Federal Acquisition Regulation: Update to Certain Online References in the FAR, 71323-71326 [2021-26802]
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Federal Register / Vol. 86, No. 238 / Wednesday, December 15, 2021 / Rules and Regulations
52.216–5 Price Redetermination—
Prospective.
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Price Redetermination—Prospective
(Jan 2022)
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■ 3. Amend section 52.216–6 by—
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (g)(2) the
phrase ‘‘by the amount of any applicable
tax credits due the contractor under 26
U.S.C. 1481 and’’.
The revision reads as follows:
52.216–6 Price Redetermination—
Retroactive.
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5. Amend section 52.216–17 by—
a. Revising the date of clause; and
b. Removing from paragraph (i)(2) the
phrase ‘‘by the amount of any applicable
tax credits due the Contractor under 26
U.S.C. 1481 and’’.
The revision reads as follows:
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52.216–17 Incentive Price Revision—
Successive Targets.
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Incentive Price Revision—Successive
Targets (Jan 2022)
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[FR Doc. 2021–26803 Filed 12–14–21; 8:45 am]
BILLING CODE 6820–EP–P
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Price Redetermination—Retroactive
(Jan 2022)
DEPARTMENT OF DEFENSE
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GENERAL SERVICES
ADMINISTRATION
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4. Amend section 52.216–16 by—
a. Revising the date of clause; and
b. Removing from paragraph (g)(2) the
phrase ‘‘by the amount of any applicable
tax credits due the Contractor under 26
U.S.C. 1481 and’’.
The revision reads as follows:
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52.216–16
Target.
Incentive Price Revision—Firm
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Incentive Price Revision—Firm Target
(Jan 2022)
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2021–0051, Sequence No.
6]
Federal Acquisition Regulation;
Federal Acquisition Circular 2022–02;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide
(SECG).
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)
2022–02, which amends the Federal
Acquisition Regulation (FAR).
Interested parties may obtain further
information regarding these rules by
referring to FAC 2022–02, which
precedes this document.
DATES: December 15, 2021.
ADDRESSES: The FAC, including the
SECG, is available via the internet at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2022–02 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. An asterisk (*)
next to a rule indicates that a regulatory
flexibility analysis has been prepared.
SUMMARY:
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RULES LISTED IN FAC 2022–02
Item
Subject
I .........................
II ........................
Update to Certain Online References in the FAR ...................................................................
Technical Amendments.
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
2022–02 amends the FAR as follows:
Item I—Update to Certain Online
References in the FAR (FAR Case 2021–
003)
This final rule amends the FAR to
replace FAR references to Federal
Business Opportunities (FBO.gov) and
Wage Determinations Online
(WDOL.gov) websites with references to
the System for Award Management
(SAM.gov) website because of their
integration with and the increased
functionality of SAM.gov. The rule is
administrative in nature as it simply
replaces website references. Item II—
Technical Amendments
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FAR case
Editorial changes are made at FAR
52.216–5, 52.216–6, 52.216–16, and
52.216–17.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2021–26804 Filed 12–14–21; 8:45 am]
BILLING CODE 6820–EP–P
PO 00000
2021–003
Analyst
Glover.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 5, 6, 7, 8, 16, 22, 47,
and 52
[FAC 2022–02; FAR Case 2021–003; Item
I; Docket No. FAR–2021–0003; Sequence
No. 1]
RIN 9000–AO21
Federal Acquisition Regulation:
Update to Certain Online References in
the FAR
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
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ACTION:
Federal Register / Vol. 86, No. 238 / Wednesday, December 15, 2021 / Rules and Regulations
Final rule.
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
replace FAR references to Federal
Business Opportunities (FBO.gov) and
Wage Determinations Online
(WDOL.gov) websites with the System
for Award Management (SAM.gov)
website because of their integration with
and the increased functionality of
SAM.gov.
SUMMARY:
DATES:
Effective January 14, 2022.
Mr.
Curtis E. Glover, Sr., Procurement
Analyst, at 202–501–1448 or by email at
curtis.glover@gsa.gov for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755 or GSARegSec@gsa.gov.
