Federal Acquisition Regulation; Unique Identification of Entities Receiving Federal Awards, 67736-67763 [2016-23198]
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Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
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The interim rule, published at 80 FR
81888, on December 31, 2015, put the WOSB
Program on a level playing field with other
SBA Government contracting programs with
sole source authority and provided an
additional, needed tool for agencies to meet
the statutorily mandated goal of 5 percent of
the total value of all prime contract and
subcontract awards for WOSBs.
There were no significant issues raised by
the public in response to the Initial
Regulatory Flexibility Analysis provided in
the interim rule.
This rule may have a positive economic
impact on WOSB concerns. The Dynamic
Small Business Supplemental Search (DSBS)
lists approximately 41,500 firms as either
WOSBs or EDWOSBs under the WOSB
Program. An analysis of the Federal
Procurement Data System from April 1, 2011
(the implementation date of the WOSB
Program), through September 1, 2015,
revealed that there were approximately
17,353 women-owned small business
concerns that received obligated funds from
Federal contract awards, task or delivery
orders, and modifications to existing
contracts, in an industry where a WOSB or
EDWOSB sole source is authorized, and
where the contract is valued at or below the
thresholds for sole source contracts to
WOSBs or EDWOSBs. Of those 17,353
women-owned small business concerns, 328
EDWOSBs and 974 WOSBs were eligible to
participate in the WOSB Program (i.e.,
received set-asides under the WOSB
Program), and could have received sole
source awards. This rule could affect a
smaller number of EDWOSBs and WOSBs
than those eligible under the WOSB Program
since the sole source authority can only be
used where a contracting officer conducts
market research in an industry where a
WOSB or EDWOSB set-aside is authorized,
and cannot identify two or more eligible
EDWOSB or WOSB concerns that can
perform at a fair and reasonable price, but
identifies one WOSB or EDWOSB that can
perform. In addition, the sole source
authority for WOSBs and EDWOSBs is
limited to contracts valued at $6.5 million or
less for manufacturing contracts and $4
million or less for all other contracts.
This rule does not impose any new
reporting, recordkeeping or other compliance
requirements for small businesses. This rule
does not duplicate, overlap, or conflict with
any other Federal rules.
Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat Division. The Regulatory
Secretariat Division has submitted a
copy of the FRFA to the Chief Counsel
for Advocacy of the Small Business
Administration.
VI. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
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List of Subjects in 48 CFR Parts 2, 4, 6,
18, 19, and 52
Government procurement.
Dated: September 19, 2016.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Interim Rule Adopted as Final With
Change
Accordingly, the interim rule
amending 48 CFR parts 2, 4, 6, 18, 19,
and 52 which was published in the
Federal Register at 80 FR 81888, on
December 31, 2015, is adopted as a final
rule with the following change:
■
PART 19—SMALL BUSINESS
PROGRAMS
1. The authority citation for 48 CFR
part 19 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
19.1505
[Amended]
2. Amend section 19.1505 by
removing from paragraph (a)(1)
‘‘Program.’’ and adding ‘‘Program; and’’
in its place.
■
[FR Doc. 2016–23197 Filed 9–29–16; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 4, 9, 12, 19, 52, and 53
[FAC 2005–91; FAR Case 2015–022; Item
V; Docket No. 2015–0022, Sequence No. 1]
RIN 9000–AN00
Federal Acquisition Regulation;
Unique Identification of Entities
Receiving Federal Awards
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
redesignate the terminology for unique
identification of entities receiving
Federal awards. The change to the FAR
removes the proprietary standard or
number.
SUMMARY:
DATES:
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Effective: October 31, 2016.
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Ms.
Zenaida Delgado, Procurement Analyst,
at 202–969–7207 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755. Please cite FAC 2005–
91, FAR Case 2015–022.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
80 FR 72035 on November 18, 2015, to
redesignate the terminology for unique
identification of entities receiving
Federal awards. The change to the FAR
eliminates references to the proprietary
Data Universal Numbering System
(DUNS®) number, and provides
appropriate references to the Web site
where information on the unique entity
identifier used for Federal contractors
will be located. This final rule also
establishes definitions of ‘‘unique entity
identifier’’, and ‘‘electronic funds
transfer (EFT) indicator’’. Ten
respondents submitted comments on the
proposed rule.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the comments in the
development of the final rule. All ten
respondents agreed with the rule. No
changes were made to the rule as a
result of those comments. A discussion
of the comments is provided as follows:
A. Analysis of Public Comments
1. Alternatives to and Considerations for
the Evaluation of a Nonproprietary
Entity Identifier
Comment: Six respondents provided
an alternative to the current entity
identifier (e.g., Legal Entity Identifier
(LEI), Contractor and Government Entity
(CAGE) code) and four respondents
provided additional considerations for
the evaluation of alternatives for the
entity identifier.
Response: The scope of this rule is
limited to removing the proprietary
standard or number. The Office of
Management and Budget (OMB) and the
Department of Treasury, in
collaboration with the General Services
Administration and the Award
Committee for E-Government, are
establishing a process for considering
alternatives to existing entity identifiers,
including soliciting information about
viable options from and reaching out
about nonproprietary alternatives to all
sectors, including private companies,
nonprofits, and Federal Government
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providers. The analysis of the
alternatives for the entity identifier and
the analysis of considerations for the
evaluation of alternatives for the entity
identifier are beyond the scope of the
case. However, the FAR Council will
share these recommendations with the
agencies conducting the analysis and
implementing the changes.
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2. Challenges to Statements Made in the
Proposed Rule Federal Register
Preamble
Comment: One respondent believed
that the statement that the ‘‘current
requirement limits competition by using
a proprietary number and organization
to meet the identification need as well
as the need for other business
information associated with that
number’’ incorrectly suggests that the
business information is only accessible
through usage of the DUNS number.
This respondent also challenged the
assertion that the Government is not
currently in a position to move away
from use of the DUNS number in the
short term. This respondent
recommended that Government
agencies consider expanding their
acquisitions of business information
services through competitive
procurements.
Response: There is nothing in the
FAR linking business information
services to the use of the DUNS number.
Agencies are free to procure business
information services as deemed
appropriate. Regarding the short term
ability of the Government to move away
from the use of the DUNS number, the
Government is in the process of
determining requirements. The unique
entity identifier provides multiple
pieces of business information and
serves multiple functions. Analysis will
be conducted to ensure the replacement
satisfies the full range of information
needed. The Government is establishing
a process for considering alternatives to
existing entity identifiers, including
soliciting information about viable
options from and reaching out about
nonproprietary alternatives to all
sectors, including private companies,
nonprofits, and Federal government
providers. The analysis of alternatives is
anticipated to be completed in fiscal
year 2017. The scope of this rule is
limited to removing the proprietary
standard or number hence removing the
impediment in anticipation of the
change. The Government is interested in
reducing cost and that is the reason we
are pursuing this case.
Recommendations regarding business
information services are beyond the
scope of the case.
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B. Other Changes
Conforming changes were made to the
following forms: Standard Forms 294,
330, and 1447, and Optional Form 307.
These form changes will be made to be
‘‘Previous Edition Usable’’ in order to
avoid Government agencies and Federal
contractors having to make unnecessary
system changes to accommodate
nonsubstantive changes to forms.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared
a Final Regulatory Flexibility Analysis
(FRFA) consistent with the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. The
FRFA is summarized as follows:
The rule removes a proprietary standard or
number for the unique identification of
entities receiving Federal awards. The
current requirement limits competition by
using a proprietary number and organization
to meet the identification needs.
Unique identification of such entities is
critical to ensure Federal dollars are awarded
to responsible parties, awardees are paid in
a timely manner, and awards are
appropriately recorded and reported. This is
currently accomplished in the FAR by using
the proprietary Data Universal Numbering
System (DUNS®) number from Dun and
Bradstreet. This rule eliminates references to
the proprietary standard or number, and
provides appropriate references to the Web
site where information on the unique entity
identifier used for Federal contractors will be
designated. Although the Government does
not intend to move away from use of the
DUNS number in the short term, elimination
of regulatory references to a proprietary
entity identifier will provide opportunities
for future competition that can reduce costs
to taxpayers.
No public comments were submitted in
response to the initial regulatory flexibility
analysis.
The final rule is internal to the
Government and does not directly impose
any requirements on the vendor community.
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However, the rule may affect certain entities
if those entities have arranged certain of their
business systems to utilize, accept, or
otherwise recognize the existing unique
identifier (DUNS number) and should that
unique identifier be changed at some point
to another identifier. As of June 2015, there
were 380,092 unique and active DUNS
numbers designated in the System for Award
Management and attributed to Government
contracting.
There is no change to recordkeeping as a
result of this rule.
There are no known significant alternative
approaches to the rule that would meet the
requirements.
Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat. The Regulatory Secretariat
has submitted a copy of the FRFA to the
Chief Counsel for Advocacy of the Small
Business Administration.
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 2, 4, 9,
12, 19, 52, and 53
Government procurement.
Dated: September 19, 2016.
William F. 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 2, 4, 9, 12, 19, 52,
and 53 as set forth below:
■ 1. The authority citation for 48 CFR
parts 2, 4, 9, 12, 19, 52, and 53
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. Amend section 2.101, in paragraph
(b)(2) by—
■ a. Removing the definitions ‘‘Data
Universal Numbering System (DUNS)
number’’ and ‘‘Data Universal
Numbering System +4 (DUNS+4)
number’’;
■ b. Adding, in alphabetical order, the
definition ‘‘Electronic Funds Transfer
(EFT) indicator’’;
■ c. Revising paragraph (1) of the
definition ‘‘Registered in the System for
Award Management (SAM) database’’;
and
■ d. Adding, in alphabetical order, the
definition, ‘‘Unique entity identifier’’.
The revisions and additions read as
follows:
■
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2.101
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
Definitions.
*
*
*
*
*
(b) * * *
(2) * * *
Electronic Funds Transfer (EFT)
indicator means a four-character suffix
to the unique entity identifier. The
suffix is assigned at the discretion of the
commercial, nonprofit, or Government
entity to establish additional System for
Award Management records for
identifying alternative EFT accounts
(see subpart 32.11) for the same entity.
*
*
*
*
*
Registered in the System for Award
Management (SAM) database * * *
(1) The Contractor has entered all
mandatory information, including the
unique entity identifier and the
Electronic Funds Transfer indicator (if
applicable), the Commercial and
Government Entity (CAGE) code, as well
as data required by the Federal Funding
Accountability and Transparency Act of
2006 (see subpart 4.14), into the SAM
database;
*
*
*
*
*
Unique entity identifier means a
number or other identifier used to
identify a specific commercial,
nonprofit, or Government entity. See
www.sam.gov for the designated entity
for establishing unique entity
identifiers.
*
*
*
*
*
PART 4—ADMINISTRATIVE MATTERS
3. Amend section 4.601 by removing
the definition ‘‘Generic DUNS number’’
and adding, in alphabetical order, the
definition ‘‘Generic entity identifier’’ to
read as follows:
■
4.601
Definitions.
*
*
*
*
Generic entity identifier means a
number or other identifier assigned to a
category of vendors and not specific to
any individual or entity.
*
*
*
*
*
■ 4. Amend section 4.605 by revising
paragraph (b), the heading of paragraph
(c), and paragraphs (c)(1) and (2)
introductory text; and removing from
paragraph (c)(2)(i)(C) ‘‘DUNS number’’
and adding ‘‘unique entity identifier’’ in
its place.
The revisions read as follows:
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*
4.605
Procedures.
*
*
*
*
*
(b) Unique entity identifier. The
contracting officer shall identify and
report a unique entity identifier for the
successful offeror on a contract action.
The unique entity identifier shall
correspond to the successful offeror’s
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name and address as stated in the offer
and resultant contract, and as registered
in the System for Award Management
database in accordance with the
provision at 52.204–7, System for
Award Management. The contracting
officer shall ask the offeror to provide its
unique entity identifier by using either
the provision at 52.204–6, Unique Entity
Identifier, the provision at 52.204–7,
System for Award Management, or the
provision at 52.212–1, Instructions to
Offerors—Commercial Items. (For a
discussion of the Commercial and
Government Entity (CAGE) Code, which
is a different identifier, see subpart
4.18.)
(c) Generic entity identifier. (1) The
use of a generic entity identifier should
be limited, and only used in the
situations described in paragraph (c)(2)
of this section. Use of a generic entity
identifier does not supersede the
requirements of provisions 52.204–6,
Unique Entity Identifier or 52.204–7,
System for Award Management (if
present in the solicitation) for the
contractor to have a unique entity
identifier assigned.
(2) Authorized generic entity
identifiers, maintained by the Integrated
Award Environment (IAE) program
office (https://www.gsa.gov/portal/
content/105036), may be used to report
contracts in lieu of the contractor’s
actual unique entity identifier only for—
*
*
*
*
*
■ 5. Amend section 4.607 by—
■ a. Removing from paragraph (b) ‘‘Data
Universal Numbering System Number’’
and adding ‘‘Unique Entity Identifier’’
in its place; and
■ b. Revising paragraph (c) to read as
follows.
4.607 Solicitation provisions and contract
clause.
