[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Proposed Rules]
[Pages 31895-31900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11977]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 7, 9, 12, 13, 17, 18, 19, 22, 25, 26, 28, 32, 
44, and 52

[FAR Case 2015-005; Docket No. 2015-0005, Sequence No. 1]
RIN 9000-AN19


Federal Acquisition Regulation: System for Award Management 
Registration

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

ACTION: Proposed rule.

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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to update the instructions for System for 
Award Management (SAM) registration requirements and to correct an 
inconsistency with offeror representation and certification 
requirements.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat Division at one of the addresses shown below on 
or before July 19, 2016 to be considered in the formation of the final 
rule.

ADDRESSES: Submit comments in response to FAR case 2015-005 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching ``FAR Case 
2015-005''. Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2015-005.'' Follow the instructions provided on the screen. Please 
include your name, company name (if any), and ``FAR Case 2015-005'' on 
your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd 
Floor, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR Case 2015-
005, 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: Mr. Curtis E. Glover, Sr., Procurement

[[Page 31896]]

Analyst, at 202-501-1448 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAR Case 2015-005.

SUPPLEMENTARY INFORMATION: 

I. Background

    Currently, the language in the FAR is not consistent in terms of 
whether offerors need to be registered in SAM prior to submitting an 
offer or prior to award. Per FAR clause 52.204-7 an offeror is not 
``registered in the SAM database'' unless an offeror has completed its 
online annual representations and certifications. FAR 52.204-8(b) and 
(d) state that if clause 52.204-7 is included in the solicitation, then 
the offeror verifies by submission of the offer that the 
representations and certifications in SAM are current and accurate. 
While the clauses instruct offerors to complete representations and 
certifications by registering in SAM prior to the submission of offers, 
the policy at FAR 4.1102 states that SAM registration (which includes 
online reps and certs) must be completed by the time of award. In order 
to correct this inconsistency DoD, GSA, and NASA are proposing to amend 
FAR 4.1102 and 4.1103 to require offeror registration in SAM prior to 
submission of an offer.
    In addition, the proposed rule will require contracting officers to 
use the name and physical address from the contractor's SAM 
registration for the provided Data Universal Numbering System (DUNS). 
We recognize that there is an ongoing FAR case (2015-022, Unique 
Identification of Entities Receiving Federal Awards) to remove the 
reference to the DUNS number, and once the final rule from that case is 
published; references to the DUNS number will be changed. This proposed 
rule also removes the term ``division name'' from the FAR text at FAR 
4.1102, clause 52.204-13, and provision 52.212-4.
    The proposed rule also changes the referenced Web site 
``acquisition.gov'' to ``SAM.gov'' to be consistent with the rest of 
the FAR. ``Database'' is also added to ``SAM'' so that in the FAR it is 
clearly understood that the reference is to the ``SAM database''.

II. 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 (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 proposed rule is not a major 
rule under 5 U.S.C. 804.

V. Regulatory Flexibility Act

    DoD, GSA, and NASA 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 Flexibility Act, 5 U.S.C. 601, et 
seq., because the proposed rule would only change when an offeror must 
be registered in SAM. However, an initial regulatory flexibility 
analysis (IRFA) has been performed and is summarized as follows:

