Federal Acquisition Regulation; Technical Amendments, 45866-45868 [2016-16249]
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Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations
Ms.
Hada Flowers, Regulatory Secretariat
Division (MVCB), 1800 F Street NW.,
2nd Floor, Washington, DC 20405, 202–
501–4755. Please cite FAC 2005–89,
Technical Amendments.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2016–16248 Filed 7–13–16; 8:45 a.m.]
BILLING CODE 6820–14–C
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
In order to
update certain elements in 48 CFR parts
4 and 52 this document makes editorial
changes to the FAR.
SUPPLEMENTARY INFORMATION:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
List of Subjects in 48 CFR Parts 4 and
52
48 CFR Parts 4 and 52
[FAC 2005–89; Item V; Docket No. 2016–
0052; Sequence No. 3]
Government procurement.
Federal Acquisition Regulation;
Technical Amendments
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
mstockstill on DSK3G9T082PROD with RULES2
AGENCY:
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
editorial changes.
DATES: Effective: July 14, 2016.
SUMMARY:
VerDate Sep<11>2014
18:51 Jul 13, 2016
Jkt 238001
Dated: June 30, 2016.
William Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 4 and 52, as set
forth below:
1. The authority citation for 48 CFR
parts 4 and 52 continues to read as
follow:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
PO 00000
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PART 4—ADMINISTRATIVE MATTERS
2. Amend section 4.1801 by revising
the definition of ‘‘Commercial and
Government Entity (CAGE) code’’ to
read as follows:
■
4.1801
Definitions.
*
*
*
*
*
Commercial and Government Entity
(CAGE) code means–
(1) An identifier assigned to entities
located in the United States or its
outlying areas by the Defense Logistics
Agency (DLA) Commercial and
Government Entity (CAGE) Branch to
identify a commercial or government
entity; or
(2) An identifier assigned by a
member of the North Atlantic Treaty
Organization (NATO) or by the NATO
Support and Procurement Agency
(NSPA) to entities located outside the
United States and its outlying areas that
the DLA Commercial and Government
Entity (CAGE) Branch records and
maintains in the CAGE master file. This
type of code is known as a NATO CAGE
(NCAGE) code.
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45866
Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations
3. Amend section 4.1803 by revising
paragraph (b) to read as follows:
■
4.1803 Verifying CAGE codes prior to
award.
*
*
*
*
*
(b) For entities not required to be
registered in SAM, the contracting
officer shall validate the CAGE code
using the CAGE code search feature at
https://cage.dla.mil.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
4. Amend section 52.204–16 by—
a. Revising the date of the provision;
b. In paragraph (a), revising the
definition of ‘‘Commercial and
Government Entity (CAGE) code’’;
■ c. Removing from paragraph (c)(1) the
word ‘‘Contractor’’ and adding
‘‘Commercial’’ in its place; and
■ d. Revising paragraphs (c)(2) and (3),
and (d).
The revisions read as follows:
■
■
■
52.204–16 Commercial and Government
Entity Code Reporting.
*
*
*
*
*
Commercial and Government Entity
Code Reporting (Jul 2016)
mstockstill on DSK3G9T082PROD with RULES2
*
*
*
*
*
Commercial and Government Entity
(CAGE) code means—
(1) An identifier assigned to entities
located in the United States or its outlying
areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE)
Branch to identify a commercial or
government entity; or
(2) An identifier assigned by a member of
the North Atlantic Treaty Organization
(NATO) or by the NATO Support and
Procurement Agency (NSPA) to entities
located outside the United States and its
outlying areas that the DLA Commercial and
Government Entity (CAGE) Branch records
and maintains in the CAGE master file. This
type of code is known as a NATO CAGE
(NCAGE) code.
(c) * * *
(2) The DLA Commercial and Government
Entity (CAGE) Branch. If registration in SAM
is not required for the subject procurement,
and the offeror does not otherwise register in
SAM, an offeror located in the United States
or its outlying areas may request that a CAGE
code be assigned by submitting a request at
https://cage.dla.mil.