*
*
*
*
*
(c) Insert the clause at 52.204–12,
Unique Entity Identifier Maintenance,
in solicitations and resulting contracts
that contain the provision at 52.204–6,
Unique Entity Identifier.
■ 6. Amend section 4.1103 by—
■ a. Removing from paragraph (a)(1)
‘‘must register;’’ and adding ‘‘shall
register;’’ in its place;
■ b. Removing from the introductory
text of paragraph (a)(2) ‘‘DUNS number
or, if applicable, the DUNS+4 number,’’
and adding ‘‘unique entity identifier’’ in
its place;
■ c. Adding to the end of paragraph
(a)(2)(i) ‘‘or’’; and
■ d. Revising paragraphs (a)(3) and (d)
to read as follows:
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4.1103
Procedures.
(a) * * *
(3) Need not verify 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)).
*
*
*
*
*
(d) The contracting officer shall, on
contractual documents transmitted to
the payment office, provide the unique
entity identifier and, if applicable, the
Electronic Funds Transfer indicator, in
accordance with agency procedures.
4.1402
[Amended]
7. Amend section 4.1402 by removing
from paragraph (b), last sentence,
‘‘DUNS number’’ and adding ‘‘entity
identifier’’ in its place.
■
4.1705
[Amended]
8. Amend section 4.1705 by removing
from paragraphs (a) and (b) ‘‘DUNS
number’’ and adding ‘‘entity identifier’’
in their places.
■ 9. Amend section 4.1800 by revising
paragraph (b) to read as follows.
■
4.1800
Scope of subpart.
*
*
*
*
*
(b) For information on the unique
entity identifier, which is a different
identifier, see 4.605 and the provisions
at 52.204–6, Unique Entity Identifier,
and 52.204–7, System for Award
Management.
■ 10. Amend section 4.1802 by revising
paragraph (a)(1) and removing from
paragraph (b) ‘‘DUNS Number’’ and
adding ‘‘unique entity identifier’’ in its
place.
The revision reads as follows:
4.1802
Policy.
(a) * * * (1) Offerors shall provide
the contracting officer the CAGE code
assigned to that offeror’s location prior
to the award of a contract action above
the micro-purchase threshold, when
there is a requirement to be registered in
the System for Award Management
(SAM) or a requirement to have a
unique entity identifier in the
solicitation.
*
*
*
*
*
4.1804
[Amended]
11. Amend section 4.1804 by
removing from paragraph (a)(1) ‘‘Data
Universal Numbering System Number’’
and adding ‘‘Unique Entity Identifier’’
in its place.
■
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(1) Company legal business name.
(2) Tradestyle, doing business, or other
name by which your entity is commonly
recognized.
(3) Company physical street address, city,
state and Zip Code.
(4) Company mailing address, city, state
and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and
address (reporting relationship within your
entity).
(End of provision)
PART 9—CONTRACTOR
QUALIFICATIONS
9.404
[Amended]
12. Amend section 9.404 by revising
paragraph (b)(6) to read as follows:
■
9.404 System for Award Management
Exclusions.
*
*
*
*
*
(b) * * *
(6) Unique Entity Identifier;
*
*
*
*
*
PART 12—ACQUISITION OF
COMMERCIAL ITEMS
12.301
13. Amend section 12.301 by
removing from paragraphs (d)(1) and (2)
‘‘DUNS Number’’ and adding ‘‘unique
entity identifier’’ in their places.
■
PART 19—SMALL BUSINESS
PROGRAMS
19.704
[Amended]
14. Amend section 19.704 by
removing from paragraphs (a)(10)(v) and
(vi) ‘‘DUNS number’’ and adding
‘‘unique entity identifier’’ in their
places.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
15. Revise section 52.204–6 to read as
follows.
■
52.204–6
Unique Entity Identifier.
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As prescribed in 4.607(b), insert the
following provision:
52.204–7
Unique Entity Identifier (Oct 2016)
(a) Definitions. As used in this provision—
Electronic Funds Transfer (EFT) indicator
means a four-character suffix to the unique
entity identifier. The suffix is assigned at the
discretion of the commercial, nonprofit, or
Government entity to establish additional
System for Award Management records for
identifying alternative EFT accounts (see
subpart 32.11) for the same entity.
Unique entity identifier means a number or
other identifier used to identify a specific
commercial, nonprofit, or Government entity.
See www.sam.gov for the designated entity
for establishing unique entity identifiers.
(b) The Offeror shall enter, in the block
with its name and address on the cover page
of its offer, the annotation ‘‘Unique Entity
Identifier’’ followed by the unique entity
identifier that identifies the Offeror’s name
and address exactly as stated in the offer. The
Offeror also shall enter its EFT indicator, if
applicable.
(c) If the Offeror does not have a unique
entity identifier, it should contact the entity
designated at www.sam.gov for establishment
of the unique entity identifier directly to
obtain one. The Offeror should be prepared
to provide the following information:
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16. Amend section 52.204–7 by—
a. Revising the provision heading and
the date of the provision;
■ b. Amending paragraph (a) by—
■ 1. Removing the definitions ‘‘Data
Universal Numbering System (DUNS)
number’’ and ‘‘Data Universal
Numbering System +4 (DUNS+4)
number’’;
■ 2. Adding, in alphabetical order, the
definition ‘‘Electronic Funds Transfer
(EFT) indicator’’;
■ 3. Revising paragraph (1) of the
definition ‘‘Registered in the System for
Award Management (SAM) database’’;
and
■ 4. Adding, in alphabetical order, the
definition ‘‘Unique entity identifier’’;
■ c. Removing from paragraph (b)(1)
‘‘the offeror’’ and adding ‘‘the Offeror’’
in its place; and
■ d. Revising paragraphs (b)(2) and (c).
The revisions and additions read as
follows:
■
■
[Amended]
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*
*
System for Award Management.
*
*
*
*
*
*
*
*
Electronic Funds Transfer (EFT) indicator
means a four-character suffix to the unique
entity identifier. The suffix is assigned at the
discretion of the commercial, nonprofit, or
Government entity to establish additional
System for Award Management records for
identifying alternative EFT accounts (see
subpart 32.11) for the same entity.
Registered in the System for Award
Management (SAM) database means that—
(1) The Offeror has entered all mandatory
information, including the unique entity
identifier and the EFT indicator, if
applicable, the Commercial and Government
Entity (CAGE) code, as well as data required
by the Federal Funding Accountability and
Transparency Act of 2006 (see subpart 4.14)
into the SAM database;
*
*
*
*
*
Unique entity identifier means a number or
other identifier used to identify a specific
commercial, nonprofit, or Government entity.
See www.sam.gov for the designated entity
for establishing unique entity identifiers.
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(b) * * *
(2) The Offeror shall enter, in the block
with its name and address on the cover page
of its offer, the annotation ‘‘Unique Entity
Identifier’’ followed by the unique entity
identifier that identifies the Offeror’s name
and address exactly as stated in the offer. The
Offeror also shall enter its EFT indicator, if
applicable. The unique entity identifier will
be used by the Contracting Officer to verify
that the Offeror is registered in the SAM
database.
(c) If the Offeror does not have a unique
entity identifier, it should contact the entity
designated at www.sam.gov for establishment
of the unique entity identifier directly to
obtain one. The Offeror should be prepared
to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other
name by which your entity is commonly
recognized.
(3) Company physical street address, city,
state, and Zip Code.
(4) Company mailing address, city, state
and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and
address (reporting relationship within your
entity).
*
*
*
*
*
17. Amend section 52.204–10 by—
a. Revising the date of the clause; and
b. Removing from paragraph (d)(2)(i)
‘‘identifier (DUNS Number)’’ and adding
‘‘entity identifier’’ in its place.
The revision reads as follows:
■
■
■
52.204–10 Reporting Executive
Compensation and First-Tier Subcontract
Awards.
*
System for Award Management
(a) Definitions. As used in this provision—
67739
*
*
*
*
Reporting Executive Compensation and
First-Tier Subcontract Awards (Oct
2016)
*
*
*
*
*
18. Revise section 52.204–12 to read
as follows:
■
52.204–12 Unique Entity Identifier
Maintenance.
As prescribed in 4.607(c), insert the
following clause:
Unique Entity Identifier Maintenance (Oct
2016)
(a) Definition. Unique entity identifier, as
used in this clause, means a number or other
identifier used to identify a specific
commercial, nonprofit, or Government entity.
See www.sam.gov for the designated entity
for establishing unique entity identifiers.
(b) The Contractor shall ensure that the
unique entity identifier is maintained with
the entity designated at the System for Award
Management (SAM) for establishment of the
unique entity identifier throughout the life of
the contract. The Contractor shall
E:\FR\FM\30SER4.SGM
30SER4
67740
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
communicate any change to the unique entity
identifier to the Contracting Officer within 30
days after the change, so an appropriate
modification can be issued to update the data
on the contract. A change in the unique
entity identifier does not necessarily require
a novation be accomplished.
(End of clause)
19. Amend section 52.204–13 by—
a. Revising the date of the clause;
b. Amending paragraph (a) by—
1. Removing the definitions ‘‘Data
Universal Numbering System (DUNS)
number’’ and ‘‘Data Universal
Numbering System +4 (DUNS+4)
number’’;
■ 2. Adding, in alphabetical order, the
definition ‘‘Electronic Funds Transfer
(EFT) indicator’’;
■ 3. Revising paragraph (1) of the
definition ‘‘Registered in the System for
Award Management (SAM) database’’;
and
■ 4. Adding, in alphabetical order, the
definition ‘‘Unique entity identifier’’;
and
■ c. Revising paragraph (c)(3);
The revisions and additions read as
follows:
■
■
■
■
52.204–13 System for Award Management
Maintenance.
*
*
*
*
*
System for Award Management
Maintenance (Oct 2016)
(a) Definitions. * * *
Electronic Funds Transfer (EFT) indicator
means a four-character suffix to the unique
entity identifier. The suffix is assigned at the
discretion of the commercial, nonprofit, or
Government entity to establish additional
System for Award Management (SAM)
records for identifying alternative EFT
accounts (see subpart 32.11) for the same
entity.
Registered in the System for Award
Management (SAM) database means that—
(1) The Contractor has entered all
mandatory information, including the unique
entity identifier and the EFT indicator (if
applicable), the Commercial and Government
Entity (CAGE) code, as well as data required
by the Federal Funding Accountability and
Transparency Act of 2006 (see subpart 4.14),
into the SAM database;
*
*
*
*
*
asabaliauskas on DSK3SPTVN1PROD with RULES
Unique entity identifier means a number or
other identifier used to identify a specific
commercial, nonprofit, or Government entity.
See www.sam.gov for the designated entity
for establishing unique entity identifiers.
*
*
*
*
*
(c) * * *
(3) The Contractor shall ensure that the
unique entity identifier is maintained with
the entity designated at www.sam.gov for
establishment of the unique entity identifier
throughout the life of the contract. The
Contractor shall communicate any change to
the unique entity identifier to the Contracting
Officer within 30 days after the change, so an
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22:05 Sep 29, 2016
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appropriate modification can be issued to
update the data on the contract. A change in
the unique entity identifier does not
necessarily require a novation be
accomplished.
www.sam.gov for establishing the unique
entity identifier.
*
*
*
*
*
■ 20. Amend section 52.204–14 by—
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (f)(1)(i)
‘‘DUNS number’’ and adding ‘‘unique
entity identifier’’ in its place.
The revision reads as follows:
■
52.204–14 Service Contract Reporting
Requirements.
52.212—3 Offeror Representations and
Certifications—Commercial Items.
*
*
*
*
*
*
Service Contract Reporting
Requirements (Oct 2016)
*
*
*
*
*
21. Amend section 52.204–15 by—
a. Revising the date of the clause; and
b. Removing from paragraph (f)(1)(i)
‘‘DUNS number’’ and adding ‘‘unique
entity identifier’’ in its place.
The revision reads as follows:
■
■
■
52.204–15 Service Contract Reporting
Requirements for Indefinite-Delivery
Contracts.
*
*
*
*
*
Service Contract Reporting
Requirements for Indefinite-Delivery
Contracts (Oct 2016)
*
*
*
*
*
23. Amend section 52.212–3 by—
a. Revising the date of the provision;
and
■ b. Removing from the introductory
text of paragraph (p) ‘‘DUNS Number’’
and adding ‘‘unique entity identifier’’ in
its place.
The revision reads as follows:
■
*
*
*
*
Offeror Representations and
Certifications—Commercial Items (Oct
2016)
*
*
*
*
*
24. Amend section 52.212–5 by
revising the date of the clause and
paragraphs (b)(4), (b)(6), (b)(7), and
(b)(17)(i) to read as follows:
■
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
Contract Terms and Conditions Required To
Implement Statutes or Executive Orders—
Commercial Items (Oct 2016)
*
*
*
*
*
*
*
*
*
*
■ 22. Amend section 52.212–1 by
revising the date of the provision and
paragraph (j) to read as follows:
(b) * * *
ll (4) 52.204–10, Reporting Executive
Compensation and First-Tier Subcontract
Awards (Oct 2016) (Pub. L. 109–282) (31
U.S.C. 6101 note).
