Federal Acquisition Regulation: Administrative Cost To Issue and Administer a Contract, 29514-29515 [2016-11177]

Download as PDF 29514 Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Proposed Rules (k) Other FAA AD Provisions (l) Related Information jstallworth on DSK7TPTVN1PROD with PROPOSALS (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015–0018, dated February 5, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2015–0077. (2) For service information identified in this AD, contact ATR—GIE Avions de ´ ´ Transport Regional, 1, Allee Pierre Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; email continued.airworthiness@atr.fr; Internet http://www.aerochain.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on May 4, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–11096 Filed 5–11–16; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 13:23 May 11, 2016 schedules, contact the Regulatory Secretariat Division at 202–501–4755. Please cite FAR Case 2016–003. SUPPLEMENTARY INFORMATION: DEPARTMENT OF DEFENSE The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1137; fax: 425–227–1149. Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM– 116, Transport Airplane Directorate, FAA; or EASA; or ATR—GIE Avions de Transport ´ Regional’s EASA DOA. If approved by the DOA, the approval must include the DOAauthorized signature. Jkt 238001 GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 14 and 52 [FAR Case 2016–003; Docket No. 2016– 0003, Sequence No. 1] RIN 9000–AN21 Federal Acquisition Regulation: Administrative Cost To Issue and Administer a Contract 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 revise the estimated administrative cost to award and administer a contract, for the purpose of evaluating bids for multiple awards. DATES: Interested parties should submit written comments to the Regulatory Secretariat Division at one of the addresses shown below on or before July 11, 2016 to be considered in the formation of the final rule. ADDRESSES: Submit comments in response to FAR case 2016–003 by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘FAR Case 2016–003’’. Select the link ‘‘Comment Now’’ that corresponds with ‘‘FAR Case 2016– 003.’’ Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘FAR Case 2016–003’’ 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 2016–003, in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. 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 SUMMARY: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 I. Background DoD, GSA, and NASA are proposing to revise the provision of the FAR that addresses the Government’s cost to award and administer a contract, for the purpose of evaluating bids for multiple awards. The FAR provision at 52.214– 22, Evaluation of Bids for Multiple Awards, which was issued in March 1990, reflects that $500 is the administrative cost to the Government for issuing and administering contracts. Based on inflation factors and escalating annual Consumer Price Index (CPI) data available, an upward adjustment of $500 in the provision to $1,000 is a realistic reflection of the actual cost to the Government. We used the CPI calculator at the following web address, http:// data.bls.gov/cgi-bin/cpicalc.pl, to calculate the upward adjustment. We plugged in the base line year 1990 and $500 and it came up with $907.00, and we rounded up to $1,000. This cost will be reviewed periodically and updated as deemed appropriate. II. Discussion and Analysis Amendments to FAR subparts 14.2 and 52.2 are proposed by this rulemaking. A monetary adjustment is proposed for FAR 14.201–8, Price Related Factors, and clause 52.214–22, Evaluation of Bids for Multiple Awards. The adjustment from $500 to $1,000 is to reflect a realistic estimate of the cost to the Government to issue and administer a contract. III. 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 E:\FR\FM\12MYP1.SGM 12MYP1 Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Proposed Rules economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. However, an Initial Regulatory Flexibility Analysis (IRFA) has been performed. The IRFA is summarized as follows: FAR 14.201–8 and 52.214–22, Evaluation of Bids for Multiple Awards, reflect that $500 is the administrative cost to the Government for issuing and administering contracts. The rule is necessary to reestablish a more realistic estimate of the cost to award and administer a contract, for the purpose of evaluating bids for multiple awards. The current cost to award and administer a contract has not changed since 1990. The objective of this rule is to revise FAR 14.201–8 and 52.214–22, Evaluation of Bids for Multiple Awards, to include an inflation adjustment based on Consumer Price Index (CPI), http://data.bls.gov/cgi-bin/ cpicalc.pldata, since 1990. The adjustment will change the estimated cost to award and administer a contract from $500 to $1,000. According to the Federal Procurement Data System, in Fiscal Year 2015, the Federal Government made approximately 2,019 definitive contract awards to small businesses using sealed bidding procedures and 103 indefinite-delivery contract awards to small businesses using sealed bidding procedures, 12 of which were multiple awards. DoD, GSA, and NASA do not expect this 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 pertains to Government administrative expenses only. There will be no burden on small businesses because this rule change does not place any new requirement on small entities. List of Subjects in 48 CFR Parts 14 and 52 Government procurement. 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 14 and 52, as set forth below: 1. The authority citation for 48 CFR parts 14 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 14—SEALED BIDDING 2. Amend section 14.201–8 by revising the introductory text and removing from paragraph (c) the term ‘‘$500’’ and adding ‘‘$1,000’’ in its place. The revision reads as follows. ■ 14.201–8 Price related factors. The factors set forth in paragraphs (a) through (e) of this section may be applicable in evaluation of bids for award and shall be included in the solicitation when applicable (see 14.201–5(c)): * * * * * PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Amend section 52.214–22 by revising the date of the provision and removing from the paragraph the term ‘‘$500’’ and adding ‘‘$1,000’’ in its place. The revision reads as follows: jstallworth on DSK7TPTVN1PROD with PROPOSALS ■ 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 rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the 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 2016–003), in correspondence. 52.214–22 Awards. Evaluation of Bids for Multiple * * * * * Evaluation of Bids for Multiple Awards (Date) * * * * * [FR Doc. 2016–11177 Filed 5–11–16; 8:45 am] BILLING CODE 6820–EP–P VI. Paperwork Reduction Act This proposed 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). VerDate Sep<11>2014 13:23 May 11, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 29515 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 [Docket No. 160413329–6329–01] RIN 0648–XE571 Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List the Taiwanese Humpback Dolphin as Threatened or Endangered Under the Endangered Species Act National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: 90-day petition finding, request for information. AGENCY: We, NMFS, announce a 90day finding on a petition to list the Taiwanese humpback dolphin (Sousa chinensis taiwanensis) range-wide as threatened or endangered under the Endangered Species Act (ESA). We find that the petition and information in our files present substantial scientific or commercial information indicating that the petitioned action may be warranted for the Taiwanese humpback dolphin. We will conduct a status review of the species to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to the species from any interested party. DATES: Information and comments on the subject action must be received by July 11, 2016. ADDRESSES: You may submit comments, information, or data on this document, identified by the code NOAA–NMFS– 2016–0041, by either of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20160041. Click the ‘‘Comment Now’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Chelsey Young, NMFS Office of Protected Resources (F/PR3), 1315 East West Highway, Silver Spring, MD 20910, USA. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public SUMMARY: E:\FR\FM\12MYP1.SGM 12MYP1