(3) The appropriate country codification
bureau. Entities located outside the United
States and its outlying areas may obtain an
NCAGE code by contacting the Codification
Bureau in the foreign entity’s country if that
country is a member of NATO or a sponsored
nation. NCAGE codes may be obtained from
the NSPA at https://eportal.nspa.nato.int/
AC135Public/scage/CageList.aspx if the
foreign entity’s country is not a member of
NATO or a sponsored nation. Points of
contact for codification bureaus, as well as
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18:51 Jul 13, 2016
Jkt 238001
additional information on obtaining NCAGE
codes, are available at https://www.nato.int/
structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing
and maintaining CAGE codes is available at
https://cage.dla.mil.
*
*
*
*
*
5. Amend section 52.204–17 by—
a. Revising the date of the provision;
and
■ b. In paragraph (a), revising the
definition of ‘‘Commercial and
Government Entity (CAGE) code’’.
The revisions read as follows:
■
■
52.204–17
Offeror.
Ownership or Control of
*
*
*
*
*
Ownership or Control of Offeror (Jul
2016)
*
*
*
*
*
Commercial and Government Entity
(CAGE) code means—
(1) An identifier assigned to entities
located in the United States or its outlying
areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE)
Branch to identify a commercial or
government entity; or
(2) An identifier assigned by a member of
the North Atlantic Treaty Organization
(NATO) or by the NATO Support and
Procurement Agency (NSPA) to entities
located outside the United States and its
outlying areas that the DLA Commercial and
Government Entity (CAGE) Branch records
and maintains in the CAGE master file. This
type of code is known as a NATO CAGE
(NCAGE) code.
*
*
*
*
*
6. Amend section 52.204–18 by—
a. Revising the date of the clause;
b. In paragraph (a), revising the
definition of ‘‘Commercial and
Government Entity (CAGE) code’’;
■ c. Removing from paragraph (b) the
word ‘‘DLA Contractor’’ and adding
‘‘DLA Commercial’’ in its place; and
■ d. Revising paragraphs (c) through (e);
The revisions read as follows:
■
■
■
52.204–18 Commercial and Government
Entity Code Maintenance.
*
*
*
*
*
Commercial and Government Entity
Code Maintenance (Jul 2016)
*
*
*
*
Frm 00037
Fmt 4701
Sfmt 4700
Procurement Agency (NSPA) to entities
located outside the United States and its
outlying areas that the DLA Commercial and
Government Entity (CAGE) Branch records
and maintains in the CAGE master file. This
type of code is known as a NATO CAGE
(NCAGE) code.
*
*
*
*
*
(c) Contractors located in the United States
or its outlying areas that are not registered in
SAM shall submit written change requests to
the DLA Commercial and Government Entity
(CAGE) Branch. Requests for changes shall be
provided at https://cage.dla.mil. Change
requests to the CAGE master file are accepted
from the entity identified by the code.
(d) Contractors located outside the United
States and its outlying areas that are not
registered in SAM shall contact the
appropriate National Codification Bureau
(points of contact available at https://
www.nato.int/structur/AC/135/main/links/
contacts.htm) or NSPA at https://
eportal.nspa.nato.int/AC135Public/scage/
CageList.aspx to request CAGE changes.
(e) Additional guidance for maintaining
CAGE codes is available at https://
cage.dla.mil.
7. Amend section 52.204–20 by—
a. Revising the date of the provision;
and
■ b. In paragraph (a), revising the
definition ‘‘Commercial and
Government Entity (CAGE) code’’.
The revisions read as follows:
■
■
52.204–20
Predecessor of Offeror.
*
*
*
*
*
Predecessor of Offeror (Jul 2016)
*
*
*
*
*
Commercial and Government Entity
(CAGE) code means—
(1) An identifier assigned to entities
located in the United States or its outlying
areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE)
Branch to identify a commercial or
government entity; or
(2) An identifier assigned by a member of
the North Atlantic Treaty Organization
(NATO) or by the NATO Support and
Procurement Agency (NSPA) to entities
located outside the United States and its
outlying areas that the DLA Commercial and
Government Entity (CAGE) Branch records
and maintains in the CAGE master file. This
type of code is known as a NATO CAGE
(NCAGE) code.