52.212–1 Instructions to Offerors—
Commercial Items.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Instructions to Offerors—Commercial Items
(Oct 2016)
*
*
*
*
*
(j) Unique entity identifier. (Applies to all
offers exceeding $3,500, and offers of $3,500
or less if the solicitation requires the
Contractor to be registered in the System for
Award Management (SAM) database.) The
Offeror shall enter, in the block with its name
and address on the cover page of its offer, the
annotation ‘‘Unique Entity Identifier’’
followed by the unique entity identifier that
identifies the Offeror’s name and address.
The Offeror also shall enter its Electronic
Funds Transfer (EFT) indicator, if applicable.
The EFT indicator is a four-character suffix
to the unique entity identifier. The suffix is
assigned at the discretion of the Offeror to
establish additional SAM records for
identifying alternative EFT accounts (see
subpart 32.11) for the same entity. If the
Offeror does not have a unique entity
identifier, it should contact the entity
designated at www.sam.gov for unique entity
identifier establishment directly to obtain
one. The Offeror should indicate that it is an
offeror for a Government contract when
contacting the entity designated at
PO 00000
Frm 00016
Fmt 4701
Sfmt 4700
ll (6) 52.204–14, Service Contract
Reporting Requirements (Oct 2016) (Pub. L.
111–117, section 743 of Div. C).
ll (7) 52.204–15, Service Contract
Reporting Requirements for IndefiniteDelivery Contracts (Oct 2016) (Pub. L. 111–
117, section 743 of Div. C).
ll (17)(i) 52.219–9, Small Business
Subcontracting Plan (Oct 2016) (15 U.S.C.
637(d)(4)).
25. Amend section 52.213–4 by
revising the date of the clause and
paragraph (b)(1)(i) to read as follows:
■
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
*
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial Items)
(Oct 2016)
*
*
*
*
*
(b) * * *
(1) * * *
(i) 52.204–10, Reporting Executive
Compensation and First-Tier Subcontract
Awards (Oct 2016) (Pub. L. 109–282) (31
E:\FR\FM\30SER4.SGM
30SER4
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
U.S.C. 6101 note) (Applies to contracts
valued at $30,000 or more).
Small Business Subcontracting Plan
(Oct 2016)
*
*
*
*
*
a. Revising the section heading;
■
b. Revising the date of the clause;
c. Removing from paragraph
(d)(10)(vi) ‘‘DUNS number,’’ and adding
‘‘unique entity identifier,’’ in its place.
■
The revisions read as follows:
52.219–9
Plan.
asabaliauskas on DSK3SPTVN1PROD with RULES
*
*
VerDate Sep<11>2014
*
*
22:05 Sep 29, 2016
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53.236–2
*
*
*
*
[Amended]
27. Amend section 53.214 by
removing from paragraph (d) ‘‘SF 1447
(Rev. 2/2012)’’ and adding ‘‘SF 1447
(Rev. 8/2016)’’ in its place.
■
53.215–1
Small Business Subcontracting
*
29. Amend section 53.219 by
removing from the paragraph ‘‘(Rev.
10/2015)’’ and adding ‘‘(Rev. 8/2016)’’
in its place.
53.214
26. Amend section 52.219–9 by—
■
[Amended]
PART 53—FORMS
*
■
53.219
67741
[Amended]
28. Amend section 53.215–1 by
removing from paragraph (e) ‘‘OF 307
(9/97)’’ and adding ‘‘OF 307 (Rev. 8/
2016)’’ in its place.
■
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■
[Amended]
30. Amend section 53.236–2 by
removing from paragraph (b) ‘‘SF 330
(Rev. 3/2013)’’ and adding ‘‘SF 330
(Rev. 8/2016)’’ in its place.
■ 31. Revise section 53.301–294 to read
as follows:
■
53.301–294 Subcontracting Report for
Individual Contracts.
BILLING CODE 6820–EP–P
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67742
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
SUBCONlRACTING REPORT FOR INDIVIDUAL CONTRACTS
(see irlsttucliOrJs on reierseJ
1. CORPORATION, GOMPANY, OR I!UBDMSION COVERED
3. DATE I!UBMITTED
•· COMPANY NAME
D.•m••n"""'""""
4. Rfi>OIITM!'EI'ItODI'ROr.l t11&1'110110o~ T!IRV;
r
D
&TATE r~PC:ODE
c.CITI'
SEPT30
r,....
D
REGULAR
D
F!MA!.
D
REVISED
8. ADMINISTERINGACTMTY ~-~bolt)
§
~
tl :
AIMY
NAVI'
AIRFORCi
1.
B
=ER
FEDERAL AGENCY fSIJHl'A
DEFENSiOCINTRACTMANAGEMENT AGENCY
..
REPORTSIJBMITTEDAS~--,_.,.,.,__...,
"""""' ..... '"""'"""""""
.............
PRIME OONTRACTOR
I!UBOONTRACToR
~.
t. DOLLARS AND PeRCENTAGES IN lHE FOLLOWIIG 81.0CKS:
0
D
6. l'YI'E OF REPORT
2. """'"""''"""'"" '"'""''""'"I'IUMBER
0
0
MAIUI
0
DO INCWDE INOIRiCT COSTS
..,.. ................
8. AGENCY OR CONTRACTOR AWM:DINGCONTRACT
STREET AOCRE$$
O.<lll1
r·"""r"
DO NOT INCWDE tiOIRECT COSTS
r"'"""""
SUBCONTRACT AWARDS
TYPE
10a.
SMAll BUSI.NESS CONCERNS (Dollar Amount and
~tof 1Qc.) (SEE SPECIFIC INSTRIJCTlONS)
100.0%
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22:05 Sep 29, 2016
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Pnm:nbed by GSA-FAR (48 CFR 153.219)
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
67743
18. REIIARICS
:ZOO. NAME: OF INDMCUALADMINISTERING SUBCOIITRACTING PLAN
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asabaliauskas on DSK3SPTVN1PROD with RULES
STANDARD FORM 21M (REV. 812016} PAGE 2
67744
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
GENERAL INSTRUCOONS
1. This llli)Ort Is net ~lied for smelll:luslnesses.
2.1blsllli)Ort1Snc:trequlntdfor~l!emsforWhich.acomm~rollllplm
has been IIP!)tOWd, ncr fi"cm large businesses In the Cepartmenl of Defense
(000) Test Program for NegOtlallcn of~henM SUboonlraoUng plans.
The &lmmmy SUbconlracl Repoit (SSR) ls req~ired fOr contradcr!l 0!*'*11•11
under cne ofth-lwocondlllcns and Should besubmllted to the Govemmenl
In ~nee wiU\ the in5buotions m thaltorm.
3. This form ccllec:ts subccnlntci-Jd data tom prime eonltiC!asl
iSIIboontracknlhat : (a) hold cne «more contracts over $700,000 ( $1,SOO,oootcr conillnlcllon or a public facilly~ ancl (bl are; required to report
iSIIboontracts awarded to Sl'llell Bu$iness (88}. Sroall Dlsaclvantaged
Businen (SOB), Wclmlln-Owned Smell Bulllness (WOSB), HUSZone Snell
BuslnMS (HUSZone SEI), V'eteran·OWned Small BuslnMS (VOSS) end
SerVII:e-DIHbled Vlllereft.Owmld smau Business ccneerns under a
iSIIboonlntcli~>g plan. Fer the Cepart~~W~l of Defense (DOD), the National
Aeralllullcs anCISpaceMnlnlslratiQi (NASA). and the Ooul Guard, this
bm also ccllec:ts subccinlracl ""!l!rd clllla for Hlstorlcoly Black Colleges and
Unlwnlille$ (HBOUs) and Minaity lnlltiiUiicns (Mis).
4. This repat Is requred fer ""ch OQilntcl containing a suboontrecling plan
and muat be subnilled to the adrnitl!lnlllvo> cont"'r.ling ollloer (ACO) «
con!Olcting ollicer If n'oAOO '" u..lgned, sell'i-allnually'. dUring conlracl
performanee for the perlodnnded March 31st and September 30111. A
separate report ls required fer each conlntcllll contrm:l complellon. Reports
a.- due 30 days after lhe Close of each repating periOd unless otbenrise
dhcled by:theconb:ading olll-. Reporis- mqul"'d when due, "'ll$td!ess
ofwllelherthere has been any stibcool!acllllg actMiy sir>ae the lneeptlon of the
con1rac1 er lllnee the prliYioils repat.
5. only subcallntcls inwMng performance In Ute UnHed SIJ!ites or Us ouU~g
areoas should be Included In lhls repat\VIth Ute J&Xcepllon of subccinlraciQ under a
COili(ICI awarded by lhe SIJ!ite Depallment or any lllher agenoy that has
slaluloly or regulalay aulhoril)llo require subccnlOlcllrog plens!Orsubccnlnta..
perfamed outside the UOied Slates and b onl~ng areas.
6. Puldl- fi"cm a llOI'p(lf!lllon, C0111)1!11Y, or $1.1bdMsicn IIIII IS Ill afflllale of
the primeisuboonbaclor ant Dill InCluded In this repori.
7. SUbcoolntclaWIIRI data reported on Uti& ram b)' priml ccn!nlclorsl
subcanlraclors sbeH be limited toaWIIRis made to llulr Immediate subccntrad:ors.
Cl'edlt lllllllllll be. taken fer antis made to k:lil'er tier iSIIboonlractcn unless you
halle been dllsigne!ed to receive an SB anCI SOB credit fi"cm an
AlaSka Nallue Corpcrallcn CANOl or Indian llfbe.
8. FAR 19.703 sets forlh Ute ellgib!Jity requirements for parllcipeUna in the
suboolllnteting pragram.
9. Ar.l:ualachl_,.enls mlll!l be reported on Ute orne bull as the goels set
forlh In the conlntl:t For example, lf9Q81s In lhe plln do notlneluda lndirl!d
and CM!fhftd items, Ute echlevemenls shown on this report Should not
Include them ellller.
SPECIFIC INSTRUC'IIOU
BLOCK :z: For Ute conlrlldor ldentltlcellon NUmber, enter the un)!IUe enlt\y
idenllfter thatldanlllleslhe specilloconlnu:ia' esllbllshment. ll 111 ere Is no
unique enlt\y ldenllller lhalldllnllllu Ute uact n~r~~e and address enlereclln
Blodl1, C<lll1a<:t the anatydetlgn'lled at SAM for estab41shmenl otlll•
unique enlt\y ldenllller.
BLOCK4: Oheck onlyQIIe. Nolelhllt 1111 wbcontraciii.Ward data reported
on this fal'm repi'I!Sents eclllllly since the lncepllcn of the ~onlntct through
th• dale indl<ated on this block.
BLOCK~ Chellk'Nheth!M' thl$ repat lu "Regular,• "Fin Ill.' tndklr
"Rflllsed" rei)CIIl A "Finer' fel>ori lhould be d!e<>ked Ollll/ if the conlraclcr
hu completed the conlntcl or~ reponed In Bleck 7. A •RII'Jised"
report In change toe mpal previously submilled lor Ute ume period.
BLOCK a: ldanllf)r the depallment or IIQtiiCY amlnlslte~ng Ute maJority d
suboontraoUng pallS.
·
BLOCK7: fndk:U -.herlhe ~~~~ lssubrrilltinglllis
report as a prime c:onlntetor or iSIIboonlntotcr andltle prime contract «
~number.
BLOCK 8: Ellterthe name and address ofltle Fedi!nat deperfn'tOml cr
agency awan:tna Ute c:ontracl or the prime c:ontraclor awe!ding the
ete blockto indceto Whether illdlrec! cests
mounls In blocks 10e through 16. To ensure
l1111d adual columns, !lie conlntcl« may
I::I~:J:ct~:=!:t~~.:"::= column only lfthe subconll'aclingpiiR
ILOCK 9: Check
arelneludadln the
ccrnpareblllly
BLOCK810a thraugh 18: Uncler
pereenlll()lls In eech eetegcry (SB,
ftrl<leo-lbibled VOSS,endHUBZ
Go!/.:.." enter the dollar and
WOl:ltl, VOSB,
ltle sub~raoting pllll
apprOVed ttrlhls coni(ICI, (Ifill• originll gCIIIIs aped ~ Ill ccnllacl
-I'd haw beiiiii'Msed as a reslilt of ccnlntot mcdlllcaficns, enter 111.•
qnal goels in Block 19. The emounto enlereclln Blocks 10elllrwjjl
16 $11ould rellectthe nMI!ed goels.) There are no goels ttr Blocks 17
and 1$. Un'der •Ar.~uol Cilmufallve,." enlera®al subcontract
achlevellllll!b ldoHars and Pefeenl) fi"cm the lru:ellllcn of the c:onlnlcl
thrwgh the dale of the llli)Ort shown ill Blodl4. In eases Wherelnillrect
costs are included, theamcunts should indude both drecl
- • anCI an appropllatoprorated pcrtlon oflndreclawerds.
~.the doHar 11111ClUnts reporledURder"Ar.l:ulil Cumulallve" nisi
be for lie semo period d.tine as the ddler amounts shown under
"Current Goal." For a con1rac1 With opllcns, the current goeJ should
~tthe aggregate !IC*I since the ln~:ePUon ofthe OQiJntcl, For
Ute conlm.clarls wbllillitg lhe repat during Oplion 2 of a
mllltiple yeer conlracl. Ute oulfelll goal woold be the oumulallve goal for
the bee period plusthe goill for Oplion 1 and lhco goal for Oplion 2.
