Federal Acquisition Regulation: System for Award Management Registration, 31895-31900 [2016-11977]
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Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
47. The Commission believes that any
economic burden these proposed rules
may have on carriers is outweighed by
the benefits to consumers. The
compliance costs identified in Section D
are small. The Commission seeks
comment on how to minimize the
economic impact of these proposals. For
instance, the Commission seeks
comment on the specific costs of the
measures discussed in the NPRM and
ways to mitigate any implementation
costs. The Commission also seeks
comment on the overall economic
impact these proposed rules may have
because it seeks to minimize all costs
associated with these proposed rules.
Finally, the Commission seeks comment
on whether to consider the size of the
calling entity or the type of debt being
collected in determining the appropriate
timeframes for implementation.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
48. None.
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Ordering Clauses
49. Pursuant to the authority
contained in sections 1–4, 227, and
303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 151–154,
227, 303(r); and the Telephone
Consumer Protection Act as amended by
the Bipartisan Budget Act of 2015,
Public Law 114–74, 129 Stat. 584,
document FCC 16–57 is adopted.
50. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
document FCC 16–57, including the
Initial Regulatory Flexibility Analysis,
to the Chief Counsel for Advocacy of the
Small Business Administration.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the
Secretary.
DEPARTMENT OF DEFENSE
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 64 as follows:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64 is
revised to read as follows:
■
Authority: 47 U.S.C. 154, 254(k);
403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat.
56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 227, 228, 254(k), 616, 620, the
Middle Class Tax Relief and Job Creation Act
of 2012, Pub. L. 112–96, and Sec. 301, Pub.
L. 114–74, 129 Stat. 584 (47 U.S.C. 227)
unless otherwise noted.
2. Section 64.1200 is amended by
revising paragraphs (a)(1)(iii) and
(a)(3)(v), and adding paragraph (a)(3)(vi)
to read as follows:
■
§ 64.1200
Delivery restrictions.
(a) * * *
(1) * * *
(iii) To any telephone number
assigned to a paging service, cellular
telephone service, specialized mobile
radio service, or other radio common
carrier service, or any service for which
the called party is charged for the call,
unless such call is made solely to collect
a debt owed to or guaranteed by the
United States.
*
*
*
*
*
(3) * * *
(v) Delivers a ‘‘health care’’ message
made by, or on behalf of, a ‘‘covered
entity’’ or its ‘‘business associate,’’ as
those terms are defined in the HIPAA
Privacy Rule, 15 CFR 160.103;
(vi) Is made solely pursuant to the
collection of a debt owed to or
guaranteed by the United States.
*
*
*
*
*
[FR Doc. 2016–12025 Filed 5–19–16; 8:45 am]
BILLING CODE 6712–01–P
List of Subjects in 47 CFR Part 64
Claims, Communications common
carriers, Credit, Reporting and
recordkeeping requirements,
Telecommunications, Telephone.
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GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 2, 4, 7, 9, 12, 13, 17, 18,
19, 22, 25, 26, 28, 32, 44, and 52
[FAR Case 2015–005; Docket No. 2015–
0005, Sequence No. 1]
RIN 9000–AN19
Federal Acquisition Regulation:
System for Award Management
Registration
Department of Defense (DoD),
General Services Administration (GSA),
and the National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCY:
DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to update
the instructions for System for Award
Management (SAM) registration
requirements and to correct an
inconsistency with offeror
representation and certification
requirements.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at one of the
addresses shown below on or before
July 19, 2016 to be considered in the
formation of the final rule.
ADDRESSES: Submit comments in
response to FAR case 2015–005 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching ‘‘FAR Case 2015–005’’. Select
the link ‘‘Comment Now’’ that
corresponds with ‘‘FAR Case 2015–
005.’’ Follow the instructions provided
on the screen. Please include your
name, company name (if any), and
‘‘FAR Case 2015–005’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), ATTN: Ms. Flowers,
1800 F Street NW., 2nd Floor,
Washington, DC 20405.
Instructions: Please submit comments
only and cite FAR Case 2015–005, in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Curtis E. Glover, Sr., Procurement
SUMMARY:
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Analyst, at 202–501–1448 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
Please cite FAR Case 2015–005.
SUPPLEMENTARY INFORMATION:
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I. Background
Currently, the language in the FAR is
not consistent in terms of whether
offerors need to be registered in SAM
prior to submitting an offer or prior to
award. Per FAR clause 52.204–7 an
offeror is not ‘‘registered in the SAM
database’’ unless an offeror has
completed its online annual
representations and certifications. FAR
52.204–8(b) and (d) state that if clause
52.204–7 is included in the solicitation,
then the offeror verifies by submission
of the offer that the representations and
certifications in SAM are current and
accurate. While the clauses instruct
offerors to complete representations and
certifications by registering in SAM
prior to the submission of offers, the
policy at FAR 4.1102 states that SAM
registration (which includes online reps
and certs) must be completed by the
time of award. In order to correct this
inconsistency DoD, GSA, and NASA are
proposing to amend FAR 4.1102 and
4.1103 to require offeror registration in
SAM prior to submission of an offer.
In addition, the proposed rule will
require contracting officers to use the
name and physical address from the
contractor’s SAM registration for the
provided Data Universal Numbering
System (DUNS). We recognize that there
is an ongoing FAR case (2015–022,
Unique Identification of Entities
Receiving Federal Awards) to remove
the reference to the DUNS number, and
once the final rule from that case is
published; references to the DUNS
number will be changed. This proposed
rule also removes the term ‘‘division
name’’ from the FAR text at FAR 4.1102,
clause 52.204–13, and provision
52.212–4.
The proposed rule also changes the
referenced Web site ‘‘acquisition.gov’’ to
‘‘SAM.gov’’ to be consistent with the
rest of the FAR. ‘‘Database’’ is also
added to ‘‘SAM’’ so that in the FAR it
is clearly understood that the reference
is to the ‘‘SAM database’’.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
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effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
proposed rule is not a major rule under
5 U.S.C. 804.
V. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect
this proposed rule to have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because the
proposed rule would only change when
an offeror must be registered in SAM.
However, an initial regulatory flexibility
analysis (IRFA) has been performed and
is summarized as follows:
FAR subpart 4.11 was updated by FAR
case 2012–033 which was published in the
Federal Register at 78 FR 37676 on June 21,
2013, to reflect the retirement of the Central
Contractor Registration and Online
Representation and Certification Application
systems and the implementation of SAM.
Since the final rule was published, the
Department of Defense (DoD) identified three
clarifications that need to be made to the
subpart and its associated provisions and
clauses.
Currently, the language in the FAR is not
consistent in terms of whether offerors need
to be registered in SAM prior to submitting
an offer or prior to award. Per FAR clause
52.204–7 an offeror is not ‘‘registered in the
SAM database’’ unless an offeror has
completed its online annual representations
and certifications. FAR 52.204–8(b) and (d)
state that if clause 52.204–7 is included in
the solicitation, then the offeror verifies by
submission of the offer that the
representations and certifications in SAM are
current and accurate. While the clauses
instruct offerors to complete representations
and certifications by registering in SAM prior
to submission of offers, the policy at FAR
4.1102 states that SAM registration (which
includes online reps and certs) must be
completed by the time of award.
In order to correct this inconsistency the
rule proposes that offerors be registered in
SAM prior to submission of an offer. Once
offerors are registered in SAM they are in the
system and are only required to update SAM
registration in accordance with the clause.