    FAR subpart 4.11 was updated by FAR case 2012-033 which was 
published in the Federal Register at 78 FR 37676 on June 21, 2013, 
to reflect the retirement of the Central Contractor Registration and 
Online Representation and Certification Application systems and the 
implementation of SAM. Since the final rule was published, the 
Department of Defense (DoD) identified three clarifications that 
need to be made to the subpart and its associated provisions and 
clauses.
    Currently, the language in the FAR is not consistent in terms of 
whether offerors need to be registered in SAM prior to submitting an 
offer or prior to award. Per FAR clause 52.204-7 an offeror is not 
``registered in the SAM database'' unless an offeror has completed 
its online annual representations and certifications. FAR 52.204-
8(b) and (d) state that if clause 52.204-7 is included in the 
solicitation, then the offeror verifies by submission of the offer 
that the representations and certifications in SAM are current and 
accurate. While the clauses instruct offerors to complete 
representations and certifications by registering in SAM prior to 
submission of offers, the policy at FAR 4.1102 states that SAM 
registration (which includes online reps and certs) must be 
completed by the time of award.
    In order to correct this inconsistency the rule proposes that 
offerors be registered in SAM prior to submission of an offer. Once 
offerors are registered in SAM they are in the system and are only 
required to update SAM registration in accordance with the clause. 
This eliminates the need for potential offerors to complete reps and 
certs multiple times when responding to solicitations.
    The proposed rule would apply to small businesses that submit 
offers to the Federal Government. The rule contains information 
collection requirements. OMB has cleared this information collection 
requirement under OMB Control Number 9000-0159, titled: Central 
Contractor Registration. GSA has submitted a request to OMB to 
change the name of the collection to ``System for Award Management 
Registration.'' That request is pending.
    The total number of small businesses in the Federal Procurement 
Data System (FPDS) for FY 2013 is 111,036. This proposed rule would 
apply to that number of small businesses, as well as an estimated 
equal number that did not receive an award for FY 2013.
    There will be no burden on small businesses because this 
proposed rule change does not place any new requirements on small 
entities. The only change is when the requirement for submission of 
the representations and certifications must occur.
    This proposed rule requires offerors to be registered in SAM 
prior to submission of an offer. Once offerors are registered in SAM 
they are in the system and are only required to update SAM 
registration in accordance with the clause. This eliminates the need 
for potential offerors to complete representations and 
certifications multiple times when responding to solicitations.
    The proposed rule does not duplicate, overlap, or conflict with 
any other Federal rules.
    There are no significant alternatives to the rule which 
accomplish the stated objectives of applicable statutes and which 
minimize any significant economic impact of the proposed rule on 
small entities.

    The Regulatory Secretariat Division 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 Division. DoD, GSA, and NASA invite comments from small 
business concerns and other interested parties on the expected impact 
of this proposed rule on small entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the 
proposed rule consistent with 5 U.S.C. 610. Interested parties must 
submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 
2015-005), in correspondence.

VI. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies. The 
proposed rule contains information collection requirements. OMB has 
cleared this information collection requirement under OMB Control 
Number 9000-0159; Central Contractor Registration. GSA has submitted a 
request to OMB to change the name of the collection to ``System for 
Award Management Registration.'' That request is pending.

List of Subjects in 48 CFR Parts 2, 4, 7, 9, 12, 13, 17, 18, 19, 
22, 25, 26, 28, 32, 44, and 52

    Government procurement.


[[Page 31897]]


    Dated: May 17, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA are proposing to amend 48 CFR parts 
2, 4, 7, 9, 12, 13, 17, 18, 19, 22, 25, 26, 28, 32, 44, and 52, as set 
forth below:

0
1. The authority citation for 48 CFR parts 2, 4, 7, 9, 12, 13, 17, 18, 
19, 22, 25, 26, 28, 32, 44, and 52 continues to read as follows:

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

PART 2--DEFINITIONS OF WORDS AND TERMS


2.101   [Amended]

0
2. Amend section 2.101 in paragraph (b) by removing from the definition 
``Disaster Response Registry'', ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place.

PART 4--ADMINISTRATIVE MATTERS

0
3. Amend section 4.605 by revising the introductory text of paragraph 
(c)(2) to read as follows.


4.605   Procedures.

* * * * *
    (c) * * *
    (2) Authorized generic DUNS numbers, maintained by the Integrated 
Award Environment (IAE) Business Operations Division program office 
(https://www.sam.gov), may be used to report contracts in lieu of the 
contractor's actual DUNS number only for--
* * * * *
0
4. Amend section 4.1102 by--
0
a. Revising the introductory text of paragraph (a);
0
b. Redesignate paragraph (c) as paragraph (d);
0
c. Adding a new paragraph (c); and
0
d. Revising newly redesignated paragraph (d)(1)(i).
    The revisions read as follows.


