Copies of the FAR in CFR form may be purchased from the Bookstore of the Government Publishing Office (GPO), Washington, DC 20402.
3. Amend section 1.201-1 by—
a. Revising paragraph (b); and
b. Removing from paragraph (c) “the Defense Contract Management Agency, and the National Aeronautics and Space Administration” and adding “and the Defense Contract Management Agency” in its place.
(b) The chairperson of the CAA Council shall be the representative of the Administrator of General Services. The other members of this council shall be one each representative from the—
(1) Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice, Labor, State, Transportation, and Treasury; and
(2) Environmental Protection Agency, National Aeronautics and Space Administration, Social Security Administration, Small Business Administration, and U.S. Agency for International Development.
(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and
(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.
(2) Does not include computer databases or computer software documentation.
Value engineering change proposal
(VECP)—(1) Means a proposal that—
(i) Requires a change to the instant contract to implement; and
(ii) Results in reducing the overall projected cost to the agency without impairing essential functions or characteristics, provided, that it does not involve a change—
(A) In deliverable end item quantities only;
(B) In research and development (R&D) items or R&D test quantities that are due solely to results of previous testing under the instant contract; or
(C) To the contract type only.
* * * * *
PART 3—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
(b) Contracting personnel are an important potential source of investigative leads for antitrust enforcement and should therefore be sensitive to indications of unlawful behavior by offerors and contractors. Agency personnel shall report, in accordance with agency regulations, evidence of suspected antitrust violations in acquisitions for possible referral to—
(1) The Attorney General under 3.303; and
(2) The agency office responsible for contractor debarment and suspension under subpart 9.4.
8. Amend section 3.303 by removing from paragraph (b), in the third sentence, “Paragraph (c) below” and adding “Paragraph (c) of this section” in its place.
9. Amend section 3.405 by removing from paragraph (b) introductory text “paragraph (a) above” and adding “paragraph (a) of this section” in its place.
10. Amend section 3.501-2 by revising paragraph (a) and removing from paragraph (c) “under “Formats for Submission of Line Item Summaries)” and adding “under “Formats for Submission of Line Item Summaries”)” in its place.
(a) Buying-in may decrease competition or result in poor contract performance. The contracting officer must take appropriate action to ensure buying-in losses are not recovered by the contractor through the pricing of—
(1) Change orders; or
(2) Follow-on contracts subject to cost analysis.
* * * * *
11. Amend section 3.502-1 by removing from the defined term “Subcontract” “service” and adding “services” in its place and revising the definition of “Subcontractor” to read as follows:
Subcontractor
—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and
(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor.
* * * * *
12. Amend section 3.502-2 by—
a. Removing from paragraph (b) “subsection” and adding “section” in its place;
b. Revising paragraph (d)(2);
c. Removing from paragraph (d)(3) “subsection” and adding “section” in its place; and
d. Removing from paragraphs (e) and (f) “under subparagraph (d)(2) of this subsection” and adding “under paragraph (d)(2) of this section” in its place.
(2) The contracting officer may direct a prime contractor to withhold from any sums owed to a subcontractor under a subcontract of the prime contract the amount of any kickback which was or may be offset against the prime contractor under paragraph (d)(1) of this section; and
* * * * *
Subpart 3.8—[Amended]
13. Amend the heading for subpart 3.8 by removing “To” and adding “to” in its place.
14. Amend section 3.901 by removing from the defined term “Inspector General”, “DOD Inspector General” and adding “DoD Inspector General” in its place.
15. Revise the heading of section 3.907-7 to read as follows:
17. Amend section 4.102 by removing from paragraph (d) “paragraphs (a) through (c) above” and adding “paragraphs (a) through (c) of this section” in its place and removing from paragraph (e) “paragraphs (a) through (d) above” and adding “paragraphs (a) through (d) of this section” in its place.
