Federal Acquisition Regulation: Removal of Regulations Relating to Telegraphic Communication, 83097-83103 [2016-27684]
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Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations
where greenhouse gas emissions and/or
reduction goals are reported:_____.
Annual Representations and
Certifications (Dec 2016)
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12. Amend section 52.213–4 by—
a. Revising the date of the clause; and
b. Removing from paragraph (b)(1)(xi)
‘‘FAR 23.804(a))’’ and adding ‘‘FAR
23.804(a)(1))’’ in its place.
The revision reads as follows:
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■
■
(c)(1) * * *
(xviii) 52.223–22, Public Disclosure of
Greenhouse Gas Emissions and Reduction
Goals—Representation. This provision
applies to solicitations that include the
clause at 52.204–7.)
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11. Amend section 52.212–3 by—
■ a. Revising the date of the provision;
■ b. Removing from the introductory
text ‘‘Web site located at https://
www.sam.gov/portal’’ ’’ and adding
‘‘Web site located at https://
www.sam.gov/portal.’’ in its place;
■ c. Removing from the introductory
text of the clause and paragraph (b)(2)
‘‘(c) through (s)’’ and adding ‘‘(c)
through (t)’’ in its place; and
■ d. Adding paragraph (t).
The revision and addition reads as
follows:
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
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[Amended]
13. Amend section 52.223–11 by
removing from the introductory text ‘‘in
23.804(a)’’ and adding ‘‘in 23.804(a)(1)’’
in its place.
52.223–12
[Amended]
14. Amend section 52.223–12 by
removing from the introductory text ‘‘in
23.804(b)’’ and adding ‘‘in 23.804(a)(2)’’
in its place.
■
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52.223–20
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standard with publicly available and
consistently applied criteria, such as the
Greenhouse Gas Protocol Corporate Standard.
(2) The Offeror (itself or through its
immediate owner or highest-level owner) [ ]
does, [ ] does not publicly disclose a
quantitative greenhouse gas emissions
reduction goal, i.e., make available on a
publicly available Web site a target to reduce
absolute emissions or emissions intensity by
a specific quantity or percentage.
(3) A publicly accessible Web site includes
the Offeror’s own Web site or a recognized,
third-party greenhouse gas emissions
reporting program.
(c) If the Offeror checked ‘‘does’’ in
paragraphs (b)(1) or (b)(2) of this provision,
respectively, the Offeror shall provide the
publicly accessible Web site(s) where
greenhouse gas emissions and/or reduction
goals are reported:_____.
(End of provision)
[FR Doc. 2016–27686 Filed 11–17–16; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Amended]
15. Amend section 52.223–20 by
removing from the introductory text ‘‘in
23.804(c)’’ and adding ‘‘in 23.804(a)(3)’’
in its place.
48 CFR Parts 5, 14, 19, 22, 25, 28, 43,
47, 49, 52, and 53
52.223–21
RIN 9000–AN23
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00:00 Nov 18, 2016
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(t) Public Disclosure of Greenhouse Gas
Emissions and Reduction Goals. Applies in
all solicitations that require offerors to
register in SAM (52.212–1(k)).
(1) This representation shall be completed
if the Offeror received $7.5 million or more
in contract awards in the prior Federal fiscal
year. The representation is optional if the
Offeror received less than $7.5 million in
Federal contract awards in the prior Federal
fiscal year.
(2) Representation. [Offeror to check
applicable block(s) in paragraph (t)(2)(i) and
(ii)]. (i) The Offeror (itself or through its
immediate owner or highest-level owner) [ ]
does, [ ] does not publicly disclose
greenhouse gas emissions, i.e., makes
available on a publicly accessible Web site
the results of a greenhouse gas inventory,
performed in accordance with an accounting
standard with publicly available and
consistently applied criteria, such as the
Greenhouse Gas Protocol Corporate Standard.
(ii) The Offeror (itself or through its
immediate owner or highest-level owner) [ ]
does, [ ] does not publicly disclose a
quantitative greenhouse gas emissions
reduction goal, i.e., make available on a
publicly accessible Web site a target to
reduce absolute emissions or emissions
intensity by a specific quantity or percentage.
(iii) A publicly accessible Web site
includes the Offeror’s own Web site or a
recognized, third-party greenhouse gas
emissions reporting program.
(3) If the Offeror checked ‘‘does’’ in
paragraphs (t)(2)(i) or (t)(2)(ii) of this
provision, respectively, the Offeror shall
provide the publicly accessible Web site(s)
VerDate Sep<11>2014
*
52.223–11
Offeror Representations and
Certifications—Commercial Items (Dec
2016)
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Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items). (Dec 2016)
52.212–3 Offeror Representations and
Certifications—Commercial Items.
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83097
[Amended]
16. Amend section 52.223–21 by
removing from the introductory
paragraph ‘‘in 23.804(d)’’ and adding
‘‘in 23.804(a)(4)’’ in its place.