'""""""·If
BLOCK 111a! Repat aD subi:allntcls a-ed lo SBs itdUdng subccnllacls
to,SOBs, WOSS, V0SB. HMCit'Ciubled VOSS, end HUSZon" SBs.
Fer DOD. NASA, end Coast Guerd-cl!>,l!l!:l!llll-nga-•
to HBCUll and Mis. lndllda subcootmds awarded to ANCs and In dan lllbes
lhlllare nlll - • busln- and !hal""' ncl-wled bylheSBA n SDI!s
Wlltle you hlillt been deslgnllledto I1IC8ille Ill* SB and SOB credit. Whm
your eon'lpeny and dller ccrnpenles hiMJ been designe!ed by lin AI'IC or
lndillin tribe to tectM SB and SOBCMdt fora subconlraclawarded to ltle
ANC or lndimlrlbe, report on!)' the pcrtion oflhe total emount of lhe
subconlntcllhal bas ben designated to your c:ornpany.
BLOCK 1011: RtpCIIt al ~ awardedtOIIIfGII busln- (lB!I) end
an)' oltleM!Ien·sman busine-. Do nat itdllde subconlntcls aWIIRied to
ANC$and llldian lllbes IIIII h - been reported In 10. e-.
BLOCK 10o: Repcrt on IIIII line the tclal of an wbccnlntcts awel'ded
uncler lhit eentracl (lilt sum d llniiS 10e end 1011).
BLOCK811 ·16: EICII of these items Is a SUbclltegoJyof Block 101i. Nole
that in tome casetthe M~:M delllnmay bt rep<rted in more IIIJIIIIQfle block
(e.g.• SDB!I owned by: women «lllllerans).
ILOCK 11: Repat all subconlracls -rded to SDI!s qncludng WOSB,
VOSS. seNice-dlsabled VOSBs. 1nd HUBZcne SB SOBs). Include
subconlntcls aWIIRied toAMCsand lndillin lllbes thel have net been celliled
by SBA. IS\ SOB!I where you IIIMI been designated to rtcellle lhelr SOB
tredll. Whentyonr ccmpeny ancl ofher COIJ1)en!es lla'le been dlllllglleted ~
en ANC « lndlen tribe to rece~Y& ll!eir SOB credit fora iSIIboontnlot awarded
!ollie ANC cr Indian tribe, report only tile porilon ofthe tolal amount of the
subconlntct thai has ben deslgnllled to your ccmpany. For DoD. ~ and
Coe$1 Guard conlrecls, InClude subccntnlclingawerds to HBCUs and Mls.
ILOCK 12: Repat all wbccntracls -rded to WOSBs (lncludlnO SOBs.
VOSBs(lncludlng sel\'l~bled VOSBs), an'd HUSZone SBs thalare
alsocWOSBs).
BLOCK 13: (For contracls ..vtlh COD, ~ ent;l Oont Guafd): Repori
1111 subconna.. wllh HBOUs/Mis. Complete Ute column unc1er
"Current l3oal" onlywhen the sullconlnlilllng plan elllblilhes a goal.
BLOCK 14: Report all subcanlntcl!> awerclecl to HU~ SBis (Including
WOSBs; VOSBs (Including lMINice-disabled VOSBs), and SOBs that are
llso HllSZone SBs).
BLOCK 15: Report al subccnlntcls awarded to VOSBs lneluditg sel\'lcedsabled VOSBs (and including SOBs, WOSBs, and HUSZone SBs that are
alsoVOSBs).
BLOCK 16: Repat al suboonlracls aWIIRied to Mlllee-dlsabled VOSBs
(lncludng SOBS, WOSBs, and J.IUBZcne SB!IIhalare .also seNice-disabled
VOSBs).
BLOCK 17: Repat 111 iSIIboonlntcls awardedto.ANCS and Jndan blbes lhlll
are rapated In Block 11, bul hiMI not been ..ailed by SBA u SOBs.
subcontract.
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STANDARD FORM 294 (REV. 812016) PAGE 3
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53.301–330 Architect-Engineer
Qualifications.
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32. Revise section 53.301–330 to read
as follows:
■
67745
67746
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
ARCHITECT-ENGINEER QUALIFICATIONS
OMB Control Number: 9000.o167
Expiration Date: 1113012017
PURPOSES
DEFINITIONS
Federal agenc.:les use this form to obtain Information from
atchite<:t-engin_.(A·E) firma llbout their profe$8ional
qualllfot.lion&. Federal agencies select firms far A-E conlrllcls on
the basis of profeaslonal quelllk:allons u required by 40 u.s.c:
apm 11, Selection of M:hiteolll Engineels, and Palt se oflhe
Federal Acquisition Regulation (FAR).
Archlllact-Enllineer 8erlllces: Defined in FAA 2.101.
The seleicliol\ of Arohiteolll and Engineers statute requires the
public announcement of requirements far A·E services (Wth
IIOil'le exceptions provided by other statutes), and the aledion of
at least three of1he most highly qualified firms based on
demonstrated oompelenlle and ~I qualifications
according to specifio t:riteria published in lhe annoUnllell'lent
The Ad then requires the negotiation of a conlract at a fair and
~blo pli!;e starting finil with tho most hig111y qualified firm,
The information used to evaluate firms is from 1his form and dher
souroes, induding petformanc;e evalualion5, any additional data
requested by lheagency, and Interviews with the maet highly
qualifiEKI firms and their references.
Branch Office: A geographicaBy disllnct place of business or
subsidiarY office of a firm that has a key role on lhe team.
Discipline: Primarr Wd!nii::lll capabirllies of key personnel, as
evidenced by a<:ademlc degree, profeaslonal registration,
t:ertilication, andiOr extensive experience.
Firm: Deliried in FAR36.102.
Key Personnel: Individuals who will have mejor contract
EeSpomsibilities andfor provide unu!SIIal or unique ~pertise.
SPECIFIC INSTRUCTIONS
Par11- COntract-Specific Quatlflcatlons
Section A Contract Information.
1. Tille and t.ooation. Enter the tille and location of lhe
contract for which this farm is being submllled, exactly as shown
In the public announClement or agency: request
GENERAL INSTRUCTIONS
Part I presenls the quafibtions for a specific contract.
Part II preanls lhe genolal quardi1;alions of a finn or a~
branch ofi!G8 of a firm. Part II hu two U!SeS:
1. An A-E firm may submit Palt II to the appropriat!J Clentlal,
regional or lo<:al olllGedeadl Federal agenq to be kept on file.
A public annount:ement IS not required for Clertaln oonlracts, and
agem:m ITiiiy ua Part II as a. bas§ for wleQiiis at lnst throo of
the most highly qudlied firms far discussions prior to requesting
subi'Tlis$ion of Part I. Firms aro enoou!81)ed to update Part II on
He with agency oflice5, as appropriate, oooording to FAR Part
se. If a firm has brimt:h o!floes, submit a separate Part II for
each bmnt:h office seeking ......ark.
2. ~ea. separate Part II for eaoh firm that 1111111 be part of
the team proposed for a spe~Citic llO!ItlaC!I: and sUbmitted with Part
I. If a firm has brant:h office!;, !SIIbmita separate Part II far each
branch office that has a key role on the team.
2. PubliG Nolic:o 08. Ent.r tho posted dal:o of lhe agoncy's
notice on th.e Federal Business Opportunity Wl!bcile
(FedBiz:Opll$). other b:m of publiC announ!liJI'IIent or ageney
request for this contract.
S. Solicitation or Project Number. Ent.r tho agency's
sollcilallon number andfor project number, If applicable,
exaclly as shown in the public announcement or agency request
for thilso oontrac;t.
Section B. Archite<:t-Engineer Point of Contact
4-8. Name, Tille, Name of Firm, T~hone Number, Fax
(Facsimile) Number and E-mail (Bec.troni!.' Ma1} AddProvide infoonation for a representative of the prima co!'lfractor
or joint venture that the agency can conlact far additional
Information.
INDIVIPUAt. AGENCY INSTRUCTIONS
Individual agenaes may supplement1hese instrudions. For
example, they may Hlrit the number of projeclS or. numbet' of
pagl!l!i submitted in PaJ1: I in response to a public announo;;ement
for a partil:ular projeGt. Carefully comply with any agency:
lnstrucllons when preparing and submitting fils form. Be u
concise as possible and provide only the information requested
by the agency.
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STANDARD FORM 3311 (REV. 812016) PAGE 1 OF INSTRUCTIONS
" " - -blf OM· FAR (48CFR) 63.238-2(1>)
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
Section C. Proposed Team;
in
9-11. Firm Name. Address, and Role This contract
Pn:Mcle the contractual relationship. name, fuR maiDng addlfi&,
and a brief deecriplion of the role of each firm that .,.;u be
Involved in pelformanc:e of this «mtract List the prime
oonlraclor ot joint venture partners fi!Sl If a firm has branch
Offices, indicate each lndlvlduallftnch ol'lloe that .,.;n haVe a ley
role on the team The named subcontradors and oul$1de
8111i0dates or com;ullants nust be used, and any c;hange must
be approved by the contracting officer. (See FAR Part 52 Clause
"Subcontradors and Outside AsSociates and Consultants
(Architect-Engineer Services)'). Attach an additional sheet in the
same format as 5edlon c If needed.
67747
1g. Relevant ProjeQts. Provide information on up to five
projects In which the person had a significant role that
demonstrates the person's capability raleval'it to herlhls proposed
role in this con\tac:t TheM projects do not neoessarily hlil\'8 to
be any of the projects pRIISented in Section F for the project team
f the person was not involved in sny of those projects or the
person worl<ed on other projects lhatwere more releval'itthan
the team projects In Section F. .Use the <:heck bole provided to
indili'lltll if the project was perJ:Itmed ....;th any oflioo of tho eurrent
firm. If any of the p/Ofesslonal seJViees or oonstruetlon projects
ara not oompfete, leave Year Complewd blank and indicate the
status in Briof Description and Specific Role (block (3)).
Section. F. EXample Projects 'Mlldl Best IllustrateProposed
Team's QualifiCQtiOO$ forthis Contract.
Select projects """"""' mu!liple team members 'Mlrked
1\G an attachment after Section C, preMI'it an orgMii:atiorllll
chart of the proposed team shollving the names and roles of aD
ley pe1150nnel &sled in Section E and the firm ll!ey are
associated with as listed in Section c.
togsther. iflJ'06Sib!e, that demonstrate the team's capability to
perform work sirrilar to that required fur this col'itract Complete
one Section F for each projsct. Present ten projects. unless
oth~ specified by the agency. Complete the folbMng
biOoks for each prOject:
Section E Resumes of Key Personnel Proposed for this
Contmct
Complete this section for each ley palSOfl who wil
pa!licipate in this oontract Group by firm, .,.;lfj pe1150nnel of the
prime contl1ldDr or joll'it ventUre partner firms fl!Sl The following
blocks must be oompleted for each .resume:
12. Name. Self-ec:pl!llllllllory.
14. Years Experience. Tclal years of relewnt experience
(block 148}, and years of relevant experience with Cl.lrrent firm,
but not -n1ythe SIJITlll branch offioe (block 14b).
1S. Firm Name and Location. Name. city and state of the
firm where the person Cl.lrrenlly works, which rllUSt correspond
with one of the firms (or branch office of a firm, if appropriate)
lislieclln Section c.
16. Educalion. Provide information on the highest raleval'it
aoedemlc degree(s) received. Indicate the area(s) of
speclalii:alion for each degree.
17. Current Professional Registration. Provide information
on Cl.lrrent rell!ll/ant prcfesslonal reglstralion(s) In a Slate or
possession of the Uoiled States, Puerto Rico, or the District of
ColUmbia aeoording to FAR Part 36.
18. Other Professional Quallfical!ons. Provide Information
on ill'l!( other professional qualifications relating to this col'itract,
such as education, prcfesslonal reglslralion, publications,
organiZational memberships, oertiiiCatlons, lrainlng, awards, and
fo~gn language capabifties.
20. Example Project Key Number. Start ....;!11 "1• for the first
projecl: and number ooi1HOUlivllly.
21. Title and Location. Title and location d project or
conlract For an indefinite deHvery col'itrect, the loc:allon Is the
gecgraphic scope of the col'itrect
22. Year Completed. Enter the year completed ofthe
professional serviCes (sudl as piMning, engineering study,
design, or suJVeying), andlot 1he year complewd of construclion,
if apploeble. If any of the. professional &eiVIoes or the
conslruction projects are not eomplste, leave Year Completed
blank and indicate the status 1ft 8l'!el Description of. Project and
Relevance to this Colitract (b!oc:k 24);
23111. Project O<Nner.
~owner or ussr,
such asa
govemment agency or Installation, an lnslltution, a corporation or
private individual.
23b. Point of Contact Name. Provide name of a person
8111i0dated ....;th the project owner or the organization which
oonlracted for the professional savloes, v.tto Is very famiHarwith
!he project and the firm's {or firma') perJ:Itmanoe.
