[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Rules and Regulations]
[Pages 34734-34741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16081]
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[[Page 34735]]
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 4, 5, 7, 8, 9, 12, 14, 15, 16, 19, 20, 25, 28,
32, 36, 45, 52, and 53
[FAC 90-29; FAR Case 91-104; Item II]
RIN 9000-AE46
Federal Acquisition Regulation; Electronic Contracting
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comment.
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SUMMARY: The Federal Acquisition Regulatory Council (FARC) is issuing
an interim rule to amend the Federal Acquisition Regulation (FAR) to
address the use of electronic commerce/electronic data interchange in
Government contracting. This regulatory action was subject to Office of
Management and Budget review under Executive Order 12866, dated
September 30, 1993.
DATES: Effective Date: July 3, 1995.
Comment Date: Comments should be submitted to the FAR Secretariat
at the address shown below on or before September 1, 1995 to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (VRS), 18th & F
Streets, NW, Room 4037, Attn: Ms. Beverly Fayson, Washington, DC 20405.
Please cite FAC 90-29, FAR case 91-104 in all correspondence related to
this case.
FOR FURTHER INFORMATION CONTACT:
Mr. Edward Loeb at (202) 501-4547 in reference to this FAR case. For
general information, contact the FAR Secretariat, Room 4037, GS
Building, Washington, DC 20405 (202) 501-4755. Please cite FAC 90-29
(FAR Case 91-104).
SUPPLEMENTARY INFORMATION:
A. Background
A proposed rule was published in the Federal Register at 58 FR
69588, December 30, 1993. The rule proposed amendments to the FAR to
remove any barriers to the use of electronic data interchange in
Government contracting. Thirty-six comments from ten respondents were
received during the public comment period. After evaluating the public
comments, another proposed rule was published because significant
changes to the rule published on December 30, 1993, were deemed to be
necessary.
A revised proposed rule was published in the Federal Register at 60
FR 12384, March 6, 1995. Eighteen comments were received in response to
the proposed rule.
This interim rule and the interim rule published elsewhere in this
issue under FAR case 94-770, Simplified Acquisition Procedures/FACENET,
are interdependent and are meant to be considered jointly.
B. Regulatory Flexibility Act
This interim rule is expected to 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 it
encourages broader use of electronic contracting, thereby improving
industry access to Federal contracting opportunities. The
implementation of Electronic Contracting and use of the Federal
Acquisition Computer Network (FACENET) will provide for electronic
exchange of acquisition information between the private sector and the
Federal Government that will increase the opportunities for vendors
currently doing business with the Government, particularly small
businesses. It is recognized that an initial start-up cost will be
incurred for the purchase of a personal computer, modem, software, and
telephone lines, estimated to be $1,500. Additionally, it is
anticipated that most small businesses will subscribe to third party
value added network (VAN) services to facilitate their communications
with the Government's computers. The cost of an advance subscription
ranges from approximately $30 to $100 per month, depending on the type
of services obtained. The interim rule does not duplicate, overlap, or
conflict with any other Federal rules. An Initial Regulatory
Flexibility Analysis (IRFA) has been prepared and may be obtained from
the FAR Secretariat. A copy of the IRFA will be submitted to the Chief
Counsel for Advocacy of the Small Business Administration. Comments are
invited from small businesses and other interested parties. Comments
from small entities concerning the affected FAR parts will also be
considered in accordance with 5 U.S.C. 610. Such comments must be
submitted separately and should cite 5 U.S.C. 601, et seq. (FAR case
91-104) in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the interim rule
does not impose any information collection requirements which require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
D. Determination to Issue an Interim Rule
A determination has been made by the Secretary of Defense (DOD),
the Administrator of General Services (GSA), and the Administrator of
the National Aeronautics and Space Administration (NASA) under the
authority provided by section 22 of the Office of Federal Procurement
Policy Act (41 U.S.C. 418b) to issue this regulation as an interim
rule.
The Simplified Acquisition Threshold Procedures/Federal Acquisition
Computer Network (SAT/FACNET) rule (FAR Case 94-770) and the Electronic
Contracting (EC) rule (FAR Case 91-104) benefit industry and Government
by enhancing efficiency of contracting in an environment of declining
personnel staffing and resulting increase in workload for contracting
personnel. The rules are linked and require simultaneous promulgation.
The proposed rules were published simultaneously in the Federal
Register on March 6, 1995, with the public comment period closing on
May 5, 1995. A public meeting was held on these rules on April 3, 1995,
and no substantive comments were presented at the meeting.