■ 17. Add section 52.223–22 to read as
follows:
■
52.223–22 Public Disclosure of
Greenhouse Gas Emissions and Reduction
Goals—Representation.
As prescribed in 23.804(b), insert the
following provision:
Public Disclosure of Greenhouse Gas
Emissions and Reduction Goals—
Representation (Dec 2016)
(a) This representation shall be completed
if the Offeror received $7.5 million or more
in Federal contract awards in the prior
Federal fiscal year. The representation is
optional if the Offeror received less than $7.5
million in Federal contract awards in the
prior Federal fiscal year.
(b) Representation. [Offeror is to check
applicable blocks in paragraphs (b)(1) and
(2).]
(1) The Offeror (itself or through its
immediate owner or highest-level owner) [ ]
does, [ ] does not publicly disclose
greenhouse gas emissions, i.e., make
available on a publicly accessible Web site
the results of a greenhouse gas inventory,
performed in accordance with an accounting
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[FAC 2005–92; FAR Case 2015–035; Item
II; Docket No. 2015–0035, Sequence No. 1]
Federal Acquisition Regulation:
Removal of Regulations Relating to
Telegraphic Communication
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
delete the use of ‘‘telegram,’’
‘‘telegraph,’’ and related terms. The
objective is to delete references to
obsolete technologies no longer in use
and replace with references to electronic
communications. In addition,
conforming changes are made regarding
expedited notices of termination and
change orders.
DATES: Effective: December 19, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Camara Francis, Procurement Analyst,
at 202–550–0935 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–
92, FAR Case 2015–035.
SUMMARY:
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Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a
proposed rule in Federal Register at 81
FR 36245 on June 6, 2016, soliciting
public comments on this rule, to amend
the FAR to delete the use of the terms
‘‘telegram,’’ ‘‘telegraph,’’ ‘‘telegraphic,’’
and related terminology and make
conforming changes to the instructions
for expedited notices of termination and
change orders.
This rule is consistent with the Office
of Federal Procurement Policy (OFPP)
memorandum dated December 4, 2014,
on transforming the marketplace, which
describes ongoing actions to support the
needs of a 21st century Government.
Two public comments were received
supporting the changes.
II. Discussion and Analysis
The Councils reviewed the public
comments in development of the final
rule.
A. Summary of Significant Changes
There were no changes made to the
rule as a result of the comments
received.
B. Analysis of Public Comments
Comment: Two respondents
expressed support for the changes,
highlighting the benefit of removing
outdated terms and modernizing
technologies and regulations.
Response: The Government notes the
public support for this rule.
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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:
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00:00 Nov 18, 2016
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The final rule amends the Federal
Acquisition Regulation (FAR) to delete the
use of ‘‘telegram,’’ ‘‘telegraph,’’ and related
terms. These terms are replaced with an
option for electronic communications. The
objective is to delete obsolete technologies no
longer in use within the context of the FAR
requirements. This proposed rule is
consistent with the Office of Federal
Procurement Policy (OFPP) memorandum
dated December 4, 2014, on transforming the
marketplace, which describes ongoing
actions to support the needs of a 21st century
Government.
There were no significant issues raised by
the public in response to the Initial
Regulatory Flexibility Analysis provided in
the proposed rule.
The final rule would apply to all entities,
both small and other than small, performing
as contractors or subcontractors on U.S.
Government contracts. In 2014 there were
about 350,000 active registrants in the
System for Award Management (SAM). DoD,
GSA, and NASA estimate approximately half
of the registrants (175,000) are small entities
that will receive a contract or subcontract in
a given year. In 2014 small entities received
1,398,605 or about 9 percent of all actions in
that year per the Federal Procurement Data
System (FPDS). However, the small entities
are not expected to be affected by this rule,
as the only change provided in this rule is
a revision of the means of disseminating
contract termination documents between the
Government and contractors. This change
only affects the Government’s responsibility
for transmitting termination notices.
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.
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 5, 14,
19, 22, 25, 28, 43, 47, 49, 52, and 53
Government procurement.
Dated: November 10, 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 5, 14, 19, 22, 25,
28, 43, 47, 49, 52, and 53 as follows:
■ 1. The authority citation for 48 CFR
parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 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.
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PART 5—PUBLICIZING CONTRACT
ACTIONS
5.504
[Amended]
2. Amend section 5.504 by removing
from paragraph (d) ‘‘telegrams,’’.
■
PART 14—SEALED BIDDING
14.201–6
[Amended]
3. Amend section 14.201–6 by
removing and reserving paragraph (g).
■
14.202–2
[Removed and Reserved]
4. Remove and reserve section
14.202–2.
■ 5. Amend section 14.208 by revising
paragraph (b) to read as follows:
■
14.208
Amendment of invitation for bids.
