Federal Acquisition Regulation; Technical Amendments, 19839-19847 [2019-06626]
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Federal Register / Vol. 84, No. 87 / Monday, May 6, 2019 / Rules and Regulations
1.105–3
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11,
16, 17, 19, 22, 26, 30, 31, 45, 50, 52, and
53
[FAC 2019–02; Item III; Docket No. 2019–
0002; Sequence No. 1]
1.201–1
Federal Acquisition Regulation;
Technical Amendments
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
needed editorial changes.
DATES: Effective: May 6, 2019.
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 2019–02,
Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to
update certain elements in 48 CFR parts
1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 16, 17, 19,
22, 26, 30, 31, 45, 50, 52 and 53 this
document makes editorial changes to
the FAR.
SUMMARY:
List of Subjects in 48 CFR Parts 1, 2, 3,
4, 5, 6, 7, 8, 9, 11, 16, 17, 19, 22, 26,
30, 31, 45, 50, 52, and 53
Government procurement.
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Therefore, DoD, GSA, and NASA
amend 48 CFR parts 1, 2, 3, 4, 5, 6, 7,
8, 9, 11, 16, 17, 19, 22, 26, 30, 31, 45,
50, 52 and 53 as set forth below:
■ 1. The authority citation for 48 CFR
parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 16, 17,
19, 22, 26, 30, 31, 45, 50, 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 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
2. Revise section 1.105–3 to read as
follows:
■
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2.101
The two councils.
*
AGENCIES:
Dated: March 19, 2019.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Copies.
Copies of the FAR in CFR form may
be purchased from the Bookstore of the
Government Publishing Office (GPO),
Washington, DC 20402.
■ 3. Amend section 1.201–1 by—
■ a. Revising paragraph (b); and
■ b. Removing from paragraph (c) ‘‘the
Defense Contract Management Agency,
and the National Aeronautics and Space
Administration’’ and adding ‘‘and the
Defense Contract Management Agency’’
in its place.
The revision reads as follows:
*
*
*
*
(b) The chairperson of the CAA
Council shall be the representative of
the Administrator of General Services.
The other members of this council shall
be one each representative from the—
(1) Departments of Agriculture,
Commerce, Education, Energy, Health
and Human Services, Homeland
Security, Housing and Urban
Development, Interior, Justice, Labor,
State, Transportation, and Treasury; and
(2) Environmental Protection Agency,
National Aeronautics and Space
Administration, Social Security
Administration, Small Business
Administration, and U.S. Agency for
International Development.
*
*
*
*
*
PART 2—DEFINITIONS OF WORDS
AND TERMS
4. Amend section 2.101 by—
a. Removing from paragraph (b)
introductory text ‘‘(48 CFR chapter 1’’
and adding ‘‘(48 CFR chapter 1)’’ in its
place; and
■ b. In paragraph (b)(2):
■ i. Revising the defined term
‘‘Computer software’’;
■ ii. In the defined term ‘‘F.o.b.’’,
removing ‘‘* * *’’ and adding ‘‘. . .’’ in
its place;
■ iii. In the defined term ‘‘May’’,
removing ‘‘* * *’’ and adding ‘‘. . .’’ in
its place;
■ iv. In the defined term ‘‘Signature or
signed’’, removing ‘‘an individual
which, when’’ and adding ‘‘an
individual that, when’’ in its place;
■ v. In the defined term ‘‘Technical
data’’, removing ‘‘(See 41 U.S.C. 116))’’
and adding ‘‘(see 41 U.S.C. 116)’’ in its
place;
■ vi. In the defined term ‘‘United
States’’, removing ‘‘Subpart’’ and ‘‘Part’’
and adding ‘‘subpart’’ and ‘‘part’’ in
their places, wherever they appear; and
■ vii. Revising paragraph (1) of the
defined term ‘‘Value engineering change
proposal (VECP)’’.
The revision reads as follows:
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19839
Definitions.
*
*
*
*
*
(b) * * *
(2) * * *
Computer software—(1) Means—
(i) Computer programs that comprise
a series of instructions, rules, routines,
or statements, regardless of the media in
which recorded, that allow or cause a
computer to perform a specific
operation or series of operations; and
(ii) Recorded information comprising
source code listings, design details,
algorithms, processes, flow charts,
formulas, and related material that
would enable the computer program to
be produced, created, or compiled.
(2) Does not include computer
databases or computer software
documentation.
Value engineering change proposal
(VECP)—(1) Means a proposal that—
(i) Requires a change to the instant
contract to implement; and
(ii) Results in reducing the overall
projected cost to the agency without
impairing essential functions or
characteristics, provided, that it does
not involve a change—
(A) In deliverable end item quantities
only;
(B) In research and development
(R&D) items or R&D test quantities that
are due solely to results of previous
testing under the instant contract; or
(C) To the contract type only.
*
*
*
*
*
PART 3—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
3.103–2
[Amended]
5. Amend section 3.103–2 by—
a. Removing from paragraph (a)(1)
introductory text ‘‘subparagraph (a)(2)’’
and adding ‘‘paragraph (a)(2)’’ in its
place;
■ b. Removing from paragraph (a)(2)
introductory text ‘‘subparagraph (b)(2)’’
and adding ‘‘paragraph (b)(2)’’ in its
place;
■ c. Removing from paragraph (b)(1)
‘‘modified subparagraph (a)(1) or (a)(3)’’
and adding ‘‘modified paragraph (a)(1)
or (3)’’ in its place;
■ d. Removing from paragraph (b)(2)
‘‘modified subparagraph (a)(2)’’ and
adding ‘‘modified paragraph (a)(2)’’ in
its place;
■ e. Removing from paragraph (b)(3)
‘‘under subparagraph (1) or (2) above’’
and adding ‘‘under paragraph (b)(1) or
(2) of this section’’ in its place; and
■ f. Removing from paragraph (b)(4)
‘‘under subparagraph (2) above’’ and
adding ‘‘under paragraph (2) of this
section’’ in its place.
■
■
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[Amended]
3.502–1
6. Amend section 3.104–3 by
removing from paragraph (a) heading
‘‘information 41 U.S.C. 2102)’’ and
adding ‘‘information (41 U.S.C. 2102)’’
in its place.
■ 7. Amend section 3.301 by revising
paragraph (b) to read as follows:
■
3.301
General.
*
*
*
*
*
(b) Contracting personnel are an
important potential source of
investigative leads for antitrust
enforcement and should therefore be
sensitive to indications of unlawful
behavior by offerors and contractors.
Agency personnel shall report, in
accordance with agency regulations,
evidence of suspected antitrust
violations in acquisitions for possible
referral to—
(1) The Attorney General under 3.303;
and
(2) The agency office responsible for
contractor debarment and suspension
under subpart 9.4.
3.303
[Amended]
8. Amend section 3.303 by removing
from paragraph (b), in the third
sentence, ‘‘Paragraph (c) below’’ and
adding ‘‘Paragraph (c) of this section’’ in
its place.
■
3.405
[Amended]
9. Amend section 3.405 by removing
from paragraph (b) introductory text
‘‘paragraph (a) above’’ and adding
‘‘paragraph (a) of this section’’ in its
place.
■ 10. Amend section 3.501–2 by
revising paragraph (a) and removing
from paragraph (c) ‘‘under ‘‘Formats for
Submission of Line Item Summaries)’’
and adding ‘‘under ‘‘Formats for
Submission of Line Item Summaries’’)’’
in its place.
The revision reads as follows:
■
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3.501–2
(a) Buying-in may decrease
competition or result in poor contract
performance. The contracting officer
must take appropriate action to ensure
buying-in losses are not recovered by
the contractor through the pricing of—
(1) Change orders; or
(2) Follow-on contracts subject to cost
analysis.
*
*
*
*
*
■ 11. Amend section 3.502–1 by
removing from the defined term
‘‘Subcontract’’ ‘‘service’’ and adding
‘‘services’’ in its place and revising the
definition of ‘‘Subcontractor’’ to read as
follows:
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Subpart 4.1—Contract Execution
*
*
*
*
Subcontractor—(1) Means any person,
other than the prime contractor, who
offers to furnish or furnishes any
supplies, materials, equipment, or
services of any kind under a prime
contract or a subcontract entered into in
connection with such prime contract;
and
(2) Includes any person who offers to
furnish or furnishes general supplies to
the prime contractor or a higher tier
subcontractor.
*
*
*
*
*
■ 12. Amend section 3.502–2 by—
■ a. Removing from paragraph (b)
‘‘subsection’’ and adding ‘‘section’’ in
its place;
■ b. Revising paragraph (d)(2);
■ c. Removing from paragraph (d)(3)
‘‘subsection’’ and adding ‘‘section’’ in
its place; and
■ d. Removing from paragraphs (e) and
(f) ‘‘under subparagraph (d)(2) of this
subsection’’ and adding ‘‘under
paragraph (d)(2) of this section’’ in its
place.
The revision reads as follows:
3.502–2
Subcontractor kickbacks.
*
*
*
*
*
(d) * * *
(2) The contracting officer may direct
a prime contractor to withhold from any
sums owed to a subcontractor under a
subcontract of the prime contract the
amount of any kickback which was or
may be offset against the prime
contractor under paragraph (d)(1) of this
section; and
*
*
*
*
*
Subpart 3.8—[Amended]
[Amended]
14. Amend section 3.901 by removing
from the defined term ‘‘Inspector
General’’, ‘‘DOD Inspector General’’ and
adding ‘‘DoD Inspector General’’ in its
place.
■ 15. Revise the heading of section
3.907–7 to read as follows:
■
3.907–7
*
*
*
PART 4—ADMINISTRATIVE MATTERS
16. Remove subpart heading ‘‘Subpart
4.1—Contract Execution’’ and add a
subpart heading before section 4.101 to
read as follow:
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4.201
Procedures.
*
*
*
*
*
(e) Provide one copy of each contract
or modification that requires audit
service to the appropriate field audit
office listed in the ‘‘Directory of Federal
Contract Audit Offices’’ (see 42.103);
and
*
*
*
*
*
4.202
[Amended]
19. Amend section 4.202 by removing
‘‘prescribed in 4.201 above’’ and adding
‘‘prescribed in 4.201’’ in its place.
■
4.402
[Amended]
20. Amend section 4.402 by—
a. Removing from paragraph (b)
introductory text ‘‘requirements of these
Executive Orders’’ and ‘‘DOD’’ and
adding ‘‘requirements of these Executive
orders’’ and ‘‘DoD’’ in their places,
respectively; and
■ b. Removing from paragraphs (b)(1)
and (2) ‘‘DOD’’ and adding ‘‘DoD’’ in
their places, respectively.
■ 21. Amend section 4.403 by revising
paragraph (b)(2) to read as follows:
■
■
4.403 Responsibilities of contracting
officers.
*
*
*
*
(b) * * *
(2) Include—
(i) An appropriate Security
Requirements clause in the solicitation
(see 4.404); and
(ii) As appropriate, in solicitations
and contracts when the contract may
require access to classified information,
a requirement for security safeguards in
addition to those provided in the clause
(52.204–2, Security Requirements).
*
*
*
*
*
[Amended]
22. Amend section 4.404 by removing
from paragraph (a) ‘‘paragraph (d)
below’’ and adding ‘‘paragraphs (d) of
this section’’ in its place.
■
*
■
[Amended]
17. Amend section 4.102 by removing
from paragraph (d) ‘‘paragraphs (a)
through (c) above’’ and adding
‘‘paragraphs (a) through (c) of this
section’’ in its place and removing from
paragraph (e) ‘‘paragraphs (a) through
(d) above’’ and adding ‘‘paragraphs (a)
through (d) of this section’’ in its place.
■ 18. Amend section 4.201 by revising
paragraph (e) to read as follows:
■
4.404
Contract clause.
*
4.102
*
13. Amend the heading for subpart 3.8
by removing ‘‘To’’ and adding ‘‘to’’ in its
place.
■
3.901
General.
Definitions.
*
4.604
[Amended]
23. Amend section 4.604 by removing
from paragraph (b)(3) ‘‘FAR subpart
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18.2’’ and adding ‘‘subpart 18.2’’ in its
place.
section’’ in its place and revising
paragraph (c) to read as follows:
4.607
4.804–1
[Amended]
24. Amend section 4.607 by removing
from paragraph (b) ‘‘Unique Entity
Identifier Number’’ and adding ‘‘Unique
Entity Identifier’’ in its place.
■ 25. Amend section 4.703 by revising
paragraph (a) and removing from
paragraph (b)(3) ‘‘specified in
subparagraph’’ and adding ‘‘specified in
paragraph’’ in its place to read as
follows:
■
4.703
Policy.
(a) Except as stated in 4.703(b),
contractors shall make available records,
which includes books, documents,
accounting procedures and practices,
and other data, regardless of type and
regardless of whether such items are in
written form, in the form of computer
data, or in any other form, and other
supporting evidence to satisfy contract
negotiation, administration, and audit
requirements of the contracting agencies
and the Comptroller General for—
(1) 3 years after final payment; or
(2) For certain records, the period
specified in 4.705 through 4.705–3,
whichever of these periods expires first.
*
*
*
*
*
■ 26. Amend section 4.801 by revising
paragraph (c)(3) to read as follows:
4.801
General.
*
*
*
*
(c) * * *
(3) A file such as a contractor general
file, containing documents relating, for
example, to—
(i) No specific contract;
(ii) More than one contract; or
(iii) The contractor in a general way
(e.g., contractor’s management systems,
past performance, or capabilities).
■ 27. Amend section 4.803 by—
■ a. Removing from paragraph
(a)(10)(iii) ‘‘proposals;’’ and adding
‘‘proposals; and’’ in its place; and
■ b. Revising paragraph (a)(26).