Section 22 of the Office of Federal Procurement Policy Act permits
issuance of procurement policies, regulations, procedures, or forms as
interim rules prior to consideration of public comments when urgent and
compelling circumstances make it impracticable to do otherwise. Urgent
and compelling reasons exist to make these rules effective prior to
full consideration of public comment. Proceeding with these interim
rules is required to permit the Federal Government to cope with the
fundamental downsizing of its acquisition workforce and the large end-
of-fiscal-year workload, with diminished resources. The Federal
Acquisition Streamlining Act of 1994 (FASA) and its provisions on SAT/
FACNET, provide relief from various burdens that affect the Government
acquisition process. For example, purchases under the new simplified
acquisition approach will become far less complex than today. Using
figures from the Department of Defense for
[[Page 34736]]
illustrative purposes, large purchase solicitations run 29 pages on the
average whereas non-automated small purchases are about 12 pages in
length, and automated small purchase solicitations, used by some DoD
purchasing activities, are even less, 1 to 2 pages. The beneficial
results of implementing these FASA provisions are evidenced further by
the time saved in awarding orders under the existing small purchase
procedures as opposed to contracts above the small purchase threshold
of $25,000. The current average lead-time for awards below $25,000 is
26 days, while above $25,000 the average lead-time is 90 days for
sealed bids and 210 days for competitive negotiations. These timeframes
will be reduced further by implementation of the simplified acquisition
authority in this rule by establishing reasonable timeframes for
submission of offers for simplified acquisitions in lieu of a rigid 30
days period. Through use of the simplified acquisition procedures for
actions not exceeding $50,000, the lead-time for approximately 30,000
contracts per year will be reduced to a fraction of the current lead-
time. Use of electronic commerce/electronic data interchange
capabilities at procurement activities certified to use FACNET will
reduce lead-times even further and will increase the number of
contracts affected to approximately 45,000, since FACNET users will be
able to use the newly authorized simplified acquisition threshold of
$100,000 rather than only $50,000 where FACNET has not been certified.
Use of electronic commerce/electronic data interchange at a DoD test
site reduced lead-time to 11 days. Reducing the lead-time will allow
the contracting community to be more responsive in spite of the already
reduced personnel resources, focus its efforts on more complex
procurements, reduce the cost of the procurement process for both
Government and industry, and provide better service to the direct users
of the acquisition system, and ultimately to the public.
FASA called for its implementation in the FAR by October 1, 1995,
or earlier. Due to the time required to fully consider, analyze, and
document the analysis of public comments received in response to these
proposed rules, it is unlikely that the rules could be published in the
FAR, promulgated to procurement personnel and contractors, have
procurement personnel and contractors trained, and have the new rules
in use by the beginning of the last quarter of the fiscal year. It is
essential that these rules be made effective by the beginning of the
last quarter of the fiscal year because of personnel downsizing that
has already occurred and that is expected before the end of the fiscal
year. Additionally, the workload in the last quarter of the fiscal year
is the most demanding of the fiscal year. Introduction of new
procedures and processes in the middle of that quarter would be
counterproductive to efficiency and would require operations to be
suspended while retraining of the workforce is accomplished. Therefore,
the regulations in FAC 90-29 must be effective no later than July 3,
1995, to provide the Federal acquisition workforce the labor and cost
saving benefits provided by the statute, or they must be delayed until
the end of the fiscal year so as not to interfere with acquisition
operations. Immediate implementation as an interim rule will permit
time for training of the acquisition workforce and FAR acquisition
procedures to be fully operational before the final quarter of FY 1995.
Pursuant to Public Law 98-577 and FAR 1.501, public comments
received in response to these interim rules and the prior proposed
rules will be considered in formulating the final rules.
List of Subjects in 48 CFR Parts 1, 2, 4, 5, 7, 8, 9, 12, 14, 15, 16,
19, 20, 25, 28, 32, 36, 45, 52, and 53
Government procurement.
Dated: June 26, 1995.
C. Allen Olson,
Director, Office of Federal Acquisition Policy.
Therefore, 48 CFR Parts 1, 2, 4, 5, 7, 8, 9, 12, 14, 15, 16, 19,
20, 25, 28, 32, 36, 45, 52, and 53 are amended as set forth below:
1. The authority citation for 48 CFR Parts 1, 2, 4, 5, 7, 8, 9, 12,
14, 15, 16, 19, 20, 25, 28, 32, 45, 52, and 53 continues to read as
follows:
Authority: 40 USC 486(c); 10 U.S.C. chapter 137; and 42 U.S.C.
