General Services Administration Acquisition Regulation; SAM Representation for Leases, 90238-90240 [2024-25967]
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90238
Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
2. Revise and republish section
215.305 to read as follows:
Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
telephone 703–717–8226.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS to make needed
editorial changes to add a pointer to
new text in DFARS Procedures,
Guidance, and Information.
Michaela Mastroianni, Procurement
Analyst, or Ms. Amy Lara, Procurement
Analyst, at gsarpolicy@gsa.gov or 816–
926–7172. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at
GSARegSec@gsa.gov or 202–501–4755.
Please cite GSAR Case 2020–G512.
SUPPLEMENTARY INFORMATION:
215.305
List of Subjects in 48 CFR Part 225
I. Background
PART 215—CONTRACTING BY
NEGOTIATION
1. The authority citation for 48 CFR
part 215 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
■
Proposal evaluation.
(a)(2) Past performance evaluation.
(A) When a past performance evaluation
is required by FAR 15.304, and the
solicitation includes the clause at FAR
52.219–8, Utilization of Small Business
Concerns, the evaluation factors shall
include the past performance of offerors
in complying with requirements of that
clause. When a past performance
evaluation is required by FAR 15.304,
and the solicitation includes the clause
at FAR 52.219–9, Small Business
Subcontracting Plan, the evaluation
factors shall include the past
performance of offerors in complying
with requirements of that clause.
(B) Contracting officers shall consider
an offeror’s failure to make a good faith
effort to comply with its comprehensive
subcontracting plan under the Test
Program described at 219.702–70 as part
of the evaluation of the past
performance.
(C) When evaluating the past
performance of an offeror that is a small
business concern in response to a
competitive solicitation, contracting
officers shall consider relevant past
performance information provided for
affiliates of the offeror.
[FR Doc. 2024–26055 Filed 11–14–24; 8:45 am]
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, the Defense Acquisition
Regulations System amends 48 CFR part
225 as follows:
PART 225—FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 225 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Add section 225.270 to subpart
225.2 to read as follows:
■
225.270
Energy savings service contracts.
If construction and construction
materials will be used during the
performance of a contract for DoD
energy savings service requirements, see
PGI 225.270 for additional guidance.
[FR Doc. 2024–26053 Filed 11–14–24; 8:45 am]
BILLING CODE 6001–FR–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 501, 552, and 570
BILLING CODE 6001–FR–P
[GSAR Case 2020–G512; Docket No. 2024–
0010; Sequence No. 1]
GSA published a proposed rule in the
Federal Register at 89 FR 21230 on
March 27, 2024, to amend the GSAR to
create a SAM registration provision
specific for the acquisitions of leasehold
interests in real property. This provision
was prompted by the implementation of
FAR Case 2015–005 (see 83 FR 48691),
which clarified the timing of registration
in the System for Award Management
(SAM). Effective October 2018, this FAR
case implemented the requirement for
an offeror to be registered in SAM prior
to the submission of an offer as opposed
to the offerer being registered prior to
award as was previously followed
before the FAR change. While leasing of
real property is not subject to the FAR,
GSA prescribed FAR clause 52.204–7 in
solicitations for the lease of real
property. It found this FAR amendment
had a significant effect on prospective
GSA lessors.
On February 12, 2020, GSA
established a GSA specific version of
the FAR clause to permit the completion
of SAM representation for leases prior to
award instead of prior to offer for
leasing companies. GSA would
therefore only require the apparent
awardee to complete the SAM
registration. This change will codify this
provision in the GSAR.
II. Discussion and Analysis
DEPARTMENT OF DEFENSE
RIN 3090–AK22
A. Analysis of Public Comments
Defense Acquisition Regulations
System
General Services Administration
Acquisition Regulation; SAM
Representation for Leases
GSA provided the public a 60-day
comment period (March 27, 2024, to
May 28, 2024). GSA did not receive any
comments from the public.
48 CFR Part 225
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
[Docket DARS–2024–0001]
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule; technical
amendment.
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to make needed
editorial changes.
DATES: Effective November 15, 2024.
