Federal Acquisition Regulations: Orders Issued via Fax or Electronic Commerce, 44270-44272 [2019-18141]

Download as PDF 44270 Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Proposed Rules provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). ‘‘Burden’’ is defined at 5 CFR 1320.3(b). Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. Because this action proposes authorization of pre-existing State rules which are at least equivalent to, and no less stringent than existing Federal requirements, and imposes no additional requirements beyond those imposed by State law, and there are no anticipated significant adverse human health or environmental effects, this proposed rule is not subject to Executive Order 12898. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). Dated: August 5, 2019. Mary S. Walker, Regional Administrator, Region 4. [FR Doc. 2019–18239 Filed 8–22–19; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 73 and 76 [MB Docket No. 19–177; FCC 19–721] jbell on DSK3GLQ082PROD with PROPOSALS Review of EEO Compliance and Enforcement in Broadcast and Multichannel Video Programming Industries Federal Communications Commission. ACTION: Proposed rule. AGENCY: This document announces that the Federal Communications Commission granted a motion filed by SUMMARY: VerDate Sep<11>2014 16:14 Aug 22, 2019 Jkt 247001 the Multicultural Media, Telecom and internet Council (MMTC) in MB Docket No. 19–177 to extend the deadlines for filing comments and replies in response to the Commission’s document on possible improvements to equal employment opportunity (EEO) compliance and enforcement. DATES: Comments Due: September 20, 2019. Replies Due: November 4, 2019. ADDRESSES: Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http:// apps.fcc.gov/ecfs/. Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. • Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St. SW, Room TW–A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington, DC 20554. For detailed instructions on submitting comments and replies and additional information on the rulemaking process, see the Commission’s Proposed Rule, MB Docket No. 19–177, FCC 19–54, adopted June 12, 2019, and released June 21, 2019. FOR FURTHER INFORMATION CONTACT: Radhika Karmarkar, Industry Analysis Division, Media Bureau, Radhika.Karmarkar@fcc.gov, (202) 418– 1523. SUPPLEMENTARY INFORMATION: This document summarizes the Media Bureau’s Order in MB Docket No. 19– 177 which was adopted and released July 30, 2019. On July 25, 2019, MMTC filed a motion requesting an extension of time to file comments and replies until September 20, 2019, and November 4, 2019, respectively in response to the Commission’s Proposed PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 Rule in MB Docket No. 19–177, FCC 19– 54 (rel. June 21, 2019), 84 FR 35063, July 22, 2019. For good cause shown, the Media Bureau, pursuant to delegated authority, granted the motion. Comments were originally due August 21, 2019, and replies were due September 5, 2019. Grant of the MMTC’s request makes comments now due on September 20, 2019 and replies due on November 4, 2019. This proceeding is treated as ‘‘permit-butdisclose’’ for purposes of the Commission’s ex parte rules. See generally 47 CFR 1.200–1.216. As a result of the permit but disclose status, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission’s rules applicable to non-restricted proceedings. The full text of the Media Bureau’s Order in Docket No. 19–177 is available electronically at https:// ecfsapi.fcc.gov/file/0730148503545/DA19-721A1.pdf. People With Disabilities. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (TTY). Federal Communications Commission. Marlene Dortch, Secretary. [FR Doc. 2019–18231 Filed 8–22–19; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 52 [FAR Case 2018–022; Docket No. FAR– 2019–0010, Seq. No. 01] RIN 9000–AN80 Federal Acquisition Regulations: Orders Issued via Fax or Electronic Commerce Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. AGENCY: DoD, GSA, and NASA are proposing to amend a Federal Acquisition Regulation (FAR) clause to permit the issuance of task or delivery orders via fax or electronic commerce SUMMARY: E:\FR\FM\23AUP1.SGM 23AUP1 Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Proposed Rules and clarify when an order is considered ‘‘issued’’ when using these methods. DATES: Interested parties should submit written comments to the Regulatory Secretariat at one of the addresses shown below on or before October 22, 2019 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAR Case 2018–022 by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ‘‘FAR Case 2018–022’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Comment Now’’ that corresponds with ‘‘FAR Case 2018–022.’’ Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘FAR Case 2018– 022’’ on your attached document. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Second floor, ATTN: Lois Mandell, Washington, DC 20405. Instructions: Please submit comments only and cite ‘‘FAR Case 2018–022’’ in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement Analyst, at 202–501–1448 for clarification of content. Please cite FAR Case 2018–022. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite ‘‘FAR Case 2018–022.’’ SUPPLEMENTARY INFORMATION: jbell on DSK3GLQ082PROD with PROPOSALS I. Background DoD, GSA, and NASA are proposing to amend the FAR to update a clause to permit the issuance of task or delivery orders via fax or electronic commerce, and to clarify when an order is considered to be ‘‘issued’’ when using these methods. FAR clause 52.216–18, Ordering, currently states that task or delivery orders may be issued orally, by facsimile, or electronic commerce only if authorized in the contract schedule. If mailed, task or delivery orders are considered ‘‘issued’’ when the Government puts the order in the mail. The clause is included in solicitations and contracts when an indefinitedelivery definite-quantity, requirements, or indefinite-delivery indefinitequantity contract is contemplated. VerDate Sep<11>2014 16:14 Aug 22, 2019 Jkt 247001 As part of today’s business environment, the Government and Federal contractors frequently use email, fax, or other electronic commerce methods to communicate with one another. In an effort to reflect current business practices and maintain speed and efficiency in the ordering process, this rule updates FAR clause 52.216–18 to no longer require a separate authorization in the contract to use electronic commerce or fax to issue task or delivery orders. The rule also identifies when a task or delivery order is considered ‘‘issued’’ when using such methods. As a result, contracting officers will no longer need to include supplemental ordering language in the contract when anticipating the use of fax or electronic commerce to issue task or delivery orders. Ordering information will be located in one place in the contract. A common understanding