Federal Acquisition Regulation; Technical Amendments, 40076-40077 [2020-12757]

Download as PDF 40076 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations copy of the FRFA to the Chief Counsel for Advocacy of the Small Business Administration. VII. Paperwork Reduction Act GENERAL SERVICES ADMINISTRATION 5.205 List of Subjects in 48 CFR Part 52 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 4, 5, 9, 18, 27, and 52 William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCY: Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth below: ACTION: Final rule. This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make needed editorial changes. 1. The authority citation for 48 CFR part 52 continues to read as follows: DATES: SUMMARY: ■ Ms. Lois Mandell, Regulatory Secretariat Division (MVCB), at 202–501–4755 or GSARegSec@gsa.gov. Please cite FAC 2020–07, Technical Amendments. 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 addition read as follows: ■ ■ * * * * In order to update certain elements in 48 CFR parts 5, 9, 27, and 52 this document makes editorial changes to the FAR. SUPPLEMENTARY INFORMATION: List of Subjects in 48 CFR Parts 4, 5, 9, 18, 27, and 52 * Government procurement. Ordering (Aug 2020) * * * * * (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. 2020–12766 Filed 7–1–20; 8:45 am] BILLING CODE 6820–EP–P VerDate Sep<11>2014 21:45 Jul 01, 2020 Effective: July 2, 2020. FOR FURTHER INFORMATION CONTACT: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. Jkt 250001 PART 9—CONTRACTOR QUALIFICATIONS [Amended] 4. Amend section 9.109–4 in paragraph (a)(1)(i) by removing ‘‘https:// www.state.gov/t/avc/rls/rpt/’’ and adding ‘‘https://www.state.gov/bureausoffices/under-secretary-for-armscontrol-and-international-securityaffairs/bureau-of-arms-controlverification-and-compliance/’’ in its place. ■ PART 18—EMERGENCY ACQUISITIONS PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES Ordering. 3. In section 5.205 amend paragraph (f) by removing ‘‘national buy’’. 9.109–4 [FAC 2020–07; Item VI; Docket No. FAR– 2020–0052; Sequence No. 2] Federal Acquisition Regulation; Technical Amendments Government procurement. 52.216–18 [Amended] ■ 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). khammond on DSKJM1Z7X2PROD with RULES3 PART 5—PUBLICIZING CONTRACT ACTIONS DEPARTMENT OF DEFENSE 18.205 [Amended] 5. In section 18.205 amend paragraph (a) by removing ‘‘http://www.fema.gov/ emergency/nrf/’’ and adding ‘‘https:// www.fema.gov/media-library/assets/ documents/117791’’ in its place. ■ PART 27—PATENTS, DATA, AND COPYRIGHTS 27.405–3 [Amended] 6. In section 27.405–3 amend paragraph (b) by removing ‘‘with paragraph (a)(1) of’’ and adding ‘‘with paragraph (a) of’’ in its place. ■ PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for 48 CFR parts 4, 5, 9, 18, 27, and 52 continues to read as follows: 7. Amend section 52.209–13 by: a. Revising the date of the provision; and ■ b. Removing from paragraphs (b)(1)(i) and (ii) ‘‘https://www.state.gov/t/avc/ rls/rpt/’’ and adding ‘‘https:// www.state.gov/bureaus-offices/undersecretary-for-arms-control-andinternational-security-affairs/bureau-ofarms-control-verification-andcompliance/’’ in its place. The revision reads as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. Violation of Arms Control Treaties or Agreements—Certification PART 4—ADMINISTRATIVE AND INFORMATION MATTERS Violation of Arms Control Treaties or Agreements—Certification (JUL 2020) 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 4, 5, 9, 18, 27, and 52 as set forth below: ■ 4.1603 * [Amended] 2. In section 4.1603 amend paragraph (a)(1) by removing ‘‘http://www.gsa.gov/ graphics/fas/Civilian__contacts.pdf’’ and adding ‘‘https:// community.max.gov/x/24foL’’ in its place. ■ PO 00000 Frm 00018 Fmt 4701 ■ ■ Sfmt 4700 * * * * 8. Amend section 52.212–5 by— a. Revising the date of the clause; b. Removing from paragraph (b)(14)(ii) ‘‘(MAR 2020)’’ and adding ‘‘(MAR 2020) of 52.219–6’’ in its place; ■ c. Redesignating paragraph (b)(18) as (b)(18)(i) and adding (b)(18)(ii); ■ ■ ■ E:\FR\FM\02JYR3.SGM 02JYR3 40077 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations d. Removing from paragraph (b)(22)(i) ‘‘(MAR 2020)’’ and adding ‘‘(MAY 2020)’’ in its place; and ■ e. Removing from paragraph (b)(42) ‘‘(DEC 2007)’’ and adding ‘‘(MAY 2020)’’ in its place. The addition reads as follows: DEPARTMENT OF DEFENSE 52.212–5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. 