The revision reads as follows:
Contents of contract files.
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*
*
*
*
(a) * * *
(26) The original of—
(i) The signed contract or award;
(ii) All contract modifications; and
(iii) Documents supporting
modifications executed by the
contracting office.
*
*
*
*
*
■ 28. Amend section 4.804–1 by
removing from paragraph (a)
introductory text ‘‘paragraph (c) below’’
and adding ‘‘paragraph (c) of this
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*
*
*
*
(c) A contract file shall not be closed
if—
(1) The contract is in litigation or
under appeal; or
(2) In the case of a termination, all
termination actions have not been
completed.
4.804–4
[Amended]
29. Amend section 4.804–4 by
removing from paragraph (a)
introductory text ‘‘paragraph (b) below’’
and adding ‘‘paragraph (b) of this
section’’ in its place.
■
4.804–5
30. Amend section 4.804–5 by
removing from paragraph (b)
introductory text ‘‘paragraph (a) above’’
and adding ‘‘paragraph (a) of this
section’’ in its place.
[Amended]
31. Amend section 4.805 by removing
from paragraph (a) ‘‘Part 4’’ and adding
in its place ‘‘this part’’ and in Table 4–
1, under the Record column, by adding
a period to the end of paragraphs (c)(1)
through (8).
■
4.1005–2
[Amended]
32. Amend section 4.1005–2 by
removing from paragraph (a)(1)
‘‘issuance: Accounting classification’’
and adding ‘‘issuance: accounting
classification’’ in its place.
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4.1200
[Amended]
33. Amend section 4.1200 by
removing from paragraph (b)
‘‘Government;’’ and adding
‘‘Government; and’’ in its place.
■
Subpart 4.15—[Reserved]
■
34. Add reserved subpart 4.15.
4.1801
[Amended]
35. Amend section 4.1801 by
removing from the defined term
‘‘Immediate owner’’ ‘‘the following:
Ownership’’ and adding ‘‘the following:
ownership’’ in its place.
■
PART 5—PUBLICIZING CONTRACT
ACTIONS
5.207
[Amended]
36. Amend section 5.207 by removing
from paragraph (a)(4) ‘‘Zip Code’’ and
adding ‘‘ZIP Code’’ in its place.
■ 37. Amend section 5.404–1 by
revising paragraph (b)(3) to read as
follows:
■
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*
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*
(b) * * *
(3) Each release states that—
(i) The estimate is based on the best
information available;
(ii) The information is subject to
modification and is in no way binding
on the Government; and
(iii) More specific information relating
to any individual item or class of items
will not be furnished until the proposed
action is synopsized through the GPE or
the solicitation is issued;
*
*
*
*
*
■ 38. Amend section 5.501 by revising
the defined term ‘‘Publication’’ to read
as follows:
Definitions.
*
■
4.805
Release procedures.
*
5.501
[Amended]
■
*
4.803
[Amended]
*
5.404–1
19841
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*
*
*
*
Publication means—
(1) The placement of an advertisement
in a newspaper, magazine, trade or
professional journal, or any other
printed medium; or
(2) The broadcasting of an
advertisement over radio or television.
■ 39. Amend section 5.504 by revising
paragraph (c) to read as follows:
5.504
Use of advertising agencies.
*
*
*
*
*
(c) Use of noncommission-paying
media. Some media do not grant
advertising agencies a commission or
discount, meaning the Government can
obtain the same rate as the advertising
agency. If the advertising agency agrees
to place advertisements in
noncommission-paying media as a nocost service, the basic ordering
agreement shall so provide. If the
advertising agency will not agree to
place advertisements at no cost, the
agreement shall—
(1) Provide that the Government may
place orders directly with the media; or
(2) Specify an amount that the
Government will pay if the agency
places the orders.
*
*
*
*
*
5.601
[Amended]
40. Amend section 5.601 by removing
from paragraphs (b)(1) and (2) ‘‘that
website’’ and adding ‘‘that website’’ in
their places, respectively.
■ 41. Amend section 5.705 by—
■ a. In paragraph (b)(1), adding a period
after ‘‘fixed-price’’ and removing
‘‘Required’’ and adding ‘‘required’’ in its
place;
■ b. In paragraphs (b)(2) and (3), adding
a period after ‘‘Required’’;
■ c. In paragraph (b)(4), adding a period
after ‘‘IDIQ contract’’ and removing ‘‘(2)
or (3)’’ and adding ‘‘paragraph (b)(2) or
(3) of this section’’ in its place;
■
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d. In paragraph (b)(5), adding a period
after ‘‘IDIQ contract’’ and removing
‘‘(e.g.)’’ and adding ‘‘(e.g.)’’ in its place;
■ e. In paragraph (b)(6), adding a period
after ‘‘issued’’ and removing ‘‘(2) or (3)
above’’ and ‘‘(4) or (5) above’’ and
adding ‘‘paragraph (b)(2) or (3) of this
section’’ and ‘‘paragraph (b)(4) or (5) of
this section’’ in their places,
respectively; and
■ f. In paragraph (b)(7):
■ i. Removing ‘‘e.g.’’ and adding ‘‘e.g.’’
in its place, wherever it appears;
■ ii. Adding a period after ‘‘program)’’;
and
■ iii. Removing ‘‘non-competitive’’ and
adding ‘‘noncompetitive’’ in its place.
■
PART 6—COMPETITION
REQUIREMENTS
6.001
[Amended]
42. Amend section 6.001 by removing
from paragraph (a) ‘‘source acquisition
of commercial’’ and adding ‘‘source
acquisitions of commercial’’ in its place.
■ 43. Amend section 6.102 by revising
paragraph (b) and removing from
paragraph (d)(2)(ii) ‘‘peer of scientific’’
and adding ‘‘peer or scientific’’ in its
place to read as follows:
■
6.102
Use of competitive procedures.
*
*
*
*
*
(b) Competitive proposals. (See
6.401(b).) If sealed bids are not
appropriate under paragraph (a) of this
section, contracting officers shall
request competitive proposals or use the
other competitive procedures under
paragraph (c) or (d) of this section.
*
*
*
*
*
6.202
[Amended]
44. Amend section 6.202 by removing
from paragraph (b)(1) ‘‘authority of
paragraph (a) above’’ and adding
‘‘authority of paragraph (a) of this
section’’ in its place and removing from
paragraph (b)(3) ‘‘the authority in (a)(1)
above’’ and adding ‘‘the authority in
paragraph (a)(1) of this section’’ in its
place.
■ 45. Amend section 6.301 by—
■ a. Removing from paragraph (a), in the
second sentence, ‘‘National Aeronautics
and Space Administration are subject to
41 U.S.C. 3304’’ and adding ‘‘National
Aeronautics and Space Administration
are subject to 10 U.S.C. 2304(c)’’ in its
place; and
■ b. Revising paragraph (c).
The revision reads as follows:
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■
6.301
Policy.
*
*
*
*
*
(c) Contracting without providing for
full and open competition shall not be
justified on the basis of—
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(1) A lack of advance planning by the
requiring activity; or
(2) Concerns related to the amount of
funds available (e.g., funds will expire)
to the agency or activity for the
acquisition of supplies or services.
*
*
*
*
*
■ 46. Amend section 6.302–1 by—
■ a. Revising paragraphs (a)(2)(ii) and
(iii);
■ b. Removing from paragraph (b)
introductory text ‘‘consitute’’ and
adding ‘‘constitute’’ in its place; and
■ c. Revising paragraph (b)(1).
The revisions read as follows:
6.302–1 Only one responsible source and
no other supplies or services will satisfy
agency requirements.
(a) * * *
(2) * * *
(ii) Supplies may be deemed to be
available only from the original source
in the case of a follow-on contract for
the continued development or
production of a major system or highly
specialized equipment, including major
components thereof, when it is likely
that award to any other source would
result in—
(A) Substantial duplication of cost to
the Government that is not expected to
be recovered through competition; or
(B) Unacceptable delays in fulfilling
the agency’s requirements. (See 10
U.S.C. 2304(d)(1)(B) or 41 U.S.C.
3304(b)(2).)
(iii) For DoD, NASA, and the Coast
Guard, services may be deemed to be
available only from the original source
in the case of follow-on contracts for the
continued provision of highly
specialized services when it is likely
that award to any other source would
result in—
(A) Substantial duplication of cost to
the Government that is not expected to
be recovered through competition; or
(B) Unacceptable delays in fulfilling
the agency’s requirements. (See 10
U.S.C. 2304(d)(1)(B).)
(b) * * *
(1) When there is a reasonable basis
to conclude that the agency’s minimum
needs can only be satisfied by—
(i) Unique supplies or services
available from only one source or only
one supplier with unique capabilities;
or
(ii) For DoD, NASA, and the Coast
Guard, unique supplies or services
available from only one or a limited
number of sources or from only one or
a limited number of suppliers with
unique capabilities.
*
*
*
*
*
■ 47. Amend section 6.302–2 by—
■ a. Revising paragraph (b);
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b. Removing from paragraphs (d)(2)(i)
and (ii) ‘‘(d)(1)(ii)’’ and adding
‘‘paragraph (d)(1)(ii)’’ in its place; and
■ c. Removing from paragraph (d)(3)
‘‘(d)(1) and (d)(2)’’ and adding ‘‘(d)(1)
and (2)’’ in its place.
The revision reads as follows:
■
6.302–2
Unusual and compelling urgency.
*
*
*
*
*
(b) Application. This authority
applies in those situations where—
(1) An unusual and compelling
urgency precludes full and open
competition; and
(2) Delay in award of a contract would
result in serious injury, financial or
other, to the Government.
*
*
*
*
*
6.302–3
[Amended]
48. Amend section 6.302–3 by—
a. Removing from paragraph (a)(2)
introductory text ‘‘competition need not
to be’’ and adding ‘‘competition need
not be’’ in its place; and
■ b. Removing from the ends of
paragraphs (a)(2)(i) and (ii) the comma
and adding a semicolon in its place;
■ c. Removing from paragraph (b)(1)
introductory text ‘‘(a)(2)(i) above’’ and
adding ‘‘(a)(2)(i) of this section’’ in its
place;
■ d. Removing from paragraph (b)(2)
introductory text ‘‘(a)(2)(ii) above’’ and
adding ‘‘(a)(2)(ii) of this section’’ in its
place; and
■ e. Removing from paragraph (b)(2)(iii)
‘‘paragraphs (b)(2)(i) or (ii) above’’ and
adding ‘‘paragraph (b)(2)(i) or (ii) of this
section’’ in its place.
■ 49. Amend section 6.302–5 by—
■ a. Revising paragraph (a)(2);
■ b. Removing from the ends of
paragraphs (b)(1) and (3) the semicolon
and adding a period in its place;
■ c. Removing from paragraph (c)(2)(i)
‘‘(a)(2)(ii) or (b)(2) of this subsection’’
and adding ‘‘paragraph (a)(2)(ii) or (b)(2)
of this section’’;
■ d. Removing from paragraph (c)(2)(ii)
‘‘(a)(2)(i) of this subsection’’ and adding
‘‘paragraph (a)(2)(i) of this section’’;
■ e. Removing from paragraph (c)(2)(iii)
‘‘(b)(4) of this subsection’’ and adding
‘‘paragraph (b)(4) of this section’’ in its
place; and
■ f. Removing from paragraph (c)(3)
‘‘(a)(2)(ii) of this subsection’’ and adding
‘‘paragraph (a)(2)(ii) of this section’’ in
its place.
The revision reads as follows:
■
■
6.302–5
Authorized or required by statute.
(a) * * *
(2) Full and open competition need
not be provided for when—
(i) A statute expressly authorizes or
requires that the acquisition be made
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through another agency or from a
specified source; or
(ii) The agency’s need is for a brand
name commercial item for authorized
resale.
*
*
*
*
*
6.303–1
[Amended]
50. Amend section 6.303–1 by
removing from paragraph (d) ‘‘required
by paragraph (a) above’’ and adding
‘‘required by paragraph (a) of this
section’’ in its place.
■
6.303–2
[Amended]
51. Amend section 6.303–2 by
removing from paragraph (d)(3) ‘‘agency
concerned.67’’ and adding ‘‘agency
concerned.’’ in its place.
■
6.304
[Amended]
52. Amend section 6.304 by removing
from paragraph (a)(2) ‘‘(a)(3) or (a)(4)’’
and adding ‘‘(a)(3) or (4)’’ in its place
and removing from paragraph (a)(4)
‘‘Acquisition, Technology, and
Logistics’’ and adding ‘‘Acquisition and
Sustainment’’ in its place.
■
6.401
[Amended]
53. Amend section 6.401 by—
a. Removing from the introductory
text ‘‘Parts’’ and adding ‘‘parts’’ in its
place and removing ‘‘Subparts’’ and
‘‘Subpart’’ and adding ‘‘subparts’’ and
‘‘subpart’’ in their places, respectively;
and
■ b. Removing from paragraph (b)(1)
‘‘under paragraph (a) above’’ and adding
‘‘under paragraph (a) of this section’’ in
its place.
■
■
6.501
[Amended]
54. Amend section 6.501 by removing
from paragraph (b) ‘‘inconsistent with
6.502 below’’ and adding ‘‘inconsistent
with 6.502’’ in its place.
■
PART 7—ACQUISITION PLANNING
7.102
[Amended]
56. Amend section 7.103 by—
a. Removing from the introductory
paragraph ‘‘procedures for—’’ and
adding ‘‘procedures for the following:’’
in its place;
■ b. Removing from paragraph (a)
‘‘acquired (41 U.S.C. 3306(a)(1))’’ and
adding ‘‘acquired (10 U.S.C.