Agencies

[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Proposed Rules]
[Pages 29514-29515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11177]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 14 and 52

[FAR Case 2016-003; Docket No. 2016-0003, Sequence No. 1]
RIN 9000-AN21


Federal Acquisition Regulation: Administrative Cost To Issue and 
Administer a Contract

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 revise the estimated administrative 
cost to award and administer a contract, for the purpose of evaluating 
bids for multiple awards.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat Division at one of the addresses shown below on 
or before July 11, 2016 to be considered in the formation of the final 
rule.

ADDRESSES: Submit comments in response to FAR case 2016-003 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2016-003''. Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2016-003.'' Follow the instructions provided on the screen. Please 
include your name, company name (if any), and ``FAR Case 2016-003'' 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 2016-
003, in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

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 Division at 202-501-4755. Please cite FAR Case 2016-003.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are proposing to revise the provision of the FAR 
that addresses the Government's cost to award and administer a 
contract, for the purpose of evaluating bids for multiple awards. The 
FAR provision at 52.214-22, Evaluation of Bids for Multiple Awards, 
which was issued in March 1990, reflects that $500 is the 
administrative cost to the Government for issuing and administering 
contracts. Based on inflation factors and escalating annual Consumer 
Price Index (CPI) data available, an upward adjustment of $500 in the 
provision to $1,000 is a realistic reflection of the actual cost to the 
Government. We used the CPI calculator at the following web address, 
http://data.bls.gov/cgi-bin/cpicalc.pl, to calculate the upward 
adjustment. We plugged in the base line year 1990 and $500 and it came 
up with $907.00, and we rounded up to $1,000. This cost will be 
reviewed periodically and updated as deemed appropriate.

II. Discussion and Analysis

    Amendments to FAR subparts 14.2 and 52.2 are proposed by this 
rulemaking. A monetary adjustment is proposed for FAR 14.201-8, Price 
Related Factors, and clause 52.214-22, Evaluation of Bids for Multiple 
Awards. The adjustment from $500 to $1,000 is to reflect a realistic 
estimate of the cost to the Government to issue and administer a 
contract.

III. 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

[[Page 29515]]

economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. 
However, an Initial Regulatory Flexibility Analysis (IRFA) has been 
performed. The IRFA is summarized as follows:

    FAR 14.201-8 and 52.214-22, Evaluation of Bids for Multiple 
Awards, reflect that $500 is the administrative cost to the 
Government for issuing and administering contracts. The rule is 
necessary to reestablish a more realistic estimate of the cost to 
award and administer a contract, for the purpose of evaluating bids 
for multiple awards. The current cost to award and administer a 
contract has not changed since 1990.
    The objective of this rule is to revise FAR 14.201-8 and 52.214-
22, Evaluation of Bids for Multiple Awards, to include an inflation 
adjustment based on Consumer Price Index (CPI), http://data.bls.gov/cgi-bin/cpicalc.pldata, since 1990. The adjustment will change the 
estimated cost to award and administer a contract from $500 to 
$1,000.
    According to the Federal Procurement Data System, in Fiscal Year 
2015, the Federal Government made approximately 2,019 definitive 
contract awards to small businesses using sealed bidding procedures 
and 103 indefinite-delivery contract awards to small businesses 
using sealed bidding procedures, 12 of which were multiple awards.
    DoD, GSA, and NASA do not expect this 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 pertains to Government administrative 
expenses only.
    There will be no burden on small businesses because this rule 
change does not place any new requirement 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 rule on small entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the 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 2016-003), 
in correspondence.

VI. Paperwork Reduction Act

    This proposed 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 Parts 14 and 52

    Government procurement.

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 
14 and 52, as set forth below:

0
1. The authority citation for 48 CFR parts 14 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 14--SEALED BIDDING

0
2. Amend section 14.201-8 by revising the introductory text and 
removing from paragraph (c) the term ``$500'' and adding ``$1,000'' in 
its place.
    The revision reads as follows.


14.201-8  Price related factors.

    The factors set forth in paragraphs (a) through (e) of this section 
may be applicable in evaluation of bids for award and shall be included 
in the solicitation when applicable (see 14.201-5(c)):
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 52.214-22 by revising the date of the provision and 
removing from the paragraph the term ``$500'' and adding ``$1,000'' in 
its place.
    The revision reads as follows:


52.214-22  Evaluation of Bids for Multiple Awards.

* * * * *

Evaluation of Bids for Multiple Awards (Date)

* * * * *
[FR Doc. 2016-11177 Filed 5-11-16; 8:45 am]
 BILLING CODE 6820-EP-P