Federal Acquisition Regulation; Clarification of Standard Form 26-Award/Contract, 18322-18324 [2011-7369]

Download as PDF 18322 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations [FR Doc. 2011–7368 Filed 3–31–11; 8:45 am] BILLING CODE 6820–EP–C DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 53 [FAC 2005–51; FAR Case 2009–029; Item II; Docket 2010–0096, Sequence 1] RIN 9000–AL72 Federal Acquisition Regulation; Clarification of Standard Form 26— Award/Contract Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to include clarifications to Standard Form (SF) 26, Award/Contract. This revised form includes changes above blocks 17 and 18 and in block 18 to clarify that block 18 should not be used when awarding a negotiated procurement and should only be checked when awarding a sealed bid contract. DATES: Effective Date: May 2, 2011. FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement Analyst, at (202) 208–4949 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–51, FAR Case 2009–029. SUPPLEMENTARY INFORMATION: SUMMARY: jlentini on DSKJ8SOYB1PROD with RULES2 I. Background DoD, GSA, and NASA published a proposed rule in the Federal Register at 75 FR 54560 on September 8, 2010, to clarify the use of blocks 17 and 18 of the Standard Form (SF) 26, Award/Contract. VerDate Mar<15>2010 16:58 Mar 31, 2011 Jkt 223001 FAR 53.214(a) prescribes the SF 26 for use in contracting for supplies and services by sealed bidding (except for construction and architect-engineer services). The SF 26 is used to award sealed bid contracts after obtaining bids using a SF 33, Solicitation, Offer, and Award. FAR 14.408–1(d)(1) specifies that, if an offer made using a SF 33 leads to further changes, the resulting contract must be prepared as a bilateral document using the SF 26. Agencies identified instances in which contracting officers mistakenly checked block 18 when awarding negotiated, not sealed bid contracts, which created the potential for disputes between the agency and contractors. The clarifications provided on the form for when to use blocks 17 and 18 should eliminate this issue. The changes will not prevent contracting officers from using block 17 of the SF 26 to award negotiated procurements; it will clarify to contracting officers the proper use of block 17 and block 18 and prohibit the use of block 18 of the SF 26 when awarding negotiated procurements. This final rule clarifies the use of block 18 on the SF 26, Award/Contract, and references the new form at FAR 53.214(a) and 53.215–1(a). No respondents submitted comments on the proposed rule. II. Executive Order 12866 and 13563 This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. In accordance with Executive Order 13563, Improving Regulation and Regulatory Review, dated January 18, 2011, DoD, GSA, and NASA determined that this rule is not excessively burdensome to the public, and is consistent with FAR drafting conventions. III. Regulatory Flexibility Act The Department of Defense, the General Services Administration, and PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 the National Aeronautics and Space Administration certify that this final rule will not 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 it is solely a clarification for the benefit of Government contracting officers and does not make any substantive changes to current policy. IV. Paperwork Reduction Act The final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 53 Government procurement. Dated: March 24, 2011. Millisa Gary, Acting Director, Office of Governmentwide Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 53 as set forth below: PART 53—FORMS 1. The authority citation for 48 CFR part 53 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 53.214 [Amended] 2. Amend section 53.214 by removing from paragraph (a) ‘‘SF 26 (APR 2008)’’ and adding ‘‘SF 26 (Rev. 5/2011)’’ in its place. ■ 53.215–1 [Amended] 3. Amend section 53.215–1 by removing from paragraph (a) ‘‘SF 26 (APR 2008)’’ and adding ‘‘SF 26 (Rev. 5/ 2011)’’ in its place. ■ 4. Revise section 53.301–26 to read as follows: ■ 53.301–26 Award/Contract. BILLING CODE 6820–EP–P E:\FR\FM\01APR2.SGM 01APR2 VerDate Mar<15>2010 16:58 Mar 31, 2011 Jkt 223001 PO 00000 Frm 00021 Fmt 4701 Sfmt 9990 E:\FR\FM\01APR2.SGM 01APR2 18323 ER01AP11.000</GPH> jlentini on DSKJ8SOYB1PROD with RULES2 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations 18324 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations and National Aeronautics and Space Administration (NASA). [FR Doc. 2011–7369 Filed 3–31–11; 8:45 am] BILLING CODE 6820–EP–C ACTION: DEPARTMENT OF DEFENSE Small Entity Compliance Guide. This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005–51, which amend 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 2005–51, which SUMMARY: GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2011–0077, Sequence 3] Federal Acquisition Regulation; Federal Acquisition Circular 2005–51; Small Entity Compliance Guide Department of Defense (DOD), General Services Administration (GSA), AGENCIES: precedes this document. These documents are also available via the Internet at http://www.regulations.gov. For effective dates see separate documents, which follow. DATES: The analyst whose name appears in the table below. Please cite FAC 2005–51 and the specific FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. FOR FURTHER INFORMATION CONTACT: LIST OF RULES IN FAC 2005–51 Item Subject *I ....................................... II ........................................ Women-Owned Small Business Program (Interim) (WOSB) ................................ Clarification of Standard Form 26—Award/Contract ............................................. SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these FAR cases, refer to the specific item numbers and subject set forth in the documents following these item summaries. FAC 2005–51 amends the FAR as specified below: Item I—Women-Owned Small Business (WOSB) Program (FAR Case 2010–015) (Interim) jlentini on DSKJ8SOYB1PROD with RULES2 This interim rule amends the FAR to add subpart 19.15, Women-Owned Small Business Program, which will assist Federal agencies in achieving the 5 percent statutory goal for contracting with women-owned small business (WOSB) concerns. Agencies may restrict competition to economically disadvantaged womenowned small business (EDWOSB) concerns for contracts assigned a North American Industry Classification VerDate Mar<15>2010 16:58 Mar 31, 2011 Jkt 223001 FAR case Systems (NAICS) code in an industry in which the Small Business Administration has determined that WOSB concerns are underrepresented in Federal procurement. For NAICS code industries where WOSB concerns are not just underrepresented, but substantially underrepresented, agencies may restrict competition to WOSB concerns eligible under the WOSB Program. EDWOSB concerns and WOSB concerns eligible under the WOSB Program must be owned and controlled by one or more women who are citizens of the United States. An EDWOSB concern is automatically a WOSB concern eligible under the WOSB Program. Item II—Clarification of Standard Form 26—Award/Contract (FAR Case 2009– 029) Frm 00022 Fmt 4701 Sfmt 9990 Morgan. Jackson. Standard Form (SF) 26, Award/Contract, above blocks 17 and 18 and in block 18 to clarify that block 18 should not be used when awarding a negotiated procurement and should only be checked when awarding a sealed bid contract. The changes will not prevent contracting officers from using block 17 of the SF 26 when awarding negotiated procurements in which the signature of both parties, on a single document, is required; it will only prohibit them from using block 18 of the SF 26 when awarding negotiated procurements. Dated: March 24, 2011. Millisa Gary, Acting Director, Office of Governmentwide Acquisition Policy. [FR Doc. 2011–7370 Filed 3–31–11; 8:45 am] BILLING CODE 6820–EP–P This final rule amends the FAR to revise FAR part 53 to amend the PO 00000 2010–015 2009–029 Analyst E:\FR\FM\01APR2.SGM 01APR2