2305(a)(1)(A) and 41 U.S.C. 3306(a)(1))’’
in its place;
■
■
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7.105 Contents of written acquisition
plans.
*
*
*
*
*
(a) * * *
(2) Applicable conditions. State all
significant conditions affecting the
acquisition, such as—
(i) Requirements for compatibility
with existing or future systems or
programs; and
(ii) Any known cost, schedule, and
capability or performance constraints.
*
*
*
*
*
7.106
[Amended]
58. Amend section 7.106 by removing
from paragraph (c) ‘‘paragraphs (a) and
(b) above’’ wherever it appears and
adding ‘‘paragraphs (a) and (b) of this
section’’ in its place.
■
[Amended]
55. Amend section 7.102 by removing
from paragraph (a)(1) ‘‘41 U.S.C. 3307;’’
and adding ‘‘41 U.S.C. 3307);’’ in its
place and removing from paragraph
(a)(2) ‘‘Part’’ and adding ‘‘part’’ in its
place.
■
7.103
c. Removing from the end of
paragraph (b) ‘‘; and’’ and adding a
period in its place;
■ d. Removing from the end of
paragraphs (h), (i), and (k) the semicolon
and adding a period in its place; and
■ e. Removing from the end of
paragraph (l) ‘‘; and’’ and adding a
period in its place.
■ 57. Amend section 7.105 by—
■ a. Removing from the introductory
text ‘‘(see paragraph (b)(21) below)’’ and
‘‘paragraphs (a) and (b) below’’ and
adding ‘‘(see paragraph (b)(21) of this
section)’’ and ‘‘paragraphs (a) and (b) of
this section’’ in their places,
respectively;
■ b. Revising paragraph (a)(2);
■ c. Removing from paragraphs (b)(4)
introductory text, (b)(10), (b)(14)(i), and
(b)(20)(v) ‘‘Subpart’’ and adding
‘‘subpart’’ in their places, respectively;
and
■ d. Removing from paragraph (b)(21) in
the list ‘‘Evaluations of proposals,’’ and
adding ‘‘Evaluation of proposals,’’ in its
place.
The revision reads as follows:
■
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7.107–5
59. Amend section 7.107–5 by
removing from paragraph (b)(1)
‘‘publish on its website’’ and adding
‘‘publish on its website’’ in its place and
removing from paragraph (d) ‘‘on their
agency website’’ and adding ‘‘on their
agency website’’ in its place.
■ 60. Revise section 7.202 to read as
follows:
■
7.202
Policy.
(a) Agencies are required by 10 U.S.C.
2384a and 41 U.S.C. 3310 to procure
supplies in such quantity as—
(1) Will result in the total cost and
unit cost most advantageous to the
Government, where practicable; and
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(2) Does not exceed the quantity
reasonably expected to be required by
the agency.
(b) Each solicitation for a contract for
supplies is required, if practicable, to
include a provision inviting each offeror
responding to the solicitation—
(1) To state an opinion on whether the
quantity of the supplies proposed to be
acquired is economically advantageous
to the Government; and
(2) If applicable, to recommend a
quantity or quantities which would be
more economically advantageous to the
Government. Each such
recommendation is required to include
a quotation of the total price and the
unit price for supplies procured in each
recommended quantity.
■ 61. Revise section 7.203 to read as
follows:
7.203
Sfmt 4700
Solicitation provision.
Contracting officers shall insert the
provision at 52.207–4, Economic
Purchase Quantity—Supplies, in
solicitations for supplies. The provision
need not be inserted if the solicitation
is for a contract under the General
Services Administration’s multiple
award schedule contract program, or if
the contracting officer determines that—
(a) The Government already has the
data;
(b) The data is otherwise readily
available; or
(c) It is impracticable for the
Government to vary its future
requirements.
■ 62. Amend section 7.503 by—
■ a. Removing from paragraph (c)(14)
‘‘conduct of Administrative’’ and adding
‘‘conduct of administrative’’ in its place;
■ b. Revising paragraph (c)(17)
introductory text; and
■ c. Removing from paragraph (d)(3)
‘‘relate to analysis’’ and adding ‘‘relate
to analyses’’ in its place.
The revision reads as follows:
7.503
[Amended]
19843
Policy.
*
*
*
*
*
(c) * * *
(17) The collection, control, and
disbursement of fees, royalties, duties,
fines, taxes, and other public funds,
unless authorized by statute, such as 31
U.S.C. 3718 (relating to private
collection contractors and private
attorney collection services), but not
including—
*
*
*
*
*
PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
8.005
[Amended]
63. Amend section 8.005 by removing
‘‘Purchase from’’ and ‘‘must’’ and
■
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adding ‘‘Purchase From’’ and ‘‘shall’’ in
their places, respectively.
8.402
[Amended]
64. Amend section 8.402 by—
a. Removing from paragraph (c)(1)
‘‘Subpart’’ and adding ‘‘subpart’’ in its
place;
■ b. Removing from paragraph (e) ‘‘the
following website’’ wherever it appears
and adding ‘‘the following website’’ in
its place; and
■ c. Removing from paragraph (f)(1)
‘‘Part’’ and ‘‘Parts’’ and adding ‘‘part’’
and ‘‘parts’’ in their places, respectively.
■
■
8.405–6
[Amended]
65. Amend section 8.405–6 by—
a. Removing from the introductory
text ‘‘paragraphs’’ and adding
‘‘paragraph’’ in its place;
■ b. Removing from paragraph
(b)(3)(i)(C) ‘‘(b)(2)(i)’’ and ‘‘subsection’’
and adding ‘‘(b)(2)(i) of this section’’
and ‘‘section’’ in their places,
respectively;
■ c. Removing from paragraph (b)(4)
‘‘subsection’’ and adding ‘‘section’’ in
its place;
■ d. Removing from paragraph (d)(2)
‘‘(d)(3) or (d)(4)’’ and adding ‘‘(d)(3) or
(4)’’ in its place;
■ e. Adding at the end of paragraph
(d)(3)(ii)(A) ‘‘or’’; and
■ f. Removing from paragraph (d)(4)
‘‘Acquisition, Technology, and
Logistics’’ and adding ‘‘Acquisition and
Sustainment’’ in its place.
■
■
8.701
[Amended]
66. Amend section 8.701 by removing
from the defined term ‘‘Committee’’
‘‘Purchase from’’ and adding ‘‘Purchase
From’’ in its place and removing from
the defined term ‘‘Ordering office’’,
‘‘under the JWOD Program’’ and adding
‘‘under the AbilityOne Program’’ in its
place.
■ 67. Amend section 8.703 by revising
the heading to read as follows:
■
8.703
*
Procurement List.
*
*
8.705–2
*
*
[Amended]
68. Amend section 8.705–2 by
removing from the first sentence of the
paragraph ‘‘directly to a AbilityOne’’
and adding ‘‘directly to an AbilityOne’’
in its place.
■
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8.714
[Amended]
69. Amend section 8.714 by removing
from paragraph (b) ‘‘addressed to the’’
and adding ‘‘addressed to:’’ in its place.
■
8.802
[Amended]
70. Amend section 8.802 by removing
from paragraph (a) introductory text
■
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‘‘Government Printing Office (GPO)’’
and adding ‘‘Government Publishing
Office (GPO)’’ in its place.
■ 71. Amend section 8.1101 by revising
the defined term ‘‘Motor vehicle’’ to
read as follows:
*
*
*
*
Motor vehicle means an item of
equipment, mounted on wheels and
designed for highway and/or land use,
that—
(1) Derives power from a selfcontained power unit; or
(2) Is designed to be towed by and
used in conjunction with self-propelled
equipment.
(b)(1) Generally, the contracting
officer shall obtain information
regarding the responsibility of
prospective contractors, including
requesting preaward surveys when
necessary (see 9.106), promptly after a
bid opening or receipt of offers.
However, in negotiated contracting,
especially when research and
development is involved, the
contracting officer may obtain this
information before issuing the request
for proposals. Requests for information
shall ordinarily be limited to
information concerning—
(i) The low bidder; or
(ii) Those offerors in range for award.
*
*
*
*
*
8.1104
9.107
8.1101
Definitions.
*
[Amended]
72. Amend section 8.1104 by
removing from paragraph (d) ‘‘(see
subpart B of 41 CFR 102–34)’’ and
adding ‘‘(see subpart B of 41 CFR part
102–34)’’ in its place.
■
[Amended]
77. Amend section 9.107 by removing
from paragraph (d) ‘‘Purchase from’’ and
adding ‘‘Purchase From’’ in its place.
■
9.202
[Amended]
74. Amend section 9.104–1 by—
a. Removing from paragraph (c) ‘‘(see
48 CFR 9.104–3(b) and part 42, subpart
42.15)’’ and adding ‘‘(see 9.104–3(b) and
subpart 42.15)’’ in its place; and
■ b. In paragraph (d), removing
‘‘Subpart’’ and adding ‘‘subpart’’ in its
place and removing the period at the
end and adding a semicolon in its place.
78. Amend section 9.202 by—
a. Removing from paragraph (a)(2)(i)
‘‘qualified;’’ and adding ‘‘qualified;
and’’ in its place;
■ b. Removing from paragraph (a)(3) ‘‘If
the services in (a)(2)(ii) above’’ and
adding ‘‘If the services in paragraph
(a)(2)(ii) of this section’’ in its place;
■ c. Removing from paragraph (b),
‘‘requirements of 9.202(a)(1)(ii) through
(4) above’’ and ‘‘9.202(a)(1)’’ and adding
‘‘requirements of paragraphs (a)(1)(ii)
through (a)(4) of this section’’ and
‘‘paragraph (a)(1) of this section’’ in
their place, respectively;
■ d. Removing from paragraphs (c)(1)
and (2) ‘‘DOD’’ wherever it appears and
adding ‘‘DoD’’ in its place;
■ e. Removing from paragraph (e)
‘‘9.202(a)’’ and adding ‘‘paragraph (a) of
this section’’ in its place; and
■ f. Removing from paragraph (f)
‘‘DOD’’, ‘‘9.202(a)’’, and ‘‘9.202(b)’’
wherever they appear and adding
‘‘DoD’’, ‘‘paragraph (a) of this section’’,
and ‘‘paragraph (b) of this section’’ in
their place, respectively.
9.104–7
9.204
■
■
PART 9—CONTRACTOR
QUALIFICATIONS
73. Amend section 9.102 by revising
paragraph (b) to read as follows:
■
9.102
Applicability.
*
*
*
*
*
(b) This subpart does not apply to
proposed contracts with—
(1) Foreign, State, or local
governments;
(2) Other U.S. Government agencies or
their instrumentalities; or
(3) Agencies for people who are blind
or severely disabled (see subpart 8.7).
9.104–1
[Amended]
■
■
[Amended]
79. Amend section 9.204 by removing
from paragraph (d) ‘‘(see 9.202(a)(2)(i)
above)’’ and adding ‘‘(see 9.202(a)(2)(i))’’
in its place.
■ 80. Amend section 9.305 by removing
the last sentence and adding in its place
‘‘Costs incurred based on this
authorization are allocable to the
contract for—’’ and adding paragraphs
(a) and (b) to read as follows:
75. Amend section 9.104–7 by
removing from paragraph (c)(2) ‘‘the
provision 52.209–7’’ and adding ‘‘the
provision at 52.209–7’’ in its place and
removing from paragraph (e) ‘‘the
following agencies: The’’ and adding
‘‘the following agencies: the’’ in its
place.
■ 76. Amend section 9.105–1 by
revising paragraph (b)(1) to read as
follows:
■
9.105–1
*
■
*
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Obtaining information.
*
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*
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*
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[Amended]
9.305
Risk.
*
*
*
*
(a) Progress payments; and
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9.403
(b) Termination settlements if the
contract is terminated for the
convenience of the Government.
9.306
[Amended]
81. Amend section 9.306 by—
a. Removing from paragraph (a)(3)
‘‘test report.’’ and adding ‘‘test report;’’
in its place;
■ b. Removing from paragraph (b)(2)
‘‘for approval.’’ and adding ‘‘for
approval;’’ in its place;
■ c. Removing from paragraph (c) ‘‘(see
52.209–3(h) and 52.209–4(i);’’ and
adding ‘‘(see 52.209–3(h) and 52.209–
4(i));’’ in its place;
■ d. Removing from paragraph (d)
‘‘9.306(c)’’ and adding ‘‘paragraph (c) of
this section’’ in its place;
■ e. Removing from paragraph (f)
‘‘quantity (see 11.404)’’ and adding
‘‘quantity (see 11.403)’’ in its place;
■ f. Removing from paragraph (g)
‘‘9.306(c)’’ and adding ‘‘paragraph (c) of
this section’’ in its place;
■ g. Removing from paragraph (h)
‘‘and’’; and
■ h. Removing from paragraph (i)
‘‘(when appropriate).’’ and adding
‘‘(when appropriate); and’’ in its place.
■ 82. Amend section 9.308–1 by
revising paragraphs (a)(1) and (b)(1) to
read as follows:
■
■
9.308–1 Testing performed by the
contractor.
(a)(1) The contracting officer shall
insert the clause at 52.209–3, First
Article Approval—Contractor Testing,
in solicitations and contracts when a
fixed-price contract is contemplated and
it is intended that the contract require—
(i) First article approval; and
(ii) That the contractor be required to
conduct the first article testing.
*
*
*
*
*
(b)(1) The contracting officer shall
insert a clause substantially the same as
the clause at 52.209–3, First Article
Approval—Contractor Testing, in
solicitations and contracts when a costreimbursement contract is contemplated
and it is intended that the contract
require—
(i) First article approval; and
(ii) That the contractor be required to
conduct the first article test.