of when a task or delivery order is considered issued, in such situations, will be applied Governmentwide. As task or delivery orders are not issued orally as frequently as other issuance methods and the use of such a method is dependent upon the particular circumstances of the procurement, the authority to issue orders orally must still be authorized under the contract and is not being amended by this rule. II. Discussion and Analysis This rule proposes to amend FAR clause 52.216–18, Ordering, to (1) remove the language stating that the use of fax or electronic commerce may only be used if authorized in the contract; and (2) identify the point in time in which a task or delivery order is considered issued when sent by fax or electronically. III. Applicability to Contracts at or Below the Simplified Acquisition Threshold (SAT) and for Commercial Items, Including Commercially Available Off-the-Shelf (COTS) Items This proposed rule does not create any new provisions or clauses, nor does it change the applicability or burden of any existing provisions or clauses included in solicitations and contracts valued at or below the SAT, or for commercial items, including COTS items. IV. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 44271 environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. V. Executive Order 13771 This rule is not subject to E.O. 13771, because this rule is not a significant regulatory action under E.O. 12866. VI. Regulatory Flexibility Act DoD, GSA, and NASA do not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. However, an initial regulatory flexibility analysis (IRFA) has been performed and is summarized as follows: The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) are proposing to revise the Federal Acquisition Regulation (FAR) to update a clause to automatically permit the issuance of task or delivery orders via fax or electronic commerce, without additional authorization text in the contract and to clarify when an order is considered to be ‘‘issued’’ when using these methods. The objective of the rule is to update the clause language to reflect current business practices and maintain speed and efficiency when issuing task and delivery orders under a contract. DoD, GSA, and NASA do not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The rule simply formalizes a current business practice. The Government does not collect data on the total number of task and delivery orders issued by mail, fax, and/or electronic commerce. However, the Federal Procurement Data System (FPDS) provides the following information for fiscal year 2018: The Federal Government awarded approximately 17,690 new indefinitedelivery indefinite-quantity, indefinitedelivery definite-quantity, and requirements contracts; of which approximately 62% were awarded to approximately 7,420 unique small businesses. E:\FR\FM\23AUP1.SGM 23AUP1 44272 Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Proposed Rules The proposed rule does not impose any Paperwork Reduction Act reporting, recordkeeping, or other compliance requirements on any small entities. The proposed rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternative approaches to the proposed rule that would meet the proposed objectives. The Regulatory Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by this rule consistent with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2018–022) in correspondence. (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or (3) If sent electronically, the Government either— (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor’s email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. VII. Paperwork Reduction Act RIN 0648–BJ22 The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 52 Government procurement. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for 48 CFR part 52 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 2. Amend section 52.216–18 by— a. Revising the date of the clause; b. Revising paragraph (c); and c. Adding paragraph (d). The revisions and additions reads as follows: jbell on DSK3GLQ082PROD with PROPOSALS 52.216–18 Ordering. * * * * * * * Ordering (Date) * * * (c) A delivery order or task order is considered ‘‘issued’’ when— VerDate Sep<11>2014 16:14 Aug 22, 2019 Jkt 247001 [FR Doc. 2019–18141 Filed 8–22–19; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 190816–0016] Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Biennial Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. AGENCY: NMFS proposes to implement allowable catch levels, an overfishing limit, an allowable biological catch, and an annual catch limit for Pacific mackerel in the U.S. exclusive economic zone off the West Coast (California, Oregon and Washington) for the fishing seasons 2019–2020 and 2020–2021. This rule is proposed pursuant to the Coastal Pelagic Species Fishery Management Plan. The proposed harvest guideline and annual catch target for the 2019– 2020 fishing season are 11,109 metric tons (mt) and 10,109 mt, respectively. The proposed harvest guideline and annual catch target for the 2020–2021 fishing season are 7,950 mt and 6,950 mt, respectively. If the fishery attains the annual catch target in either fishing season, the directed fishery will close, reserving the 1,000-mt difference between the harvest guideline and annual catch target as a set-aside for incidental landings in other Coastal Pelagic Species fisheries and other sources of mortality. This rule is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast. SUMMARY: Therefore, DoD, GSA, and NASA propose amending 48 CFR part 52 as set forth below: ■ ■ ■ ■ (End of clause) PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 Comments must be received by September 23, 2019. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2019–0087, by any of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20190087, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Lynn Massey, Sustainable Fisheries Division, West Coast Region, NMFS, 501 W Ocean Blvd., Ste. 4200, Long Beach, CA 90802–4250. • Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Copies of the report, ‘‘Pacific Mackerel Stock Assessment for U.S. Management in 2019–2020 and 2020– 2021’’ may obtained from the Long Beach NMFS office or viewed at the following website: https:// www.pcouncil.org/wpcontent/uploads/ 2019/05/F3_Att1_Mackerel_StockAssessment_Full_Electric_Only_ Jun2019BB.pdf. FOR FURTHER INFORMATION CONTACT: Lynn Massey, West Coast Region, NMFS, Lynn.Massey@noaa.gov. SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., NMFS manages the Pacific mackerel fishery in the U.S. exclusive economic zone (EEZ) off the West Coast in accordance with the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The CPS FMP and its implementing regulations require NMFS to set annual harvest specifications for the Pacific mackerel fishery based on the annual specification framework and DATES: E:\FR\FM\23AUP1.SGM 23AUP1