Please cite FAC 2022–02, FAR Case
2021–003.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
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DoD, GSA, and NASA are amending
the Federal Acquisition Regulation
(FAR) to replace references to Federal
Business Opportunities (FBO.gov) and
Wage Determinations Online
(WDOL.gov) websites with the System
for Award Management (SAM.gov)
website because of their integration with
and the increased functionality of
SAM.gov.
The System for Award Management
(SAM) is a Federal website that
consolidates the capabilities of Central
Contractor Registration (CCR), Online
Representations and Certifications
Applications (ORCA), and the Excluded
Parties List System (EPLS) and
continues to evolve to incorporate the
capabilities of other systems used in
Federal procurement processes.
On April 26, 2021, legacy SAM.gov
functionality was integrated with
beta.SAM.gov and renamed to SAM.gov.
As a result of the integration, SAM.gov
now includes the site for users to
execute actions formerly accomplished
on Federal Business Opportunities
(FBO.gov) and Wage Determinations
Online (WDOL.gov). In response, the
FAR needs to be updated to remove
obsolete names and URL references and
incorporate in their place the new
SAM.gov website.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the Federal Acquisition
Regulation (FAR) is 41 U.S.C. 1707.
Subsection (a)(1) of 41 U.S.C. 1707
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requires that a procurement policy,
regulation, procedure, or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because it does not have a
significant effect or impose any new
requirements on contractors or offerors.
The rule simply replaces FAR references
to Federal Business Opportunities
(FBO.gov) and Wage Determinations
Online (WDOL.gov) with the System for
Award Management (SAM.gov).
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Products, Including Commercially
Available Off-the-Shelf (COTS) Items,
or for Commercial Services
This rule simply replaces references
to Federal Business Opportunities
(FBO.gov) and Wage Determinations
Online (WDOL.gov) with the System for
Award Management (SAM.gov). This
rule does not impose any new
requirements on contracts at or below
the SAT, or to acquisitions for
commercial products (including COTS
items) or for commercial services.
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.
V. Congressional Review Act
As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD,
GSA, and NASA will send the rule and
the ‘‘Submission of Federal Rules Under
the Congressional Review Act’’ form to
each House of the Congress and to the
Comptroller General of the United
States. A major rule cannot take effect
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until 60 days after it is published in the
Federal Register. The Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget has determined that this is not
a major rule under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) does not apply to this
rule, because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section III. of this
preamble). Accordingly, no regulatory
flexibility analysis is required and none
has been prepared.
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.
3501–3521).
List of Subjects in 48 CFR Parts 2, 5, 6,
7, 8, 16, 22, 47, 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 2, 5, 6, 7, 8, 16, 22,
47, and 52 as set forth below:
■ 1. The authority citation for 48 CFR
parts 2, 5, 6, 7, 8, 16, 22, 47, 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 2—DEFINITIONS OF WORDS
AND TERMS
2.101
[Amended]
2. Amend section 2.101 in paragraph
(b)(2), in the definition
‘‘Governmentwide point of entry (GPE)’’
by removing ‘‘https://www.fbo.gov’’ and
adding ‘‘https://www.sam.gov’’ in its
place.
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PART 5—PUBLICIZING CONTRACT
ACTIONS
5.102
[Amended]
3. Amend section 5.102 by removing
from paragraph (a)(1) ‘‘https://
www.fbo.gov’’ and adding ‘‘https://
www.sam.gov’’ in its place.
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5.201
[Amended]
4. Amend section 5.201 by removing
from paragraph (d) ‘‘https://
www.fbo.gov’’ and adding ‘‘https://
www.sam.gov’’ in its place.
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5.207
[Amended]
5. Amend section 5.207 by—
a. Removing from paragraphs (b) and
(c)(19) ‘‘https://www.fbo.gov’’ and
adding ‘‘https://www.sam.gov’’ in their
places, respectively; and
■ b. Removing from paragraph (e)
‘‘https://www.fbo.gov/’’ and adding
‘‘https://www.sam.gov’’ in its place.
a. In the definition ‘‘e98’’ removing
‘‘https://www.wdol.gov’’ and adding
‘‘https://www.sam.gov’’ in its place; and
■ b. Removing the definition of ‘‘Wage
Determinations OnLine (WDOL)’’ and
adding a definition for ‘‘Wage
Determinations at SAM.gov’’ in its
places.
