This site displays a prototype of a “Web 2.0” version of the daily Federal Register. It is not an official legal edition of the Federal Register, and does not replace the official print version or the official electronic version on GPO’s govinfo.gov.
The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting it official legal status. For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA's archives.gov.
The OFR/GPO partnership is committed to presenting accurate and reliable regulatory information on FederalRegister.gov with the objective of establishing the XML-based Federal Register as an ACFR-sanctioned publication in the future. While every effort has been made to ensure that the material on FederalRegister.gov is accurately displayed, consistent with the official SGML-based PDF version on govinfo.gov, those relying on it for legal research should verify their results against an official edition of the Federal Register. Until the ACFR grants it official status, the XML rendition of the daily Federal Register on FederalRegister.gov does not provide legal notice to the public or judicial notice to the courts.
Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).
Final rule.
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to remove the requirement for contracting offices to establish and maintain manual solicitation mailing lists and the need to use the Standard Form (SF) 129, Solicitation Mailing List Application.
Effective Date: August 25, 2003.
The FAR Secretariat, Room 4035, GS Building, Washington, DC, 20405, (202) 501-4755, for information pertaining to status or publication schedules. For clarification of content, contact Mr. Ralph De Stefano, Procurement Analyst, at (202) 501-1758. Please cite FAC 2001-15, FAR case 2001-032.
In order to broaden use and reliance on e-business applications, the Councils have been working with the Office of Federal Procurement Policy to eliminate the need to maintain paper-based sources of contractor information. As part of this effort, the Councils have agreed to eliminate the SF 129, Solicitation Mailing List Application.
The SF 129 was created to enable contracting activities to obtain information from sources to develop a solicitation mailing list. At the time the form was developed, manual processes were the only means available to assure access to adequate sources of supplies and services. Today, by sharp contrast, there are multiple tools available to agencies that can provide the functionality of the SF 129, but in a more efficient and effective manner. With the Administration's encouragement, agencies are taking advantage of these tools. For example, an increasing number of agencies are requiring potential contractors to register in the Central Contractor Registration (CCR) System, a centrally located, searchable database, accessible via the Internet, as their tool of choice for developing, maintaining, and providing sources for future procurements. The CCR database enables prospective contractors to update their information in one place via a Web site. Contracting officers are now able to access, via the Internet, contractor data and industry information less expensively, and more efficiently identify sources for contracting opportunities. FAR changes are pending that will require use of CCR as the single validated source of data on contractors doing business with the Government (http://www.ccr.gov). Furthermore, agencies are continually working to develop new electronic means of matching interested businesses with Government contracting offices on “FedBizOpps,” http://www.FedBizOpps.gov, the designated single Governmentwide point of entry for public access to notices of procurement actions over $25,000. FedBizOpp, through its interested vendors list, has the capability to generate a list of vendors who are interested in a specific solicitation for purposes of teaming opportunities, subcontracting opportunities, and other business relationships. In light of these electronic initiatives, we have eliminated the manual collection of contractor data using the SF 129.
DoD, GSA, and NASA published a proposed rule in the Federal Register at 67 FR 67762, November 6, 2002. Three sources submitted comments in response to the proposed rule. All respondents agreed with the rule as published. One respondent pointed out a typographical error at 52.214-10. That error has been corrected. Additionally, the proposed rule inadvertently omitted the phrase “except for construction,” at 14.201-6(e), the prescription for the use of the provision at 52.214-10, Contract Award-Sealed Bidding. That language has been corrected in this final rule.
This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of Executive ( printed page 43856) Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not 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., because the rule substitutes efficient electronic databases for solicitation mailing lists and the SF 129, Solicitation Mailing List Application. Continued reliance on the SF 129 would unnecessarily promote inefficiency associated with paper-based processes. The successful phase-out of the paper-based Commerce Business Daily in favor of reliance on FedBizOpps demonstrates that the Federal contracting community, including small businesses, is successfully transitioning to greater use of electronic tools and their associated efficiencies to conduct business.
The Paperwork Reduction Act no long applies because the final rule eliminates reporting and recordkeeping requirements currently approved under OMB Control Number 9000-0002. This rule will reduce the current OMB inventory by 464,000 hours.
Dated: July 16, 2003.
Laura Auletta,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 5, 14, 19, 22, 36, 52, and 53 as set forth below:
1. The authority citation for 48 CFR parts 1, 5, 14, 19, 22, 36, 52, and 53 is revised to read as follows:
2. Amend section 1.106 in the table following the introductory paragraph by removing from FAR segment 14.205 its corresponding OMB Control Number “9000-0002” and adding “9000-0037” in its place; and by removing the FAR segments “14.205-4(c)” and “SF 129” and their corresponding OMB Control Numbers “9000-0037” and “9000-0002”, respectively.
3. Amend section 5.205 by revising the fourth sentence of paragraph (a) to read as follows:
(a) * * * Contracting officers must consider potential sources which respond to advance notices for a subsequent solicitation. * * *
4. Amend section 5.403 in paragraph (a) by removing “(a) Individual requests.”; and by removing paragraph (b).
5. Amend section 14.103-1 by removing paragraph (b) and redesignating paragraphs “(c)” and “(d)” as “(b)” and “(c)”, respectively.
6. Amend section 14.201-6 by revising paragraph (e) to read as follows:
(e) Insert in all invitations for bids, except those for construction, the provision at 52.214-10, Contract Award-Sealed Bidding.
7. Amend section 14.203-1 by revising the first sentence to read as follows:
Invitations for bids or presolicitation notices must be provided in accordance with 5.102. * * *
8. Revise section 14.205 and its section heading to read as follows:
In lieu of initially forwarding complete bid sets, the contracting officer may send presolicitation notices to concerns. The notice shall—
(a) Specify the final date for receipt of requests for a complete bid set;
(b) Briefly describe the requirement and furnish other essential information to enable concerns to determine whether they have an interest in the invitation; and
(c) Normally not include drawings, plans, and specifications. The return date of the notice must be sufficiently in advance of the mailing date of the invitation for bids to permit an accurate estimate of the number of bid sets required. Bid sets shall be sent to concerns that request them in response to the notice.
9. Remove sections 14.205-1 through 14.205-5.
10. Amend section 14.211 in the first sentence of paragraph (a) by removing “14.205-4(c)” and adding “14.205” in its place.
11. Amend section 14.503-1 by revising the introductory text of paragraph (a) to read as follows:
(a) Requests for technical proposals shall be synopsized in accordance with Part 5. The request must include, as a minimum, the following:
12. Amend section 19.202-2 by removing paragraph (a) and redesignating paragraphs “(b)” and “(c)” as “(a)” and “(b)”, respectively.
13. Amend section 19.202-4 by removing paragraph (c) and redesignating paragraph (d) as (c).
14. Amend section 19.402 in paragraph (c)(3) by removing the words “on solicitation mailing lists or”.
15. Amend section 22.1009-2 by revising paragraph (b) to read as follows:
(b) Databases available via the Internet for lists of prospective offerors and contractors.
16. Amend section 36.213-3 in the parenthetical in paragraph (d) by removing “14.205 and”.
17. Remove and reserve section 52.214-9.
18. Amend section 52.214-10 in the prescription by removing “14.201-6(e)(2)” and adding “14.201-6(e)” in its place.
19. Amend section 53.214 by removing and reserving paragraph (e).
20. Remove section 53.301-129.
[FR Doc. 03-18533 Filed 7-23-03; 8:45 am]
BILLING CODE 6820-EP-P