Federal Acquisition Regulation; Technical Amendments, 42571-42578 [2018-17836]
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Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations
gender pay gap. The respondents also
presented rationale as to why the
interim rule will benefit businesses,
individual workers, and the economy.
Response: Noted.
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, Improving
Regulation and Regulatory Review,
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. Executive Order 13771
This rule is not subject to E.O. 13771,
Reducing Regulation and Controlling
Regulatory Costs, because this rule is
not a significant regulatory action under
E.O. 12866.
V. Regulatory Flexibility Act
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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:
DoD, GSA, and NASA are converting to a
final rule, without change, an interim rule
that amended the Federal Acquisition
Regulation (FAR) to implement Executive
Order (E.O.) 13665, Non-Retaliation for
Disclosure of Compensation Information.
E.O. 13665 amended E.O. 11246, Equal
Opportunity in Federal Employment. The
interim rule also implemented a final rule
issued by the Department of Labor (DOL) at
41 CFR part 60–1, published in the Federal
Register at 80 FR 54934, on September 11,
2015.
The objective of this rule is to provide for
a uniform policy for the Federal Government
to prohibit Federal contractors from
discriminating against employees and job
applicants who inquire about, discuss, or
disclose their own compensation or the
compensation of other employees or
applicants.
No public comments were received in
response to the initial regulatory flexibility
analysis.
The rule will apply to all entities, both
small and other than small. Based on the
most current System for Award Management
data available, defining small as fewer than
500 employees, then there are 328,552 small
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contractor firms. Defining small as firms with
less than $35.5 million in revenue, then there
are 315,902 small contractor firms. Thus, the
total number of small contractor firms that
may be impacted by the rule range from
315,902 to 328,552.
Recordkeeping and reporting requirements
of the interim rule involved regulatory
familiarization and administrative costs
associated with incorporating revised
language into policies, instructions, notices
to employees, and subcontracts. In
implementing the additional prohibition, the
interim rule required that contractors and
subcontractors disseminate the
nondiscrimination provision, using language
prescribed by the Director of the Office of
Federal Contract Compliance Programs
(OFCCP), including incorporating the
nondiscrimination provision into existing
employee manuals and handbooks and
posting it electronically or in conspicuous
places available to employees and applicants.
An analysis of estimated costs of the
regulatory changes was performed in the
DOL final rule published in the Federal
Register at 80 FR 54934, on September 11,
2015. However, this final rule does not have
any impact on small entities, because the
interim rule has already been in effect since
September 30, 2016, and the final rule does
not make any changes to the interim rule.
DoD, GSA, and NASA are not aware of any
significant alternatives to the rule that would
accomplish the stated objectives of the E.O.
and the DOL implementing regulations.
It is necessary for the rule to apply to small
entities, because E.O. 11246, as amended,
applies to all contracts above $10,000 that are
not completely exempted. Every effort has
been made to minimize the burdens imposed.
Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat Division. The Regulatory
Secretariat Division has submitted a
copy of the FRFA to the Chief Counsel
for Advocacy of the Small Business
Administration.
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) does apply; however,
the information collection authorization
is under the DOL final rule issued by
the OFCCP of the DOL, which was
published in the Federal Register at 80
FR 54934, on September 11, 2015,
entitled ‘‘Government Contractors,
Prohibitions Against Pay Secrecy
Policies and Actions’’, and is assigned
Office of Management and Budget
(OMB) Control Number 1250–0008. This
information collection expires
December 31, 2018. The other
information collection requirements
cited at 1.106 that apply to FAR clause
52.222–26, assigned OMB control
numbers 1250–0001 and 1250–0003,
cover the general recordkeeping
provisions of the laws administered by
OFCCP.
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42571
List of Subjects in 48 CFR Parts 1, 22,
and 52
Government procurement.
Dated: July 31, 2018.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR parts 1, 22, and 52,
which was published in the Federal
Register at 81 FR 67732 on September
30, 2016, is adopted as a final rule
without change.
■
[FR Doc. 2018–17826 Filed 8–21–18; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 4, 5, 6, 7, 8, 9, 14, 16,
17, 18, 19, 22, 23, 25, 28, 31, 36, 41, 49,
52, and 53
[FAC 2005–100; Item III; Docket No. 2018–
0002; Sequence No. 1]
Federal Acquisition Regulation;
Technical Amendments
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 and to update web
links.
SUMMARY:
DATES:
Effective: August 22, 2018.
Ms.
Lois Mandell, Regulatory Secretariat
Division (MVCB), 1800 F Street NW,
2nd Floor, Washington, DC 20405, 202–
501–4755. Please cite FAC 2005–100,
Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to
update certain elements in 48 CFR parts
2, 4, 5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22,
23, 25, 28, 31, 36, 41, 49, 52, and 53 this
document makes editorial changes to
the FAR.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 48 CFR Parts 2, 4, 5,
6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23, 25,
28, 31, 36, 41, 49, 52, and 53
Government procurement.
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Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations
Dated: July 31, 2018.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
7.105
4.1702
■
[Amended]
4. Amend section 4.1702 by removing
from paragraph (b) ‘‘https://
www.whitehouse.gov/omb/procurementservice-contract-inventories’’ and
adding ‘‘https://www.whitehouse.gov/
sites/whitehouse.gov/files/omb/
procurement/memo/service-contractinventory-guidance.pdf’’ in its place.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 2, 4, 5, 6, 7, 8, 9,
14, 16, 17, 18, 19, 22, 23, 25, 28, 31, 36,
41, 49, 52, and 53 as set forth below:
■ 1. The authority citation for parts 2, 4,
5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23,
25, 28, 31, 36, 41, 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
PART 2—DEFINITIONS OF WORDS
AND TERMS
5.102
2. Amend section 2.101, in paragraph
(b)(2) by—
■ a. Removing from the definition
‘‘Disaster Response Registry’’ ‘‘https://
www.acquisition.gov and alternately
through the FEMA website at https://
www.fema.gov/business/index.shtm.
(See 26.205.)’’ and adding ‘‘the Internet
at https://www.sam.gov, Search Records,
Advanced Search, Disaster Response
Registry Search. (See 26.205.)’’ in its
place; and
■ b. Removing from the definition
‘‘Governmentwide point of entry (GPE)’’
‘‘https://www.fedbizopps.gov’’ and
adding ‘‘https://www.fbo.gov’’ in its
place.
PART 4—ADMINISTRATIVE MATTERS
3. Amend section 4.1603 by revising
paragraphs (b) introductory text, (b)(1),
and (b)(2) introductory text to read as
follows:
■
4.1603
Procedures.
*
*
*
*
*
(b) Elements of a supplementary PIID.
Use the supplementary PIID to identify
amendments to solicitations and
modifications to contracts, orders, and
agreements. The supplementary PIID is
reported as a separate data element used
in conjunction with, but not appended
to, the PIID.
(1) Amendments to solicitations.
Number amendments to solicitations
sequentially using a four position
numeric serial number in addition to
the 13–17 character PIID beginning with
0001.
(2) Modifications to contracts, orders,
and agreements. Number modifications
to contracts, orders, and agreements
using a six position alpha or numeric,
or a combination thereof, in addition to
the 13–17 character PIID. For example,
a modification could be numbered
P00001. This would be in addition to
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5. Amend section 5.102 by removing
from paragraph (a)(1) ‘‘https://
www.fedbizopps.gov’’ and adding
‘‘https://www.fbo.gov’’ in its place.
5.201
[Amended]
6. Amend section 5.201 by removing
from paragraph (d) ‘‘https://
www.fedbizopps.gov’’ and adding
‘‘https://www.fbo.gov’’ in its place.
■
5.207
[Amended]
7. Amend section 5.207 by removing
from paragraphs (b), (c)(19), and (e)
‘‘https://www.fedbizopps.gov’’ and
adding ‘‘https://www.fbo.gov’’ in their
places, respectively.
■
5.704
[Amended]
8. Amend section 5.704 by removing
from paragraph (b) introductory text
‘‘https://www.fedbizopps.gov’’ and
adding ‘‘https://www.fbo.gov’’ in its
place.
■
5.705
[Amended]
9. Amend section 5.705 by removing
from paragraphs (a)(2) introductory text
and (c) ‘‘https://www.fedbizopps.gov’’
and adding ‘‘https://www.fbo.gov’’ in
their places, respectively.
PART 6—COMPETITION
REQUIREMENTS
10. Amend section 6.305 by removing
from paragraph (d)(1)
‘‘www.fedbizopps.gov’’ and adding
‘‘https://www.fbo.gov’’ in its place.
PART 7—ACQUISITION PLANNING
[Amended]
13. Amend section 7.107–4(a)(1)
introductory text by removing ‘‘contract
task’’ and adding ‘‘contract or task’’ in
its place.
■
PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
8.405–6
[Amended]
14. Amend section 8.405–6 by
removing from paragraph (a)(2)(i)(B)(1)
‘‘https://www.fedbizopps.gov’’ and
adding ‘‘https://www.fbo.gov’’ in its
place.
■
8.501
[Amended]
15. Amend section 8.501 in the
definition ‘‘Federal helium supplier’’ by
removing ‘‘https://blm.gov/8pjd’’ and
adding ‘‘https://www.blm.gov/programs/
energy-and-minerals/helium/partners’’
in its place.
■
8.602
[Amended]
16. Amend section 8.602 by removing
from paragraphs (a)(4)(ii)(A) and (B)
‘‘FedBizOpps’’ and adding
‘‘FedBizOpps, also known as FBO’’ in
their places, respectively.
■
PART 9—CONTRACTOR
QUALIFICATIONS
9.406–3
[Amended]
17. Amend section 9.406–3 by
removing from paragraph (f)(1)
‘‘www.cpars.csd.disa.mil’’ and adding
‘‘https://www.cpars.gov’’ in its place.
9.407–3
[Amended]
18. Amend section 9.407–3 by
removing from paragraph (e)(1)
‘‘www.cpars.csd.disa.mil’’ and adding
‘‘https://www.cpars.gov’’ in its place.
■
11. Amend section 7.103 by removing
from paragraph (p)(3) ‘‘https://
www.wbdg.org/pdfs/hpsb_
guidance.pdf’’ and adding ‘‘https://
www.epa.gov/greeningepa/guidingprinciples-federal-leadership-high-
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PART 14—SEALED BIDDING
14.201–2
[Amended]
19. Amend section 14.201–2 by
removing from paragraph (b) ‘‘(53.302–
336)’’.
■
PART 16—TYPES OF CONTRACTS
[Amended]
■
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7.107–4
[Amended]
■
7.103
[Amended]
12. Amend section 7.105 by removing
from paragraph (b)(16) ‘‘https://
www.fedbizopps.gov’’ and adding
‘‘https://www.fbo.gov’’ in its place.