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(b) Before amending an invitation for
bids, the contracting officer shall
consider the period of time remaining
until bid opening and the need to
extend this period.
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14.301
[Amended]
6. Amend section 14.301 by removing
paragraph (b) and redesignating
paragraphs (c) through (e) as paragraphs
(b) through (d), respectively.
■ 7. Revise section 14.302 to read as
follows:
■
14.302
Bid submission.
Bids shall be submitted so that they
will be received in the office designated
in the invitation for bids not later than
the exact time set for opening of bids.
■ 8. Amend section 14.303 by revising
paragraph (a) to read as follows:
14.303
Modification or withdrawal of bids.
(a) Bids may be modified or
withdrawn by any method authorized
by the solicitation, if notice is received
in the office designated in the
solicitation not later than the exact time
set for opening of bids. If the solicitation
authorizes facsimile bids, bids may be
modified or withdrawn via facsimile
received at any time before the exact
time set for receipt of bids, subject to the
conditions specified in the provision
prescribed in 14.201–6(v). Modifications
received by facsimile shall be sealed in
an envelope by a proper official.
(1) The official shall—
(i) Write on the envelope—
(A) The date and time of receipt and
by whom; and
(B) The number of invitation for bids;
and
(ii) Sign the envelope.
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(2) No information contained in the
envelope shall be disclosed before the
time set for bid opening.
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14.407–3
47.305–10 Packing, marking, and
consignment instructions.
PART 47—TRANSPORTATION
16. Amend section 47.305–10 by
revising paragraph (c) to read as follows:
[Amended]
9. Amend section 14.407–3 by
removing paragraph (g)(4) and
redesignating paragraph (g)(5) as (g)(4).
■
14.408–1
[Amended]
10. Amend section 14.408–1 by
removing from paragraph (d)(2)
‘‘telegrams or electronic transmissions’’
and adding ‘‘electronic
communications’’ in its place.
■
PART 19—SMALL BUSINESS
PROGRAMS
19.302
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(c) If necessary to meet required
delivery schedules, the contracting
officer may issue instructions by
telephone or electronic means. The
contracting officer shall confirm
telephonic instructions in writing, and
confirm electronic instructions if the
contracting officer did not receive
confirmation of receipt.
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PART 49—TERMINATION OF
CONTRACTS
[Amended]
11. Amend section 19.302 by
removing from paragraph (d)(1)(ii)
‘‘telegram,’’.
■
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
49.102
22.1003–3
[Amended]
12. Amend section 22.1003–3 by
removing from paragraph (d)
‘‘telegraph,’’.
■
PART 25—FOREIGN ACQUISITION
25.401
[Amended]
13. Amend section 25.401, in the
table, by removing from paragraph
(b)(2)(iii) ‘‘telegraph services,’’, and
removing ‘‘47 U.S.C. 153(20)’’ and
adding ‘‘47 U.S.C. 153(24)’’ in its place.
■
PART 28—BONDS AND INSURANCE
28.101–4
[Amended]
14. Amend section 28.101–4 by
removing paragraph (c)(6) and
redesignating paragraphs (c)(7) through
(9) as paragraphs (c)(6) through (8),
respectively.
■
PART 43—CONTRACT
MODIFICATIONS
15. Amend section 43.201 by revising
paragraph (c) to read as follows:
■
43.201
General.
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(c) The contracting officer may issue
a change order by electronic means
without a SF 30 under unusual or
urgent circumstances, provided that the
message contains substantially the
information required by the SF 30 and
immediate action is taken to issue the
SF 30.
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Jkt 241001
Notice of termination.
(a) General. The contracting officer
shall terminate contracts for
convenience or default only by a written
notice to the contractor (see 49.601).
The notice of termination may be
expedited by means of electronic
communication capable of providing
confirmation of receipt by the
contractor. When the notice is mailed, it
shall be sent by certified mail, return
receipt requested. When the contracting
office arranges for hand delivery of the
notice, a written acknowledgment shall
be obtained from the contractor. The
notice shall state—
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■ 18. Amend section 49.601–1 by—
■ a. Revising the section heading;
■ b. Adding introductory text;
■ c. Removing from paragraph (a)
‘‘telegraphic’’, ‘‘[insert ‘‘immediately’’’’,
and ‘‘Telegraph’’, and adding
‘‘electronic’’, ‘‘[insert ‘‘immediately,
(today’s date)’’’’, and ‘‘Provide by
electronic means’’ in their places,
respectively; and
■ d. Removing from paragraph (b)
‘‘telegraphic’’, ‘‘[insert ‘‘immediately’’’’,
and ‘‘Telegraph’’, and adding
‘‘electronic’’, ‘‘[insert ‘‘immediately,
(today’s date)’’’’, and ‘‘Provide by
electronic means’’ in their places,
respectively.
The revision and addition reads as
follows:
49.601–1
Electronic notice.