2473(c).
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.105 [Amended]
2. Section 1.105 is amended in the FAR segment column by removing
entry ``14.406'' and inserting ``14.407'' in its place.
PART 2--DEFINITIONS OF WORDS AND TERMS
3. Section 2.101 is amended by adding, in alphabetical order, the
definitions ``In writing'' or written'' and signature'' or
``Signature'' or ``signed'' to read as follows:
2.101 Definitions.
* * * * *
In writing or written means any worded or numbered expression which
can be read, reproduced, and later communicated, and includes
electronically transmitted and stored information.
* * * * *
Signature or signed means the discrete, verifiable symbol of an
individual which, when affixed to a writing with the knowledge and
consent of the individual, indicates a present intention to
authenticate the writing. This includes electronic systems.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
4. Section 4.101 is revised to read as follows:
4.101 Contracting officer's signature.
Only contracting officers shall sign contracts on behalf of the
United States. The contracting officer's name and official title shall
be typed, stamped, or printed on the contract. The contracting officer
normally signs the contract after it has been signed by the contractor.
The contracting officer shall ensure that the signer(s) have authority
to bind the contractor (see specific requirements in 4.102 of this
subpart).
4.201 [Amended]
5 & 6. Section 4.201 is amended in paragraph (a) by removing the
parenthetical ``(see 4.101(b)),''; in paragraph (b)(1) by removing the
parenthetical ``(stamped ``DUPLICATE ORIGINAL,'' see 4.101(b))''; and
in paragraph (d) by revising the parenthetical ``(see 30.401(b)) to
read ``(see 30.601(b))''.
PART 5--PUBLICIZING CONTRACT ACTIONS
7. Section 5.101 is amended by adding paragraph (a)(2)(iv) to read
as follows:
5.101 Methods of disseminating information.
* * * * *
(a) * * *
(2) * * *
(iv) Electronic dissemination available to the public at the
contracting office may be used to satisfy the public display
requirement. Contracting offices utilizing electronic systems for
public posting shall periodically publicize the methods for accessing
such information.
* * * * *
8. Section 5.102(a)(4)(i) is revised to read as follows:
[[Page 34737]]
5.102 availability of solicitations.
(a) * * *
(4) * * *
(i) A copy of the solicitation specifications. In the case of
solicitations disseminated by electronic data interchange,
solicitations may be furnished directly to the electronic address of
the small business concern;
* * * * *
(9) Section 5.207 is amended by adding a new paragraph (c)(2)(xvii)
to read as follows:
5.207 Preparation and transmittal of synopses.
* * * * *
(c) * * *
(2) * * *
(xvii) If the solicitation will be made available to interested
parties through electronic data interchange, provide any information
necessary to obtain and respond to the solicitation electronically.
* * * * *
PART 7--ACQUISITION PLANNING
7.30 [Amended]
10. Section 7.304(b)(3) is amended in the first sentence by
adding'', or electronic equivalent,'' after the word ``envelope''.
11. Section 7.306(a)(1)(i) is revised to read as follows:
7.306 Evaluation.
* * * * *
(a)(1) * * *
(i) Open the sealed cost comparison on which the cost estimate for
Government performance has been entered;
* * * * *
7.307 [Amended]
12. Section 7.307 is amended in the first sentence of paragraph (b)
by removing ``14.407-8'' and inserting ``14.408-8'' in its place.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
13. Section 8.405-2 is amended by revising the first sentence of
the introductory text to read as follows:
8.405-2 Order placement.
Ordering offices may use Optional Form 347, an agency-prescribed
form, or an established electronic communications format to order items
from schedules and shall place orders directly with the contractor
within the limitations specified in each schedule. * * *
* * * * *
8.705-3 [Amended]
14. Section 8.705-3(a) is amended in the first sentence by removing
the word ``letter'' and inserting ``written'' in its place.
PART 9--CONTRACTOR QUALIFICATIONS
9.206-3 [Amended]
15. Section 9.206-3(b) is amended in the first sentence by removing
``requested copies of the solicitation'' and inserting ``expressed
interest in the acquisition'' in its place.