■
■
6.305
performance-and-sustainablebuildings’’ in its place.
[Amended]
■
■
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the 13–17 character PIID illustrated in
paragraph (a)(5) of this section.
*
*
*
*
*
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16.505
[Amended]
20. Amend section 16.505 by
removing from paragraph
(b)(2)(ii)(D)(2)(i) ‘‘https://
www.fedbizopps.gov’’ and adding
‘‘https://www.fbo.gov’’ in its place.
■
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Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations
17.502–1
[Amended]
21. Amend section 17.502–1 by
removing from paragraph (b)(1)(i)
‘‘https://www.whitehouse.gov/omb/
assets/procurement/iac_revised.pdf’’
and adding ‘‘https://
www.whitehouse.gov/sites/
whitehouse.gov/files/omb/assets/OMB/
procurement/interagency_acq/iac_
revised.pdf’’ in its place; and removing
from paragraph (c) introductory text
‘‘https://www.whitehouse.gov/sites/
default/files/omb/procurement/memo/
development-review-and-approval-ofbusiness-cases-for-certain-interagencyand-agency-specific-acquisitionsmemo.pdf’’ and adding ‘‘https://
www.whitehouse.gov/sites/
whitehouse.gov/files/omb/procurement/
memo/development-review-andapproval-of-business-cases-for-certaininteragency-and-agency-specificacquisitions-memo.pdf’’ in its place.
22.404–3
PART 18—EMERGENCY
ACQUISITIONS
■
■
18.205
[Amended]
22. Amend section 18.205 by
removing from paragraph (b) ‘‘https://
www.whitehouse.gov/sites/default/files/
omb/assets/procurement_guides/
emergency_acquisitions_guide.pdf’’ and
adding ‘‘https://www.whitehouse.gov/
sites/whitehouse.gov/files/omb/assets/
procurement_guides/emergency_
acquisitions_guide.pdf’’ in its place.
■
[Amended]
23. Amend section 19.704 by
removing from paragraph (a)(10)(iii)
‘‘contracts intended;’’ and adding
‘‘contracts with individual
subcontracting plans where the contract
is intended’’ in its place.
■
19.1503
[Amended]
24. Amend section 19.1503 by
removing from paragraph (c)(2)(viii)
‘‘https://www.sba.gov/tools/forms/
index.html’’ and adding ‘‘https://
www.sba.gov/managing-business/forms/
small-business-forms/financialassistance-forms/personal-financialstatement’’ in its place.
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■
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
22.001
[Amended]
17:01 Aug 21, 2018
[Amended]
27. Amend section 22.1001 by
removing from the definition ‘‘Wage
and Hour Division’’ ‘‘Employment
Standards Administration of the’’.
■
22.1021
[Amended]
28. Amend section 22.1021 by
removing from paragraph (a)
‘‘Employment Standards
Administration,’’.
■
22.1022
[Amended]
23.802
■
30. Amend section 22.1304 by
removing from paragraph (b) ‘‘VETS–
4212-customersupport@dol.gov’’ and
adding ‘‘VETS4212-customersupport@
dol.gov’’ in its place.
PART 23—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG–FREE
WORKPLACE
23.202
[Amended]
[Amended]
36. Amend section 23.802 by
removing from paragraph (c) ‘‘and the
President’s Climate Action Plan of June
2013’’.
■
25.003
[Amended]
[Amended]
35. Amend section 23.405 by
removing from paragraph (a)(1) ‘‘https://
www.epa.gov/cpg/products.htm’’ and
adding ‘‘https://www.epa.gov/smm/
comprehensive-procurement-guidelinecpg-program#products’’ in its place.
■
22.1304
PART 25—FOREIGN ACQUISITION
[Amended]
37. Amend section 25.003 in the
definition ‘‘Caribbean Basin country
end product’’ by removing from the
paragraph (1)(ii)(B) ‘‘https://
www.usitc.gov/tata.hts/’’ and adding
‘‘https://usitc.gov/tata/hts/index.htm’’
in its place.
25.703–2
28.106–1
23.203
28.106–3
[Amended]
32. Amend section 23.203 by
removing from paragraph (b)(2) ‘‘https://
www1.eere.energy.gov/femp/
procurement/eep_requirements.html’’
and adding ‘‘https://energy.gov/eere/
femp/energy-and-water-efficientproducts’’ in its place.
■ 33. Amend section 23.205 by
removing from paragraph (c)(1) ‘‘at
https://www1.eere.energy.gov/femp/
financing/espcs_regulations.html;’’ and
adding paragraph (d) to read as follows:
■
*
*
*
*
(d) For more information see https://
energy.gov/eere/femp/energy-savingsperformance-contracts-federal-agencies.
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[Amended]
38. Amend section 25.703–2 by
removing from paragraph (a)(2) ‘‘https://
www.treasury.gov/ofac/downloads/
t11sdn.pdf’’ and adding ‘‘https://
www.treasury.gov/resource-center/
sanctions/SDN-List/Pages/default.aspx’’
in its place.
■
31. Amend section 23.202 by
removing from paragraph (b)(3) ‘‘https://
www.epa.gov/nps/lid/section438’’ and
adding ‘‘https://www.epa.gov/nps/
stormwater-management-federalfacilities-under-section-438-energyindependence-and-security-act’’ in its
place.
*
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23.405
29. Amend section 22.1022 by
removing from the second sentence
‘‘Employment Standards
Administration,’’.
■
23.205 Energy-savings performance
contracts.
25. Amend section 22.001 by
removing from the definition
‘‘Administrator or Administrator, Wage
■
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[Amended]
26. Amend section 22.404–3 by
removing from paragraph (a) ‘‘(see
53.301–308)’’.
■
22.1001
[Amended]
34. Amend section 23.401 by
removing from paragraph (a)(2) ‘‘https://
www.epa.gov/epawaste/conserve/tools/
cpg/index.htm’’ and adding ‘‘https://
www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program’’ in
its place.
■
■
PART 19—SMALL BUSINESS
PROGRAMS
19.704
23.401
and Hour Division’’ the words
‘‘Employment Standards
Administration,’’.
PART 17—SPECIAL CONTRACTING
METHODS
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PART 28—BONDS AND INSURANCE
[Amended]
39. Amend section 28.106–1 by
removing from the introductory text,
‘‘shown in 53.301 and 53.302’’.
■
[Amended]
40. Amend section 28.106–3 by
removing from paragraph (a) ‘‘, and a
copy of the form is furnished for this
purpose in part 53 of the looseleaf
edition of the FAR’’.
■
28.203–3
[Amended]
41. Amend section 28.203–3 by
removing from paragraph (a)(1) ‘‘https://
www.justice.gov/enrd/ENRD_Assets/
Title_Standards_2001.pdf’’ and adding
‘‘https://www.justice.gov/enrd/page/file/
922431/download’’ in its place.
■ 42. Amend section 28.204–3 by
revising paragraph (h) to read as
follows:
■
28.204–3
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Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations
(h) A copy of the Uniform Customs
and Practice (UCP) for Documentary
Credits, 2007 Edition, International
Chamber of Commerce Publication No.
600, is available from: ICC Books USA,
1212 Avenue of the Americas, 21st
Floor, New York, NY 10036; Phone:
212–703–5078; Fax: 212–391–6568;
Email: iccbooks@uscib.org; Via the
internet at: https://www.uscib.org/ucp600-ud-4465/.
PART 31—CONTRACT COST
PRINCIPLES AND PROCEDURES
31.205–6
43. Amend section 31.205–6 by
removing from paragraphs (p)(2)(ii) and
(p)(3)(ii) ‘‘https://www.whitehouse.gov/
omb/procurement_index_exec_comp/’’
and adding ‘‘https://
www.whitehouse.gov/wp-content/
uploads/2017/11/Contractor
CompensationCapContractsAwarded
BeforeJune24.pdf’’ in their places,
respectively; and removing from
paragraph (p)(4)(ii) ‘‘https://
www.whitehouse.gov/omb/
procurement/cecp’’ and adding ‘‘https://
www.whitehouse.gov/wp-content/
uploads/2017/11/Contractor
CompensationCapContracts
AwardedafterJune24.pdf’’ in its place.
■
PART 36—CONSTRUCTION AND
ARCHITECT–ENGINEER CONTRACTS
36.104
[Amended]
44. Amend section 36.104 by
removing from paragraph (b)(1) ‘‘https://
www.wbdg.org/pdfs/hpsb_
guidance.pdf’’ and adding ‘‘https://
www.epa.gov/greeningepa/guidingprinciples-federal-leadership-highperformance-and-sustainablebuildings’’ in its place.
■ 45. Revise the last sentence of section
36.700 to read as follows:
■
36.700
Scope of subpart.
* * * A listing of the Standard forms
is located in subpart 53.3.
PART 41—ACQUISITION OF UTILITY
SERVICES
41.301
[Amended]
46. Amend section 41.301 by
removing from paragraph (a) ‘‘General
Services Administration, Energy Center
of Expertise, 301 7th Street SW, Room
4004, Washington, DC 20407’’ and
adding ‘‘General Services
Administration, Energy Division—PMA,
1800 F St NW, Washington, DC 20405;
website: www.gsa.gov/energy; Email:
energy@gsa.gov’’ in its place.
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47. Revise the last sentence of section
49.602 to read as follows:
■
49.602 Forms for settlement of terminated
contracts.
* * * A listing of the Standard forms
is located in subpart 53.3.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
48. Amend section 52.208–8 by
revising the date of the clause and
removing from paragraph (a), in the
definition ‘‘Federal helium supplier’’
‘‘https://www.blm.gov/nm/st/en/fo/
Amarillo_Field_Office.html’’ and adding
‘‘https://www.blm.gov/programs/energyand-minerals/helium/partners’’ in its
place.
The revision reads as follows:
■
[Amended]
52.208–8 Required Sources for Helium and
Helium Usage Data.
*
*
*
*
*
Required Sources for Helium and
Helium Usage Data (AUG 2018)
*
*
*
*
*
49. Amend section 52.212–1 by
revising the date of the provision and
paragraph (b)(4) to read as follows:
■
52.212–1 Instructions to Offerors—
Commercial Items.
*
*
*
*
*
Instructions to Offerors—Commercial
Items (AUG 2018)
*
*
*
*
*
(b) * * *
(4) A technical description of the items
being offered in sufficient detail to evaluate
compliance with the requirements in the
solicitation. This may include product
literature, or other documents, if necessary;
*
*
*
*
*
50. Amend section 52.212–3 by
revising the date of the provision and
removing from paragraph (o)(2)(iii)
‘‘https://www.treasury.gov/ofac/
downloads/t11sdn.pdf ’’ and adding
‘‘https://www.treasury.gov/resourcecenter/sanctions/SDN-List/Pages/
default.aspx’’ in its place.