*
*
*
*
*
9.401
[Amended]
83. Amend section 9.401 by removing
‘‘other Government-wide exclusion’’
wherever it appears and adding ‘‘other
Governmentwide exclusion’’ in its
place.
■ 84. Amend section 9.403 by revising
the defined terms ‘‘Affiliates’’,
‘‘Debarring official’’, and ‘‘Suspending
official’’ to read as follows:
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9.406–3
*
*
*
*
Affiliates. (1) Business concerns,
organizations, or individuals are
affiliates of each other if, directly or
indirectly—
(i) Either one controls or has the
power to control the other; or
(ii) A third party controls or has the
power to control both.
(2) Indicia of control include, but are
not limited to, interlocking management
or ownership, identity of interests
among family members, shared facilities
and equipment, common use of
employees, or a business entity
organized following the debarment,
suspension, or proposed debarment of a
contractor which has the same or
similar management, ownership, or
principal employees as the contractor
that was debarred, suspended, or
proposed for debarment.
*
*
*
*
*
Debarring official means—
(1) An agency head; or
(2) A designee authorized by the
agency head to impose debarment.
*
*
*
*
*
Suspending official means—
(1) An agency head; or
(2) A designee authorized by the
agency head to impose suspension.
*
*
*
*
*
■ 85. Amend section 9.406–1 by
revising paragraph (b) to read as follows:
9.406–1
General.
*
*
*
*
*
(b) Debarment constitutes debarment
of all divisions or other organizational
elements of the contractor, unless the
debarment decision is limited by its
terms to specific divisions,
organizational elements, or
commodities. The debarring official may
extend the debarment decision to
include any affiliates of the contractor if
they are—
(1) Specifically named; and
(2) Given written notice of the
proposed debarment and an opportunity
to respond (see 9.406–3(c)).
*
*
*
*
*
■ 86. Amend section 9.406–2 by
revising paragraph (a)(1) to read as
follows:
9.406–2
■
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Definitions.
*
Causes for debarment.
*
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[Amended]
87. Amend section 9.406–3 by
removing from paragraph (d)(1) ‘‘a
conviction or judgment’’ and adding ‘‘a
conviction or civil judgment’’ in its
place.
■
9.406–4
[Amended]
88. Amend section 9.406–4 by
removing from paragraph (c)(5)
‘‘debarring offical’’ and adding
‘‘debarring official’’ in its place.
■ 89. Amend section 9.407–1 by
removing ‘‘(b)(2)’’ and adding in its
place ‘‘(2)’’ and revising paragraph (c) to
read as follows:
■
9.407–1
General.
*
*
*
*
*
(c) Suspension constitutes suspension
of all divisions or other organizational
elements of the contractor, unless the
suspension decision is limited by its
terms to specific divisions,
organizational elements, or
commodities. The suspending official
may extend the suspension decision to
include any affiliates of the contractor if
they are—
(1) Specifically named; and
(2) Given written notice of the
suspension and an opportunity to
respond (see 9.407–3(c)).
*
*
*
*
*
■ 90. Amend section 9.407–2 by—
■ a. Revising paragraph (a)(1);
■ b. Removing from paragraph (a)(3)
‘‘property; or’’ and adding ‘‘property;’’
in its place;
■ c. Removing from paragraph (a)(7)
‘‘delinquent; or’’ and adding
‘‘delinquent;’’ in its place; and
■ d. Removing from paragraph (b)
‘‘paragraph (a) above’’ and adding
‘‘paragraph (a) of this section’’ in its
place.
The revision reads as follows:
9.407–2
Causes for suspension.
(a) * * *
(1) Commission of fraud or a criminal
offense in connection with—
(i) Obtaining;
(ii) Attempting to obtain; or
(iii) Performing a public contract or
subcontract;
*
*
*
*
*
9.502
[Amended]
91. Amend section 9.502 by removing
from paragraph (c) ‘‘An oganizational’’
and adding ‘‘An organizational’’ in its
place.
■
*
*
*
*
(a) * * *
(1) Commission of fraud or a criminal
offense in connection with—
(i) Obtaining;
(ii) Attempting to obtain; or
(iii) Performing a public contract or
subcontract;
*
*
*
*
*
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9.505
[Amended]
92. Amend section 9.505 by removing
from paragraph (b) introductory text
‘‘award for any’’ and adding ‘‘award of
any’’ in its place.
■
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93. Amend section 9.505–1 by
revising paragraph (a) to read as follows:
■
9.505–1 Providing systems engineering
and technical direction.
(a) A contractor that provides systems
engineering and technical direction for
a system but does not have overall
contractual responsibility for its
development, its integration, assembly,
and checkout, or its production shall
not—
(1) Be awarded a contract to supply
the system or any of its major
components; or
(2) Be a subcontractor or consultant to
a supplier of the system or any of its
major components.
*
*
*
*
*
9.505–2
[Amended]
94. Amend section 9.505–2 by—
a. Removing from paragraph (a)(1)
‘‘This rule’’ and adding ‘‘The restriction
in this paragraph (a)(1)’’ in its place;
■ b. Removing from paragraph (b)(2)
‘‘unless excepted in subparagraph (1)
above’’ and adding ‘‘unless excepted in
paragraph (b)(1) of this section’’ in its
place; and
■ c. Removing from paragraph (b)(3)
‘‘9.505–2(a)(3)’’ and adding ‘‘paragraph
(a)(3) of this section’’ in its place.
■ 95. Amend section 9.505–4 by
revising paragraph (a) to read as follows:
■
■
9.505–4 Obtaining access to proprietary
information.
(a) When a contractor requires
proprietary information from others to
perform a Government contract and can
use the leverage of the contract to obtain
it, the contractor may gain an unfair
competitive advantage unless
restrictions are imposed. These
restrictions protect the information and
encourage companies to provide it when
necessary for contract performance.
They are not intended to protect
information—
(1) Furnished voluntarily without
limitations on its use; or
(2) Available to the Government or
contractor from other sources without
restriction.
*
*
*
*
*
9.507–1
[Amended]
96. Amend section 9.507–1 by
removing from the introductory text
‘‘contractor’s eligibilty’’ and adding
‘‘contractor’s eligibility’’ in its place.
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■
9.507–2
[Amended]
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9.508
Examples.
*
*
*
*
*
(h) Company A is selected to study
the use of lasers in communications.
The agency intends to ask that firms
doing research in the field make
proprietary information available to
Company A. The contract must require
Company A to—
(1) Enter into agreements with these
firms to protect any proprietary
information they provide; and
(2) Refrain from using the information
in supplying lasers to the Government
or for any purpose other than that for
which it was intended.
*
*
*
*
*
■ 99. Amend section 9.602 by revising
paragraph (a) to read as follows:
9.602
General.
(a) Contractor team arrangements may
be desirable from both a Government
and industry standpoint in order to
enable the companies involved to—
(1) Complement each other’s unique
capabilities; and
(2) Offer the Government the best
combination of performance, cost, and
delivery for the system or product being
acquired.
*
*
*
*
*
PART 11—DESCRIBING AGENCY
NEEDS
11.102
[Amended]
100. Amend section 11.102 by
removing ‘‘11.201(d)(3)’’ and adding
‘‘(3)’’ in its place and removing
‘‘Government Printing Office (GPO)’’
and adding ‘‘Government Publishing
Office (GPO)’’ in its place.
■
11.201
[Amended]
101. Amend section 11.201 by adding
at the end of paragraph (c) introductory
text a dash and removing from
paragraph (d)(4) ‘‘Government Printing
Office’’ and adding ‘‘Government
Publishing Office’’ in its place.
■ 102. Amend section 11.604 by
revising the section heading to read as
follows:
■
11.604 Solicitation provision and contract
clause.
97. Amend section 9.507–2 by
removing from the introductory text
‘‘(see 9.508–1(d) of this subsection)’’
and adding ‘‘(see 9.506(d))’’ in its place.
■ 98. Amend section 9.508 by—
■
a. Removing from the introductory
text ‘‘following’’ and adding ‘‘of this
section’’ in its place; and
■ b. Revising paragraph (h).
The revision reads as follows:
■
*
*
*
*
*
PART 16—TYPES OF CONTRACTS
16.505
■
[Amended]
103. Amend section 16.505 by—
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a. Adding at the end of paragraph (a)
heading a period;
■ b. Removing from paragraphs (a)(3)
and (a)(9)(i) ‘‘Subpart’’ and adding
‘‘subpart’’ in its place;
■ c. Adding at the end of paragraph
(b)(1)(v)(A)(5)(i) ‘‘or’’;
■ d. Removing from paragraph (b)(2)(ii)
introductory text ‘‘paragraphs’’ and
adding ‘‘paragraph’’ in its place;
■ e. Removing from paragraph
(b)(2)(ii)(B)(10) ‘‘(b)(2)(i)(A)’’ and adding
‘‘paragraphs (b)(2)(i)(A)’’ in its place;
■ f. Removing from paragraph
(b)(2)(ii)(C)(4) ‘‘Acquisition,
Technology, and Logistics’’ and adding
‘‘Acquisition and Sustainment’’ in its
place;
■ g. Removing from paragraph
(b)(2)(ii)(D)(1)(ii) ‘‘(b)(2)(ii)(B)’’ and
adding ‘‘paragraph (b)(2)(ii)(B)’’ in its
place;
■ h. Removing from paragraph
(b)(2)(ii)(D)(3) ‘‘subsection’’ and adding
‘‘section’’ in its place;
■ i. Removing from paragraph
(b)(2)(ii)(D)(4) ‘‘paragraphs (1) and (3)’’
and adding ‘‘paragraphs (b)(2)(ii)(D)(1)
and (3) of this section’’ in its place;
■ j. Adding at the end of paragraph
(b)(2)(ii)(D)(5)(ii) ‘‘of this section’’;
■ k. Removing from paragraph (b)(7)(ii)
‘‘(b)(2)’’ and adding ‘‘(b)(2) of this
section’’ in its place; and
■ l. Removing from paragraph (c)(1)
introductory text ‘‘(c)(3)’’ and adding
‘‘(3) of this section’’ in its place.
■
PART 17—SPECIAL CONTRACTING
METHODS
104. Amend section 17.703 by—
a. Revising paragraph (c); and
■ b. Removing from paragraph (e)
‘‘’’Waiver’’’’ and ‘‘Acquisition,
Technology, and Logistics’’ and adding
‘‘Waiver’’ and ‘‘Acquisition and
Sustainment’’ in their places,
respectively.
The revision reads as follows:
■
■
17.703
Policy.
*
*
*
*
*
(c) Within 30 days of the beginning of
each fiscal year, submit nondefense
agency certifications of compliance to
the Principal Director, Defense Pricing
and Contracting at: Department of
Defense, Office of the Under Secretary
of Defense (Acquisition and
Sustainment), Defense Pricing and
Contracting, Contract Policy, Room
3B938, 3060 Defense Pentagon,
Washington DC 20301–3060.
*
*
*
*
*
E:\FR\FM\06MYR2.SGM
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Federal Register / Vol. 84, No. 87 / Monday, May 6, 2019 / Rules and Regulations
PART 30—COST ACCOUNTING
STANDARDS ADMINISTRATION
and adding ‘‘Government Publishing
Office’’ in their places, respectively;
■ c. Removing from paragraph (a)(2)(iii)
‘‘(a)(2) (i) and (ii) of this paragraph’’ and
‘‘Government Printing Office’’ and
adding ‘‘paragraphs (a)(2)(i) and (ii) of
this section’’ and ‘‘Government
Publishing Office’’ in their places,
respectively;
■ d. Removing from paragraph (a)(3)
introductory text ‘‘(a)(2) (i), (ii), or (iii)
or this section’’ and adding ‘‘paragraph
(a)(2)(i), (ii), or (iii) of this section’’ in
its place;
■ e. Removing from paragraph (a)(3)(i)
‘‘(a)(2) (i)’’ and adding ‘‘paragraph
(a)(2)(i)’’ in its place;
■ f. Removing from paragraph (a)(3)(iv)
‘‘subsection’’ and ‘‘(a)(3)(ii)’’ and adding
‘‘section’’ and ‘‘(a)(3)(ii) of this section’’
in their place, wherever they appear;
■ g. Removing from paragraph (a)(4)
‘‘Subparagraphs (a)(2) and (a)(3) of this
subsection’’ and ‘‘subdivisions (a)(2)(i),
(ii), and (iii) of this subsection’’ and
adding ‘‘Paragraphs (a)(2) and (3) of this
section’’ and ‘‘paragraphs (a)(2)(i), (ii),
and (iii) of this section’’ in their place,
respectively;
■ h. Removing from paragraph (a)(5)
‘‘(a)(3)’’ and adding ‘‘(3)’’ in its place;
■ i. Removing from paragraph (c)(1)
‘‘subparagraph’’ and adding ‘‘paragraph
(c)’’ in its place; and
■ j. Removing from paragraph (c)(2)
introductory text ‘‘subsection’’ and
adding ‘‘section’’ in its place, wherever
it appears.
30.102
PART 45—GOVERNMENT PROPERTY
PART 19—SMALL BUSINESS
PROGRAMS
19.702
[Amended]
105. Amend section 19.702 by—
a. Removing from paragraph (b)
introductory text ‘‘subparagraphs (a)(1)
and (2) above’’ and adding ‘‘paragraphs
(a)(1) and (2) of this section’’ in its
place; and
■ b. Removing from paragraph (c) ‘‘15
U.S.C. 637(d)(8)’’ and adding ‘‘15 U.S.C.
637(d)(9)’’ in its place; and
■ c. Removing from paragraph (d) ‘‘15.
U.S.C. 637(d)(11)’’ and adding ‘‘15
U.S.C. 637(d)(12)’’ in its place.