The contracting officer may provide
expedited notice of termination by
electronic means that includes a
requirement for the contractor to
confirm receipt. If the contractor does
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not confirm receipt promptly, the
contracting officer shall resend the
notice electronically, and expedite the
letter notice described in 49.601–2. If
confirmation of the electronic notice is
received, and the electronic notice
includes all content in 49.601–2, the
contracting officer need not send the
letter notice described in 49.601–2.
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■ 19. Amend section 49.601–2 by—
■ a. Revising the third and fourth
sentences of the introductory text;
■ b. Removing from paragraph (a),
‘‘telegram’’ and adding ‘‘electronic
notice’’ in its places (two times); and
■ c. Revising the introductory text of the
Alternate notice.
The revisions read as follows:
49.601–2
17. Amend section 49.102 by revising
the introductory text of paragraph (a) to
read as follows:
■
83099
Letter notice.
* * * This notice shall be sent by
certified mail, return receipt requested,
or electronically, provided evidence of
receipt is received by the contracting
officer. If no prior electronic notice was
issued, or if no confirmation of an
electronic notice was received, use the
alternate notice that follows this notice.
*
*
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Alternate notice. Substitute the
following paragraph (a) for paragraph (a)
of 49.601–2, Notice of Termination to
Prime Contractors, if no prior electronic
notice was issued, or if no confirmation
of an electronic notice was received:
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*
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PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
20. Amend section 52.214–3 by
revising the date of the provision and
paragraph (b) to read as follows:
■
52.214–3
Bids.
*
*
Amendments to Invitations for
*
*
*
Amendments to Invitations for Bids
DEC 2016
*
*
*
*
*
(b)(1) Bidders shall acknowledge receipt of
any amendment to this solicitation—
(i) By signing and returning the
amendment;
(ii) By identifying the amendment number
and date in space provided for this purpose
on the form for submitting a bid;
(iii) By letter;
(iv) By facsimile, if facsimile bids are
authorized in the solicitation; or
(v) By email, if email bids are authorized
in the solicitation.
(2) The Government must receive the
acknowledgement by the time and at the
place specified for receipt of bids.
■
■
■
21. Amend section 52.214–5 by—
a. Revising the date of the provision;
b. Removing paragraph (c); and
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Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations
c. Redesignating paragraphs (d) and
(e), as paragraphs (c) and (d),
respectively.
The revision reads as follows:
■
52.214–5
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*
Submission of Bids.
*
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*
PART 53—FORMS
53.243
53.213
■
[Amended]
23. Amend section 53.213 by
removing from paragraph (b) ‘‘(10/83)’’
and adding ‘‘(11/2016)’’ in its place.
■
Submission of Bids Dec 2016
53.215–1
*
■
*
52.214–13
*
*
*
[Removed and Reserved]
22. Remove and reserve section
52.214–13.
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■
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[Amended]
24. Amend section 53.215–1 by
removing from paragraph (b) ‘‘(10/83)’’
and adding ‘‘(11/2016)’’ in its place.
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[Amended]
25. Amend section 53.243,
introductory text, by removing ‘‘(10/
83)’’ and adding ‘‘(11/2016)’’ in its
place.
26. Revise 53.301–30 to read as
follows:
■
53.301–30 SF 30, Amendment of
Solicitation/Modification of Contract.
BILLING CODE 6820–EP–P
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F'r.-lbod by GSA FAR (48 CFR) 53.243
83102
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations
INSTRUCTIONS (Back Page):
Instructions for Items other than those that are self-explanatory, are as follows:
(a) Item 1 <Contract IP Code>. Insert the contract type
identification code that appears in the title block of
the contract being modified.
(b)
(2) Accounting classification
Net decrease
---------·$ -----·--
NOTE: If there are changes to multiple accounting
classifications that cannot be placed in block 12.
Insert an asterisk and the words •see continuation
sheet".
Utm ~ (Eff!!!<llve dalt).
(1) For a solicitation amendment, change order,
or administrative change, the effective date
shall be the issue date of the amendment,
change order, or administrative change.
(2) For a supplemental agreement, the effective
date shall be the date agreed to by the
contracting parties.
(g)
(3) For a modlfleatlon Issued as an Initial or
confirming notic:a of termination for the
(h)
Item 13. Cheek the appropriate box to indicate the
type of modification. Insert in the corresponding
blank the authority under which the modlfleation Is
issued. Cheek whether or not contractor ITI.ISf: sign
this document. (See FAR 43.103.)
lltm 1~ (DI~~<I:isms;m 2f A!DIIldmtDtlM2dimii!:lk!D).
(1) Organize amendments or modifications under
the appropriate Uniform Contract Format (UCF)
Mctlon headings from the applicable
solicitation or contract. The UCF table of
contents, however, shall not be set forth In this
document.
convenience of the Government, the effective
date and the modification number of the
confirming notic:a shall be the same as the
effective date and modifteation number of the
Initial notice.
