[Federal Register Volume 67, Number 215 (Wednesday, November 6, 2002)]
[Proposed Rules]
[Page 67763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28205]



[[Page 67761]]

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Part IV





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Parts 1, et al.



Federal Acquisition Regulation; Elimination of the Standard Form 129, 
Solicitation

[[Page 67762]]

Mailing List Application; Proposed Rule

  Federal Register / Vol. 67, No. 215 / Wednesday, November 6, 2002 / 
Proposed Rules  
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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 5, 14, 19, 22, 36, 52, and 53

[FAR Case 2001-032]
RIN: 9000-AJ50


Federal Acquisition Regulation; Elimination of the Standard Form 
129, Solicitation Mailing List Application

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

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to remove the requirement for 
contracting offices to establish and maintain manual solicitation 
mailing lists and the need to use the Standard Form (SF 129, 
Solicitation Mailing List Application).

DATES: Interested parties should submit comments in writing on or 
before January 6, 2003 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit written comments to--General Services Administration, 
FAR Secretariat (MVA), 1800 F Street, NW, Room 4035, ATTN: Laurie 
Duarte, Washington, DC 20405. Submit electronic comments via the 
Internet to-- [email protected].
    Please submit comments only and cite FAR case 2001-032 in all 
correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC, 20405, at (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Ralph De Stefano, Procurement Analyst, at (202) 
501-1758. Please cite FAR case 2001-032.

SUPPLEMENTARY INFORMATION:

A. Background

    In order to broaden use and reliance on e-business applications, 
the Councils are working with the Office of Federal Procurement Policy 
to eliminate the need to maintain paper-based sources of contractor 
information. As part of this effort, the Councils are proposing to 
eliminate the SF 129, Solicitation Mailing List Application.
    The SF 129 was created to enable contracting activities to obtain 
information from sources to develop a solicitation mailing list. At the 
time the form was developed, manual processes were the only means 
available to assure access to adequate sources of supplies and 
services. Today, by sharp contrast, there are multiple tools available 
to agencies that can provide the functionality of the SF 129, but in a 
more efficient and effective manner. With the Administration's 
encouragement, agencies are taking advantage of these tools.
    For example, many agencies now require potential contractors to 
register in the Central Contractor Registration (CCR) system, a 
centrally located, searchable database, accessible via the Internet, as 
their tool of choice for developing, maintaining, and providing sources 
for future procurements. The CCR database enables prospective 
contractors to update their information in one place via a website 
(http://www.CCR2000.com.gov). As a single validated source of data on 
contractors doing business with the Government, contracting officers 
are now able to access, via the Internet, contractor data and industry 
information less expensively, and more efficiently identify sources for 
contracting opportunities. Additionally, information obtained manually 
on the SF 129 may now be obtained electronically through the 
Procurement Marketing and Access Network, ``PRO-NET,'' http://pro-net.sba.gov. PRO-NET is an electronic gateway of procurement 
information for and about small businesses operated by the Small 
Business Administration. It is a search engine for contracting 
officers, a marketing tool for small firms, and a link to procurement 
opportunities and important information. Furthermore, agencies are 
continually working to develop new electronic means of matching 
interested businesses with Government contracting offices on 
``FedBizOpps,'' http://www.fedbizopps.gov, the designated single 
Governmentwide point of entry for public access to notices of 
procurement actions over $25,000. FedBizOpps.gov, through its 
interested vendors list, has the capability to generate a list of 
vendors who are interested in a specific solicitation for purposes of 
teaming opportunities, subcontracting opportunities, and other business 
relationships. In light of these electronic initiatives, we propose to 
eliminate the manual collection of contractor data using the SF 129.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Councils do not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory FlexibilityAct, 5 U.S.C. 601, et seq., 
because the rule substitutes efficient electronic databases for 
solicitation mailing lists and the SF 129, Solicitation Mailing List 
Application. An Initial Regulatory Flexibility Analysis (IRFA) has been 
prepared and will be provided to the Chief Counsel for Advocacy for the 
Small Business Administration. The analysis is summarized as follows:


    This proposed rule would eliminate the SF 129, Solicitation 
Mailing List Application, so that agencies may rely exclusively on 
more efficient means to access sources of supplies. For example, 
information obtained manually on the SF 129 can be obtained more 
efficiently through the Procurement Marketing and Access PRO-NET, 
which is sponsored by the Small Business Administration. PRO-NET is 
an electronic gateway of procurement information for and about small 
businesses. It is a search engine for contracting officers, a 
marketing tool for small firms, and a link to procurement 
opportunities and important information.
    The proposed rule, when finalized, will apply to all large and 
small entities that seek contracts that are awarded by executive 
agencies. For fiscal year 2001, there were 176,258 contract actions 
awarded over the simplified acquisition threshold. The proposed rule 
imposes no reporting, recordkeeping, or other compliance 
requirements.