18. Amend section 4.201 by revising paragraph (e) to read as follows:
(e) Provide one copy of each contract or modification that requires audit service to the appropriate field audit office listed in the “Directory of Federal Contract Audit Offices” (see 42.103); and
a. Removing from paragraph (b) introductory text “requirements of these Executive Orders” and “DOD” and adding “requirements of these Executive orders” and “DoD” in their places, respectively; and
b. Removing from paragraphs (b)(1) and (2) “DOD” and adding “DoD” in their places, respectively.
21. Amend section 4.403 by revising paragraph (b)(2) to read as follows:
(i) An appropriate Security Requirements clause in the solicitation (see 4.404); and
(ii) As appropriate, in solicitations and contracts when the contract may require access to classified information, a requirement for security safeguards in addition to those provided in the clause (52.204-2, Security Requirements).
24. Amend section 4.607 by removing from paragraph (b) “Unique Entity Identifier Number” and adding “Unique Entity Identifier” in its place.
25. Amend section 4.703 by revising paragraph (a) and removing from paragraph (b)(3) “specified in subparagraph” and adding “specified in paragraph” in its place to read as follows:
(a) Except as stated in 4.703(b), contractors shall make available records, which includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form, and other supporting evidence to satisfy contract negotiation, administration, and audit requirements of the contracting agencies and the Comptroller General for—
(1) 3 years after final payment; or
(2) For certain records, the period specified in 4.705 through 4.705-3, whichever of these periods expires first.
* * * * *
26. Amend section 4.801 by revising paragraph (c)(3) to read as follows:
(iii) Documents supporting modifications executed by the contracting office.
* * * * *
28. Amend section 4.804-1 by removing from paragraph (a) introductory text “paragraph (c) below” and adding “paragraph (c) of this section” in its place and revising paragraph (c) to read as follows:
29. Amend section 4.804-4 by removing from paragraph (a) introductory text “paragraph (b) below” and adding “paragraph (b) of this section” in its place.
30. Amend section 4.804-5 by removing from paragraph (b) introductory text “paragraph (a) above” and adding “paragraph (a) of this section” in its place.
31. Amend section 4.805 by removing from paragraph (a) “Part 4” and adding in its place “this part” and in Table 4-1, under the Record column, by adding a period to the end of paragraphs (c)(1) through (8).
32. Amend section 4.1005-2 by removing from paragraph (a)(1) “issuance: Accounting classification” and adding “issuance: accounting classification” in its place.
35. Amend section 4.1801 by removing from the defined term “Immediate owner” “the following: Ownership” and adding “the following: ownership” in its place.
(i) The estimate is based on the best information available;
(ii) The information is subject to modification and is in no way binding on the Government; and
(iii) More specific information relating to any individual item or class of items will not be furnished until the proposed action is synopsized through the GPE or the solicitation is issued;
* * * * *
38. Amend section 5.501 by revising the defined term “Publication” to read as follows:
(c)
Use of noncommission-paying media.
Some media do not grant advertising agencies a commission or discount, meaning the Government can obtain the same rate as the advertising agency. If the advertising agency agrees to place advertisements in noncommission-paying media as a no-cost service, the basic ordering agreement shall so provide. If the advertising agency will not agree to place advertisements at no cost, the agreement shall—
(1) Provide that the Government may place orders directly with the media; or
(2) Specify an amount that the Government will pay if the agency places the orders.
40. Amend section 5.601 by removing from paragraphs (b)(1) and (2) “that website” and adding “that website” in their places, respectively.
41. Amend section 5.705 by—
a. In paragraph (b)(1), adding a period after “fixed-price” and removing “Required” and adding “required” in its place;
b. In paragraphs (b)(2) and (3), adding a period after “Required”;
c. In paragraph (b)(4), adding a period after “IDIQ contract” and removing “(2) or (3)” and adding “paragraph (b)(2) or (3) of this section” in its place;
( printed page 19842)
d. In paragraph (b)(5), adding a period after “IDIQ contract” and removing “( e.g.)” and adding “(e.g.)” in its place;
e. In paragraph (b)(6), adding a period after “issued” and removing “(2) or (3) above” and “(4) or (5) above” and adding “paragraph (b)(2) or (3) of this section” and “paragraph (b)(4) or (5) of this section” in their places, respectively; and
f. In paragraph (b)(7):
i. Removing “ e.g.”
and adding “e.g.” in its place, wherever it appears;
ii. Adding a period after “program)”; and
iii. Removing “non-competitive” and adding “noncompetitive” in its place.