24. Brief Description of Project and Relevance t10 this
Colitract. Indicate scopa, size, cost. Pflncipal elements and
special fea:tui'I!IS of the project Discuss the relevanoeofthe
example project to this contract Enter any other Information
requested by the agency for each example project.
STANDARD FORM 330 (REV. Bn01~
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PAGE2 OF INSTRUCTIONS
67748
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
25. Rrma II'Om Sedfon c Involved will this Project. Indicate
29. Example Projects Key. List tile key numbers and lilies of
ln. u:ample projeca in the •me order u they appear in Section
'Whioh firm. (or branoh ~ If appropriate) on the p~lellm
'Nefll involved in tile example project, and their rcles. Ust in the
F.
same order asSedion c.
Section H. Additional InfOrmation.
Sedfon G. Key Petsonnel PartiCipation In Example Projects.
30. USI!I this seclion to ptOVIde additional informlltlon
speclicelly requested by1he agency or to address selection
This malrlx is Intended to gmphiOally depict which key
pef$0nnel iilentifilld In Sedlon Eworked on the U:illllple pJQjed$
listed In Sedlon F. COmplete 1he fOlloWing blooks (see eXample
belov.).
meria that- not IX!Vered by tile infOrmation provided in
Sedfons A-G.
Sedfon I. Authorized Representative.
26. end ZI. Names of Key Personnel and Role In this
Conttact. List the names of 1he key personnel and their
pi'OPOftd rolu in this COI)ftacl In the Hme order e110 they ~r
in Section E
31. and 32. Stgnllllure of Authorized Reprell!lntal:IYe and
Date. An authorized represenlllllve of a joint venture or the
prime oonl!aclnr 11111$l &ign and date the completed fOrm
Signing absts that the information proviiled Is current and
fadual, and that al firms on the \)reposed team agfee to work on
28. Example Projects listed in Section F. In 1he.column
under eaoh prcjec:t key number (see bloek 29) and for each key
person, place en "X" under the project key number for
parlieipation in the same or similar rote.
lhe project. Joint ventures se1eetec1 for negotiations must make
available a statement of participation by a prinCipal of eaoh
member ofthe joint ventuRI.
SAMPLE ENTRIES FOR SECTION G (MATRIX)
27; ROLEINTHIS
CONTRACT
(From Sectkm E,
Bbck13)
26. NAMES OF KEY
PERSONNEL
{From Section E,
BlOck 1.2)
28. EXAMPLE PROJECTS Us:TEO IN SECTION F
(Fill in "Exllmppe Pn:ljec(;r l(,y" ~«~lion belowfiW, befcrtl
COII'f>(eting taba. Pfsc& X" under ptOjecf key rwmiJer fer
partk;ipafion in 8lllllll or 8imifi!Jr rote.)
2
1
Jane J\, Smith
3
X
Chief Architect
Joseph B. Williams Chief Mechanical Engineer
X
X
Tara c. Donovan
X
X
Chief Elec:t.r.icial En.ginee
4
5
6
7
8
g
10
X
X
X
X
29. EXAMPLE PftOJf!OTS KEY
N UMBEI1
TITLE OF EXAMPLE PROJECT fFIOm Seolbn FJ
NUMBER
TITLE .OF EXAMPLE PROJECT fFIOm sect~on.FJ
1
Federal courthouse, Denver, CD.
6
XYZ Corporation Headquarters, Boston, MA
2
Justin J. Wilson Federal Building,
Baton Rouge, LA
7
Founder's Museum, Newport, RI
§YANDA~ Fb,_ ~ (Fd!V~ iiidtdj
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PAGEt OF IN&TRUOTIONS
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
67749
Part II ·General Quallllcatlons
Se6 the ''General Instructions• on J11196 1 fOr firms. 'NIIh branCh
offloes. Prepare Part. II for the speC1ific branch office -IQng
work if the firm has branch offices.
1, Soli~illtlon Number. If Part II is submitkld for a spt~Qilio
<lonlnlct, Insert the qeney's solicllalion number andlor project
number, if a.ppliO!IIble, ~as shtNm.in the public
announoement or~ TeqUI!IIt
2a-2e. Firm (or Brandl Ollice} Name and Address. Self·
explanatory.
3. Year E!imblilihed. Enter the year the firm (or bl\lneh
office, if approjlliaie) wu filabll$hed underthec:urrent name.
4. Unique.E'Ilfily ldenllller.. Insert ltle unique enlly ldenllller
issued by the enlly designated at SAM. See FAR part 4.6.
5. OWIU!oi'MIIp.
a T\IP'I!. Enter the type of ownership or legal structure of the
fllm.(sole proprlelor, partnership, oorporal!On, joint venture, etc.).
b. Sl'nal8u$iness Status. Refer to the North American
Industry Classilication System (NAJCS) code in the public:
announoement, and imftcate if the firm is a small business
accardlng to the current size standard for that NAICS c:ode (for
exllm... Engineering Seivices (part of NAICS 541330),
Architectural SeJVices (NAJCS 541$10), Su!VII}'Ing and Mapping
SeJVk:es (NAJCS 541370)). The small business categories and
the intemet websilill for the NAICS c:odn appear in FAR part 19.
Contact the ~equesllng agency for any queetions. Contact your
local U.S. Small BUsiness Administration office for any questions
regarding Business Status.
9. EmployeeS by DiScipline. Use the relella.nt d~ipllne& and
IISSOCiated function oodes shtNm attha end of these mtructions
end listinthe seme numerical order. After the listeddillciplines,
wri181n any addilionaldisc:ipllnes end leave the function oode
blank. List no more than 20 disc:iplinR. Group remaining
f!oi'I\J:IIOYee under "'ther Employees'' in ~lumn b. Each person
can be ~unted only onc;e accarding to hislher primary function.
If Part II is prepared fOr a firm (inc;luding all branch offic:es), erilillr
the number of empbfMS by dlsc:ipllnes In column c(1}. If Part II
is plllpared fOr a braneh oflic:e, enter the number of empbyees
by dlsc:ipllne In ldlmn c(2) end fOr the firm In ®tlmn <:(1).
10. PIOfiiO of Firm's Expe~ and Annual Avel\lge
Revenue fOr last 5 Years. Complet8 this block for the firm or
braneh office for whieh this Part II is prepared. Enter the
experience categories whic:h most accurately rellect the firm'&
teChnical capabilities and projeCt expeilieMe. Use the relevant
experienw ~oriRand IIISS®iated profile oodesstw.vn iltthe
end Of these instrucllons, and list in the same numerical order.
AfiBr the listed !lliCperieooe catsgories, wril8 in any unlisted
relevant project experience O!lltegories and leave the profile
c:odes blank. FOr eaCh typed experience, enter ltle appropriate
felienue index number lD fellect the p!Offtsional seJVi~
revenue& received annually (averaged over the last 5 years) by
the firm or braneh oflkte for performing that type of work. A
particular project may be identified with one experience category
or it may be broken into components. as bast reflects the
capabilities arid typM of work performed by the firm. HOW8ller,
do not double ~untthe revenues 18C8111ed on a parlieular
project
7. Nameoi'Firm. EnlllrtheMmedihefirmii'Partllis
prepared for a branch: oflkte.
11. Annual Average Professional Se!Vices Revenues« Firm
for last 3 Years. Com~ this block for the firm or braneh office
fOr whic:h this Part II is prepared. Erilillr the appropriate revenue
lndei numbers to. re11ec:t the protes.slonal servloes revenues
~annually (averaged over blastS years} by the firm or
braneh office. lndicllte Federal work (performed directly for the
Federal Government, eillter as tha prime OMtractor or
s\lbcxlltrado!), non-Federal work (all other domeslic and foreign
work, including Federally-assisted projects), and the totaL If the
firm has been in exislen~ for less than S years, - tha
definition fOr "Annual Reoeipls" under FAR 19.101.
Ba-Se. Former Firm Narnll6. lndiO!IIte any other p11!!1ious
names for the firm (or branCh office) during the last siX yesrs.
Insert the yearthatthl$ oorporme name change wulffedive
and the IISSCOialed unique entlly Identifier. This infOrmation is
used to review past performance on Federal ~nlnlcts.
rep..enlatlve of the firm or braooh office must sign and dale the
completed form. Signing attests that the information provided is
c:urrent and factual. Provide the name and title or the authorized
rep..enlatlve who signed the fOrm.
~· Point of Contllct. Provide this information for a
repreuntdve dthefirm thattheageney can contact fOr
addllional information. The representative must be empowered
to speak on c:ontractual and poley matters.
12. Authorized Representative. An authorized
STANDARD FORM 330 (REV. 812016)
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PAGE4 OF INSTRUCTIONS
67750
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
List of Disciplines (Funclkm Code$)
Code
01
02
03
04
05
06
f11
OS
09
10
11
12
Code
S2
Des:ription
Al:lou&tioal Engineer
Administndive
Aerial Pholcgrapher
Aeronautical Engineer
Archeologist
Architect
Biologist
CADD Technician
33
34
35
S6
37
38
39
Description
Hydraulio Engineer
Hydqraphio SUrveyor
HydiO!oglst
Industrial Engineer
Industrial Hygienist
lnlarior Designer
land SUIVeyor
Landscape Architect
MaterialS Engineer
Materials Handling engineer
Cartographer
40
Chamioal Engineer
41
Chemist
42
~nioaiEn~neer
43
Mining Engineer
44
45
AS
Oc;eanographer
47
24
Civil Engineer
CommunioatioM Engineer
Computer Pqrammer
Const!uolion Inspector
Const!uolion Manager
Corrosion Engineer
Cost EngineeriE6timator
Ecologist
E<:onomist
E~l Engineer
Elet:tronics engineer
Envircnmental Engineer
Envlrcnmenlal Sc:ientlst
Planner: Urban/Regional
Froject Manager
Remote SeMing Specialist
RlskAsessor
SaMy/OI:cupational Health Engineer
S.nlllllry EnglnMr
Scheduler
Set:urity Spec;iaflsl
Soils Engineer
25
26
Forensic Engineer
1S
14
15
16
17
16
19
20
21
22
23
27
25
29
so
31
46
49
50
51
52
53
54
55
Fira~Engineer
56
57
FoundationiGeoteellnical Engineer
Geodetic SUIVeytir
Geographic Information system Specialist
GeolOgist
Health Facility Planner
58
59
60
61
62
Photo Interpreter
Photogrammetrist
SpeoifioationiJ \!'lt'i'hr
Slruclural Engineer
TechnioianfAnalyst
Toxicologist
Transporllllion Engineer
Vallie Engineer
\lllal8f R . - Engineer
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STANDARD FORM SSO(REV. 812016)
PAGE 5 OF INSTRUCTIONS
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
67751
List of Experience Categories (ProfilfiJ Codes)
Code
A01
A02.
A04
A05
A05
A07
AOS
A09
A10
A11
A12
DfiSCriptlon
Ac:ou!ilia;, Noise Abatement
Aerial Pllofogl8phy; AirbOrne Data and Imagery
Collection and Analyas
Agrieultuflll Develop'nanl; Grain storage; Farm Mechanization
Air POllution Conlrol
Airpcrt5; Navaids; Airport Lighting; Aircl8ft Fueling
Airport5; Terminals and HangtlrS; Freight Handling
Ardic: F.wilitiM
Animsl Facilities
Mti-TerrorismfForoe Protediol:l
Asbestos Abatement
Auditoriums & Theal:ei'S
AutomatiOn; Controls; lnstrumentallcin
B01
B02
Bridges
A03
Code
Eoologklal
E02
EdUGilllonal Facilities; Class100ms
Eledlical studies and Design
Electronics
Elevatas; Esc:alatas; PeopJe..Movefl!i
Embassies and Chan<:eries
Ene~gy Con110rvatlon; New Energy Soiii'Qe$
Engineering EconomicS
Environmental Impact studies,
Assessments or Statements
Envl1011menlsl and Natural Resource
Mapping
Envl1011menlal Planning
EnviiOilmenlal Remediation
Envi1011mental Testing and Analysis
E03
E04
E05
E06
E07
E08
E09
E10
E11
E12
E13
Barllleks; Dormitories
F01
F05
Falout SheiiBrs; Blest-Resistant Design
Field HOIISI!!Si Gyms; Stadiums
Fire Protection
Fisheries; Fish ladders
Forensic Engineering
F05
Forestry & fOrMt products
G01
Garages; Vehicle Maintenance Facitities;
Parking Decks
G02
Gas Systems (Propane; Natural Etc.)
Gas'
Geodetic Surveying: Ground end Air-borne
G04
Geographic InfOrmation System servbes:
Development, Analysis. ancl Data Collection
G05
Geospelial Data Conversion: Scanning,
DigitiZing, Compilation, Atlribullng, Sci'ibing.
