Federal Acquisition Regulation; Technical Amendments, 45866-45868 [2016-16249]

Download as PDF Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations Ms. Hada Flowers, Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202– 501–4755. Please cite FAC 2005–89, Technical Amendments. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2016–16248 Filed 7–13–16; 8:45 a.m.] BILLING CODE 6820–14–C DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION In order to update certain elements in 48 CFR parts 4 and 52 this document makes editorial changes to the FAR. SUPPLEMENTARY INFORMATION: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION List of Subjects in 48 CFR Parts 4 and 52 48 CFR Parts 4 and 52 [FAC 2005–89; Item V; Docket No. 2016– 0052; Sequence No. 3] Government procurement. Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. mstockstill on DSK3G9T082PROD with RULES2 AGENCY: This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes. DATES: Effective: July 14, 2016. SUMMARY: VerDate Sep<11>2014 18:51 Jul 13, 2016 Jkt 238001 Dated: June 30, 2016. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 4 and 52, as set forth below: 1. The authority citation for 48 CFR parts 4 and 52 continues to read as follow: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 PART 4—ADMINISTRATIVE MATTERS 2. Amend section 4.1801 by revising the definition of ‘‘Commercial and Government Entity (CAGE) code’’ to read as follows: ■ 4.1801 Definitions. * * * * * Commercial and Government Entity (CAGE) code means– (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. E:\FR\FM\14JYR2.SGM 14JYR2 ER14JY16.013</GPH> 45866 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 3. Amend section 4.1803 by revising paragraph (b) to read as follows: ■ 4.1803 Verifying CAGE codes prior to award. * * * * * (b) For entities not required to be registered in SAM, the contracting officer shall validate the CAGE code using the CAGE code search feature at https://cage.dla.mil. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Amend section 52.204–16 by— a. Revising the date of the provision; b. In paragraph (a), revising the definition of ‘‘Commercial and Government Entity (CAGE) code’’; ■ c. Removing from paragraph (c)(1) the word ‘‘Contractor’’ and adding ‘‘Commercial’’ in its place; and ■ d. Revising paragraphs (c)(2) and (3), and (d). The revisions read as follows: ■ ■ ■ 52.204–16 Commercial and Government Entity Code Reporting. * * * * * Commercial and Government Entity Code Reporting (Jul 2016) mstockstill on DSK3G9T082PROD with RULES2 * * * * * Commercial and Government Entity (CAGE) code means— (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. (c) * * * (2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil. (3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/ AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as VerDate Sep<11>2014 18:51 Jul 13, 2016 Jkt 238001 additional information on obtaining NCAGE codes, are available at http://www.nato.int/ structur/AC/135/main/links/contacts.htm. (d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil. * * * * * 5. Amend section 52.204–17 by— a. Revising the date of the provision; and ■ b. In paragraph (a), revising the definition of ‘‘Commercial and Government Entity (CAGE) code’’. The revisions read as follows: ■ ■ 52.204–17 Offeror. Ownership or Control of * * * * * Ownership or Control of Offeror (Jul 2016) * * * * * Commercial and Government Entity (CAGE) code means— (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. * * * * * 6. Amend section 52.204–18 by— a. Revising the date of the clause; b. In paragraph (a), revising the definition of ‘‘Commercial and Government Entity (CAGE) code’’; ■ c. Removing from paragraph (b) the word ‘‘DLA Contractor’’ and adding ‘‘DLA Commercial’’ in its place; and ■ d. Revising paragraphs (c) through (e); The revisions read as follows: ■ ■ ■ 52.204–18 Commercial and Government Entity Code Maintenance. * * * * * Commercial and Government Entity Code Maintenance (Jul 2016) * * * * Frm 00037 Fmt 4701 Sfmt 4700 Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. * * * * * (c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code. (d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http:// www.nato.int/structur/AC/135/main/links/ contacts.htm) or NSPA at https:// eportal.nspa.nato.int/AC135Public/scage/ CageList.aspx to request CAGE changes. (e) Additional guidance for maintaining CAGE codes is available at https:// cage.dla.mil. 7. Amend section 52.204–20 by— a. Revising the date of the provision; and ■ b. In paragraph (a), revising the definition ‘‘Commercial and Government Entity (CAGE) code’’. The revisions read as follows: ■ ■ 52.204–20 Predecessor of Offeror. * * * * * Predecessor of Offeror (Jul 2016) * * * * * Commercial and Government Entity (CAGE) code means— (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. * * * * * 8. Amend section 52.212–3 by revising the date of the provision, and removing from the introductory text ‘‘Web site accessed through http:// www.acquisition.gov’’ and adding ‘‘Web site located at https://www.sam.gov/ portal’’ in its place. The revision reads as follows: ■ * Commercial and Government Entity (CAGE) code means— (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and PO 00000 45867 52.212–3 Offeror Representations and Certifications—Commercial Items. * E:\FR\FM\14JYR2.SGM * * 14JYR2 * * 45868 