48 CFR Chapter 1 ■ * * * * * Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JUL 2020) * * * * * (b) * * * ll(18) * * * ll(ii) Alternate I (MAR 2020) of 52.219–13. * * * * * GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Docket No. FAR–2020–0051, Sequence No. 3] Federal Acquisition Regulation; Federal Acquisition Circular 2020–07; 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 SUMMARY: [FR Doc. 2020–12757 Filed 7–1–20; 8:45 am] BILLING CODE 6820–EP–P 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) 2020–07, 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 2020–07, which precedes this document. These documents are also available via the internet at https://www.regulations.gov. DATES: July 2, 2020. For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2020–07 and the FAR Case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755 or GSARegSec@gsa.gov. FOR FURTHER INFORMATION CONTACT: RULE LISTED IN FAC 2020–07 Item Subject FAR case *I ........................ *II ....................... *III ...................... *IV ..................... *V ...................... VI ....................... Requirements for DD Form 254, Contract Security Classification Specification ............ Increased Micro-Purchase and Simplified Acquisition Thresholds ................................. Evaluation Factors for Multiple-Award Contracts ............................................................ Modifications to Cost or Pricing Data Requirements ...................................................... Orders Issued Via Fax or Electronic Commerce ............................................................ Technical Amendments ................................................................................................... 2015–002 2018–004 2017–010 2018–005 2018–022 ........................ The FAC, including the SECG, is available via the internet at https://www.regulations.gov. SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these FAR rules, refer to the specific item numbers and subjects set forth in the documents following these item summaries. FAC 2020–07 amends the FAR as follows: ADDRESSES: khammond on DSKJM1Z7X2PROD with RULES3 Item I—Requirements for DD Form 254, Contract Security Classification Specification (FAR Case 2015–002) This final rule amends the FAR to provide procedures for use of the DD Form 254, Contract Security Classification Specification, and the use of the Procurement Integrated Enterprise Environment (PIEE) for electronic submission to streamline the submission process. It requires use of the DD Form 254 by DoD components, and by nondefense agencies that have industrial security services agreements with DoD, and requires the use of the National Industrial Security Program Contracts Classification System module of the PIEE, unless the nondefense VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 agency has an existing DD Form 254 information system. Item II—Increased Micro-Purchase and Simplified Acquisition Thresholds (FAR Case 2018–004) This final rule increases the micropurchase threshold (MPT) from $3,500 to $10,000, increases the simplified acquisition threshold (SAT) from $150,000 to $250,000, and increases the special emergency procurement authority in paragraph (2) from $300,000 to $500,000. The rule also clarifies certain procurement terms, as well as aligns some non-statutory thresholds with the MPT and SAT. It implements section 217(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 and sections 805, 806, and 1702(a) of the NDAA for FY 2018. This final rule will likely have a positive significant economic impact on a substantial number of small entities. PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 Analyst Glover. Jackson. Jackson. Delgado. Glover. Item III—Evaluation Factors for Multiple-Award Contracts (FAR Case 2017–010) DoD, GSA, and NASA are issuing a final rule amending the FAR to implement section 825 of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114–328). The final rule modifies the requirement to consider price or cost as an evaluation factor for the award of certain multipleaward task order contracts issued by DoD, NASA, and the Coast Guard. Specifically, the rule provides that, at the Government’s discretion, solicitations for multiple-award contracts for the same or similar services that state the Government intends to award a contract to each qualifying offeror do not require price or cost as an evaluation factor for contract award. This exception does not apply to solicitations for multiple-award contracts that provide for sole source orders pursuant to 8(a) of the Small Business Act (15 U.S.C. 637(a)). When price or cost is not evaluated during contract award, the contracting officer shall consider price or cost as a factor for the award of each order under the E:\FR\FM\02JYR3.SGM 02JYR3

Agencies

[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Rules and Regulations]
[Pages 40076-40077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12757]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4, 5, 9, 18, 27, and 52

[FAC 2020-07; Item VI; Docket No. FAR-2020-0052; Sequence No. 2]


Federal Acquisition Regulation; Technical Amendments

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

ACTION: Final rule.