PART 12--CONTRACT DELIVERY OR PERFORMANCE
16. Section 12.103(e) is revised to read as follows:
12.103 Supplies or services.
* * * * *
(e) In invitations for bids, if the delivery schedule is based on
the date of the contract, and a bid offers delivery based on the date
the contractor receives the contract or notice of award, the
contracting officer shall evaluate the bid by adding 5 calendar days
(as representing the normal time for arrival through ordinary mail). If
the contract or notice of award will be transmitted electronically, (1)
the solicitation shall so state; and (2) the contracting officer shall
evaluate delivery schedule based on the date of contract receipt or
notice of award, by adding one working day. (The term ``working day''
excludes weekends and U.S. Federal holidays.) If the offered delivery
date computed with mailing or transmittal time is later than the
delivery date required by the invitation for bids, the bid shall be
considered nonresponsive and rejected. If award is made, the delivery
date will be the number of days offered in the bid after the contractor
actually receives the notice of award.
PART 14--SEALED BIDDING
17. Section 14.201-6(e)(1) is revised to read as follows:
14.201-6 Solicitation provisions.
* * * * *
(e) * * *
(1) 52.214-9, Failure to Submit Bid, except when using electronic
data interchange methods not requiring solicitation mailing lists; and
* * * * *
14.202-1 Bidding time.
18. Section 14.202-1(b)(6) is amended by removing the word
``mailing'' and inserting ``transmittal'' in its place.
19. Section 14.202-2(a)(1) is revised to read as follows:
14.202-2 Telegraphic bids.
(a) * * *
(1) The date for the opening of bids will not allow bidders
sufficient time to submit bids in the prescribed format; or
* * * * *
20. Section 14.202-8 is added to read as follows:
14.202-8 Electronic bids.
In accordance with subpart 4.5, contracting officers may authorize
use of electronic commerce for submission of bids. If electronic bids
are authorized, the solicitation shall specify the electronic commerce
method(s) that bidders may use.
21. Section 14.203-1 is revised to read as follows:
14.203-1 Transmittal to prospective bidders.
Invitations for bids or presolicitation notices shall be
transmitted as specified in 14.205, and shall be provided to others in
accordance with 5.102. When a contracting office is located in the
United States, any solicitation sent to a prospective bidder located at
a foreign address shall be sent by electronic data interchange or
international air mail if security classification permits.
22. Section 14.205-1(a) is revised to read as follows:
14.205-1 Establishment of lists.
(a) Solicitation mailing lists shall be established by contracting
activities to assure access to adequate sources of supplies and
services. This rule need not be followed, however, when (1) the
requirements of the contracting office can be obtained through use of
simplified acquisition procedures (see part 13), (2) the requirements
are nonrecurring, or (3) electronic commerce methods are used which
transmit solicitations or presolicitation notices automatically to all
interested sources participating in electronic contracting with the
purchasing activity. Lists may be established as a central list for use
by all contracting offices within the contracting activity, or as local
lists maintained by each contracting office.
* * * * *
23. Section 14.209(b) is amended by adding a second sentence to
read as follows:
14.209 Cancellation of invitations before opening.
* * * * *
(b) * * * For bids received electronically, the data received shall
not be viewed and shall be purged from primary and backup data storage
systems.
* * * * *
[[Page 34738]]
24. Section 14.301 is amended by adding paragraph (e) to read as
follows:
14.301 Responsiveness of bids.
* * * * *
(e) Bids submitted by electronic commerce shall be considered only
if the electronic commerce method was specifically stipulated or
permitted by the solicitation.
25. Section 14.303 is amended by revising the first sentence of
paragraph (a) and adding (c) to read as follows:
14.303 Mofification or withdrawal of bids.
(a) Bids may be modified or withdrawn by any method authorized by
the solicitation, if notice is received in the office designated in the
solicitation not later than the exact time set for opening of bids. * *
*
* * * * *
(c) Upon withdrawal of an electronically transmitted bid, the data
received shall not be viewed and shall be purged from primary and
backup data storage systems.
26. Section 14.304-1 is amended by removing the word ``either'' at
the end of paragraph (a) introductory text, by removing the word ``or''
at the end of paragraph (a)(2), by removing the period at the end of
paragraph (a)(3) and inserting ``; or'' in its place, and adding
paragraph (a)(4) to read as follows:
14.304-1 General.
* * * * *
(a) * * *
(4) It was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government not
later than 5:00 p.m. one working day prior to the date specified for
receipt of bids.
* * * * *
27. Section 14.401(a) is amended by revising the second sentence to
read as follows:
14.401 Receipt and safeguarding of bids.
(a) * * * Except as provided in paragraph (b) of this section, the
bids shall not be opened or viewed, and shall remain in a locked bid
box, a safe, or in a secured, restricted-access electronic bid box. * *
*
* * * * *
28. Section 14.402-3(a)(1) is revised to read as follows:
14.402-3 Postponement of openings.