The revision reads as follows:
■
52.212–3 Offeror Representations and
Certifications—Commercial Items.
*
*
*
*
*
Offeror Representations and
Certifications—Commercial Items
(AUG 2018)
*
*
*
*
*
51. Amend section 52.212–5 by—
a. Revising the date of the clause;
b. Revising paragraphs (b)(17)(i) and
(b)(17)(v);
■
■
■
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c. Revising paragraphs (b)(28) through
(30);
■ d. Revising paragraphs (b)(48) and
(49);
■ e. Redesignating paragraphs (b)(58)
and (59) as paragraphs (b)(59) and (60),
and adding a new paragraph (b)(58);
■ f. Revising the newly designated
paragraph (b)(60);
■ g. Revising paragraphs (c)(2), (c)(4),
and (e)(1)(xii); and
■ h. In Alternate II–
■ i. Revising the date of Alternate II;
■ ii. Revising paragraph (e)(1)(ii)(J); and
■ iii. Revising paragraphs (e)(1)(ii)(P)
thru (e)(1)(ii)(R).
The revisions and addition read as
follows:
■
PART 49—TERMINATION OF
CONTRACTS
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders-Commercial Items
(AUG 2018)
*
*
*
*
*
(b) * * *
___(17)(i) 52.219–9, Small Business
Subcontracting Plan (AUG 2018) (15 U.S.C.
637(d)(4)).
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
__(v) Alternate IV ([AUG 2018]) of 52.219–
9.
___(28)(i) 52.222–26, Equal Opportunity
(SEPT 2016) (E.O. 11246).
___(ii) Alternate I (Feb 1999) of 52.222–26.
___(29)(i) 52.222–35, Equal Opportunity for
Veterans (OCT 2015)(38 U.S.C. 4212).
___(ii) Alternate I (July 2014) of 52.222–35.
___(30)(i) 52.222–36, Equal Opportunity for
Workers with Disabilities (JUL 2014) (29
U.S.C. 793).
___(ii) Alternate I (July 2014) of 52.222–36.
___(48) 52.225–5, Trade Agreements (AUG
2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301
note).
___(49) 52.225–13, Restrictions on Certain
Foreign Purchases (JUNE 2008) (E.O.’s,
proclamations, and statutes administered by
the Office of Foreign Assets Control of the
Department of the Treasury).
___(58) 52.239–1, Privacy or Security
Safeguards (AUG 1996) (5 U.S.C. 552a).
___(60)(i) 52.247–64, Preference for
Privately Owned U.S.-Flag Commercial
Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b)
and 10 U.S.C. 2631).
___(ii) Alternate I (Apr 2003) of 52.247–64.
___(iii) Alternate II (Feb 2006) of 52.247–
64.
(c) * * *
___(2) 52.222–41, Service Contract Labor
Standards (AUG 2018)(41 U.S.C. chapter 67).
___(4) 52.222–43, Fair Labor Standards Act
and Service Contract Labor Standards-Price
E:\FR\FM\22AUR2.SGM
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Adjustment (Multiple Year and Option
Contracts) (AUG 2018)(29 U.S.C. 206 and 41
U.S.C. chapter 67).
52.216–7
*
Allowable Cost and Payment (AUG
2018)
*
*
*
*
(e)(1) * * *
(xii) 52.222–41, Service Contract Labor
Standards (AUG 2018)(41 U.S.C. chapter 67).
*
*
*
*
*
Alternate II (AUG 2018). * * *
*
*
*
*
*
(e)(1) * * *
(ii) * * *
(J) 52.222–41, Service Contract Labor
Standards (AUG 2018)(41 U.S.C. chapter 67).
*
*
*
*
*
(P) 52.222–62, Paid Sick Leave Under
Executive Order 13706 (JAN 2017)(E.O.
13706).
(Q)(1) 52.224–3, Privacy Training (JAN
2017) (5 U.S.C. 552a).
(2) Alternate I (JAN 2017) of 52.224–3.
(R) 52.225–26, Contractors Performing
Private Security Functions Outside the
United States (OCT 2016) (Section 862, as
amended, of the National Defense
Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
*
*
*
*
*
■ 52. Amend section 52.213–4 by
revising the date of the clause and
paragraphs (a)(2)(viii) and (b)(1)(vii) to
read as follows:
*
*
*
amozie on DSK3GDR082PROD with RULES2
Jkt 244001
*
*
Small Business Subcontracting
*
*
*
*
*
*
*
*
*
*
*
55. Amend section 52.222–6 by
revising the date of the clause and
removing from paragraph (c)(2)
‘‘Employment Standards
Administration,’’.
The revision reads as follows:
■
52.222–6 Construction Wage Rate
Requirements.
*
*
*
*
*
Construction Wage Rate Requirements
(AUG 2018)
*
*
*
*
*
■ 56. Amend section 52.222–8 by
revising the clause heading and date to
read as follows:
52.222–8
*
*
Payrolls and Basic Records.
*
*
*
Payrolls and Basic Records (AUG 2018)
*
*
*
*
*
57. Amend section 52.222–30 by
revising the date of the clause and
removing from paragraph (a)
‘‘Employment Standards
Administration,’’.
The revision reads as follows:
■
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52.222–30 Construction Wage Rate
Requirements—Price Adjustment (None or
Separately Specified Method).
*
*
*
*
*
Construction Wage Rate
Requirements—Price Adjustment (None
or Separately Specified Method) (AUG
2018)
*
*
*
*
*
58. Amend section 52.222–31 by
revising the date of the clause and
removing from paragraph (a)
‘‘Employment Standards
Administration,’’.
The revision reads as follows:
■
52.222–31 Construction Wage Rate
Requirements—Price Adjustment
(Percentage Method).
*
*
*
*
*
Construction Wage Rate
Requirements—Price Adjustment
(Percentage Method) (AUG 2018)
*
*
*
*
*
59. Amend section 52.222–32 by
revising the date of the clause and
removing from paragraph (a)
‘‘Employment Standards
Administration,’’.
The revision reads as follows:
■
52.222–32 Construction Wage Rate
Requirements—Price Adjustment (Actual
Method).
*
Alternate IV (AUG 2018) * * *.
*
*
*
*
53. Amend section 52.216–7 by
revising the date of the clause and
removing from paragraph (d)(2)(iv)(B)
‘‘https://www.whitehouse.gov/omb/
procurement_index_exec_comp/’’ and
adding ‘‘https://www.whitehouse.gov/
wp-content/uploads/2017/11/Contractor
CompensationCapContractsAwarded
BeforeJune24.pdf and https://
www.whitehouse.gov/wp-content/
uploads/2017/11/Contractor
CompensationCapContractsAwarded
afterJune24.pdf ’’ in its place.
The revision reads as follows:
17:01 Aug 21, 2018
*
54. Amend section 52.219–9 by—
a. Revising the date of the clause;
b. Removing the erroneous paragraph
(d), prior to paragraph (c)(1);
■ c. Removing from paragraph
(d)(10)(iii) ‘‘contracts intended’’ and
adding ‘‘contracts with individual
subcontracting plans where the contract
is intended’’ in its place;
■ d. Removing from paragraphs
(d)(10)(vi) and (d)(10)(vii) ‘‘DUNS
number’’ and adding ‘‘unique entity
identifier’’ in its place;
■ e. In Alternate IV—
■ i. Revising the date of Alternate IV;
■ ii. Removing from paragraph
(d)(10)(iii) ‘‘contract intended’’ and
adding ‘‘contract with an individual
subcontracting plan where the contract
is intended’’ in its place; and
■ iii. Removing from paragraphs
(d)(10)(vi) and (d)(10)(vii) ‘‘DUNS
number’’ and adding ‘‘unique entity
identifier’’ in its place.
The revisions read as follows:
*
(a) * * *
(2) * * *
(viii) 52.244–6, Subcontracts for
Commercial Items (AUG 2018).
(b) * * *
(1) * * *
(vii) 52.222–41, Service Contract Labor
Standards (AUG 2018) (41 U.S.C. chapter 67)
(Applies to service contracts over $2,500 that
are subject to the Service Contract Labor
Standards statute and will be performed in
the United States, District of Columbia,
Puerto Rico, the Northern Mariana Islands,
American Samoa, Guam, the U.S. Virgin
Islands, Johnston Island, Wake Island, or the
outer Continental Shelf).
VerDate Sep<11>2014
*
Small Business Subcontracting Plan
(AUG 2018)
Terms and Conditions—Simplified
Acquisitions (Other than Commercial
Items) (AUG 2018)
■
Allowable Cost and Payment.
■
■
■
*
*
*
*
52.219–9
Plan.
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
*
42575
*
*
*
*
*
Construction Wage Rate
Requirements—Price Adjustment
(Actual Method) (AUG 2018)
*
*
*
*
*
60. Amend section 52.222–41 by—
a. Revising the date of the clause;
b. Removing from paragraph (c)(2)(ii)
‘‘Employment Standards
Administration’’; and
■ c. Removing from paragraph (i)(1)
‘‘Employment Standards
Administration,’’.
The revision reads as follows:
■
■
■
52.222–41 Service Contract Labor
Standards.
*
*
*
*
*
Service Contract Labor Standards
(AUG 2018)
*
*
*
*
*
61. Amend section 52.222–43 by
revising the date of the clause and
removing from paragraph (c)
‘‘Employment Standards
Administration,’’.
The revision reads as follows:
■
52.222–43 Fair Labor Standards Act and
Service Contract Labor Standards—Price
Adjustment (Multiple Year and Option
Contracts).
*
E:\FR\FM\22AUR2.SGM
*
*
22AUR2
*
*
42576
Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations
Fair Labor Standards Act and Service
Contract Labor Standards—Price
Adjustment (Multiple Year and Option
Contracts) (AUG 2018)
*
*
*
*
*
■ 62. Amend section 52.223–17 by
revising the date of the clause and
removing from paragraph (b) ‘‘https://
www.epa.gov/cpg/’’ and ‘‘https://
www.epa.gov/cpg/products.htm’’ and
adding ‘‘https://www.epa.gov/smm/
comprehensive-procurement-guidelinecpg-program’’ in their places.
The revision reads as follows:
*
*
*
*
*
66. Amend section 52.228–11 by
revising the date of the clause and
removing from paragraph (b)(2)(i)
‘‘https://www.justice.gov/enrd/ENRD_
Assets/Title_Standards_2001.pdf’’ and
adding ‘‘https://www.justice.gov/enrd/
page/file/922431/download’’ in its
place.