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations Offeror Representations and Certifications—Commercial Items (Jul 2016) * * * * * [FR Doc. 2016–16249 Filed 7–13–16; 8:45 am] DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION BILLING CODE 6820–EP–P 48 CFR Chapter 1 [Docket No. FAR 2016–0051, Sequence No. 3] Federal Acquisition Regulation; Federal Acquisition Circular 2005–89; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. AGENCY: This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in SUMMARY: accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2005–89, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005–89, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. DATES: July 14, 2016. For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005–89 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755. FOR FURTHER INFORMATION CONTACT: RULES LISTED IN FAC 2005–89 Item Subject FAR Case *I ........................ II ........................ III ....................... *IV ..................... V ........................ Small Business Subcontracting Improvements ............................................................. OMB Circular Citation Update ....................................................................................... FPI Blanket Waiver Threshold ....................................................................................... Revision to Standard Forms for Bonds ......................................................................... Technical Amendments ................................................................................................. 2014–003 2014–023 2016–008 2015–025 ........................ mstockstill on DSK3G9T082PROD with RULES2 SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these rules, refer to the specific item numbers and subjects set forth in the documents following these item summaries. FAC 2005–89 amends the FAR as follows: Item I—Small Business Subcontracting Improvements (FAR Case 2014–003) This final rule amends the FAR to implement SBA’s final rule published at 78 FR 42391 on July 16, 2013. The rule will implement the statutory requirements set forth in section 1321 and 1322 of the Small Business Jobs Act of 2010, (Pub. L. 111–240), as well as other requirements aimed at improving subcontracting regulations to increase small business opportunities. This rule accomplishes the following: (1) Requires prime contractors to make good faith efforts to utilize their proposed small business subcontractors during performance of a contract to the same degree the prime contractor relied on the small business in preparing and submitting its bid or proposal. To the extent a prime contractor is unable to make a good faith effort to utilize its small business subcontractors as VerDate Sep<11>2014 18:51 Jul 13, 2016 Jkt 238001 described above, the prime contractor is required to explain, in writing, within 30 days of contract completion, to the contracting officer the reasons why it was unable to do so. (2) Authorizes contracting officers to calculate subcontracting goals in terms of total contract dollars in addition to the required goals in terms of total subcontracted dollars. (3) Provides contracting officers with the discretion to require a subcontracting plan in instances where a small business rerepresents its size as an other than small business. (4) Requires subcontracting plans even for modifications under the subcontracting plan threshold if said modifications would cause the contract to exceed the plan threshold. (5) Requires prime contractors to assign North American Industry Classification System (NAICS) codes to subcontracts. (6) Restricts prime contractors from prohibiting a subcontractor from discussing payment or utilization matters with the contracting officer. (7) Requires prime contractors to resubmit a corrected subcontracting report within 30 days of receiving the PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 Analyst Uddowla. Hopkins. Uddowla. Hopkins. contracting officer’s notice of report rejection. (8) Requires prime contractors to provide the socioeconomic status of the subcontractor in the notification to unsuccessful offerors for subcontracts. (9) Requires prime contracts with subcontracting plans on task and delivery order contracts to report order level subcontracting information after November 2017. (10) Facilitates funding agencies receiving small business subcontracting credit. (11) On indefinite-delivery, indefinite-quantity contracts, allows the contracting officer to establish subcontracting goals at the order level (but not a new subcontracting plan). This rule may have a positive economic impact on any small business entity that wishes to participate in the Federal procurement arena as a subcontractor. Item II—OMB Circular Citation Update (FAR Case 2014–023) This final rule amends the FAR to update outdated OMB Circular citation references. On December 26, 2013, the Office of Management and Budget (OMB) published new guidance at 2 E:\FR\FM\14JYR2.SGM 14JYR2

Agencies

[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45866-45868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16249]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4 and 52

[FAC 2005-89; Item V; Docket No. 2016-0052; Sequence No. 3]


Federal Acquisition Regulation; Technical Amendments

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

ACTION: Final rule.