(a) * * *
(1) The contracting officer has reason to believe that the bids of
an important segment of bidders have been delayed in the mails, or in
the communications system specified for transmission of bids, for
causes beyond their control and without their fault or negligence
(e.g., flood, fire, accident, weather conditions, strikes, or
Government equipment blackout or malfunction when bids are due); or
* * * * *
14.406 through 14.408-2 [Redesignated as 14.407 through 14.409-2; new
14.406 added]
29. Sections 14.406 through 14.406-4; 14.407 through 14.407-8; and
14.408, 14.408-1, and 14.408-2 are redesignated as 14.407 through
14.407-4; 14.408 through 14.408-8; and 14.409, 14.409-1, and 14.409-2,
respectively, and a new section 14.406 is added to read as follows:
14.406 Receipt of an unreadable electronic bid.
If a bid received at the Government facility by electronic data
interchange is unreadable to the degree that conformance to the
essential requirements of the invitation for bids cannot be
ascertained, the contracting officer immediately shall notify the
bidder that the bid will be rejected unless the bidder provides clear
and convincing evidence--
(a) Of the content of the bid as originally submitted; and
(b) That the unreadable condition of the bid was caused by
Government software or hardware error, malfunction, or other Government
mishandling.
30. Newly-redesignated section 14.407-2 is amended by adding
paragraph (c) to read as follows:
14.407-2 Apparent clerical mistakes.
* * * * *
(c) Correction of bids submitted by electronic data interchange
shall be effected by including in the electronic solicitation file the
original bid, the verification request, and the bid verification.
14.407-1, 14.407-3, 14.407-4, 14.408-6, and 14.409-2 [Amended]
30a. In addition to the amendments set forth above, newly-
redesignated sections 14.407-1 through 14.409-2 are amended by updating
the internal references as follows:
------------------------------------------------------------------------
Section Remove Insert
------------------------------------------------------------------------
14.407-1........................................ 14.406 14.407
14.407-3 intro. text............................ 14.406-3
14.406-2 14.407-3
14.407-2
14.407-3(e), (h) & (i).......................... 14.406-3 14.407-3
14.407-4(f)..................................... 14.406-4 14.407-4
14.408-6(c)..................................... 14.407-6 14.408-6
14.409-2........................................ 14.408-1 14.409-1
------------------------------------------------------------------------
PART 15--CONTRACTING BY NEGOTIATION
31. Section 15.402 is amended by adding paragraph (k) to read as
follows:
15.402 General.
* * * * *
(k) In accordance with subpart 4.5, contracting officers may
authorize use of electronic commerce for submission of offers. If
electronic offers are authorized, the solicitation shall specify the
electronic commerce method(s) that offerors may use.
32. Section 15.407(d)(3) is revised to read as follows:
15.407 Solicitation provisions.
* * * * *
(d) * * *
(3) Insert in RFP's the provision at 52.215-15, Failure to Submit
Offer, except when using electronic data interchange methods not
requiring solicitation mailing lists; and
* * * * *
33. Section 15.410(b) is revised to read as follows:
15.410 Amendment of solicitations before closing date.
* * * * *
(b) The contracting officer shall determine if the closing date
needs to be changed when amending a solicitation. If the time available
before closing is insufficient, prospective offerors or quoters shall
be notified by electronic data interchange, telegram, or telephone of
an extension of the closing date. Telephonic and telegraphic notices
shall be confirmed in the written amendment to the solicitation. The
contracting officer shall not award a contract unless any amendments
made to an RFP have been issued in sufficient time to be considered by
prospective offerors.
* * * * *
34. Section 15.412 is amended by revising the heading and adding
paragraph (h) to read as follows:
15.412 Late proposals, modifications, and withdrawals of proposals.
* * * * *
(h) Upon withdrawal of an electronically transmitted proposal, the
data received shall not be viewed and shall be purged from primary and
backup data storage systems.
35. Section 15.607 is amended by adding paragraph (d) to read as
follows:
15.607 Disclosure of mistakes before award.
* * * * *
(d) If a proposal received at the Government facility in electronic
format is unreadable to the degree that
[[Page 34739]]
conformance to the essential requirements of the solicitation cannot be
ascertained from the document, the contracting officer immediately
shall notify the offeror and provide the opportunity for the offeror to
submit clear and convincing evidence--
(1) Of the content of the proposal as originally submitted; and
(2) That the unreadable condition of the proposal was caused by
Government software or hardware error, malfunction, or other Government
mishandling.