Agencies

[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Proposed Rules]
[Pages 44270-44272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18141]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 52

[FAR Case 2018-022; Docket No. FAR-2019-0010, Seq. No. 01]
RIN 9000-AN80


Federal Acquisition Regulations: Orders Issued via Fax or 
Electronic Commerce

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA, and NASA are proposing to amend a Federal 
Acquisition Regulation (FAR) clause to permit the issuance of task or 
delivery orders via fax or electronic commerce

[[Page 44271]]

and clarify when an order is considered ``issued'' when using these 
methods.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addresses shown below on or before 
October 22, 2019 to be considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAR Case 2018-022 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by entering ``FAR Case 
2018-022'' under the heading ``Enter keyword or ID'' and selecting 
``Search.'' Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2018-022.'' Follow the instructions provided on the screen. Please 
include your name, company name (if any), and ``FAR Case 2018-022'' on 
your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW, Second floor, ATTN: Lois 
Mandell, Washington, DC 20405.
    Instructions: Please submit comments only and cite ``FAR Case 2018-
022'' in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement 
Analyst, at 202-501-1448 for clarification of content. Please cite FAR 
Case 2018-022. For information pertaining to status or publication 
schedules, contact the Regulatory Secretariat at (202) 501-4755. Please 
cite ``FAR Case 2018-022.''