■
■
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
22.1008–1
[Amended]
106. Amend section 22.1008–1 by
removing from paragraph (e)(1)
‘‘Government Printing Office’’ and
adding ‘‘Government Publishing Office’’
in its place.
■
PART 26—OTHER SOCIOECONOMIC
PROGRAMS
26.205
[Amended]
107. Amend section 26.205 by
removing from paragraph (b) ‘‘required
to in SAM’’ and adding ‘‘required to
register in SAM’’ in its place.
■
[Amended]
108. Amend section 30.102 by
removing ‘‘Government Printing Office’’
and adding ‘‘Government Publishing
Office’’ in its place.
■
PART 31—CONTRACT COST
PRINCIPLES AND PROCEDURES
109. Amend section 31.101 by
revising the last sentence to read as
follows:
■
31.101
Objectives.
* * * Class deviations for the
Department of Defense require advance
approval of the Principal Director,
Defense Pricing and Contracting, Office
of the Under Secretary of Defense for
Acquisition and Sustainment.
jbell on DSK3GLQ082PROD with RULES2
31.205–46
[Amended]
110. Amend section 31.205–46 by—
a. Removing from paragraph (a)(2)
introductory text ‘‘(a)(2) (i) through (iii)
of this paragraph’’ and adding
‘‘paragraphs (a)(2)(i) through (iii) of this
section’’ in its place;
■ b. Removing from paragraphs (a)(2)(i)
and (ii) ‘‘Government Printing Office’’
■
■
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45.602–3
[Amended]
111. Amend section 45.602–3 by—
a. Removing ‘‘subsection’’ and adding
‘‘section’’ in its place, wherever it
appears; and
■ b. Removing from paragraph (b)(3)
‘‘Government Printing Office’’ and
adding ‘‘Government Publishing Office’’
in its place.
■
■
PART 50—EXTRAORDINARY
CONTRACTUAL ACTIONS AND THE
SAFETY ACT
50.101–1
[Amended]
112. Amend section 50.101–1 by
removing from paragraph (b)
‘‘Government Printing Office’’ and
adding ‘‘Government Publishing Office’’
in its place.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
113. Amend section 52.212–5 by
revising the date of the clause and
removing from paragraph (b)(59) ‘‘(15
U.S.C. 637(d)(12))’’ and adding ‘‘(15
■
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Frm 00015
Fmt 4701
Sfmt 4700
19847
U.S.C. 637(d)(13))’’ in its place to read
as follows:
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
Contract Terms and Conditions Required To
Implement Statutes or Executive Orders—
Commercial Items (May 2019)
*
*
*
*
*
PART 53—FORMS
114. Revise section 53.107 to read as
follows:
■
53.107
Obtaining forms.
Executive agencies shall obtain
standard and optional forms from the
General Services Administration (GSA)
Forms Library at https://www.gsa.gov/
forms. Agency forms are available from
the prescribing agency.
[FR Doc. 2019–06626 Filed 5–3–19; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2019–0001, Sequence
No. 1]
Federal Acquisition Regulation;
Federal Acquisition Circular 2019–02;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
AGENCY:
This document is issued
under the joint authority of DoD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
accordance with section 212 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. It consists of a
summary of the rules appearing in
Federal Acquisition Circular (FAC)
2019–02, which amends the Federal
Acquisition Regulation (FAR). An
asterisk (*) next to a rule indicates that
a regulatory flexibility analysis has been
prepared. Interested parties may obtain
further information regarding these
rules by referring to FAC 2019–02,
which precedes this document. These
documents are also available via the
internet at https://www.regulations.gov.
DATES: May 6, 2019.
SUMMARY:
E:\FR\FM\06MYR2.SGM
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]]>Agencies
[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Rules and Regulations]
[Pages 19839-19847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06626]
[[Page 19839]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 16, 17, 19, 22, 26, 30,
31, 45, 50, 52, and 53
[FAC 2019-02; Item III; Docket No. 2019-0002; Sequence No. 1]
Federal Acquisition Regulation; Technical Amendments
AGENCIES: 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 needed editorial changes.
DATES: Effective: May 6, 2019.
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 2019-02, Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to update certain elements in 48
CFR parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 16, 17, 19, 22, 26, 30, 31,
45, 50, 52 and 53 this document makes editorial changes to the FAR.
List of Subjects in 48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 16,
17, 19, 22, 26, 30, 31, 45, 50, 52, and 53
Government procurement.
Dated: March 19, 2019.
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 1, 2, 3, 4, 5, 6,
7, 8, 9, 11, 16, 17, 19, 22, 26, 30, 31, 45, 50, 52 and 53 as set forth
below:
0
1. The authority citation for 48 CFR parts 1, 2, 3, 4, 5, 6, 7, 8, 9,
11, 16, 17, 19, 22, 26, 30, 31, 45, 50, 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 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
2. Revise section 1.105-3 to read as follows:
1.105-3 Copies.
Copies of the FAR in CFR form may be purchased from the Bookstore
of the Government Publishing Office (GPO), Washington, DC 20402.
0
3. Amend section 1.201-1 by--
0
a. Revising paragraph (b); and
0
b. Removing from paragraph (c) ``the Defense Contract Management
Agency, and the National Aeronautics and Space Administration'' and
adding ``and the Defense Contract Management Agency'' in its place.
The revision reads as follows:
1.201-1 The two councils.
* * * * *
(b) The chairperson of the CAA Council shall be the representative
of the Administrator of General Services. The other members of this
council shall be one each representative from the--
(1) Departments of Agriculture, Commerce, Education, Energy, Health
and Human Services, Homeland Security, Housing and Urban Development,
Interior, Justice, Labor, State, Transportation, and Treasury; and
(2) Environmental Protection Agency, National Aeronautics and Space
Administration, Social Security Administration, Small Business
Administration, and U.S. Agency for International Development.
* * * * *
PART 2--DEFINITIONS OF WORDS AND TERMS
0
4. Amend section 2.101 by--
0
a. Removing from paragraph (b) introductory text ``(48 CFR chapter 1''
and adding ``(48 CFR chapter 1)'' in its place; and
0
b. In paragraph (b)(2):
0
i. Revising the defined term ``Computer software'';
0
ii. In the defined term ``F.o.b.'', removing ``* * *'' and adding ``.
. .'' in its place;
0
iii. In the defined term ``May'', removing ``* * *'' and adding ``. .
.'' in its place;
0
iv. In the defined term ``Signature or signed'', removing ``an
individual which, when'' and adding ``an individual that, when'' in its
place;
0
v. In the defined term ``Technical data'', removing ``(See 41 U.S.C.
116))'' and adding ``(see 41 U.S.C. 116)'' in its place;
0
vi. In the defined term ``United States'', removing ``Subpart'' and
``Part'' and adding ``subpart'' and ``part'' in their places, wherever
they appear; and
0
vii. Revising paragraph (1) of the defined term ``Value engineering
change proposal (VECP)''.
The revision reads as follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Computer software--(1) Means--
(i) Computer programs that comprise a series of instructions,
rules, routines, or statements, regardless of the media in which
recorded, that allow or cause a computer to perform a specific
operation or series of operations; and
(ii) Recorded information comprising source code listings, design
details, algorithms, processes, flow charts, formulas, and related
material that would enable the computer program to be produced,
created, or compiled.
(2) Does not include computer databases or computer software
documentation.
Value engineering change proposal (VECP)--(1) Means a proposal
that--
(i) Requires a change to the instant contract to implement; and
(ii) Results in reducing the overall projected cost to the agency
without impairing essential functions or characteristics, provided,
that it does not involve a change--
(A) In deliverable end item quantities only;
(B) In research and development (R&D) items or R&D test quantities
that are due solely to results of previous testing under the instant
contract; or
(C) To the contract type only.
* * * * *
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
3.103-2 [Amended]
0
5. Amend section 3.103-2 by--
0
a. Removing from paragraph (a)(1) introductory text ``subparagraph
(a)(2)'' and adding ``paragraph (a)(2)'' in its place;
0
b. Removing from paragraph (a)(2) introductory text ``subparagraph
(b)(2)'' and adding ``paragraph (b)(2)'' in its place;
0
c. Removing from paragraph (b)(1) ``modified subparagraph (a)(1) or
(a)(3)'' and adding ``modified paragraph (a)(1) or (3)'' in its place;
0
d. Removing from paragraph (b)(2) ``modified subparagraph (a)(2)'' and
adding ``modified paragraph (a)(2)'' in its place;
0
e. Removing from paragraph (b)(3) ``under subparagraph (1) or (2)
above'' and adding ``under paragraph (b)(1) or (2) of this section'' in
its place; and
0
f. Removing from paragraph (b)(4) ``under subparagraph (2) above'' and
adding ``under paragraph (2) of this section'' in its place.
[[Page 19840]]
3.104-3 [Amended]
0
6. Amend section 3.104-3 by removing from paragraph (a) heading
``information 41 U.S.C. 2102)'' and adding ``information (41 U.S.C.
2102)'' in its place.
0
7. Amend section 3.301 by revising paragraph (b) to read as follows:
3.301 General.
* * * * *
(b) Contracting personnel are an important potential source of
investigative leads for antitrust enforcement and should therefore be
sensitive to indications of unlawful behavior by offerors and
contractors. Agency personnel shall report, in accordance with agency
regulations, evidence of suspected antitrust violations in acquisitions
for possible referral to--
(1) The Attorney General under 3.303; and
(2) The agency office responsible for contractor debarment and
suspension under subpart 9.4.
3.303 [Amended]
0
8. Amend section 3.303 by removing from paragraph (b), in the third
sentence, ``Paragraph (c) below'' and adding ``Paragraph (c) of this
section'' in its place.
3.405 [Amended]
0
9. Amend section 3.405 by removing from paragraph (b) introductory
text ``paragraph (a) above'' and adding ``paragraph (a) of this
section'' in its place.
0
10. Amend section 3.501-2 by revising paragraph (a) and removing from
paragraph (c) ``under ``Formats for Submission of Line Item
Summaries)'' and adding ``under ``Formats for Submission of Line Item
Summaries'')'' in its place.
The revision reads as follows:
3.501-2 General.
(a) Buying-in may decrease competition or result in poor contract
performance. The contracting officer must take appropriate action to
ensure buying-in losses are not recovered by the contractor through the
pricing of--
(1) Change orders; or
(2) Follow-on contracts subject to cost analysis.
* * * * *
0
11. Amend section 3.502-1 by removing from the defined term
``Subcontract'' ``service'' and adding ``services'' in its place and
revising the definition of ``Subcontractor'' to read as follows:
3.502-1 Definitions.
* * * * *
Subcontractor--(1) Means any person, other than the prime
contractor, who offers to furnish or furnishes any supplies, materials,
equipment, or services of any kind under a prime contract or a
subcontract entered into in connection with such prime contract; and
(2) Includes any person who offers to furnish or furnishes general
supplies to the prime contractor or a higher tier subcontractor.
* * * * *
0
12. Amend section 3.502-2 by--
0
a. Removing from paragraph (b) ``subsection'' and adding ``section'' in
its place;
0
b. Revising paragraph (d)(2);
0
c. Removing from paragraph (d)(3) ``subsection'' and adding ``section''
in its place; and
0
d. Removing from paragraphs (e) and (f) ``under subparagraph (d)(2) of
this subsection'' and adding ``under paragraph (d)(2) of this section''
in its place.
The revision reads as follows:
3.502-2 Subcontractor kickbacks.
* * * * *
(d) * * *
(2) The contracting officer may direct a prime contractor to
withhold from any sums owed to a subcontractor under a subcontract of
the prime contract the amount of any kickback which was or may be
offset against the prime contractor under paragraph (d)(1) of this
section; and
* * * * *
Subpart 3.8--[Amended]
0
13. Amend the heading for subpart 3.8 by removing ``To'' and adding
``to'' in its place.
3.901 [Amended]
0
14. Amend section 3.901 by removing from the defined term ``Inspector
General'', ``DOD Inspector General'' and adding ``DoD Inspector
General'' in its place.
0
15. Revise the heading of section 3.907-7 to read as follows:
3.907-7 Contract clause.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
0
16. Remove subpart heading ``Subpart 4.1--Contract Execution'' and add
a subpart heading before section 4.101 to read as follow:
Subpart 4.1--Contract Execution
4.102 [Amended]
0
17. Amend section 4.102 by removing from paragraph (d) ``paragraphs (a)
through (c) above'' and adding ``paragraphs (a) through (c) of this
section'' in its place and removing from paragraph (e) ``paragraphs (a)
through (d) above'' and adding ``paragraphs (a) through (d) of this
section'' in its place.
0
18. Amend section 4.201 by revising paragraph (e) to read as follows:
4.201 Procedures.
* * * * *
(e) Provide one copy of each contract or modification that requires
audit service to the appropriate field audit office listed in the
``Directory of Federal Contract Audit Offices'' (see 42.103); and
* * * * *
4.202 [Amended]
0
19. Amend section 4.202 by removing ``prescribed in 4.201 above'' and
adding ``prescribed in 4.201'' in its place.
4.402 [Amended]
0
20. Amend section 4.402 by--
0
a. Removing from paragraph (b) introductory text ``requirements of
these Executive Orders'' and ``DOD'' and adding ``requirements of these
Executive orders'' and ``DoD'' in their places, respectively; and
0
b. Removing from paragraphs (b)(1) and (2) ``DOD'' and adding ``DoD''
in their places, respectively.