15.607, 15.608, and 15.1005 [Amended]
36. In addition to the amendments set forth above, sections 15.607,
15.608 and 15.1005 are amended by updating the internal references as
follows:
------------------------------------------------------------------------
Section Remove Insert
------------------------------------------------------------------------
15.607(a)....................................... 14.406 14.407
15.608(c)....................................... 14.407-3 14.408-3
15.1005......................................... 14.406-4 14.407-4
------------------------------------------------------------------------
PART 16--TYPES OF CONTRACTS
16.203-2 [Amended]
37. Section 16.203-2 is amended in the last sentence of the
introductory text by removing ``14.407-4'' and inserting ``14.408-4''
in its place.
38. Section 16.506(c) is revised to read as follows:
16.506 Ordering.
* * * * *
(c) Orders may be placed by electronic commerce methods when
permitted under the contract.
* * * * *
PART 19--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
19.811-2 [Amended]
39. Section 19.811-2 is amended in the introductory text of
paragraph (a) by removing ``14.407-1(d)'' and inserting ``14.408-1(d)''
in its place.
PART 20--LABOR SURPLUS AREA CONCERNS
20.104 [Amended]
40. Section 20.104 is amended in paragraph (f) by removing
``14.407-6'' and inserting ``14.408-6'' in its place.
PART 25--FOREIGN ACQUISITION
25.405 [Amended]
41. Section 25.405 is amended in paragraph (e) by removing
``14.408-1(a)(2)'' and inserting ``14.409-1(a)(2)'' in its place.
PART 28--BONDS AND INSURANCE
28.101-4 [Amended]
42. Section 28.101-4 is amended in paragraph (c)(5) by removing
``14.406'' and inserting ``14.407'' in its place.
PART 32--CONTRACTING FINANCING
43. Section 32.503-1(b) is revised to read as follows:
32.503-1 Contractor requests.
* * * * *
(b) Comply with the instructions appropriate to the applicable
form, and the contract terms; and
* * * * *
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
36.304 [Amended]
44. Section 36.304 is amended in the introductory text by removing
``14.407'' and inserting ``14.408'' in its place.
PART 45--GOVERNMENT PROPERTY
45. Section 45.606-5 is amended by revising paragraphs (b)(3) and
(b)(4) to read as follows:
45.606-5 Instructions for preparing and submitting schedules of
contractor inventory.
* * * * *
(b) * * *
(3) The standard inventory schedule forms may be electronically
reproduced by contractors pursuant to 53.105, provided no change is
made to the name, content or sequence of the data elements. All
essential elements of data must be included and the form must be
signed.
(4) The appropriate continuation sheet shall be used when more
space is needed.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
46. Section 52.212-1 is amended by revising the date in the heading
of the clause and the fourth sentence in paragraph (b), and removing
``(R 7-104.92(b) 1974 APR)'', ``(R 1-1.316-5)'' and ``(R 1-1316-4(c))''
after ``(End of clause)'' to read as follows:
52.212-1 Time of Delivery.
* * * * *
Time of Delivery (Jul 1995)
* * * * *
(b) * * * However, the Government will evaluate an offer that
proposes delivery based on the Contractor's date of receipt of the
contract or notice of award by adding (i) five calendar days for
delivery of the award through the ordinary mails, or (ii) one
working day if the solicitation states that the contract or notice
of award will be transmitted electronically. (The term ``working
day'' excludes weekends and U.S. Federal holidays.) * * *
(End of clause)
* * * * *
47. Section 52.212-2 is amended by revising the date in the heading
of the clause and the fourth sentence in paragraph (b), and removing
``(R 7-104.92(c) 1974 APR)'', ``(R 1-1.316-5(c))'' and ``(R 1-1.316-
4(c))'' following ``(End of clause)'' to read as follows:
52.212-2 Desired and Required Time of Delivery.
* * * * *
Desired and Required Time of Delivery (Jul 1995)
* * * * *
(b) * * * However, the Government will evaluate an offer that
proposes delivery based on the Contractor's date of receipt of the
contract or notice of award by adding (i) five calendar days for
delivery of the award through the ordinary mails, or (ii) one
working day if the solicitation states that the contract or notice
of award will be transmitted electronically. (The term ``working
day'' excludes weekends and U.S. Federal holidays.) * * *
(End of clause)
* * * * *
48. Section 52.214-5 is amended by revising the date in the heading
of the provision and adding paragraph (d) to read as follows:
52.214-5 Submission of Bids.