42. Amend section 6.001 by removing from paragraph (a) “source acquisition of commercial” and adding “source acquisitions of commercial” in its place.
43. Amend section 6.102 by revising paragraph (b) and removing from paragraph (d)(2)(ii) “peer of scientific” and adding “peer or scientific” in its place to read as follows:
(b)
Competitive proposals.
(See 6.401(b).) If sealed bids are not appropriate under paragraph (a) of this section, contracting officers shall request competitive proposals or use the other competitive procedures under paragraph (c) or (d) of this section.
44. Amend section 6.202 by removing from paragraph (b)(1) “authority of paragraph (a) above” and adding “authority of paragraph (a) of this section” in its place and removing from paragraph (b)(3) “the authority in (a)(1) above” and adding “the authority in paragraph (a)(1) of this section” in its place.
45. Amend section 6.301 by—
a. Removing from paragraph (a), in the second sentence, “National Aeronautics and Space Administration are subject to 41 U.S.C. 3304” and adding “National Aeronautics and Space Administration are subject to 10 U.S.C. 2304(c)” in its place; and
(c) Contracting without providing for full and open competition shall not be justified on the basis of—
(1) A lack of advance planning by the requiring activity; or
(2) Concerns related to the amount of funds available (
e.g.,
funds will expire) to the agency or activity for the acquisition of supplies or services.
* * * * *
46. Amend section 6.302-1 by—
a. Revising paragraphs (a)(2)(ii) and (iii);
b. Removing from paragraph (b) introductory text “consitute” and adding “constitute” in its place; and
Only one responsible source and no other supplies or services will satisfy agency requirements.
(a) * * *
(2) * * *
(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in—
(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or
(iii) For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in—
(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or
(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304(d)(1)(B).)
(b) * * *
(1) When there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by—
(i) Unique supplies or services available from only one source or only one supplier with unique capabilities; or
(ii) For DoD, NASA, and the Coast Guard, unique supplies or services available from only one or a limited number of sources or from only one or a limited number of suppliers with unique capabilities.
* * * * *
47. Amend section 6.302-2 by—
a. Revising paragraph (b);
b. Removing from paragraphs (d)(2)(i) and (ii) “(d)(1)(ii)” and adding “paragraph (d)(1)(ii)” in its place; and
c. Removing from paragraph (d)(3) “(d)(1) and (d)(2)” and adding “(d)(1) and (2)” in its place.
(2) Full and open competition need not be provided for when—
(i) A statute expressly authorizes or requires that the acquisition be made
( printed page 19843)
through another agency or from a specified source; or
(ii) The agency's need is for a brand name commercial item for authorized resale.
50. Amend section 6.303-1 by removing from paragraph (d) “required by paragraph (a) above” and adding “required by paragraph (a) of this section” in its place.
52. Amend section 6.304 by removing from paragraph (a)(2) “(a)(3) or (a)(4)” and adding “(a)(3) or (4)” in its place and removing from paragraph (a)(4) “Acquisition, Technology, and Logistics” and adding “Acquisition and Sustainment” in its place.
a. Removing from the introductory text “Parts” and adding “parts” in its place and removing “Subparts” and “Subpart” and adding “subparts” and “subpart” in their places, respectively; and
b. Removing from paragraph (b)(1) “under paragraph (a) above” and adding “under paragraph (a) of this section” in its place.
