[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Proposed Rules]
[Pages 48354-48379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23169]



[[Page 48353]]


_______________________________________________________________________

Part V

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Parts 1, et al.



Federal Acquisition Regulation; Certification Requirements; Proposed 
Rule

  Federal Register / Vol. 61, No. 178 / Thursday, September 12, 1996 / 
Proposed Rules  

[[Page 48354]]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 3, 4, 6, 8, 9, 12, 14, 16, 19, 22, 23, 25, 27, 29, 
31, 32, 36, 37, 42, 45, 47, 49, 52 and 53

[FAR Case 96-312]
RIN 9000-AH23


Federal Acquisition Regulation; Certification Requirements

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Administrator of the Office of Federal Procurement Policy 
has requested that the Civilian Agency Acquisition Council and the 
Defense Acquisition Regulations Council issue a proposal to amend the 
Federal Acquisition Regulation (FAR) to remove particular certification 
requirements for contractors and offerors. This regulatory action was 
not subject to Office of Management and Budget review under Executive 
Order 12866, dated September 30, 1993. This is not a major rule under 5 
U.S.C. 804.

DATES: Comments should be submitted on or before November 12, 1996 to 
be considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (MVRS), 18th and F 
Streets, NW., Room 4037 Washington, DC 20405.
    Please cite FAR case 96-312 in all correspondence related to this 
case.

FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 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 FAR case 96-312.

SUPPLEMENTARY INFORMATION:

A. Background

    The Administrator of the Office of Federal Procurement Policy has 
reviewed the certifications in the FAR. The Federal Acquisition 
Regulatory Council (FARC) has made recommendations as to the retention 
of certain certifications and the Administrator has approved the 
retention of certifications discussed herein. As a result, the 
Administrator has issued a proposal which we are now publishing on 
behalf of the Administrator of Federal Procurement Policy as a proposed 
rule.
    This proposed rule amends FAR Parts 1, 3, 4, 6, 8, 9, 12, 14, 16, 
19, 22, 23, 25, 27, 29, 31, 32, 36, 37, 42, 45, 47, 49, 52 and 53 to 
remove particular certification requirements for contractors and 
offerors. The proposed rule implements Section 4301b of the National 
Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106). 
Section 4301b requires the Administrator, Office of Federal Procurement 
Policy, to issue for public comment a proposal to remove from the FAR 
those certification requirements for contractors and offerors that are 
not specifically imposed by statute. The Administrator may omit such a 
certification only if (1) The FAR Council provides the Administrator 
with a written justification for the requirement and a determination 
that there is no less burdensome means for administering and enforcing 
the particular regulation that contains the certification requirement; 
and (2) the Administrator approves in writing the retention of the 
certification requirement.
    The proposed rule implements Section 4301b by removing 
certification requirements for contractors and offerors not 
specifically imposed by statute. A separate FAR case 96-013 has been 
initiated to identify and delete any representations that place an 
unnecessary burden on contractors and offerors.
    Review of certifications imposed by the Small Business 
Administration revealed that representations, not certifications, were 
imposed by the Small Business Act (15 U.S.C. 645(d)). Therefore, in the 
FAR text at 19.001, 19.301, 19.703 and the provisions at 52.219-1, 
52.219-15, 52.219-18, 52-219-19, and 52-219-21, representations have 
been substituted for certifications. These representations will be 
reviewed under FAR case 96-013.
    Review of certifications contained in the FAR, revealed that 
several certifications are required by outside source documents. For 
example, the following certifications are required by Department of 
Labor regulations: FAR 52.222-8, Payrolls and Basic Records; FAR 
52.222-15, Eligibility under the Davis Bacon Act; FAR 52.222-41 (n) and 
(p), Service Contract Act; FAR 52.222-48 Exemption from the Service 
Contract Act for ADP services; and FAR 52.222-21, Certification of 
Nonsegregated Facilities. Also, the following certifications are 
required by Executive order: FAR 22.1020, Seniority Lists; and FAR 
52.223-13, Toxic Chemical Release Reporting. The following 
certifications are required by regulations issued by the Cost 
Accounting Standards Board: FAR Provision 52.230-1, Appendix B; FAR 
30.201-3, 30.201-4, 30.202-6, and 30.602-1. The disposition of these 
certifications will not be covered by this proposal, but in accordance 
with section 4301(b)(1)(B) of the Federal Acquisition Reform Act, and 
under the authority of the Department of Labor with regard to the labor 
certifications; and by the Office of Management and Budget, with regard 
to those required by Executive order and the Cost Accounting Standards 
Board.
    The FAR certifications for contractors and offerors proposed for 
elimination are summarized below:

                             FAR Certification Requirements Recommended for Deletion                            
----------------------------------------------------------------------------------------------------------------
             FAR cite                     Clause/provision No.                Title                Remarks      
----------------------------------------------------------------------------------------------------------------
3.502-2(i)(1)....................  .................................  Subcontractor         Revise language to  
                                                                       kickbacks.            delete             
                                                                                             certification.     
4.102(d).........................  .................................  Joint ventures......  Revise language to  
                                                                                             delete             
                                                                                             certification.     
1.106............................  52.208-1.........................  Required Sources for  Delete clause.      
6.302-3(b)(1)(viii)                                                    Jewel Bearings and                       
                                                                       Related Items.                           
8.002............................  52.208-2.........................  Jewel Bearing and     Delete provision.   
8.2                                                                    Related Items                            
12.504(a)(16)                                                          Certificate.                             
9.505-4(c).......................  52.209-7.........................  Organizational        Revise language to  
                                                                       Conflicts of          delete             
                                                                       Interest              certification.     
                                                                       Certificate--Market                      
                                                                       ing Consultants.                         
9.506(a).........................  .................................  Procedures            Revise language to  
                                                                       (Organizational       delete             
                                                                       Conflict of           certification.     
                                                                       Interest).                               

[[Page 48355]]

                                                                                                                
9.506(d)(4)......................  .................................  Procedures            Revise language to  
                                                                       (Organizational       delete certificate.
                                                                       Conflict of                              
                                                                       Interest).                               
1.106............................  52.209-7.........................  Organizational        Delete provision.   
9.507-1                                                                Conflict of                              
                                                                       Interest--Marketing                      
                                                                       Consultant.                              
1.106............................  52.209-8.........................  Organizational        Delete provision.   
9.507-1                                                                Conflict of                              
                                                                       Interest--Advisory/                      
                                                                       Assistance Services.                     
9.507-1(d).......................  .................................  Organizational        Delete language--   
                                                                       Conflict of           Language refers to 
                                                                       Interest.             FAR clauses 52.209-
                                                                                             7 and -8.          
12.503...........................  52.212-3.........................  Offeror               Revised language to 
                                                                       Representations and   reflect revisions  
                                                                       Certifications--Com   in this proposal.  
                                                                       mercial Items Minor                      
                                                                       informalities or                         
                                                                       irregularities in                        
                                                                       bids.                                    
14.405(f)........................  .................................  ....................  Revise language to  
                                                                                             specify            
                                                                                             representations in 
                                                                                             lieu of            
                                                                                             certifications. FAR
                                                                                             52.222-22 and      
                                                                                             52.222-25 are      
                                                                                             representations as 
                                                                                             required by        
                                                                                             statute, not       
                                                                                             certifications.    
16.306(d)(2).....................  .................................  Level of effort.....  Revise language to  
                                                                                             delete             
                                                                                             certification      
                                                                                             requirement.       
19.001...........................  52.219-1.........................  Small Business        Revise language to  
19.301                                                                 Program               delete             
                                                                       Representation.       certification      
                                                                                             requirement and    
                                                                                             substitute         
                                                                                             representations as 
                                                                                             required by law.   
19.703...........................  52.219-18........................  Notification of                           
                                                                       Competition Limited                      
                                                                       to Eligible 8a                           
                                                                       Concerns.                                
                                   52.219-19........................  SB Concern                                
                                                                       Representation for                       
                                                                       SB Competitiveness                       
                                                                       Demonstration                            
                                                                       Program.                                 
                                   52.219-21........................  SB Size                                   
                                                                       Representation for                       
                                                                       Targeted Industry                        
                                                                       Categories Under                         
                                                                       the SB                                   
                                                                       Competitiveness                          
                                                                       Demonstration                            
                                                                       Program.                                 
19.303(c)(2).....................  .................................  Determining Product   Revise language to  
19.303(c)(3)                                                           or Service            delete             
                                                                       Classifications.      certification      
                                                                                             requirement.       
9.501(h)(1)......................  .................................  General (self-        Revise language to  
                                                                       certification).       delete             
                                                                                             certification      
                                                                                             requirement.       
                                   152.219-15 (b) & (c).............  Notice of             Delete clause.      
                                                                       Participation by                         
                                                                       Organizations for                        
                                                                       the Handicapped.                         
23.105...........................  52.223-1.........................  Clean Air and Water   Revise language to  
23.106                                                                 Certification.        delete             
                                                                                             certification      
                                                                                             requirement.       
23.302(d)(1).....................  .................................  Policy--Hazardous     Revise language to  
                                                                       material.             delete             
                                                                                             certification      
                                                                                             requirement.       
                                   52.223-3.........................  Hazardous Material    Revise language to  
                                                                       Identification and    delete             
                                                                       Material Safety       certification      
                                                                       Data.                 requirement.       
23.601(c)........................  52.223-7.........................  Notice of             Revise language to  
                                                                       Radioactive           delete             
                                                                       Materials.            certification if   
                                                                                             prior conditions   
                                                                                             are not changed.   
25.109(a)........................  52.225-1.........................  Buy American          Revise language to  
                                                                       Certificate.          delete             
                                                                                             certification      
                                                                                             requirement.       
25.305...........................  52.225-6.........................  Balance of Payments   Revise language to  
                                                                       Program Certificate.  delete             
                                                                                             certification      
                                                                                             requirement.       
                                   52.225-7.........................  Balance of Payment                        
                                                                       Program.                                 
25.408(a)(1).....................  52.225-8.........................  Buy American Act--    Revise language to  
                                                                       Trade Agreements--    delete             
                                                                       Balance of Payments   certification      
                                                                       Program Certificate.  requirement.       
25.408(a)(2).....................  52.225-9.........................  Buy American Act--    Revise language to  
                                                                       Trade Agreements--    delete certificate 
                                                                       Balance of Payments   requirement.       
                                                                       Program.                                 
25.408(a)(4).....................  52.225-21........................  Buy American Act--    Revise language to  
                                                                       North American Free   delete             
                                                                       Trade Agreement       certification      
                                                                       (NAFTA)               requirement.       
                                                                       Implementation Act--                     
                                                                       Balance of Payments                      
                                                                       Program.                                 
25.408(b)........................  .................................  Solicitation          Revise language to  
                                                                       provisions and        delete             
                                                                       contract clauses.     certification      
                                                                                             requirement.       
27.303(e)........................  .................................  Patent Rights--       Revise language to  
                                                                       Retention by the      delete             
                                                                       Contractor (Short     certification      
                                                                       form).                requirement.       
27.406...........................  52.227-12........................  Patent Rights--       Revise language to  
27.409(q)                                                              Retention by the      require declaration
                                                                       Contractor.           in lieu of         
                                                                                             certification, as  
                                                                                             required by        
                                                                                             statute.           
                                   52.227-13........................  Patent Rights--                           
                                                                       Acquisition by the                       
                                                                       Government.                              
                                   52.227-21........................  Technical Data                            
                                                                       Certification,                           
                                                                       Revision, and                            
                                                                       Withholding of                           
                                                                       Payment--Major                           
                                                                       Systems.                                 
29.305(b)(3).....................  .................................  State and local tax   Revise language to  
                                                                       exemptions.           delete             
                                                                                             certification      
                                                                                             requirement.       
31.110...........................  52.242-4.........................  Certification of      Revise language to  
42.703-2                                                               Indirect Costs.       delete nonstatutory
                                                                                             certification.     

