. When the notice is mailed, it shall be sent by 
certified mail, return receipt requested. When the contracting office 
arranges for hand delivery of the notice, a written acknowledgment 
shall be obtained from the contractor. The notice shall state--
* * * * *

0
18. Amend section 49.601-1 by--
0
a. Revising the section heading;
0
b. Adding introductory text;
0
c. Removing from paragraph (a) ``telegraphic'', ``[insert 
``immediately'''', and ``Telegraph'', and adding ``electronic'', 
``[insert ``immediately, (today's date)'''', and ``Provide by 
electronic means'' in their places, respectively; and
0
d. Removing from paragraph (b) ``telegraphic'', ``[insert 
``immediately'''', and ``Telegraph'', and adding ``electronic'', 
``[insert ``immediately, (today's date)'''', and ``Provide by 
electronic means'' in their places, respectively.
    The revision and addition reads as follows:


49.601-1   Electronic notice.

    The contracting officer may provide expedited notice of termination 
by electronic means that includes a requirement for the contractor to 
confirm receipt. If the contractor does not confirm receipt promptly, 
the contracting officer shall resend the notice electronically, and 
expedite the letter notice described in 49.601-2. If confirmation of 
the electronic notice is received, and the electronic notice includes 
all content in 49.601-2, the contracting officer need not send the 
letter notice described in 49.601-2.
* * * * *

0
19. Amend section 49.601-2 by--
0
 a. Revising the third and fourth sentences of the introductory text;
0
b. Removing from paragraph (a), ``telegram'' and adding ``electronic 
notice'' in its places (two times); and
0
 c. Revising the introductory text of the Alternate notice.
    The revisions read as follows:


49.601-2  Letter notice.

    * * * This notice shall be sent by certified mail, return receipt 
requested, or electronically, provided evidence of receipt is received 
by the contracting officer. If no prior electronic notice was issued, 
or if no confirmation of an electronic notice was received, use the 
alternate notice that follows this notice.
* * * * *
    Alternate notice. Substitute the following paragraph (a) for 
paragraph (a) of 49.601-2, Notice of Termination to Prime Contractors, 
if no prior electronic notice was issued, or if no confirmation of an 
electronic notice was received:
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
 20. Amend section 52.214-3 by revising the date of the provision and 
paragraph (b) to read as follows:


52.214-3   Amendments to Invitations for Bids.

* * * * *

Amendments to Invitations for Bids DEC 2016

* * * * *
    (b)(1) Bidders shall acknowledge receipt of any amendment to 
this solicitation--
    (i) By signing and returning the amendment;
    (ii) By identifying the amendment number and date in space 
provided for this purpose on the form for submitting a bid;
    (iii) By letter;
    (iv) By facsimile, if facsimile bids are authorized in the 
solicitation; or
    (v) By email, if email bids are authorized in the solicitation.
    (2) The Government must receive the acknowledgement by the time 
and at the place specified for receipt of bids.

0
21. Amend section 52.214-5 by--
0
 a. Revising the date of the provision;
0
 b. Removing paragraph (c); and

[[Page 83100]]

0
 c. Redesignating paragraphs (d) and (e), as paragraphs (c) and (d), 
respectively.
    The revision reads as follows:


52.214-5  Submission of Bids.

* * * * *

Submission of Bids Dec 2016

* * * * *


52.214-13  [Removed and Reserved]

0
22. Remove and reserve section 52.214-13.

PART 53--FORMS


53.213  [Amended]

0
23. Amend section 53.213 by removing from paragraph (b) ``(10/83)'' and 
adding ``(11/2016)'' in its place.


53.215-1  [Amended]

0
24. Amend section 53.215-1 by removing from paragraph (b) ``(10/83)'' 
and adding ``(11/2016)'' in its place.


53.243  [Amended]

0
25. Amend section 53.243, introductory text, by removing ``(10/83)'' 
and adding ``(11/2016)'' in its place.

0
26. Revise 53.301-30 to read as follows:


53.301-30  SF 30, Amendment of Solicitation/Modification of Contract.

BILLING CODE 6820-EP-P

[[Page 83101]]

[GRAPHIC] [TIFF OMITTED] TR18NO16.400


[[Page 83102]]


[GRAPHIC] [TIFF OMITTED] TR18NO16.401


[[Page 83103]]


[FR Doc. 2016-27684 Filed 11-17-16; 8:45 am]
BILLING CODE 6820-EP-C



                                                                  Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations                                             83097