55. Amend section 7.102 by removing from paragraph (a)(1) “ 41 U.S.C. 3307;” and adding “41 U.S.C. 3307);” in its place and removing from paragraph (a)(2) “Part” and adding “part” in its place.
c. Removing from the end of paragraph (b) “; and” and adding a period in its place;
d. Removing from the end of paragraphs (h), (i), and (k) the semicolon and adding a period in its place; and
e. Removing from the end of paragraph (l) “; and” and adding a period in its place.
57. Amend section 7.105 by—
a. Removing from the introductory text “(see paragraph (b)(21) below)” and “paragraphs (a) and (b) below” and adding “(see paragraph (b)(21) of this section)” and “paragraphs (a) and (b) of this section” in their places, respectively;
b. Revising paragraph (a)(2);
c. Removing from paragraphs (b)(4) introductory text, (b)(10), (b)(14)(i), and (b)(20)(v) “Subpart” and adding “subpart” in their places, respectively; and
d. Removing from paragraph (b)(21) in the list “Evaluations of proposals,” and adding “Evaluation of proposals,” in its place.
58. Amend section 7.106 by removing from paragraph (c) “paragraphs (a) and (b) above” wherever it appears and adding “paragraphs (a) and (b) of this section” in its place.
59. Amend section 7.107-5 by removing from paragraph (b)(1) “publish on its website” and adding “publish on its website” in its place and removing from paragraph (d) “on their agency website” and adding “on their agency website” in its place.
(1) Will result in the total cost and unit cost most advantageous to the Government, where practicable; and
(2) Does not exceed the quantity reasonably expected to be required by the agency.
(b) Each solicitation for a contract for supplies is required, if practicable, to include a provision inviting each offeror responding to the solicitation—
(1) To state an opinion on whether the quantity of the supplies proposed to be acquired is economically advantageous to the Government; and
(2) If applicable, to recommend a quantity or quantities which would be more economically advantageous to the Government. Each such recommendation is required to include a quotation of the total price and the unit price for supplies procured in each recommended quantity.
Contracting officers shall insert the provision at 52.207-4, Economic Purchase Quantity—Supplies, in solicitations for supplies. The provision need not be inserted if the solicitation is for a contract under the General Services Administration's multiple award schedule contract program, or if the contracting officer determines that—
(a) The Government already has the data;
(b) The data is otherwise readily available; or
(c) It is impracticable for the Government to vary its future requirements.
62. Amend section 7.503 by—
a. Removing from paragraph (c)(14) “conduct of Administrative” and adding “conduct of administrative” in its place;
b. Revising paragraph (c)(17) introductory text; and
c. Removing from paragraph (d)(3) “relate to analysis” and adding “relate to analyses” in its place.
(17) The collection, control, and disbursement of fees, royalties, duties, fines, taxes, and other public funds, unless authorized by statute, such as 31 U.S.C. 3718 (relating to private collection contractors and private attorney collection services), but not including—
63. Amend section 8.005 by removing “Purchase from” and “must” and
( printed page 19844)
adding “Purchase From” and “shall” in their places, respectively.
a. Removing from the introductory text “paragraphs” and adding “paragraph” in its place;
b. Removing from paragraph (b)(3)(i)(C) “(b)(2)(i)” and “subsection” and adding “(b)(2)(i) of this section” and “section” in their places, respectively;
c. Removing from paragraph (b)(4) “subsection” and adding “section” in its place;
d. Removing from paragraph (d)(2) “(d)(3) or (d)(4)” and adding “(d)(3) or (4)” in its place;
e. Adding at the end of paragraph (d)(3)(ii)(A) “or”; and
f. Removing from paragraph (d)(4) “Acquisition, Technology, and Logistics” and adding “Acquisition and Sustainment” in its place.
66. Amend section 8.701 by removing from the defined term “Committee” “Purchase from” and adding “Purchase From” in its place and removing from the defined term “Ordering office”, “under the JWOD Program” and adding “under the AbilityOne Program” in its place.
67. Amend section 8.703 by revising the heading to read as follows:
68. Amend section 8.705-2 by removing from the first sentence of the paragraph “directly to a AbilityOne” and adding “directly to an AbilityOne” in its place.