*
*
*
*
*
8. Amend section 52.212–3 by
revising the date of the provision, and
removing from the introductory text
‘‘Web site accessed through https://
www.acquisition.gov’’ and adding ‘‘Web
site located at https://www.sam.gov/
portal’’ in its place.
The revision reads as follows:
■
*
Commercial and Government Entity
(CAGE) code means—
(1) An identifier assigned to entities
located in the United States or its outlying
areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE)
Branch to identify a commercial or
government entity; or
(2) An identifier assigned by a member of
the North Atlantic Treaty Organization
(NATO) or by the NATO Support and
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45867
52.212–3 Offeror Representations and
Certifications—Commercial Items.
*
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*
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*
45868
Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations
Offeror Representations and
Certifications—Commercial Items (Jul
2016)
*
*
*
*
*
[FR Doc. 2016–16249 Filed 7–13–16; 8:45 am]
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
BILLING CODE 6820–EP–P
48 CFR Chapter 1
[Docket No. FAR 2016–0051, Sequence
No. 3]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–89;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
AGENCY:
This document is issued
under the joint authority of DOD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
SUMMARY:
accordance with section 212 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. It consists of a
summary of the rules appearing in
Federal Acquisition Circular (FAC)
2005–89, which amends the Federal
Acquisition Regulation (FAR). An
asterisk (*) next to a rule indicates that
a regulatory flexibility analysis has been
prepared. Interested parties may obtain
further information regarding these
rules by referring to FAC 2005–89,
which precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
DATES:
July 14, 2016.
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2005–89 and the
FAR case number. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
FOR FURTHER INFORMATION CONTACT:
RULES LISTED IN FAC 2005–89
Item
Subject
FAR Case
*I ........................
II ........................
III .......................
*IV .....................
V ........................
Small Business Subcontracting Improvements .............................................................
OMB Circular Citation Update .......................................................................................
FPI Blanket Waiver Threshold .......................................................................................
Revision to Standard Forms for Bonds .........................................................................
Technical Amendments .................................................................................................
2014–003
2014–023
2016–008
2015–025
........................
mstockstill on DSK3G9T082PROD with RULES2
SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these rules, refer
to the specific item numbers and
subjects set forth in the documents
following these item summaries. FAC
2005–89 amends the FAR as follows:
Item I—Small Business Subcontracting
Improvements (FAR Case 2014–003)
This final rule amends the FAR to
implement SBA’s final rule published at
78 FR 42391 on July 16, 2013. The rule
will implement the statutory
requirements set forth in section 1321
and 1322 of the Small Business Jobs Act
of 2010, (Pub. L. 111–240), as well as
other requirements aimed at improving
subcontracting regulations to increase
small business opportunities. This rule
accomplishes the following:
(1) Requires prime contractors to
make good faith efforts to utilize their
proposed small business subcontractors
during performance of a contract to the
same degree the prime contractor relied
on the small business in preparing and
submitting its bid or proposal. To the
extent a prime contractor is unable to
make a good faith effort to utilize its
small business subcontractors as
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18:51 Jul 13, 2016
Jkt 238001
described above, the prime contractor is
required to explain, in writing, within
30 days of contract completion, to the
contracting officer the reasons why it
was unable to do so.
(2) Authorizes contracting officers to
calculate subcontracting goals in terms
of total contract dollars in addition to
the required goals in terms of total
subcontracted dollars.
(3) Provides contracting officers with
the discretion to require a
subcontracting plan in instances where
a small business rerepresents its size as
an other than small business.
(4) Requires subcontracting plans
even for modifications under the
subcontracting plan threshold if said
modifications would cause the contract
to exceed the plan threshold.
(5) Requires prime contractors to
assign North American Industry
Classification System (NAICS) codes to
subcontracts.