                                                 Annual Representations and                              where greenhouse gas emissions and/or                 standard with publicly available and
                                                 Certifications (Dec 2016)                               reduction goals are reported:_____.                   consistently applied criteria, such as the
                                                                                                         *      *     *    *      *                            Greenhouse Gas Protocol Corporate Standard.
                                                 *      *     *       *      *                                                                                    (2) The Offeror (itself or through its
                                                   (c)(1) * * *                                          ■  12. Amend section 52.213–4 by—
                                                                                                                                                               immediate owner or highest-level owner) [ ]
                                                   (xviii) 52.223–22, Public Disclosure of               ■  a. Revising the date of the clause; and            does, [ ] does not publicly disclose a
                                                 Greenhouse Gas Emissions and Reduction                  ■  b. Removing from paragraph (b)(1)(xi)              quantitative greenhouse gas emissions
                                                 Goals—Representation. This provision                    ‘‘FAR 23.804(a))’’ and adding ‘‘FAR                   reduction goal, i.e., make available on a
                                                 applies to solicitations that include the               23.804(a)(1))’’ in its place.                         publicly available Web site a target to reduce
                                                 clause at 52.204–7.)                                       The revision reads as follows:                     absolute emissions or emissions intensity by
                                                 *      *    *      *     *                                                                                    a specific quantity or percentage.
                                                                                                         52.213–4 Terms and Conditions—                           (3) A publicly accessible Web site includes
                                                 ■  11. Amend section 52.212–3 by—                       Simplified Acquisitions (Other Than                   the Offeror’s own Web site or a recognized,
                                                 ■ a. Revising the date of the provision;                Commercial Items).                                    third-party greenhouse gas emissions
                                                 ■ b. Removing from the introductory                     *      *      *      *       *                        reporting program.
                                                 text ‘‘Web site located at https://                                                                              (c) If the Offeror checked ‘‘does’’ in
                                                 www.sam.gov/portal’’ ’’ and adding                      Terms and Conditions—Simplified                       paragraphs (b)(1) or (b)(2) of this provision,
                                                 ‘‘Web site located at https://                          Acquisitions (Other Than Commercial                   respectively, the Offeror shall provide the
                                                                                                         Items). (Dec 2016)                                    publicly accessible Web site(s) where
                                                 www.sam.gov/portal.’’ in its place;                                                                           greenhouse gas emissions and/or reduction
                                                 ■ c. Removing from the introductory                     *      *      *      *       *                        goals are reported:_____.
                                                 text of the clause and paragraph (b)(2)                                                                          (End of provision)
                                                 ‘‘(c) through (s)’’ and adding ‘‘(c)                    52.223–11     [Amended]
                                                                                                         ■ 13. Amend section 52.223–11 by                      [FR Doc. 2016–27686 Filed 11–17–16; 8:45 am]
                                                 through (t)’’ in its place; and
                                                 ■ d. Adding paragraph (t).                              removing from the introductory text ‘‘in              BILLING CODE 6820–EP–P

                                                    The revision and addition reads as                   23.804(a)’’ and adding ‘‘in 23.804(a)(1)’’
                                                 follows:                                                in its place.
                                                                                                                                                               DEPARTMENT OF DEFENSE
                                                                                                         52.223–12     [Amended]
                                                 52.212–3 Offeror Representations and                                                                          GENERAL SERVICES
                                                 Certifications—Commercial Items.                        ■ 14. Amend section 52.223–12 by
                                                                                                         removing from the introductory text ‘‘in              ADMINISTRATION
                                                 *      *     *       *      *
                                                                                                         23.804(b)’’ and adding ‘‘in 23.804(a)(2)’’
                                                 Offeror Representations and                             in its place.                                         NATIONAL AERONAUTICS AND
                                                 Certifications—Commercial Items (Dec                                                                          SPACE ADMINISTRATION
                                                 2016)                                                   52.223–20     [Amended]
                                                                                                         ■ 15. Amend section 52.223–20 by                      48 CFR Parts 5, 14, 19, 22, 25, 28, 43,
                                                 *      *     *       *      *                                                                                 47, 49, 52, and 53
                                                    (t) Public Disclosure of Greenhouse Gas              removing from the introductory text ‘‘in
                                                 Emissions and Reduction Goals. Applies in               23.804(c)’’ and adding ‘‘in 23.804(a)(3)’’            [FAC 2005–92; FAR Case 2015–035; Item
                                                 all solicitations that require offerors to              in its place.                                         II; Docket No. 2015–0035, Sequence No. 1]
                                                 register in SAM (52.212–1(k)).
                                                                                                         52.223–21     [Amended]                               RIN 9000–AN23
                                                    (1) This representation shall be completed
                                                 if the Offeror received $7.5 million or more            ■  16. Amend section 52.223–21 by
                                                                                                                                                               Federal Acquisition Regulation:
                                                 in contract awards in the prior Federal fiscal          removing from the introductory
                                                 year. The representation is optional if the                                                                   Removal of Regulations Relating to
                                                                                                         paragraph ‘‘in 23.804(d)’’ and adding
                                                 Offeror received less than $7.5 million in                                                                    Telegraphic Communication
                                                                                                         ‘‘in 23.804(a)(4)’’ in its place.
                                                 Federal contract awards in the prior Federal            ■ 17. Add section 52.223–22 to read as                AGENCY:  Department of Defense (DoD),
                                                 fiscal year.                                            follows:                                              General Services Administration (GSA),
                                                    (2) Representation. [Offeror to check
                                                 applicable block(s) in paragraph (t)(2)(i) and
                                                                                                                                                               and National Aeronautics and Space
                                                                                                         52.223–22 Public Disclosure of
                                                 (ii)]. (i) The Offeror (itself or through its                                                                 Administration (NASA).
                                                                                                         Greenhouse Gas Emissions and Reduction
                                                 immediate owner or highest-level owner) [ ]             Goals—Representation.                                 ACTION: Final rule.
                                                 does, [ ] does not publicly disclose                      As prescribed in 23.804(b), insert the
                                                 greenhouse gas emissions, i.e., makes                                                                         SUMMARY:   DoD, GSA, and NASA are
                                                 available on a publicly accessible Web site
                                                                                                         following provision:                                  issuing a final rule amending the
                                                 the results of a greenhouse gas inventory,              Public Disclosure of Greenhouse Gas                   Federal Acquisition Regulation (FAR) to
                                                 performed in accordance with an accounting              Emissions and Reduction Goals—                        delete the use of ‘‘telegram,’’
                                                 standard with publicly available and                    Representation (Dec 2016)                             ‘‘telegraph,’’ and related terms. The
                                                 consistently applied criteria, such as the                                                                    objective is to delete references to
                                                 Greenhouse Gas Protocol Corporate Standard.                (a) This representation shall be completed         obsolete technologies no longer in use
                                                    (ii) The Offeror (itself or through its              if the Offeror received $7.5 million or more          and replace with references to electronic
                                                 immediate owner or highest-level owner) [ ]             in Federal contract awards in the prior
                                                 does, [ ] does not publicly disclose a                  Federal fiscal year. The representation is
                                                                                                                                                               communications. In addition,
                                                 quantitative greenhouse gas emissions                   optional if the Offeror received less than $7.5       conforming changes are made regarding
                                                 reduction goal, i.e., make available on a               million in Federal contract awards in the             expedited notices of termination and
                                                 publicly accessible Web site a target to                prior Federal fiscal year.                            change orders.
                                                 reduce absolute emissions or emissions                     (b) Representation. [Offeror is to check           DATES: Effective: December 19, 2016.
                                                 intensity by a specific quantity or percentage.         applicable blocks in paragraphs (b)(1) and            FOR FURTHER INFORMATION CONTACT: Ms.
mstockstill on DSK3G9T082PROD with RULES6