SUMMARY:
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The General Services
Administration is issuing this final rule
amending the General Services
Administration Acquisition Regulation
(GSAR) to remove the requirement for
lease offerors to have an active System
for Award Management registration
when submitting offers and instead
allow offers up until the time of award
to obtain an active registration.
DATES: Effective December 16, 2024.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
SUMMARY:
AGENCY:
khammond on DSKJM1Z7X2PROD with RULES
Government procurement.
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Fmt 4700
Sfmt 4700
B. Summary of Changes
Two editorial fixes were made:
• GSA corrected the Office of
Management and Budget (OMB) Control
Number referenced in error in the
proposed rule and included the OMB
Control Number in GSAR 501.106 for
this final rule.
• The prescribed Alternate I
(552.270–35) language was erroneously
not included in the proposed rule. This
language is now included.
III. Expected Impact of the Rule
There were no public comments
received that are specific to the
E:\FR\FM\15NOR1.SGM
15NOR1
90239
Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations
economic impact statement of the rule.
As such, the analysis remains the same
as before. This rule is not expected to
have a significant impact to Government
or industry. This rule will reduce the
burden on leasing companies by
allowing offerors to complete SAM
representation for leases prior to award
instead of prior to offer. Completing
SAM representations prior to offer for
each property is time consuming for a
leasing company and burdensome to
effective competition. This will
streamline the process and encourage
competition, which will benefit the
Government.
khammond on DSKJM1Z7X2PROD with RULES
IV. Executive Orders 12866, 13563 and
14904
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. E.O. 14094 Modernizing
Regulatory Review (https://www.federal
register.gov/documents/2023/04/11/
2023-07760/modernizing-regulatoryreview) supplements and reaffirms the
principles, structures, and definitions
governing contemporary regulatory
review established in E.O. 12866 and
E.O. 13563. The Office of Information
and Regulatory Affairs (OIRA) has
determined this rule not to be a
significant regulatory action and,
therefore, is not subject to review under
section 6(b) of E.O. 12866, Regulatory
Planning and Review, dated September
30, 1993.
V. Congressional Review Act
OIRA has determined this rule is not
to be a ‘‘major rule’’ under 5 U.S.C.
804(2). The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a ‘‘major rule’’ may take
effect, the agency promulgating the rule
must submit a rule report, which
includes a copy of the rule, to each
House of the Congress and to the
Comptroller General of the United
States. The General Services
Administration will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule cannot take effect
VerDate Sep<11>2014
15:41 Nov 14, 2024
Jkt 265001
until 60 days after it is published in the
Federal Register.
VI. Regulatory Flexibility Act
GSA does 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. 601, et seq.
because it reduces the burden on small
business entities by allowing offerors to
complete SAM representation for leases
prior to award instead of prior to offer,
and does not implement new or
changed requirements. However, a Final
Regulatory Flexibility Analysis (FRFA)
has been prepared consistent with 5
U.S.C. 604.
The Regulatory Secretariat will
submit a copy of the FRFA to the Chief
Counsel for Advocacy of the Small
Business Administration. A copy of the
FRFA may be obtained from the
Regulatory Secretariat Division.
The analysis is summarized as
follows:
GSA is amending the GSAR to permit the
completion of the SAM representations at
award instead of at offer for lease
procurements.
There were no comments submitted and
therefore no significant issues raised by the
public in response to the initial regulatory
flexibility analysis.
Two editorial fixes were made:
• GSA corrected the OMB Control Number
referenced in error in the proposed rule and
included the OMB Control Number in GSAR
501.106 for this final rule.
• The prescribed Alternate I (552.270–35)
language was erroneously not included in the
proposed rule. This language is now
included.
The objective of the rule is to amend the
GSAR to amend Part 552, Solicitation
Provisions and Contract Clauses, of the GSAR
by creating Subsection 552.270–35, System
for Award Management—Leasing.
Title 40 of the United States Code (U.S.C.)
Section 121 authorizes GSA to issue
regulations, including the GSAR, to control
the relationship between GSA and
contractors.
GSA has approximately 8,000 leases in
total. Approximately 70 percent of leasing
entities were small entities. This information
is based on internal inventory data sources.