The addition reads as follows:
5.704
22.001
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[Amended]
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6. Amend section 5.704 by removing
from paragraph (b) introductory text
‘‘https://www.fbo.gov’’ and adding
‘‘https://www.sam.gov’’ in its place.
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5.705
[Amended]
7. Amend section 5.705 by removing
from paragraphs (a)(2) introductory text
and (c) ‘‘https://www.fbo.gov’’ and
adding ‘‘https://www.sam.gov’’ in their
places, respectively.
■
[Amended]
8. Amend section 6.305 by removing
from paragraph (d)(1) ‘‘https://
www.fbo.gov’’ and adding ‘‘https://
www.sam.gov’’ in its place.
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PART 7—ACQUISITION PLANNING
7.105
[Amended]
9. Amend section 7.105 by removing
from paragraph (b)(16) ‘‘https://
www.fbo.gov’’ and adding ‘‘https://
www.sam.gov’’ in its place.
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PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
8.405–6
[Amended]
10. Amend section 8.405–6 by
removing from paragraph (a)(2)(i)(B)(1)
‘‘https://www.fbo.gov’’ and adding
‘‘https://www.sam.gov’’ in its place.
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8.602
[Amended]
11. Amend section 8.602 by removing
from paragraphs (a)(4)(ii)(A) and (B)
‘‘FedBizOpps, also known as FBO’’ and
adding ‘‘Contract Opportunities at
SAM.gov’’ in its place.
■
[Amended]
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PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
■
13. Amend section 22.001 by—
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[Amended]
15. Amend section 22.404–3 by
removing from paragraph (a) and
paragraph (b) introductory text ‘‘WDOL’’
and adding ‘‘Wage Determinations at
SAM.gov’’ in its place.
■
12. Amend section 16.505 by
removing from paragraph
(b)(2)(ii)(D)(2)(i) ‘‘https://www.fbo.gov’’
and adding ‘‘https://www.sam.gov’’ in
its place.
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Types of wage determinations.
(a) * * *
(2) General wage determinations are
published on the Wage Determinations
at SAM.gov website. General wage
determinations are effective on the
publication date of the wage
determination or upon receipt of the
wage determination by the contracting
agency, whichever occurs first.
‘‘Publication’’ within the meaning of
this section shall occur on the first date
the wage determination is published on
the Wage Determinations at SAM.gov.
Archived Construction Wage Rate
Requirements statute general wage
determinations that are no longer
current may be accessed in the
‘‘Archived DB WD’’ database on Wage
Determinations at SAM.gov website for
information purposes only. Contracting
officers may not use an archived wage
determination in a contract action
without obtaining prior approval of the
Department of Labor. To obtain prior
approval, contact the Department of
Labor, Wage and Hour Division, using
https://www.sam.gov, or contact the
procurement agency labor advisor listed
on https://www.sam.gov.
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22.404–3
PART 16—TYPES OF CONTRACTS
16.505
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Wage Determinations at SAM.gov
means the Government internet website
for both Construction Wage Rate
Requirements statute and Service
Contract Labor Standards statute wage
determinations available at https://
www.sam.gov.
■ 14. Amend section 22.404–1 by
revising paragraph (a)(2) to read as
follows:
22.404–1
PART 6—COMPETITION
REQUIREMENTS
6.305
Definitions.
22.404–6
[Amended]
16. Amend section 22.404–6 by
removing from paragraphs (a)(3),
(b)(1)(i) and (ii), (b)(2) and (6), (c)(1),
and (d)(1)(ii), ‘‘WDOL’’ and adding
‘‘Wage Determinations at SAM.gov’’ in
its place, wherever it appears.
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22.1008–1
71325
[Amended]
17. Amend section 22.1008–1 by
removing from paragraphs (a), (c), (d),
and (e)(1), ‘‘WDOL’’ and adding ‘‘Wage
Determinations at SAM.gov’’ in its
place, wherever it appears.