0
21. Amend section 4.403 by revising paragraph (b)(2) to read as
follows:
4.403 Responsibilities of contracting officers.
* * * * *
(b) * * *
(2) Include--
(i) An appropriate Security Requirements clause in the solicitation
(see 4.404); and
(ii) As appropriate, in solicitations and contracts when the
contract may require access to classified information, a requirement
for security safeguards in addition to those provided in the clause
(52.204-2, Security Requirements).
* * * * *
4.404 [Amended]
0
22. Amend section 4.404 by removing from paragraph (a) ``paragraph (d)
below'' and adding ``paragraphs (d) of this section'' in its place.
4.604 [Amended]
0
23. Amend section 4.604 by removing from paragraph (b)(3) ``FAR subpart
[[Page 19841]]
18.2'' and adding ``subpart 18.2'' in its place.
4.607 [Amended]
0
24. Amend section 4.607 by removing from paragraph (b) ``Unique Entity
Identifier Number'' and adding ``Unique Entity Identifier'' in its
place.
0
25. Amend section 4.703 by revising paragraph (a) and removing from
paragraph (b)(3) ``specified in subparagraph'' and adding ``specified
in paragraph'' in its place to read as follows:
4.703 Policy.
(a) Except as stated in 4.703(b), contractors shall make available
records, which includes books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of whether
such items are in written form, in the form of computer data, or in any
other form, and other supporting evidence to satisfy contract
negotiation, administration, and audit requirements of the contracting
agencies and the Comptroller General for--
(1) 3 years after final payment; or
(2) For certain records, the period specified in 4.705 through
4.705-3, whichever of these periods expires first.
* * * * *
0
26. Amend section 4.801 by revising paragraph (c)(3) to read as
follows:
4.801 General.
* * * * *
(c) * * *
(3) A file such as a contractor general file, containing documents
relating, for example, to--
(i) No specific contract;
(ii) More than one contract; or
(iii) The contractor in a general way (e.g., contractor's
management systems, past performance, or capabilities).
0
27. Amend section 4.803 by--
0
a. Removing from paragraph (a)(10)(iii) ``proposals;'' and adding
``proposals; and'' in its place; and
0
b. Revising paragraph (a)(26).
The revision reads as follows:
4.803 Contents of contract files.
* * * * *
(a) * * *
(26) The original of--
(i) The signed contract or award;
(ii) All contract modifications; and
(iii) Documents supporting modifications executed by the
contracting office.
* * * * *
0
28. Amend section 4.804-1 by removing from paragraph (a) introductory
text ``paragraph (c) below'' and adding ``paragraph (c) of this
section'' in its place and revising paragraph (c) to read as follows:
4.804-1 [Amended]
* * * * *
(c) A contract file shall not be closed if--
(1) The contract is in litigation or under appeal; or
(2) In the case of a termination, all termination actions have not
been completed.
4.804-4 [Amended]
0
29. Amend section 4.804-4 by removing from paragraph (a) introductory
text ``paragraph (b) below'' and adding ``paragraph (b) of this
section'' in its place.
4.804-5 [Amended]
0
30. Amend section 4.804-5 by removing from paragraph (b) introductory
text ``paragraph (a) above'' and adding ``paragraph (a) of this
section'' in its place.
4.805 [Amended]
0
31. Amend section 4.805 by removing from paragraph (a) ``Part 4'' and
adding in its place ``this part'' and in Table 4-1, under the Record
column, by adding a period to the end of paragraphs (c)(1) through (8).
4.1005-2 [Amended]
0
32. Amend section 4.1005-2 by removing from paragraph (a)(1)
``issuance: Accounting classification'' and adding ``issuance:
accounting classification'' in its place.
4.1200 [Amended]
0
33. Amend section 4.1200 by removing from paragraph (b) ``Government;''
and adding ``Government; and'' in its place.
Subpart 4.15--[Reserved]
0
34. Add reserved subpart 4.15.
4.1801 [Amended]
0
35. Amend section 4.1801 by removing from the defined term ``Immediate
owner'' ``the following: Ownership'' and adding ``the following:
ownership'' in its place.
PART 5--PUBLICIZING CONTRACT ACTIONS
5.207 [Amended]
0
36. Amend section 5.207 by removing from paragraph (a)(4) ``Zip Code''
and adding ``ZIP Code'' in its place.
0
37. Amend section 5.404-1 by revising paragraph (b)(3) to read as
follows:
5.404-1 Release procedures.
* * * * *
(b) * * *
(3) Each release states that--
(i) The estimate is based on the best information available;
(ii) The information is subject to modification and is in no way
binding on the Government; and
(iii) More specific information relating to any individual item or
class of items will not be furnished until the proposed action is
synopsized through the GPE or the solicitation is issued;
* * * * *
0
38. Amend section 5.501 by revising the defined term ``Publication'' to
read as follows:
5.501 Definitions.
* * * * *
Publication means--
(1) The placement of an advertisement in a newspaper, magazine,
trade or professional journal, or any other printed medium; or
(2) The broadcasting of an advertisement over radio or television.
0
39. Amend section 5.504 by revising paragraph (c) to read as follows:
5.504 Use of advertising agencies.
* * * * *
(c) Use of noncommission-paying media. Some media do not grant
advertising agencies a commission or discount, meaning the Government
can obtain the same rate as the advertising agency. If the advertising
agency agrees to place advertisements in noncommission-paying media as
a no-cost service, the basic ordering agreement shall so provide. If
the advertising agency will not agree to place advertisements at no
cost, the agreement shall--
(1) Provide that the Government may place orders directly with the
media; or
(2) Specify an amount that the Government will pay if the agency
places the orders.
* * * * *
5.601 [Amended]
0
40. Amend section 5.601 by removing from paragraphs (b)(1) and (2)
``that website'' and adding ``that website'' in their places,
respectively.
0
41. Amend section 5.705 by--
0
a. In paragraph (b)(1), adding a period after ``fixed-price'' and
removing ``Required'' and adding ``required'' in its place;
0
b. In paragraphs (b)(2) and (3), adding a period after ``Required'';
0
c. In paragraph (b)(4), adding a period after ``IDIQ contract'' and
removing ``(2) or (3)'' and adding ``paragraph (b)(2) or (3) of this
section'' in its place;
[[Page 19842]]
0
d. In paragraph (b)(5), adding a period after ``IDIQ contract'' and
removing ``(e.g.)'' and adding ``(e.g.)'' in its place;
0
e. In paragraph (b)(6), adding a period after ``issued'' and removing
``(2) or (3) above'' and ``(4) or (5) above'' and adding ``paragraph
(b)(2) or (3) of this section'' and ``paragraph (b)(4) or (5) of this
section'' in their places, respectively; and
0
f. In paragraph (b)(7):
0
i. Removing ``e.g.'' and adding ``e.g.'' in its place, wherever it
appears;
0
ii. Adding a period after ``program)''; and
0
iii. Removing ``non-competitive'' and adding ``noncompetitive'' in its
place.
PART 6--COMPETITION REQUIREMENTS
6.001 [Amended]
0
42. Amend section 6.001 by removing from paragraph (a) ``source
acquisition of commercial'' and adding ``source acquisitions of
commercial'' in its place.
0
43. Amend section 6.102 by revising paragraph (b) and removing from
paragraph (d)(2)(ii) ``peer of scientific'' and adding ``peer or
scientific'' in its place to read as follows:
6.102 Use of competitive procedures.
* * * * *
(b) Competitive proposals. (See 6.401(b).) If sealed bids are not
appropriate under paragraph (a) of this section, contracting officers
shall request competitive proposals or use the other competitive
procedures under paragraph (c) or (d) of this section.
* * * * *
6.202 [Amended]
0
44. Amend section 6.202 by removing from paragraph (b)(1) ``authority
of paragraph (a) above'' and adding ``authority of paragraph (a) of
this section'' in its place and removing from paragraph (b)(3) ``the
authority in (a)(1) above'' and adding ``the authority in paragraph
(a)(1) of this section'' in its place.
0
45. Amend section 6.301 by--
0
a. Removing from paragraph (a), in the second sentence, ``National
Aeronautics and Space Administration are subject to 41 U.S.C. 3304''
and adding ``National Aeronautics and Space Administration are subject
to 10 U.S.C. 2304(c)'' in its place; and
0
b. Revising paragraph (c).
The revision reads as follows:
6.301 Policy.
* * * * *
(c) Contracting without providing for full and open competition
shall not be justified on the basis of--
(1) A lack of advance planning by the requiring activity; or
(2) Concerns related to the amount of funds available (e.g., funds
will expire) to the agency or activity for the acquisition of supplies
or services.
* * * * *
0
46. Amend section 6.302-1 by--
0
a. Revising paragraphs (a)(2)(ii) and (iii);
0
b. Removing from paragraph (b) introductory text ``consitute'' and
adding ``constitute'' in its place; and
0
c. Revising paragraph (b)(1).
The revisions read as follows:
6.302-1 Only one responsible source and no other supplies or services
will satisfy agency requirements.
(a) * * *
(2) * * *
(ii) Supplies may be deemed to be available only from the original
source in the case of a follow-on contract for the continued
development or production of a major system or highly specialized
equipment, including major components thereof, when it is likely that
award to any other source would result in--
(A) Substantial duplication of cost to the Government that is not
expected to be recovered through competition; or
(B) Unacceptable delays in fulfilling the agency's requirements.
(See 10 U.S.C. 2304(d)(1)(B) or 41 U.S.C. 3304(b)(2).)
(iii) For DoD, NASA, and the Coast Guard, services may be deemed to
be available only from the original source in the case of follow-on
contracts for the continued provision of highly specialized services
when it is likely that award to any other source would result in--
(A) Substantial duplication of cost to the Government that is not
expected to be recovered through competition; or
(B) Unacceptable delays in fulfilling the agency's requirements.
(See 10 U.S.C. 2304(d)(1)(B).)
(b) * * *
(1) When there is a reasonable basis to conclude that the agency's
minimum needs can only be satisfied by--
(i) Unique supplies or services available from only one source or
only one supplier with unique capabilities; or
(ii) For DoD, NASA, and the Coast Guard, unique supplies or
services available from only one or a limited number of sources or from
only one or a limited number of suppliers with unique capabilities.
* * * * *
0
47. Amend section 6.302-2 by--
0
a. Revising paragraph (b);
0
b. Removing from paragraphs (d)(2)(i) and (ii) ``(d)(1)(ii)'' and
adding ``paragraph (d)(1)(ii)'' in its place; and
0
c. Removing from paragraph (d)(3) ``(d)(1) and (d)(2)'' and adding
``(d)(1) and (2)'' in its place.
The revision reads as follows:
6.302-2 Unusual and compelling urgency.
* * * * *
(b) Application. This authority applies in those situations where--
(1) An unusual and compelling urgency precludes full and open
competition; and
(2) Delay in award of a contract would result in serious injury,
financial or other, to the Government.
* * * * *
6.302-3 [Amended]
0
48. Amend section 6.302-3 by--
0
a. Removing from paragraph (a)(2) introductory text ``competition need
not to be'' and adding ``competition need not be'' in its place; and
0
b. Removing from the ends of paragraphs (a)(2)(i) and (ii) the comma
and adding a semicolon in its place;
0
c. Removing from paragraph (b)(1) introductory text ``(a)(2)(i) above''
and adding ``(a)(2)(i) of this section'' in its place;
0
d. Removing from paragraph (b)(2) introductory text ``(a)(2)(ii)
above'' and adding ``(a)(2)(ii) of this section'' in its place; and
0
e. Removing from paragraph (b)(2)(iii) ``paragraphs (b)(2)(i) or (ii)
above'' and adding ``paragraph (b)(2)(i) or (ii) of this section'' in
its place.
0
49. Amend section 6.302-5 by--
0
a. Revising paragraph (a)(2);
0
b. Removing from the ends of paragraphs (b)(1) and (3) the semicolon
and adding a period in its place;
0
c. Removing from paragraph (c)(2)(i) ``(a)(2)(ii) or (b)(2) of this
subsection'' and adding ``paragraph (a)(2)(ii) or (b)(2) of this
section'';
0
d. Removing from paragraph (c)(2)(ii) ``(a)(2)(i) of this subsection''
and adding ``paragraph (a)(2)(i) of this section'';
0
e. Removing from paragraph (c)(2)(iii) ``(b)(4) of this subsection''
and adding ``paragraph (b)(4) of this section'' in its place; and
0
f. Removing from paragraph (c)(3) ``(a)(2)(ii) of this subsection'' and
adding ``paragraph (a)(2)(ii) of this section'' in its place.
The revision reads as follows:
6.302-5 Authorized or required by statute.
(a) * * *
(2) Full and open competition need not be provided for when--
(i) A statute expressly authorizes or requires that the acquisition
be made
[[Page 19843]]
through another agency or from a specified source; or
(ii) The agency's need is for a brand name commercial item for
authorized resale.
* * * * *
6.303-1 [Amended]
0
50. Amend section 6.303-1 by removing from paragraph (d) ``required by
paragraph (a) above'' and adding ``required by paragraph (a) of this
section'' in its place.
6.303-2 [Amended]
0
51. Amend section 6.303-2 by removing from paragraph (d)(3) ``agency
concerned.67'' and adding ``agency concerned.'' in its place.
6.304 [Amended]
0
52. Amend section 6.304 by removing from paragraph (a)(2) ``(a)(3) or
(a)(4)'' and adding ``(a)(3) or (4)'' in its place and removing from
paragraph (a)(4) ``Acquisition, Technology, and Logistics'' and adding
``Acquisition and Sustainment'' in its place.
6.401 [Amended]
0
53. Amend section 6.401 by--
0
a. Removing from the introductory text ``Parts'' and adding ``parts''
in its place and removing ``Subparts'' and ``Subpart'' and adding
``subparts'' and ``subpart'' in their places, respectively; and
0
b. Removing from paragraph (b)(1) ``under paragraph (a) above'' and
adding ``under paragraph (a) of this section'' in its place.