                                                    (iii) A publicly accessible Web site                 (2).]                                                 Camara Francis, Procurement Analyst,
                                                 includes the Offeror’s own Web site or a                   (1) The Offeror (itself or through its
                                                                                                                                                               at 202–550–0935 for clarification of
                                                 recognized, third-party greenhouse gas                  immediate owner or highest-level owner) [ ]
                                                 emissions reporting program.                            does, [ ] does not publicly disclose                  content. For information pertaining to
                                                    (3) If the Offeror checked ‘‘does’’ in               greenhouse gas emissions, i.e., make                  status or publication schedules, contact
                                                 paragraphs (t)(2)(i) or (t)(2)(ii) of this              available on a publicly accessible Web site           the Regulatory Secretariat Division at
                                                 provision, respectively, the Offeror shall              the results of a greenhouse gas inventory,            202–501–4755. Please cite FAC 2005–
                                                 provide the publicly accessible Web site(s)             performed in accordance with an accounting            92, FAR Case 2015–035.


                                            VerDate Sep<11>2014   00:00 Nov 18, 2016   Jkt 241001   PO 00000   Frm 00007   Fmt 4701   Sfmt 4700   E:\FR\FM\18NOR9.SGM   18NOR9


                                                 83098            Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations

                                                 SUPPLEMENTARY INFORMATION:                                 The final rule amends the Federal                  PART 5—PUBLICIZING CONTRACT
                                                                                                         Acquisition Regulation (FAR) to delete the            ACTIONS
                                                 I. Background                                           use of ‘‘telegram,’’ ‘‘telegraph,’’ and related
                                                    DoD, GSA, and NASA published a                       terms. These terms are replaced with an               5.504    [Amended]
                                                 proposed rule in Federal Register at 81                 option for electronic communications. The
                                                                                                         objective is to delete obsolete technologies no       ■ 2. Amend section 5.504 by removing
                                                 FR 36245 on June 6, 2016, soliciting                    longer in use within the context of the FAR           from paragraph (d) ‘‘telegrams,’’.
                                                 public comments on this rule, to amend                  requirements. This proposed rule is
                                                 the FAR to delete the use of the terms                  consistent with the Office of Federal                 PART 14—SEALED BIDDING
                                                 ‘‘telegram,’’ ‘‘telegraph,’’ ‘‘telegraphic,’’           Procurement Policy (OFPP) memorandum
                                                 and related terminology and make                        dated December 4, 2014, on transforming the           14.201–6    [Amended]
                                                 conforming changes to the instructions                  marketplace, which describes ongoing                  ■ 3. Amend section 14.201–6 by
                                                 for expedited notices of termination and                actions to support the needs of a 21st century
                                                                                                         Government.
                                                                                                                                                               removing and reserving paragraph (g).
                                                 change orders.
                                                    This rule is consistent with the Office                 There were no significant issues raised by         14.202–2    [Removed and Reserved]
                                                                                                         the public in response to the Initial
                                                 of Federal Procurement Policy (OFPP)
                                                                                                         Regulatory Flexibility Analysis provided in           ■ 4. Remove and reserve section
                                                 memorandum dated December 4, 2014,                      the proposed rule.                                    14.202–2.
                                                 on transforming the marketplace, which                     The final rule would apply to all entities,
                                                 describes ongoing actions to support the                both small and other than small, performing           ■ 5. Amend section 14.208 by revising
                                                 needs of a 21st century Government.                     as contractors or subcontractors on U.S.              paragraph (b) to read as follows:
                                                    Two public comments were received                    Government contracts. In 2014 there were
                                                                                                                                                               14.208    Amendment of invitation for bids.
                                                 supporting the changes.                                 about 350,000 active registrants in the
                                                                                                         System for Award Management (SAM). DoD,               *     *     *    *     *
                                                 II. Discussion and Analysis                             GSA, and NASA estimate approximately half               (b) Before amending an invitation for
                                                   The Councils reviewed the public                      of the registrants (175,000) are small entities       bids, the contracting officer shall
                                                 comments in development of the final                    that will receive a contract or subcontract in        consider the period of time remaining
                                                                                                         a given year. In 2014 small entities received         until bid opening and the need to
                                                 rule.                                                   1,398,605 or about 9 percent of all actions in
                                                                                                         that year per the Federal Procurement Data
                                                                                                                                                               extend this period.
                                                 A. Summary of Significant Changes
                                                                                                         System (FPDS). However, the small entities            *     *     *    *     *
                                                   There were no changes made to the                     are not expected to be affected by this rule,
                                                 rule as a result of the comments                        as the only change provided in this rule is           14.301    [Amended]
                                                 received.                                               a revision of the means of disseminating              ■ 6. Amend section 14.301 by removing
                                                                                                         contract termination documents between the