[[Page 48356]]

                                                                                                                
31.205-22(d) and (e).............  .................................  Legislative Lobbying  Revise language to  
                                                                       costs.                delete             
                                                                                             certification      
                                                                                             requirement.       
32.805...........................  .................................  Procedures            Revise language to  
                                                                       (Assignments).        delete             
                                                                                             certification      
                                                                                             requirement.       
36.205(b)(3).....................  .................................  Statutory cost        Revise language to  
                                                                       limitations.          delete             
                                                                                             certification      
                                                                                             requirement.       
37.402...........................  52.237-7.........................  Indemnification and   Revise language to  
                                                                       Medical Liability     require evidence in
                                                                       Insurance.            lieu of            
                                                                                             certification.     
45.606-1.........................  .................................  Submission..........  Revise language to  
                                                                                             delete             
                                                                                             certification      
                                                                                             requirement.       
                                   52.245-8.........................  Liability for the     Revise language to  
                                                                       Facilities.           delete             
                                                                                             certification      
                                                                                             requirement.       
47.303-17(d)(3)(ii)..............  .................................  Contractor-prepaid    Revise language to  
                                                                       commercial bills of   delete             
                                                                       lading, small         certification      
                                                                       package shipments.    requirement.       
47.305-11(b).....................  52.247-54........................  Diversion of          Delete clause.      
                                                                       Shipment under                           
                                                                       F.o.b. Destination                       
                                                                       Contracts.                               
47.403-3.........................  .................................  Disallowance of       Revise language to  
                                                                       expenditures.         delete             
                                                                                             certification      
                                                                                             requirement.       
                                   52.247-2.........................  Permits,              Revise language to  
                                                                       Authorities, or       delete             
                                                                       Franchises.           certification      
                                                                                             requirement.       
47.404...........................  52.247-63........................  Preference for U.S.-  Revise language to  
                                                                       Flag Air Carriers.    delete             
                                                                                             certification      
                                                                                             requirement.       
                                                                                            49 U.S.C. 40118     
                                                                                             directs agencies to
                                                                                             ensure             
                                                                                             transportation is  
                                                                                             by U.S. carriers.  
49.108-3(b)......................  .................................  Settlement            Revise language to  
                                                                       procedures.           delete             
                                                                                             certification      
                                                                                             requirement.       
                                   52.209-3.........................  First Article         Revise language to  
                                                                       Approval (Alt I).     delete             
                                                                                             certification      
                                                                                             requirement.       
                                   52.209-4.........................  First Article         Revise language to  
                                                                       Approval (Alt I).     delete             
                                                                                             certification      
                                                                                             requirement.       
                                   52.215-35........................  Annual                Revise language to  
                                                                       Representations and   require            
                                                                       Certifications--Neg   acknowledgment in  
                                                                       otiation.             lieu of            
                                                                                             certification.     
                                   52.216-2.........................  Economic Price        Revise language to  
                                                                       Adjustment--Standar   delete             
                                                                       d Supplies.           certification      
                                                                                             requirement.       
                                   52.216-3.........................  Economic Price        Revise language to  
                                                                       Adjustment--Semista   delete             
                                                                       ndard--Supplies.      certification      
                                                                                             requirement.       
                                   52.216-4.........................  Economic Price        Revise language to  
                                                                       Adjustment--Labor/    delete             
                                                                       Material.             certification      
                                                                                             requirement.       
                                   52.228-5.........................  Insurance--Work on a  Revise language to  
                                                                       Government            delete             
                                                                       Installation.         certification      
                                                                                             requirement.       
                                   52.228-8.........................  Liability and         Revise language to  
                                                                       Insurance--Leased     delete             
                                                                       Motor Vehicles.       certification      
                                                                                             requirement.       
                                   52.228-9.........................  Cargo Insurance.....  Revise language to  
                                                                                             delete             
                                                                                             certification      
                                                                                             requirement.       
Part 53..........................  .................................  SF 129..............  Revise form to      
                                                                                             delete             
                                                                                             certification      
                                                                                             requirement.       
                                                                      Part 22 Form--SF      Revise form to      
                                                                       1445.                 delete             
                                                                                             certification      
                                                                                             requirement.       
                                                                      Part 29 Form--SF      Revise forms to     
                                                                       1094, SF 1094A.       delete             
                                                                                             certification      
                                                                                             requirement.       
                                                                      Part 45 Forms--SFs    Revise forms to     
                                                                       1423, 1426, 1428,     delete             
                                                                       1430, 1432, 1434.     certification      
                                                                                             requirement.       
----------------------------------------------------------------------------------------------------------------

    The FAR certifications specifically imposed by statute are 
summarized below:

                               FAR Certification Requirements Required by Statute                               
----------------------------------------------------------------------------------------------------------------
             FAR cite                     Clause/provision No.                Title                Remarks      
----------------------------------------------------------------------------------------------------------------
3.802(b).........................  52.203-11........................  Certification and     Required by 31 USC  
                                                                       Disclosure            1352.              
                                                                       Regarding Payments                       
                                                                       to Influence                             
                                                                       Certain Federal                          
                                                                       Transactions.                            
3.803............................  52.212-3(e)                                                                  
3.804                                                                                                           
3.808                                                                                                           
9.204(a)(2)......................  .................................  Certification for     Required by 10 USC  
                                                                       testing and           2319(d)(2) and 41  
                                                                       evaluation costs.     USC 253c(d)(2).    
                                   52.214-27........................  Price Reduction for   Required by 10 USC  
                                                                       Defective Cost or     2306a(a)(2) and 41 
                                                                       Pricing Data--        USC 254b.          
                                                                       Modifications--Seal                      
                                                                       ed Bidding.                              

