Federal Acquisition Regulation: Removal of Regulations Relating to Telegraphic Communication, 83097-83103 [2016-27684]

Download as PDF 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) * * * * * * * * * 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: * ■ ■ ■ (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.) * * * * * 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). ■ * * * * * mstockstill on DSK3G9T082PROD with RULES6 * * * * * * * [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. ■ * 52.223–20 Jkt 241001 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 ■ * 00:00 Nov 18, 2016 * ■ (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) * * Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items). (Dec 2016) 52.212–3 Offeror Representations and Certifications—Commercial Items. * * 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 [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: E:\FR\FM\18NOR9.SGM 18NOR9 83098 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. mstockstill on DSK3G9T082PROD with RULES6 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: VerDate Sep<11>2014 00:00 Nov 18, 2016 Jkt 241001 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. PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 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. * * * * * (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] 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. E:\FR\FM\18NOR9.SGM 18NOR9 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations (2) No information contained in the envelope shall be disclosed before the time set for bid opening. * * * * * ■ 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 * * * * * (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 [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. mstockstill on DSK3G9T082PROD with RULES6 * * * * * (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. VerDate Sep<11>2014 00:00 Nov 18, 2016 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— * * * * * ■ 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 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 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. * * * * * ■ 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. * * * * * 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 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 E:\FR\FM\18NOR9.SGM 18NOR9 83100 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 * * Submission of Bids. * * * 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. mstockstill on DSK3G9T082PROD with RULES6 ■ VerDate Sep<11>2014 00:00 Nov 18, 2016 Jkt 241001 [Amended] 24. Amend section 53.215–1 by removing from paragraph (b) ‘‘(10/83)’’ and adding ‘‘(11/2016)’’ in its place. PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 [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 E:\FR\FM\18NOR9.SGM 18NOR9 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations AMENDMENT OF SOUCITATIONIMODIFICAllON OF CONTRACT CODE 4. I ~ D PAGE OF PACES I 15. PROJECT NUMBER jff opfl/cllblf<J 7. AOMINISTEREO BY /lf_#Mn_$ REOOrsiT!Of>W!l"""""' REOOrsiTKlN NUM""" 8. NAME AND ADORESSOFCONlRN::TOI! ~.tiNt .....ty, st.~oo•ndZJPCode) I CONTRACTlOCOCE 13. EFFECTIVE DATE 2. AMENDMENTMOOFICATION NUMBER It ISSUED BY r· 83101 I CODE 9A. AMiNDMENT OF SOI.ICITATION NUMBER 8B. DATED (BEE /lEN 11) lOA. MODIFICATION OF CONTRACTIOROER NUMBER D CODE 101. DATED (BEEITEII1~ !FACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOUCITATIONS 0 Thoo-IWmboradd-1111 Is amondodaaool-ln llom14. Tho ID!r!IJiddaloopooillodfarrecolpl ofOIIoro 0 Is-dod. 0 lsnoi- OIItrlmullu!l-flllll!trecolpl oflllllll!llldmontprlgf ll>llle hourond- apoolfitdklllloftllc-"' u 1111111dod. lly011t Clfllle lbllciwlnllllllllloda: (a)B)lcornpllltlglloms8ond16,and-ng oopiuoflho.-..nl;(b)B)lodlfiiiWitdljlngrnolplolthlo..,...mantonoadl""f''Oflho- ..- . ! ; or{o) 11)1--1- or oloctronlcoOimll>llloation whlcll kldudota...r.r.n.atollleaololllllon and..,...mant n - . FAIWRE OF YOUR Ac:ICNO'M.EDOMENTTO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AN11 DATEllPECIFIEO MAY RESULT IN REJECTION OFYOUR OFFER. If bjlwtuo oflhl• . .andmontyou douo to <l>onp a n - a!Nodj>SIIbnlllecl, such dlonplllljlamodo bjlloltorar elodronlo oommun-, pr<Mdod oadllollorqcommun- - - t o lllotd- ondlhlo omon~ondll.-odprlorlolllooponlnahour onddollopodhd. 12. ACCOUNTING AND APPROPRIATION DATA (If~ 18. THIS ITEM APPUES ONLY TO MODIFICATIONS OF CONTRACTSJORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER: AS DESCRIBED IN ITEM 14. D D e. THIS SIJPPLEM ENTAL AGREEMENT IS ENTERED INTO I'URSIJANT TO AUTHORITY OF: E. IMPORTANT: Conlrador 0 Is 1101 0 14. CESCIIIPTICIN OFAMENCMENTJMODifiCATIC\N 1SA N.AMEANOTITLEOFSIGNER(l)'l»ot,..,) 168. CONTRACTOR/OFFEROR copies to the issuing office. Is required to sign this document and return (~byi/OF- ~ lnciJdOrf """I li'<o-IKf""'''<t _ _ _J 1V.. NAMEANOTITLEOFCONTRAOTINGOFFICER ~«pr/nlj 1&0. DATESIGNEO 188. UNITEDSTATESOFAMERICA 1&0. DATE SIGNED STANDARD FORM 30 (REV. 1112018) VerDate Sep<11>2014 00:00 Nov 18, 2016 Jkt 241001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4725 E:\FR\FM\18NOR9.SGM 18NOR9 ER18NO16.400</GPH> mstockstill on DSK3G9T082PROD with RULES6 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. VerDate Sep<11>2014 00:00 Nov 18, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4701 Sfmt 9990 E:\FR\FM\18NOR9.SGM 18NOR9 ER18NO16.401</GPH> mstockstill on DSK3G9T082PROD with RULES6 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. * * VerDate Sep<11>2014 * * 00:00 Nov 18, 2016 Jkt 241001 [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 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 [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. ■ ■ E:\FR\FM\18NOR9.SGM 18NOR9

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]]

[GRAPHIC] [TIFF OMITTED] TR18NO16.400


[[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