                                                 B. Analysis of Public Comments                                                                                paragraph (b) and redesignating
                                                                                                         Government and contractors. This change
                                                                                                         only affects the Government’s responsibility          paragraphs (c) through (e) as paragraphs
                                                   Comment: Two respondents
                                                                                                         for transmitting termination notices.                 (b) through (d), respectively.
                                                 expressed support for the changes,
                                                 highlighting the benefit of removing                                                                          ■ 7. Revise section 14.302 to read as
                                                                                                           Interested parties may obtain a copy
                                                 outdated terms and modernizing                                                                                follows:
                                                                                                         of the FRFA from the Regulatory
                                                 technologies and regulations.                           Secretariat Division. The Regulatory                  14.302    Bid submission.
                                                   Response: The Government notes the                    Secretariat Division has submitted a
                                                 public support for this rule.                                                                                   Bids shall be submitted so that they
                                                                                                         copy of the FRFA to the Chief Counsel
                                                                                                                                                               will be received in the office designated
                                                 III. Executive Orders 12866 and 13563                   for Advocacy of the Small Business
                                                                                                                                                               in the invitation for bids not later than
                                                                                                         Administration.
                                                    Executive Orders (E.O.s) 12866 and                                                                         the exact time set for opening of bids.
                                                 13563 direct agencies to assess all costs               V. Paperwork Reduction Act                            ■ 8. Amend section 14.303 by revising
                                                 and benefits of available regulatory                                                                          paragraph (a) to read as follows:
                                                                                                           The rule does not contain any
                                                 alternatives and, if regulation is
                                                                                                         information collection requirements that              14.303    Modification or withdrawal of bids.
                                                 necessary, to select regulatory
                                                                                                         require the approval of the Office of
                                                 approaches that maximize net benefits                                                                           (a) Bids may be modified or
                                                                                                         Management and Budget under the
                                                 (including potential economic,                                                                                withdrawn by any method authorized
                                                                                                         Paperwork Reduction Act (44 U.S.C.
                                                 environmental, public health and safety                                                                       by the solicitation, if notice is received
                                                                                                         chapter 35).
                                                 effects, distributive impacts, and                                                                            in the office designated in the
                                                 equity). E.O. 13563 emphasizes the                      List of Subjects in 48 CFR Parts 5, 14,               solicitation not later than the exact time
                                                 importance of quantifying both costs                    19, 22, 25, 28, 43, 47, 49, 52, and 53                set for opening of bids. If the solicitation
                                                 and benefits, of reducing costs, of                                                                           authorizes facsimile bids, bids may be
                                                                                                           Government procurement.
                                                 harmonizing rules, and of promoting                                                                           modified or withdrawn via facsimile
                                                 flexibility. This is not a significant                    Dated: November 10, 2016.                           received at any time before the exact
                                                 regulatory action and, therefore, was not               William F. Clark,                                     time set for receipt of bids, subject to the
                                                 subject to review under Section 6(b) of                 Director, Office of Government-wide                   conditions specified in the provision
                                                 E.O. 12866, Regulatory Planning and                     Acquisition Policy, Office of Acquisition             prescribed in 14.201–6(v). Modifications
                                                 Review, dated September 30, 1993. This                  Policy, Office of Government-wide Policy.             received by facsimile shall be sealed in
                                                 rule is not a major rule under 5 U.S.C.                   Therefore, DoD, GSA, and NASA                       an envelope by a proper official.
                                                 804.
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                                                                                                         amend 48 CFR parts 5, 14, 19, 22, 25,                   (1) The official shall—
                                                 IV. Regulatory Flexibility Act                          28, 43, 47, 49, 52, and 53 as follows:                  (i) Write on the envelope—
                                                   DoD, GSA, and NASA have prepared                      ■ 1. The authority citation for 48 CFR                  (A) The date and time of receipt and
                                                 a Final Regulatory Flexibility Analysis                 parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52,          by whom; and
                                                 (FRFA) consistent with the Regulatory                   and 53 continues to read as follows:                    (B) The number of invitation for bids;
                                                 Flexibility Act, 5 U.S.C. 601, et seq. The                Authority: 40 U.S.C. 121(c); 10 U.S.C.              and
                                                 FRFA is summarized as follows:                          chapter 137; and 51 U.S.C. 20113.                       (ii) Sign the envelope.


