[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Proposed Rules]
[Pages 31342-31343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13424]





48 CFR Part 2

[FAR Case 2015-019; Docket No. 2015-0019; Sequence No. 1]
RIN 9000-AM96

Federal Acquisition Regulation; Definition of Multiple-Award 

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

ACTION: Proposed rule.


SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to define multiple-award contract.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addresses shown below on or before 
August 3, 2015 to be considered in the formation of the final rule.

ADDRESSES: Submit comments in response to FAR Case 2015-019 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2015-019''. Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2015-019.'' Follow the instructions provided at the ``Comment 
Now'' screen. Please include your name, company name (if any), and 
``FAR Case 2015-019'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR Case 2015-
019, in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement 
Analyst, at 703-605-2868, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAR Case 2015-019.


I. Background

    On October 2, 2013, the U.S. Small Business Administration (SBA) 
issued a final rule establishing new policies and procedures for 
multiple-award contracts and task and delivery orders in the Federal 
Register at 78 FR 61114. The final rule implemented several provisions 
of the Small Business Jobs Act of 2010, Public Law 111-240. Section 
1311 of Public Law 111-240 (15 U.S.C. 632(v)) added a definition of 
``multiple award contract''. The SBA final rule included a definition 
of ``multiple award contract'' at 13 CFR 125.1(k).

II. Proposed FAR Change

    The purpose of the proposed FAR change is to define multiple-award 
contract. The proposed FAR change would add a definition of multiple-
award contract to FAR subpart 2.1, Definitions.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits

[[Page 31343]]

(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). E.O. 13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. This is not a 
significant regulatory action and, therefore was not subject to review 
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The change is not expected to have a significant economic impact on 
a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The Initial 
Regulatory Flexibility Analysis (IRFA) is summarized as follows:

    DoD, GSA, and NASA are proposing to amend the FAR to define 
multiple-award contract. On October 2, 2013, the Small Business 
Administration (SBA) issued a final rule (78 FR 61114) to implement 
various sections of the Small Business Jobs Act of 2010 (Pub. L. 
111-240) by establishing new policies and procedures for multiple-
award contracts and task and delivery orders. SBA's final rule 
included a definition of multiple-award contract. This proposed rule 
defines multiple-award contract to implement that part of SBA's 
final rule in the FAR.
    The objective of this proposed rule is to implement a statutory 
requirement. The authorizing legislation is Section 1311 of the 
Small Business Jobs Act of 2010 (Pub. L. 111-240).
    This rule is not expected to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The proposed rule 
applies to all entities who do business with the Federal Government, 
but it is not expected to have a significant impact.
    This rule does not impose any new reporting, recordkeeping or 
other compliance requirements. The rule does not duplicate, overlap, 
or conflict with any other Federal rules.

    The Regulatory 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 Regulatory Secretariat. DoD, GSA, 
and NASA invite comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the rule in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-019), 
in correspondence.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subject in 48 CFR Part 2

    Government procurement.

    Dated: May 28, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR part 2 as set 
forth below:


1. The authority citation for 48 CFR part 2 continues to read as 

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

2. Amend section 2.101 in paragraph (b) by adding, in alphabetical 
order, the definition ``Multiple-award contract'', to read as follows:

2.101  Definitions.

* * * * *
    (b) * * *
    (2) * * *
    Multiple-award contract means a contract that is--
    (1) A Multiple Award Schedule contract issued by GSA (e.g., GSA 
Schedule Contract) or agencies granted Multiple Award Schedule contract 
authority by GSA (e.g., Department of Veterans Affairs) as described in 
FAR part 38;
    (2) A multiple-award task-order or delivery-order contract issued 
in accordance with FAR subpart 16.5, including Governmentwide 
acquisition contracts; or
    (3) Any other indefinite-delivery, indefinite-quantity contract 
entered into with two or more sources pursuant to the same 
* * * * *
[FR Doc. 2015-13424 Filed 6-1-15; 8:45 am]