This eliminates the need for potential
offerors to complete reps and certs multiple
times when responding to solicitations.
The proposed rule would apply to small
businesses that submit offers to the Federal
Government. The rule contains information
collection requirements. OMB has cleared
this information collection requirement
under OMB Control Number 9000–0159,
titled: Central Contractor Registration. GSA
has submitted a request to OMB to change
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the name of the collection to ‘‘System for
Award Management Registration.’’ That
request is pending.
The total number of small businesses in the
Federal Procurement Data System (FPDS) for
FY 2013 is 111,036. This proposed rule
would apply to that number of small
businesses, as well as an estimated equal
number that did not receive an award for FY
2013.
There will be no burden on small
businesses because this proposed rule change
does not place any new requirements on
small entities. The only change is when the
requirement for submission of the
representations and certifications must occur.
This proposed rule requires offerors to be
registered in SAM prior to submission of an
offer. Once offerors are registered in SAM
they are in the system and are only required
to update SAM registration in accordance
with the clause. This eliminates the need for
potential offerors to complete representations
and certifications multiple times when
responding to solicitations.
The proposed rule does not duplicate,
overlap, or conflict with any other Federal
rules.
There are no significant alternatives to the
rule which accomplish the stated objectives
of applicable statutes and which minimize
any significant economic impact of the
proposed rule on small entities.
The Regulatory Secretariat Division
has submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small
Business Administration. A copy of the
IRFA may be obtained from the
Regulatory Secretariat Division. DoD,
GSA, and NASA invite comments from
small business concerns and other
interested parties on the expected
impact of this proposed rule on small
entities.
DoD, GSA, and NASA will also
consider comments from small entities
concerning the existing regulations in
subparts affected by the proposed rule
consistent with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C. 610
(FAR Case 2015–005), in
correspondence.
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. Chapter 35) applies. The
proposed rule contains information
collection requirements. OMB has
cleared this information collection
requirement under OMB Control
Number 9000–0159; Central Contractor
Registration. GSA has submitted a
request to OMB to change the name of
the collection to ‘‘System for Award
Management Registration.’’ That request
is pending.
List of Subjects in 48 CFR Parts 2, 4, 7,
9, 12, 13, 17, 18, 19, 22, 25, 26, 28, 32,
44, and 52
Government procurement.
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Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules
Dated: May 17, 2016.
William Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA are
proposing to amend 48 CFR parts 2, 4,
7, 9, 12, 13, 17, 18, 19, 22, 25, 26, 28,
32, 44, and 52, as set forth below:
■ 1. The authority citation for 48 CFR
parts 2, 4, 7, 9, 12, 13, 17, 18, 19, 22,
25, 26, 28, 32, 44, and 52 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
PART 2—DEFINITIONS OF WORDS
AND TERMS
2.101
[Amended]
2. Amend section 2.101 in paragraph
(b) by removing from the definition
‘‘Disaster Response Registry’’, ‘‘https://
www.acquisition.gov’’ and adding
‘‘https://www.sam.gov’’ in its place.
■
PART 4—ADMINISTRATIVE MATTERS
3. Amend section 4.605 by revising
the introductory text of paragraph (c)(2)
to read as follows.
■
4.605
Procedures.
*
*
*
*
*
(c) * * *
(2) Authorized generic DUNS
numbers, maintained by the Integrated
Award Environment (IAE) Business
Operations Division program office
(https://www.sam.gov), may be used to
report contracts in lieu of the
contractor’s actual DUNS number only
for—
*
*
*
*
*
■ 4. Amend section 4.1102 by—
■ a. Revising the introductory text of
paragraph (a);
■ b. Redesignate paragraph (c) as
paragraph (d);
■ c. Adding a new paragraph (c); and
■ d. Revising newly redesignated
paragraph (d)(1)(i).
The revisions read as follows.
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4.1102
Policy.
(a) Prospective contractors shall be
registered in the SAM database at the
time an offer or quote is submitted in
order to comply with the annual
representations and certifications
requirements (see FAR subpart 4.12) of
a contract or agreement, except for—
*
*
*
*
*
(c) Contracting officers shall use the
legal business name or ‘‘doing business
as’’ name and physical address from the
contractor’s SAM registration for the
provided DUNS number to identify the
contractor in Schedule A of the contract,
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similar sections of non-uniform contract
formats and agreements, and all
corresponding forms and data
exchanges. Contracting officers shall
make no changes to the data from SAM.
(d)(1)(i) If a contractor has legally
changed its business name or ‘‘doing
business as’’ name (whichever is shown
on the contract), or has transferred the
assets used in performing the contract,
but has not completed the necessary
requirements regarding novation and
change-of-name agreements in subpart
42.12, the contractor shall provide the
responsible contracting officer a
minimum of one business day’s written
notification of its intention to: Change
the name in the SAM database; comply
with the requirements of subpart 42.12;
and agree in writing to the timeline and
procedures specified by the responsible
contracting officer. The contractor must
provide with the notification sufficient
documentation to support the legally
changed name.
*
*
*
*
*
■ 5. Revise section 4.1103 to read as
follows:
4.1103
Procedures.
Frm 00030
Fmt 4702
the payment office, provide the DUNS
number, or, if applicable, the DUNS+4,
in accordance with agency procedures.
4.1104
[Amended]
6. Amend section 4.1104 by removing
from the paragraph ‘‘https://
www.acquisition.gov’’ and adding
‘‘https://www.sam.gov’’ in its place.
■
4.1200
[Amended]
7. Amend section 4.1200 by removing
from the introductory text ‘‘System for
Award Management (SAM)’’ and adding
‘‘System for Award Management (SAM)
database’’ in its place.
■
4.1201
[Amended]
8. Amend section 4.1201 by—
a. Removing from paragraph (a)
‘‘https://www.acquisition.gov’’ and
adding ‘‘https://www.sam.gov’’ in its
place; and
■ b. Removing from paragraph (b)(1)
‘‘shall update’’ and adding ‘‘shall review
and update’’ in its place.
■
■
PART 7—ACQUISITION PLANNING
7.103
[Amended]
9. Removing from paragraph (y)
‘‘https://www.acquisition.gov’’ and
adding ‘‘https://www.sam.gov’’ in its
place.
■
(a) Unless the acquisition is exempt
under 4.1102, the contracting officer—
(1) Shall verify that the prospective
contractor is registered in the SAM
database (see paragraph (b) of this
section) at the time of offer or quote
submission;
(2) Should use the DUNS number or,
if applicable, the DUNS+4 number, to
verify SAM registration—
(i) Via the Internet via https://
www.sam.gov;
(ii) As otherwise provided by agency
procedures; and
(3) Need not verify SAM registration
before placing an order or call if the
contract or agreement includes the
provision at 52.204–7 System for Award
Management, or the clause at 52.212–4
Contract Terms and Conditions—
Commercial Items, or a similar agency
clause, except when use of the
Governmentwide commercial purchase
card is contemplated as a method of
payment. (See 32.1108(b)(2)).
(b) If the contract action is being
awarded pursuant to 4.1102(a)(5), or in
a manner that considers other such
instances of urgency, the contractor
shall be registered in the SAM database
within 30 days after contract award, or
at least three days prior to submission
of the first invoice, whichever occurs
first.