70. Amend section 8.802 by removing from paragraph (a) introductory text “Government Printing Office (GPO)” and adding “Government Publishing Office (GPO)” in its place.
71. Amend section 8.1101 by revising the defined term “Motor vehicle” to read as follows:
72. Amend section 8.1104 by removing from paragraph (d) “(see subpart B of 41 CFR 102-34)” and adding “(see subpart B of 41 CFR part 102-34)” in its place.
PART 9—CONTRACTOR QUALIFICATIONS
73. Amend section 9.102 by revising paragraph (b) to read as follows:
75. Amend section 9.104-7 by removing from paragraph (c)(2) “the provision 52.209-7” and adding “the provision at 52.209-7” in its place and removing from paragraph (e) “the following agencies: The” and adding “the following agencies: the” in its place.
76. Amend section 9.105-1 by revising paragraph (b)(1) to read as follows:
(b)(1) Generally, the contracting officer shall obtain information regarding the responsibility of prospective contractors, including requesting preaward surveys when necessary (see 9.106), promptly after a bid opening or receipt of offers. However, in negotiated contracting, especially when research and development is involved, the contracting officer may obtain this information before issuing the request for proposals. Requests for information shall ordinarily be limited to information concerning—
a. Removing from paragraph (a)(2)(i) “qualified;” and adding “qualified; and” in its place;
b. Removing from paragraph (a)(3) “If the services in (a)(2)(ii) above” and adding “If the services in paragraph (a)(2)(ii) of this section” in its place;
c. Removing from paragraph (b), “requirements of 9.202(a)(1)(ii) through (4) above” and “9.202(a)(1)” and adding “requirements of paragraphs (a)(1)(ii) through (a)(4) of this section” and “paragraph (a)(1) of this section” in their place, respectively;
d. Removing from paragraphs (c)(1) and (2) “DOD” wherever it appears and adding “DoD” in its place;
e. Removing from paragraph (e) “9.202(a)” and adding “paragraph (a) of this section” in its place; and
f. Removing from paragraph (f) “DOD”, “9.202(a)”, and “9.202(b)” wherever they appear and adding “DoD”, “paragraph (a) of this section”, and “paragraph (b) of this section” in their place, respectively.
79. Amend section 9.204 by removing from paragraph (d) “(see 9.202(a)(2)(i) above)” and adding “(see 9.202(a)(2)(i))” in its place.
80. Amend section 9.305 by removing the last sentence and adding in its place “Costs incurred based on this authorization are allocable to the contract for—” and adding paragraphs (a) and (b) to read as follows:
(a)(1) The contracting officer shall insert the clause at 52.209-3, First Article Approval—Contractor Testing, in solicitations and contracts when a fixed-price contract is contemplated and it is intended that the contract require—
(i) First article approval; and
(ii) That the contractor be required to conduct the first article testing.
* * * * *
(b)(1) The contracting officer shall insert a clause substantially the same as the clause at 52.209-3, First Article Approval—Contractor Testing, in solicitations and contracts when a cost-reimbursement contract is contemplated and it is intended that the contract require—
(i) First article approval; and
(ii) That the contractor be required to conduct the first article test.
Affiliates.
(1) Business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly—
(i) Either one controls or has the power to control the other; or
(ii) A third party controls or has the power to control both.
(2) Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the debarment, suspension, or proposed debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred, suspended, or proposed for debarment.
* * * * *
Debarring official
means—
(1) An agency head; or
(2) A designee authorized by the agency head to impose debarment.
* * * * *
Suspending official
means—
(1) An agency head; or
(2) A designee authorized by the agency head to impose suspension.
* * * * *
85. Amend section 9.406-1 by revising paragraph (b) to read as follows:
(b) Debarment constitutes debarment of all divisions or other organizational elements of the contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements, or commodities. The debarring official may extend the debarment decision to include any affiliates of the contractor if they are—
(1) Specifically named; and
(2) Given written notice of the proposed debarment and an opportunity to respond (see 9.406-3(c)).