[[Page 48357]]

                                                                                                                
                                   52.214-28........................  Subcontractor Cost    Required by 10 USC  
                                                                       or Pricing Data--     2306a(a)(2) and 41 
                                                                       Modifications--Seal   USC 254b.          
                                                                       ed Bidding.                              
15.804-4.........................  52.215-22, -23, -24, -25.........  TINA................  Required by 10 USC  
                                                                                             2306a and 41 USC   
                                                                                             254b.              
22.407...........................  52.222-8.........................  Certified Payroll     Required by 40 USC  
                                                                       and Basic Records ..  276.               
23.404(b)(2)(iii)................  52.223-8.........................  Estimate of           Required by 42 USC  
                                                                       Percentage of         6962(c)(3).        
                                                                       Recovered Material                       
                                                                       for Designated                           
                                                                       Items to be Used in                      
                                                                       the Performance of                       
                                                                       the Contract.                            
23.405(a)........................  52.223-4.........................  Recovered Material    Required by 42 USC  
                                                                       Certification.        6962(c)(3)(A)(i).  
23.404(b)(4).....................  52.223-9.........................  Certification of      Required by 42 USC  
23.405(c)                                                              Percentage of         6962(c)(3).        
                                                                       Recovered Material                       
                                                                       Content for EPA                          
                                                                       Designated Items                         
                                                                       Used in Performance                      
                                                                       of the Contract.                         
29.304(d)........................  52.229-2.........................  North Carolina State  Required by North   
                                                                       and Local Sales and   Carolina State Law.
                                                                       Use Tax.                                 
                                   52.232-33........................  Mandatory             Required by 31 USC  
                                                                       Information for       3332               
                                                                       Electronic Funds                         
                                                                       Transfer.                                
                                   52.232-34 (Optional)                                                         
33.201...........................  52.233-1.........................  Disputes............  Required by 41 USC  
33.202                                                                                       605(c)(1).         
33.207                                                                                                          
33.208                                                                                                          
33.211(c)(2)                                                                                                    
33.211(e)                                                                                                       
33.214(a)(5)                                                                                                    
42.703-2.........................  52.242-4.........................  Certificate of        Required by 10 USC  
                                                                       Indirect costs.       2324(h) and 41 USC 
                                                                                             256(h).            
50.303-2.........................  .................................  Contractor            Required by 10 USC  
                                                                       certification.        2410 and 41 USC    
                                                                                             605(c)(1).         
----------------------------------------------------------------------------------------------------------------

    The FAR certifications approved in writing for retention by the 
Administrator for Federal Procurement Policy are summarized below:

                     FAR Certification Requirements Which OFPP Has Given Approval To Retain                     
----------------------------------------------------------------------------------------------------------------
             FAR cite                     Clause/provision No.                Title                Remarks      
----------------------------------------------------------------------------------------------------------------
3.103............................  52.203-2.........................  Certificate of        See following       
                                                                       Independent Price     justification.     
                                                                       Determination.                           
9.408............................  52.209-5.........................  Certification         See following       
9.409                                                                  Regarding             justification.     
                                                                       Debarment,                               
                                                                       Suspension,                              
                                                                       Proposed Debarment,                      
                                                                       and Other                                
                                                                       Responsibility                           
                                                                       Matters.                                 
                                   52.213-1.........................  Fast Payment          See following       
                                                                       Procedure.            justification.     
32.202-4(b)(3)...................  .................................  Security for          See following       
                                                                       Government            justification.     
                                                                       financing.                               
32.304-8.........................  .................................  Other borrowing.....  See following       
                                                                                             justification.     
32.503-4.........................  .................................  Approval of progress  See following       
                                                                       payment requests.     justification.     
32.503-5.........................  .................................  Administration of     See Justification   
                                                                       progress payments.    under 32.503-9.    
32.503-9(a)(9)...................  .................................  Liquidation rates-    See following       
                                                                       alternate method.     Justification.     
32.503-14 (a) and (c)............  .................................  Protection of         See following       
                                                                       Government title      Justification.     
                                                                       (progress payment).                      
                                   52.232-4.........................  Payments under        See following       
                                                                       Transportation        Justification.     
                                                                       Contracts and                            
                                                                       Transportation                           
                                                                       Related Service                          
                                                                       Contracts.                               
32.905(c)(1).....................  52.232-5.........................  Payments Under Fixed- See following       
                                                                       Price Construction    Justification.     
                                                                       Contracts.                               
32.1009 (a) and (c) and            52.232.32........................  Performance-Based     See following       
 32.1010(c).                                                           Payments.             Justification.     
                                   52.232-12 (a), (o)...............  Advance Payments....  See following       
                                                                                             Justification.     
                                   52.232-16(g).....................  Progress Payments...  See following       
                                                                                             Justification.     
42.1204..........................  .................................  Agreement to          See following       
                                                                       recognize a           Justification.     
                                                                       successor in                             
                                                                       interest (novation                       
                                                                       agreement).                              
42.1205..........................  .................................  Agreement to          See following       
                                                                       recognize             Justification.     
                                                                       contractor's change                      
                                                                       of name.                                 
46.315...........................  52.246-15........................  Certificate of        See following       
46.504                                                                 Conformance.          Justification.     
49.108-4(a)(1)(iii)..............  .................................  Authorization for     See following       
49.602-1(a)                                                            subcontract           Justification.     
                                                                       settlements without                      
                                                                       approval or                              
                                                                       ratification.                            
49.112-1(h)......................  .................................  Certification and     See following       
                                                                       approval of partial   Justification.     
                                                                       payments.                                
49.302...........................  .................................  Discontinuance of     See following       
                                                                       vouchers.             Justification.     

[[Page 48358]]

                                                                                                                
49.304-2.........................  .................................  Submission of         See following       
                                                                       settlement proposal   Justification.     
                                                                       (fee only).                              
49.603-1.........................  .................................  Fixed-price           See following       
                                                                       contracts-complete    Justification.     
                                                                       termination.                             
49.603-2.........................  .................................  Fixed-price           See following       
                                                                       contracts-partial     Justification.     
                                                                       termination.                             
49.603-3.........................  .................................  Cost-reimbursement    See following       
                                                                       contracts-complete    Justification.     
                                                                       termination, if                          
                                                                       settlement includes                      
                                                                       cost.                                    
49.603-8.........................  .................................  Fixed-price           See following       
                                                                       contracts-            Justification.     
                                                                       settlements with                         
                                                                       subcontractors only.                     
                                   52.249-2 (c), (d)................  Termination for       See following       
                                                                       Convenience of the    Justification.     
                                                                       Government (Fixed-                       
                                                                       Price).                                  
                                   52.249-3 (c), (d)................  Termination for       See following       
                                                                       Convenience of the    Justification.     
                                                                       Government                               
                                                                       (Dismantling,                            
                                                                       Demolition, or                           
                                                                       Removal of                               
                                                                       Improvements).                           
                                   52.249-5(c)......................  Termination for       See following       
                                                                       Convenience of the    Justification.     
                                                                       Government                               
                                                                       (Educational and                         
                                                                       Other Nonprofit                          
                                                                       Institutions).                           
                                   52.249-6 (d), (e)................  Termination (Cost-    See following       
                                                                       Reimbursement).       Justification.     
                                   52.249-11 (c), (d)...............  Termination of Work   See following       
                                                                       (Consolidated         Justification.     
                                                                       Facilities or                            
                                                                       Facilities                               
                                                                       Acquisition).                            
Part 53, Forms...................  .................................  Part 49 Forms-SFs     See following       
                                                                       1435, 1436, 1437,     Justification.     
                                                                       1438, 1439, and                          
                                                                       1440.                                    
----------------------------------------------------------------------------------------------------------------

    FAR Provision 52.203-2 and the prescription at 3.103 require that 
offerors certify that proposed prices were arrived at independently 
without, for the purpose of restricting competition, consultation with 
other competitors. This certification is required to continue to 
maintain the integrity of the Government procurement process by 
insuring fair access to all interested contractors. The requirement 
that Certificates of Independent Price Determination (CIPDs) be 
submitted by offerors for Government contracts is being retained. 
First, CIPDs require the disclosure, by offerors, of with whom prices 
were discussed or to whom prices were disclosed, so that contracting 
officers can determine whether offers have been prepared according to 
the bid requirements set out in Government Requests for Proposals. 
Unlike private contracting situations, important public policy concerns 
may dictate in some instances that only independently prepared bids are 
acceptable, while in other circumstances teaming agreements may be 
acceptable or even actively solicited. Second, certain types of pre-bid 
conduct or communications among competitors, such as attempting to 
induce another firm to submit, or not to submit, an offer or disclosing 
price information, may adversely affect the competitiveness of their 
offers and yet not constitute an unlawful ``agreement'' under Federal 
antitrust laws. With taxpayer dollars at stake, the public deserves the 
price and quality benefits of vigorous competition. CIPDs are necessary 
to preclude conduct and communications that diminish the 
competitiveness of the Federal contracting process. The Government must 
be able to hold those who seek to obtain public monies to the highest 
standards of conduct at all times, and public funds must be protected 
from unlawful collusion in the bidding process. These policy 
considerations justify retaining the requirement for the submission of 
CIPDs. The Department of Justice has concluded that this certification 
will not place a significant burden on most offerors. The continued 
preparation of CIPDs will not place a significant burden on most 
offerors. For many businesses, and particularly for small businesses, 
very few officials are responsible for determining the prices being 
offered on Government contracts. The Department relies on the 
certificate in trials of bid rigging conspiracies because the 
certificate demonstrates that the defendant was put on notice of 
antitrust prohibitions against collusive bidding and, in turn, 
responded fraudulently when asked to certify the independent and non-
collusive nature of its bid.
    FAR Provision 52.209-5 and the prescriptions at 9.408 and 9.409 
require certified information from offerors regarding debarment, 
suspension, and other responsibility matters. This information is 
crucial to contracting officers in evaluating the responsibility of 
prospective contractors. Not all the information that an offeror 
submits under the provision at 52.209-5 is available from the General 
Services Administration's (GSA) List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs. While the list is updated by 
GSA to reflect suspensions and reinstatements by other Federal 
agencies, the list can not be precisely correct at all times. 
Consequently, the certification required by this provision is necessary 
to afford protections to both the Government and contractors by 
providing contracting officers with accurate information at all times 
on which to evaluate contractor responsibility. The alternative is 
extensive preaward surveys.
    FAR clause 52.213-1 provides for contractor payment prior to the 
Government's receipt, inspection and acceptance of supplies. This 
certification is being retained because it expedites payment to 
contractors without formal acceptance thereby improving cash flow. The 
alternative to the fast pay invoice certification would be to delay 
contractor payment until the Government actually received the supplies 
shipped.
    FAR 32.202-4(b)(3) requires contractors to certify that, when the 
Government's security for contract financing is in the form of a lien 
on contractor assets, the assets subject to the lien are free from any 
prior encumbrances. This certification is being retained because it 
represents good business practice to ascertain that no other 
encumbrances have been attached to assets pledged by contractors to 
secure Government financing. The alternative to the use of a 
certification would be to conduct an exhaustive search of contractor 
records to ensure no other liens on pledged assets exist.