(c) Agencies shall protect against
improper disclosure of Contractor or
offeror SAM information.
(d) The contracting officer shall, on
contractual documents transmitted to
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PART 9—CONTRACTOR
QUALIFICATIONS
10. Amend section 9.404 by—
a. Revising the section heading;
b. Revising paragraph (a)(1);
c. Removing from the introductory
text of paragraph (b) ‘‘The SAM
Exclusions’’ and adding ‘‘An exclusion
record in SAM’’ in its place;
■ d. Removing from paragraph (b)(1) ‘‘of
all contractors debarred’’ and adding ‘‘of
the contractor debarred’’ in its place;
■ e. Revising paragraph (c); and
■ f. Removing from paragraph (d)
‘‘https://www.acquisition.gov and
adding ‘‘https://www.sam.gov’’ in its
place.
The revisions read as follows:
■
■
■
■
9.404 Exclusions in the System for Award
Management.
(a) * * *
(1) Operates the web-based System for
Award Management (SAM) which
contains Exclusions records; and
*
*
*
*
*
(c) Each agency must—
(1) Identify the individual(s)
responsible for entering and updating
exclusions data in SAM and assign the
appropriate roles in SAM;
(2) Remove the exclusion roles in
SAM when the individual leaves the
organization or changes functions;
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(3) For each Exclusion accomplished
by the Agency enter the information
required by paragraph (b) of this section
within 3 working days after the action
becomes effective;
(4) For each Exclusion accomplished
by the Agency determine whether it is
legally permitted to enter the SSN, EIN,
or other TIN, under agency authority to
suspend or debar;
(5) For each Exclusion accomplished
by the Agency update the exclusion
record in the SAM database, generally
within 5 working days after modifying
or rescinding an action;
(6) In accordance with internal
retention procedures, maintain records
relating to each debarment, suspension,
or proposed debarment taken by the
agency;
(7) Establish procedures to ensure that
the agency does not solicit offers from,
award contracts to, or consent to
subcontracts with contractors who have
an active exclusion record in the SAM
database, except as otherwise provided
in this subpart;
(8) Direct inquiries concerning listed
contractors to the agency or other
authority that took the action; and
(9) Contact GSA for technical
assistance with SAM, via the support
email address or on the technical
support phone line available at the SAM
Web site provided in paragraph (d) of
this section.
*
*
*
*
*
11. Removing from paragraphs (d)(1)
and (2) ‘‘registered in SAM’’ and adding
‘‘registered in the SAM database’’ in
their places, respectively.
PART 13—SIMPLIFIED ACQUISITION
PROCEDURES
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26.205
[Amended]
PART 28—BONDS AND INSURANCE
[Amended]
■
21. Amend section 28.203–7 by
revising paragraph (c); and removing
from paragraph (d) ‘‘(see 9.404) unless’’
and adding ‘‘(see 9.404), unless’’ in its
place.
The revision reads as follows:
15. Amend section 19.307 by
removing from paragraph (i)(3)(iii)
‘‘(SAM)’’ and adding ‘‘(SAM) database’’
in its place; and removing from
paragraph (i)(5)(iii) ‘‘designation in
SAM’’ and adding ‘‘designation in the
SAM database’’ in its place.
■
*
■
[Amended]
16. Amend section 19.308 by
removing from paragraph (i)(3)(iii)
‘‘(SAM)’’ and adding ‘‘(SAM) database’’
in its place; and removing from
paragraph (i)(5)(iii) ‘‘designation in
SAM’’ and adding ‘‘designation in the
SAM database’’ in its place.
[Amended]
18. Amend section 22.1025 by
revising the first sentence of the text to
read as follows.
■
22.1025
Ineligibility of violators.
Persons or firms found to be in
violation of the Service Contract Labor
Standards statute will have an active
exclusion record contained in the
System for Award Management
Exclusions database (see 9.404). * * *
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28.203–7
Exclusion of individual sureties.
*
*
*
*
(c) An individual surety excluded
pursuant to this subsection shall be
entered in the System for Award
Management Exclusions (see 9.404).
*
*
*
*
*
PART 32—CONTRACT FINANCING
32.805
[Amended]
22. Amend section 32.805 by
removing from paragraph (d)(4)
‘‘Management’’ and adding
‘‘Management database’’ in its place.
■
Exercise of options.
*
*
*
*
(c) * * *
(5) The contractor does not have an
active exclusion record in the System
for Award Management Exclusions
database (see FAR 9.405–1);
*
*
*
*
*
PART 26—OTHER SOCIOECONOMIC
PROGRAMS
19.307
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
13. Amend section 17.207 by revising
paragraph (c)(5) to read as follows.
*
(a) The head of an executive agency
may not enter into or extend a contract
for the procurement of goods or services
with a person that exports certain
sensitive technology to Iran, as
determined by the President and is
listed as being excluded in the System
for Award Management database (see
via https://www.sam.gov) (22 U.S.C.
8515).
*
*
*
*
*
PART 19—SMALL BUSINESS
PROGRAMS
17. Amend section 19.1503 by
removing from paragraph (b)(1)
‘‘(SAM)’’ and adding ‘‘(SAM) database’’
in its place.
PART 17—SPECIAL CONTRACTING
METHODS
■
25.703–3 Prohibition on contracting with
entities that export sensitive technology to
Iran.
20. Amended section 26.205 by
removing from paragraphs (a) and (b)
‘‘https://www.acquisition.gov’’ and
adding ‘‘https://www.sam.gov’’ in their
places.
■
[Amended]
12. Amend section 13.102 by
removing from paragraph (a) ‘‘https://
www.acquisition.gov’’ and adding
‘‘https://www.sam.gov’’ in its place.
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Contractors are not required to be
registered in the System for Award
Management (SAM) database for
contracts awarded to support unusual or
compelling needs or emergency
operations (see 4.1102). However,
contractors are required to be registered
in the SAM database in order to gain
access to the Disaster Response Registry.
Contracting officers shall consult the
Disaster Response Registry via https://
www.sam.gov to determine the
availability of contractors for debris
removal, distribution of supplies,
reconstruction, and other disaster or
emergency relief activities inside the
United States and outlying areas. (See
26.205).
19.1503
■
17.207
System for Award Management.
■
[Amended]
■
13.102
14. Revise section 18.102 to read as
follows.
■
18.102
19. Amend section 25.703–3 by
revising paragraph (a) to read as follows.
■
19.308
PART 12—ACQUISITION OF
COMMERCIAL ITEMS
12.301
PART 25—FOREIGN ACQUISITION
PART 18—EMERGENCY
ACQUISITIONS
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32.1108
[Amended]
23. Amend section 32.1108 by
removing from paragraph (b)(2)(i)
‘‘(SAM)’’ and adding ‘‘(SAM) database’’
in its place; and removing from
paragraph (b)(2)(ii) ‘‘SAM indicates’’
and adding ‘‘SAM database indicates’’
in its place.
■ 24. Amend section 32.1110 by
revising the introductory text of
paragraph (a)(1) to read as follows:
■
32.1110 Solicitation provision and
contract clauses.
(a) * * *
(1) 52.232–33, Payment by Electronic
Funds Transfer—System for Award
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Management, in solicitations and
contracts that include the provision at
52.204–7, System for Award
Management or an agency clause that
requires a contractor to be registered in
the SAM database and maintain
registration until final payment,
unless—
*
*
*
*
*
PART 44—SUBCONTRACTING
POLICIES AND PROCEDURES
25. Amend section 44.202–2 by
revising paragraph (a)(13) to read as
follows:
■
44.202–2
Considerations.