The revision reads as follows:
■
52.223–17 Affirmative Procurement of
EPA-designated Items in Service and
Construction Contracts.
52.228–11
Pledges of Assets.
*
*
*
Pledges of Assets (AUG 2018)
*
*
*
*
*
Trade Agreements.
*
*
*
*
*
*
*
*
■ 64. Amend section 52.225–18 by
revising the date of the provision and
removing from the introductory text of
paragraph (a) ‘‘clause’’ and adding
‘‘provision’’ in its place.
The revision reads as follows:
Place of Manufacture.
*
*
*
*
*
Place of Manufacture (AUG 2018)
*
*
*
*
*
65. Amend section 52.225–25 by
revising the date of the provision and
removing from paragraph (c)(3) ‘‘https://
www.treasury.gov/ofac/downloads/
t11sdn.pdf’’ and adding ‘‘https://
www.treasury.gov/resource-center/
sanctions/SDN-List/Pages/default.aspx’’
in its place.
The revision reads as follows:
■
52.225–25 Prohibition on Contracting with
Entities Engaging in Certain Activities or
Transactions Relating to Iran—
Representation and Certifications.
*
*
*
VerDate Sep<11>2014
*
*
17:01 Aug 21, 2018
Jkt 244001
52.243–1
Changes—Fixed-Price.
As prescribed in 43.205(a)(1), insert
the following clause. The 30-day period
may be varied according to agency
procedures.
Changes—Fixed-Price (AUG 1987)
*
*
*
*
*
68. Amend section 52.244–6 by
revising the date of the clause and
paragraphs (c)(1)(iv), (v), (vi), (xv), and
(xvi) to read as follows:
■
52.244–6
Items.
Trade Agreements (AUG 2018)
52.225–18
*
*
*
*
*
67. Amend section 52.243–1 by
revising the introductory text and the
date of the clause to read as follows:
*
*
*
*
■ 63. Amend section 52.225–5 by
revising the date of the clause and
removing from paragraph (a), in the
definition of ‘‘Caribbean Basin country
end product’’ paragraph (1)(ii)(B)
introductory text ‘‘https://www.usitc.gov/
tata/hts/’’ and adding ‘‘https://usitc.gov/
tata/hts/index.htm’’ in its place.
The revision reads as follows:
*
*
■
*
52.225–5
*
*
Affirmative Procurement of EPAdesignated Items in Service and
Construction Contracts (AUG 2018)
amozie on DSK3GDR082PROD with RULES2
Prohibition on Contracting with Entities
Engaging in Certain Activities or
Transactions Relating to Iran—
Representation and Certifications (AUG
2018)
*
*
Subcontracts for Commercial
*
*
*
Subcontracts for Commercial Items
(AUG 2018)
*
*
*
*
*
(c) * * *
(1) * * *
(iv) 52.204–21, Basic Safeguarding of
Covered Contractor Information Systems
(JUN 2016), other than subcontracts for
commercially available off-the-shelf items, if
flow down is required in accordance with
paragraph (c) of FAR clause 52.204–21.
(v) 52.204–23, Prohibition on Contracting
for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and
Other Covered Entities (JUL 2018) (Section
1634 of Pub. L. 115–91).
(vi) 52.219–8, Utilization of Small Business
Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and
(3)), if the subcontract offers further
subcontracting opportunities. If the
subcontract (except subcontracts to small
business concerns) exceeds $700,000 ($1.5
million for construction of any public
facility), the subcontractor must include
52.219–8 in lower tier subcontracts that offer
subcontracting opportunities.
*
*
*
*
*
(xv) 52.222–62, Paid Sick Leave Under
Executive Order 13706 (JAN 2017) (E.O.
13706), if flow down is required in
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accordance with paragraph (m) of FAR clause
52.222–62.
(xvi)(A) 52.224–3, Privacy Training (JAN
2017) (5 U.S.C. 552a) if flow down is
required in accordance with 52.224–3(f).
(B) Alternate I (JAN 2017) of 52.224–3, if
flow down is required in accordance with
52.224–3(f) and the agency specifies that only
its agency-provided training is acceptable).
*
*
*
*
*
PART 53—FORMS
53.000
[Amended]
69. Amend section 53.000 by—
a. Removing ‘‘in acquisition,’’ and
adding ‘‘in acquisition; and’’ in its
place;
■ b. Removing ‘‘the forms, and’’ and
adding ‘‘the forms.’’ in its place; and
■ c. Removing ‘‘(c) illustrates the
forms.’’.
■ 70. Revise section 53.102 to read as
follows:
■
■
53.102
Current editions.
The form prescriptions in subpart
53.2 and the FAR forms located at
https://www.gsa.gov/forms contain
current edition dates. Contracting
officers shall use the current editions
unless otherwise authorized under this
regulation.
■ 71. Revise section 53.209–1 to read as
follows:
53.209–1 Responsible prospective
contractors.
The following forms are prescribed for
use in conducting preaward surveys of
prospective contractors, as specified in
9.106–1, 9.106–2, and 9.106–4. These
forms are authorized for local
reproduction and can be found at the
GSA Forms Library at https://
www.gsa.gov/forms.
(a) SF 1403 (Rev. 01/2014), Preaward
Survey of Prospective Contractor
(General).
(b) SF 1404 (Rev. 01/2014), Preaward
Survey of Prospective Contractor—
Technical.
(c) SF 1405 (Rev. 01/2014), Preaward
Survey of Prospective Contractor—
Production.
(d) SF 1406 (Rev. 01/2014), Preaward
Survey of Prospective Contractor—
Quality Assurance.
(e) SF 1407 (Rev. 01/2014), Preaward
Survey of Prospective Contractor—
Financial Capability.
(f) SF 1408 (Rev. 01/2014), Preaward
Survey of Prospective Contractor—
Accounting System.
■ 72. Revise section 53.228 to read as
follows:
53.228
Bonds and insurance.
The following standard forms are
prescribed for use for bond and
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insurance requirements, as specified in
part 28. These forms can be found at the
GSA Forms Library at https://
www.gsa.gov/forms. All the following
forms are authorized for local
reproduction, except for SF 25B.
(a) SF 24 (Rev. 8/2016) Bid Bond. (See
28.106–1.)
(b) SF 25 (Rev. 8/2016) Performance
Bond. (See 28.106–1(b).)
(c) SF 25A (Rev. 8/2016) Payment
Bond. (See 28.106–1(c).)
(d) SF 25B (For Standard Forms 24,
25, and 25A) (Rev. 10/1983)
Continuation Sheet for Standard Forms
24, 25 and 25A. (See 28.106–1(c).)
(e) SF 28 (Rev. 6/2003) Affidavit of
Individual Surety. (See 28.106–1(e) and
28.203(b).)
(f) SF 34 (Rev 8/2016) Annual Bid
Bond. (See 28.106–1(f).)
(g) SF 35 (Rev. 8/2016) Annual
Performance Bond. (See 28.106–1.)
(h) SF 273 (Rev. 4/2013) Reinsurance
Agreement for a Bonds statute
Performance Bond. (See 28.106–1(h)
and 28.202–1(a)(4).)
(i) SF 274 (Rev. 4/2013) Reinsurance
Agreement for a Bonds statute Payment
Bond. (See 28.106–1(i) and 28.202–
1(a)(4).)
(j) SF 275 (Rev. 10/1998) Reinsurance
Agreement in Favor of the United
States. (See 28.106–1(j) and 28.202–
1(a)(4).)
(k) SF 1414 (Rev. 05/1997), Consent of
Surety.
(l) SF 1415 (Rev. 7/1993), Consent of
Surety and Increase of Penalty. (See
28.108–1(l).)
(m) SF 1416 (Rev. 10/1998) Payment
Bond for Other than Construction
Contracts. (See 28.106–1(m).)
(n) SF 1418 (Rev. 2/1999)
Performance Bond For Other Than
Construction Contracts. (See 28.106–
1(n).)
(o) OF 90 (Rev. 1/1990), Release of
Lien on Real Property. (See 28.106–1(o)
and 28.203–5(a).)
(p) OF 91 (Rev. 1/1990), Release of
Personal Property from Escrow. (See
28.106–1(p) and 28.203–5(a).)
■ 73. Revise section 53.249 to read as
follows:
53.249
Termination of contracts.
(a) The following forms are prescribed
for use in connection with the
termination of contracts, as specified in
subpart 49.6. These forms are available
at the GSA Forms Library at https://
www.gsa.gov/forms. These forms are
authorized for local reproduction except
for SF 1034.
(1) SF 1034 (GAO), Public Voucher for
Purchases and Services Other Than
Personal. (See 49.302(a).)
(2) SF 1435 (Rev. 03/2016), Settlement
Proposal (Inventory Basis). (See 49.602–
1(a).)
(3) SF 1436 (Rev. 5/2004), Settlement
Proposal (Total Cost Basis). (See 49.602–
1(b).)
(4) SF 1437 (Rev. 9/1997), Settlement
Proposal for Cost-Reimbursement Type
Contracts. (See 49.602–1(c) and 49.302.)
(5) SF 1438 (Rev. 5/2004), Settlement
Proposal (Short Form). (See 49.602–
1(d).)
(6) SF 1439 (Rev. 7/1989), Schedule of
Accounting Information. (See 49.602–3.)
(7) SF 1440 (Rev. 01/1995),
Application for Partial Payment. (See
49.602–4.)
(b) SF 1428 (Rev. 6/2007), Inventory
Disposal Schedule, and Standard Form
1429 (Rev. 1/2016), Inventory Disposal
Schedule—Continuation Sheet, shall be
used to support termination settlement
proposals listed in paragraph (a) of this
section, as specified in 49.602–2. These
forms are available at the GSA Forms
Library at https://www.gsa.gov/forms.
■ 74. Revise subpart 53.3 to read as
follows:
Subpart 53.3—Forms Used in
Acquisitions
53.300 Listing of Standard, Optional, and
Agency forms.
This subpart identifies, in numerical
sequence, Standard Forms (SF),
Optional Forms (OF) and agency forms
that are specified by the FAR for use in
acquisitions.
(a) You can access the forms in Table
53–1 at the GSA Forms Library at
https://www.gsa.gov/forms.
TABLE 53–1—FORMS IN THE GSA FORMS LIBRARY
amozie on DSK3GDR082PROD with RULES2
Form No.
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
Form title
18 ..............................................
24 ..............................................
25 ..............................................
25A ............................................
25B ............................................
26 ..............................................
28 ..............................................
30 ..............................................
33 ..............................................
34 ..............................................
35 ..............................................
44 ..............................................
120 ............................................
120A ..........................................
126 ............................................
126A ..........................................
252 ............................................
273 ............................................
274 ............................................
275 ............................................