Drafting
Graphic Design
F02
C01
C02
C03
C04
CCI5
coo
COT
cos
C09
C1o
C11
C12
013
014
C15
C16
017
C1&
C19
001
002
003
004
005
006
007
008
DfiSCriptlon
a Aroheologioallnvestigations
E01
Cartoglllphy
F03
F04
Cemeteries (Planning &. Reloceilon}
Charlll'lg: Nautioal and Aeronautklal
Chemical Processing a Storage
Child. Carei04Yelopment FecDIIIe&
Chu!Qhes; Chapela
Ccsstal Engineering
Codes; Standards; O!dinances
Cold storage; Reftlgerellon and Fest Freeze
Commerdal BuDding (low riM}; Slopping Centers
Community Faclllles
Communmons Systems; TV; MiCI'QWiiVe
~ter Facilities; Ccmputer Service
Conaavation and Reeouroe Management
Construction Management
Construction Surveying
Corrosion Control; cathodic Protection; Eleclrcilysls
Colt Estimating; Colt Engineering and
Analysis; Pal'1lmetric Costing; Forec:asling
Crycgenlc FacDil!es
G08
H01
H02
H03
H04
H05
HOB
H07
Dams (Conclete; Arch)
Dami (Earth; Rtxk}; Dikes; LevDesalinization ~ & Facilities)
Design-BUild - Preparellon of Requesta for Proposals
Digital Elevalion and Terrain Model Development
Digital Orthcphotography
Dining Halls; Clubs; Reslaurants
Drqlng studies and Design
Harbors; Jellies; Piers, Ship Terminal
Facilities
Hazardous Materials Handling and stol8ge
HazardOus. Toxic. Radioactive Wallie
Remediation
Heating; Ventilating; Air Conditioning
Health Sptems Planning
Hlghrlse; Air-Rights-Type Building&
Highways; streets; Airfield Paving; Parking
Lois
H08
H09
H10
H11
H12
H13
Hislx:lricel Preservation
Hospital &MedicS! Facilities
HCI!els; Molels
Housing ~lief, Mufti-hmily;
~ CondomirliumJ}
Hydraulics a Pneumatics
Hydrographic: Surveying
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STANDARD FORM 330 (REV. 812016)
PAGES OF INSTRUOOONS
67752
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
Ust of Experience Categories (Profile Codes continued)
Code
Code
DescriptiOn
101
Industrial Bulkllngs; ManufactullllQ Plants
P09
Description
Product, Mllclline Equipment Design
102
Industrial Frooesses; Qualltf' Control
P10
Pneumalio structures, Alr.SUpport Buildings
lOS
Industrial 'Miste Treatment
P11
Postal Faarllies
104
Intelligent Transportation Systems
P12
Power Ganen!lion, TrBhsmlsslon, Oislribulion
106
lnlmior Design; Spee Planning
P13
Pubic &lfely FecHllles
ICI6
lrrlgalion; Drainage
R01
Radar; Sonar; Radio & Radar Telesc:opes
J01
Judicial and Courtroom Feclities
R02
Radio Frequency Systems & Shleklinga
l01
l02
l03
ROO
RailrOad; Rapid Transit
R04
Recrealion Faclllies (Parks, Marinas. Etc.)
ROS
Refrigeration Plants/Systems
l04
labcralc6es; Medioat Resellrch Faalities
land SUrveying
landscape Architecture
Ullrarles; Muaeums; Galleries
R06
RehallDilatlon (Buildings; structures; Facllties)
1.06
Ughting (Interior; Okipllly; Theetw, eto.)
R07
Re~Sensing
lOS
Ughting (Exfsriors; Streets; Memorials;
Athie& Fields. ~.)
ROB
Research Facilities
M01
Mapping LoQation/Addl'M&ing Syl;lems
M02
Materials tiandling System&; Conveyors; Sorters
R11
Rivers; Canals; Waterways; Flood Control
M03
MetaUurgy
R12
Roofing
501
saMy Engineering; Accident stUdies; QSHA
stUdies
R09
Reaourc:es Recovery; Recycling
R10
Ri*·Analy$5
M04
Micmldimalology; Tropical Engineering
M05
Mililary Design Standards
M06
Mining & MiMralogy
S02
Securltf' Systems; llllruder & Smoke Oeteclilon
M07
MISSile Facllltlel (SBoa; Fuels; Transport)
S03
Sei5miQ Onigns &Sll!dles
MCl6
Modular Systems Design; Pre·Fallrlcali!!d structures or
Components
S04
SeWage Collection, Trealrnent and. Disposal
S05
Soils& Geologic.SII!dies;. Foundations
S06
Solal' Energy llt!Tntion
N01
Naval Arohltedure; Off-Shore Platl'orrn&
N02
Navigation structures; looks
N03
507
Solid~ lncinerallcn;.landfill
S08
Special Environments; Clean Rooma, Etc.
Nuclear Facilities; Noolear Shielding
S09
structural Design; Spacial Structures
001
Ofllce Buildings: lnduatrlal Partes
S10
002
003
Ooeanographic. EnginNring
Ordnance: Munitions; Special Weapons
surveying; PlatllllQ; Mapping; FlOod
Plain Studies
S11
Sustainable Dnign
S12
P01
P02
Petroleum ahd Fuel (Storage and Distribution)
P03
Pipelines (Cross-Ccuntry ~ liquid & Gas)
F'05
Planning (Communltf', Regional, AreaWide and State)
P06
Planning {Site, Installation, and Projeot)
P07
Plumbing & Piping Design
P08
Storm Water Handlin.g &Faalities
PhotograiTIIllet!y
P04
SWimming Pools.
813
Petroleum Exploratlion; Relining
Priaona &Co!rectlonal Facilities
T01
Telephona s,atems. (Ruret Mobife;
tntsrcom,
Etc.}
T02
T03
T04
T05
T06
Testing & li1spection SeMoea
Traffic &Transportation Engineering
Topographic SuiVeying and Mapping
TOiilllln (SW(-Supporting & Guyed~)
Tunnels & SUbways
stANDARD FORM 330 (Rev. 81201ij
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67753
Ust of Experience Categories (Ptofile Codea continllfJd)
Code
U01
U~loded
Description
Oldnance Remediation
U02
Uman Renewals; Commun~tr Oevelo(liTI!llll:
U03
Utilities (Gils and Steam)
V01
Value Analysis; Ufe.Cyde Costing
'WJ1
wan!h:ouses & Depots
'1102
Water Resources; Hydrology; Ground Water.
\'lim
Water SUpply; Trealmelll: and Distribution
'Ml4
Wnd Tunnels;. R~~Uareii/Testlng Facilities Design
Z01
Zoning; l.an.U Ue Studies
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STANDARD FORM 330 (REV. 812016)
PAGE 8 OF INSTRUCTIONS
67754
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
ARCHITECT ·ENGINEER QUAUFICATIONS
PART I • CONTRACT-&PECIFIC QUAUFICATIONS
A. CONTRACT INFORMATION
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B. ARCHITECT-ENGINEER POINT OF CONTACT
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STANDARD FORM 330 (REV. 812016) PAGE 2
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Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
23. PROJECTOWNER'SINFORMATION
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25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
67757
G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS
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29. EXAMPLE PROJECTS KEY
67758
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H. ADDITIONAL INFORMATION
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33. Revise section 53.301–1447 to
read as follows:
■
67759
67760
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
r·
SOUCITAllONICONlRACT
BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 21
I
2. CONiRACTNUMBSt
4. SOLICITATION NUMBER
a. AWARDII!FFECTIVE
DATE
7. ISSUED BY
t.
CODE
::==1~';:5T~~
ID
s. SOLICITAnON TYPE
SE'ALED BIDS
(11'8)
D NlmOTIATED
OF
t. SOLICITATION
ISSIIEOA'I£
(RFP)
THI$ACQI.II$1riON 110UNRESTRICTEDOR 0
0
SMALL BUStlES$
0
HUI!Z<:JNE SMALL
BUSINESS
0
SET ASIDE:
'II> FOR:
SERVJC&.IIISAIILEDVETI!JIAIII.
IIAIC!i:
OW!ED IMH.L IUSINESS
~
SIZE STANDARD:
D
1!10 COLLECT OAI.L!i
fO.
PAGE
RATtiG
1
TOq
o::~::-~~c->
OEDWOSB
ITEI\!ST08El'UROHASED.IIJtllf~
D SUPPLIES 0
SEIMCES
12. Alllllti!STERED BY
CODEj
14. PAYMENTWILLBEMADEBY
OODEj
11. IPOFFI!R II!IAOOE!'Tal BYTHEOOVERNMEIITWITHIII
OAI.ENOAR DAYS {110 CALENDAR DAYS UNLESS OFFEROR INSERTSA DIFFEREN
PERIOD) FROM THE DATE SET FORTH IN 8LOOI(9 AOO\IE', THE CONTRACTOR
AGREES TO HOlD ITS OFFeRED PRICES FIRM FOR THE ITEMSSOUQITED
HEREIN AND TD.ACCEPT ANY RESULTING CONTRACT SUBJECT TO tHE TERMS
AND OOND!TIONS STATED llEREIN.
!a. CQNTitACTDR
OFFEROR
~~TYI
oood
IJNIOUEENTlTY
IDENTIFIER
CHECK II' REMITTANce: IS DFI'ERENT AND l'UT IUCH ADDRESS IN OfFER
'16. PROMPT PAYIIENT DIIICOIJNT
TELEPHONE NUMBER
0
IUIMlT INVOICESTOADDRiftSHDWN IN BLOCK:
18.
=~~.:~~:a=~lriDN.010.U.S.C.2304
(
tit
11.
1&.
SCHEDULE OF
SUPPLIESISERIIICES
ITEM NIJMl!ER
QUANTITY
20.
LINir
n. ACCOUNTING AND APPROPRIATION DATA
)
21.
UNirPRICE
0
41 u.s.c. :ISS.
(
)
22.
AMOUNT
124. TOTAl. AWARD AMOUNT
,..,.._u..omw
26 . CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO 21. AWARD OF CONTRACT: YOUR OFI;EA ON SOLICITATION
JSSu!NGOFFICE. CONTRACTOR AGREES TO FURNISH MD DEIJ\IERALL ITEMS SET
NUMBERSH0-111 BLOCK41NCLUDINGANY ADDITIONS
FORTH OR OTHERJMSE IDENTIFIED MOW AND ON ANYCON11NIJATION SHEETS
~'i's~?~ESET FORTH HEREIN, IS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
X1, SIGNATURE Of OFFERORICONTRACTOR
211. UN!TEDSTATESOFAMERICA~d~omo..l
0
0
DATE SIGNED
NAME OF CONTRACTINGOFFIC&R
STANDARD FORM 1447 (REV. 812016)
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AUTHORIZED I'OR LOCAL REPROOUCTION
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..........,IIJGIIA· FAR (48CFR)SU1<4(d}
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NAME N>l DTITLE Of SIGNER (T'Ipt>otFtttl}
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53.302–307
Award.
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34. Revise section 53.302–307 to read
as follows:
■
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67762
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
National Defense Authorization Act for
Fiscal Year 2013 (Pub. L. 112–239).
Eight respondents submitted comments
on the FAR proposed rule.
[FR Doc. 2016–23198 Filed 9–29–16; 8:45 am]
BILLING CODE 6820–EP–C
DEPARTMENT OF DEFENSE
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the comments in the
development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments are provided as
follows:
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 5, 7, 8, 10, 12, 15, 16,
19, and 52
[FAC 2005–91; FAR Case 2014–015; Item
VI; Docket No. 2014–0015, Sequence No.
1]
RIN 9000–AM92
Federal Acquisition Regulation;
Consolidation and Bundling
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule to amend the Federal
Acquisition Regulation (FAR) to
implement sections of the Small
Business Jobs Act of 2010 and
regulatory changes made by the Small
Business Administration, which provide
for a Governmentwide policy on
consolidation and bundling.
DATES: Effective: October 31, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Mahruba Uddowla, Procurement
Analyst, at 703–605–2868, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAC 2005–91, FAR Case 2014–015.
SUPPLEMENTARY INFORMATION:
SUMMARY:
asabaliauskas on DSK3SPTVN1PROD with RULES
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
80 FR 31561 on June 3, 2015, to revise
the FAR to provide for a
Governmentwide policy on
consolidation and bundling. The
proposed rule incorporated regulatory
changes made by the Small Business
Administration (SBA) in its final rule
which published in the Federal Register
at 78 FR 61113 on October 2, 2013,
concerning contract consolidation and
bundling.
SBA’s final rule implements the
statutory requirements related to
bundling and consolidation as set forth
in sections 1312 and 1313 of the Small
Business Jobs Act of 2010 (Pub. L. 111–
240), as well as section 1671 of the
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A. Summary of Significant Changes
This final rule makes the following
significant changes from the proposed
rule:
• FAR 2.101—Amends the definition
of ‘‘Small Business Teaming
Arrangement’’ to note the differences
applicable to DoD because of the DoD
´ ´
Pilot Mentor-Protege Program. A similar
change is made at FAR 52.207–6.
• FAR 7.104(d)—Amends the
conditions under which the small
business specialist must notify the
agency Office of Small and
Disadvantaged Business Utilization or
the Office of Small Business Programs to
be consistent with 13 CFR
125.2(c)(4)(ii).
• FAR 7.105(b)(1)(iv)—The second
sentence no longer mentions
consolidation since SBA’s
implementing rule does not require the
identification of incumbent contractors
and contracts affected by the
consolidation.