GSA does not expect this rule to have a
significant economic impact on a substantial
number of small business entities within the
meaning of the Regulatory Flexibility Act, at
5 U.S.C. 601. This rule reduces the burden
on small business entities by allowing
offerors to complete SAM representation for
leases prior to award instead of prior to offer,
and does not implement new or changed
requirements.
The rule involves reporting and
recordkeeping that are currently covered
under OMB Control Number 9000–0189,
Certain Federal Acquisition Regulation Part 4
Requirements. This rule does not include any
new reporting, recordkeeping, or other
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
compliance requirements for small business
entities.
This rule does not duplicate, overlap, or
conflict with any other Federal rules.
There are no known alternatives to this
rule which would accomplish the stated
objectives. This rule does not initiate or
impose any new administrative or
performance requirements on small business
contractors.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) does apply; however
these changes to the GSAR do not
impose additional information
collection requirements to the
paperwork burden previously approved
under the Office of Management and
Budget Control Number 9000–0189,
Certain Federal Acquisition Regulation
Part 4 Requirements.
List of Subjects in 48 CFR Parts 501,
552, and 570
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy, General Services Administration.
Therefore, GSA is amending 48 CFR
parts 501, 552, and 570 as set forth
below:
1. The authority citation for 48 CFR
parts 501, 552, and 570 continues to
read as follows:
■
Authority: 40 U.S.C. 121(c).
PART 501—GENERAL SERVICES
ADMINISTRATION ACQUISITION
REGULATION SYSTEM
2. In section 501.106, amend table 1
by adding in numerical order an entry
for ‘‘552.270–35’’.
The addition reads as follows:
■
501.106 OMB Approval under the
Paperwork Reduction Act.
*
*
*
*
*
TABLE 1 TO 501.106
OMB
control No.
GSAR reference
*
*
*
552.270–35 ...........................
*
*
*
*
*
9000–0189
*
*
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Add section 552.270–35 to read as
follows:
■
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90240
Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations
552.270–35 System for Award
Management—Leasing.
As prescribed in 570.702, insert the
following provision:
khammond on DSKJM1Z7X2PROD with RULES
System for Award Management—
Leasing (12/2024)
(a) Definitions. As used in this
provision—
Electronic Funds Transfer (EFT)
indicator means a four-character suffix
to the unique entity identifier. The
suffix is assigned at the discretion of the
commercial, nonprofit, or Government
entity to establish additional System for
Award Management records for
identifying alternative EFT accounts
(see subpart 32.11) for the same entity.
Registered in the System for Award
Management (SAM) means that—
(i) The Offeror has entered all
mandatory information, including the
unique entity identifier and the EFT
indicator, if applicable, the Commercial
and Government Entity (CAGE) code, as
well as data required by the Federal
Funding Accountability and
Transparency Act of 2006 (see subpart
4.14) into SAM;
(ii) The Offeror has completed the
Core, Assertions, Representations and
Certifications, and Points of Contact
sections of the registration in SAM;
(iii) The Government has validated all
mandatory data fields, to include
validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue
Service (IRS). The offeror will be
required to provide consent for TIN
validation to the Government as a part
of the SAM registration process; and
(iv) The Government has marked the
record ‘‘Active’’.
Unique entity identifier means a
number or other identifier used to
identify a specific commercial,
nonprofit, or Government entity. See
www.sam.gov for the designated entity
for establishing unique entity
identifiers.
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15:41 Nov 14, 2024
Jkt 265001
(b)(1) An Offeror is required to be
registered in SAM at time of award, and
shall maintain registration in SAM
during contract performance, and
through final payment of any contract,
basic agreement, basic ordering
agreement, or blanket purchasing
agreement resulting from this
solicitation.
(2) The Offeror shall enter, in the
block with its name and address on the
cover page of its offer, the annotation
‘‘Unique Entity Identifier’’ followed by
the unique entity identifier that
identifies the Offeror’s name and
address exactly as stated in the offer.
The Offeror also shall enter its EFT
indicator, if applicable. The unique
entity identifier will be used by the
Contracting Officer to verify that the
Offeror is registered in SAM.
(c) If the Offeror does not have a
unique entity identifier, it should
contact the entity designated at
www.sam.gov for establishment of the
unique entity identifier directly to
obtain one. The Offeror should be
prepared to provide the following
information:
(1) Company legal business name.