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22.1008–2
[Amended]
18. Amend section 22.1008–2 by
removing from paragraphs (d)(2) and (3)
and (g) introductory text ‘‘WDOL’’ and
adding ‘‘Wage Determinations at
SAM.gov’’ in its place.
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22.1012–1
[Amended]
19. Amend section 22.1012–1 by
removing from paragraphs (a)(1)(i) and
(a)(2) ‘‘WDOL’’ and adding ‘‘Wage
Determinations at SAM.gov’’ in its
place.
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22.1012–2
[Amended]
20. Amend section 22.1012–2 by
removing from paragraph (d) ‘‘WDOL’’
and adding ‘‘Wage Determinations at
SAM.gov’’ in its place.
■
22.1903
[Amended]
21. Amend section 22.1903 by
removing from paragraph (c) ‘‘https://
www.wdol.gov’’ and adding ‘‘https://
www.sam.gov’’ in its place.
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22.1904
[Amended]
22. Amend section 22.1904 by
removing from paragraph (a)(2) ‘‘Wage
Determinations OnLine (WDOL), https://
www.wdol.gov’’ and adding ‘‘Wage
Determinations at SAM.gov, https://
www.sam.gov’’ in its place.
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PART 47—TRANSPORTATION
23. Amend section 47.202 by revising
paragraph (a) to read as follows:
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47.202
Presolicitation planning.
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(a) The Service Contract Labor
Standards statute requirement to obtain
a wage determination by accessing the
Wage Determinations at SAM.gov
website (https://www.sam.gov) using the
Wage Determinations at SAM.gov
process or by submitting a request
directly to the Department of Labor on
this website using the e98 process
before the issuance of an invitation for
bid, request for proposal, or
commencement of negotiations for any
contract exceeding $2,500 that may be
subject to the Service Contract Labor
Standards statute (see subpart 22.10);
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PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
■
24. Amend section 52.212–5 by—
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a. Revising the date of the clause;
b. Removing from paragraph (c)(7)
‘‘(NOV 2020)’’ and adding ‘‘(JAN 2022)’’
in its place;
■ c. Removing from paragraph
(e)(1)(xvii) ‘‘(NOV 2020)’’ and adding
‘‘(JAN 2022)’’ in its place; and
■ d. In Alternate II—
■ i. Revising the date of the Alternate;
and
■ ii. Removing from paragraph
(e)(1)(ii)(P) ‘‘(NOV 2020)’’ and adding
‘‘(JAN 2022)’’ in its place.
The revisions read as follows:
■
■
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Products
and Commercial Services.
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Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial
Products and Commercial Services
(JAN 2022)
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Alternate II (JAN 2022). * * *
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■ 25. Amend section 52.213–4 by—
■ a. Revising the date of the clause;
■ b. Revising paragraph (a)(2)(viii); and
■ c. Removing from paragraph (b)(1)(ix)
‘‘(NOV 2020)’’ and adding ‘‘(JAN 2022)’’
in its place.
The revisions read as follows:
*
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other than
Commercial Products and Commercial
Services).
*
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*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Products and Commercial Services)
(JAN 2022)
(a) * * *
(2) * * *
(viii) 52.244–6 Subcontracts for
Commercial Products and Commercial
Items (JAN 2022).
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*
■ 26. Amend section 52.222–55 by—
■ a. Revising the date of the clause; and
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b. Removing from paragraph (b)(2)
‘‘www.wdol.gov’’ and adding ‘‘https://
www.sam.gov’’ in its place.
The revision reads as follows:
■
52.222–55 Minimum Wages Under
Executive Order 13658.
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Minimum Wages Under Executive
Order 13658 (JAN 2022)
*
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27. Amend section 52.244–6 by—
a. Revising the date of the clause; and
b. Removing from paragraph (c)(1)(xv)
‘‘(NOV 2020)’’ and adding ‘‘(JAN 2022)’’
in its place.
The revision reads as follows:
■
■
■
52.244–6 Subcontracts for Commercial
Products and Commercial Services.