(4) For a modifteation converting a termination for
default to a termination for the convenience of
the Government, the effective date shaD be the
same as the effective date of the termination for
default.
(5) For a modlfleatlon confirming the contracting
officer's determination of the amount due In
settlement of a contract termination, the effective
date shall be the same as the effective date of
the Initial decision.
(2) Indicate the impact of the modification on the
overall total contract price by Inserting one of
the following entries:
(I) Total contract price Increased by$ ...-···-···-····
(i~
Total contract price decreased by$_,___
011) Total contract price unchanged.
Item fl (!uued Bv>. Insert the name and address of
(3) state reason for modification.
the Issuing office. If applicable, Insert the
appropriate Issuing ofrtce code in the code block.
(e)
(4) \/Vhen removing, reinstating, or adding funds,
identifj the contract: items and ac:c:ountlng
classlfleatlons.
(d) Item a (Name and Address of Contractor). For
modifications to a contract: or order. enter the
contractor's name, address, and code as shown in
the original contract or order, unless changed by
this or a previous modification.
(5) \/Vhen the SF 30 is used to reflect a
determination by the contracting officer of the
amount due In settlement of a contract
terminated for the convenience of the
Government, the entry In Item 14 of the
modification may be limited to -
(e) Items 9, (Amendment of Solicitation NumberDatad) I!Dd HI (Mm:lifiC!dgo 2f Cgntmet!Qr:dll
Number - Dated). Cheek the appropriate box and In
the corresponding blanks insert the number and
date of the original solicitation, contract, or order.
(f)
(I) A reference to the letter determination; and
(ii) A statement of the net amount determined
to be dua In settlement of the contract.
Utm :12 (Acco!.!lll!og alld ADDroQI:ilti!:!D DO).
V'iR'Ien appropriate, Indicate the Impact of the
modlfleation on each affected accounting
classification by Inserting one of the following
entries:
(6) Include subject matter or short title of
solicitation/contract where feasible.
0)
(1) Accounting cta.ssifation ..._ .._ .._..._..._.._ ..
Net increase
$ -··-··-·-·-·-··
Item 168. The contracting officer's signature is not
required on solicitation amendments. The
contracting officer's signature Is normally affixed last
on supplemental agreements.
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STANDARD FORM30 (REV. 1112016) BACK
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations
(b) * * *
(2) * * *
Earned value management system
means a project management tool that
effectively integrates the project scope
of work with cost, schedule and
performance elements for optimum
project planning and control. The
qualities and operating characteristics of
an earned value management system are
described in Electronic Industries
Alliance Standard 748 (EIA–748),
Earned Value Management Systems.
(See OMB Circular A–11, Part 7.)
*
*
*
*
*
[FR Doc. 2016–27684 Filed 11–17–16; 8:45 am]
BILLING CODE 6820–EP–C
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 7, 19, 34, 42, and 52
[FAC 2005–92; Item III; Docket No. 2016–
0052; Sequence No. 5]
PART 7—ACQUISITION PLANNING
Federal Acquisition Regulation;
Technical Amendments
7.105
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
editorial changes.
DATES: Effective: November 18, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Hada Flowers, Regulatory Secretariat
Division (MVCB), 1800 F Street NW.,
2nd Floor, Washington, DC 20405, 202–
501–4755. Please cite FAC 2005–92,
Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to
update certain elements in 48 CFR parts
2, 7, 19, 34, 42, and 52 this document
makes editorial changes to the FAR.
SUMMARY:
List of Subjects in 48 CFR Parts 2, 7, 19,
34, 42, and 52
Government procurement.
Dated: November 10, 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, 7, 19, 34, 42, and
52 as set forth below:
■ 1. The authority citation for 48 CFR
parts 2, 7, and 19 continues to read as
follow:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
mstockstill on DSK3G9T082PROD with RULES6
PART 2—DEFINITIONS OF WORDS
AND TERMS
2. Amend section 2.101, in paragraph
(b)(2) by revising the definition ‘‘Earned
value management system’’ to read as
follows:
■
2.101
*
Definitions.
*
*
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*
*
00:00 Nov 18, 2016
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[Amended]
3. Amend section 7.105 by removing
from paragraph (b)(11) ‘‘American
National Standards Institute/Electronics
Industries Alliance (ANSI/EIA)
Standard–748, Earned Value
Management Systems’’ and adding
‘‘Electronic Industries Alliance
Standard 748 (EIA–748)’’ in its place.
■
83103
would be received from two or more
WOSB concerns (including EDWOSB
concerns); and
(3) The conditions in paragraph (c) of
this section exist.
(c)(1) The anticipated award price of
the contract, including options, will not
exceed—
(i) $6.5 million for a requirement
within the NAICS codes for
manufacturing; or
(ii) $4 million for a requirement
within any other NAICS codes.
(2) The EDWOSB concern or WOSB
concern has been determined to be a
responsible contractor with respect to
performance.