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                                                                  Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations                                              83099

                                                   (2) No information contained in the                   PART 47—TRANSPORTATION                                not confirm receipt promptly, the
                                                 envelope shall be disclosed before the                                                                        contracting officer shall resend the
                                                 time set for bid opening.                               ■ 16. Amend section 47.305–10 by                      notice electronically, and expedite the
                                                 *     *     *     *    *                                revising paragraph (c) to read as follows:            letter notice described in 49.601–2. If
                                                                                                                                                               confirmation of the electronic notice is
                                                 14.407–3    [Amended]                                   47.305–10 Packing, marking, and
                                                                                                         consignment instructions.                             received, and the electronic notice
                                                 ■ 9. Amend section 14.407–3 by                                                                                includes all content in 49.601–2, the
                                                                                                         *      *     *     *    *                             contracting officer need not send the
                                                 removing paragraph (g)(4) and                              (c) If necessary to meet required
                                                 redesignating paragraph (g)(5) as (g)(4).                                                                     letter notice described in 49.601–2.
                                                                                                         delivery schedules, the contracting
                                                                                                         officer may issue instructions by                     *      *     *     *     *
                                                 14.408–1    [Amended]                                                                                         ■ 19. Amend section 49.601–2 by—
                                                                                                         telephone or electronic means. The
                                                 ■  10. Amend section 14.408–1 by                        contracting officer shall confirm                     ■ a. Revising the third and fourth
                                                 removing from paragraph (d)(2)                          telephonic instructions in writing, and               sentences of the introductory text;
                                                 ‘‘telegrams or electronic transmissions’’               confirm electronic instructions if the                ■ b. Removing from paragraph (a),
                                                 and adding ‘‘electronic                                 contracting officer did not receive                   ‘‘telegram’’ and adding ‘‘electronic
                                                 communications’’ in its place.                          confirmation of receipt.                              notice’’ in its places (two times); and
                                                                                                                                                               ■ c. Revising the introductory text of the
                                                                                                         *      *     *     *    *
                                                 PART 19—SMALL BUSINESS                                                                                        Alternate notice.
                                                 PROGRAMS                                                PART 49—TERMINATION OF                                   The revisions read as follows:
                                                 19.302   [Amended]
                                                                                                         CONTRACTS                                             49.601–2        Letter notice.
                                                                                                         ■ 17. Amend section 49.102 by revising                   * * * This notice shall be sent by
                                                 ■  11. Amend section 19.302 by
                                                                                                         the introductory text of paragraph (a) to             certified mail, return receipt requested,
                                                 removing from paragraph (d)(1)(ii)
                                                                                                         read as follows:                                      or electronically, provided evidence of
                                                 ‘‘telegram,’’.
                                                                                                                                                               receipt is received by the contracting
                                                 PART 22—APPLICATION OF LABOR                            49.102    Notice of termination.                      officer. If no prior electronic notice was
                                                 LAWS TO GOVERNMENT                                         (a) General. The contracting officer               issued, or if no confirmation of an
                                                 ACQUISITIONS                                            shall terminate contracts for                         electronic notice was received, use the
                                                                                                         convenience or default only by a written              alternate notice that follows this notice.
                                                 22.1003–3    [Amended]                                  notice to the contractor (see 49.601).                *     *      *     *     *
                                                 ■  12. Amend section 22.1003–3 by                       The notice of termination may be                         Alternate notice. Substitute the
                                                 removing from paragraph (d)                             expedited by means of electronic                      following paragraph (a) for paragraph (a)
                                                 ‘‘telegraph,’’.                                         communication capable of providing                    of 49.601–2, Notice of Termination to
                                                                                                         confirmation of receipt by the                        Prime Contractors, if no prior electronic
                                                 PART 25—FOREIGN ACQUISITION                             contractor. When the notice is mailed, it             notice was issued, or if no confirmation
                                                                                                         shall be sent by certified mail, return               of an electronic notice was received:
                                                 25.401   [Amended]                                      receipt requested. When the contracting               *     *      *     *     *
                                                 ■ 13. Amend section 25.401, in the                      office arranges for hand delivery of the
                                                 table, by removing from paragraph                       notice, a written acknowledgment shall                PART 52—SOLICITATION PROVISIONS
                                                 (b)(2)(iii) ‘‘telegraph services,’’, and                be obtained from the contractor. The                  AND CONTRACT CLAUSES
                                                 removing ‘‘47 U.S.C. 153(20)’’ and                      notice shall state—
                                                                                                         *      *    *       *      *                          ■ 20. Amend section 52.214–3 by
                                                 adding ‘‘47 U.S.C. 153(24)’’ in its place.
                                                                                                                                                               revising the date of the provision and
                                                                                                         ■ 18. Amend section 49.601–1 by—
                                                 PART 28—BONDS AND INSURANCE                                                                                   paragraph (b) to read as follows:
                                                                                                         ■ a. Revising the section heading;
                                                                                                         ■ b. Adding introductory text;                        52.214–3        Amendments to Invitations for
                                                 28.101–4    [Amended]
                                                                                                         ■ c. Removing from paragraph (a)                      Bids.
                                                 ■ 14. Amend section 28.101–4 by                         ‘‘telegraphic’’, ‘‘[insert ‘‘immediately’’’’,         *        *       *     *     *
                                                 removing paragraph (c)(6) and                           and ‘‘Telegraph’’, and adding
                                                 redesignating paragraphs (c)(7) through                 ‘‘electronic’’, ‘‘[insert ‘‘immediately,              Amendments to Invitations for Bids
                                                 (9) as paragraphs (c)(6) through (8),                   (today’s date)’’’’, and ‘‘Provide by                  DEC 2016
                                                 respectively.                                           electronic means’’ in their places,                   *        *       *     *     *
                                                                                                         respectively; and                                       (b)(1) Bidders shall acknowledge receipt of
                                                 PART 43—CONTRACT                                        ■ d. Removing from paragraph (b)                      any amendment to this solicitation—
                                                 MODIFICATIONS                                           ‘‘telegraphic’’, ‘‘[insert ‘‘immediately’’’’,           (i) By signing and returning the
                                                                                                         and ‘‘Telegraph’’, and adding                         amendment;
                                                 ■ 15. Amend section 43.201 by revising                  ‘‘electronic’’, ‘‘[insert ‘‘immediately,                (ii) By identifying the amendment number
                                                 paragraph (c) to read as follows:                                                                             and date in space provided for this purpose
                                                                                                         (today’s date)’’’’, and ‘‘Provide by                  on the form for submitting a bid;
                                                 43.201   General.
                                                                                                         electronic means’’ in their places,                     (iii) By letter;
                                                                                                         respectively.                                           (iv) By facsimile, if facsimile bids are
                                                 *     *    *    *     *                                    The revision and addition reads as                 authorized in the solicitation; or
                                                   (c) The contracting officer may issue                 follows:                                                (v) By email, if email bids are authorized
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                                                 a change order by electronic means                                                                            in the solicitation.
                                                 without a SF 30 under unusual or                        49.601–1    Electronic notice.                          (2) The Government must receive the
                                                 urgent circumstances, provided that the                   The contracting officer may provide                 acknowledgement by the time and at the
                                                 message contains substantially the                      expedited notice of termination by                    place specified for receipt of bids.
                                                 information required by the SF 30 and                   electronic means that includes a                      ■   21. Amend section 52.214–5 by—
                                                 immediate action is taken to issue the                  requirement for the contractor to                     ■   a. Revising the date of the provision;
                                                 SF 30.                                                  confirm receipt. If the contractor does               ■   b. Removing paragraph (c); and


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                                                 83100            Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations

                                                 ■ c. Redesignating paragraphs (d) and                   PART 53—FORMS                                         53.243    [Amended]
                                                 (e), as paragraphs (c) and (d),
                                                 respectively.                                           53.213    [Amended]                                   ■ 25. Amend section 53.243,
                                                    The revision reads as follows:                                                                             introductory text, by removing ‘‘(10/
                                                                                                         ■ 23. Amend section 53.213 by                         83)’’ and adding ‘‘(11/2016)’’ in its
                                                 52.214–5    Submission of Bids.                         removing from paragraph (b) ‘‘(10/83)’’               place.
                                                 *      *     *       *      *                           and adding ‘‘(11/2016)’’ in its place.
                                                                                                                                                               ■ 26. Revise 53.301–30 to read as
                                                 Submission of Bids Dec 2016                             53.215–1    [Amended]                                 follows:
                                                 *      *     *       *      *
                                                                                                         ■ 24. Amend section 53.215–1 by                       53.301–30 SF 30, Amendment of
                                                 52.214–13    [Removed and Reserved]                     removing from paragraph (b) ‘‘(10/83)’’               Solicitation/Modification of Contract.
                                                 ■ 22. Remove and reserve section                        and adding ‘‘(11/2016)’’ in its place.                BILLING CODE 6820–EP–P

                                                 52.214–13.
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Federal Register/Vol. 81, No. 223 /Friday, November 18, 2016 /Rules and Regulations                                                                                                                                   83101

                                                                                                                                                    1. CONTRACT ID CODE                    PAGE          OF   PAGES
         AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
    2.. AMENCMENTMODIFICATION MUMBER                                 3. EFFECTINE DATE                         4.   REQUSTONPURCHASE REQUIST OM M_MBER                      5. PROJECT NUMBER {f applzable)


    6. ISESUED EY                                       cooE                                                    7. ADMINIETERED BY (f ather than tem 6)                     CODE          ]




    £. NAME AND ADDRESS OF CONTRACTONR (Number, street. county, Sfate and ZIP Code)                                                               (X)    06. AMENDMENT OF SsouicitaTion numMBer


                                                                                                                                                 ——‘ 198. DATED {SEE ITEM11)

                                                                                                                                                        10K. .MODIFICAT ION OF CONTRACTORDER NUMEER


                                                                                                                                                 _ 406. baTED SEeEifEem 13)


    CoODE



     """"""" The above numbered solicitation is amended as zet forth in hem 14. The hour and date specified for receipt of Offers                       | is extanded.         [""""""""l is not extended.

    C                      f      ipt  of thi     f       prig    he hour      and d         scified in         the solictation   o             ded, by one of the following mathods:
    {a) By completing items 8 and 15, and returning                         opias of th                        b) By                    ging receipt ofthi                     h copy of the offer submitted:
    or {c) By separate letter or      t          ica‘t     ich &                   bo t    ictation and                        FAILURE OGF YOUR ACKNOWLEDGMENT TOG BE
    RECENED AT THE PLACE DEBIGMATED FOR THE RECEIPT OPOOFFERS PRIOR TQ THE HOUR AND GATE SPECIFIED MAY RESULT iN REJECTION OF YOUROFFER. If
    by virtue of this amendment you desire to change an offer already submitted such change may be made by leter or electronic communication, provided aach letter or efectrenic
    communicaton makes reference to the <olictation and this amenadment, and is roceived prior to the opening hour and dato specified.
    12. ACCOUNTING AND APPROPRIATION DATA (f required)

                                         13. THISITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTSORDERS.
                                           IT MODIFIES THE CONTRACTIORDER NUMBERAS DESCRIBED IN ITEM 14.
    CHECKONE—       |A. THIS CHANGE ORDER 12 1SSUED PURSUANT TQ:; (Spesify eutborty) THECHANGES SET FORTH IN 1ITEM 14 ARE MADE IN THE CONTRACT ORDER
|                       NUMEERINITEM 104.


          mssn       E.. THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (zuc
         [ E             eppropriation deta, etc.) SET FORTH th ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 431031

                    £.—THIS SUPPLEMENTAL AGREEMENT S ENTERED INTO PURESUANT TO AUTHORITY COF:


                    lt}_ OTHER {Specify fyps af madficalion and authorgy)


                                                                 is required to sign this document and returm                                                     coples to the issuing office.

    14. DESCRIPTION OF AMENCMENTMODRIFICATICN (0)                     [        y LCE socth                L         incluei           feitalk            hjeet




    Except as provided herein, oll terms and conditions ofthe documment referenced in Item 34 or 10A, as heretofore changed, remains unchanged and in full force and effect.
    152. NAME AND TITLE OF SIGNER fType or print)                                                             164. NAME AND TITLE OF CONTRACTING OFFICER (Type—or prin?}




    15B, CONTRACTOR/IQFFEROR                                                 150. DATESIGNED 168. UNITEDESTATES QFAMERICA                                                                      185. DATE SIGNED


                 (Signature ofperson authonzed to sign)                                                                                 (Signature ofContracting Officer)

    Frevious edition unusable                                                                                                                              STANDARD FORM 30 (REVY. 1172018)
                                                                                                                                                           Prescribed hy GSA FAR 1(48 CFR) 53.243


83102   Federal Register/Vol. 81, No. 223 /Friday, November 18, 2016 /Rules and Regulations

                                                                        INSTRUCTIONS (Back Page):
                                             Instructions for items other than those that are self—explanatory, are as follows:

          (a)              Item 1 (Contract ID Code). Insert the contract type                    (2)    Accounting classification
                           identification code that appears in the title block of                        Net decrease                  $
                           the contract being modified.
                                                                                                  NOTE: If there are changes to multiple accounting
          (P)                                                                                     classifications that cannot be placed in block 12,
                                                                                                  insert an asterisk and the words "See continuation
                           (1) For a solicitation amendment, change order,                        sheet".
                               or administrative change, the effectivedate
                               shall be the issue date of the amendment,                    (g)   Item 13. Check the appropriate box to indicate the
                               change order, or administrative change.                            type of modification. Insert in the corresponding
                                                                                                  blank the authority under which the modification is
                           (2)   For a supplemental agreement, the effective
                                                                                                  issued.. Check whether or not contractor must sign
                                 date shall be the date agreed to by the
                                                                                                  this document. (See FAR 43103
                                 contracting parties.