• FAR 7.107–1(b)—Adds an
exception for acquisitions from a
mandatory source to the requirements at
FAR 7.107 for acquisitions involving
consolidation, bundling, or substantial
bundling.
• FAR 7.107–1—The coverage
formerly at FAR 7.107–1 on necessary
and justified bundling for consolidation
and bundling has been separated and
moved to 7.107–2 and 7.107–3, due to
differences in the statutory and
regulatory requirements.
• FAR 7.107–2(e)—Provides
procedures for consolidation
corresponding to those for bundling at
FAR 7.107–3(c) (now at 7.107–3(f)), to
address the determination that
consolidation is necessary and justified
when the expected benefits do not meet
the quantifiable dollar thresholds for a
substantial benefit but are critical to the
agency’s mission success.
• FAR 7.107–5(c)—Removes the
phrase ‘‘(even if additional requirements
have been added or some have been
deleted)’’ and adds a subparagraph (4)
which requires that the notice to SBA
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67763
include a list of requirements that have
been added or deleted for the follow-on
bundled or consolidated procurement.
The changes will facilitate a more
accurate comparison of savings and
benefits from the prior procurement.
• FAR 15.304(c)(3) and (4)—Excludes
solicitations that are set aside for small
business from the requirements relating
to small business subcontracting-related
evaluation factors for solicitations
involving consolidation.
B. Analysis of Public Comments
1. General
a. Support for the Rule
Comment: One respondent expressed
general support for the rule and that the
proposed changes are positive which
will provide much needed transparency
and ensure that unnecessary and
unjustified bundling do not become the
contracting standard.
Response: Noted.
b. Experiences With Consolidation
Comment: Two respondents
commented on their experience with
consolidation and/or bundling; the
adverse impact on small businesses’
ability to compete in this environment;
and expressed, had this rule been in
effect, their experience very likely could
have been different.
Response: Noted.
c. Need for Table of Thresholds
Comment: One respondent requested
that a table of dollar thresholds may be
useful to clarify the differences between
consolidation and bundling.
Response: With regard to the use of a
table to clarify the differing dollar
thresholds associated with these terms,
the preferred approach is to provide the
guidance for processing a consolidated
or bundled requirement in the area of
the FAR where the respective subject
matter is addressed. For example, the
dollar threshold for triggering the Senior
Procurement Executive’s or Chief
Acquisition Officer’s determination of
necessary and justified consolidation is
discussed in the area of the FAR, 7.107–
2, which addresses consolidation.
Similarly, the dollar thresholds for
substantial bundling and the attendant
requirements for processing these
acquisitions are provided at FAR 7.107–
4. The FAR is arranged in this manner
to allow contracting officers to quickly
turn to the area of the FAR where the
requisite guidance needed for their
given situation is provided.
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]]>Agencies
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67736-67763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23198]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 9, 12, 19, 52, and 53
[FAC 2005-91; FAR Case 2015-022; Item V; Docket No. 2015-0022, Sequence
No. 1]
RIN 9000-AN00
Federal Acquisition Regulation; Unique Identification of Entities
Receiving Federal Awards
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to redesignate the terminology for
unique identification of entities receiving Federal awards. The change
to the FAR removes the proprietary standard or number.
DATES: Effective: October 31, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite FAC 2005-91, FAR Case
2015-022.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 80 FR 72035 on November 18, 2015, to redesignate the
terminology for unique identification of entities receiving Federal
awards. The change to the FAR eliminates references to the proprietary
Data Universal Numbering System (DUNS[supreg]) number, and provides
appropriate references to the Web site where information on the unique
entity identifier used for Federal contractors will be located. This
final rule also establishes definitions of ``unique entity
identifier'', and ``electronic funds transfer (EFT) indicator''. Ten
respondents submitted comments on the proposed rule.
II. Discussion and Analysis
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the comments in the
development of the final rule. All ten respondents agreed with the
rule. No changes were made to the rule as a result of those comments. A
discussion of the comments is provided as follows:
A. Analysis of Public Comments
1. Alternatives to and Considerations for the Evaluation of a
Nonproprietary Entity Identifier
Comment: Six respondents provided an alternative to the current
entity identifier (e.g., Legal Entity Identifier (LEI), Contractor and
Government Entity (CAGE) code) and four respondents provided additional
considerations for the evaluation of alternatives for the entity
identifier.
Response: The scope of this rule is limited to removing the
proprietary standard or number. The Office of Management and Budget
(OMB) and the Department of Treasury, in collaboration with the General
Services Administration and the Award Committee for E-Government, are
establishing a process for considering alternatives to existing entity
identifiers, including soliciting information about viable options from
and reaching out about nonproprietary alternatives to all sectors,
including private companies, nonprofits, and Federal Government
[[Page 67737]]
providers. The analysis of the alternatives for the entity identifier
and the analysis of considerations for the evaluation of alternatives
for the entity identifier are beyond the scope of the case. However,
the FAR Council will share these recommendations with the agencies
conducting the analysis and implementing the changes.
2. Challenges to Statements Made in the Proposed Rule Federal Register
Preamble
Comment: One respondent believed that the statement that the
``current requirement limits competition by using a proprietary number
and organization to meet the identification need as well as the need
for other business information associated with that number''
incorrectly suggests that the business information is only accessible
through usage of the DUNS number. This respondent also challenged the
assertion that the Government is not currently in a position to move
away from use of the DUNS number in the short term. This respondent
recommended that Government agencies consider expanding their
acquisitions of business information services through competitive
procurements.
Response: There is nothing in the FAR linking business information
services to the use of the DUNS number. Agencies are free to procure
business information services as deemed appropriate. Regarding the
short term ability of the Government to move away from the use of the
DUNS number, the Government is in the process of determining
requirements. The unique entity identifier provides multiple pieces of
business information and serves multiple functions. Analysis will be
conducted to ensure the replacement satisfies the full range of
information needed. The Government is establishing a process for
considering alternatives to existing entity identifiers, including
soliciting information about viable options from and reaching out about
nonproprietary alternatives to all sectors, including private
companies, nonprofits, and Federal government providers. The analysis
of alternatives is anticipated to be completed in fiscal year 2017. The
scope of this rule is limited to removing the proprietary standard or
number hence removing the impediment in anticipation of the change. The
Government is interested in reducing cost and that is the reason we are
pursuing this case. Recommendations regarding business information
services are beyond the scope of the case.
B. Other Changes
Conforming changes were made to the following forms: Standard Forms
294, 330, and 1447, and Optional Form 307. These form changes will be
made to be ``Previous Edition Usable'' in order to avoid Government
agencies and Federal contractors having to make unnecessary system
changes to accommodate nonsubstantive changes to forms.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared a Final Regulatory Flexibility
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is summarized as follows:
The rule removes a proprietary standard or number for the unique
identification of entities receiving Federal awards. The current
requirement limits competition by using a proprietary number and
organization to meet the identification needs.
Unique identification of such entities is critical to ensure
Federal dollars are awarded to responsible parties, awardees are
paid in a timely manner, and awards are appropriately recorded and
reported. This is currently accomplished in the FAR by using the
proprietary Data Universal Numbering System (DUNS[supreg]) number
from Dun and Bradstreet. This rule eliminates references to the
proprietary standard or number, and provides appropriate references
to the Web site where information on the unique entity identifier
used for Federal contractors will be designated. Although the
Government does not intend to move away from use of the DUNS number
in the short term, elimination of regulatory references to a
proprietary entity identifier will provide opportunities for future
competition that can reduce costs to taxpayers.
No public comments were submitted in response to the initial
regulatory flexibility analysis.
The final rule is internal to the Government and does not
directly impose any requirements on the vendor community. However,
the rule may affect certain entities if those entities have arranged
certain of their business systems to utilize, accept, or otherwise
recognize the existing unique identifier (DUNS number) and should
that unique identifier be changed at some point to another
identifier. As of June 2015, there were 380,092 unique and active
DUNS numbers designated in the System for Award Management and
attributed to Government contracting.
There is no change to recordkeeping as a result of this rule.
There are no known significant alternative approaches to the
rule that would meet the requirements.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy
of the FRFA to the Chief Counsel for Advocacy of the Small Business
Administration.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 2, 4, 9, 12, 19, 52, and 53
Government procurement.
Dated: September 19, 2016.
William F. 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 2, 4, 9, 12, 19,
52, and 53 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 4, 9, 12, 19, 52, and 53
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
0
2. Amend section 2.101, in paragraph (b)(2) by--
0
a. Removing the definitions ``Data Universal Numbering System (DUNS)
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
b. Adding, in alphabetical order, the definition ``Electronic Funds
Transfer (EFT) indicator'';
0
c. Revising paragraph (1) of the definition ``Registered in the System
for Award Management (SAM) database''; and
0
d. Adding, in alphabetical order, the definition, ``Unique entity
identifier''.
The revisions and additions read as follows:
[[Page 67738]]
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier. The suffix is assigned at the
discretion of the commercial, nonprofit, or Government entity to
establish additional System for Award Management records for
identifying alternative EFT accounts (see subpart 32.11) for the same
entity.
* * * * *
Registered in the System for Award Management (SAM) database * * *
(1) The Contractor has entered all mandatory information, including
the unique entity identifier and the Electronic Funds Transfer
indicator (if applicable), the Commercial and Government Entity (CAGE)
code, as well as data required by the Federal Funding Accountability
and Transparency Act of 2006 (see subpart 4.14), into the SAM database;
* * * * *
Unique entity identifier means a number or other identifier used to
identify a specific commercial, nonprofit, or Government entity. See
www.sam.gov for the designated entity for establishing unique entity
identifiers.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
0
3. Amend section 4.601 by removing the definition ``Generic DUNS
number'' and adding, in alphabetical order, the definition ``Generic
entity identifier'' to read as follows:
4.601 Definitions.
* * * * *
Generic entity identifier means a number or other identifier
assigned to a category of vendors and not specific to any individual or
entity.
* * * * *
0
4. Amend section 4.605 by revising paragraph (b), the heading of
paragraph (c), and paragraphs (c)(1) and (2) introductory text; and
removing from paragraph (c)(2)(i)(C) ``DUNS number'' and adding
``unique entity identifier'' in its place.
The revisions read as follows:
4.605 Procedures.
* * * * *
(b) Unique entity identifier. The contracting officer shall
identify and report a unique entity identifier for the successful
offeror on a contract action. The unique entity identifier shall
correspond to the successful offeror's name and address as stated in
the offer and resultant contract, and as registered in the System for
Award Management database in accordance with the provision at 52.204-7,
System for Award Management. The contracting officer shall ask the
offeror to provide its unique entity identifier by using either the
provision at 52.204-6, Unique Entity Identifier, the provision at
52.204-7, System for Award Management, or the provision at 52.212-1,
Instructions to Offerors--Commercial Items. (For a discussion of the
Commercial and Government Entity (CAGE) Code, which is a different
identifier, see subpart 4.18.)
(c) Generic entity identifier. (1) The use of a generic entity
identifier should be limited, and only used in the situations described
in paragraph (c)(2) of this section. Use of a generic entity identifier
does not supersede the requirements of provisions 52.204-6, Unique
Entity Identifier or 52.204-7, System for Award Management (if present
in the solicitation) for the contractor to have a unique entity
identifier assigned.
(2) Authorized generic entity identifiers, maintained by the
Integrated Award Environment (IAE) program office (https://www.gsa.gov/portal/content/105036), may be used to report contracts in lieu of the
contractor's actual unique entity identifier only for--
* * * * *
0
5. Amend section 4.607 by--
0
a. Removing from paragraph (b) ``Data Universal Numbering System
Number'' and adding ``Unique Entity Identifier'' in its place; and
0
b. Revising paragraph (c) to read as follows.
4.607 Solicitation provisions and contract clause.
* * * * *
(c) Insert the clause at 52.204-12, Unique Entity Identifier
Maintenance, in solicitations and resulting contracts that contain the
provision at 52.204-6, Unique Entity Identifier.
0
6. Amend section 4.1103 by--
0
a. Removing from paragraph (a)(1) ``must register;'' and adding ``shall
register;'' in its place;
0
b. Removing from the introductory text of paragraph (a)(2) ``DUNS
number or, if applicable, the DUNS+4 number,'' and adding ``unique
entity identifier'' in its place;
0
c. Adding to the end of paragraph (a)(2)(i) ``or''; and
0
d. Revising paragraphs (a)(3) and (d) to read as follows:
4.1103 Procedures.
(a) * * *
(3) Need not verify 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)).
* * * * *
(d) The contracting officer shall, on contractual documents
transmitted to the payment office, provide the unique entity identifier
and, if applicable, the Electronic Funds Transfer indicator, in
accordance with agency procedures.
4.1402 [Amended]
0
7. Amend section 4.1402 by removing from paragraph (b), last sentence,
``DUNS number'' and adding ``entity identifier'' in its place.
4.1705 [Amended]
0
8. Amend section 4.1705 by removing from paragraphs (a) and (b) ``DUNS
number'' and adding ``entity identifier'' in their places.
0
9. Amend section 4.1800 by revising paragraph (b) to read as follows.
4.1800 Scope of subpart.
* * * * *
(b) For information on the unique entity identifier, which is a
different identifier, see 4.605 and the provisions at 52.204-6, Unique
Entity Identifier, and 52.204-7, System for Award Management.