(3) The award can be made at a fair
and reasonable price.
(d) The SBA has the right to appeal
the contracting officer’s decision not to
make a sole source award to either an
EDWOSB concern or WOSB concern
eligible under the WOSB program.
PART 34—MAJOR SYSTEM
ACQUISITION
PART 19—SMALL BUSINESS
PROGRAMS
■
■
4. Revise section 19.1506 to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
19.1506 Women-Owned Small Business
Program sole source awards.
Subpart 34.0
5. The authority citation for 48 CFR
part 34 is revised to read as follows:
(a) A contracting officer shall consider
a contract award to an EDWOSB
concern on a sole source basis (see
6.302–5(b)(7)) before considering small
business set-asides (see 19.203 and
subpart 19.5) provided none of the
exclusions at 19.1504 apply and—
(1) The acquisition is assigned a
NAICS code in which SBA has
determined that WOSB concerns are
underrepresented in Federal
procurement;
(2) The contracting officer does not
have a reasonable expectation that offers
would be received from two or more
EDWOSB concerns; and
(3) The conditions in paragraph (c) of
this section exist.
(b) A contracting officer shall consider
a contract award to a WOSB concern
(including EDWOSB concerns) eligible
under the WOSB Program on a sole
source basis (see 6.302–5(b)(7)) before
considering small business set-asides
(see 19.203 and subpart 19.5) provided
none of the exclusions at 19.1504 apply
and—
(1) The acquisition is assigned a
NAICS code in which SBA has
determined that WOSB concerns are
substantially underrepresented in
Federal procurement;
(2) The contracting officer does not
have a reasonable expectation that offers
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[Amended]
6. Remove the heading of subpart
34.0.
■
34.005–2
[Amended]
7. Amend section 34.005–2 by
removing from paragraph (b)(6) ‘‘ANSI/
EIA Standard—748’’ and adding
‘‘Electronic Industries Alliance
Standard 748 (EIA–748)’’ in its place.
■
34.201
[Amended]
8. Amend section 34.201 by removing
from paragraph (b) ‘‘American National
Standards Institute/Electronics
Industries Alliance (ANSI/EIA)
Standard—748, Earned Value
Management Systems’’ and adding
‘‘Electronic Industries Alliance
Standard 748 (EIA–748)’’ in its place.
■
34.203
[Amended]
9. Amend section 34.203 by—
a. Removing from paragraph (a)
‘‘Notice of Earned Value Management
System—Pre-Award IBR’’ and adding
‘‘Notice of Earned Value Management
System—Preaward Integrated Baseline
Review’’ in its place; and
■ b. Removing from paragraph (b)
‘‘Notice of Earned Value Management
System—Post-Award IBR’’ and adding
‘‘Notice of Earned Value Management
System—Postaward Integrated Baseline
Review’’ in its place.
■
■
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]]>Agencies
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Rules and Regulations]
[Pages 83097-83103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27684]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52, and 53
[FAC 2005-92; FAR Case 2015-035; Item II; Docket No. 2015-0035,
Sequence No. 1]
RIN 9000-AN23
Federal Acquisition Regulation: Removal of Regulations Relating
to Telegraphic Communication
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 delete the use of ``telegram,''
``telegraph,'' and related terms. The objective is to delete references
to obsolete technologies no longer in use and replace with references
to electronic communications. In addition, conforming changes are made
regarding expedited notices of termination and change orders.
DATES: Effective: December 19, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Camara Francis, Procurement
Analyst, at 202-550-0935 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite FAC 2005-92, FAR Case
2015-035.
[[Page 83098]]
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule in Federal Register at
81 FR 36245 on June 6, 2016, soliciting public comments on this rule,
to amend the FAR to delete the use of the terms ``telegram,''
``telegraph,'' ``telegraphic,'' and related terminology and make
conforming changes to the instructions for expedited notices of
termination and change orders.
This rule is consistent with the Office of Federal Procurement
Policy (OFPP) memorandum dated December 4, 2014, on transforming the
marketplace, which describes ongoing actions to support the needs of a
21st century Government.
Two public comments were received supporting the changes.
II. Discussion and Analysis
The Councils reviewed the public comments in development of the
final rule.
A. Summary of Significant Changes
There were no changes made to the rule as a result of the comments
received.
B. Analysis of Public Comments
Comment: Two respondents expressed support for the changes,
highlighting the benefit of removing outdated terms and modernizing
technologies and regulations.
Response: The Government notes the public support for this rule.
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 final rule amends the Federal Acquisition Regulation (FAR)
to delete the use of ``telegram,'' ``telegraph,'' and related terms.
These terms are replaced with an option for electronic
communications. The objective is to delete obsolete technologies no
longer in use within the context of the FAR requirements. This
proposed rule is consistent with the Office of Federal Procurement
Policy (OFPP) memorandum dated December 4, 2014, on transforming the
marketplace, which describes ongoing actions to support the needs of
a 21st century Government.