(a) * * *
(13) Is the proposed subcontractor
listed as being excluded in the System
for Award Management database (see
subpart 9.4)?
*
*
*
*
*
52.204–8 Annual Representations and
Certifications.
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
26. Amend section 52.204–7 by—
a. Revising the date of the provision;
b. Revising paragraph (b)(1);
c. Removing from paragraph (c)(2)(i)
‘‘legal business.’’ and adding ‘‘legal
business name.’’ in its place;
■ d. Revising paragraph (d);
■ e. Removing paragraphs (e) and (f);
and
■ f. Revising the date of Alternate I and
paragraph (b)(1) of Alternate I.
The revisions read as follows.
■
■
■
■
52.204–7
*
*
System for Award Management.
*
*
*
System for Award System (Date)
mstockstill on DSK3G9T082PROD with PROPOSALS
*
*
*
*
*
(b)(1) By submission of an offer, the
offeror acknowledges that the offeror is
registered in the SAM database and the
requirement that a prospective awardee
shall continue to be registered at time of
award, during performance, and through
final payment of any contract, basic
agreement, basic ordering agreement, or
blanket purchasing agreement resulting
from this solicitation.
*
*
*
*
*
(d) Processing time, which normally
takes 48 hours, should be taken into
consideration when registering. Offerors
who are not registered in the SAM
database should consider applying for
registration immediately upon receipt of
this solicitation. See https://
www.sam.gov for information on
registration.
*
*
*
*
*
Alternate I (Date). * * *
(b)(1) By submission of an offer, the
offeror acknowledges that the offeror is
VerDate Sep<11>2014
17:17 May 19, 2016
Jkt 238001
registered in the SAM database and the
requirement that a prospective awardee
shall continue to be registered at time of
award, during performance, and through
final payment of any contract, basic
agreement, basic ordering agreement, or
blanket purchasing agreement resulting
from this solicitation.
■ 27. Amend section 52.204–8 by—
■ a. Revising the date of the provision,
■ b. Removing from the introductory
text of paragraph (b)(2) ‘‘Management
(SAM),’’ and adding ‘‘Management
(SAM) database’’ in its place; and
■ c. Removing from paragraph (d)
‘‘https://www.acquisition.gov’’ and
adding ‘‘https://www.sam.gov’’ in its
place.
The revisions read as follows:
*
*
*
*
Annual Representations and Certifications
(Date)
*
*
*
*
*
28. Amend section 52.204–13 by—
a. Revising the date of the clause;
b. Removing from the first sentence of
paragraph (b) ‘‘for the accuracy’’ and
adding ‘‘for currency, accuracy’’ in its
place; and removing from the last
sentence ‘‘the SAM does’’ and adding
‘‘the SAM database does’’ in its place;
■ c. Revising the first sentence of the
introductory text of paragraph (c)(1)(i);
■ d. Removing from the second sentence
of paragraph (c)(2) ‘‘in the SAM’’ and
adding ‘‘in the SAM database’’ in its
place; and
■ e. Removing from paragraph (d)
‘‘https://www.acquisition.gov’’ and
adding ‘‘https://www.sam.gov’’ in its
place.
The revisions read as follows:
■
■
■
52.204–13 System for Award Management
Maintenance.
*
*
*
*
*
System for Award Management
Maintenance (Date)
*
*
*
*
*
(c) * * *
(1) * * *
(i) If a Contractor has legally changed
its business name or doing business as
name (whichever is shown on the
contract), or has transferred the assets
used in performing the contract, but has
not completed the necessary
requirements regarding novation and
change-of-name agreements in subpart
42.12, the Contractor shall provide the
responsible Contracting Officer a
minimum of one business day’s written
notification of its intention to—
*
*
*
*
*
■ 29. Amend section 52.209–7 by
revising the date of the provision and
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
removing from paragraph (d) ‘‘https://
www.acquisition.gov’’ and adding
‘‘https://www.sam.gov’’ in its place.
The revision reads as follows:
52.209–7 Information Regarding
Responsibility Matters.
*
*
*
*
*
Information Regarding Responsibility
Matters (Date)
*
*
*
*
*
30. Amend section 52.209–9 by
revising the date of the clause and
removing from paragraph (a) ‘‘https://
www.acquisition.gov’’ and adding
‘‘https://www.sam.gov’’ in its place.
The revision reads as follows:
■
52.209–9 Updates of Publicly Available
Information Regarding Responsibility
Matters.
*
*
*
*
*
Updates of Publicly Available Information
Regarding Responsibility Matters (Date)
*
*
*
*
*
31. Amend section 52.212–1 by
revising the date of provision and
paragraph (k) to read as follows:
■
52.212–1 Instructions to Offerors—
Commercial Items.
*
*
*
*
*
Instructions to Offerors—Commercial Items
(Date)
*
*
*
*
*
(k) System for Award Management.
Unless exempted by an addendum to
this solicitation, by submission of an
offer, the offeror acknowledges that the
offeror is registered in the SAM database
and the requirement that a prospective
awardee shall continue to be registered
at time of award, during performance
and through final payment of any
contract resulting from this solicitation.
If the Offeror is not registered in the
SAM database prior to award of the
contract, except in instances of urgency
(see 4.1102(a)(5), the Contracting Officer
will proceed to award to the next
otherwise successful registered Offeror.
Offerors may obtain information on
registration and annual confirmation
requirements via the SAM database
accessed through https://www.sam.gov.
*
*
*
*
*
■ 32. Amend section 52.212–3 by—
■ a. Revising the date of the provision;
■ b. Removing from the introductory
text of the provision ‘‘https://
www.acquisition.gov’’ and adding
‘‘https://www.sam.gov’’ in its place;
■ c. Revising paragraph (b)(2); and
■ d. Removing from the introductory
text of paragraph (p) ‘‘registered in
SAM’’ and adding ‘‘registered in the
SAM database’’ in its place.
The revision reads as follows:
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Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules
52.212–3 Offeror Representations and
Certifications—Commercial Items.
*
*
*
*
*
Offeror Representations and Certifications—
Commercial Items (Date)
*
*
*
*
*
(b) * * *
(2) The offeror has completed the
annual representations and
certifications electronically via the SAM
Web site accessed through https://
www.sam.gov. After reviewing the SAM
database information, the offeror verifies
by submission of this offer that the
representations and certifications
currently posted electronically at FAR
52.212–3, Offeror Representations and
Certifications—Commercial Items, have
been entered or updated in the last 12
months, are current, accurate, complete,
and applicable to this solicitation
(including the business size standard
applicable to the NAICS code referenced
for this solicitation), at the time an offer
is submitted and are incorporated in
this offer by reference (see FAR 4.1201),
except for paragraphs lll. [Offeror to
identify the applicable paragraphs at (c)
through (r) of this provision that the
offeror has completed for the purposes
of this solicitation only, if any.
These amended representation(s)
and/or certification(s) are also
incorporated in this offer and are
current, accurate, and complete as of
the date of this offer.
Any changes provided by the offeror
are applicable to this solicitation only,
and do not result in an update to the
representations and certifications
posted electronically on SAM.]