6.501 [Amended]
0
54. Amend section 6.501 by removing from paragraph (b) ``inconsistent
with 6.502 below'' and adding ``inconsistent with 6.502'' in its place.
PART 7--ACQUISITION PLANNING
7.102 [Amended]
0
55. Amend section 7.102 by removing from paragraph (a)(1) ``41 U.S.C.
3307;'' and adding ``41 U.S.C. 3307);'' in its place and removing from
paragraph (a)(2) ``Part'' and adding ``part'' in its place.
7.103 [Amended]
0
56. Amend section 7.103 by--
0
a. Removing from the introductory paragraph ``procedures for--'' and
adding ``procedures for the following:'' in its place;
0
b. Removing from paragraph (a) ``acquired (41 U.S.C. 3306(a)(1))'' and
adding ``acquired (10 U.S.C. 2305(a)(1)(A) and 41 U.S.C. 3306(a)(1))''
in its place;
0
c. Removing from the end of paragraph (b) ``; and'' and adding a period
in its place;
0
d. Removing from the end of paragraphs (h), (i), and (k) the semicolon
and adding a period in its place; and
0
e. Removing from the end of paragraph (l) ``; and'' and adding a period
in its place.
0
57. Amend section 7.105 by--
0
a. Removing from the introductory text ``(see paragraph (b)(21)
below)'' and ``paragraphs (a) and (b) below'' and adding ``(see
paragraph (b)(21) of this section)'' and ``paragraphs (a) and (b) of
this section'' in their places, respectively;
0
b. Revising paragraph (a)(2);
0
c. Removing from paragraphs (b)(4) introductory text, (b)(10),
(b)(14)(i), and (b)(20)(v) ``Subpart'' and adding ``subpart'' in their
places, respectively; and
0
d. Removing from paragraph (b)(21) in the list ``Evaluations of
proposals,'' and adding ``Evaluation of proposals,'' in its place.
The revision reads as follows:
7.105 Contents of written acquisition plans.
* * * * *
(a) * * *
(2) Applicable conditions. State all significant conditions
affecting the acquisition, such as--
(i) Requirements for compatibility with existing or future systems
or programs; and
(ii) Any known cost, schedule, and capability or performance
constraints.
* * * * *
7.106 [Amended]
0
58. Amend section 7.106 by removing from paragraph (c) ``paragraphs (a)
and (b) above'' wherever it appears and adding ``paragraphs (a) and (b)
of this section'' in its place.
7.107-5 [Amended]
0
59. Amend section 7.107-5 by removing from paragraph (b)(1) ``publish
on its website'' and adding ``publish on its website'' in its place and
removing from paragraph (d) ``on their agency website'' and adding ``on
their agency website'' in its place.
0
60. Revise section 7.202 to read as follows:
7.202 Policy.
(a) Agencies are required by 10 U.S.C. 2384a and 41 U.S.C. 3310 to
procure supplies in such quantity as--
(1) Will result in the total cost and unit cost most advantageous
to the Government, where practicable; and
(2) Does not exceed the quantity reasonably expected to be required
by the agency.
(b) Each solicitation for a contract for supplies is required, if
practicable, to include a provision inviting each offeror responding to
the solicitation--
(1) To state an opinion on whether the quantity of the supplies
proposed to be acquired is economically advantageous to the Government;
and
(2) If applicable, to recommend a quantity or quantities which
would be more economically advantageous to the Government. Each such
recommendation is required to include a quotation of the total price
and the unit price for supplies procured in each recommended quantity.
0
61. Revise section 7.203 to read as follows:
7.203 Solicitation provision.
Contracting officers shall insert the provision at 52.207-4,
Economic Purchase Quantity--Supplies, in solicitations for supplies.
The provision need not be inserted if the solicitation is for a
contract under the General Services Administration's multiple award
schedule contract program, or if the contracting officer determines
that--
(a) The Government already has the data;
(b) The data is otherwise readily available; or
(c) It is impracticable for the Government to vary its future
requirements.
0
62. Amend section 7.503 by--
0
a. Removing from paragraph (c)(14) ``conduct of Administrative'' and
adding ``conduct of administrative'' in its place;
0
b. Revising paragraph (c)(17) introductory text; and
0
c. Removing from paragraph (d)(3) ``relate to analysis'' and adding
``relate to analyses'' in its place.
The revision reads as follows:
7.503 Policy.
* * * * *
(c) * * *
(17) The collection, control, and disbursement of fees, royalties,
duties, fines, taxes, and other public funds, unless authorized by
statute, such as 31 U.S.C. 3718 (relating to private collection
contractors and private attorney collection services), but not
including--
* * * * *
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.005 [Amended]
0
63. Amend section 8.005 by removing ``Purchase from'' and ``must'' and
[[Page 19844]]
adding ``Purchase From'' and ``shall'' in their places, respectively.
8.402 [Amended]
0
64. Amend section 8.402 by--
0
a. Removing from paragraph (c)(1) ``Subpart'' and adding ``subpart'' in
its place;
0
b. Removing from paragraph (e) ``the following website'' wherever it
appears and adding ``the following website'' in its place; and
0
c. Removing from paragraph (f)(1) ``Part'' and ``Parts'' and adding
``part'' and ``parts'' in their places, respectively.
8.405-6 [Amended]
0
65. Amend section 8.405-6 by--
0
a. Removing from the introductory text ``paragraphs'' and adding
``paragraph'' in its place;
0
b. Removing from paragraph (b)(3)(i)(C) ``(b)(2)(i)'' and
``subsection'' and adding ``(b)(2)(i) of this section'' and ``section''
in their places, respectively;
0
c. Removing from paragraph (b)(4) ``subsection'' and adding ``section''
in its place;
0
d. Removing from paragraph (d)(2) ``(d)(3) or (d)(4)'' and adding
``(d)(3) or (4)'' in its place;
0
e. Adding at the end of paragraph (d)(3)(ii)(A) ``or''; and
0
f. Removing from paragraph (d)(4) ``Acquisition, Technology, and
Logistics'' and adding ``Acquisition and Sustainment'' in its place.
8.701 [Amended]
0
66. Amend section 8.701 by removing from the defined term ``Committee''
``Purchase from'' and adding ``Purchase From'' in its place and
removing from the defined term ``Ordering office'', ``under the JWOD
Program'' and adding ``under the AbilityOne Program'' in its place.
0
67. Amend section 8.703 by revising the heading to read as follows:
8.703 Procurement List.
* * * * *
8.705-2 [Amended]
0
68. Amend section 8.705-2 by removing from the first sentence of the
paragraph ``directly to a AbilityOne'' and adding ``directly to an
AbilityOne'' in its place.
8.714 [Amended]
0
69. Amend section 8.714 by removing from paragraph (b) ``addressed to
the'' and adding ``addressed to:'' in its place.
8.802 [Amended]
0
70. Amend section 8.802 by removing from paragraph (a) introductory
text ``Government Printing Office (GPO)'' and adding ``Government
Publishing Office (GPO)'' in its place.
0
71. Amend section 8.1101 by revising the defined term ``Motor vehicle''
to read as follows:
8.1101 Definitions.
* * * * *
Motor vehicle means an item of equipment, mounted on wheels and
designed for highway and/or land use, that--
(1) Derives power from a self-contained power unit; or
(2) Is designed to be towed by and used in conjunction with self-
propelled equipment.
8.1104 [Amended]
0
72. Amend section 8.1104 by removing from paragraph (d) ``(see subpart
B of 41 CFR 102-34)'' and adding ``(see subpart B of 41 CFR part 102-
34)'' in its place.
PART 9--CONTRACTOR QUALIFICATIONS
0
73. Amend section 9.102 by revising paragraph (b) to read as follows:
9.102 Applicability.
* * * * *
(b) This subpart does not apply to proposed contracts with--
(1) Foreign, State, or local governments;
(2) Other U.S. Government agencies or their instrumentalities; or
(3) Agencies for people who are blind or severely disabled (see
subpart 8.7).
9.104-1 [Amended]
0
74. Amend section 9.104-1 by--
0
a. Removing from paragraph (c) ``(see 48 CFR 9.104-3(b) and part 42,
subpart 42.15)'' and adding ``(see 9.104-3(b) and subpart 42.15)'' in
its place; and
0
b. In paragraph (d), removing ``Subpart'' and adding ``subpart'' in its
place and removing the period at the end and adding a semicolon in its
place.
9.104-7 [Amended]
0
75. Amend section 9.104-7 by removing from paragraph (c)(2) ``the
provision 52.209-7'' and adding ``the provision at 52.209-7'' in its
place and removing from paragraph (e) ``the following agencies: The''
and adding ``the following agencies: the'' in its place.
0
76. Amend section 9.105-1 by revising paragraph (b)(1) to read as
follows:
9.105-1 Obtaining information.
* * * * *
(b)(1) Generally, the contracting officer shall obtain information
regarding the responsibility of prospective contractors, including
requesting preaward surveys when necessary (see 9.106), promptly after
a bid opening or receipt of offers. However, in negotiated contracting,
especially when research and development is involved, the contracting
officer may obtain this information before issuing the request for
proposals. Requests for information shall ordinarily be limited to
information concerning--
(i) The low bidder; or
(ii) Those offerors in range for award.
* * * * *
9.107 [Amended]
0
77. Amend section 9.107 by removing from paragraph (d) ``Purchase
from'' and adding ``Purchase From'' in its place.
9.202 [Amended]
0
78. Amend section 9.202 by--
0
a. Removing from paragraph (a)(2)(i) ``qualified;'' and adding
``qualified; and'' in its place;
0
b. Removing from paragraph (a)(3) ``If the services in (a)(2)(ii)
above'' and adding ``If the services in paragraph (a)(2)(ii) of this
section'' in its place;
0
c. Removing from paragraph (b), ``requirements of 9.202(a)(1)(ii)
through (4) above'' and ``9.202(a)(1)'' and adding ``requirements of
paragraphs (a)(1)(ii) through (a)(4) of this section'' and ``paragraph
(a)(1) of this section'' in their place, respectively;
0
d. Removing from paragraphs (c)(1) and (2) ``DOD'' wherever it appears
and adding ``DoD'' in its place;
0
e. Removing from paragraph (e) ``9.202(a)'' and adding ``paragraph (a)
of this section'' in its place; and
0
f. Removing from paragraph (f) ``DOD'', ``9.202(a)'', and ``9.202(b)''
wherever they appear and adding ``DoD'', ``paragraph (a) of this
section'', and ``paragraph (b) of this section'' in their place,
respectively.
9.204 [Amended]
0
79. Amend section 9.204 by removing from paragraph (d) ``(see
9.202(a)(2)(i) above)'' and adding ``(see 9.202(a)(2)(i))'' in its
place.
0
80. Amend section 9.305 by removing the last sentence and adding in its
place ``Costs incurred based on this authorization are allocable to the
contract for--'' and adding paragraphs (a) and (b) to read as follows:
9.305 Risk.
* * * * *
(a) Progress payments; and
[[Page 19845]]
(b) Termination settlements if the contract is terminated for the
convenience of the Government.
9.306 [Amended]
0
81. Amend section 9.306 by--
0
a. Removing from paragraph (a)(3) ``test report.'' and adding ``test
report;'' in its place;
0
b. Removing from paragraph (b)(2) ``for approval.'' and adding ``for
approval;'' in its place;
0
c. Removing from paragraph (c) ``(see 52.209-3(h) and 52.209-4(i);''
and adding ``(see 52.209-3(h) and 52.209-4(i));'' in its place;
0
d. Removing from paragraph (d) ``9.306(c)'' and adding ``paragraph (c)
of this section'' in its place;
0
e. Removing from paragraph (f) ``quantity (see 11.404)'' and adding
``quantity (see 11.403)'' in its place;
0
f. Removing from paragraph (g) ``9.306(c)'' and adding ``paragraph (c)
of this section'' in its place;
0
g. Removing from paragraph (h) ``and''; and
0
h. Removing from paragraph (i) ``(when appropriate).'' and adding
``(when appropriate); and'' in its place.
0
82. Amend section 9.308-1 by revising paragraphs (a)(1) and (b)(1) to
read as follows:
9.308-1 Testing performed by the contractor.
(a)(1) The contracting officer shall insert the clause at 52.209-3,
First Article Approval--Contractor Testing, in solicitations and
contracts when a fixed-price contract is contemplated and it is
intended that the contract require--
(i) First article approval; and
(ii) That the contractor be required to conduct the first article
testing.
* * * * *
(b)(1) The contracting officer shall insert a clause substantially
the same as the clause at 52.209-3, First Article Approval--Contractor
Testing, in solicitations and contracts when a cost-reimbursement
contract is contemplated and it is intended that the contract require--
(i) First article approval; and
(ii) That the contractor be required to conduct the first article
test.
* * * * *
9.401 [Amended]
0
83. Amend section 9.401 by removing ``other Government-wide exclusion''
wherever it appears and adding ``other Governmentwide exclusion'' in
its place.
0
84. Amend section 9.403 by revising the defined terms ``Affiliates'',
``Debarring official'', and ``Suspending official'' to read as follows:
9.403 Definitions.
* * * * *
Affiliates. (1) Business concerns, organizations, or individuals
are affiliates of each other if, directly or indirectly--
(i) Either one controls or has the power to control the other; or
(ii) A third party controls or has the power to control both.
(2) Indicia of control include, but are not limited to,
interlocking management or ownership, identity of interests among
family members, shared facilities and equipment, common use of
employees, or a business entity organized following the debarment,
suspension, or proposed debarment of a contractor which has the same or
similar management, ownership, or principal employees as the contractor
that was debarred, suspended, or proposed for debarment.