There were no significant issues raised by the public in
response to the Initial Regulatory Flexibility Analysis provided in
the proposed rule.
The final rule would apply to all entities, both small and other
than small, performing as contractors or subcontractors on U.S.
Government contracts. In 2014 there were about 350,000 active
registrants in the System for Award Management (SAM). DoD, GSA, and
NASA estimate approximately half of the registrants (175,000) are
small entities that will receive a contract or subcontract in a
given year. In 2014 small entities received 1,398,605 or about 9
percent of all actions in that year per the Federal Procurement Data
System (FPDS). However, the small entities are not expected to be
affected by this rule, as the only change provided in this rule is a
revision of the means of disseminating contract termination
documents between the Government and contractors. This change only
affects the Government's responsibility for transmitting termination
notices.
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.
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 5, 14, 19, 22, 25, 28, 43, 47, 49,
52, and 53
Government procurement.
Dated: November 10, 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 5, 14, 19, 22, 25,
28, 43, 47, 49, 52, and 53 as follows:
0
1. The authority citation for 48 CFR parts 5, 14, 19, 22, 25, 28, 43,
47, 49, 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 5--PUBLICIZING CONTRACT ACTIONS
5.504 [Amended]
0
2. Amend section 5.504 by removing from paragraph (d) ``telegrams,''.
PART 14--SEALED BIDDING
14.201-6 [Amended]
0
3. Amend section 14.201-6 by removing and reserving paragraph (g).
14.202-2 [Removed and Reserved]
0
4. Remove and reserve section 14.202-2.
0
5. Amend section 14.208 by revising paragraph (b) to read as follows:
14.208 Amendment of invitation for bids.
* * * * *
(b) Before amending an invitation for bids, the contracting officer
shall consider the period of time remaining until bid opening and the
need to extend this period.
* * * * *
14.301 [Amended]
0
6. Amend section 14.301 by removing paragraph (b) and redesignating
paragraphs (c) through (e) as paragraphs (b) through (d), respectively.
0
7. Revise section 14.302 to read as follows:
14.302 Bid submission.
Bids shall be submitted so that they will be received in the office
designated in the invitation for bids not later than the exact time set
for opening of bids.
0
8. Amend section 14.303 by revising paragraph (a) to read as follows:
14.303 Modification or withdrawal of bids.
(a) Bids may be modified or withdrawn by any method authorized by
the solicitation, if notice is received in the office designated in the
solicitation not later than the exact time set for opening of bids. If
the solicitation authorizes facsimile bids, bids may be modified or
withdrawn via facsimile received at any time before the exact time set
for receipt of bids, subject to the conditions specified in the
provision prescribed in 14.201-6(v). Modifications received by
facsimile shall be sealed in an envelope by a proper official.
(1) The official shall--
(i) Write on the envelope--
(A) The date and time of receipt and by whom; and
(B) The number of invitation for bids; and
(ii) Sign the envelope.
[[Page 83099]]
(2) No information contained in the envelope shall be disclosed
before the time set for bid opening.
* * * * *
14.407-3 [Amended]
0
9. Amend section 14.407-3 by removing paragraph (g)(4) and
redesignating paragraph (g)(5) as (g)(4).
14.408-1 [Amended]
0
10. Amend section 14.408-1 by removing from paragraph (d)(2)
``telegrams or electronic transmissions'' and adding ``electronic
communications'' in its place.
PART 19--SMALL BUSINESS PROGRAMS
19.302 [Amended]
0
11. Amend section 19.302 by removing from paragraph (d)(1)(ii)
``telegram,''.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1003-3 [Amended]
0
12. Amend section 22.1003-3 by removing from paragraph (d)
``telegraph,''.
PART 25--FOREIGN ACQUISITION
25.401 [Amended]
0
13. Amend section 25.401, in the table, by removing from paragraph
(b)(2)(iii) ``telegraph services,'', and removing ``47 U.S.C. 153(20)''
and adding ``47 U.S.C. 153(24)'' in its place.
PART 28--BONDS AND INSURANCE
28.101-4 [Amended]
0
14. Amend section 28.101-4 by removing paragraph (c)(6) and
redesignating paragraphs (c)(7) through (9) as paragraphs (c)(6)
through (8), respectively.
PART 43--CONTRACT MODIFICATIONS
0
15. Amend section 43.201 by revising paragraph (c) to read as follows:
43.201 General.
* * * * *
(c) The contracting officer may issue a change order by electronic
means without a SF 30 under unusual or urgent circumstances, provided
that the message contains substantially the information required by the
SF 30 and immediate action is taken to issue the SF 30.
PART 47--TRANSPORTATION
0
16. Amend section 47.305-10 by revising paragraph (c) to read as
follows:
47.305-10 Packing, marking, and consignment instructions.