(2) Tradestyle, doing business, or
other name by which the entity is
commonly recognized.
(3) Company physical street address,
city, state, and Zip Code.
(4) Company mailing address, city,
state and Zip Code (if separate from
physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your
location.
(8) Chief executive officer/key
manager.
(9) Line of business (industry).
(10) Company headquarters name and
address (reporting relationship within
the entity).
(d) If the Offeror does not become
registered in the SAM database in the
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Frm 00020
Fmt 4700
Sfmt 9990
time prescribed by the Contracting
Officer, the Contracting Officer will
proceed to award to the next otherwise
successful registered Offeror.
(e) Processing time should be taken
into consideration when registering.
Offerors who are not registered in SAM
should consider applying for
registration immediately upon receipt of
the solicitation. See https://
www.sam.gov for information on
registration.
(End of provision)
Alternate I (12/2024).As prescribed in
570.702, substitute the following
paragraph (b)(1) for paragraph (b)(1) of
the basic provision:
(b)(1) An Offeror is required to be
registered in SAM as soon as possible.
If registration is not possible prior to
award, the Contractor shall be registered
in SAM within 30 days after award or
before three days prior to submission of
the first invoice, whichever occurs first.
PART 570—ACQUIRING LEASEHOLD
INTERESTS IN REAL PROPERTY
570.701
[Amended]
4. In section 570.701 amend the table
in paragraph (a), in the second column,
by removing the entry ‘‘52.204–7
System for Award Management.’’
■ 5. Amend section 570.702 by adding
in numerical order and entry for
‘‘552.270–35’’ to read as follows:
■
570.702
*
*
GSAR solicitation provisions.
*
*
*
552.270–35 System for Award
Management—Leasing (in lieu of FAR
52.204–7).
Use Alternate I of the provision for
procurements not providing for full and
open competition due to unusual or
compelling urgency.
[FR Doc. 2024–25967 Filed 11–14–24; 8:45 am]
BILLING CODE 6820–61–P
E:\FR\FM\15NOR1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Rules and Regulations]
[Pages 90238-90240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25967]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 501, 552, and 570
[GSAR Case 2020-G512; Docket No. 2024-0010; Sequence No. 1]
RIN 3090-AK22
General Services Administration Acquisition Regulation; SAM
Representation for Leases
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration is issuing this final rule
amending the General Services Administration Acquisition Regulation
(GSAR) to remove the requirement for lease offerors to have an active
System for Award Management registration when submitting offers and
instead allow offers up until the time of award to obtain an active
registration.
DATES: Effective December 16, 2024.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Michaela Mastroianni, Procurement Analyst, or Ms. Amy Lara,
Procurement Analyst, at [email protected] or 816-926-7172. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at [email protected] or 202-501-4755. Please
cite GSAR Case 2020-G512.
SUPPLEMENTARY INFORMATION:
I. Background
GSA published a proposed rule in the Federal Register at 89 FR
21230 on March 27, 2024, to amend the GSAR to create a SAM registration
provision specific for the acquisitions of leasehold interests in real
property. This provision was prompted by the implementation of FAR Case
2015-005 (see 83 FR 48691), which clarified the timing of registration
in the System for Award Management (SAM). Effective October 2018, this
FAR case implemented the requirement for an offeror to be registered in
SAM prior to the submission of an offer as opposed to the offerer being
registered prior to award as was previously followed before the FAR
change. While leasing of real property is not subject to the FAR, GSA
prescribed FAR clause 52.204-7 in solicitations for the lease of real
property. It found this FAR amendment had a significant effect on
prospective GSA lessors.
On February 12, 2020, GSA established a GSA specific version of the
FAR clause to permit the completion of SAM representation for leases
prior to award instead of prior to offer for leasing companies. GSA
would therefore only require the apparent awardee to complete the SAM
registration. This change will codify this provision in the GSAR.
II. Discussion and Analysis
A. Analysis of Public Comments
GSA provided the public a 60-day comment period (March 27, 2024, to
May 28, 2024). GSA did not receive any comments from the public.