*
*
*
*
*
■ 33. Amend section 52.212–4 by—
■ a. Revising the date of the clause;
■ b. Revising paragraphs (t)(1) and
(t)(2)(i);
■ c. Removing from paragraph (t)(4)
‘‘https://www.acquisition.gov’’ and
adding ‘‘https://www.sam.gov’’ in its
place; and
■ d. Removing from paragraph (v)
‘‘System for Award Management
(SAM)’’ and adding ‘‘SAM database’’ in
its place.
The revised text reads as follows:
52.212–4 Contract Terms and
Conditions—Commercial Items.
mstockstill on DSK3G9T082PROD with PROPOSALS
*
*
*
*
*
*
*
*
*
(t) * * * (1) Unless exempted by an
addendum to this contract, the
Contractor is responsible during
performance and through final payment
of any contract for the currency,
accuracy and completeness of the data
VerDate Sep<11>2014
17:17 May 19, 2016
Jkt 238001
[FR Doc. 2016–11977 Filed 5–19–16; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2013–0028;
4500030114]
RIN 1018–AZ38
Endangered and Threatened Wildlife
and Plants; Designating Critical
Habitat for Three Plant Species on
Hawaii Island
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the public comment period
on our October 17, 2012, proposed
designation of critical habitat for three
plant species (Bidens micrantha ssp.
ctenophylla (kookoolau), Isodendrion
pyrifolium (wahine noho kula), and
Mezoneuron kavaiense (uhiuhi)) on
SUMMARY:
Contract Terms and Conditions—
Commercial Items (Date)
*
within the SAM database, and for any
liability resulting from the
Government’s reliance on inaccurate or
incomplete data. To remain registered in
the SAM database after the initial
registration, the Contractor is required
to review and update on an annual basis
from the date of initial registration or
subsequent updates, its information in
the SAM database to ensure it is current,
accurate and complete. Updating
information in the SAM does not alter
the terms and conditions of this contract
and is not a substitute for a properly
executed contractual document.
(2)(i) If a Contractor has legally
changed its business name or ‘‘doing
business as’’ name (whichever is shown
on the contract), or has transferred the
assets used in performing the contract,
but has not completed the necessary
requirements regarding novation and
change-of-name agreements in FAR
subpart 42.12, the Contractor shall
provide the responsible Contracting
Officer a minimum of one business
day’s written notification of its intention
to: change the name in the SAM
database; comply with the requirements
of subpart 42.12; and agree in writing to
the timeline and procedures specified
by the responsible Contracting Officer.
The Contractor must provide with the
notification sufficient documentation to
support the legally changed name.
*
*
*
*
*
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
Hawaii Island under the Endangered
Species Act of 1973, as amended (Act).
We are reopening the comment period
to allow all interested parties further
opportunity to comment on areas that
we are considering for exclusion from
critical habitat designation in the final
rule. Comments previously submitted
on the proposed rule do not need to be
resubmitted, as they will be fully
considered in preparation of the final
rule.
DATES: Written Comments: We will
consider comments received or
postmarked on or before June 6, 2016.
Please note comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on the closing date. If you
are submitting your comments by hard
copy, please mail them by June 6, 2016,
to ensure that we receive them in time
to give them full consideration.
ADDRESSES: Document Availability: You
may obtain copies of the October 17,
2012, proposed rule, this document, and
the draft economic analysis of the
proposed designation of critical habitat
at https://www.regulations.gov at Docket
Number FWS–R1–ES–2013–0028, from
the Pacific Islands Fish and Wildlife
Office’s Web site (https://www.fws.gov/
pacificislands/), or by contacting the
Pacific Islands Fish and Wildlife Office
directly (see FOR FURTHER INFORMATION
CONTACT).
Written Comments: You may submit
written comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Search for Docket
No. FWS–R1–ES–2013–0028, which is
the docket number for this rulemaking,
and follow the directions for submitting
a comment.
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R1–ES–2013–
0028; Division of Policy, Performance,
and Management Programs; U.S. Fish
and Wildlife Service; MS: BPHC; 5275
Leesburg Pike; Falls Church, VA 22041–
3803.
We will post all comments we receive
on https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see Public Comments, below, for more
information).
FOR FURTHER INFORMATION CONTACT:
Mary Abrams, Field Supervisor, Pacific
Islands Fish and Wildlife Office, 300
Ala Moana Boulevard, Room 3–122,
Honolulu, HI 96850; by telephone at
808–792–9400; or by facsimile at 808–
792–9581. Persons who use a
E:\FR\FM\20MYP1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Proposed Rules]
[Pages 31895-31900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11977]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 7, 9, 12, 13, 17, 18, 19, 22, 25, 26, 28, 32,
44, and 52
[FAR Case 2015-005; Docket No. 2015-0005, Sequence No. 1]
RIN 9000-AN19
Federal Acquisition Regulation: System for Award Management
Registration
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and the National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to update the instructions for System for
Award Management (SAM) registration requirements and to correct an
inconsistency with offeror representation and certification
requirements.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at one of the addresses shown below on
or before July 19, 2016 to be considered in the formation of the final
rule.
ADDRESSES: Submit comments in response to FAR case 2015-005 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching ``FAR Case
2015-005''. Select the link ``Comment Now'' that corresponds with ``FAR
Case 2015-005.'' Follow the instructions provided on the screen. Please
include your name, company name (if any), and ``FAR Case 2015-005'' on
your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd
Floor, Washington, DC 20405.
Instructions: Please submit comments only and cite FAR Case 2015-
005, in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement
[[Page 31896]]
Analyst, at 202-501-1448 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite FAR Case 2015-005.
SUPPLEMENTARY INFORMATION:
I. Background
Currently, the language in the FAR is not consistent in terms of
whether offerors need to be registered in SAM prior to submitting an
offer or prior to award. Per FAR clause 52.204-7 an offeror is not
``registered in the SAM database'' unless an offeror has completed its
online annual representations and certifications. FAR 52.204-8(b) and
(d) state that if clause 52.204-7 is included in the solicitation, then
the offeror verifies by submission of the offer that the
representations and certifications in SAM are current and accurate.
While the clauses instruct offerors to complete representations and
certifications by registering in SAM prior to the submission of offers,
the policy at FAR 4.1102 states that SAM registration (which includes
online reps and certs) must be completed by the time of award. In order
to correct this inconsistency DoD, GSA, and NASA are proposing to amend
FAR 4.1102 and 4.1103 to require offeror registration in SAM prior to
submission of an offer.
In addition, the proposed rule will require contracting officers to
use the name and physical address from the contractor's SAM
registration for the provided Data Universal Numbering System (DUNS).
We recognize that there is an ongoing FAR case (2015-022, Unique
Identification of Entities Receiving Federal Awards) to remove the
reference to the DUNS number, and once the final rule from that case is
published; references to the DUNS number will be changed. This proposed
rule also removes the term ``division name'' from the FAR text at FAR
4.1102, clause 52.204-13, and provision 52.212-4.
The proposed rule also changes the referenced Web site
``acquisition.gov'' to ``SAM.gov'' to be consistent with the rest of
the FAR. ``Database'' is also added to ``SAM'' so that in the FAR it is
clearly understood that the reference is to the ``SAM database''.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This proposed rule is not a major
rule under 5 U.S.C. 804.
V. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect this proposed rule to have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq., because the proposed rule would only change when an offeror must
be registered in SAM. However, an initial regulatory flexibility
analysis (IRFA) has been performed and is summarized as follows:
FAR subpart 4.11 was updated by FAR case 2012-033 which was
published in the Federal Register at 78 FR 37676 on June 21, 2013,
to reflect the retirement of the Central Contractor Registration and
Online Representation and Certification Application systems and the
implementation of SAM. Since the final rule was published, the
Department of Defense (DoD) identified three clarifications that
need to be made to the subpart and its associated provisions and
clauses.
Currently, the language in the FAR is not consistent in terms of
whether offerors need to be registered in SAM prior to submitting an
offer or prior to award. Per FAR clause 52.204-7 an offeror is not
``registered in the SAM database'' unless an offeror has completed
its online annual representations and certifications. FAR 52.204-
8(b) and (d) state that if clause 52.204-7 is included in the
solicitation, then the offeror verifies by submission of the offer
that the representations and certifications in SAM are current and
accurate. While the clauses instruct offerors to complete
representations and certifications by registering in SAM prior to
submission of offers, the policy at FAR 4.1102 states that SAM
registration (which includes online reps and certs) must be
completed by the time of award.
In order to correct this inconsistency the rule proposes that
offerors be registered in SAM prior to submission of an offer. Once
offerors are registered in SAM they are in the system and are only
required to update SAM registration in accordance with the clause.
This eliminates the need for potential offerors to complete reps and
certs multiple times when responding to solicitations.
The proposed rule would apply to small businesses that submit
offers to the Federal Government. The rule contains information
collection requirements. OMB has cleared this information collection
requirement under OMB Control Number 9000-0159, titled: Central
Contractor Registration. GSA has submitted a request to OMB to
change the name of the collection to ``System for Award Management
Registration.'' That request is pending.
The total number of small businesses in the Federal Procurement
Data System (FPDS) for FY 2013 is 111,036. This proposed rule would
apply to that number of small businesses, as well as an estimated
equal number that did not receive an award for FY 2013.
There will be no burden on small businesses because this
proposed rule change does not place any new requirements on small
entities. The only change is when the requirement for submission of
the representations and certifications must occur.
This proposed rule requires offerors to be registered in SAM
prior to submission of an offer. Once offerors are registered in SAM
they are in the system and are only required to update SAM
registration in accordance with the clause. This eliminates the need
for potential offerors to complete representations and
certifications multiple times when responding to solicitations.
The proposed rule does not duplicate, overlap, or conflict with
any other Federal rules.
There are no significant alternatives to the rule which
accomplish the stated objectives of applicable statutes and which
minimize any significant economic impact of the proposed rule on
small entities.
The Regulatory Secretariat Division has submitted a copy of the
IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the IRFA may be obtained from the Regulatory
Secretariat Division. DoD, GSA, and NASA invite comments from small
business concerns and other interested parties on the expected impact
of this proposed rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by the
proposed rule consistent with 5 U.S.C. 610. Interested parties must
submit such comments separately and should cite 5 U.S.C. 610 (FAR Case
2015-005), in correspondence.
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies. The
proposed rule contains information collection requirements. OMB has
cleared this information collection requirement under OMB Control
Number 9000-0159; Central Contractor Registration. GSA has submitted a
request to OMB to change the name of the collection to ``System for
Award Management Registration.'' That request is pending.
List of Subjects in 48 CFR Parts 2, 4, 7, 9, 12, 13, 17, 18, 19,
22, 25, 26, 28, 32, 44, and 52
Government procurement.
[[Page 31897]]
Dated: May 17, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA are proposing to amend 48 CFR parts
2, 4, 7, 9, 12, 13, 17, 18, 19, 22, 25, 26, 28, 32, 44, and 52, as set
forth below:
0
1. The authority citation for 48 CFR parts 2, 4, 7, 9, 12, 13, 17, 18,
19, 22, 25, 26, 28, 32, 44, and 52 continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 2--DEFINITIONS OF WORDS AND TERMS
2.101 [Amended]
0
2. Amend section 2.101 in paragraph (b) by removing from the definition
``Disaster Response Registry'', ``https://www.acquisition.gov'' and
adding ``https://www.sam.gov'' in its place.
PART 4--ADMINISTRATIVE MATTERS
0
3. Amend section 4.605 by revising the introductory text of paragraph
(c)(2) to read as follows.
4.605 Procedures.
* * * * *
(c) * * *
(2) Authorized generic DUNS numbers, maintained by the Integrated
Award Environment (IAE) Business Operations Division program office
(https://www.sam.gov), may be used to report contracts in lieu of the
contractor's actual DUNS number only for--
* * * * *
0
4. Amend section 4.1102 by--
0
a. Revising the introductory text of paragraph (a);
0
b. Redesignate paragraph (c) as paragraph (d);
0
c. Adding a new paragraph (c); and
0
d. Revising newly redesignated paragraph (d)(1)(i).
The revisions read as follows.
4.1102 Policy.
(a) Prospective contractors shall be registered in the SAM database
at the time an offer or quote is submitted in order to comply with the
annual representations and certifications requirements (see FAR subpart
4.12) of a contract or agreement, except for--
* * * * *
(c) Contracting officers shall use the legal business name or
``doing business as'' name and physical address from the contractor's
SAM registration for the provided DUNS number to identify the
contractor in Schedule A of the contract, similar sections of non-
uniform contract formats and agreements, and all corresponding forms
and data exchanges. Contracting officers shall make no changes to the
data from SAM.
(d)(1)(i) If a contractor has legally changed its business name or
``doing business as'' name (whichever is shown on the contract), or has
transferred the assets used in performing the contract, but has not
completed the necessary requirements regarding novation and change-of-
name agreements in subpart 42.12, the contractor shall provide the
responsible contracting officer a minimum of one business day's written
notification of its intention to: Change the name in the SAM database;
comply with the requirements of subpart 42.12; and agree in writing to
the timeline and procedures specified by the responsible contracting
officer. The contractor must provide with the notification sufficient
documentation to support the legally changed name.
* * * * *
0
5. Revise section 4.1103 to read as follows:
4.1103 Procedures.
(a) Unless the acquisition is exempt under 4.1102, the contracting
officer--
(1) Shall verify that the prospective contractor is registered in
the SAM database (see paragraph (b) of this section) at the time of
offer or quote submission;
(2) Should use the DUNS number or, if applicable, the DUNS+4
number, to verify SAM registration--
(i) Via the Internet via https://www.sam.gov;
(ii) As otherwise provided by agency procedures; and
(3) Need not verify SAM registration before placing an order or
call if the contract or agreement includes the provision at 52.204-7
System for Award Management, or the clause at 52.212-4 Contract Terms
and Conditions--Commercial Items, or a similar agency clause, except
when use of the Governmentwide commercial purchase card is contemplated
as a method of payment. (See 32.1108(b)(2)).
(b) If the contract action is being awarded pursuant to
4.1102(a)(5), or in a manner that considers other such instances of
urgency, the contractor shall be registered in the SAM database within
30 days after contract award, or at least three days prior to
submission of the first invoice, whichever occurs first.
(c) Agencies shall protect against improper disclosure of
Contractor or offeror SAM information.
(d) The contracting officer shall, on contractual documents
transmitted to the payment office, provide the DUNS number, or, if
applicable, the DUNS+4, in accordance with agency procedures.