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

SUMMARY: This document makes amendments to the Federal Acquisition 
Regulation (FAR) in order to make editorial changes.

DATES: Effective: July 14, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Hada Flowers, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, 
DC 20405, 202-501-4755. Please cite FAC 2005-89, Technical Amendments.

SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 
CFR parts 4 and 52 this document makes editorial changes to the FAR.

List of Subjects in 48 CFR Parts 4 and 52

    Government procurement.

    Dated: June 30, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 4 and 52, as set 
forth below:

0
1. The authority citation for 48 CFR parts 4 and 52 continues to read 
as follow:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 4--ADMINISTRATIVE MATTERS

0
2. Amend section 4.1801 by revising the definition of ``Commercial and 
Government Entity (CAGE) code'' to read as follows:


4.1801  Definitions.

* * * * *
    Commercial and Government Entity (CAGE) code means-
    (1) An identifier assigned to entities located in the United States 
or its outlying areas by the Defense Logistics Agency (DLA) Commercial 
and Government Entity (CAGE) Branch to identify a commercial or 
government entity; or
    (2) An identifier assigned by a member of the North Atlantic Treaty 
Organization (NATO) or by the NATO Support and Procurement Agency 
(NSPA) to entities located outside the United States and its outlying 
areas that the DLA Commercial and Government Entity (CAGE) Branch 
records and maintains in the CAGE master file. This type of code is 
known as a NATO CAGE (NCAGE) code.


[[Page 45867]]



0
3. Amend section 4.1803 by revising paragraph (b) to read as follows:


4.1803  Verifying CAGE codes prior to award.

* * * * *
    (b) For entities not required to be registered in SAM, the 
contracting officer shall validate the CAGE code using the CAGE code 
search feature at https://cage.dla.mil.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Amend section 52.204-16 by--
0
a. Revising the date of the provision;
0
b. In paragraph (a), revising the definition of ``Commercial and 
Government Entity (CAGE) code'';
0
c. Removing from paragraph (c)(1) the word ``Contractor'' and adding 
``Commercial'' in its place; and
0
d. Revising paragraphs (c)(2) and (3), and (d).
    The revisions read as follows:


52.204-16  Commercial and Government Entity Code Reporting.

* * * * *

Commercial and Government Entity Code Reporting (Jul 2016)

* * * * *

    Commercial and Government Entity (CAGE) code means--
    (1) An identifier assigned to entities located in the United 
States or its outlying areas by the Defense Logistics Agency (DLA) 
Commercial and Government Entity (CAGE) Branch to identify a 
commercial or government entity; or
    (2) An identifier assigned by a member of the North Atlantic 
Treaty Organization (NATO) or by the NATO Support and Procurement 
Agency (NSPA) to entities located outside the United States and its 
outlying areas that the DLA Commercial and Government Entity (CAGE) 
Branch records and maintains in the CAGE master file. This type of 
code is known as a NATO CAGE (NCAGE) code.
    (c) * * *
    (2) The DLA Commercial and Government Entity (CAGE) Branch. If 
registration in SAM is not required for the subject procurement, and 
the offeror does not otherwise register in SAM, an offeror located 
in the United States or its outlying areas may request that a CAGE 
code be assigned by submitting a request at https://cage.dla.mil.
    (3) The appropriate country codification bureau. Entities 
located outside the United States and its outlying areas may obtain 
an NCAGE code by contacting the Codification Bureau in the foreign 
entity's country if that country is a member of NATO or a sponsored 
nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign 
entity's country is not a member of NATO or a sponsored nation. 
Points of contact for codification bureaus, as well as additional 
information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
    (d) Additional guidance for establishing and maintaining CAGE 
codes is available at https://cage.dla.mil.
* * * * *


0
5. Amend section 52.204-17 by--
0
a. Revising the date of the provision; and
0
b. In paragraph (a), revising the definition of ``Commercial and 
Government Entity (CAGE) code''.
    The revisions read as follows:


52.204-17  Ownership or Control of Offeror.