B. Summary of Changes
Two editorial fixes were made:
GSA corrected the Office of Management and Budget (OMB)
Control Number referenced in error in the proposed rule and included
the OMB Control Number in GSAR 501.106 for this final rule.
The prescribed Alternate I (552.270-35) language was
erroneously not included in the proposed rule. This language is now
included.
III. Expected Impact of the Rule
There were no public comments received that are specific to the
[[Page 90239]]
economic impact statement of the rule. As such, the analysis remains
the same as before. This rule is not expected to have a significant
impact to Government or industry. This rule will reduce the burden on
leasing companies by allowing offerors to complete SAM representation
for leases prior to award instead of prior to offer. Completing SAM
representations prior to offer for each property is time consuming for
a leasing company and burdensome to effective competition. This will
streamline the process and encourage competition, which will benefit
the Government.
IV. Executive Orders 12866, 13563 and 14904
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.
E.O. 14094 Modernizing Regulatory Review (https://www.federalregister.gov/documents/2023/04/11/2023-07760/modernizing-regulatory-review) supplements and reaffirms the principles,
structures, and definitions governing contemporary regulatory review
established in E.O. 12866 and E.O. 13563. The Office of Information and
Regulatory Affairs (OIRA) has determined this rule not to be a
significant regulatory action and, therefore, is not subject to review
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated
September 30, 1993.
V. Congressional Review Act
OIRA has determined this rule is not to be a ``major rule'' under 5
U.S.C. 804(2). The Congressional Review Act, 5 U.S.C. 801 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a ``major rule'' may take effect,
the agency promulgating the rule must submit a rule report, which
includes a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. The General Services
Administration will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States. A
major rule cannot take effect until 60 days after it is published in
the Federal Register.
VI. Regulatory Flexibility Act
GSA does 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. 601, et seq. because it reduces the
burden on small business entities by allowing offerors to complete SAM
representation for leases prior to award instead of prior to offer, and
does not implement new or changed requirements. However, a Final
Regulatory Flexibility Analysis (FRFA) has been prepared consistent
with 5 U.S.C. 604.
The Regulatory Secretariat will submit a copy of the FRFA to the
Chief Counsel for Advocacy of the Small Business Administration. A copy
of the FRFA may be obtained from the Regulatory Secretariat Division.
The analysis is summarized as follows:
GSA is amending the GSAR to permit the completion of the SAM
representations at award instead of at offer for lease procurements.
There were no comments submitted and therefore no significant
issues raised by the public in response to the initial regulatory
flexibility analysis.
Two editorial fixes were made:
GSA corrected the OMB Control Number referenced in
error in the proposed rule and included the OMB Control Number in
GSAR 501.106 for this final rule.
The prescribed Alternate I (552.270-35) language was
erroneously not included in the proposed rule. This language is now
included.
The objective of the rule is to amend the GSAR to amend Part
552, Solicitation Provisions and Contract Clauses, of the GSAR by
creating Subsection 552.270-35, System for Award Management--
Leasing.
Title 40 of the United States Code (U.S.C.) Section 121
authorizes GSA to issue regulations, including the GSAR, to control
the relationship between GSA and contractors.
GSA has approximately 8,000 leases in total. Approximately 70
percent of leasing entities were small entities. This information is
based on internal inventory data sources.
GSA does not expect this rule to have a significant economic
impact on a substantial number of small business entities within the
meaning of the Regulatory Flexibility Act, at 5 U.S.C. 601. This
rule reduces the burden on small business entities by allowing
offerors to complete SAM representation for leases prior to award
instead of prior to offer, and does not implement new or changed
requirements.
The rule involves reporting and recordkeeping that are currently
covered under OMB Control Number 9000-0189, Certain Federal
Acquisition Regulation Part 4 Requirements. This rule does not
include any new reporting, recordkeeping, or other compliance
requirements for small business entities.
This rule does not duplicate, overlap, or conflict with any
other Federal rules.
There are no known alternatives to this rule which would
accomplish the stated objectives. This rule does not initiate or
impose any new administrative or performance requirements on small
business contractors.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply;
however these changes to the GSAR do not impose additional information
collection requirements to the paperwork burden previously approved
under the Office of Management and Budget Control Number 9000-0189,
Certain Federal Acquisition Regulation Part 4 Requirements.