4.1104 [Amended]
0
6. Amend section 4.1104 by removing from the paragraph ``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place.
4.1200 [Amended]
0
7. Amend section 4.1200 by removing from the introductory text ``System
for Award Management (SAM)'' and adding ``System for Award Management
(SAM) database'' in its place.
4.1201 [Amended]
0
8. Amend section 4.1201 by--
0
a. Removing from paragraph (a) ``https://www.acquisition.gov'' and
adding ``https://www.sam.gov'' in its place; and
0
b. Removing from paragraph (b)(1) ``shall update'' and adding ``shall
review and update'' in its place.
PART 7--ACQUISITION PLANNING
7.103 [Amended]
0
9. Removing from paragraph (y) ``https://www.acquisition.gov'' and
adding ``https://www.sam.gov'' in its place.
PART 9--CONTRACTOR QUALIFICATIONS
0
10. Amend section 9.404 by--
0
a. Revising the section heading;
0
b. Revising paragraph (a)(1);
0
c. Removing from the introductory text of paragraph (b) ``The SAM
Exclusions'' and adding ``An exclusion record in SAM'' in its place;
0
d. Removing from paragraph (b)(1) ``of all contractors debarred'' and
adding ``of the contractor debarred'' in its place;
0
e. Revising paragraph (c); and
0
f. Removing from paragraph (d) ``https://www.acquisition.gov and adding
``https://www.sam.gov'' in its place.
The revisions read as follows:
9.404 Exclusions in the System for Award Management.
(a) * * *
(1) Operates the web-based System for Award Management (SAM) which
contains Exclusions records; and
* * * * *
(c) Each agency must--
(1) Identify the individual(s) responsible for entering and
updating exclusions data in SAM and assign the appropriate roles in
SAM;
(2) Remove the exclusion roles in SAM when the individual leaves
the organization or changes functions;
[[Page 31898]]
(3) For each Exclusion accomplished by the Agency enter the
information required by paragraph (b) of this section within 3 working
days after the action becomes effective;
(4) For each Exclusion accomplished by the Agency determine whether
it is legally permitted to enter the SSN, EIN, or other TIN, under
agency authority to suspend or debar;
(5) For each Exclusion accomplished by the Agency update the
exclusion record in the SAM database, generally within 5 working days
after modifying or rescinding an action;
(6) In accordance with internal retention procedures, maintain
records relating to each debarment, suspension, or proposed debarment
taken by the agency;
(7) Establish procedures to ensure that the agency does not solicit
offers from, award contracts to, or consent to subcontracts with
contractors who have an active exclusion record in the SAM database,
except as otherwise provided in this subpart;
(8) Direct inquiries concerning listed contractors to the agency or
other authority that took the action; and
(9) Contact GSA for technical assistance with SAM, via the support
email address or on the technical support phone line available at the
SAM Web site provided in paragraph (d) of this section.
* * * * *
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.301 [Amended]
0
11. Removing from paragraphs (d)(1) and (2) ``registered in SAM'' and
adding ``registered in the SAM database'' in their places,
respectively.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.102 [Amended]
0
12. Amend section 13.102 by removing from paragraph (a) ``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place.
PART 17--SPECIAL CONTRACTING METHODS
0
13. Amend section 17.207 by revising paragraph (c)(5) to read as
follows.
17.207 Exercise of options.
* * * * *
(c) * * *
(5) The contractor does not have an active exclusion record in the
System for Award Management Exclusions database (see FAR 9.405-1);
* * * * *
PART 18--EMERGENCY ACQUISITIONS
0
14. Revise section 18.102 to read as follows.
18.102 System for Award Management.
Contractors are not required to be registered in the System for
Award Management (SAM) database for contracts awarded to support
unusual or compelling needs or emergency operations (see 4.1102).
However, contractors are required to be registered in the SAM database
in order to gain access to the Disaster Response Registry. Contracting
officers shall consult the Disaster Response Registry via https://www.sam.gov to determine the availability of contractors for debris
removal, distribution of supplies, reconstruction, and other disaster
or emergency relief activities inside the United States and outlying
areas. (See 26.205).
PART 19--SMALL BUSINESS PROGRAMS
19.307 [Amended]
0
15. Amend section 19.307 by removing from paragraph (i)(3)(iii)
``(SAM)'' and adding ``(SAM) database'' in its place; and removing from
paragraph (i)(5)(iii) ``designation in SAM'' and adding ``designation
in the SAM database'' in its place.
19.308 [Amended]
0
16. Amend section 19.308 by removing from paragraph (i)(3)(iii)
``(SAM)'' and adding ``(SAM) database'' in its place; and removing from
paragraph (i)(5)(iii) ``designation in SAM'' and adding ``designation
in the SAM database'' in its place.
19.1503 [Amended]
0
17. Amend section 19.1503 by removing from paragraph (b)(1) ``(SAM)''
and adding ``(SAM) database'' in its place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
18. Amend section 22.1025 by revising the first sentence of the text to
read as follows.
22.1025 Ineligibility of violators.
Persons or firms found to be in violation of the Service Contract
Labor Standards statute will have an active exclusion record contained
in the System for Award Management Exclusions database (see 9.404). * *
*
PART 25--FOREIGN ACQUISITION
0
19. Amend section 25.703-3 by revising paragraph (a) to read as
follows.
25.703-3 Prohibition on contracting with entities that export
sensitive technology to Iran.
(a) The head of an executive agency may not enter into or extend a
contract for the procurement of goods or services with a person that
exports certain sensitive technology to Iran, as determined by the
President and is listed as being excluded in the System for Award
Management database (see via https://www.sam.gov) (22 U.S.C. 8515).
* * * * *
PART 26--OTHER SOCIOECONOMIC PROGRAMS
26.205 [Amended]
0
20. Amended section 26.205 by removing from paragraphs (a) and (b)
``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in
their places.
PART 28--BONDS AND INSURANCE
0
21. Amend section 28.203-7 by revising paragraph (c); and removing from
paragraph (d) ``(see 9.404) unless'' and adding ``(see 9.404), unless''
in its place.
The revision reads as follows:
28.203-7 Exclusion of individual sureties.
* * * * *
(c) An individual surety excluded pursuant to this subsection shall
be entered in the System for Award Management Exclusions (see 9.404).
* * * * *
PART 32--CONTRACT FINANCING
32.805 [Amended]
0
22. Amend section 32.805 by removing from paragraph (d)(4)
``Management'' and adding ``Management database'' in its place.
32.1108 [Amended]
0
23. Amend section 32.1108 by removing from paragraph (b)(2)(i)
``(SAM)'' and adding ``(SAM) database'' in its place; and removing from
paragraph (b)(2)(ii) ``SAM indicates'' and adding ``SAM database
indicates'' in its place.
0
24. Amend section 32.1110 by revising the introductory text of
paragraph (a)(1) to read as follows:
32.1110 Solicitation provision and contract clauses.
(a) * * *
(1) 52.232-33, Payment by Electronic Funds Transfer--System for
Award
[[Page 31899]]
Management, in solicitations and contracts that include the provision
at 52.204-7, System for Award Management or an agency clause that
requires a contractor to be registered in the SAM database and maintain
registration until final payment, unless--
* * * * *
PART 44--SUBCONTRACTING POLICIES AND PROCEDURES
0
25. Amend section 44.202-2 by revising paragraph (a)(13) to read as
follows:
44.202-2 Considerations.
(a) * * *
(13) Is the proposed subcontractor listed as being excluded in the
System for Award Management database (see subpart 9.4)?