* * * * *
86. Amend section 9.406-2 by revising paragraph (a)(1) to read as follows:
(c) Suspension constitutes suspension of all divisions or other organizational elements of the contractor, unless the suspension decision is limited by its terms to specific divisions, organizational elements, or commodities. The suspending official may extend the suspension decision to include any affiliates of the contractor if they are—
(1) Specifically named; and
(2) Given written notice of the suspension and an opportunity to respond (see 9.407-3(c)).
* * * * *
90. Amend section 9.407-2 by—
a. Revising paragraph (a)(1);
b. Removing from paragraph (a)(3) “property; or” and adding “property;” in its place;
c. Removing from paragraph (a)(7) “delinquent; or” and adding “delinquent;” in its place; and
d. Removing from paragraph (b) “paragraph (a) above” and adding “paragraph (a) of this section” in its place.
Providing systems engineering and technical direction.
(a) A contractor that provides systems engineering and technical direction for a system but does not have overall contractual responsibility for its development, its integration, assembly, and checkout, or its production shall not—
(1) Be awarded a contract to supply the system or any of its major components; or
(2) Be a subcontractor or consultant to a supplier of the system or any of its major components.
a. Removing from paragraph (a)(1) “This rule” and adding “The restriction in this paragraph (a)(1)” in its place;
b. Removing from paragraph (b)(2) “unless excepted in subparagraph (1) above” and adding “unless excepted in paragraph (b)(1) of this section” in its place; and
c. Removing from paragraph (b)(3) “9.505-2(a)(3)” and adding “paragraph (a)(3) of this section” in its place.
95. Amend section 9.505-4 by revising paragraph (a) to read as follows:
(a) When a contractor requires proprietary information from others to perform a Government contract and can use the leverage of the contract to obtain it, the contractor may gain an unfair competitive advantage unless restrictions are imposed. These restrictions protect the information and encourage companies to provide it when necessary for contract performance. They are not intended to protect information—
(1) Furnished voluntarily without limitations on its use; or
(2) Available to the Government or contractor from other sources without restriction.
(h) Company A is selected to study the use of lasers in communications. The agency intends to ask that firms doing research in the field make proprietary information available to Company A. The contract must require Company A to—
(1) Enter into agreements with these firms to protect any proprietary information they provide; and
(2) Refrain from using the information in supplying lasers to the Government or for any purpose other than that for which it was intended.
* * * * *
99. Amend section 9.602 by revising paragraph (a) to read as follows:
100. Amend section 11.102 by removing “11.201(d)(3)” and adding “(3)” in its place and removing “Government Printing Office (GPO)” and adding “Government Publishing Office (GPO)” in its place.
101. Amend section 11.201 by adding at the end of paragraph (c) introductory text a dash and removing from paragraph (d)(4) “Government Printing Office” and adding “Government Publishing Office” in its place.
102. Amend section 11.604 by revising the section heading to read as follows:
a. Adding at the end of paragraph (a) heading a period;
b. Removing from paragraphs (a)(3) and (a)(9)(i) “Subpart” and adding “subpart” in its place;
c. Adding at the end of paragraph (b)(1)(v)(A)( 5)(
i) “or”;
d. Removing from paragraph (b)(2)(ii) introductory text “paragraphs” and adding “paragraph” in its place;
e. Removing from paragraph (b)(2)(ii)(B)( 10) “(b)(2)(i)(A)” and adding “paragraphs (b)(2)(i)(A)” in its place;
f. Removing from paragraph (b)(2)(ii)(C)( 4) “Acquisition, Technology, and Logistics” and adding “Acquisition and Sustainment” in its place;
g. Removing from paragraph (b)(2)(ii)(D)( 1)(
ii) “(b)(2)(ii)(B)” and adding “paragraph (b)(2)(ii)(B)” in its place;
h. Removing from paragraph (b)(2)(ii)(D)( 3) “subsection” and adding “section” in its place;
i. Removing from paragraph (b)(2)(ii)(D)( 4) “paragraphs (
1) and (
3)” and adding “paragraphs (b)(2)(ii)(D)(
1) and (
3) of this section” in its place;
j. Adding at the end of paragraph (b)(2)(ii)(D)( 5)(
ii) “of this section”;
k. Removing from paragraph (b)(7)(ii) “(b)(2)” and adding “(b)(2) of this section” in its place; and
l. Removing from paragraph (c)(1) introductory text “(c)(3)” and adding “(3) of this section” in its place.