294 ............................................
298 ............................................
308 ............................................
330 ............................................
1034 ..........................................
1035 ..........................................
1094 ..........................................
1094A ........................................
1165 ..........................................
1402 ..........................................
VerDate Sep<11>2014
17:01 Aug 21, 2018
Request for Quotation.
Bid Bond.
Performance Bond.
Payment Bond.
Continuation Sheet for 24, 25, and 25A.
Award/Contract.
Affidavit of Individual Surety.
Amendment of Solicitation/Modification of Contract.
Solicitation, Offer and Award.
Annual Bid Bond.
Annual Performance Bond.
U.S. Government Purchase Order—Invoice—Voucher.
Report of Excess Personal Property.
Continuation Sheet (Report of Excess Personal Property).
Report of Personal Property for Sale.
Report of Personal Property for Sale (Continuation Sheet).
Architect-Engineer Contract.
Reinsurance Agreement for a Bonds Statute Performance Bid.
Reinsurance Agreement for a Bonds Statute Payment Bond.
Reinsurance Agreement in Favor of the United States.
Subcontracting Report for Individual Contracts.
Report Documentation Page.
Request For Wage Determination and Response to Request.
Architect-Engineer Qualifications.
Public Voucher for Purchases and Services Other Than Personal.
Public Voucher for Purchases and Services Other Than Personal (Continuation Sheet).
United States Tax Exemption Form.
Tax Exemption Accountability Record.
Receipt for Cash-Subvoucher.
Certificate of Appointment.
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TABLE 53–1—FORMS IN THE GSA FORMS LIBRARY—Continued
Form No.
Form title
SF 1403 ..........................................
SF 1404 ..........................................
SF 1405 ..........................................
SF 1406 ..........................................
SF 1407 ..........................................
SF 1408 ..........................................
SF 1409 ..........................................
SF 1410 ..........................................
SF 1413 ..........................................
SF 1414 ..........................................
SF 1415 ..........................................
SF 1416 ..........................................
SF 1418 ..........................................
SF 1423 ..........................................
SF 1424 ..........................................
SF 1428 ..........................................
SF 1429 ..........................................
SF 1435 ..........................................
SF 1436 ..........................................
SF 1437 ..........................................
SF 1438 ..........................................
SF 1439 ..........................................
SF 1440 ..........................................
SF 1442 ..........................................
SF 1443 ..........................................
SF 1444 ..........................................
SF 1445 ..........................................
SF 1446 ..........................................
SF 1447 ..........................................
SF 1449 ..........................................
OF 17 ..............................................
OF 90 ..............................................
OF 91 ..............................................
OF 307 ............................................
OF 308 ............................................
OF 309 ............................................
OF 336 ............................................
OF 347 ............................................
OF 348 ............................................
OF 1419 ..........................................
OF 1419A ........................................
Preaward Survey of Prospective Contractor (General).
Preaward Survey of Prospective Contractor (Technical).
Preaward Survey of Prospective Contractor (Production).
Preaward Survey of Prospective Contractor (Quality Assurance).
Preaward Survey of Prospective Contractor Financial Capability.
Preaward Survey of Prospective Contractor Accounting System.
Abstract of Offers.
Abstract of Offers -Continuation.
Statement and Acknowledgment.
Consent of Surety.
Consent of Surety and Increase of Penalty.
Payment Bond For Other Than Construction Contracts.
Performance Bond for Other Than Construction Contracts.
Inventory Verification Survey.
Inventory Disposal Report.
Inventory Disposal Schedule.
Inventory Disposal Schedule–Continuation Sheet.
Settlement Proposal (Inventory Basis).
Settlement Proposal (Total Cost Basis).
Settlement Proposal for Cost-Reimbursement Type Contracts.
Settlement Proposal (Short Form).
Schedule of Accounting Information.
Application For Partial Payment.
Solicitation, Offer, and Award (Construction, Alteration, or Repair).
Contractor’s Request For Progress Payment.
Request For Authorization of Additional Classification and Rate.
Labor Standards Interview.
Labor Standards Investigation Summary Sheet.
Solicitation/Contract.
Solicitation/Contract/Order for Commercial Items.
Offer Label.
Release of Lien on Real Property.
Release of Personal Property From Escrow.
Contract Award.
Solicitation and Offer-Negotiated Acquisition.
Amendment of Solicitation (Negotiated Procurements).
Continuation Sheet.
Order for Supplies or Services.
Order For Supplies or Services—Schedule—Continuation.
Abstract of Offers—Construction.
Abstract of Offers-Construction Continuation Sheet.
(b) You can access the forms in Table
53–2 at the websites listed in the table.
TABLE 53–2—OTHER FORMS
Form DD 254 .......................
Form DD 441 .......................
Department of Defense Contract Security Classification
Specification.
Department of Defense Security Agreement ..................
Form WH–347 ......................
Payroll–U.S. Department of Labor ..................................
https://www.dtic.mil/whs/directives/forms/eforms/
dd0254.pdf.
https://www.dtic.mil/whs/directives/forms/eforms/dd0441_
2017.pdf.
https://www.dol.gov/whd/forms/wh347.pdf.
[FR Doc. 2018–17836 Filed 8–21–18; 8:45 am]
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]]>Agencies
[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Rules and Regulations]
[Pages 42571-42578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17836]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23, 25,
28, 31, 36, 41, 49, 52, and 53
[FAC 2005-100; Item III; Docket No. 2018-0002; Sequence No. 1]
Federal Acquisition Regulation; Technical Amendments
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes amendments to the Federal Acquisition
Regulation (FAR) in order to make editorial changes and to update web
links.
DATES: Effective: August 22, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Lois Mandell, Regulatory
Secretariat Division (MVCB), 1800 F Street NW, 2nd Floor, Washington,
DC 20405, 202-501-4755. Please cite FAC 2005-100, Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to update certain elements in 48
CFR parts 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23, 25, 28, 31,
36, 41, 49, 52, and 53 this document makes editorial changes to the
FAR.
List of Subjects in 48 CFR Parts 2, 4, 5, 6, 7, 8, 9, 14, 16, 17,
18, 19, 22, 23, 25, 28, 31, 36, 41, 49, 52, and 53
Government procurement.
[[Page 42572]]
Dated: July 31, 2018.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 5, 6, 7, 8,
9, 14, 16, 17, 18, 19, 22, 23, 25, 28, 31, 36, 41, 49, 52, and 53 as
set forth below:
0
1. The authority citation for parts 2, 4, 5, 6, 7, 8, 9, 14, 16, 17,
18, 19, 22, 23, 25, 28, 31, 36, 41, 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 2--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 2.101, in paragraph (b)(2) by--
0
a. Removing from the definition ``Disaster Response Registry''
``https://www.acquisition.gov and alternately through the FEMA website
at https://www.fema.gov/business/index.shtm. (See 26.205.)'' and adding
``the Internet at https://www.sam.gov, Search Records, Advanced Search,
Disaster Response Registry Search. (See 26.205.)'' in its place; and
0
b. Removing from the definition ``Governmentwide point of entry (GPE)''
``https://www.fedbizopps.gov'' and adding ``https://www.fbo.gov'' in its
place.
PART 4--ADMINISTRATIVE MATTERS
0
3. Amend section 4.1603 by revising paragraphs (b) introductory text,
(b)(1), and (b)(2) introductory text to read as follows:
4.1603 Procedures.
* * * * *
(b) Elements of a supplementary PIID. Use the supplementary PIID to
identify amendments to solicitations and modifications to contracts,
orders, and agreements. The supplementary PIID is reported as a
separate data element used in conjunction with, but not appended to,
the PIID.
(1) Amendments to solicitations. Number amendments to solicitations
sequentially using a four position numeric serial number in addition to
the 13-17 character PIID beginning with 0001.
(2) Modifications to contracts, orders, and agreements. Number
modifications to contracts, orders, and agreements using a six position
alpha or numeric, or a combination thereof, in addition to the 13-17
character PIID. For example, a modification could be numbered P00001.
This would be in addition to the 13-17 character PIID illustrated in
paragraph (a)(5) of this section.
* * * * *
4.1702 [Amended]
0
4. Amend section 4.1702 by removing from paragraph (b) ``https://
www.whitehouse.gov/omb/procurement-service-contract-inventories'' and
adding ``https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/
procurement/memo/service-contract-inventory-guidance.pdf'' in its
place.
PART 5--PUBLICIZING CONTRACT ACTIONS
5.102 [Amended]
0
5. Amend section 5.102 by removing from paragraph (a)(1) ``https://www.fedbizopps.gov'' and adding ``https://www.fbo.gov'' in its place.
5.201 [Amended]
0
6. Amend section 5.201 by removing from paragraph (d) ``https://www.fedbizopps.gov'' and adding ``https://www.fbo.gov'' in its place.
5.207 [Amended]
0
7. Amend section 5.207 by removing from paragraphs (b), (c)(19), and
(e) ``https://www.fedbizopps.gov'' and adding ``https://www.fbo.gov'' in
their places, respectively.
5.704 [Amended]
0
8. Amend section 5.704 by removing from paragraph (b) introductory text
``https://www.fedbizopps.gov'' and adding ``https://www.fbo.gov'' in
its place.
5.705 [Amended]
0
9. Amend section 5.705 by removing from paragraphs (a)(2) introductory
text and (c) ``https://www.fedbizopps.gov'' and adding ``https://www.fbo.gov'' in their places, respectively.
PART 6--COMPETITION REQUIREMENTS
6.305 [Amended]
0
10. Amend section 6.305 by removing from paragraph (d)(1)
``www.fedbizopps.gov'' and adding ``https://www.fbo.gov'' in its place.
PART 7--ACQUISITION PLANNING
7.103 [Amended]
0
11. Amend section 7.103 by removing from paragraph (p)(3) ``https://www.wbdg.org/pdfs/hpsb_guidance.pdf'' and adding ``https://www.epa.gov/greeningepa/guiding-principles-federal-leadership-high-performance-and-sustainable-buildings'' in its place.
7.105 [Amended]
0
12. Amend section 7.105 by removing from paragraph (b)(16) ``https://www.fedbizopps.gov'' and adding ``https://www.fbo.gov'' in its place.
7.107-4 [Amended]
0
13. Amend section 7.107-4(a)(1) introductory text by removing
``contract task'' and adding ``contract or task'' in its place.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.405-6 [Amended]
0
14. Amend section 8.405-6 by removing from paragraph (a)(2)(i)(B)(1)
``https://www.fedbizopps.gov'' and adding ``https://www.fbo.gov'' in its
place.
8.501 [Amended]
0
15. Amend section 8.501 in the definition ``Federal helium supplier''
by removing ``https://blm.gov/8pjd'' and adding ``https://www.blm.gov/programs/energy-and-minerals/helium/partners'' in its place.