* * * * *
Submission of Bids (Jul 1995)
* * * * *
(d) Bids submitted by electronic commerce shall be considered
only if the electronic commerce method was specifically stipulated
or permitted by the solicitation.
49. Section 52.214-7 is amended by revising the date in the
provision heading, at the end of paragraph (a)(2) by removing ``or'',
at the end of paragraph (a)(3) by removing the period and inserting '';
or'' in its place, and adding paragraph (a)(4) to read as follows:
52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.
* * * * *
Late Submissions, Modifications, and Withdrawals of Bids (Jul 1995)
(a) * * *
(4) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government
not later than 5:00 p.m., one
[[Page 34740]]
working day prior to the date specified for receipt of bids.
* * * * *
(End of provision)
50. Section 52.214-9 is amended by revising the introductory text,
the date in the heading of the provision, and the second sentence of
the provision, and by removing ``(R SF 33A, Para 6, 1978 JAN)'' after
``(End of provision)'' to read as follows:
52.214-9 Failure to Submit Bid.
As prescribed in 14.201-6(e)(1), insert the following provision in
invitations for bids:
Failure to Submit Bid (Jul 1995)
* * * Instead, they should advise the issuing office by letter,
postcard, or established electronic commerce methods, whether they
want to receive future solicitations for similar requirements.* * *
(End of provision)
51. Section 52.214-23 is amended by revising the date in the
heading of the provision, at the end of paragraph (a)(3) by removing
``or''; redesignating paragraph (a)(4) as (a)(5), and adding a new
paragraph (a)(4) to read as follows:
52.214-23 Late Submissions, Modifications, and Withdrawals of
Technical Proposals Under Two-Step Sealed Bidding.
* * * * *
Late Submissions, Modifications, and Withdrawals of Technical Proposals
Under Two-Step Sealed Bidding (Jul 1995)
(a) * * *
(4) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government
not later than 5:00 p.m. one working day prior to the date specified
for receipt of technical proposals; or
* * * * *
52. Section 52.214-32 is amended by revising the date in the
heading of the provision and paragraph (a) to read as follows:
52.214-32 Late Submissions, Modifications, and Withdrawals of Bids
(Overseas).
* * * * *
Late Submissions, Modifications, and Withdrawals of Bids (Overseas)
(Jul 1995)
(a) Any bid received at the office designated in the
solicitation after the exact time specified for receipt will not be
considered unless it is received before award is made and it--
(1) Was sent by mail or, if authorized by the solicitation, was
sent by telegram or via facsimile, and it is determined by the
Government that the late receipt was due solely to mishandling by
the Government after receipt at the Government installation; or
(2) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government
not later than 5:00 p.m. one working day prior to the date specified
for receipt of bids. The term ``working day'' excludes weekends and
U.S. Federal holidays.
* * * * *
53. Section 52.214-33 is amended by revising the date in the
heading of the provision, at the end of paragraph (a)(1) by removing
the word ``or'', redesignating paragraph (a)(2) as (a)(3), and adding a
new paragraph (a)(2) to read as follows:
52.214-33 Late Submissions, Modifications, and Withdrawals of
Technical Proposals Under Two-Step Sealed Bidding (Overseas).
* * * * *
Late Submissions, Modifications, and Withdrawals of Technical Proposals
Under Two-Step Sealed Bidding (Overseas) (Jul 1995)
(a) * * *
(2) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government
not later than 5:00 p.m. one working day prior to the date specified
for receipt of technical proposals. The term ``working day''
excludes weekends and U.S. Federal holidays; or
* * * * *
54. Section 52.215-9 is amended by revising the date in the
provision heading, redesignating paragraph (d) as (e), and adding a new
paragraph (d) to read as follows:
52.215-9 Submission of Offers.
* * * * *
Submission of Offers (Jul 1995)
(d) Offers submitted by electronic commerce shall be considered
only if the electronic commerce method was specifically stipulated
or permitted by the solicitation.
* * * * *
55. Section 52.215-10 is amended by revising the introductory text
and the date in the provision heading, at the end of (a)(3) by removing
the word ``or'', redesignating paragraph (a)(4) as (a)(5), and adding a
new paragraph (a)(4) to read as follows:
52.215-10 Late Submissions, Modifications, and Withdrawals of
Proposals.