                           (3)   For a modification issued as an initial or                 (A)   Item 14(Description ofAmendment‘Modification).
                                 confirming notice of termination for the
                                 convenience of the Government, the effective                     {1)    Organize amendments or modifications under
                                 date and the modification number of the                                 the appropriate Uniform Contract Format (UCF)
                                 confirming notice shall be the same as the                              section headings from the applicable
                                 effective date and modification nummber of the                          solicitation or contract. The UCF table of
                                 initial notice.                                                         contents, however, shall not be set forth in this
                                                                                                         document.
                           (4) For a modification converting a termination for
                               default to a termination for the convenience of                    (2?)   Indicate the impact of the modification on the
                               the Government:; the effective date shall be the                          overall total contract price by inserting one of
                               same as the effective date of the termination for                         the following entries:
                               default.
                           (5)   For a modification confirming the contracting                           (i) Total contract price increased by $ _________..
                                 officer‘s determination of the amount due in
                                 settlement of a contract termination, the effective
                                 date shall be the same as the effective date of
                                 the initlal decision.
                                                                                                         (i1) Total contract price unchanged.

                                                                                                  (3)    State reason for modification.
                                           &
        @?E}'s,

                  umt


                           e


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                           the issuing office. If applicable, insert the                          (4)    When removing, reinstating, or adding funds,
                           appropriate issuing office code in the code block.                            identify the contract items and accounting
                                                                                                         classifications.
        fi

                  Hemmit




                           modifications to a contract or order, enter the
                           contractor‘s name, address, and code as shown in
                                                                                                  (5)    VWhen the SF 30 is used to reflect a
                                                                                                         determination by the contracting officer of the
                           the original contract or order, unless changed by                             asmount due in settlement of a contract
                           this or a previous modification.                                              terminated for the convenience ofthe
                                                                                                         Government, the entry in Item 14 of the
                           Items9,(AmendmentofSolicitationNumber—                                        modification may be limited to ——
                           Dated),and10,(ModfficationofContract/Order
                                                                                                         ()   A reference to the letter determination: and
                           the.cmrespandmg blanks insert the numberand
                           date of the original solicitation, contract, or order.
                                                                                                         (D A statement of the net amount determined
                                                                                                            to be due in settlement of the contract.
          (f)              item 12 {Accounting and Appropriation Data).
                           VWhen appropriate, indicate the impact of the                          (6)     Include subject matter or short title of
                           modification on each affected accounting                                      solicitation/contract where feasible.
                           classification by inserting one of the following
                           entries:                                                         (i) 16B. The contracting officer‘s signature is not
                                                                                                required on solicitation amendments. The
                           (1) Accounting classific@atOM ...z                                   contracting officer‘s signature is normailly affixed last
                                 Net increase                     S                             on supplemental agreements.
                                                                                                               STANDARC FORM 30 (REV. 11/2018) BACK


                                                                     Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations                                           83103

