Skip to Content

Rule

Federal Acquisition Regulation; Technical Amendment

Document Details

Information about this document as published in the Federal Register.

Enhanced Content

Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble Start Printed Page 11992

AGENCY:

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

ACTION:

Final rule.

SUMMARY:

This document makes an amendment to the Federal Acquisition Regulation (FAR) in order to make an editorial change.

DATES:

Effective: March 7, 2016.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Ms. Hada Flowers, Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202-501-4755. Please cite FAC 2005-87, Technical Amendments.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

In order to update certain elements in 48 CFR parts 4, 22, 25, 36, and 52 this document makes editorial changes to the FAR.

Start List of Subjects

List of Subject in 48 CFR Parts 4, 22, 25, 36, and 52

  • Government procurement
End List of Subjects Start Signature

Dated: February 29, 2016.

William Clark,

Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.

End Signature

Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 22, 25, 36, and 52 as set forth below:

Start Amendment Part

1. The authority citation for 48 CFR parts 4, 22, 36, and 52 continues to read as follow:

End Amendment Part Start Authority

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

End Authority Start Part

PART 4—ADMINISTRATIVE MATTERS

[Amended]
End Part Start Amendment Part

2. Amend section 4.1703 by removing from paragraph (a)(1) “type and estimated total value of the orders issued under the contract” and adding “type and estimated total value of each order under the contract” in its place.

End Amendment Part Start Part

PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

[Amended]
End Part Start Amendment Part

3. Amend section 22.1904 by removing from paragraph (b)(1) “for subcontractors.” and adding “for subcontractors).” in its place.

End Amendment Part Start Part

PART 25—FOREIGN ACQUISITION

End Part Start Amendment Part

4. The authority citation for part 25 is revised to read as follows:

End Amendment Part Start Authority

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

End Authority
[Amended]
Start Amendment Part

5. Amend section 25.1102 by removing from paragraph (d)(3) “use the clause” and adding “use the provision” in its place.

End Amendment Part Start Part

PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

[Amended]
End Part Start Amendment Part

6. Amend section 36.607 by removing from paragraph (b) “15.507(c).” and adding “and 15.507(c).” in its place.

End Amendment Part Start Part

PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

End Part Start Amendment Part

7. Amend section 52.212-3 by—

End Amendment Part Start Amendment Part

a. Revising the date of the provision;

End Amendment Part Start Amendment Part

b. In paragraph (h), following paragraph (h)(3), removing paragraphs (i)(1) and (2);

End Amendment Part Start Amendment Part

c. Adding paragraphs (p) and (q); and

End Amendment Part Start Amendment Part

d. Removing from Alternate I, paragraphs (p) and (q).

End Amendment Part

The revision and additions read as follows:

Offeror Representations and Certifications—Commercial Items.
* * * * *

Offeror Representations and Certifications—Commercial Items (MAR 2016)

* * * * *

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation).

(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.

(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:

Immediate owner CAGE code: ____.

Immediate owner legal name: ____.

(Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity: □ Yes or □ No.

(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:  ____.

Highest-level owner legal name: ____.

(Do not use a “doing business as” name)

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that—

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(2) The Offeror represents that—

(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

* * * * *
Start Amendment Part

8. Amend section 52.212-5 by:

End Amendment Part Start Amendment Part

a. Revising the date of the clause and paragraphs (c)(8) and (e)(1)(xv); and

End Amendment Part Start Amendment Part

b. In Alternate II, revising paragraph (e)(1)(ii)(N).

End Amendment Part

The revisions read as follows:

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 (MAR 2016)

* * * * *

(c) * * *

Start Printed Page 11993

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016).

* * * * *

(e)(1) * * *

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016).

* * * * *

Alternate II

* * *

(e)(1) * * *

(ii) * * *

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016).

* * * * *
Start Amendment Part

9. Amend section 52.213-4 by revising the date of the clause and paragraph (b)(1)(ix) to read as follows:

End Amendment Part
Terms and Conditions—Simplified Acquisitions (Other than Commercial Items).
* * * * *

Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (MAR 2016)

* * * * *

(b) * * *

(1) * * *

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

* * * * *
End Supplemental Information

[FR Doc. 2016-04774 Filed 3-4-16; 8:45 am]

BILLING CODE 6820-EP-P