*
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*
*
Subcontracts for Commercial Products
and Commercial Services (JAN 2022)
*
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*
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[FR Doc. 2021–26802 Filed 12–14–21; 8:45 am]
BILLING CODE 6820–EP–P
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]]>Agencies
[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Rules and Regulations]
[Pages 71323-71326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26802]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 5, 6, 7, 8, 16, 22, 47, and 52
[FAC 2022-02; FAR Case 2021-003; Item I; Docket No. FAR-2021-0003;
Sequence No. 1]
RIN 9000-AO21
Federal Acquisition Regulation: Update to Certain Online
References in the FAR
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
[[Page 71324]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to replace FAR references to
Federal Business Opportunities (FBO.gov) and Wage Determinations Online
(WDOL.gov) websites with the System for Award Management (SAM.gov)
website because of their integration with and the increased
functionality of SAM.gov.
DATES: Effective January 14, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement
Analyst, at 202-501-1448 or by email at [email protected] for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or [email protected]. Please cite FAC 2022-02, FAR Case
2021-003.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are amending the Federal Acquisition Regulation
(FAR) to replace references to Federal Business Opportunities (FBO.gov)
and Wage Determinations Online (WDOL.gov) websites with the System for
Award Management (SAM.gov) website because of their integration with
and the increased functionality of SAM.gov.
The System for Award Management (SAM) is a Federal website that
consolidates the capabilities of Central Contractor Registration (CCR),
Online Representations and Certifications Applications (ORCA), and the
Excluded Parties List System (EPLS) and continues to evolve to
incorporate the capabilities of other systems used in Federal
procurement processes.
On April 26, 2021, legacy SAM.gov functionality was integrated with
beta.SAM.gov and renamed to SAM.gov. As a result of the integration,
SAM.gov now includes the site for users to execute actions formerly
accomplished on Federal Business Opportunities (FBO.gov) and Wage
Determinations Online (WDOL.gov). In response, the FAR needs to be
updated to remove obsolete names and URL references and incorporate in
their place the new SAM.gov website.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is 41 U.S.C. 1707. Subsection (a)(1) of 41
U.S.C. 1707 requires that a procurement policy, regulation, procedure,
or form (including an amendment or modification thereof) must be
published for public comment if it relates to the expenditure of
appropriated funds, and has either a significant effect beyond the
internal operating procedures of the agency issuing the policy,
regulation, procedure, or form, or has a significant cost or
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment, because it does not
have a significant effect or impose any new requirements on contractors
or offerors. The rule simply replaces FAR references to Federal
Business Opportunities (FBO.gov) and Wage Determinations Online
(WDOL.gov) with the System for Award Management (SAM.gov).
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products, Including Commercially
Available Off-the-Shelf (COTS) Items, or for Commercial Services
This rule simply replaces references to Federal Business
Opportunities (FBO.gov) and Wage Determinations Online (WDOL.gov) with
the System for Award Management (SAM.gov). This rule does not impose
any new requirements on contracts at or below the SAT, or to
acquisitions for commercial products (including COTS items) or for
commercial services.
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.
V. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD, GSA, and NASA will
send the rule and the ``Submission of Federal Rules Under the
Congressional Review Act'' form to each House of the Congress and to
the Comptroller General of the United States. A major rule cannot take
effect until 60 days after it is published in the Federal Register. The
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget has determined that this is not a major rule
under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not
apply to this rule, because a notice of proposed rulemaking and an
opportunity for public comment are not required to be given for this
rule under 41 U.S.C. 1707(a)(1) (see section III. of this preamble).
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
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. 3501-3521).
List of Subjects in 48 CFR Parts 2, 5, 6, 7, 8, 16, 22, 47, 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 2, 5, 6, 7, 8, 16,
22, 47, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 5, 6, 7, 8, 16, 22, 47,
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 2--DEFINITIONS OF WORDS AND TERMS
2.101 [Amended]
0
2. Amend section 2.101 in paragraph (b)(2), in the definition
``Governmentwide point of entry (GPE)'' by removing ``https://www.fbo.gov'' and adding ``https://www.sam.gov'' in its place.
PART 5--PUBLICIZING CONTRACT ACTIONS
5.102 [Amended]
0
3. Amend section 5.102 by removing from paragraph (a)(1) ``https://www.fbo.gov'' and adding ``https://www.sam.gov'' in its place.