[[Page 48359]]

    FAR 32.304-8 requires contractors to certify to the amount of their 
unliquidated unguaranteed borrowings. This certification is being 
retained because the Government must be aware of and have strong 
confidence in the amount of outstanding unguaranteed borrowing before 
it can prudently consent to contractor requests for additional 
borrowing during the guaranteed loan period. The alternative would be 
to obtain this financial information from the contractor's ledgers 
which is more burdensome. The contractor would still be required to 
submit status reports in writing regardless of the requirement for a 
certification. Thus, the underlying burden would not be removed even if 
the certificate were.
    There are several certifications required when contractors are 
requesting progress payments. These certifications and associated 
documentation are required when the Government is providing payments 
without receiving goods or services. FAR clauses 52.232-5, 52.232-12, 
52.232-32 and the prescriptions at 32.503-4, 32.503-5, 32.503-9, 
32.503-14, 32.905, 32.1009, and 32.1010 require contractor 
certifications when submitting requests for progress payments. Progress 
payments are a form of contract financing which benefit contractors. 
For this benefit to accrue, the contracting officer relies on 
information submitted with the certification to establish the amount to 
be paid and to ensure that the contractor has met certain safeguards 
necessary to protect taxpayer funds. Because progress payments can 
involve large sums of money, requiring these certifications is a 
prudent business practice. Even if a certification were not required, 
the contractor must still submit written requests with appropriate 
documentation for payment. Elimination of the certification will not 
eliminate that underlying burden. The only alternative would be an 
audit of the contractor's records.
    FAR 42.1204 and 42.1205 require contractors to certify that a 
novation or contractor change of name was authorized by the 
corporation's governing body and was within the scope of its corporate 
powers. These certifications are being retained because they are 
necessary to enable contracting officers to maintain and enforce 
contracts with entities that had their contractual interest transferred 
or assigned. The alternative to the use of certified statements would 
be to obtain this information by reviewing and analyzing the 
contractor's legal documentation in support of the name change or 
novation.
    FAR clause 52.246-15 and the prescriptions at 46.315 and 46.504 
require contractors to certify that supplies have met the requirements 
of the contract in lieu of Government source inspection, thereby 
allowing the Government to eliminate on-site inspections. This 
certification is being retained because it reduces administrative 
burden for both the Government and contractors. The alternative would 
be increased source inspections.
    FAR clauses 52.249-2, 52.249-3, 52.249-5, 52.249-6, 52.249-11 and 
the prescriptions at 49.108-4, 49.112-1, 49.302, 49.304-2, 49.602-1, 
49.603-1, 49.603-2, 49.603-3, and 49.603-8 contain procedures for 
settling contracts terminated for the convenience of the Government. 
Because these certifications apply to final settlement proposals, the 
indirect costs must be certified in accordance with 10 U.S.C. 2324(h). 
Strict application of only the statutorily mandated certification would 
leave areas in the overall settlement proposal that would not be 
certified. Requiring contractors to certify all claimed costs as a 
condition to settle a termination claim against the Government is a 
prudent safeguard of taxpayer funds and is less burdensome than 
requiring one settlement form for indirect costs that must be certified 
and one settlement form for all other costs.

B. Regulatory Flexibility Act

    This proposed rule may have a significant economic impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 602, et seq., because it reduces 
the number of certifications that offerors and contractors must provide 
to the Government. An Initial Regulatory Flexibility Analysis (IRFA) 
has been prepared and is summarized as follows: This rule proposes to 
amend the FAR to remove particular certification requirements for 
contractors and offerors that are not specifically imposed by statute, 
and which have not been approved for retention by the Administrator for 
Federal Procurement Policy. The objective of the rule is to implement 
the Federal Acquisition Reform Act of 1996 (Public Law 104-106). 
Section 4301b requires that all certifications not specifically 
required by statute be eliminated from the FAR unless otherwise 
approved for retention by the Administrator for Federal Procurement 
Policy. The rule will apply to all businesses, large and small, who are 
interested in receiving Government contracts. The rule imposes no 
reporting, recordkeeping, or other compliance requirements, but, 
rather, deletes existing certification requirements that are not 
required by statute and which have not been approved for retention by 
the Administrator for Federal Procurement Policy. The rule does not 
duplicate, overlap, or conflict with any other Federal rules. A copy of 
the IRFA may be obtained from the FAR Secretariat. A copy of the IRFA 
has been submitted to the Chief Counsel for Advocacy of the Small 
Business Administration. Comments are invited from small business and 
other interested parties. Comments from small entities concerning the 
affected FAR parts will be considered in accordance with Section 610 of 
the Act. Such comments should be submitted separately and cite FAR case 
96-312 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Public Law 96-511) is deemed to apply 
because the proposed rule eliminates certain information collection 
requirements found at FAR 52.208-2, 52.209-7, 52.209-8, and 52.222-21. 
Accordingly, a request for elimination of the information collection 
requirement concerning Certification Requirements will be submitted to 
the Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 1, 3, 4, 6, 8, 9, 12, 14, 16, 19, 22, 
23, 25, 27, 29, 31, 32, 36, 37, 42, 45, 47, 49, 52 and 53

    Government procurement.

    Dated: September 5, 1996.
Edward C. Loeb,
Director, Office of Federal Acquisition Policy Division.

    Therefore, it is proposed that 48 CFR Parts 1, 3, 4, 6, 8, 9, 12, 
14, 16, 19, 22, 23, 25, 27, 29, 31, 32, 36, 37, 42, 45, 47, 49, 52 and 
53 be amended as set forth below:
    1. The authority citation for 48 CFR Parts 1, 3, 4, 6, 8, 9, 12, 
14, 16, 19, 22, 23, 25, 27, 29, 31, 32, 36, 37, 42, 45, 47, 49, 52 and 
53 continues to read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. 2301 to 2331; and 42 
U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106  [Amended]

    2. Section 1.106 is amended in the table following the text by 
removing the following entries along with their control numbers: 8.203-
2, 9.5, 52.208-1, and 52.222-21.

[[Page 48360]]

PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

    3. Section 3.502-2(i)(1) is revised to read as follows:


3.502-2  General.

* * * * *
    (i) * * *
    (1) Have in place and follow reasonable procedures designed to 
prevent and detect violations of the Act in its own operations and 
direct business relationships (e.g., company ethics rules prohibiting 
kickbacks by employees, agents, or subcontractors; education programs 
for new employees and subcontractors, explaining policies about 
kickbacks, related company procedures and the consequences of 
detection; procurement procedures to minimize the opportunity for 
kickbacks; audit procedures designed to detect kickbacks; periodic 
surveys of subcontractors to elicit information about kickbacks; 
procedures to report kickbacks to law enforcement officials; annual 
declarations by employees of gifts or gratuities received from 
subcontractors; annual employee declarations that they have violated no 
company ethics rules; personnel practices that document unethical or 
illegal behavior and make such information available to prospective 
employers); and
* * * * *

PART 4--ADMINISTRATIVE MATTERS

    4. Section 4.102 is amended by revising the last sentence of 
paragraph (d) to read as follows:


4.102  Contractor's signature.

* * * * *
    (d) Joint ventures. * * * When a corporation is participating, the 
contracting officer shall verify that the corporation is authorized to 
participate in the joint venture.
* * * * *

PART 6--COMPETITION REQUIREMENTS


6.302-3  [Amended]

    5. Section 6.302-3 is amended by removing paragraph (b)(1)(viii).

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES


8.002  [Amended]

    6. Section 8.002 is amended by removing paragraph (a), and 
redesignating paragraphs (b) through (f) as (a) through (e).

Subpart 8.2--[Removed and reserved]

    7. Subpart 8.2 is removed and reserved.

PART 9--CONTRACTOR QUALIFICATIONS


9.505-4  [Amended]

    8. Section 9.505-4(c) is amended by removing the last sentence.
    9. Section 9.506 is amended in paragraph (a) by revising the first 
sentence; by adding ``and'' after the semicolon in (b)(1); by removing 
(b)(2); by redesignating (b)(3) as (b)(2); and by revising (c)(1) and 
(d). The revised text reads as follows:


9.506  Procedures.

    (a) If information concerning prospective contractors is necessary 
to identify and evaluate potential organizational conflicts of interest 
or to develop recommended actions, contracting officers should first 
seek the information from within the Government or from other readily 
available sources. * * *
* * * * *
    (c) * * *
    (1) Review the contracting officer's analysis and recommended 
course of action, including any proposed clause.
* * * * *
    (d) The contracting officer shall--
    (1) Include any approved clause(s) in the solicitation or the 
contract;
    (2) Consider additional information provided by prospective 
contractors in response to the solicitation or during negotiations;
    (3) Before awarding the contract, resolve the conflict or the 
potential conflict in a manner consistent with the approval or other 
direction by the head of the contracting activity.
* * * * *


9.507-1  [Removed and reserved]

    10. Section 9.507-1 is removed and reserved.

PART 12--ACQUISITION OF COMMERCIAL ITEMS

    11. Section 12.503 is amended by revising paragraphs (b)(1) and 
(b)(5) to read as follows:


12.503  Applicability of certain laws to Executive agency contracts for 
the acquisition of commercial items.

* * * * *
    (b) * * *
    (1) 33 U.S.C. 1368, Requirement for a clause under the Federal 
Water Pollution Control Act (see 23.105).
* * * * *
    (5) 42 U.S.C. 7606, Requirements for a clause under the Clean Air 
Act (see 23.105).