8.602 [Amended]
0
16. Amend section 8.602 by removing from paragraphs (a)(4)(ii)(A) and
(B) ``FedBizOpps'' and adding ``FedBizOpps, also known as FBO'' in
their places, respectively.
PART 9--CONTRACTOR QUALIFICATIONS
9.406-3 [Amended]
0
17. Amend section 9.406-3 by removing from paragraph (f)(1)
``www.cpars.csd.disa.mil'' and adding ``https://www.cpars.gov'' in its
place.
9.407-3 [Amended]
0
18. Amend section 9.407-3 by removing from paragraph (e)(1)
``www.cpars.csd.disa.mil'' and adding ``https://www.cpars.gov'' in its
place.
PART 14--SEALED BIDDING
14.201-2 [Amended]
0
19. Amend section 14.201-2 by removing from paragraph (b) ``(53.302-
336)''.
PART 16--TYPES OF CONTRACTS
16.505 [Amended]
0
20. Amend section 16.505 by removing from paragraph (b)(2)(ii)(D)(2)(i)
``https://www.fedbizopps.gov'' and adding ``https://www.fbo.gov'' in its
place.
[[Page 42573]]
PART 17--SPECIAL CONTRACTING METHODS
17.502-1 [Amended]
0
21. Amend section 17.502-1 by removing from paragraph (b)(1)(i)
``https://www.whitehouse.gov/omb/assets/procurement/iac_revised.pdf''
and adding ``https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/
assets/OMB/procurement/interagency_acq/iac_revised.pdf'' in its place;
and removing from paragraph (c) introductory text ``https://
www.whitehouse.gov/sites/default/files/omb/procurement/memo/
development-review-and-approval-of-business-cases-for-certain-
interagency-and-agency-specific-acquisitions-memo.pdf'' and adding
``https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/
procurement/memo/development-review-and-approval-of-business-cases-for-
certain-interagency-and-agency-specific-acquisitions-memo.pdf'' in its
place.
PART 18--EMERGENCY ACQUISITIONS
18.205 [Amended]
0
22. Amend section 18.205 by removing from paragraph (b) ``https://
www.whitehouse.gov/sites/default/files/omb/assets/procurement_guides/
emergency_acquisitions_guide.pdf'' and adding ``https://
www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/
procurement_guides/emergency_acquisitions_guide.pdf'' in its place.
PART 19--SMALL BUSINESS PROGRAMS
19.704 [Amended]
0
23. Amend section 19.704 by removing from paragraph (a)(10)(iii)
``contracts intended;'' and adding ``contracts with individual
subcontracting plans where the contract is intended'' in its place.
19.1503 [Amended]
0
24. Amend section 19.1503 by removing from paragraph (c)(2)(viii)
``https://www.sba.gov/tools/forms/'' and adding ``https://
www.sba.gov/managing-business/forms/small-business-forms/financial-
assistance-forms/personal-financial-statement'' in its place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.001 [Amended]
0
25. Amend section 22.001 by removing from the definition
``Administrator or Administrator, Wage and Hour Division'' the words
``Employment Standards Administration,''.
22.404-3 [Amended]
0
26. Amend section 22.404-3 by removing from paragraph (a) ``(see
53.301-308)''.
22.1001 [Amended]
0
27. Amend section 22.1001 by removing from the definition ``Wage and
Hour Division'' ``Employment Standards Administration of the''.
22.1021 [Amended]
0
28. Amend section 22.1021 by removing from paragraph (a) ``Employment
Standards Administration,''.
22.1022 [Amended]
0
29. Amend section 22.1022 by removing from the second sentence
``Employment Standards Administration,''.
22.1304 [Amended]
0
30. Amend section 22.1304 by removing from paragraph (b) ``[email protected]'' and adding ``[email protected]'' in its place.
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
23.202 [Amended]
0
31. Amend section 23.202 by removing from paragraph (b)(3) ``https://
www.epa.gov/nps/lid/section438'' and adding ``https://www.epa.gov/nps/
stormwater-management-federal-facilities-under-section-438-energy-
independence-and-security-act'' in its place.
23.203 [Amended]
0
32. Amend section 23.203 by removing from paragraph (b)(2) ``https://
www1.eere.energy.gov/femp/procurement/eep_requirements.html'' and
adding ``https://energy.gov/eere/femp/energy-and-water-efficient-
products'' in its place.
0
33. Amend section 23.205 by removing from paragraph (c)(1) ``at https://www1.eere.energy.gov/femp/financing/espcs_regulations.html;'' and
adding paragraph (d) to read as follows:
23.205 Energy-savings performance contracts.
* * * * *
(d) For more information see https://energy.gov/eere/femp/energy-savings-performance-contracts-federal-agencies.
23.401 [Amended]
0
34. Amend section 23.401 by removing from paragraph (a)(2) ``https://
www.epa.gov/epawaste/conserve/tools/cpg/index.htm'' and adding
``https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program'' in its place.
23.405 [Amended]
0
35. Amend section 23.405 by removing from paragraph (a)(1) ``https://www.epa.gov/cpg/products.htm'' and adding ``https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products'' in its
place.
23.802 [Amended]
0
36. Amend section 23.802 by removing from paragraph (c) ``and the
President's Climate Action Plan of June 2013''.
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
0
37. Amend section 25.003 in the definition ``Caribbean Basin country
end product'' by removing from the paragraph (1)(ii)(B) ``https://www.usitc.gov/tata.hts/'' and adding ``https://usitc.gov/tata/hts/index.htm'' in its place.
25.703-2 [Amended]
0
38. Amend section 25.703-2 by removing from paragraph (a)(2) ``https://www.treasury.gov/ofac/downloads/t11sdn.pdf'' and adding ``https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx'' in its place.
PART 28--BONDS AND INSURANCE
28.106-1 [Amended]
0
39. Amend section 28.106-1 by removing from the introductory text,
``shown in 53.301 and 53.302''.
28.106-3 [Amended]
0
40. Amend section 28.106-3 by removing from paragraph (a) ``, and a
copy of the form is furnished for this purpose in part 53 of the
looseleaf edition of the FAR''.
28.203-3 [Amended]
0
41. Amend section 28.203-3 by removing from paragraph (a)(1) ``https://www.justice.gov/enrd/ENRD_Assets/Title_Standards_2001.pdf'' and adding
``https://www.justice.gov/enrd/page/file/922431/download'' in its
place.
0
42. Amend section 28.204-3 by revising paragraph (h) to read as
follows:
28.204-3 Irrevocable letter of credit.
* * * * *
[[Page 42574]]
(h) A copy of the Uniform Customs and Practice (UCP) for
Documentary Credits, 2007 Edition, International Chamber of Commerce
Publication No. 600, is available from: ICC Books USA, 1212 Avenue of
the Americas, 21st Floor, New York, NY 10036; Phone: 212-703-5078; Fax:
212-391-6568; Email: [email protected]; Via the internet at: https://www.uscib.org/ucp-600-ud-4465/.
PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES
31.205-6 [Amended]
0
43. Amend section 31.205-6 by removing from paragraphs (p)(2)(ii) and
(p)(3)(ii) ``https://www.whitehouse.gov/omb/procurement_index_exec_comp/'' and adding ``https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf'' in their
places, respectively; and removing from paragraph (p)(4)(ii) ``https://www.whitehouse.gov/omb/procurement/cecp'' and adding ``https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf'' in its
place.
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
36.104 [Amended]
0
44. Amend section 36.104 by removing from paragraph (b)(1) ``https://www.wbdg.org/pdfs/hpsb_guidance.pdf'' and adding ``https://www.epa.gov/greeningepa/guiding-principles-federal-leadership-high-performance-and-sustainable-buildings'' in its place.
0
45. Revise the last sentence of section 36.700 to read as follows:
36.700 Scope of subpart.
* * * A listing of the Standard forms is located in subpart 53.3.
PART 41--ACQUISITION OF UTILITY SERVICES
41.301 [Amended]
0
46. Amend section 41.301 by removing from paragraph (a) ``General
Services Administration, Energy Center of Expertise, 301 7th Street SW,
Room 4004, Washington, DC 20407'' and adding ``General Services
Administration, Energy Division--PMA, 1800 F St NW, Washington, DC
20405; website: www.gsa.gov/energy; Email: [email protected]'' in its
place.
PART 49--TERMINATION OF CONTRACTS
0
47. Revise the last sentence of section 49.602 to read as follows:
49.602 Forms for settlement of terminated contracts.
* * * A listing of the Standard forms is located in subpart 53.3.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
48. Amend section 52.208-8 by revising the date of the clause and
removing from paragraph (a), in the definition ``Federal helium
supplier'' ``https://www.blm.gov/nm/st/en/fo/Amarillo_Field_Office.html'' and adding ``https://www.blm.gov/programs/energy-and-minerals/helium/partners'' in its place.
The revision reads as follows:
52.208-8 Required Sources for Helium and Helium Usage Data.
* * * * *
Required Sources for Helium and Helium Usage Data (AUG 2018)
* * * * *
0
49. Amend section 52.212-1 by revising the date of the provision and
paragraph (b)(4) to read as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items (AUG 2018)
* * * * *
(b) * * *
(4) A technical description of the items being offered in
sufficient detail to evaluate compliance with the requirements in
the solicitation. This may include product literature, or other
documents, if necessary;
* * * * *
0
50. Amend section 52.212-3 by revising the date of the provision and
removing from paragraph (o)(2)(iii) ``https://www.treasury.gov/ofac/downloads/t11sdn.pdf '' and adding ``https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx'' in its place.
The revision reads as follows:
52.212-3 Offeror Representations and Certifications--Commercial
Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (AUG 2018)
* * * * *
0
51. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Revising paragraphs (b)(17)(i) and (b)(17)(v);
0
c. Revising paragraphs (b)(28) through (30);
0
d. Revising paragraphs (b)(48) and (49);
0
e. Redesignating paragraphs (b)(58) and (59) as paragraphs (b)(59) and
(60), and adding a new paragraph (b)(58);
0
f. Revising the newly designated paragraph (b)(60);
0
g. Revising paragraphs (c)(2), (c)(4), and (e)(1)(xii); and
0
h. In Alternate II-
0
i. Revising the date of Alternate II;
0
ii. Revising paragraph (e)(1)(ii)(J); and
0
iii. Revising paragraphs (e)(1)(ii)(P) thru (e)(1)(ii)(R).
The revisions and addition read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders-Commercial Items (AUG 2018)
* * * * *
(b) * * *
___(17)(i) 52.219-9, Small Business Subcontracting Plan (AUG
2018) (15 U.S.C. 637(d)(4)).
