Federal Acquisition Regulation; Unique Identification of Entities Receiving Federal Awards, 67736-67763 [2016-23198]

Download as PDF 67736 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES 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). VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 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: PO 00000 Effective: October 31, 2016. Frm 00012 Fmt 4701 Sfmt 4700 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 E:\FR\FM\30SER4.SGM 30SER4 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 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. asabaliauskas on DSK3SPTVN1PROD with RULES 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. VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 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. PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 67737 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: ■ E:\FR\FM\30SER4.SGM 30SER4 67738 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: asabaliauskas on DSK3SPTVN1PROD with RULES * 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 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 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 (http://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: PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 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. ■ E:\FR\FM\30SER4.SGM 30SER4 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations (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. asabaliauskas on DSK3SPTVN1PROD with RULES 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: VerDate Sep<11>2014 22:05 Sep 29, 2016 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] Jkt 238001 * * 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. PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 (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 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 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 Jkt 238001 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. ■ PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 ■ [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 E:\FR\FM\30SER4.SGM 30SER4 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% VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.004</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.005</GPH> 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. VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.006</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES STANDARD FORM 294 (REV. 812016) PAGE 3 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 53.301–330 Architect-Engineer Qualifications. PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.007</GPH> 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. VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.008</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 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~ VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.009</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.010</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 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) VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.011</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.012</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.013</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.014</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES PAGE 7 OF INSTRUCTIONS Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 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 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.015</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.016</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES B. ARCHITECT-ENGINEER POINT OF CONTACT Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67755 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.017</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES STANDARD FORM 330 (REV. 812016) PAGE 2 67756 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 23. PROJECTOWNER'SINFORMATION VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.018</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.019</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 29. EXAMPLE PROJECTS KEY 67758 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.020</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES H. ADDITIONAL INFORMATION Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 53.301–1447 PO 00000 Frm 00035 Solicitation/Contract. Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.021</GPH> 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) asabaliauskas on DSK3SPTVN1PROD with RULES AUTHORIZED I'OR LOCAL REPROOUCTION PRIMOUll EDITION NOT USABLE VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 DATE SIGNED ..........,IIJGIIA· FAR (48CFR)SU1<4(d} Frm 00036 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.022</GPH> NAME N>l DTITLE Of SIGNER (T'Ipt>otFtttl} Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 53.302–307 Award. PO 00000 Frm 00037 Optional Form 307, Contract Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.023</GPH> 34. Revise section 53.302–307 to read as follows: ■ 67761 VerDate Sep<11>2014 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4725 E:\FR\FM\30SER4.SGM 30SER4 ER30SE16.024</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 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 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 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. E:\FR\FM\30SER4.SGM 30SER4

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 (http://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