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Published Document: 2018-17836 (83 FR 42571)
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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 editorial changes and to update web links.
DATES:
Effective:
August 22, 2018.
FOR FURTHER INFORMATION CONTACT:
Ms. Lois Mandell, Regulatory Secretariat Division (MVCB), 1800 F Street NW, 2nd Floor, Washington, DC 20405, 202-501-4755. Please cite FAC 2005-100, Technical Amendments.
(b)
Elements of a supplementary PIID.
Use the supplementary PIID to identify amendments to solicitations and modifications to contracts, orders, and agreements. The supplementary PIID is reported as a separate data element used in conjunction with, but not appended to, the PIID.
(1)
Amendments to solicitations.
Number amendments to solicitations sequentially using a four position numeric serial number in addition to the 13-17 character PIID beginning with 0001.
(2)
Modifications to contracts, orders, and agreements.
Number modifications to contracts, orders, and agreements using a six position alpha or numeric, or a combination thereof, in addition to the 13-17 character PIID. For example, a modification could be numbered P00001. This would be in addition to the 13-17 character PIID illustrated in paragraph (a)(5) of this section.
16. Amend section 8.602 by removing from paragraphs (a)(4)(ii)(A) and (B) “FedBizOpps” and adding “FedBizOpps, also known as FBO” in their places, respectively.
23. Amend section 19.704 by removing from paragraph (a)(10)(iii) “contracts intended;” and adding “contracts with individual subcontracting plans where the contract is intended” in its place.
25. Amend section 22.001 by removing from the definition “ Administrator
or
Administrator, Wage and Hour Division”
the words “Employment Standards Administration,”.
40. Amend section 28.106-3 by removing from paragraph (a) “, and a copy of the form is furnished for this purpose in part 53 of the looseleaf edition of the FAR”.
(h) A copy of the Uniform Customs and Practice (UCP) for Documentary Credits, 2007 Edition, International Chamber of Commerce Publication No. 600, is available from: ICC Books USA, 1212 Avenue of the Americas, 21st Floor, New York, NY 10036; Phone: 212-703-5078; Fax: 212-391-6568; Email:
iccbooks@uscib.org;
Via the internet at:
http://www.uscib.org/ucp-600-ud-4465/.
46. Amend section 41.301 by removing from paragraph (a) “General Services Administration, Energy Center of Expertise, 301 7th Street SW, Room 4004, Washington, DC 20407” and adding “General Services Administration, Energy Division—PMA, 1800 F St NW, Washington, DC 20405; website: www.gsa.gov/energy;
Email:
energy@gsa.gov
” in its place.
PART 49—TERMINATION OF CONTRACTS
47. Revise the last sentence of section 49.602 to read as follows:
Instructions to Offerors—Commercial Items (AUG 2018)
* * * * *
(b) * * *
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
___(49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(Q)(
1) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(
2) Alternate I (JAN 2017) of 52.224-3.
(R) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
* * * * *
52. Amend section 52.213-4 by revising the date of the clause and paragraphs (a)(2)(viii) and (b)(1)(vii) to read as follows:
Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).
* * * * *
Terms and Conditions—Simplified Acquisitions (Other than Commercial Items) (AUG 2018)
(a) * * *
(2) * * *
(viii) 52.244-6, Subcontracts for Commercial Items (AUG 2018).
(b) * * *
(1) * * *
(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
b. Removing the erroneous paragraph (d), prior to paragraph (c)(1);
c. Removing from paragraph (d)(10)(iii) “contracts intended” and adding “contracts with individual subcontracting plans where the contract is intended” in its place;
d. Removing from paragraphs (d)(10)(vi) and (d)(10)(vii) “DUNS number” and adding “unique entity identifier” in its place;
e. In Alternate IV—
i. Revising the date of Alternate IV;
ii. Removing from paragraph (d)(10)(iii) “contract intended” and adding “contract with an individual subcontracting plan where the contract is intended” in its place; and
iii. Removing from paragraphs (d)(10)(vi) and (d)(10)(vii) “DUNS number” and adding “unique entity identifier” in its place.
Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.
* * * * *
Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)
* * * * *
63. Amend section 52.225-5 by revising the date of the clause and removing from paragraph (a), in the definition of “Caribbean Basin country end product” paragraph (1)(ii)(B) introductory text “ http://www.usitc.gov/tata/hts/
” and adding “
https://usitc.gov/tata/hts/index.htm
” in its place.
64. Amend section 52.225-18 by revising the date of the provision and removing from the introductory text of paragraph (a) “clause” and adding “provision” in its place.
(iv) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016), other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21.
(v) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(vi) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
* * * * *
(xv) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706), if flow down is required in accordance with paragraph (m) of FAR clause 52.222-62.
(xvi)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) if flow down is required in accordance with 52.224-3(f).