* * * * *
Debarring official means--
(1) An agency head; or
(2) A designee authorized by the agency head to impose debarment.
* * * * *
Suspending official means--
(1) An agency head; or
(2) A designee authorized by the agency head to impose suspension.
* * * * *
0
85. Amend section 9.406-1 by revising paragraph (b) to read as follows:
9.406-1 General.
* * * * *
(b) Debarment constitutes debarment of all divisions or other
organizational elements of the contractor, unless the debarment
decision is limited by its terms to specific divisions, organizational
elements, or commodities. The debarring official may extend the
debarment decision to include any affiliates of the contractor if they
are--
(1) Specifically named; and
(2) Given written notice of the proposed debarment and an
opportunity to respond (see 9.406-3(c)).
* * * * *
0
86. Amend section 9.406-2 by revising paragraph (a)(1) to read as
follows:
9.406-2 Causes for debarment.
* * * * *
(a) * * *
(1) Commission of fraud or a criminal offense in connection with--
(i) Obtaining;
(ii) Attempting to obtain; or
(iii) Performing a public contract or subcontract;
* * * * *
9.406-3 [Amended]
0
87. Amend section 9.406-3 by removing from paragraph (d)(1) ``a
conviction or judgment'' and adding ``a conviction or civil judgment''
in its place.
9.406-4 [Amended]
0
88. Amend section 9.406-4 by removing from paragraph (c)(5)
``debarring offical'' and adding ``debarring official'' in its place.
0
89. Amend section 9.407-1 by removing ``(b)(2)'' and adding in its
place ``(2)'' and revising paragraph (c) to read as follows:
9.407-1 General.
* * * * *
(c) Suspension constitutes suspension of all divisions or other
organizational elements of the contractor, unless the suspension
decision is limited by its terms to specific divisions, organizational
elements, or commodities. The suspending official may extend the
suspension decision to include any affiliates of the contractor if they
are--
(1) Specifically named; and
(2) Given written notice of the suspension and an opportunity to
respond (see 9.407-3(c)).
* * * * *
0
90. Amend section 9.407-2 by--
0
a. Revising paragraph (a)(1);
0
b. Removing from paragraph (a)(3) ``property; or'' and adding
``property;'' in its place;
0
c. Removing from paragraph (a)(7) ``delinquent; or'' and adding
``delinquent;'' in its place; and
0
d. Removing from paragraph (b) ``paragraph (a) above'' and adding
``paragraph (a) of this section'' in its place.
The revision reads as follows:
9.407-2 Causes for suspension.
(a) * * *
(1) Commission of fraud or a criminal offense in connection with--
(i) Obtaining;
(ii) Attempting to obtain; or
(iii) Performing a public contract or subcontract;
* * * * *
9.502 [Amended]
0
91. Amend section 9.502 by removing from paragraph (c) ``An
oganizational'' and adding ``An organizational'' in its place.
9.505 [Amended]
0
92. Amend section 9.505 by removing from paragraph (b) introductory
text ``award for any'' and adding ``award of any'' in its place.
[[Page 19846]]
0
93. Amend section 9.505-1 by revising paragraph (a) to read as
follows:
9.505-1 Providing systems engineering and technical direction.
(a) A contractor that provides systems engineering and technical
direction for a system but does not have overall contractual
responsibility for its development, its integration, assembly, and
checkout, or its production shall not--
(1) Be awarded a contract to supply the system or any of its major
components; or
(2) Be a subcontractor or consultant to a supplier of the system or
any of its major components.
* * * * *
9.505-2 [Amended]
0
94. Amend section 9.505-2 by--
0
a. Removing from paragraph (a)(1) ``This rule'' and adding ``The
restriction in this paragraph (a)(1)'' in its place;
0
b. Removing from paragraph (b)(2) ``unless excepted in subparagraph (1)
above'' and adding ``unless excepted in paragraph (b)(1) of this
section'' in its place; and
0
c. Removing from paragraph (b)(3) ``9.505-2(a)(3)'' and adding
``paragraph (a)(3) of this section'' in its place.
0
95. Amend section 9.505-4 by revising paragraph (a) to read as follows:
9.505-4 Obtaining access to proprietary information.
(a) When a contractor requires proprietary information from others
to perform a Government contract and can use the leverage of the
contract to obtain it, the contractor may gain an unfair competitive
advantage unless restrictions are imposed. These restrictions protect
the information and encourage companies to provide it when necessary
for contract performance. They are not intended to protect
information--
(1) Furnished voluntarily without limitations on its use; or
(2) Available to the Government or contractor from other sources
without restriction.
* * * * *
9.507-1 [Amended]
0
96. Amend section 9.507-1 by removing from the introductory text
``contractor's eligibilty'' and adding ``contractor's eligibility'' in
its place.
9.507-2 [Amended]
0
97. Amend section 9.507-2 by removing from the introductory text ``(see
9.508-1(d) of this subsection)'' and adding ``(see 9.506(d))'' in its
place.
0
98. Amend section 9.508 by--
0
a. Removing from the introductory text ``following'' and adding ``of
this section'' in its place; and
0
b. Revising paragraph (h).
The revision reads as follows:
9.508 Examples.
* * * * *
(h) Company A is selected to study the use of lasers in
communications. The agency intends to ask that firms doing research in
the field make proprietary information available to Company A. The
contract must require Company A to--
(1) Enter into agreements with these firms to protect any
proprietary information they provide; and
(2) Refrain from using the information in supplying lasers to the
Government or for any purpose other than that for which it was
intended.
* * * * *
0
99. Amend section 9.602 by revising paragraph (a) to read as follows:
9.602 General.
(a) Contractor team arrangements may be desirable from both a
Government and industry standpoint in order to enable the companies
involved to--
(1) Complement each other's unique capabilities; and
(2) Offer the Government the best combination of performance, cost,
and delivery for the system or product being acquired.
* * * * *
PART 11--DESCRIBING AGENCY NEEDS
11.102 [Amended]
0
100. Amend section 11.102 by removing ``11.201(d)(3)'' and adding
``(3)'' in its place and removing ``Government Printing Office (GPO)''
and adding ``Government Publishing Office (GPO)'' in its place.
11.201 [Amended]
0
101. Amend section 11.201 by adding at the end of paragraph (c)
introductory text a dash and removing from paragraph (d)(4)
``Government Printing Office'' and adding ``Government Publishing
Office'' in its place.
0
102. Amend section 11.604 by revising the section heading to read as
follows:
11.604 Solicitation provision and contract clause.
* * * * *
PART 16--TYPES OF CONTRACTS
16.505 [Amended]
0
103. Amend section 16.505 by--
0
a. Adding at the end of paragraph (a) heading a period;
0
b. Removing from paragraphs (a)(3) and (a)(9)(i) ``Subpart'' and
adding ``subpart'' in its place;
0
c. Adding at the end of paragraph (b)(1)(v)(A)(5)(i) ``or'';
0
d. Removing from paragraph (b)(2)(ii) introductory text ``paragraphs''
and adding ``paragraph'' in its place;
0
e. Removing from paragraph (b)(2)(ii)(B)(10) ``(b)(2)(i)(A)'' and
adding ``paragraphs (b)(2)(i)(A)'' in its place;
0
f. Removing from paragraph (b)(2)(ii)(C)(4) ``Acquisition, Technology,
and Logistics'' and adding ``Acquisition and Sustainment'' in its
place;
0
g. Removing from paragraph (b)(2)(ii)(D)(1)(ii) ``(b)(2)(ii)(B)'' and
adding ``paragraph (b)(2)(ii)(B)'' in its place;
0
h. Removing from paragraph (b)(2)(ii)(D)(3) ``subsection'' and adding
``section'' in its place;
0
i. Removing from paragraph (b)(2)(ii)(D)(4) ``paragraphs (1) and (3)''
and adding ``paragraphs (b)(2)(ii)(D)(1) and (3) of this section'' in
its place;
0
j. Adding at the end of paragraph (b)(2)(ii)(D)(5)(ii) ``of this
section'';
0
k. Removing from paragraph (b)(7)(ii) ``(b)(2)'' and adding ``(b)(2) of
this section'' in its place; and
0
l. Removing from paragraph (c)(1) introductory text ``(c)(3)'' and
adding ``(3) of this section'' in its place.
PART 17--SPECIAL CONTRACTING METHODS
0
104. Amend section 17.703 by--
0
a. Revising paragraph (c); and
0
b. Removing from paragraph (e) ``''Waiver'''' and ``Acquisition,
Technology, and Logistics'' and adding ``Waiver'' and ``Acquisition and
Sustainment'' in their places, respectively.
The revision reads as follows:
17.703 Policy.
* * * * *
(c) Within 30 days of the beginning of each fiscal year, submit
nondefense agency certifications of compliance to the Principal
Director, Defense Pricing and Contracting at: Department of Defense,
Office of the Under Secretary of Defense (Acquisition and Sustainment),
Defense Pricing and Contracting, Contract Policy, Room 3B938, 3060
Defense Pentagon, Washington DC 20301-3060.
* * * * *
[[Page 19847]]
PART 19--SMALL BUSINESS PROGRAMS
19.702 [Amended]
0
105. Amend section 19.702 by--
0
a. Removing from paragraph (b) introductory text ``subparagraphs (a)(1)
and (2) above'' and adding ``paragraphs (a)(1) and (2) of this
section'' in its place; and
0
b. Removing from paragraph (c) ``15 U.S.C. 637(d)(8)'' and adding ``15
U.S.C. 637(d)(9)'' in its place; and
0
c. Removing from paragraph (d) ``15. U.S.C. 637(d)(11)'' and adding
``15 U.S.C. 637(d)(12)'' in its place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1008-1 [Amended]
0
106. Amend section 22.1008-1 by removing from paragraph (e)(1)
``Government Printing Office'' and adding ``Government Publishing
Office'' in its place.
PART 26--OTHER SOCIOECONOMIC PROGRAMS
26.205 [Amended]
0
107. Amend section 26.205 by removing from paragraph (b) ``required to
in SAM'' and adding ``required to register in SAM'' in its place.
PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION
30.102 [Amended]
0
108. Amend section 30.102 by removing ``Government Printing Office''
and adding ``Government Publishing Office'' in its place.
PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES
0
109. Amend section 31.101 by revising the last sentence to read as
follows:
31.101 Objectives.
* * * Class deviations for the Department of Defense require
advance approval of the Principal Director, Defense Pricing and
Contracting, Office of the Under Secretary of Defense for Acquisition
and Sustainment.
31.205-46 [Amended]
0
110. Amend section 31.205-46 by--
0
a. Removing from paragraph (a)(2) introductory text ``(a)(2) (i)
through (iii) of this paragraph'' and adding ``paragraphs (a)(2)(i)
through (iii) of this section'' in its place;
0
b. Removing from paragraphs (a)(2)(i) and (ii) ``Government Printing
Office'' and adding ``Government Publishing Office'' in their places,
respectively;
0
c. Removing from paragraph (a)(2)(iii) ``(a)(2) (i) and (ii) of this
paragraph'' and ``Government Printing Office'' and adding ``paragraphs
(a)(2)(i) and (ii) of this section'' and ``Government Publishing
Office'' in their places, respectively;
0
d. Removing from paragraph (a)(3) introductory text ``(a)(2) (i), (ii),
or (iii) or this section'' and adding ``paragraph (a)(2)(i), (ii), or
(iii) of this section'' in its place;
0
e. Removing from paragraph (a)(3)(i) ``(a)(2) (i)'' and adding
``paragraph (a)(2)(i)'' in its place;
0
f. Removing from paragraph (a)(3)(iv) ``subsection'' and ``(a)(3)(ii)''
and adding ``section'' and ``(a)(3)(ii) of this section'' in their
place, wherever they appear;
0
g. Removing from paragraph (a)(4) ``Subparagraphs (a)(2) and (a)(3) of
this subsection'' and ``subdivisions (a)(2)(i), (ii), and (iii) of this
subsection'' and adding ``Paragraphs (a)(2) and (3) of this section''
and ``paragraphs (a)(2)(i), (ii), and (iii) of this section'' in their
place, respectively;
0
h. Removing from paragraph (a)(5) ``(a)(3)'' and adding ``(3)'' in its
place;
0
i. Removing from paragraph (c)(1) ``subparagraph'' and adding
``paragraph (c)'' in its place; and
0
j. Removing from paragraph (c)(2) introductory text ``subsection'' and
adding ``section'' in its place, wherever it appears.
PART 45--GOVERNMENT PROPERTY
45.602-3 [Amended]
0
111. Amend section 45.602-3 by--
0
a. Removing ``subsection'' and adding ``section'' in its place,
wherever it appears; and
0
b. Removing from paragraph (b)(3) ``Government Printing Office'' and
adding ``Government Publishing Office'' in its place.
PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
50.101-1 [Amended]
0
112. Amend section 50.101-1 by removing from paragraph (b) ``Government
Printing Office'' and adding ``Government Publishing Office'' in its
place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
113. Amend section 52.212-5 by revising the date of the clause and
removing from paragraph (b)(59) ``(15 U.S.C. 637(d)(12))'' and adding
``(15 U.S.C. 637(d)(13))'' in its place to read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Items (May 2019)
* * * * *
PART 53--FORMS
0
114. Revise section 53.107 to read as follows:
53.107 Obtaining forms.
Executive agencies shall obtain standard and optional forms from
the General Services Administration (GSA) Forms Library at https://www.gsa.gov/forms. Agency forms are available from the prescribing
agency.
[FR Doc. 2019-06626 Filed 5-3-19; 8:45 am]
BILLING CODE 6820-EP-P