* * * * *

Ownership or Control of Offeror (Jul 2016)

* * * * *

    Commercial and Government Entity (CAGE) code means--
    (1) An identifier assigned to entities located in the United 
States or its outlying areas by the Defense Logistics Agency (DLA) 
Commercial and Government Entity (CAGE) Branch to identify a 
commercial or government entity; or
    (2) An identifier assigned by a member of the North Atlantic 
Treaty Organization (NATO) or by the NATO Support and Procurement 
Agency (NSPA) to entities located outside the United States and its 
outlying areas that the DLA Commercial and Government Entity (CAGE) 
Branch records and maintains in the CAGE master file. This type of 
code is known as a NATO CAGE (NCAGE) code.

* * * * *


0
6. Amend section 52.204-18 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), revising the definition of ``Commercial and 
Government Entity (CAGE) code'';
0
c. Removing from paragraph (b) the word ``DLA Contractor'' and adding 
``DLA Commercial'' in its place; and
0
d. Revising paragraphs (c) through (e);
    The revisions read as follows:


52.204-18  Commercial and Government Entity Code Maintenance.

* * * * *

Commercial and Government Entity Code Maintenance (Jul 2016)

* * * * *

    Commercial and Government Entity (CAGE) code means--
    (1) An identifier assigned to entities located in the United 
States or its outlying areas by the Defense Logistics Agency (DLA) 
Commercial and Government Entity (CAGE) Branch to identify a 
commercial or government entity; or
    (2) An identifier assigned by a member of the North Atlantic 
Treaty Organization (NATO) or by the NATO Support and Procurement 
Agency (NSPA) to entities located outside the United States and its 
outlying areas that the DLA Commercial and Government Entity (CAGE) 
Branch records and maintains in the CAGE master file. This type of 
code is known as a NATO CAGE (NCAGE) code.
* * * * *
    (c) Contractors located in the United States or its outlying 
areas that are not registered in SAM shall submit written change 
requests to the DLA Commercial and Government Entity (CAGE) Branch. 
Requests for changes shall be provided at https://cage.dla.mil. 
Change requests to the CAGE master file are accepted from the entity 
identified by the code.
    (d) Contractors located outside the United States and its 
outlying areas that are not registered in SAM shall contact the 
appropriate National Codification Bureau (points of contact 
available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.
    (e) Additional guidance for maintaining CAGE codes is available 
at https://cage.dla.mil.



0
7. Amend section 52.204-20 by--
0
a. Revising the date of the provision; and
0
b. In paragraph (a), revising the definition ``Commercial and 
Government Entity (CAGE) code''.
    The revisions read as follows:


52.204-20  Predecessor of Offeror.

* * * * *

Predecessor of Offeror (Jul 2016)

* * * * *

    Commercial and Government Entity (CAGE) code means--
    (1) An identifier assigned to entities located in the United 
States or its outlying areas by the Defense Logistics Agency (DLA) 
Commercial and Government Entity (CAGE) Branch to identify a 
commercial or government entity; or
    (2) An identifier assigned by a member of the North Atlantic 
Treaty Organization (NATO) or by the NATO Support and Procurement 
Agency (NSPA) to entities located outside the United States and its 
outlying areas that the DLA Commercial and Government Entity (CAGE) 
Branch records and maintains in the CAGE master file. This type of 
code is known as a NATO CAGE (NCAGE) code.
* * * * *



0
8. Amend section 52.212-3 by revising the date of the provision, and 
removing from the introductory text ``Web site accessed through http://www.acquisition.gov'' and adding ``Web site located at https://
www.sam.gov/portal'' in its place.
    The revision reads as follows:


52.212-3  Offeror Representations and Certifications--Commercial Items.

* * * * *

[[Page 45868]]

Offeror Representations and Certifications--Commercial Items (Jul 2016)

* * * * *
[FR Doc. 2016-16249 Filed 7-13-16; 8:45 am]
BILLING CODE 6820-EP-P