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
26. Amend section 52.204-7 by--
0
a. Revising the date of the provision;
0
b. Revising paragraph (b)(1);
0
c. Removing from paragraph (c)(2)(i) ``legal business.'' and adding
``legal business name.'' in its place;
0
d. Revising paragraph (d);
0
e. Removing paragraphs (e) and (f); and
0
f. Revising the date of Alternate I and paragraph (b)(1) of Alternate
I.
The revisions read as follows.
52.204-7 System for Award Management.
* * * * *
System for Award System (Date)
* * * * *
(b)(1) By submission of an offer, the offeror acknowledges that the
offeror is registered in the SAM database and the requirement that a
prospective awardee shall continue to be registered at time of award,
during performance, and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement
resulting from this solicitation.
* * * * *
(d) Processing time, which normally takes 48 hours, should be taken
into consideration when registering. Offerors who are not registered in
the SAM database should consider applying for registration immediately
upon receipt of this solicitation. See https://www.sam.gov for
information on registration.
* * * * *
Alternate I (Date). * * *
(b)(1) By submission of an offer, the offeror acknowledges that the
offeror is registered in the SAM database and the requirement that a
prospective awardee shall continue to be registered at time of award,
during performance, and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement
resulting from this solicitation.
0
27. Amend section 52.204-8 by--
0
a. Revising the date of the provision,
0
b. Removing from the introductory text of paragraph (b)(2) ``Management
(SAM),'' and adding ``Management (SAM) database'' in its place; and
0
c. Removing from paragraph (d) ``https://www.acquisition.gov'' and
adding ``https://www.sam.gov'' in its place.
The revisions read as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations and Certifications (Date)
* * * * *
0
28. Amend section 52.204-13 by--
0
a. Revising the date of the clause;
0
b. Removing from the first sentence of paragraph (b) ``for the
accuracy'' and adding ``for currency, accuracy'' in its place; and
removing from the last sentence ``the SAM does'' and adding ``the SAM
database does'' in its place;
0
c. Revising the first sentence of the introductory text of paragraph
(c)(1)(i);
0
d. Removing from the second sentence of paragraph (c)(2) ``in the SAM''
and adding ``in the SAM database'' in its place; and
0
e. Removing from paragraph (d) ``https://www.acquisition.gov'' and
adding ``https://www.sam.gov'' in its place.
The revisions read as follows:
52.204-13 System for Award Management Maintenance.
* * * * *
System for Award Management Maintenance (Date)
* * * * *
(c) * * *
(1) * * *
(i) If a Contractor has legally changed its business name or doing
business as name (whichever is shown on the contract), or has
transferred the assets used in performing the contract, but has not
completed the necessary requirements regarding novation and change-of-
name agreements in subpart 42.12, the Contractor shall provide the
responsible Contracting Officer a minimum of one business day's written
notification of its intention to--
* * * * *
0
29. Amend section 52.209-7 by revising the date of the provision and
removing from paragraph (d) ``https://www.acquisition.gov'' and adding
``https://www.sam.gov'' in its place.
The revision reads as follows:
52.209-7 Information Regarding Responsibility Matters.
* * * * *
Information Regarding Responsibility Matters (Date)
* * * * *
0
30. Amend section 52.209-9 by revising the date of the clause and
removing from paragraph (a) ``https://www.acquisition.gov'' and adding
``https://www.sam.gov'' in its place.
The revision reads as follows:
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters.
* * * * *
Updates of Publicly Available Information Regarding Responsibility
Matters (Date)
* * * * *
0
31. Amend section 52.212-1 by revising the date of provision and
paragraph (k) to read as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items (Date)
* * * * *
(k) System for Award Management. Unless exempted by an addendum to
this solicitation, by submission of an offer, the offeror acknowledges
that the offeror is registered in the SAM database and the requirement
that a prospective awardee shall continue to be registered at time of
award, during performance and through final payment of any contract
resulting from this solicitation. If the Offeror is not registered in
the SAM database prior to award of the contract, except in instances of
urgency (see 4.1102(a)(5), the Contracting Officer will proceed to
award to the next otherwise successful registered Offeror. Offerors may
obtain information on registration and annual confirmation requirements
via the SAM database accessed through https://www.sam.gov.
* * * * *
0
32. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing from the introductory text of the provision ``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place;
0
c. Revising paragraph (b)(2); and
0
d. Removing from the introductory text of paragraph (p) ``registered in
SAM'' and adding ``registered in the SAM database'' in its place.
The revision reads as follows:
[[Page 31900]]
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (Date)
* * * * *
(b) * * *
(2) The offeror has completed the annual representations and
certifications electronically via the SAM Web site accessed through
https://www.sam.gov. After reviewing the SAM database information, the
offeror verifies by submission of this offer that the representations
and certifications currently posted electronically at FAR 52.212-3,
Offeror Representations and Certifications--Commercial Items, have been
entered or updated in the last 12 months, are current, accurate,
complete, and applicable to this solicitation (including the business
size standard applicable to the NAICS code referenced for this
solicitation), at the time an offer is submitted and are incorporated
in this offer by reference (see FAR 4.1201), except for paragraphs ___.
[Offeror to identify the applicable paragraphs at (c) through (r) of
this provision that the offeror has completed for the purposes of this
solicitation only, if any.
These amended representation(s) and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete as
of the date of this offer.
Any changes provided by the offeror are applicable to this
solicitation only, and do not result in an update to the
representations and certifications posted electronically on SAM.]
* * * * *
0
33. Amend section 52.212-4 by--
0
a. Revising the date of the clause;
0
b. Revising paragraphs (t)(1) and (t)(2)(i);
0
c. Removing from paragraph (t)(4) ``https://www.acquisition.gov'' and
adding ``https://www.sam.gov'' in its place; and
0
d. Removing from paragraph (v) ``System for Award Management (SAM)''
and adding ``SAM database'' in its place.
The revised text reads as follows:
52.212-4 Contract Terms and Conditions--Commercial Items.
* * * * *
Contract Terms and Conditions--Commercial Items (Date)
* * * * *
(t) * * * (1) Unless exempted by an addendum to this contract, the
Contractor is responsible during performance and through final payment
of any contract for the currency, accuracy and completeness of the data
within the SAM database, and for any liability resulting from the
Government's reliance on inaccurate or incomplete data. To remain
registered in the SAM database after the initial registration, the
Contractor is required to review and update on an annual basis from the
date of initial registration or subsequent updates, its information in
the SAM database to ensure it is current, accurate and complete.
Updating information in the SAM does not alter the terms and conditions
of this contract and is not a substitute for a properly executed
contractual document.
(2)(i) If a Contractor has legally changed its business name or
``doing business as'' name (whichever is shown on the contract), or has
transferred the assets used in performing the contract, but has not
completed the necessary requirements regarding novation and change-of-
name agreements in FAR subpart 42.12, the Contractor shall provide the
responsible Contracting Officer a minimum of one business day's written
notification of its intention to: change the name in the SAM database;
comply with the requirements of subpart 42.12; and agree in writing to
the timeline and procedures specified by the responsible Contracting
Officer. The Contractor must provide with the notification sufficient
documentation to support the legally changed name.
* * * * *
[FR Doc. 2016-11977 Filed 5-19-16; 8:45 am]
BILLING CODE 6820-EP-P