* * * * *
(c) If necessary to meet required delivery schedules, the
contracting officer may issue instructions by telephone or electronic
means. The contracting officer shall confirm telephonic instructions in
writing, and confirm electronic instructions if the contracting officer
did not receive confirmation of receipt.
* * * * *
PART 49--TERMINATION OF CONTRACTS
0
17. Amend section 49.102 by revising the introductory text of paragraph
(a) to read as follows:
49.102 Notice of termination.
(a) General. The contracting officer shall terminate contracts for
convenience or default only by a written notice to the contractor (see
49.601). The notice of termination may be expedited by means of
electronic communication capable of providing confirmation of receipt
by the contractor. When the notice is mailed, it shall be sent by
certified mail, return receipt requested. When the contracting office
arranges for hand delivery of the notice, a written acknowledgment
shall be obtained from the contractor. The notice shall state--
* * * * *
0
18. Amend section 49.601-1 by--
0
a. Revising the section heading;
0
b. Adding introductory text;
0
c. Removing from paragraph (a) ``telegraphic'', ``[insert
``immediately'''', and ``Telegraph'', and adding ``electronic'',
``[insert ``immediately, (today's date)'''', and ``Provide by
electronic means'' in their places, respectively; and
0
d. Removing from paragraph (b) ``telegraphic'', ``[insert
``immediately'''', and ``Telegraph'', and adding ``electronic'',
``[insert ``immediately, (today's date)'''', and ``Provide by
electronic means'' in their places, respectively.
The revision and addition reads as follows:
49.601-1 Electronic notice.
The contracting officer may provide expedited notice of termination
by electronic means that includes a requirement for the contractor to
confirm receipt. If the contractor does not confirm receipt promptly,
the contracting officer shall resend the notice electronically, and
expedite the letter notice described in 49.601-2. If confirmation of
the electronic notice is received, and the electronic notice includes
all content in 49.601-2, the contracting officer need not send the
letter notice described in 49.601-2.
* * * * *
0
19. Amend section 49.601-2 by--
0
a. Revising the third and fourth sentences of the introductory text;
0
b. Removing from paragraph (a), ``telegram'' and adding ``electronic
notice'' in its places (two times); and
0
c. Revising the introductory text of the Alternate notice.
The revisions read as follows:
49.601-2 Letter notice.
* * * This notice shall be sent by certified mail, return receipt
requested, or electronically, provided evidence of receipt is received
by the contracting officer. If no prior electronic notice was issued,
or if no confirmation of an electronic notice was received, use the
alternate notice that follows this notice.
* * * * *
Alternate notice. Substitute the following paragraph (a) for
paragraph (a) of 49.601-2, Notice of Termination to Prime Contractors,
if no prior electronic notice was issued, or if no confirmation of an
electronic notice was received:
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
20. Amend section 52.214-3 by revising the date of the provision and
paragraph (b) to read as follows:
52.214-3 Amendments to Invitations for Bids.
* * * * *
Amendments to Invitations for Bids DEC 2016
* * * * *
(b)(1) Bidders shall acknowledge receipt of any amendment to
this solicitation--
(i) By signing and returning the amendment;
(ii) By identifying the amendment number and date in space
provided for this purpose on the form for submitting a bid;
(iii) By letter;
(iv) By facsimile, if facsimile bids are authorized in the
solicitation; or
(v) By email, if email bids are authorized in the solicitation.
(2) The Government must receive the acknowledgement by the time
and at the place specified for receipt of bids.
0
21. Amend section 52.214-5 by--
0
a. Revising the date of the provision;
0
b. Removing paragraph (c); and
[[Page 83100]]
0
c. Redesignating paragraphs (d) and (e), as paragraphs (c) and (d),
respectively.
The revision reads as follows:
52.214-5 Submission of Bids.
* * * * *
Submission of Bids Dec 2016
* * * * *
52.214-13 [Removed and Reserved]
0
22. Remove and reserve section 52.214-13.
PART 53--FORMS
53.213 [Amended]
0
23. Amend section 53.213 by removing from paragraph (b) ``(10/83)'' and
adding ``(11/2016)'' in its place.
53.215-1 [Amended]
0
24. Amend section 53.215-1 by removing from paragraph (b) ``(10/83)''
and adding ``(11/2016)'' in its place.
53.243 [Amended]
0
25. Amend section 53.243, introductory text, by removing ``(10/83)''
and adding ``(11/2016)'' in its place.
0
26. Revise 53.301-30 to read as follows:
53.301-30 SF 30, Amendment of Solicitation/Modification of Contract.
BILLING CODE 6820-EP-P
[[Page 83101]]
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[[Page 83102]]
[GRAPHIC] [TIFF OMITTED] TR18NO16.401
[[Page 83103]]
[FR Doc. 2016-27684 Filed 11-17-16; 8:45 am]
BILLING CODE 6820-EP-C