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA are proposing to amend the FAR to update a 
clause to permit the issuance of task or delivery orders via fax or 
electronic commerce, and to clarify when an order is considered to be 
``issued'' when using these methods. FAR clause 52.216-18, Ordering, 
currently states that task or delivery orders may be issued orally, by 
facsimile, or electronic commerce only if authorized in the contract 
schedule. If mailed, task or delivery orders are considered ``issued'' 
when the Government puts the order in the mail. The clause is included 
in solicitations and contracts when an indefinite-delivery definite-
quantity, requirements, or indefinite-delivery indefinite-quantity 
contract is contemplated.
    As part of today's business environment, the Government and Federal 
contractors frequently use email, fax, or other electronic commerce 
methods to communicate with one another. In an effort to reflect 
current business practices and maintain speed and efficiency in the 
ordering process, this rule updates FAR clause 52.216-18 to no longer 
require a separate authorization in the contract to use electronic 
commerce or fax to issue task or delivery orders. The rule also 
identifies when a task or delivery order is considered ``issued'' when 
using such methods. As a result, contracting officers will no longer 
need to include supplemental ordering language in the contract when 
anticipating the use of fax or electronic commerce to issue task or 
delivery orders. Ordering information will be located in one place in 
the contract. A common understanding of when a task or delivery order 
is considered issued, in such situations, will be applied 
Governmentwide.
    As task or delivery orders are not issued orally as frequently as 
other issuance methods and the use of such a method is dependent upon 
the particular circumstances of the procurement, the authority to issue 
orders orally must still be authorized under the contract and is not 
being amended by this rule.

II. Discussion and Analysis

    This rule proposes to amend FAR clause 52.216-18, Ordering, to (1) 
remove the language stating that the use of fax or electronic commerce 
may only be used if authorized in the contract; and (2) identify the 
point in time in which a task or delivery order is considered issued 
when sent by fax or electronically.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Items, Including Commercially 
Available Off-the-Shelf (COTS) Items

    This proposed rule does not create any new provisions or clauses, 
nor does it change the applicability or burden of any existing 
provisions or clauses included in solicitations and contracts valued at 
or below the SAT, or for commercial items, including COTS items.

IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

V. Executive Order 13771

    This rule is not subject to E.O. 13771, because this rule is not a 
significant regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. 
However, an initial regulatory flexibility analysis (IRFA) has been 
performed and is summarized as follows:
    The Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA) are 
proposing to revise the Federal Acquisition Regulation (FAR) to update 
a clause to automatically permit the issuance of task or delivery 
orders via fax or electronic commerce, without additional authorization 
text in the contract and to clarify when an order is considered to be 
``issued'' when using these methods.
    The objective of the rule is to update the clause language to 
reflect current business practices and maintain speed and efficiency 
when issuing task and delivery orders under a contract.
    DoD, GSA, and NASA do not expect this rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The 
rule simply formalizes a current business practice. The Government does 
not collect data on the total number of task and delivery orders issued 
by mail, fax, and/or electronic commerce. However, the Federal 
Procurement Data System (FPDS) provides the following information for 
fiscal year 2018:
    The Federal Government awarded approximately 17,690 new indefinite-
delivery indefinite-quantity, indefinite-delivery definite-quantity, 
and requirements contracts; of which approximately 62% were awarded to 
approximately 7,420 unique small businesses.

[[Page 44272]]

    The proposed rule does not impose any Paperwork Reduction Act 
reporting, recordkeeping, or other compliance requirements on any small 
entities. The proposed rule does not duplicate, overlap, or conflict 
with any other Federal rules. There are no known significant 
alternative approaches to the proposed rule that would meet the 
proposed objectives.
    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, 
and NASA invite comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by this rule 
consistent with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAR Case 2018-022) in 
correspondence.

VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 52

    Government procurement.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR part 52 as 
set forth below:

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 52 continues to read as 
follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

0
2. Amend section 52.216-18 by--
0
 a. Revising the date of the clause;
0
 b. Revising paragraph (c); and
0
c. Adding paragraph (d).
    The revisions and additions reads as follows:


52.216-18  Ordering.

* * * * *

Ordering (Date)

* * * * *
    (c) A delivery order or task order is considered ``issued'' 
when--
    (1) If sent by mail (includes transmittal by U.S. mail or 
private delivery service), the Government deposits the order in the 
mail;
    (2) If sent by fax, the Government transmits the order to the 
Contractor's fax number; or
    (3) If sent electronically, the Government either--
    (i) Posts a copy of the delivery order or task order to a 
Government document access system, and notice is sent to the 
Contractor; or
    (ii) Distributes the delivery order or task order via email to 
the Contractor's email address.
    (d) Orders may be issued by methods other than those enumerated 
in this clause only if authorized in the contract.


(End of clause)

[FR Doc. 2019-18141 Filed 8-22-19; 8:45 am]
 BILLING CODE 6820-EP-P