12.504  [Amended]

    12. Section 12.504 is amended by removing paragraph (a)(16).

PART 14--SEALED BIDDING


14.405  [Amended]

    13. Section 14.405(f) is amended by removing ``certifications'' and 
inserting ``representations'' in its place.

PART 16--TYPES OF CONTRACTS


16.306  [Amended]

    14. Section 16.306 is amended in paragraph (d)(2) by removing 
``certification'' and inserting ``statement'' in its place.

PART 19--SMALL BUSINESS PROGRAMS


19.001  [Amended]

    15. Section 19.001 is amended in the introductory text of paragraph 
(b) of the definition ``Small disadvantaged business concern'' by 
removing ``certify'' and inserting ``represent''.
    16. Section 19.301 is amended by revising the first sentence of 
paragraph (a) to read as follows:


19.301  Representation by the offeror.

    (a) To be eligible for award as a small business, an offeror must 
represent in good faith that it is a small business at the time of its 
written representation. * * *
* * * * *
    17. Section 19.303 is amended by revising the introductory text of 
paragraph (c)(2); in paragraph (c)(2)(vi) by removing ``certifying'' 
and inserting ``acknowledging'' in its place; and by revising the 
second sentence of paragraph (c)(3) to read as follows:


19.303  Determining product or service classifications.

* * * * *
    (c) * * *
    (2) The appeal shall be in writing and shall be addressed to the 
Office of Hearings and Appeals, Small Business Administration, 
Washington, D.C. 20416. No particular form is prescribed for the 
appeal. However, time limits and procedures set forth in SBA's 
regulations at 13 CFR 121.11 are strictly enforced. The appellant shall 
submit an original and one legible copy of the appeal. In the case of 
telegraphic appeals, the telegraphic notice shall be confirmed by the 
next day mailing of a written appeal, in duplicate. By signing the 
submission, a party or its attorney

[[Page 48361]]

attests that the statements and allegations in the submission are true 
to the best of its knowledge, and that the submission is not being 
filed for the purpose of delay or harassment. The appeal shall 
include--
* * * * *
    (3) * * * The contracting officer's response, if any, to the appeal 
must include appropriate argument and evidence, and must be filed with 
the Office of Hearings and Appeals no later than 5 business days after 
receipt of the appeal. * * *


19.501  [Amended]

    18. Section 19.501 is amended by removing paragraph (h).


19.508  [Removed]

    18a. Section 19.508 is removed.
    19. Section 19.703 is amended in paragraph (a)(2) by revising the 
second and fourth sentences to read as follows:


19.703  Eligibility requirements for participating in the program.

    (a) * * *
    (2) * * * Individuals who represent that they are members of named 
groups (Black Americans, Hispanic Americans, Native Americans, Asian-
Pacific Americans, Subcontinent-Asian Americans) may also represent 
themselves as socially and economically disadvantaged. * * * Concerns 
who are tribally-owned entities or Native Hawaiian Organizations may 
represent themselves as socially and economically disadvantaged if they 
qualify under the requirements of 13 CFR 124.112 or 13 CFR 124.113, 
respectively. * * *
* * * * *

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    20. Section 22.810(a) is revised to read as follows:


22.810  Solicitation provisions and contract clauses.

    (a) The contracting officer shall insert the provision at 52.222-
22, Previous Contracts and Compliance Reports, in solicitations when a 
contract is contemplated that will include the clause at 52.222-26, 
Equal Opportunity.
* * * * *

PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE


23.102  [Amended]

    21. Section 23.102 is amended in paragraph (d) by removing the 
reference ``40 CFR Part 15'' and inserting ``40 CFR Part 32'' in its 
place.
    22. Section 23.105 is amended by revising paragraph (a) to read as 
follows:


23.105  Solicitation provision and contract clause.

    (a) The contracting officer shall insert the solicitation provision 
at 52.223-1, Notification of Clean Air Act and/or Clean Water Act 
Convictions, in solicitations containing the clause at 52.223-2, Clean 
Air and Water (see paragraph (b) of this section).
* * * * *
    23. Section 23.106 is amended by revising paragraph (a) to read as 
follows:


23.106  Delaying award.

    (a) If an otherwise successful offeror informs the contracting 
officer that EPA is considering listing a facility proposed for 
contract performance (see the provision at 52.223-1, Notification of 
Clean Air Act and/or Clean Water Act Convictions), the contracting 
officer shall promptly notify the EPA Administrator or a designee, in 
writing, that the offeror is being considered for award.
* * * * *
    24. Section 23.302 is amended by revising paragraph (d)(1) to read 
as follows:


23.302  Policy.

* * * * *
    (d) * * *
    (1) By the apparently successful offeror prior to contract award if 
hazardous materials are expected to be used during contract 
performance.
* * * * *
    25. Section 23.601 is amended by revising paragraph (c) to read as 
follows:


23.601  Requirements.

* * * * *
    (c) The clause permits the contracting officer to waive the 
notification if the contractor states that the notification on prior 
deliveries is still current. The contracting officer may waive the 
notice only after consultation with cognizant technical 
representatives.
* * * * *

PART 25--FOREIGN ACQUISITION


25.109, 25.305, and 25.408  [Amended]

    26. Part 25 is amended in the following sections by removing 
``Certificate'' and inserting ``Provision'' in its place: 25.109(a), 
25.305(a); and 25.408(a)(1).
    26b. In addition to the amendment set forth above, section 25.408 
is further amended by revising paragraph (b) to read as follows:


25.408  Solicitation provision and contract clause.

* * * * *
    (b) The contracting officer shall rely on the information submitted 
by the offeror.
* * * * *

PART 27--PATENT, DATA, AND COPYRIGHTS

    27. Section 27.303(e) is amended by revising the first sentence to 
read as follows:


27.303  Contract clauses.

* * * * *
    (e) For those agencies excepted under paragraph (a)(1)(i), only 
small business firms or non-profit organizations qualify for the clause 
at 52.227-11.
* * * * *
    28. Section 27.406 is amended by revising paragraph (c); in 
paragraph (d)(1) and (d)(2), and twice in (d)(3) by removing (C) 
certification and inserting ``(D) declaration''; and in paragraph 
(d)(2) by removing certify and inserting ``declare'' in its place. The 
revised text reads as follows:


27.406  Acquisition of data.

* * * * *
    (c) Acceptance of data. As required by 41 U.S.C. 418a(d)(7), 
acceptability of technical data delivered under a contract shall be in 
accordance with the appropriate contract clause as required by Subpart 
46.3, and the clause at 52.227-21, Technical Data Declaration, 
Revision, and Withholding of Payment--Major Systems, when it is 
included in the contract. (See paragraph (d) of this section.)
* * * * *


27.409  [Amended]

    29. Section 27.409 is amended in paragraph (q) by removing 
``Certification'' and inserting ``Declaration'' in its place.

PART 29--TAXES

    30. Section 29.305 is amended by revising paragraph (b)(3) to read 
as follows:


29.305  State and local tax exemptions.

* * * * *
    (b) * * *
    (3) Under a contract or purchase order that contains no tax 
provision, if:
    (i) Requested by the contractor and approved by the contracting 
officer or at the discretion of the contracting officer; and
    (ii) Either the contract price does not include the tax or, if the 
transaction or property is tax exempt, the contractor

[[Page 48362]]

consents to a reduction in the contract price.

PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES

    31. Section 31.110 is amended by revising the first sentence of 
paragraph (a) to read as follows:


31.110  Indirect cost rate certification and penalties on unallowable 
costs.

    (a) Certain contracts require certification of the indirect cost 
rates proposed for final payment purposes.
* * * * *


31.205-22  Legislative lobbying costs.

    32. Section 31.205-22 is amended by revising the section heading as 
set forth above; by removing paragraph (d) and redesignating paragraphs 
(e) and (f) as (d) and (e), respectively; and in the newly designated 
(d) by adding ``(See 42.703-2)'' after ``unallowable''.

PART 32--CONTRACT FINANCING


32.805  [Amended]

    33. Section 32.805 is amended in paragraph (a)(1)(iii) by removing 
``certified'' and inserting ``true''.

PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

    34. Section 36.205 is amended by revising paragraph (b)(3) to read 
as follows:


36.205  Statutory cost limitations.

* * * * *
    (b)* * * (3) that the price on each schedule shall include an 
approximate apportionment of all estimated direct costs, allocable 
indirect costs, and profit.
* * * * *

PART 37--SERVICE CONTRACTING

    35. Section 37.402 is revised to read as follows:


37.402  Contracting officer responsibilities.

    Contracting officers shall obtain evidence of insurability 
concerning medical liability insurance from the apparently successful 
offeror prior to contract award and shall obtain evidence of insurance 
demonstrating the required coverage prior to commencement of 
performance.