(6) Restricts prime contractors from
prohibiting a subcontractor from
discussing payment or utilization
matters with the contracting officer.
(7) Requires prime contractors to
resubmit a corrected subcontracting
report within 30 days of receiving the
PO 00000
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Analyst
Uddowla.
Hopkins.
Uddowla.
Hopkins.
contracting officer’s notice of report
rejection.
(8) Requires prime contractors to
provide the socioeconomic status of the
subcontractor in the notification to
unsuccessful offerors for subcontracts.
(9) Requires prime contracts with
subcontracting plans on task and
delivery order contracts to report order
level subcontracting information after
November 2017.
(10) Facilitates funding agencies
receiving small business subcontracting
credit.
(11) On indefinite-delivery,
indefinite-quantity contracts, allows the
contracting officer to establish
subcontracting goals at the order level
(but not a new subcontracting plan).
This rule may have a positive
economic impact on any small business
entity that wishes to participate in the
Federal procurement arena as a
subcontractor.
Item II—OMB Circular Citation Update
(FAR Case 2014–023)
This final rule amends the FAR to
update outdated OMB Circular citation
references. On December 26, 2013, the
Office of Management and Budget
(OMB) published new guidance at 2
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]]>Agencies
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45866-45868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16249]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4 and 52
[FAC 2005-89; Item V; Docket No. 2016-0052; Sequence No. 3]
Federal Acquisition Regulation; Technical Amendments
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes amendments to the Federal Acquisition
Regulation (FAR) in order to make editorial changes.
DATES: Effective: July 14, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Hada Flowers, Regulatory
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington,
DC 20405, 202-501-4755. Please cite FAC 2005-89, Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to update certain elements in 48
CFR parts 4 and 52 this document makes editorial changes to the FAR.
List of Subjects in 48 CFR Parts 4 and 52
Government procurement.
Dated: June 30, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 4 and 52, as set
forth below:
0
1. The authority citation for 48 CFR parts 4 and 52 continues to read
as follow:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 4--ADMINISTRATIVE MATTERS
0
2. Amend section 4.1801 by revising the definition of ``Commercial and
Government Entity (CAGE) code'' to read as follows:
4.1801 Definitions.
* * * * *
Commercial and Government Entity (CAGE) code means-
(1) An identifier assigned to entities located in the United States
or its outlying areas by the Defense Logistics Agency (DLA) Commercial
and Government Entity (CAGE) Branch to identify a commercial or
government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty
Organization (NATO) or by the NATO Support and Procurement Agency
(NSPA) to entities located outside the United States and its outlying
areas that the DLA Commercial and Government Entity (CAGE) Branch
records and maintains in the CAGE master file. This type of code is
known as a NATO CAGE (NCAGE) code.
[[Page 45867]]
0
3. Amend section 4.1803 by revising paragraph (b) to read as follows:
4.1803 Verifying CAGE codes prior to award.
* * * * *
(b) For entities not required to be registered in SAM, the
contracting officer shall validate the CAGE code using the CAGE code
search feature at https://cage.dla.mil.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 52.204-16 by--
0
a. Revising the date of the provision;
0
b. In paragraph (a), revising the definition of ``Commercial and
Government Entity (CAGE) code'';
0
c. Removing from paragraph (c)(1) the word ``Contractor'' and adding
``Commercial'' in its place; and
0
d. Revising paragraphs (c)(2) and (3), and (d).
The revisions read as follows:
52.204-16 Commercial and Government Entity Code Reporting.
* * * * *
Commercial and Government Entity Code Reporting (Jul 2016)
* * * * *
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United
States or its outlying areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE) Branch to identify a
commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic
Treaty Organization (NATO) or by the NATO Support and Procurement
Agency (NSPA) to entities located outside the United States and its
outlying areas that the DLA Commercial and Government Entity (CAGE)
Branch records and maintains in the CAGE master file. This type of
code is known as a NATO CAGE (NCAGE) code.