* * * * *
__(v) Alternate IV ([AUG 2018]) of 52.219-9.
* * * * *
___(28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O.
11246).
___(ii) Alternate I (Feb 1999) of 52.222-26.
___(29)(i) 52.222-35, Equal Opportunity for Veterans (OCT
2015)(38 U.S.C. 4212).
___(ii) Alternate I (July 2014) of 52.222-35.
___(30)(i) 52.222-36, Equal Opportunity for Workers with
Disabilities (JUL 2014) (29 U.S.C. 793).
___(ii) Alternate I (July 2014) of 52.222-36.
* * * * *
___(48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).
___(49) 52.225-13, Restrictions on Certain Foreign Purchases
(JUNE 2008) (E.O.'s, proclamations, and statutes administered by the
Office of Foreign Assets Control of the Department of the Treasury).
* * * * *
___(58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5
U.S.C. 552a).
* * * * *
___(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.
2631).
___(ii) Alternate I (Apr 2003) of 52.247-64.
___(iii) Alternate II (Feb 2006) of 52.247-64.
(c) * * *
___(2) 52.222-41, Service Contract Labor Standards (AUG 2018)(41
U.S.C. chapter 67).
* * * * *
___(4) 52.222-43, Fair Labor Standards Act and Service Contract
Labor Standards-Price
[[Page 42575]]
Adjustment (Multiple Year and Option Contracts) (AUG 2018)(29 U.S.C.
206 and 41 U.S.C. chapter 67).
* * * * *
(e)(1) * * *
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018)(41
U.S.C. chapter 67).
* * * * *
Alternate II (AUG 2018). * * *
* * * * *
(e)(1) * * *
(ii) * * *
(J) 52.222-41, Service Contract Labor Standards (AUG 2018)(41
U.S.C. chapter 67).
* * * * *
(P) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN
2017)(E.O. 13706).
(Q)(1) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(2) Alternate I (JAN 2017) of 52.224-3.
(R) 52.225-26, Contractors Performing Private Security Functions
Outside the United States (OCT 2016) (Section 862, as amended, of
the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
* * * * *
0
52. Amend section 52.213-4 by revising the date of the clause and
paragraphs (a)(2)(viii) and (b)(1)(vii) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other than Commercial
Items) (AUG 2018)
(a) * * *
(2) * * *
(viii) 52.244-6, Subcontracts for Commercial Items (AUG 2018).
(b) * * *
(1) * * *
(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41
U.S.C. chapter 67) (Applies to service contracts over $2,500 that
are subject to the Service Contract Labor Standards statute and will
be performed in the United States, District of Columbia, Puerto
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, Johnston Island, Wake Island, or the outer
Continental Shelf).
* * * * *
0
53. Amend section 52.216-7 by revising the date of the clause and
removing from paragraph (d)(2)(iv)(B) ``https://www.whitehouse.gov/omb/procurement_index_exec_comp/'' and adding ``https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf '' in its
place.
The revision reads as follows:
52.216-7 Allowable Cost and Payment.
* * * * *
Allowable Cost and Payment (AUG 2018)
0
54. Amend section 52.219-9 by--
0
a. Revising the date of the clause;
0
b. Removing the erroneous paragraph (d), prior to paragraph (c)(1);
0
c. Removing from paragraph (d)(10)(iii) ``contracts intended'' and
adding ``contracts with individual subcontracting plans where the
contract is intended'' in its place;
0
d. Removing from paragraphs (d)(10)(vi) and (d)(10)(vii) ``DUNS
number'' and adding ``unique entity identifier'' in its place;
0
e. In Alternate IV--
0
i. Revising the date of Alternate IV;
0
ii. Removing from paragraph (d)(10)(iii) ``contract intended'' and
adding ``contract with an individual subcontracting plan where the
contract is intended'' in its place; and
0
iii. Removing from paragraphs (d)(10)(vi) and (d)(10)(vii) ``DUNS
number'' and adding ``unique entity identifier'' in its place.
The revisions read as follows:
52.219-9 Small Business Subcontracting Plan.
* * * * *
Small Business Subcontracting Plan (AUG 2018)
* * * * *
Alternate IV (AUG 2018) * * *.
* * * * *
0
55. Amend section 52.222-6 by revising the date of the clause and
removing from paragraph (c)(2) ``Employment Standards
Administration,''.
The revision reads as follows:
52.222-6 Construction Wage Rate Requirements.
* * * * *
Construction Wage Rate Requirements (AUG 2018)
* * * * *
0
56. Amend section 52.222-8 by revising the clause heading and date to
read as follows:
52.222-8 Payrolls and Basic Records.
* * * * *
Payrolls and Basic Records (AUG 2018)
* * * * *
0
57. Amend section 52.222-30 by revising the date of the clause and
removing from paragraph (a) ``Employment Standards Administration,''.
The revision reads as follows:
52.222-30 Construction Wage Rate Requirements--Price Adjustment (None
or Separately Specified Method).
* * * * *
Construction Wage Rate Requirements--Price Adjustment (None or
Separately Specified Method) (AUG 2018)
* * * * *
0
58. Amend section 52.222-31 by revising the date of the clause and
removing from paragraph (a) ``Employment Standards Administration,''.
The revision reads as follows:
52.222-31 Construction Wage Rate Requirements--Price Adjustment
(Percentage Method).
* * * * *
Construction Wage Rate Requirements--Price Adjustment (Percentage
Method) (AUG 2018)
* * * * *
0
59. Amend section 52.222-32 by revising the date of the clause and
removing from paragraph (a) ``Employment Standards Administration,''.
The revision reads as follows:
52.222-32 Construction Wage Rate Requirements--Price Adjustment
(Actual Method).
* * * * *
Construction Wage Rate Requirements--Price Adjustment (Actual Method)
(AUG 2018)
* * * * *
0
60. Amend section 52.222-41 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (c)(2)(ii) ``Employment Standards
Administration''; and
0
c. Removing from paragraph (i)(1) ``Employment Standards
Administration,''.
The revision reads as follows:
52.222-41 Service Contract Labor Standards.
* * * * *
Service Contract Labor Standards (AUG 2018)
* * * * *
0
61. Amend section 52.222-43 by revising the date of the clause and
removing from paragraph (c) ``Employment Standards Administration,''.
The revision reads as follows:
52.222-43 Fair Labor Standards Act and Service Contract Labor
Standards--Price Adjustment (Multiple Year and Option Contracts).
* * * * *
[[Page 42576]]
Fair Labor Standards Act and Service Contract Labor Standards--Price
Adjustment (Multiple Year and Option Contracts) (AUG 2018)
* * * * *
0
62. Amend section 52.223-17 by revising the date of the clause and
removing from paragraph (b) ``https://www.epa.gov/cpg/'' and ``https://www.epa.gov/cpg/products.htm'' and adding ``https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program'' in their places.
The revision reads as follows:
52.223-17 Affirmative Procurement of EPA-designated Items in Service
and Construction Contracts.
* * * * *
Affirmative Procurement of EPA-designated Items in Service and
Construction Contracts (AUG 2018)
* * * * *
0
63. Amend section 52.225-5 by revising the date of the clause and
removing from paragraph (a), in the definition of ``Caribbean Basin
country end product'' paragraph (1)(ii)(B) introductory text ``https://www.usitc.gov/tata/hts/'' and adding ``https://usitc.gov/tata/hts/index.htm'' in its place.
The revision reads as follows:
52.225-5 Trade Agreements.
* * * * *
Trade Agreements (AUG 2018)
* * * * *
0
64. Amend section 52.225-18 by revising the date of the provision and
removing from the introductory text of paragraph (a) ``clause'' and
adding ``provision'' in its place.
The revision reads as follows:
52.225-18 Place of Manufacture.
* * * * *
Place of Manufacture (AUG 2018)
* * * * *
0
65. Amend section 52.225-25 by revising the date of the provision and
removing from paragraph (c)(3) ``https://www.treasury.gov/ofac/downloads/t11sdn.pdf'' and adding ``https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx'' in its place.
The revision reads as follows:
52.225-25 Prohibition on Contracting with Entities Engaging in
Certain Activities or Transactions Relating to Iran--Representation and
Certifications.
* * * * *
Prohibition on Contracting with Entities Engaging in Certain Activities
or Transactions Relating to Iran--Representation and Certifications
(AUG 2018)
* * * * *
0
66. Amend section 52.228-11 by revising the date of the clause and
removing from paragraph (b)(2)(i) ``https://www.justice.gov/enrd/ENRD_Assets/Title_Standards_2001.pdf'' and adding ``https://www.justice.gov/enrd/page/file/922431/download'' in its place.
The revision reads as follows:
52.228-11 Pledges of Assets.
* * * * *
Pledges of Assets (AUG 2018)
* * * * *
0
67. Amend section 52.243-1 by revising the introductory text and the
date of the clause to read as follows:
52.243-1 Changes--Fixed-Price.
As prescribed in 43.205(a)(1), insert the following clause. The 30-
day period may be varied according to agency procedures.
Changes--Fixed-Price (AUG 1987)
* * * * *
0
68. Amend section 52.244-6 by revising the date of the clause and
paragraphs (c)(1)(iv), (v), (vi), (xv), and (xvi) to read as follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items (AUG 2018)
* * * * *
(c) * * *
(1) * * *
(iv) 52.204-21, Basic Safeguarding of Covered Contractor
Information Systems (JUN 2016), other than subcontracts for
commercially available off-the-shelf items, if flow down is required
in accordance with paragraph (c) of FAR clause 52.204-21.
(v) 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(vi) 52.219-8, Utilization of Small Business Concerns (Nov 2016)
(15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further
subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $700,000 ($1.5
million for construction of any public facility), the subcontractor
must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
* * * * *
(xv) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN
2017) (E.O. 13706), if flow down is required in accordance with
paragraph (m) of FAR clause 52.222-62.
(xvi)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a)
if flow down is required in accordance with 52.224-3(f).
(B) Alternate I (JAN 2017) of 52.224-3, if flow down is required
in accordance with 52.224-3(f) and the agency specifies that only
its agency-provided training is acceptable).
* * * * *
PART 53--FORMS
53.000 [Amended]
0
69. Amend section 53.000 by--
0
a. Removing ``in acquisition,'' and adding ``in acquisition; and'' in
its place;
0
b. Removing ``the forms, and'' and adding ``the forms.'' in its place;
and
0
c. Removing ``(c) illustrates the forms.''.
0
70. Revise section 53.102 to read as follows:
53.102 Current editions.
The form prescriptions in subpart 53.2 and the FAR forms located at
https://www.gsa.gov/forms contain current edition dates. Contracting
officers shall use the current editions unless otherwise authorized
under this regulation.