PART 42--CONTRACT ADMINISTRATION

    36. Section 42.703-2 is amended by revising paragraph (a); in 
paragraph (c)(1) by removing ``billing rates or'' and inserting 
``final'' in its place; and by revising paragraph (f) to read as 
follows:


42.703-2  Certificate of indirect costs.

    (a) General. In accordance with 10 U.S.C. 2324(h) and 41 U.S.C. 
256(h), a proposal shall not be accepted and no agreement shall be made 
to establish final indirect cost rates unless the costs have been 
certified by the contractor.
* * * * *
    (f) Contract clause. (1) Except as provided in paragraph (f)(2) of 
this subsection, the clause at 52.242-4, Certification of Indirect 
Costs, shall be incorporated into all solicitations and contracts which 
provide for establishment of final indirect cost rates.
    (2) The Department of Energy may provide an alternate clause in is 
agency supplement for its management and operating contracts.

PART 45--GOVERNMENT PROPERTY


45.606-1  [Amended]

    37. Section 45.606-1 is amended by removing the designation of 
paragraph (a); and by removing paragraph (b).

PART 47--TRANSPORTATION

    38. Section 47.303-17 is amended by revising paragraph (d)(3)(ii) 
to read as follows:


47.303-17  Contractor-prepaid commercial bills of lading, small package 
shipments.

* * * * *
    (d) * * *
    (3) * * *
    (ii) The contractor agrees to furnish evidence of payment when 
requested by the Government.
* * * * *


47.305-11  [Amended]

    39. Section 47.305-11 is amended by removing the designation of 
paragraph (a) and adding the text to the end of the undesignated 
paragraph which precedes it; by removing paragraph (b); and 
redesignating paragraphs (a)(1) through (3) as (a) through (c).
    40. Section 47.403-3 is amended in paragraph (a) by removing 
certificate or; and by revising paragraph (c) to read as follows:


47.403-3  Disallowance of expenditures.

* * * * *
    (c) The justification requirement is satisfied by the contractor's 
use of a statement similar to one contained in the clause at 52.247-63, 
Preference for U.S.-Flag Air Carriers. (See 47.405.)
    41. Section 47.404 is amended by revising paragraph (b)(2) to read 
as follows:


47.404  Air freight forwarders.

* * * * *
    (b) * * * (2) justification for the use of foreign-flag air 
carriers similar to the one shown in the clause at 52.247-63, 
Preference for U.S.-Flag Air Carriers.

PART 49--TERMINATION OF CONTRACTS

    42. Section 49.108-3 is amended by revising paragraph (b) to read 
as follows:


49.108-3  Settlement procedure.

* * * * *
    (b) Except as provided in 49.108-4, the TCO shall require that:
    (1) All subcontractor termination inventory be disposed of and 
accounted for in accordance with Part 45; and
    (2) The prime contractor submit for approval or ratification, all 
termination settlements with subcontractors.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.208-1 and 52.208-2  [Removed and reserved]

    43. Sections 52.208-1 and 52.208-2 are removed and reserved.
    44. Section 52.209-3 is amended in Alternate I by revising the date 
and paragraph (i) to read as follows:


52.209-3  First Article Approval--Contractor Testing.

* * * * *
    Alternate I (Date). * * *
    (i) The Contractor shall produce both the first article and the 
production quantity at the same facility.
* * * * *
    45. Section 52.209-4 is amended by revising the date and paragraph 
(j) of Alternate I to read as follows:


52.209-4  First Article Approval--Government Testing.

* * * * *
    Alternate I (DATE). * * *
    (j) The Contractor shall produce both the first article and the 
production quantity at the same facility.
* * * * *


52.209-7 and 52.209-8  [Removed]

    47. Sections 52.209-7 and 52.209-8 are removed.
    46. Section 52.212-3 is amended--
    a. By revising the provision date, paragraph (c)(2), the 
introductory text of (c)(6), and the last sentence of the introductory 
text of (c)(6)(ii);
    c. By revising the introductory text of (d), and by removing (d)(1) 
and the undesignated paragraph following it, and redesignating (d)(2) 
and (d)(3) as (d)(1) and (d)(2), respectively; and
    c. In the introductory text of (f) by removing ``Certificate'' and 
inserting ``Provision'' in its place, and by revising (f)(1) and 
(f)(3). The revised text reads as follows:

[[Page 48363]]

52.212-3  Offeror Representations and Certifications--Commercial Items.

* * * * *
OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DATE)
* * * * *
    (c) * * *
    (2) Small disadvantaged business concern. The offeror represents 
that it {time}  is, {time}  is not a small disadvantaged business 
concern.
* * * * *
    (6) Small Business Size for the Small Business Competitiveness 
Demonstration Program and for the Targeted Industry Categories under 
the Small Business Competitiveness Demonstration Program. [Complete 
only if the offeror has represented itself to be a small business 
concern under the size standards for this solicitation.]
* * * * *
    (ii) * * * Offeror represents as follows:
* * * * *
    (d) Representations required to implement provisions of Executive 
Order 11246--
* * * * *
    (f) * * *
    (1) Each end product being offered, except those listed in 
paragraph (f)(2) of this provision, is a domestic end product (as 
defined in the clause entitled ``Buy American Act--Trade Agreements--
Balance of Payments Program''). Components of unknown origin have been 
considered to have been mined, produced, or manufactured outside the 
United States, a designated country, a North American Free Trade 
Agreement (NAFTA) country, or a Caribbean Basin country, as defined in 
section 25.401 of the Federal Acquisition Regulation.
* * * * *
    (3) Offers will be evaluated by giving certain preferences to 
domestic end products, designated country end products, NAFTA country 
end products, and Caribbean Basin country end products over other end 
products. In order to obtain these preferences in the evaluation of 
each excluded end product listed in paragraph (f)(2) of this provision, 
offerors must identify and list below those excluded end products that 
are designated country end products or NAFTA country end products, or 
Caribbean Basin country end products. Products that are not identified 
and listed below will not be deemed designated country end products, 
NAFTA country end products, or Caribbean Basin country end products. 
Offerors must insert the applicable line item numbers in the following:
    (i) The following supplies qualify as ``designated country end 
products'' or ``NAFTA country end products'' as those terms are defined 
in the clause entitled ``Buy American Act--Trade Agreements--Balance of 
Payments Program'':

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------
(Insert line item numbers)
    (ii) The following supplies qualify as ``Caribbean Basin country 
end products'' as that term is defined in the clause entitled ``Buy 
American Act--Trade Agreements--Balance of Payments Program'':

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------
(Insert line item numbers)
* * * * *
    48. Section 52.214-30 is revised to read as follows:


52.214-30  Annual Representations and Certifications--Sealed Bidding.

    As prescribed in 14.201-6(u), insert the following provision:
ANNUAL REPRESENTATIONS AND CERTIFICATIONS--SEALED BIDDING (DATE)
    The bidder has (check the appropriate block): {time}  (a) Submitted 
to the contracting office issuing this solicitation, annual 
representations and certifications dated ______________ [Insert date of 
signature of submission], which are incorporated herein by reference, 
and are current, accurate, and complete as of the date of this bid, 
except as follows [insert changes that affect only this solicitation; 
if ``none,'' so state]: ____________
    {time}  (b) Enclosed its annual representations and certifications.

(End of provision)
    49. Section 52.215-35 is revised to read as follows:


52.215-35  Annual Representations and Certifications--Negotiation.

    As prescribed in 15.407(i), insert the following provision:
ANNUAL REPRESENTATIONS AND CERTIFICATIONS--NEGOTIATION (DATE)
    The offeror has (check the appropriate block):
    {time}  (a) Submitted to the contracting office issuing this 
solicitation, annual representations and certifications dated 
____________________ [insert date of signature on submission] which are 
incorporated herein by reference and are current, accurate, and 
complete as of the date of this bid, except as follows [insert changes 
that affect only this solicitation; if ``none,'' so state]: 
____________
    {time}  (b) Enclosed its annual representations and certifications.

(End of provision)


52.216-2  [Amended]

    50. Section 52.216-2 is amended by revising the clause date to read 
``(DATE)''; and in paragraph (b) by removing the last sentence.


52.216-3  [Amended]

    51. Section 52.216-3 is amended by revising the clause date to read 
``(DATE)''; and in paragraph (b) by removing the last sentence.


52.216-4  [Amended]

    52. Section 52.216-4 is amended by revising the clause date to read 
``(DATE)''; and by removing paragraph (d) and redesignating paragraph 
(e) as (d).


52.219-1  [Amended]

    53. Section 52.219-1 is amended by revising the provision date to 
read ``(DATE)''; and in paragraph (b)(1) by removing ``and certifies''.


52.219-15  [Removed and Reserved]

    54. Section 52.219-15 is removed and reserved,


52.219-18  [Amended]

    55. Section 52.219-18 is amended by revising the clause date to 
read ``(DATE)''; and in paragraph (b) by removing ``certifies'' and 
inserting ``represents''.
    56. Section 52.219-19 is amended by revising the date and paragraph 
(b) of the provision to read as follows:


52.219-19  Small Business Concern Representation for the Small Business 
Competitiveness Demonstration Program.

