Federal Acquisition Regulation: System for Award Management Registration, 31895-31900 [2016-11977]

Download as PDF 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. mstockstill on DSK3G9T082PROD with PROPOSALS 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. VerDate Sep<11>2014 17:17 May 19, 2016 Jkt 238001 31895 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 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: http:// 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 http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement SUMMARY: E:\FR\FM\20MYP1.SGM 20MYP1 31896 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules 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: mstockstill on DSK3G9T082PROD with PROPOSALS 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 VerDate Sep<11>2014 17:17 May 19, 2016 Jkt 238001 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 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 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. E:\FR\FM\20MYP1.SGM 20MYP1 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. mstockstill on DSK3G9T082PROD with PROPOSALS 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, VerDate Sep<11>2014 17:17 May 19, 2016 Jkt 238001 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 PO 00000 31897 Sfmt 4702 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; E:\FR\FM\20MYP1.SGM 20MYP1 31898 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules (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 VerDate Sep<11>2014 17:17 May 19, 2016 Jkt 238001 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). * * * PO 00000 Frm 00031 Fmt 4702 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 http://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. mstockstill on DSK3G9T082PROD with PROPOSALS 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 Sfmt 4702 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 E:\FR\FM\20MYP1.SGM 20MYP1 31899 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules 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 ‘‘http:// 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: E:\FR\FM\20MYP1.SGM 20MYP1 31900 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 http:// 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 http://www.regulations.gov at Docket Number FWS–R1–ES–2013–0028, from the Pacific Islands Fish and Wildlife Office’s Web site (http://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: http:// 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 http://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 20MYP1

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: http://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 http://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 http://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 ``http://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 
http://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