0
10. Amend section 4.1802 by revising paragraph (a)(1) and removing from
paragraph (b) ``DUNS Number'' and adding ``unique entity identifier''
in its place.
The revision reads as follows:
4.1802 Policy.
(a) * * * (1) Offerors shall provide the contracting officer the
CAGE code assigned to that offeror's location prior to the award of a
contract action above the micro-purchase threshold, when there is a
requirement to be registered in the System for Award Management (SAM)
or a requirement to have a unique entity identifier in the
solicitation.
* * * * *
4.1804 [Amended]
0
11. Amend section 4.1804 by removing from paragraph (a)(1) ``Data
Universal Numbering System Number'' and adding ``Unique Entity
Identifier'' in its place.
[[Page 67739]]
PART 9--CONTRACTOR QUALIFICATIONS
9.404 [Amended]
0
12. Amend section 9.404 by revising paragraph (b)(6) to read as
follows:
9.404 System for Award Management Exclusions.
* * * * *
(b) * * *
(6) Unique Entity Identifier;
* * * * *
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.301 [Amended]
0
13. Amend section 12.301 by removing from paragraphs (d)(1) and (2)
``DUNS Number'' and adding ``unique entity identifier'' in their
places.
PART 19--SMALL BUSINESS PROGRAMS
19.704 [Amended]
0
14. Amend section 19.704 by removing from paragraphs (a)(10)(v) and
(vi) ``DUNS number'' and adding ``unique entity identifier'' in their
places.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
15. Revise section 52.204-6 to read as follows.
52.204-6 Unique Entity Identifier.
As prescribed in 4.607(b), insert the following provision:
Unique Entity Identifier (Oct 2016)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier. The suffix is assigned at
the discretion of the commercial, nonprofit, or Government entity to
establish additional System for Award Management records for
identifying alternative EFT accounts (see subpart 32.11) for the
same entity.
Unique entity identifier means a number or other identifier used
to identify a specific commercial, nonprofit, or Government entity.
See www.sam.gov for the designated entity for establishing unique
entity identifiers.
(b) The Offeror shall enter, in the block with its name and
address on the cover page of its offer, the annotation ``Unique
Entity Identifier'' followed by the unique entity identifier that
identifies the Offeror's name and address exactly as stated in the
offer. The Offeror also shall enter its EFT indicator, if
applicable.
(c) If the Offeror does not have a unique entity identifier, it
should contact the entity designated at www.sam.gov for
establishment of the unique entity identifier directly to obtain
one. The Offeror should be prepared to provide the following
information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your
entity is commonly recognized.
(3) Company physical street address, city, state and Zip Code.
(4) Company mailing address, city, state and Zip Code (if
separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting
relationship within your entity).
(End of provision)
0
16. Amend section 52.204-7 by--
0
a. Revising the provision heading and the date of the provision;
0
b. Amending paragraph (a) by--
0
1. Removing the definitions ``Data Universal Numbering System (DUNS)
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
2. Adding, in alphabetical order, the definition ``Electronic Funds
Transfer (EFT) indicator'';
0
3. Revising paragraph (1) of the definition ``Registered in the System
for Award Management (SAM) database''; and
0
4. Adding, in alphabetical order, the definition ``Unique entity
identifier'';
0
c. Removing from paragraph (b)(1) ``the offeror'' and adding ``the
Offeror'' in its place; and
0
d. Revising paragraphs (b)(2) and (c).
The revisions and additions read as follows:
52.204-7 System for Award Management.
* * * * *
System for Award Management
(a) Definitions. As used in this provision--
* * * * *
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier. The suffix is assigned at
the discretion of the commercial, nonprofit, or Government entity to
establish additional System for Award Management records for
identifying alternative EFT accounts (see subpart 32.11) for the
same entity.
Registered in the System for Award Management (SAM) database
means that--
(1) The Offeror has entered all mandatory information, including
the unique entity identifier and the EFT indicator, if applicable,
the Commercial and Government Entity (CAGE) code, as well as data
required by the Federal Funding Accountability and Transparency Act
of 2006 (see subpart 4.14) into the SAM database;
* * * * *
Unique entity identifier means a number or other identifier used
to identify a specific commercial, nonprofit, or Government entity.
See www.sam.gov for the designated entity for establishing unique
entity identifiers.
(b) * * *
(2) The Offeror shall enter, in the block with its name and
address on the cover page of its offer, the annotation ``Unique
Entity Identifier'' followed by the unique entity identifier that
identifies the Offeror's name and address exactly as stated in the
offer. The Offeror also shall enter its EFT indicator, if
applicable. The unique entity identifier will be used by the
Contracting Officer to verify that the Offeror is registered in the
SAM database.
(c) If the Offeror does not have a unique entity identifier, it
should contact the entity designated at www.sam.gov for
establishment of the unique entity identifier directly to obtain
one. The Offeror should be prepared to provide the following
information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your
entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if
separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting
relationship within your entity).
* * * * *
0
17. Amend section 52.204-10 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (d)(2)(i) ``identifier (DUNS Number)'' and
adding ``entity identifier'' in its place.
The revision reads as follows:
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards.
* * * * *
Reporting Executive Compensation and First-Tier Subcontract Awards (Oct
2016)
* * * * *
0
18. Revise section 52.204-12 to read as follows:
52.204-12 Unique Entity Identifier Maintenance.
As prescribed in 4.607(c), insert the following clause:
Unique Entity Identifier Maintenance (Oct 2016)
(a) Definition. Unique entity identifier, as used in this
clause, means a number or other identifier used to identify a
specific commercial, nonprofit, or Government entity. See
www.sam.gov for the designated entity for establishing unique entity
identifiers.
(b) The Contractor shall ensure that the unique entity
identifier is maintained with the entity designated at the System
for Award Management (SAM) for establishment of the unique entity
identifier throughout the life of the contract. The Contractor shall
[[Page 67740]]
communicate any change to the unique entity identifier to the
Contracting Officer within 30 days after the change, so an
appropriate modification can be issued to update the data on the
contract. A change in the unique entity identifier does not
necessarily require a novation be accomplished.
(End of clause)
0
19. Amend section 52.204-13 by--
0
a. Revising the date of the clause;
0
b. Amending paragraph (a) by--
0
1. Removing the definitions ``Data Universal Numbering System (DUNS)
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
2. Adding, in alphabetical order, the definition ``Electronic Funds
Transfer (EFT) indicator'';
0
3. Revising paragraph (1) of the definition ``Registered in the System
for Award Management (SAM) database''; and
0
4. Adding, in alphabetical order, the definition ``Unique entity
identifier''; and
0
c. Revising paragraph (c)(3);
The revisions and additions read as follows:
52.204-13 System for Award Management Maintenance.
* * * * *
System for Award Management Maintenance (Oct 2016)
(a) Definitions. * * *
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier. The suffix is assigned at
the discretion of the commercial, nonprofit, or Government entity to
establish additional System for Award Management (SAM) records for
identifying alternative EFT accounts (see subpart 32.11) for the
same entity.
Registered in the System for Award Management (SAM) database
means that--
(1) The Contractor has entered all mandatory information,
including the unique entity identifier and the EFT indicator (if
applicable), the Commercial and Government Entity (CAGE) code, as
well as data required by the Federal Funding Accountability and
Transparency Act of 2006 (see subpart 4.14), into the SAM database;
* * * * *
Unique entity identifier means a number or other identifier used
to identify a specific commercial, nonprofit, or Government entity.
See www.sam.gov for the designated entity for establishing unique
entity identifiers.
* * * * *
(c) * * *
(3) The Contractor shall ensure that the unique entity
identifier is maintained with the entity designated at www.sam.gov
for establishment of the unique entity identifier throughout the
life of the contract. The Contractor shall communicate any change to
the unique entity identifier to the Contracting Officer within 30
days after the change, so an appropriate modification can be issued
to update the data on the contract. A change in the unique entity
identifier does not necessarily require a novation be accomplished.
* * * * *
0
20. Amend section 52.204-14 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (f)(1)(i) ``DUNS number'' and adding
``unique entity identifier'' in its place.
The revision reads as follows:
52.204-14 Service Contract Reporting Requirements.
* * * * *
Service Contract Reporting Requirements (Oct 2016)
* * * * *
0
21. Amend section 52.204-15 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (f)(1)(i) ``DUNS number'' and adding
``unique entity identifier'' in its place.
The revision reads as follows:
52.204-15 Service Contract Reporting Requirements for Indefinite-
Delivery Contracts.
* * * * *
Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (Oct 2016)
* * * * *
0
22. Amend section 52.212-1 by revising the date of the provision and
paragraph (j) to read as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items (Oct 2016)
* * * * *
(j) Unique entity identifier. (Applies to all offers exceeding
$3,500, and offers of $3,500 or less if the solicitation requires
the Contractor to be registered in the System for Award Management
(SAM) database.) The Offeror shall enter, in the block with its name
and address on the cover page of its offer, the annotation ``Unique
Entity Identifier'' followed by the unique entity identifier that
identifies the Offeror's name and address. The Offeror also shall
enter its Electronic Funds Transfer (EFT) indicator, if applicable.
The EFT indicator is a four-character suffix to the unique entity
identifier. The suffix is assigned at the discretion of the Offeror
to establish additional SAM records for identifying alternative EFT
accounts (see subpart 32.11) for the same entity. If the Offeror
does not have a unique entity identifier, it should contact the
entity designated at www.sam.gov for unique entity identifier
establishment directly to obtain one. The Offeror should indicate
that it is an offeror for a Government contract when contacting the
entity designated at www.sam.gov for establishing the unique entity
identifier.
* * * * *
0
23. Amend section 52.212-3 by--
0
a. Revising the date of the provision; and
0
b. Removing from the introductory text of paragraph (p) ``DUNS Number''
and adding ``unique entity identifier'' in its place.
The revision reads as follows:
52.212--3 Offeror Representations and Certifications--Commercial
Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (Oct 2016)
* * * * *
0
24. Amend section 52.212-5 by revising the date of the clause and
paragraphs (b)(4), (b)(6), (b)(7), and (b)(17)(i) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Items (Oct 2016)
* * * * *
(b) * * *
__ (4) 52.204-10, Reporting Executive Compensation and First-
Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101
note).
* * * * *
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct
2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for
Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
* * * * *
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct
2016) (15 U.S.C. 637(d)(4)).
* * * * *
0
25. Amend section 52.213-4 by revising the date of the clause and
paragraph (b)(1)(i) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (Oct 2016)
* * * * *
(b) * * *
(1) * * *
(i) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31
[[Page 67741]]
U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).
* * * * *
0
26. Amend section 52.219-9 by--
0
a. Revising the section heading;
0
b. Revising the date of the clause;
0
c. Removing from paragraph (d)(10)(vi) ``DUNS number,'' and adding
``unique entity identifier,'' in its place.
The revisions read as follows:
52.219-9 Small Business Subcontracting Plan.
* * * * *
Small Business Subcontracting Plan (Oct 2016)
* * * * *
PART 53--FORMS
53.214 [Amended]
0
27. Amend section 53.214 by removing from paragraph (d) ``SF 1447 (Rev.
2/2012)'' and adding ``SF 1447 (Rev. 8/2016)'' in its place.
53.215-1 [Amended]
0
28. Amend section 53.215-1 by removing from paragraph (e) ``OF 307 (9/
97)'' and adding ``OF 307 (Rev. 8/2016)'' in its place.
53.219 [Amended]
0
29. Amend section 53.219 by removing from the paragraph ``(Rev. 10/
2015)'' and adding ``(Rev. 8/2016)'' in its place.
53.236-2 [Amended]
0
30. Amend section 53.236-2 by removing from paragraph (b) ``SF 330
(Rev. 3/2013)'' and adding ``SF 330 (Rev. 8/2016)'' in its place.
0
31. Revise section 53.301-294 to read as follows:
53.301-294 Subcontracting Report for Individual Contracts.
BILLING CODE 6820-EP-P
[[Page 67742]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.004
[[Page 67743]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.005
[[Page 67744]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.006
[[Page 67745]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.007
0
32. Revise section 53.301-330 to read as follows:
53.301-330 Architect-Engineer Qualifications.
[[Page 67746]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.008
[[Page 67747]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.009
[[Page 67748]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.010
[[Page 67749]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.011
[[Page 67750]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.012
[[Page 67751]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.013
[[Page 67752]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.014
[[Page 67753]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.015
[[Page 67754]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.016
[[Page 67755]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.017
[[Page 67756]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.018
[[Page 67757]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.019
[[Page 67758]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.020
[[Page 67759]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.021
0
33. Revise section 53.301-1447 to read as follows:
53.301-1447 Solicitation/Contract.
[[Page 67760]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.022
[[Page 67761]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.023
0
34. Revise section 53.302-307 to read as follows:
53.302-307 Optional Form 307, Contract Award.
[[Page 67762]]
[GRAPHIC] [TIFF OMITTED] TR30SE16.024
[[Page 67763]]
[FR Doc. 2016-23198 Filed 9-29-16; 8:45 am]
BILLING CODE 6820-EP-C