* * * * *
SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS 
COMPETITIVENESS DEMONSTRATION PROGRAM (DATE)
* * * * *
    (b) [Complete only if the Offeror has represented itself under the 
provision at 52.219-1 as a small business concern under the size 
standards of this solicitation.]
    The offeror {time}  is, {time}  is not an emerging small business.
* * * * *


52.219-21  [Amended]

    57. Section 52.219-21 is amended by revising the clause date to 
read (XXX);

[[Page 48364]]

in the parenthetical following the provision heading by removing 
``certified'' and inserting ``represented''; and in the first paragraph 
of the provision by removing ``and certifies''.


52.222-21  [Reserved]

    58. Section 52.222-21 is removed and reserved.
    59. Section 52.223-1 is revised to read as follows:


52.223-1  Notification of Clean Air Act and/or Clean Water Act 
Convictions.

    As prescribed in 23.105(a), insert the following provision in 
solicitations containing the clause at 52.223-2, Clean Air and Water:
NOTIFICATION OF CLEAN AIR ACT AND/OR CLEAN WATER ACT CONVICTIONS (DATE)
    (a) If a facility owned or leased by the offeror is proposed to be 
used in the performance of the contract, and the facility owner, 
lessee, or supervisor was convicted of a violation at that facility of 
Section 113 of the Clean Air Act (CAA), 42 U.S.C. 7413, or Section 
309(c) of the Clean Water Act (CWA), 33 U.S.C. 1319(c), the offeror 
shall notify the Contracting Officer whether such facility is presently 
owned, leased or supervised by the convicted person. The notification 
shall be submitted with the offer; if the conviction occurs on or after 
the date the offer was submitted, the offeror shall promptly submit a 
separate notification to the Contracting Officer.
    (b) After receiving notification of a CAA or a CWA conviction, the 
Contracting Officer may make award only if the Contracting Officer 
obtains confirmation that the Environmental Protection Agency has 
certified that the condition giving rise to the conviction has been 
corrected, or that the agency head has excepted the contract or 
subcontract from the CAA or CWA ineligibility.

(End of provision)
    60. Section 52.223-3 is amended by revising the clause date and 
paragraphs (c) and (e) to read as follows:


52.223-3  Hazardous Material Identification and Material Safety Data.

* * * * *
HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (DATE)
* * * * *
    (c) This list must be updated during performance of the contract 
whenever the Contractor determines that any other material to be 
delivered under this contract is hazardous.
* * * * *
    (e) If, after award, there is a change in the composition of the 
item(s) or a revision to Federal Standard No. 313, which renders 
incomplete or inaccurate the data submitted under paragraph (d) of this 
clause, the Contractor shall promptly notify the Contracting Officer 
and resubmit the data.
* * * * *
    61. Section 52.223-7 is amended by revising the clause date and 
paragraph (b)(2) to read as follows:


52.223-7  Notice of Radioactive Materials.

NOTICE OF RADIOACTIVE MATERIALS (DATE)
* * * * *
    (b) * * *
    (2) State that the quantity of activity, characteristics, and 
composition of the radioactive material have not changed; and
* * * * *
    62. Section 52.225-1 is amended by revising its heading; and by 
revising the provision heading and the first paragraph to read as 
follows:


52.225-1  Buy American Provision.

* * * * *
BUY AMERICAN PROVISION (DATE)
    The offeror shall list below each end product that is not a 
domestic end product (as defined in the clause entitled ``Buy American 
Act-Supplies''). Components of unknown origin are considered to have 
been mined, produced, or manufactured outside the United States.

------------------------------------------------------------------------
          Excluded end  products                  Country of origin     
------------------------------------------------------------------------
                                                                        
                                                                        
                                                                        
------------------------------------------------------------------------

* * * * *
(End of provision)
    63. Section 52.225-6 is amended by revising the heading; and by 
revising the heading and date and paragraph (a) of the provision to 
read as follows:


52.225-6  Balance of Payments Program Provision.

BALANCE OF PAYMENTS PROGRAM PROVISION (DATE)
    (a) The offeror shall list below each end product or service that 
is not a domestic end product or service (as defined in the clause 
entitled ``Balance of Payments Program''). Components of unknown origin 
have been considered to have been mined, produced, or manufactured 
outside the United States.
* * * * *


52.225-7  [Amended]

    64. Section 52.225-7 is amended by revising the date of the 
provision heading to read ``(DATE)''; and in paragraph (b) by removing 
``Certificate'' and inserting ``Provision''.
    65. 52.225-8 is amended by revising the section and provision 
headings; and by revising paragraphs (a) and (c) of the provision to 
read as follows:


52.225-8  Buy American Act--Trade Agreements--Balance of Payments 
Program Provision.

* * * * *
BUY AMERICAN ACT--TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM 
PROVISION (DATE)
    (a) Each end product being offered, except those listed in 
paragraph (b) of this provision, is a domestic end product (as defined 
in the clause entitled ``Buy American Act--Trade Agreements--Balance of 
Payments Program''). Components of unknown origin have been considered 
to have been mined, produced, or manufactured outside the United 
States, a designated country, a North American Free Trade Agreement 
(NAFTA) country, or a Caribbean Basin country, as defined in section 
25.401 of the Federal Acquisition Regulation.
* * * * *
    (c) Offers will be evaluated by giving certain preferences to 
domestic end products, designated country end products, NAFTA country 
end products, and Caribbean Basin country end products over other end 
products. In order to obtain these preferences in the evaluation of 
each excluded end product listed in paragraph (b) of this provision, 
offerors must identify and list below those excluded end products that 
are designated country end products or NAFTA country end products, or 
Caribbean Basin country end products. Products that are not identified 
and listed below will not be deemed designated country end products, 
NAFTA country end products, or Caribbean Basin country end products. 
Offerors must insert the applicable line item numbers in the following:
    (1) The following supplies qualify as ``designated country end 
products or NAFTA country end products'' as those terms are defined in 
the clause entitled ``Buy American Act--Trade Agreements--Balance of 
Payments Program:''

----------------------------------------------------------------------
[Insert line item numbers]
    (2) The following supplies qualify as ``Caribbean Basin country end 
products'' as that term is defined in the

[[Page 48365]]

clause entitled ``Buy American Act--Trade Agreements--Balance of 
Payments Program'':

----------------------------------------------------------------------
[Insert line item numbers]
* * * * *
    66. Section 52.225-9 is amended by revising the clause date to read 
``(DATE)''; and by revising the third and fourth sentences of paragraph 
(b) to read as follows:


52.225-9  Buy American Act--Trade Agreements--Balance of Payments 
Program.

* * * * *
BUY AMERICAN ACT--TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM (DATE)
* * * * *
    (b) * * * The Contractor agrees to deliver under this contract only 
domestic end products unless, in its offer, it specifies delivery of 
foreign end products in the provision entitled ``Buy American Act--
Trade Agreements--Balance of Payments Program Provision''. An offer 
stating that a designated, NAFTA, or Caribbean Basin country end 
product will be supplied requires the Contractor to supply a 
designated, NAFTA, or Caribbean Basin country end product or, at the 
Contractor's option, a domestic end product. * * *
* * * * *


52.225-21  [Amended]

    67. Section 52.225-21 is amended by revising the clause date to 
read ``(XXX)''; in the third sentence of paragraph (c) by removing 
``Certificate'' and inserting ``Provision'' in its place; in Alternate 
I by revising the date to read ``(XXX)''; and in paragraph (c) by 
removing ``Certificate'' and inserting ``Provision'' in its place.


52.227-12  [Amended]

    68. Section 52.227-12 is amended by revising the clause date to 
read ``(DATE)''; and in paragraph (f)(7)(ii) by removing ``certifying'' 
wherever it appears and inserting ``stating''.


52.227-13  [Amended]

    69. Section 52.227-13 is amended by revising the clause date to 
read ``(DATE)''; and in paragraph (e)(3)(ii) by removing ``certifying'' 
wherever it appears and inserting ``stating''.
    70. Section 52.227-21 is amended by revising the section and clause 
headings, the clause date, paragraph (b)(1), the first sentence of 
(b)(2), and (d)(1)(ii) to read as follows:


52.227-21  Technical Data Declaration, Revision, and Withholding of 
Payment--Major Systems.

* * * * *
TECHNICAL DATA DECLARATION, REVISION, AND WITHHOLDING OF PAYMENT--MAJOR 
SYSTEMS (DATE)
* * * * *
    (b) Technical data declaration. (1) All technical data that are 
subject to this clause shall be accompanied by the following 
declaration upon delivery:
TECHNICAL DATA DECLARATION (DATE)
    The Contractor, ________________, hereby declares that, to the best 
of its knowledge and belief, the technical data delivered herewith 
under Government contract No. ________________ (and subcontract 
________________, if appropriate) are complete, accurate, and comply 
with the requirements of the contract concerning such technical data.

(End of declaration)
    (2) The Government shall rely on the declarations set out in 
paragraph (b)(1) of this clause in accepting delivery of the technical 
data, and in consideration thereof may, at any time during the period 
covered by this clause, request correction of any deficiencies which 
are not in compliance with contract requirements. * * *
* * * * *
    (d) * * *
    (1) * * *
    (ii) Provide the declaration required by paragraph (b)(1) of this 
clause;
* * * * *
(End of clause)
    71. Section 52.228-5 is amended by revising the clause date and the 
first sentence of paragraph (b) to read as follows:


52.228-5  Insurance--Work on a Government Installation.