0
71. Revise section 53.209-1 to read as follows:
53.209-1 Responsible prospective contractors.
The following forms are prescribed for use in conducting preaward
surveys of prospective contractors, as specified in 9.106-1, 9.106-2,
and 9.106-4. These forms are authorized for local reproduction and can
be found at the GSA Forms Library at https://www.gsa.gov/forms.
(a) SF 1403 (Rev. 01/2014), Preaward Survey of Prospective
Contractor (General).
(b) SF 1404 (Rev. 01/2014), Preaward Survey of Prospective
Contractor--Technical.
(c) SF 1405 (Rev. 01/2014), Preaward Survey of Prospective
Contractor--Production.
(d) SF 1406 (Rev. 01/2014), Preaward Survey of Prospective
Contractor--Quality Assurance.
(e) SF 1407 (Rev. 01/2014), Preaward Survey of Prospective
Contractor--Financial Capability.
(f) SF 1408 (Rev. 01/2014), Preaward Survey of Prospective
Contractor--Accounting System.
0
72. Revise section 53.228 to read as follows:
53.228 Bonds and insurance.
The following standard forms are prescribed for use for bond and
[[Page 42577]]
insurance requirements, as specified in part 28. These forms can be
found at the GSA Forms Library at https://www.gsa.gov/forms. All the
following forms are authorized for local reproduction, except for SF
25B.
(a) SF 24 (Rev. 8/2016) Bid Bond. (See 28.106-1.)
(b) SF 25 (Rev. 8/2016) Performance Bond. (See 28.106-1(b).)
(c) SF 25A (Rev. 8/2016) Payment Bond. (See 28.106-1(c).)
(d) SF 25B (For Standard Forms 24, 25, and 25A) (Rev. 10/1983)
Continuation Sheet for Standard Forms 24, 25 and 25A. (See 28.106-
1(c).)
(e) SF 28 (Rev. 6/2003) Affidavit of Individual Surety. (See
28.106-1(e) and 28.203(b).)
(f) SF 34 (Rev 8/2016) Annual Bid Bond. (See 28.106-1(f).)
(g) SF 35 (Rev. 8/2016) Annual Performance Bond. (See 28.106-1.)
(h) SF 273 (Rev. 4/2013) Reinsurance Agreement for a Bonds statute
Performance Bond. (See 28.106-1(h) and 28.202-1(a)(4).)
(i) SF 274 (Rev. 4/2013) Reinsurance Agreement for a Bonds statute
Payment Bond. (See 28.106-1(i) and 28.202-1(a)(4).)
(j) SF 275 (Rev. 10/1998) Reinsurance Agreement in Favor of the
United States. (See 28.106-1(j) and 28.202-1(a)(4).)
(k) SF 1414 (Rev. 05/1997), Consent of Surety.
(l) SF 1415 (Rev. 7/1993), Consent of Surety and Increase of
Penalty. (See 28.108-1(l).)
(m) SF 1416 (Rev. 10/1998) Payment Bond for Other than Construction
Contracts. (See 28.106-1(m).)
(n) SF 1418 (Rev. 2/1999) Performance Bond For Other Than
Construction Contracts. (See 28.106-1(n).)
(o) OF 90 (Rev. 1/1990), Release of Lien on Real Property. (See
28.106-1(o) and 28.203-5(a).)
(p) OF 91 (Rev. 1/1990), Release of Personal Property from Escrow.
(See 28.106-1(p) and 28.203-5(a).)
0
73. Revise section 53.249 to read as follows:
53.249 Termination of contracts.
(a) The following forms are prescribed for use in connection with
the termination of contracts, as specified in subpart 49.6. These forms
are available at the GSA Forms Library at https://www.gsa.gov/forms.
These forms are authorized for local reproduction except for SF 1034.
(1) SF 1034 (GAO), Public Voucher for Purchases and Services Other
Than Personal. (See 49.302(a).)
(2) SF 1435 (Rev. 03/2016), Settlement Proposal (Inventory Basis).
(See 49.602-1(a).)
(3) SF 1436 (Rev. 5/2004), Settlement Proposal (Total Cost Basis).
(See 49.602-1(b).)
(4) SF 1437 (Rev. 9/1997), Settlement Proposal for Cost-
Reimbursement Type Contracts. (See 49.602-1(c) and 49.302.)
(5) SF 1438 (Rev. 5/2004), Settlement Proposal (Short Form). (See
49.602-1(d).)
(6) SF 1439 (Rev. 7/1989), Schedule of Accounting Information. (See
49.602-3.)
(7) SF 1440 (Rev. 01/1995), Application for Partial Payment. (See
49.602-4.)
(b) SF 1428 (Rev. 6/2007), Inventory Disposal Schedule, and
Standard Form 1429 (Rev. 1/2016), Inventory Disposal Schedule--
Continuation Sheet, shall be used to support termination settlement
proposals listed in paragraph (a) of this section, as specified in
49.602-2. These forms are available at the GSA Forms Library at https://www.gsa.gov/forms.
0
74. Revise subpart 53.3 to read as follows:
Subpart 53.3--Forms Used in Acquisitions
53.300 Listing of Standard, Optional, and Agency forms.
This subpart identifies, in numerical sequence, Standard Forms
(SF), Optional Forms (OF) and agency forms that are specified by the
FAR for use in acquisitions.
(a) You can access the forms in Table 53-1 at the GSA Forms Library
at https://www.gsa.gov/forms.
Table 53-1--Forms in the GSA Forms Library
------------------------------------------------------------------------
Form No. Form title
------------------------------------------------------------------------
SF 18............................. Request for Quotation.
SF 24............................. Bid Bond.
SF 25............................. Performance Bond.
SF 25A............................ Payment Bond.
SF 25B............................ Continuation Sheet for 24, 25, and
25A.
SF 26............................. Award/Contract.
SF 28............................. Affidavit of Individual Surety.
SF 30............................. Amendment of Solicitation/
Modification of Contract.
SF 33............................. Solicitation, Offer and Award.
SF 34............................. Annual Bid Bond.
SF 35............................. Annual Performance Bond.
SF 44............................. U.S. Government Purchase Order--
Invoice--Voucher.
SF 120............................ Report of Excess Personal Property.
SF 120A........................... Continuation Sheet (Report of Excess
Personal Property).
SF 126............................ Report of Personal Property for
Sale.
SF 126A........................... Report of Personal Property for Sale
(Continuation Sheet).
SF 252............................ Architect-Engineer Contract.
SF 273............................ Reinsurance Agreement for a Bonds
Statute Performance Bid.
SF 274............................ Reinsurance Agreement for a Bonds
Statute Payment Bond.
SF 275............................ Reinsurance Agreement in Favor of
the United States.
SF 294............................ Subcontracting Report for Individual
Contracts.
SF 298............................ Report Documentation Page.
SF 308............................ Request For Wage Determination and
Response to Request.
SF 330............................ Architect-Engineer Qualifications.
SF 1034........................... Public Voucher for Purchases and
Services Other Than Personal.
SF 1035........................... Public Voucher for Purchases and
Services Other Than Personal
(Continuation Sheet).
SF 1094........................... United States Tax Exemption Form.
SF 1094A.......................... Tax Exemption Accountability Record.
SF 1165........................... Receipt for Cash-Subvoucher.
SF 1402........................... Certificate of Appointment.
[[Page 42578]]
SF 1403........................... Preaward Survey of Prospective
Contractor (General).
SF 1404........................... Preaward Survey of Prospective
Contractor (Technical).
SF 1405........................... Preaward Survey of Prospective
Contractor (Production).
SF 1406........................... Preaward Survey of Prospective
Contractor (Quality Assurance).
SF 1407........................... Preaward Survey of Prospective
Contractor Financial Capability.
SF 1408........................... Preaward Survey of Prospective
Contractor Accounting System.
SF 1409........................... Abstract of Offers.
SF 1410........................... Abstract of Offers -Continuation.
SF 1413........................... Statement and Acknowledgment.
SF 1414........................... Consent of Surety.
SF 1415........................... Consent of Surety and Increase of
Penalty.
SF 1416........................... Payment Bond For Other Than
Construction Contracts.
SF 1418........................... Performance Bond for Other Than
Construction Contracts.
SF 1423........................... Inventory Verification Survey.
SF 1424........................... Inventory Disposal Report.
SF 1428........................... Inventory Disposal Schedule.
SF 1429........................... Inventory Disposal Schedule-
Continuation Sheet.
SF 1435........................... Settlement Proposal (Inventory
Basis).
SF 1436........................... Settlement Proposal (Total Cost
Basis).
SF 1437........................... Settlement Proposal for Cost-
Reimbursement Type Contracts.
SF 1438........................... Settlement Proposal (Short Form).
SF 1439........................... Schedule of Accounting Information.
SF 1440........................... Application For Partial Payment.
SF 1442........................... Solicitation, Offer, and Award
(Construction, Alteration, or
Repair).
SF 1443........................... Contractor's Request For Progress
Payment.
SF 1444........................... Request For Authorization of
Additional Classification and Rate.
SF 1445........................... Labor Standards Interview.
SF 1446........................... Labor Standards Investigation
Summary Sheet.
SF 1447........................... Solicitation/Contract.
SF 1449........................... Solicitation/Contract/Order for
Commercial Items.
OF 17............................. Offer Label.
OF 90............................. Release of Lien on Real Property.
OF 91............................. Release of Personal Property From
Escrow.
OF 307............................ Contract Award.
OF 308............................ Solicitation and Offer-Negotiated
Acquisition.
OF 309............................ Amendment of Solicitation
(Negotiated Procurements).
OF 336............................ Continuation Sheet.
OF 347............................ Order for Supplies or Services.
OF 348............................ Order For Supplies or Services--
Schedule--Continuation.
OF 1419........................... Abstract of Offers--Construction.
OF 1419A.......................... Abstract of Offers-Construction
Continuation Sheet.
------------------------------------------------------------------------
(b) You can access the forms in Table 53-2 at the websites listed
in the table.
Table 53-2--Other Forms
------------------------------------------------------------------------
------------------------------------------------------------------------
Form DD 254................. Department of https://www.dtic.mil/
Defense Contract whs/directives/
Security forms/eforms/
Classification dd0254.pdf.
Specification.
Form DD 441................. Department of https://www.dtic.mil/
Defense Security whs/directives/
Agreement. forms/eforms/
dd0441_2017.pdf.
Form WH-347................. Payroll-U.S. https://www.dol.gov/
Department of Labor. whd/forms/
wh347.pdf.
------------------------------------------------------------------------
[FR Doc. 2018-17836 Filed 8-21-18; 8:45 am]
BILLING CODE 6820-EP-P