5.201 [Amended]
0
4. Amend section 5.201 by removing from paragraph (d) ``https://www.fbo.gov'' and adding ``https://www.sam.gov'' in its place.
[[Page 71325]]
5.207 [Amended]
0
5. Amend section 5.207 by--
0
a. Removing from paragraphs (b) and (c)(19) ``https://www.fbo.gov'' and
adding ``https://www.sam.gov'' in their places, respectively; and
0
b. Removing from paragraph (e) ``https://www.fbo.gov/'' and adding
``https://www.sam.gov'' in its place.
5.704 [Amended]
0
6. Amend section 5.704 by removing from paragraph (b) introductory text
``https://www.fbo.gov'' and adding ``https://www.sam.gov'' in its
place.
5.705 [Amended]
0
7. Amend section 5.705 by removing from paragraphs (a)(2) introductory
text and (c) ``https://www.fbo.gov'' and adding ``https://www.sam.gov''
in their places, respectively.
PART 6--COMPETITION REQUIREMENTS
6.305 [Amended]
0
8. Amend section 6.305 by removing from paragraph (d)(1) ``https://www.fbo.gov'' and adding ``https://www.sam.gov'' in its place.
PART 7--ACQUISITION PLANNING
7.105 [Amended]
0
9. Amend section 7.105 by removing from paragraph (b)(16) ``https://www.fbo.gov'' and adding ``https://www.sam.gov'' in its place.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.405-6 [Amended]
0
10. Amend section 8.405-6 by removing from paragraph (a)(2)(i)(B)(1)
``https://www.fbo.gov'' and adding ``https://www.sam.gov'' in its
place.
8.602 [Amended]
0
11. Amend section 8.602 by removing from paragraphs (a)(4)(ii)(A) and
(B) ``FedBizOpps, also known as FBO'' and adding ``Contract
Opportunities at SAM.gov'' in its place.
PART 16--TYPES OF CONTRACTS
16.505 [Amended]
0
12. Amend section 16.505 by removing from paragraph (b)(2)(ii)(D)(2)(i)
``https://www.fbo.gov'' and adding ``https://www.sam.gov'' in its
place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
13. Amend section 22.001 by--
0
a. In the definition ``e98'' removing ``https://www.wdol.gov'' and
adding ``https://www.sam.gov'' in its place; and
0
b. Removing the definition of ``Wage Determinations OnLine (WDOL)'' and
adding a definition for ``Wage Determinations at SAM.gov'' in its
places.
The addition reads as follows:
22.001 Definitions.
* * * * *
Wage Determinations at SAM.gov means the Government internet
website for both Construction Wage Rate Requirements statute and
Service Contract Labor Standards statute wage determinations available
at https://www.sam.gov.
0
14. Amend section 22.404-1 by revising paragraph (a)(2) to read as
follows:
22.404-1 Types of wage determinations.
(a) * * *
(2) General wage determinations are published on the Wage
Determinations at SAM.gov website. General wage determinations are
effective on the publication date of the wage determination or upon
receipt of the wage determination by the contracting agency, whichever
occurs first. ``Publication'' within the meaning of this section shall
occur on the first date the wage determination is published on the Wage
Determinations at SAM.gov. Archived Construction Wage Rate Requirements
statute general wage determinations that are no longer current may be
accessed in the ``Archived DB WD'' database on Wage Determinations at
SAM.gov website for information purposes only. Contracting officers may
not use an archived wage determination in a contract action without
obtaining prior approval of the Department of Labor. To obtain prior
approval, contact the Department of Labor, Wage and Hour Division,
using https://www.sam.gov, or contact the procurement agency labor
advisor listed on https://www.sam.gov.
* * * * *
22.404-3 [Amended]
0
15. Amend section 22.404-3 by removing from paragraph (a) and paragraph
(b) introductory text ``WDOL'' and adding ``Wage Determinations at
SAM.gov'' in its place.
22.404-6 [Amended]
0
16. Amend section 22.404-6 by removing from paragraphs (a)(3),
(b)(1)(i) and (ii), (b)(2) and (6), (c)(1), and (d)(1)(ii), ``WDOL''
and adding ``Wage Determinations at SAM.gov'' in its place, wherever it
appears.