(B) Alternate I (JAN 2017) of 52.224-3, if flow down is required in accordance with 52.224-3(f) and the agency specifies that only its agency-provided training is acceptable).
The form prescriptions in subpart 53.2 and the FAR forms located at
https://www.gsa.gov/forms
contain current edition dates. Contracting officers shall use the current editions unless otherwise authorized under this regulation.
The following forms are prescribed for use in conducting preaward surveys of prospective contractors, as specified in 9.106-1, 9.106-2, and 9.106-4. These forms are authorized for local reproduction and can be found at the GSA Forms Library at
https://www.gsa.gov/forms.
(a) SF 1403 (Rev. 01/2014), Preaward Survey of Prospective Contractor (General).
(b) SF 1404 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Technical.
(c) SF 1405 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Production.
(d) SF 1406 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Quality Assurance.
(e) SF 1407 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Financial Capability.
(f) SF 1408 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Accounting System.
The following standard forms are prescribed for use for bond and
( printed page 42577)
insurance requirements, as specified in part 28. These forms can be found at the GSA Forms Library at
https://www.gsa.gov/forms.
All the following forms are authorized for local reproduction, except for SF 25B.
(a) SF 24 (Rev. 8/2016) Bid Bond. (See 28.106-1.)
(b) SF 25 (Rev. 8/2016) Performance Bond. (See 28.106-1(b).)
(c) SF 25A (Rev. 8/2016) Payment Bond. (See 28.106-1(c).)
(d) SF 25B (For Standard Forms 24, 25, and 25A) (Rev. 10/1983) Continuation Sheet for Standard Forms 24, 25 and 25A. (See 28.106-1(c).)
(e) SF 28 (Rev. 6/2003) Affidavit of Individual Surety. (See 28.106-1(e) and 28.203(b).)
(f) SF 34 (Rev 8/2016) Annual Bid Bond. (See 28.106-1(f).)
(g) SF 35 (Rev. 8/2016) Annual Performance Bond. (See 28.106-1.)
(h) SF 273 (Rev. 4/2013) Reinsurance Agreement for a Bonds statute Performance Bond. (See 28.106-1(h) and 28.202-1(a)(4).)
(i) SF 274 (Rev. 4/2013) Reinsurance Agreement for a Bonds statute Payment Bond. (See 28.106-1(i) and 28.202-1(a)(4).)
(j) SF 275 (Rev. 10/1998) Reinsurance Agreement in Favor of the United States. (See 28.106-1(j) and 28.202-1(a)(4).)
(k) SF 1414 (Rev. 05/1997), Consent of Surety.
(l) SF 1415 (Rev. 7/1993), Consent of Surety and Increase of Penalty. (See 28.108-1(l).)
(m) SF 1416 (Rev. 10/1998) Payment Bond for Other than Construction Contracts. (See 28.106-1(m).)
(n) SF 1418 (Rev. 2/1999) Performance Bond For Other Than Construction Contracts. (See 28.106-1(n).)
(o) OF 90 (Rev. 1/1990), Release of Lien on Real Property. (See 28.106-1(o) and 28.203-5(a).)
(p) OF 91 (Rev. 1/1990), Release of Personal Property from Escrow. (See 28.106-1(p) and 28.203-5(a).)
(a) The following forms are prescribed for use in connection with the termination of contracts, as specified in subpart 49.6. These forms are available at the GSA Forms Library at
https://www.gsa.gov/forms.
These forms are authorized for local reproduction except for SF 1034.
(1) SF 1034 (GAO), Public Voucher for Purchases and Services Other Than Personal. (See 49.302(a).)
(2) SF 1435 (Rev. 03/2016), Settlement Proposal (Inventory Basis). (See 49.602-1(a).)
(3) SF 1436 (Rev. 5/2004), Settlement Proposal (Total Cost Basis). (See 49.602-1(b).)
(4) SF 1437 (Rev. 9/1997), Settlement Proposal for Cost-Reimbursement Type Contracts. (See 49.602-1(c) and 49.302.)
(5) SF 1438 (Rev. 5/2004), Settlement Proposal (Short Form). (See 49.602-1(d).)
(6) SF 1439 (Rev. 7/1989), Schedule of Accounting Information. (See 49.602-3.)
(7) SF 1440 (Rev. 01/1995), Application for Partial Payment. (See 49.602-4.)
(b) SF 1428 (Rev. 6/2007), Inventory Disposal Schedule, and Standard Form 1429 (Rev. 1/2016), Inventory Disposal Schedule—Continuation Sheet, shall be used to support termination settlement proposals listed in paragraph (a) of this section, as specified in 49.602-2. These forms are available at the GSA Forms Library at
https://www.gsa.gov/forms.
This subpart identifies, in numerical sequence, Standard Forms (SF), Optional Forms (OF) and agency forms that are specified by the FAR for use in acquisitions.