As prescribed in 15.407(c)(6), insert the following provision:
Late Submissions, Modifications, and Withdrawals of Proposals (Jul
1995)
(a) * * *
(4) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government
not later than 5:00 p.m. one working day prior to the date specified
for receipt of proposals; or
* * * * *
56. Section 52.215-15 is revised to read as follows:
52.215-15 Failure to Submit Offer.
As prescribed in 15.407(d)(3), insert the following provision:
Failure to Submit Offer (Jul 1995)
Recipients of this solicitation not responding with an offer
should not return this solicitation, unless it specifies otherwise.
Instead, they should advise the issuing office by letter, postcard,
or established electronic commerce methods, whether they want to
receive future solicitations for similar requirements. If a
recipient does not submit an offer and does not notify the issuing
office that future solicitations are desired, the recipient's name
may be removed from the applicable mailing list.
(End of provision)
57. Section 52.215-36 is amended by revising the date in the
provision heading, at the end of paragraph (a)(1) by removing the word
``or'', redesignating paragraph (a)(2) as (a)(3), and adding a new
paragraph (a)(2) to read as follows:
52.215-36 Late Submissions, Modifications, and Withdrawals of
Proposals (Overseas).
* * * * *
Late Submissions, Modifications, and Withdrawals of Proposals
(Overseas) (Jul 1995)
(a) * * *
(2) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government
not later than 5:00 p.m. one working day prior to the date specified
for receipt of proposals; or
* * * * *
(End of provision)
52.223-3 [Amended]
58. Section 52.223-3, Alternate I, is amended by removing ``(NOV
1991)'' and inserting ``(JUL 1995)'' in its place, and in the second
sentence of paragraph (i)(1) by removing the word ``mail'' and
inserting ``transmit'' in its place.
59. Section 52.242-12 is amended by revising the date in the clause
heading and the second and third sentences of the clause to read as
follows:
52.242-12 Report of Shipment (REPSHIP).
* * * * *
Report of Shipment (Repship) (Jul 1995)
* * * The notice shall be transmitted by rapid means to be
received by the consignee transportation officer at least 24 hours
before the arrival of the shipment. The Government bill of lading,
commercial bill of lading or letter or other document that contains
all of
[[Page 34741]]
the following shall be addressed and sent promptly to the receiving
transportation officer. * * *
* * * * *
(End of clause)
60. Section 52.242-13 is amended by revising the date in the clause
and the first sentence of the clause to read as follows:
52.242-13 Bankruptcy.
* * * * *
Bankruptcy (Jul 1995)
In the event the Contractor enters into proceedings relating to
bankruptcy, whether voluntary or involuntary, the Contractor agrees
to furnish, by certified mail or electronic commerce method
authorized by the contract, written notification of the bankruptcy
to the Contracting Officer responsible for administering the
contract. * * *
61. Section 52.247-48 is amended by revising the introductory text,
the date in the clause heading, redesignating the introductory text of
the clause and paragraphs (a), (b), and (c) as (a) introductory text
(a)(1), (a)(2), and (a)(3), respectively, adding new paragraph (b), and
removing ``(R 7-104.76 1968 JUN)'' after ``(End of clause)'' to read as
follows:
52.247-48 F.o.b. Destination--Evidence of Shipment.
As prescribed in 47.305-4(c), insert the following clause:
F.O.B. Destination--Evidence of Shipment (Jul 1995)
* * * * *
(b) Electronic transmission of the information required by
paragraph (a) of this clause is acceptable.
(End of clause)
PART 53--FORMS
62. Section 53.105 is revised to read as follows:
53.105 Computer generation.
(a) Agencies may computer-generate the Standard and Optional Forms
prescribed in the FAR without exception approval (see 53.103),
provided--
(1) The form is in an electronic format that complies with Federal
Information Processing Standard Number 161; or
(2) There is no change to the name, content, or sequence of the
data elements, and the form carries the Standard or Optional Form
number and edition date.
(b) The forms prescribed by this part may be computer generated by
the public. Unless prohibited by agency regulations, forms prescribed
by agency FAR supplements may also be computer generated by the public.
Computer generated forms shall either comply with Federal Information
Processing Standard Number 161 or shall retain the name, content, or
sequence of the data elements, and shall carry the Standard or Optional
Form or agency number and edition date (see 53.111).
53.214 [Amended]
63. Section 53.214 is amended in paragraph (a) by removing
``14.407-1(d)'' and inserting ``14.408-1(d)(1)'' in its place.
[FR Doc. 95-16081 Filed 6-30-95; 8:45 am]
BILLING CODE 6820-EP-M