22.1008-1 [Amended]
0
17. Amend section 22.1008-1 by removing from paragraphs (a), (c), (d),
and (e)(1), ``WDOL'' and adding ``Wage Determinations at SAM.gov'' in
its place, wherever it appears.
22.1008-2 [Amended]
0
18. Amend section 22.1008-2 by removing from paragraphs (d)(2) and (3)
and (g) introductory text ``WDOL'' and adding ``Wage Determinations at
SAM.gov'' in its place.
22.1012-1 [Amended]
0
19. Amend section 22.1012-1 by removing from paragraphs (a)(1)(i) and
(a)(2) ``WDOL'' and adding ``Wage Determinations at SAM.gov'' in its
place.
22.1012-2 [Amended]
0
20. Amend section 22.1012-2 by removing from paragraph (d) ``WDOL'' and
adding ``Wage Determinations at SAM.gov'' in its place.
22.1903 [Amended]
0
21. Amend section 22.1903 by removing from paragraph (c) ``https://www.wdol.gov'' and adding ``https://www.sam.gov'' in its place.
22.1904 [Amended]
0
22. Amend section 22.1904 by removing from paragraph (a)(2) ``Wage
Determinations OnLine (WDOL), https://www.wdol.gov'' and adding ``Wage
Determinations at SAM.gov, https://www.sam.gov'' in its place.
PART 47--TRANSPORTATION
0
23. Amend section 47.202 by revising paragraph (a) to read as follows:
47.202 Presolicitation planning.
* * * * *
(a) The Service Contract Labor Standards statute requirement to
obtain a wage determination by accessing the Wage Determinations at
SAM.gov website (https://www.sam.gov) using the Wage Determinations at
SAM.gov process or by submitting a request directly to the Department
of Labor on this website using the e98 process before the issuance of
an invitation for bid, request for proposal, or commencement of
negotiations for any contract exceeding $2,500 that may be subject to
the Service Contract Labor Standards statute (see subpart 22.10);
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
24. Amend section 52.212-5 by--
[[Page 71326]]
0
a. Revising the date of the clause;
0
b. Removing from paragraph (c)(7) ``(NOV 2020)'' and adding ``(JAN
2022)'' in its place;
0
c. Removing from paragraph (e)(1)(xvii) ``(NOV 2020)'' and adding
``(JAN 2022)'' in its place; and
0
d. In Alternate II--
0
i. Revising the date of the Alternate; and
0
ii. Removing from paragraph (e)(1)(ii)(P) ``(NOV 2020)'' and adding
``(JAN 2022)'' in its place.
The revisions read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Products and Commercial Services.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Products and Commercial Services (JAN
2022)
* * * * *
Alternate II (JAN 2022). * * *
* * * * *
0
25. Amend section 52.213-4 by--
0
a. Revising the date of the clause;
0
b. Revising paragraph (a)(2)(viii); and
0
c. Removing from paragraph (b)(1)(ix) ``(NOV 2020)'' and adding ``(JAN
2022)'' in its place.
The revisions read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other than
Commercial Products and Commercial Services).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Products and Commercial Services) (JAN 2022)
(a) * * *
(2) * * *
(viii) 52.244-6 Subcontracts for Commercial Products and Commercial
Items (JAN 2022).
* * * * *
0
26. Amend section 52.222-55 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b)(2) ``www.wdol.gov'' and adding ``https://www.sam.gov'' in its place.
The revision reads as follows:
52.222-55 Minimum Wages Under Executive Order 13658.
* * * * *
Minimum Wages Under Executive Order 13658 (JAN 2022)
* * * * *
0
27. Amend section 52.244-6 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c)(1)(xv) ``(NOV 2020)'' and adding ``(JAN
2022)'' in its place.
The revision reads as follows:
52.244-6 Subcontracts for Commercial Products and Commercial
Services.
* * * * *
Subcontracts for Commercial Products and Commercial Services (JAN 2022)
* * * * *
[FR Doc. 2021-26802 Filed 12-14-21; 8:45 am]
BILLING CODE 6820-EP-P