PART 17—SPECIAL CONTRACTING METHODS
104. Amend section 17.703 by—
a. Revising paragraph (c); and
b. Removing from paragraph (e) “”Waiver”” and “Acquisition, Technology, and Logistics” and adding “Waiver” and “Acquisition and Sustainment” in their places, respectively.
(c) Within 30 days of the beginning of each fiscal year, submit nondefense agency certifications of compliance to the Principal Director, Defense Pricing and Contracting at: Department of Defense, Office of the Under Secretary of Defense (Acquisition and Sustainment), Defense Pricing and Contracting, Contract Policy, Room 3B938, 3060 Defense Pentagon, Washington DC 20301-3060.
a. Removing from paragraph (b) introductory text “subparagraphs (a)(1) and (2) above” and adding “paragraphs (a)(1) and (2) of this section” in its place; and
* * * Class deviations for the Department of Defense require advance approval of the Principal Director, Defense Pricing and Contracting, Office of the Under Secretary of Defense for Acquisition and Sustainment.
a. Removing from paragraph (a)(2) introductory text “(a)(2) (i) through (iii) of this paragraph” and adding “paragraphs (a)(2)(i) through (iii) of this section” in its place;
b. Removing from paragraphs (a)(2)(i) and (ii) “Government Printing Office” and adding “Government Publishing Office” in their places, respectively;
c. Removing from paragraph (a)(2)(iii) “(a)(2) (i) and (ii) of this paragraph” and “Government Printing Office” and adding “paragraphs (a)(2)(i) and (ii) of this section” and “Government Publishing Office” in their places, respectively;
d. Removing from paragraph (a)(3) introductory text “(a)(2) (i), (ii), or (iii) or this section” and adding “paragraph (a)(2)(i), (ii), or (iii) of this section” in its place;
e. Removing from paragraph (a)(3)(i) “(a)(2) (i)” and adding “paragraph (a)(2)(i)” in its place;
f. Removing from paragraph (a)(3)(iv) “subsection” and “(a)(3)(ii)” and adding “section” and “(a)(3)(ii) of this section” in their place, wherever they appear;
g. Removing from paragraph (a)(4) “Subparagraphs (a)(2) and (a)(3) of this subsection” and “subdivisions (a)(2)(i), (ii), and (iii) of this subsection” and adding “Paragraphs (a)(2) and (3) of this section” and “paragraphs (a)(2)(i), (ii), and (iii) of this section” in their place, respectively;
h. Removing from paragraph (a)(5) “(a)(3)” and adding “(3)” in its place;
i. Removing from paragraph (c)(1) “subparagraph” and adding “paragraph (c)” in its place; and
j. Removing from paragraph (c)(2) introductory text “subsection” and adding “section” in its place, wherever it appears.
112. Amend section 50.101-1 by removing from paragraph (b) “Government Printing Office” and adding “Government Publishing Office” in its place.
PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
113. Amend section 52.212-5 by revising the date of the clause and removing from paragraph (b)(59) “( 15 U.S.C. 637(d)(12))” and adding “(15 U.S.C. 637(d)(13))” in its place to read as follows:
Executive agencies shall obtain standard and optional forms from the General Services Administration (GSA) Forms Library at
https://www.gsa.gov/forms.
Agency forms are available from the prescribing agency.