Agencies

[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18322-18324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7369]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 53

[FAC 2005-51; FAR Case 2009-029; Item II; Docket 2010-0096, Sequence 1]
RIN 9000-AL72


Federal Acquisition Regulation; Clarification of Standard Form 
26--Award/Contract

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

ACTION: Final rule.

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

SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to include clarifications to 
Standard Form (SF) 26, Award/Contract. This revised form includes 
changes above blocks 17 and 18 and in block 18 to clarify that block 18 
should not be used when awarding a negotiated procurement and should 
only be checked when awarding a sealed bid contract.

DATES: Effective Date: May 2, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement 
Analyst, at (202) 208-4949 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-51, FAR 
Case 2009-029.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 75 FR 54560 on September 8, 2010, to clarify the use of 
blocks 17 and 18 of the Standard Form (SF) 26, Award/Contract.
    FAR 53.214(a) prescribes the SF 26 for use in contracting for 
supplies and services by sealed bidding (except for construction and 
architect-engineer services). The SF 26 is used to award sealed bid 
contracts after obtaining bids using a SF 33, Solicitation, Offer, and 
Award. FAR 14.408-1(d)(1) specifies that, if an offer made using a SF 
33 leads to further changes, the resulting contract must be prepared as 
a bilateral document using the SF 26. Agencies identified instances in 
which contracting officers mistakenly checked block 18 when awarding 
negotiated, not sealed bid contracts, which created the potential for 
disputes between the agency and contractors. The clarifications 
provided on the form for when to use blocks 17 and 18 should eliminate 
this issue.
    The changes will not prevent contracting officers from using block 
17 of the SF 26 to award negotiated procurements; it will clarify to 
contracting officers the proper use of block 17 and block 18 and 
prohibit the use of block 18 of the SF 26 when awarding negotiated 
procurements. This final rule clarifies the use of block 18 on the SF 
26, Award/Contract, and references the new form at FAR 53.214(a) and 
53.215-1(a).
    No respondents submitted comments on the proposed rule.

II. Executive Order 12866 and 13563

    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.
    In accordance with Executive Order 13563, Improving Regulation and 
Regulatory Review, dated January 18, 2011, DoD, GSA, and NASA 
determined that this rule is not excessively burdensome to the public, 
and is consistent with FAR drafting conventions.

III. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not 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 it is solely a 
clarification for the benefit of Government contracting officers and 
does not make any substantive changes to current policy.

IV. Paperwork Reduction Act

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

List of Subjects in 48 CFR Part 53

    Government procurement.

    Dated: March 24, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
    Therefore, DoD, GSA, and NASA amend 48 CFR part 53 as set forth 
below:

PART 53--FORMS

0
1. The authority citation for 48 CFR part 53 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).


53.214  [Amended]

0
2. Amend section 53.214 by removing from paragraph (a) ``SF 26 (APR 
2008)'' and adding ``SF 26 (Rev. 5/2011)'' in its place.


53.215-1  [Amended]

0
3. Amend section 53.215-1 by removing from paragraph (a) ``SF 26 (APR 
2008)'' and adding ``SF 26 (Rev. 5/2011)'' in its place.
0
4. Revise section 53.301-26 to read as follows:


53.301-26  Award/Contract.

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