(c) * * *
(2) The DLA Commercial and Government Entity (CAGE) Branch. If
registration in SAM is not required for the subject procurement, and
the offeror does not otherwise register in SAM, an offeror located
in the United States or its outlying areas may request that a CAGE
code be assigned by submitting a request at https://cage.dla.mil.
(3) The appropriate country codification bureau. Entities
located outside the United States and its outlying areas may obtain
an NCAGE code by contacting the Codification Bureau in the foreign
entity's country if that country is a member of NATO or a sponsored
nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign
entity's country is not a member of NATO or a sponsored nation.
Points of contact for codification bureaus, as well as additional
information on obtaining NCAGE codes, are available at https://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE
codes is available at https://cage.dla.mil.
* * * * *
0
5. Amend section 52.204-17 by--
0
a. Revising the date of the provision; and
0
b. In paragraph (a), revising the definition of ``Commercial and
Government Entity (CAGE) code''.
The revisions read as follows:
52.204-17 Ownership or Control of Offeror.
* * * * *
Ownership or Control of Offeror (Jul 2016)
* * * * *
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United
States or its outlying areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE) Branch to identify a
commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic
Treaty Organization (NATO) or by the NATO Support and Procurement
Agency (NSPA) to entities located outside the United States and its
outlying areas that the DLA Commercial and Government Entity (CAGE)
Branch records and maintains in the CAGE master file. This type of
code is known as a NATO CAGE (NCAGE) code.
* * * * *
0
6. Amend section 52.204-18 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), revising the definition of ``Commercial and
Government Entity (CAGE) code'';
0
c. Removing from paragraph (b) the word ``DLA Contractor'' and adding
``DLA Commercial'' in its place; and
0
d. Revising paragraphs (c) through (e);
The revisions read as follows:
52.204-18 Commercial and Government Entity Code Maintenance.
* * * * *
Commercial and Government Entity Code Maintenance (Jul 2016)
* * * * *
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United
States or its outlying areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE) Branch to identify a
commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic
Treaty Organization (NATO) or by the NATO Support and Procurement
Agency (NSPA) to entities located outside the United States and its
outlying areas that the DLA Commercial and Government Entity (CAGE)
Branch records and maintains in the CAGE master file. This type of
code is known as a NATO CAGE (NCAGE) code.
* * * * *
(c) Contractors located in the United States or its outlying
areas that are not registered in SAM shall submit written change
requests to the DLA Commercial and Government Entity (CAGE) Branch.
Requests for changes shall be provided at https://cage.dla.mil.
Change requests to the CAGE master file are accepted from the entity
identified by the code.
(d) Contractors located outside the United States and its
outlying areas that are not registered in SAM shall contact the
appropriate National Codification Bureau (points of contact
available at https://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.
(e) Additional guidance for maintaining CAGE codes is available
at https://cage.dla.mil.
0
7. Amend section 52.204-20 by--
0
a. Revising the date of the provision; and
0
b. In paragraph (a), revising the definition ``Commercial and
Government Entity (CAGE) code''.
The revisions read as follows:
52.204-20 Predecessor of Offeror.
* * * * *
Predecessor of Offeror (Jul 2016)
* * * * *
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United
States or its outlying areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE) Branch to identify a
commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic
Treaty Organization (NATO) or by the NATO Support and Procurement
Agency (NSPA) to entities located outside the United States and its
outlying areas that the DLA Commercial and Government Entity (CAGE)
Branch records and maintains in the CAGE master file. This type of
code is known as a NATO CAGE (NCAGE) code.
* * * * *
0
8. Amend section 52.212-3 by revising the date of the provision, and
removing from the introductory text ``Web site accessed through https://www.acquisition.gov'' and adding ``Web site located at https://
www.sam.gov/portal'' in its place.
The revision reads as follows:
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
[[Page 45868]]
Offeror Representations and Certifications--Commercial Items (Jul 2016)
* * * * *
[FR Doc. 2016-16249 Filed 7-13-16; 8:45 am]
BILLING CODE 6820-EP-P