* * * * *
INSURANCE--WORK ON A GOVERNMENT INSTALLATION (DATE)
* * * * *
    (b) Before commencing work under this contract, the Contractor 
shall notify the Contracting Officer in writing that the required 
insurance has been obtained. * * *
* * * * *
    72. Section 52.228-8 is amended by revising the clause date and the 
first sentence of paragraph (d) to read as follows:


52.228-8  Liability and Insurance--Leased Motor Vehicles.

* * * * *
LIABILITY AND INSURANCE--LEASED MOTOR VEHICLES (DATE)
* * * * *
    (d) Before commencing work under this contract, the Contractor 
shall notify the Contracting Officer in writing that the required 
insurance has been obtained.
* * * * *
    73. Section 52.228-9 is amended by revising the clause date, the 
second sentence of paragraph (b), and paragraph (c)(2) to read as 
follows:


52.228-9  Cargo Insurance.

* * * * *
CARGO INSURANCE (DATE)
    (a) * * *
    (b) * * * As evidence of insurance maintained, an authenticated 
copy of the cargo liability insurance policy or policies shall be 
furnished to ____________________ [insert name of contracting agency]. 
* * *
    (c) * * *
    (2) An authenticated copy of any renewal policy to 
____________________ [insert name of contracting agency] not less than 
15 days prior to the expiration of any current policy on file with 
____________________ [insert name of contracting agency].

(End of clause)
    74. Section 52.237-7 is amended by revising the clause date and the 
first sentence of paragraph (d) to read as follows:


52.237-7  Indemnification and Medical Liability Insurance.

* * * * *
INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (DATE)
* * * * *
    (d) Evidence of insurance documenting the required coverage for 
each health care provider who will perform under this contract shall be 
provided to the Contracting Officer prior to the commencement of 
services under this contract. * * *
* * * * *
    75. Section 52.242-4 is amended by revising the clause date and 
paragraph (a)(1); and in paragraph 2 of the Certificate following 
paragraph (c) by removing ``billing or''. The revised text reads as 
follows:


52.242-4  Certification of Indirect Costs.

* * * * *
CERTIFICATION OF INDIRECT COSTS (DATE)
    (a) * * *

[[Page 48366]]

    (1) Certify any proposal to establish final indirect cost rates;
* * * * *


52.245-8  [Amended]

    76. Section 52.245-8 is amended by revising the clause date to read 
``(DATE)''; and in paragraph (f) by removing ``a certificate'' and 
inserting ``documentation'' both times it appears; the first instance 
should be capitalized.
    77. Section 52.247-2 is amended by revising the introductory 
paragraph, the clause date and paragraph (a) to read as follows:


52.247-2  Permits, Authorities, or Franchises.

    As prescribed in 47.207-1(a), insert the following clause:
PERMITS, AUTHORITIES, OR FRANCHISES (DATE)
    (a) The offeror does {time} , does not {time} , hold authorization 
from the Federal Highway Administration (FHWA) or other cognizant 
regulatory body. If authorization is held, it is as follows:

----------------------------------------------------------------------
(Name of regulatory body)

----------------------------------------------------------------------
(Authorization No.)
* * * * *
[End of clause]


52.247-54  [Removed and Reserved]

    78. Section 52.247-54 is removed and reserved.
    79. Section 52.247-63 is amended by revising the clause date and 
the definition ``U.S.-flag air carrier''; in paragraph (b) by removing 
``49 U.S.C. 1517'' and inserting ``49 U.S.C. 40118''; and by revising 
paragraph (d) to read as follows:


52.247-63  Preference for U.S.-Flag Air Carriers.

* * * * *
PREFERENCE FOR U.S.-FLAG AIR CARRIERS (DATE)
* * * * *
    (a) * * *
    U.S.-flag air carrier, as used in this clause, means an air carrier 
holding a certificate under Chapter 411 of Title 49 of U.S.C.
* * * * *
    (d) In the event that the Contractor selects a carrier other than a 
U.S.-flag air carrier for international air transportation, the 
Contractor shall include a statement on vouchers involving such 
transportation essentially as follows:
STATEMENT OF UNAVAILABILITY OF U.S.-FLAG AIR CARRIERS
    International air transportation of persons (and their personal 
effects) or property by U.S.-flag air carrier was not available or it 
was necessary to use foreign-flag air carrier service for the following 
reasons (see section 47.403 of the Federal Acquisition Regulation): 
[State reasons]:

----------------------------------------------------------------------
(End of statement)
* * * * *

PART 53--FORMS

    80. Section 53.214(e) is amended by revising the paragraph heading 
to read as follows:


53.214  Sealed bidding.

* * * * *
    (e) SF 129 (REV. XX/XX), Solicitation Mailing List Application. * * 
*
* * * * *
    81. Section 53.215-1(f) is amended by revising the paragraph 
heading to read as follows:


53.215-1  Solicitation and receipt of proposals and quotations.

* * * * *
    (f) SF 129, Solicitation Mailing List Application. * * *
* * * * *
    82. Section 53.222(g) is amended by revising the paragraph heading 
to read as follows:


53.222  Application of labor laws to Government acquisitions (SF's 99, 
308, 1093, 1413, 1444, 1445, 1446, WH-347).

* * * * *
    (g) SF 1445 (REV. XX/XX), Labor Standards Interview. * * *
* * * * *
    83. Section 53.229 is amended by revising the paragraph heading to 
read as follows:


53.229  Taxes (SF's 1094, 1094-A).

    SF 1094 (REV. XX/XX, U.S. Tax Exemption Certificate, and SF 1094-A 
(REV XX/XX), Tax Exemption Certificates Accountability Record. * * *
    84. Section 53.245 is amended in paragraphs (c), (f), (g), (h), 
(i), and (j) by revising the paragraph headings to read as follows:


53.245  Government property.

* * * * *
    (c) SF 1423 (REV. XX/XX), Inventory Verification Survey.
* * * * *
    (f) SF 1426 (REV. XX/XX), Inventory Schedule A (Metals in Mill 
Product Form), and SF 1427 (REV. 7/89), Inventory Schedule A-
Continuation Sheet (Metals in Mill Product Form. * * *
    (g) SF 1428 (REV. XX/XX), Inventory Schedule B, and SF 1429 (REV. 
7/89), Inventory Schedule B-Continuation Sheet. * * *
    (h) SF 1430 (REV. XX/XX), Inventory Schedule C (Work-in-Process) 
and SF 1431 (REV. 7/89), Inventory Schedule C-Continuation Sheet (Work-
in-Process). * * *
    (i) SF 1432 (REV. XX/XX), Inventory Schedule D (Special Tooling and 
Special Test Equipment), and SF 1433 (REV. 7/89), Inventory Schedule D-
Continuation Sheet (Special Tooling and Special Test Equipment).* * *
    (j) SF 1434 (REV. XX/XX), Termination Inventory Schedule E (Short 
Form for Use with SF 38 Only). * * *
BILLING CODE 6820-EP-P

[[Page 48367]]

    85. Section 53.301-129 is revised to read as follows:


53.301-129  Standard Form 129, Solicitation Mailing List Application.
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[[Page 48368]]

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[[Page 48369]]

    85. Section 53.301-1094 is revised to read as follows:


53.301-1094  Standards Form 1094, U.S. Tax Exemption Certificates.
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[[Page 48370]]

[GRAPHIC] [TIFF OMITTED] TP12SE96.053



[[Page 48371]]

    86. Section 53.301-1094 is revised to read as follows:


53.301-1094A  Standard Form 1094A, Tax Exemption Certificates 
Accountability Record.
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[[Page 48372]]

[GRAPHIC] [TIFF OMITTED] TP12SE96.055



[[Page 48373]]

    87. Section 53.301-1423 is revised to read as follows:


53.301-1423  Standard Form 1423, Inventory Verification Survey.
[GRAPHIC] [TIFF OMITTED] TP12SE96.056


[[Page 48374]]


    88. Section 53.301-1426 is revised to read as follows:


53.301-1426  SF 1426, Inventory Schedule A (Metals in Mill Product 
Form).
[GRAPHIC] [TIFF OMITTED] TP12SE96.057


[[Page 48375]]


    89. Section 53.301-1428 is revised to read as follows:


53.301-1428  SF 1428, Inventory Schedule B.
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[[Page 48376]]


    90. Section 53.301-1430 is revised to read as follows:


53.301-1430  SF 1430, Inventory Schedule C (Work-in-Process).
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[[Page 48377]]


    91. Section 53.301-1434 is revised to read as follows:


53.301-1432  SF 1432, Inventory Schedule D (Special Tooling and Special 
Test Equipment).
[GRAPHIC] [TIFF OMITTED] TP12SE96.060


[[Page 48378]]


    92. Section 53.301-1434 is revised to read as follows:


53.301-1434  SF 1434 Termination Inventory Schedule E (Short Form For 
Use With SF 1438 Only).
[GRAPHIC] [TIFF OMITTED] TP12SE96.061


[[Page 48379]]


    93. Section 53.301-1445 is revised to read as follows:


53.301-1445  SF 1445, Labor Standards Interview.
[GRAPHIC] [TIFF OMITTED] TP12SE96.062


[FR Doc. 96-23169 Filed 9-11-96; 8:45 am]
BILLING CODE 6820-EP-C