List of Subjects in 48 CFR Parts 501, 552, and 570
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy, General Services Administration.
Therefore, GSA is amending 48 CFR parts 501, 552, and 570 as set
forth below:
0
1. The authority citation for 48 CFR parts 501, 552, and 570 continues
to read as follows:
Authority: 40 U.S.C. 121(c).
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM
0
2. In section 501.106, amend table 1 by adding in numerical order an
entry for ``552.270-35''.
The addition reads as follows:
501.106 OMB Approval under the Paperwork Reduction Act.
* * * * *
Table 1 to 501.106
------------------------------------------------------------------------
OMB control
GSAR reference No.
------------------------------------------------------------------------
* * * * *
552.270-35.............................................. 9000-0189
* * * * *
------------------------------------------------------------------------
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Add section 552.270-35 to read as follows:
[[Page 90240]]
552.270-35 System for Award Management--Leasing.
As prescribed in 570.702, insert the following provision:
System for Award Management--Leasing (12/2024)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier. The suffix is assigned at the
discretion of the commercial, nonprofit, or Government entity to
establish additional System for Award Management records for
identifying alternative EFT accounts (see subpart 32.11) for the same
entity.
Registered in the System for Award Management (SAM) means that--
(i) The Offeror has entered all mandatory information, including
the unique entity identifier and the EFT indicator, if applicable, the
Commercial and Government Entity (CAGE) code, as well as data required
by the Federal Funding Accountability and Transparency Act of 2006 (see
subpart 4.14) into SAM;
(ii) The Offeror has completed the Core, Assertions,
Representations and Certifications, and Points of Contact sections of
the registration in SAM;
(iii) The Government has validated all mandatory data fields, to
include validation of the Taxpayer Identification Number (TIN) with the
Internal Revenue Service (IRS). The offeror will be required to provide
consent for TIN validation to the Government as a part of the SAM
registration process; and
(iv) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to
identify a specific commercial, nonprofit, or Government entity. See
www.sam.gov for the designated entity for establishing unique entity
identifiers.
(b)(1) An Offeror is required to be registered in SAM at time of
award, and shall maintain registration in SAM during contract
performance, and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement
resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address
on the cover page of its offer, the annotation ``Unique Entity
Identifier'' followed by the unique entity identifier that identifies
the Offeror's name and address exactly as stated in the offer. The
Offeror also shall enter its EFT indicator, if applicable. The unique
entity identifier will be used by the Contracting Officer to verify
that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it
should contact the entity designated at www.sam.gov for establishment
of the unique entity identifier directly to obtain one. The Offeror
should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which the entity
is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate
from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship
within the entity).
(d) If the Offeror does not become registered in the SAM database
in the time prescribed by the Contracting Officer, the Contracting
Officer will proceed to award to the next otherwise successful
registered Offeror.
(e) Processing time should be taken into consideration when
registering. Offerors who are not registered in SAM should consider
applying for registration immediately upon receipt of the solicitation.
See https://www.sam.gov for information on registration.
(End of provision)
Alternate I (12/2024).As prescribed in 570.702, substitute the
following paragraph (b)(1) for paragraph (b)(1) of the basic provision:
(b)(1) An Offeror is required to be registered in SAM as soon as
possible. If registration is not possible prior to award, the
Contractor shall be registered in SAM within 30 days after award or
before three days prior to submission of the first invoice, whichever
occurs first.
PART 570--ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY
570.701 [Amended]
0
4. In section 570.701 amend the table in paragraph (a), in the second
column, by removing the entry ``52.204-7 System for Award Management.''
0
5. Amend section 570.702 by adding in numerical order and entry for
``552.270-35'' to read as follows:
570.702 GSAR solicitation provisions.
* * * * *
552.270-35 System for Award Management--Leasing (in lieu of FAR
52.204-7).
Use Alternate I of the provision for procurements not providing for
full and open competition due to unusual or compelling urgency.
[FR Doc. 2024-25967 Filed 11-14-24; 8:45 am]
BILLING CODE 6820-61-P
