[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Rules and Regulations]
[Pages 43855-43857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18533]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

[FAC 2001-15; FAR Case 2001-032; Item I]
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: Final rule.

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

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending 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: Effective Date: August 25, 2003.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC, 20405, (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 FAC 2001-15, FAR case 2001-032.

SUPPLEMENTARY INFORMATION:

A. Background

    In order to broaden use and reliance on e-business applications, 
the Councils have been 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 have 
agreed 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, an increasing number of agencies are requiring 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 
Web site. 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. 
FAR changes are pending that will require use of CCR as the single 
validated source of data on contractors doing business with the 
Government (http://www.ccr.gov). 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. FedBizOpp, 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 have eliminated the manual 
collection of contractor data using the SF 129.
    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 67 FR 67762, November 6, 2002. Three sources submitted 
comments in response to the proposed rule. All respondents agreed with 
the rule as published. One respondent pointed out a typographical error 
at 52.214-10. That error has been corrected. Additionally, the proposed 
rule inadvertently omitted the phrase ``except for construction,'' at 
14.201-6(e), the prescription for the use of the provision at 52.214-
10, Contract Award-Sealed Bidding. That language has been corrected in 
this final rule.
    This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of Executive

[[Page 43856]]

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 Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the rule substitutes 
efficient electronic databases for solicitation mailing lists and the 
SF 129, Solicitation Mailing List Application. Continued reliance on 
the SF 129 would unnecessarily promote inefficiency associated with 
paper-based processes. The successful phase-out of the paper-based 
Commerce Business Daily in favor of reliance on FedBizOpps demonstrates 
that the Federal contracting community, including small businesses, is 
successfully transitioning to greater use of electronic tools and their 
associated efficiencies to conduct business.

C. Paperwork Reduction Act

    The Paperwork Reduction Act no long applies because the final rule 
eliminates reporting and recordkeeping requirements currently approved 
under OMB Control Number 9000-0002. This rule will reduce the 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: July 16, 2003.
Laura Auletta,
Director, Acquisition Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 5, 14, 19, 22, 36, 
52, and 53 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 5, 14, 19, 22, 36, 52, 
and 53 is revised to read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106  [Amended]

0
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

0
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]

0
4. Amend section 5.403 in paragraph (a) by removing ``(a) Individual 
requests.''; and by removing paragraph (b).

PART 14--SEALED BIDDING


14.103-1  [Amended]

0
5. Amend section 14.103-1 by removing paragraph (b) and redesignating 
paragraphs ``(c)'' and ``(d)'' as ``(b)'' and ``(c)'', respectively.

0
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, except those for 
construction, the provision at 52.214-10, Contract Award-Sealed 
Bidding.
* * * * *

0
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 must be provided in 
accordance with 5.102. * * *

0
8. Revise section 14.205 and its section heading 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]

0
9. Remove sections 14.205-1 through 14.205-5.


14.211  [Amended]

0
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.

0
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]

0
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]

0
13. Amend section 19.202-4 by removing paragraph (c) and redesignating 
paragraph (d) as (c).


19.402  [Amended]

0
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

0
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]

0
16. Amend section 36.213-3 in the parenthetical in paragraph (d) by 
removing ``14.205 and''.

[[Page 43857]]

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.214-9  [Removed and Reserved]

0
17. Remove and reserve section 52.214-9.


52.214-10  [Amended]

0
18. Amend section 52.214-10 in the prescription by removing ``14.201-
6(e)(2)'' and adding ``14.201-6(e)'' in its place.

PART 53--FORMS


53.214  [Amended]

0
19. Amend section 53.214 by removing and reserving paragraph (e).


53.301-129  [Removed]

0
20. Remove section 53.301-129.

[FR Doc. 03-18533 Filed 7-23-03; 8:45 am]
BILLING CODE 6820-EP-P