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

SUMMARY: This document makes amendments to the Federal Acquisition 
Regulation (FAR) in order to make needed editorial changes.

DATES: Effective: July 2, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Lois Mandell, Regulatory 
Secretariat Division (MVCB), at 202-501-4755 or [email protected]. 
Please cite FAC 2020-07, Technical Amendments.

SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 
CFR parts 5, 9, 27, and 52 this document makes editorial changes to the 
FAR.

List of Subjects in 48 CFR Parts 4, 5, 9, 18, 27, and 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 amend 48 CFR parts 4, 5, 9, 18, 27, 
and 52 as set forth below:

0
1. The authority citation for 48 CFR parts 4, 5, 9, 18, 27, and 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.

PART 4--ADMINISTRATIVE AND INFORMATION MATTERS


4.1603  [Amended]

0
2. In section 4.1603 amend paragraph (a)(1) by removing ``http://
www.gsa.gov/graphics/fas/Civilian__contacts.pdf'' and adding ``https://
community.max.gov/x/24foL'' in its place.

PART 5--PUBLICIZING CONTRACT ACTIONS


5.205  [Amended]

0
3. In section 5.205 amend paragraph (f) by removing ``national buy''.

PART 9--CONTRACTOR QUALIFICATIONS


9.109-4  [Amended]

0
4. Amend section 9.109-4 in paragraph (a)(1)(i) by removing ``https://
www.state.gov/t/avc/rls/rpt/'' and adding ``https://www.state.gov/
bureaus-offices/under-secretary-for-arms-control-and-international-
security-affairs/bureau-of-arms-control-verification-and-compliance/'' 
in its place.

PART 18--EMERGENCY ACQUISITIONS


18.205  [Amended]

0
5. In section 18.205 amend paragraph (a) by removing ``http://
www.fema.gov/emergency/nrf/'' and adding ``https://www.fema.gov/media-
library/assets/documents/117791'' in its place.

PART 27--PATENTS, DATA, AND COPYRIGHTS


27.405-3   [Amended]

0
6. In section 27.405-3 amend paragraph (b) by removing ``with paragraph 
(a)(1) of'' and adding ``with paragraph (a) of'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
7. Amend section 52.209-13 by:
0
a. Revising the date of the provision; and
0
b. Removing from paragraphs (b)(1)(i) and (ii) ``https://www.state.gov/
t/avc/rls/rpt/'' and adding ``https://www.state.gov/bureaus-offices/
under-secretary-for-arms-control-and-international-security-affairs/
bureau-of-arms-control-verification-and-compliance/'' in its place.
    The revision reads as follows:

Violation of Arms Control Treaties or Agreements--Certification

Violation of Arms Control Treaties or Agreements--Certification (JUL 
2020)

* * * * *

0
8. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b)(14)(ii) ``(MAR 2020)'' and adding ``(MAR 
2020) of 52.219-6'' in its place;
0
c. Redesignating paragraph (b)(18) as (b)(18)(i) and adding 
(b)(18)(ii);

[[Page 40077]]

0
d. Removing from paragraph (b)(22)(i) ``(MAR 2020)'' and adding ``(MAY 
2020)'' in its place; and
0
e. Removing from paragraph (b)(42) ``(DEC 2007)'' and adding ``(MAY 
2020)'' in its place.
    The addition reads 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 (JUL 2020)

* * * * *
    (b) * * *
    __(18) * * *
    __(ii) Alternate I (MAR 2020) of 52.219-13.
* * * * *
[FR Doc. 2020-12757 Filed 7-1-20; 8:45 am]
BILLING CODE 6820-EP-P