                                                 [FR Doc. 2016–27684 Filed 11–17–16; 8:45 am]                  (b) * * *                                          would be received from two or more
                                                 BILLING CODE 6820–EP–C                                        (2) * * *                                          WOSB concerns (including EDWOSB
                                                                                                               Earned value management system                     concerns); and
                                                                                                            means a project management tool that                     (3) The conditions in paragraph (c) of
                                                 DEPARTMENT OF DEFENSE                                      effectively integrates the project scope              this section exist.
                                                                                                            of work with cost, schedule and                          (c)(1) The anticipated award price of
                                                 GENERAL SERVICES                                           performance elements for optimum                      the contract, including options, will not
                                                 ADMINISTRATION                                             project planning and control. The                     exceed—
                                                                                                            qualities and operating characteristics of               (i) $6.5 million for a requirement
                                                 NATIONAL AERONAUTICS AND                                   an earned value management system are                 within the NAICS codes for
                                                 SPACE ADMINISTRATION                                       described in Electronic Industries                    manufacturing; or
                                                                                                            Alliance Standard 748 (EIA–748),                         (ii) $4 million for a requirement
                                                 48 CFR Parts 2, 7, 19, 34, 42, and 52                      Earned Value Management Systems.                      within any other NAICS codes.
                                                 [FAC 2005–92; Item III; Docket No. 2016–
                                                                                                            (See OMB Circular A–11, Part 7.)                         (2) The EDWOSB concern or WOSB
                                                 0052; Sequence No. 5]                                      *      *    *     *     *                             concern has been determined to be a
                                                                                                                                                                  responsible contractor with respect to
                                                 Federal Acquisition Regulation;                            PART 7—ACQUISITION PLANNING                           performance.
                                                 Technical Amendments                                       7.105    [Amended]                                       (3) The award can be made at a fair
                                                                                                                                                                  and reasonable price.
                                                 AGENCY:  Department of Defense (DoD),                      ■  3. Amend section 7.105 by removing                    (d) The SBA has the right to appeal
                                                 General Services Administration (GSA),                     from paragraph (b)(11) ‘‘American                     the contracting officer’s decision not to
                                                 and National Aeronautics and Space                         National Standards Institute/Electronics              make a sole source award to either an
                                                 Administration (NASA).                                     Industries Alliance (ANSI/EIA)                        EDWOSB concern or WOSB concern
                                                 ACTION: Final rule.                                        Standard–748, Earned Value                            eligible under the WOSB program.
                                                                                                            Management Systems’’ and adding
                                                 SUMMARY:    This document makes                            ‘‘Electronic Industries Alliance                      PART 34—MAJOR SYSTEM
                                                 amendments to the Federal Acquisition                      Standard 748 (EIA–748)’’ in its place.                ACQUISITION
                                                 Regulation (FAR) in order to make
                                                 editorial changes.                                         PART 19—SMALL BUSINESS                                ■ 5. The authority citation for 48 CFR
                                                 DATES: Effective: November 18, 2016.                       PROGRAMS                                              part 34 is revised to read as follows:
                                                 FOR FURTHER INFORMATION CONTACT: Ms.                       ■ 4. Revise section 19.1506 to read as                  Authority: 40 U.S.C. 121(c); 10 U.S.C.
                                                 Hada Flowers, Regulatory Secretariat                                                                             chapter 137; and 51 U.S.C. 20113.
                                                                                                            follows:
                                                 Division (MVCB), 1800 F Street NW.,
                                                 2nd Floor, Washington, DC 20405, 202–                      19.1506 Women-Owned Small Business                    Subpart 34.0      [Amended]
                                                 501–4755. Please cite FAC 2005–92,                         Program sole source awards.
                                                                                                               (a) A contracting officer shall consider           ■ 6. Remove the heading of subpart
                                                 Technical Amendments.
                                                                                                            a contract award to an EDWOSB                         34.0.
                                                 SUPPLEMENTARY INFORMATION: In order to
                                                 update certain elements in 48 CFR parts                    concern on a sole source basis (see                   34.005–2    [Amended]
                                                 2, 7, 19, 34, 42, and 52 this document                     6.302–5(b)(7)) before considering small
                                                                                                            business set-asides (see 19.203 and                   ■  7. Amend section 34.005–2 by
                                                 makes editorial changes to the FAR.                                                                              removing from paragraph (b)(6) ‘‘ANSI/
                                                                                                            subpart 19.5) provided none of the
                                                 List of Subjects in 48 CFR Parts 2, 7, 19,                 exclusions at 19.1504 apply and—                      EIA Standard—748’’ and adding
                                                 34, 42, and 52                                                (1) The acquisition is assigned a                  ‘‘Electronic Industries Alliance
                                                                                                            NAICS code in which SBA has                           Standard 748 (EIA–748)’’ in its place.
                                                     Government procurement.
                                                                                                            determined that WOSB concerns are                     34.201    [Amended]
                                                   Dated: November 10, 2016.
                                                                                                            underrepresented in Federal
                                                 William F. Clark,                                          procurement;                                          ■  8. Amend section 34.201 by removing
                                                 Director, Office of Government-wide                           (2) The contracting officer does not               from paragraph (b) ‘‘American National
                                                 Acquisition Policy, Office of Acquisition                  have a reasonable expectation that offers             Standards Institute/Electronics
                                                 Policy, Office of Government-wide Policy.                  would be received from two or more                    Industries Alliance (ANSI/EIA)
                                                   Therefore, DoD, GSA, and NASA                            EDWOSB concerns; and                                  Standard—748, Earned Value
                                                 amend 48 CFR parts 2, 7, 19, 34, 42, and                      (3) The conditions in paragraph (c) of             Management Systems’’ and adding
                                                 52 as set forth below:                                     this section exist.                                   ‘‘Electronic Industries Alliance
                                                 ■ 1. The authority citation for 48 CFR                        (b) A contracting officer shall consider           Standard 748 (EIA–748)’’ in its place.
                                                 parts 2, 7, and 19 continues to read as                    a contract award to a WOSB concern
                                                                                                                                                                  34.203    [Amended]
                                                 follow:                                                    (including EDWOSB concerns) eligible
                                                                                                            under the WOSB Program on a sole                      ■ 9. Amend section 34.203 by—
                                                   Authority: 40 U.S.C. 121(c); 10 U.S.C.                                                                         ■ a. Removing from paragraph (a)
                                                                                                            source basis (see 6.302–5(b)(7)) before
                                                 chapter 137; and 51 U.S.C. 20113.                                                                                ‘‘Notice of Earned Value Management
                                                                                                            considering small business set-asides
                                                 PART 2—DEFINITIONS OF WORDS                                (see 19.203 and subpart 19.5) provided                System—Pre-Award IBR’’ and adding
                                                 AND TERMS                                                  none of the exclusions at 19.1504 apply               ‘‘Notice of Earned Value Management
                                                                                                            and—                                                  System—Preaward Integrated Baseline
mstockstill on DSK3G9T082PROD with RULES6




                                                 ■ 2. Amend section 2.101, in paragraph                        (1) The acquisition is assigned a                  Review’’ in its place; and
                                                 (b)(2) by revising the definition ‘‘Earned                 NAICS code in which SBA has                           ■ b. Removing from paragraph (b)
                                                 value management system’’ to read as                       determined that WOSB concerns are                     ‘‘Notice of Earned Value Management
                                                 follows:                                                   substantially underrepresented in                     System—Post-Award IBR’’ and adding
                                                                                                            Federal procurement;                                  ‘‘Notice of Earned Value Management
                                                 2.101       Definitions.                                      (2) The contracting officer does not               System—Postaward Integrated Baseline
                                                 *       *       *       *      *                           have a reasonable expectation that offers             Review’’ in its place.


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Document Created: 2018-02-14 08:31:19
Document Modified: 2018-02-14 08:31:19
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: December 19, 2016.
ContactMs. Camara Francis, Procurement Analyst, at 202-550-0935 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-92, FAR Case 2015-035.
FR Citation81 FR 83097 
RIN Number9000-AN23
CFR Citation48 CFR 14
48 CFR 19
48 CFR 22
48 CFR 25
48 CFR 28
48 CFR 43
48 CFR 47
48 CFR 49
48 CFR 52
48 CFR 53
48 CFR 5

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