Federal Acquisition Regulation; Clarification of Standard Form 26-Award/Contract, 18322-18324 [2011-7369]
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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:
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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.
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16:58 Mar 31, 2011
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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
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Fmt 4701
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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
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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 https://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)
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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
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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)
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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]
-----------------------------------------------------------------------
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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[FR Doc. 2011-7369 Filed 3-31-11; 8:45 am]
BILLING CODE 6820-EP-C