    The FAR Secretariat has submitted a copy of the IRFA to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the IRFA may be obtained from the FAR Secretariat. The Councils will 
consider comments from small entities concerning the affected FAR parts 
in accordance with 5 U.S.C. 610. Comments must be submitted separately 
and should cite 5 U.S.C 601, et seq. (FAR case 2001-032), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act no longer applies because the proposed 
rule eliminates reporting and recordkeeping requirements currently 
approved under OMB Control Number 9000-0002. This rule will reduce the

[[Page 67763]]

current OMB inventory by 464,000 hours.

List of Subjects in 48 CFR Parts 1, 5, 14, 19, 22, 36, 52, and 53

    Government procurement.

    Dated: November 1, 2002.
Al Matera,
Director, Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 5, 
14, 19, 22, 36, 52, and 53 as set forth below:
    1. The authority citation for 48 CFR parts 1, 5, 14, 19, 22, 36, 
52, and 53 continues to read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106  [Amended]

    2. Amend section 1.106 in the table following the introductory 
paragraph by removing from FAR segment 14.205 its corresponding OMB 
Control Number ``9000-0002'' and adding ``9000-0037'' in its place; and 
by removing the FAR segments ``14.205-4(c)'' and ``SF 129'' and their 
corresponding OMB Control Numbers ``9000-0037'' and ``9000-0002'', 
respectively.

PART 5--PUBLICIZING CONTRACT ACTIONS

    3. Amend section 5.205 by revising the fourth sentence of paragraph 
(a) to read as follows:


5.205  Special situations.

    (a) * * * Contracting officers must consider potential sources 
which respond to advance notices for a subsequent solicitation. * * *
* * * * *


5.403  [Amended]

    4. Amend section 5.403 by removing paragraph designation ``(a)'' 
and paragraph (b).

PART 14--SEALED BIDDING


14.103-1  [Amended]

    5. Amend section 14.103-1 by removing paragraph (b) and 
redesignating paragraphs ``(c)'' and ``(d)'' as ``(b)'' and ``(c)'', 
respectively.
    6. Amend section 14.201-6 by revising paragraph (e) to read as 
follows:


14.201-6  Solicitation provisions.

* * * * *
    (e) Insert in all invitations for bids the provision at 52.214-10, 
Contract Award--Sealed Bidding.
* * * * *
    7. Amend section 14.203-1 by revising the first sentence to read as 
follows:


14.203-1  Transmittal to prospective bidders.

    Invitations for bids or presolicitation notices shall be provided 
in accordance with 5.102. * * *
    8. Revise section 14.205 to read as follows:


14.205  Presolicitation notices.

    In lieu of initially forwarding complete bid sets, the contracting 
officer may send presolicitation notices to concerns. The notice 
shall--
    (a) Specify the final date for receipt of requests for a complete 
bid set;
    (b) Briefly describe the requirement and furnish other essential 
information to enable concerns to determine whether they have an 
interest in the invitation; and
    (c) Normally not include drawings, plans, and specifications. The 
return date of the notice must be sufficiently in advance of the 
mailing date of the invitation for bids to permit an accurate estimate 
of the number of bid sets required. Bid sets shall be sent to concerns 
that request them in response to the notice.


14.205-1 through 14.205-5  [Removed]

    9. Remove sections 14.205-1, 14.205-2, 14.205-3, 14.205-4, and 
14.205-5.


14.211  [Amended]

    10. Amend section 14.211 in the first sentence of paragraph (a) by 
removing ``14.205-4(c)'' and adding ``14.205'' in its place.
    11. Amend section 14.503-1 by revising the introductory text of 
paragraph (a) to read as follows:


14.503-1  Step one.

    (a) Requests for technical proposals shall be synopsized in 
accordance with Part 5. The request must include, as a minimum, the 
following:
* * * * *

PART 19--SMALL BUSINESS PROGRAMS


19.202-2  [Amended]

    12. Amend section 19.202-2 by removing paragraph (a) and 
redesignating paragraphs ``(b)'' and ``(c)'' as ``(a)'' and ``(b)'', 
respectively.


19.202-4  [Amended]

    13. Amend section 19.202-4 by removing paragraph (c) and 
redesignating paragraph (d) as (c).


19.402  [Amended]

    14. Amend section 19.402 in paragraph (c)(3) by removing the words 
``on solicitation mailing lists or''.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    15. Amend section 22.1009-2 by revising paragraph (b) to read as 
follows:


22.1009-2  Attempt to identify possible places of performance.

* * * * *
    (b) Databases available via the Internet for lists of prospective 
offerors and contractors.
* * * * *

PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


36.213-3  [Amended]

    16. Amend section 36.213-3 in the parenthetical in paragraph (d) by 
removing ``14.205 and''.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.214-9  [Removed and Reserved]

    17. Remove and reserve section 52.214-9.


52.214.10  [Amended]

    18. Amend section 52.214-10 in the prescription by removing 
``14.201-6(e)(2)'' and adding ``14.201-6(c)'' in its place.

PART 53--FORMS


53.214  [Amended]

    19. Amend section 53.214 by removing and reserving paragraph (e).


53.301-129  [Removed]

    20. Remove section 53.301-129.

[FR Doc. 02-28205 Filed 11-5-02; 8:45 am]
BILLING CODE 6820-EP-P