4.1102   Policy.

    (a) Prospective contractors shall be registered in the SAM database 
at the time an offer or quote is submitted in order to comply with the 
annual representations and certifications requirements (see FAR subpart 
4.12) of a contract or agreement, except for--
* * * * *
    (c) Contracting officers shall use the legal business name or 
``doing business as'' name and physical address from the contractor's 
SAM registration for the provided DUNS number to identify the 
contractor in Schedule A of the contract, similar sections of non-
uniform contract formats and agreements, and all corresponding forms 
and data exchanges. Contracting officers shall make no changes to the 
data from SAM.
    (d)(1)(i) If a contractor has legally changed its business name or 
``doing business as'' name (whichever is shown on the contract), or has 
transferred the assets used in performing the contract, but has not 
completed the necessary requirements regarding novation and change-of-
name agreements in subpart 42.12, the contractor shall provide the 
responsible contracting officer a minimum of one business day's written 
notification of its intention to: Change the name in the SAM database; 
comply with the requirements of subpart 42.12; and agree in writing to 
the timeline and procedures specified by the responsible contracting 
officer. The contractor must provide with the notification sufficient 
documentation to support the legally changed name.
* * * * *
0
5. Revise section 4.1103 to read as follows:


4.1103   Procedures.

    (a) Unless the acquisition is exempt under 4.1102, the contracting 
officer--
    (1) Shall verify that the prospective contractor is registered in 
the SAM database (see paragraph (b) of this section) at the time of 
offer or quote submission;
    (2) Should use the DUNS number or, if applicable, the DUNS+4 
number, to verify SAM registration--
    (i) Via the Internet via https://www.sam.gov;
    (ii) As otherwise provided by agency procedures; and
    (3) Need not verify SAM registration before placing an order or 
call if the contract or agreement includes the provision at 52.204-7 
System for Award Management, or the clause at 52.212-4 Contract Terms 
and Conditions--Commercial Items, or a similar agency clause, except 
when use of the Governmentwide commercial purchase card is contemplated 
as a method of payment. (See 32.1108(b)(2)).
    (b) If the contract action is being awarded pursuant to 
4.1102(a)(5), or in a manner that considers other such instances of 
urgency, the contractor shall be registered in the SAM database within 
30 days after contract award, or at least three days prior to 
submission of the first invoice, whichever occurs first.
    (c) Agencies shall protect against improper disclosure of 
Contractor or offeror SAM information.
    (d) The contracting officer shall, on contractual documents 
transmitted to the payment office, provide the DUNS number, or, if 
applicable, the DUNS+4, in accordance with agency procedures.


4.1104   [Amended]

0
6. Amend section 4.1104 by removing from the paragraph ``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place.


4.1200   [Amended]

0
7. Amend section 4.1200 by removing from the introductory text ``System 
for Award Management (SAM)'' and adding ``System for Award Management 
(SAM) database'' in its place.


4.1201   [Amended]

0
8. Amend section 4.1201 by--
0
a. Removing from paragraph (a) ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place; and
0
b. Removing from paragraph (b)(1) ``shall update'' and adding ``shall 
review and update'' in its place.

PART 7--ACQUISITION PLANNING


7.103   [Amended]

0
9. Removing from paragraph (y) ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place.

PART 9--CONTRACTOR QUALIFICATIONS

0
10. Amend section 9.404 by--
0
a. Revising the section heading;
0
b. Revising paragraph (a)(1);
0
c. Removing from the introductory text of paragraph (b) ``The SAM 
Exclusions'' and adding ``An exclusion record in SAM'' in its place;
0
d. Removing from paragraph (b)(1) ``of all contractors debarred'' and 
adding ``of the contractor debarred'' in its place;
0
e. Revising paragraph (c); and
0
f. Removing from paragraph (d) ``https://www.acquisition.gov and adding 
``https://www.sam.gov'' in its place.
    The revisions read as follows:


9.404   Exclusions in the System for Award Management.

    (a) * * *
    (1) Operates the web-based System for Award Management (SAM) which 
contains Exclusions records; and
* * * * *
    (c) Each agency must--
    (1) Identify the individual(s) responsible for entering and 
updating exclusions data in SAM and assign the appropriate roles in 
SAM;
    (2) Remove the exclusion roles in SAM when the individual leaves 
the organization or changes functions;

[[Page 31898]]

    (3) For each Exclusion accomplished by the Agency enter the 
information required by paragraph (b) of this section within 3 working 
days after the action becomes effective;
    (4) For each Exclusion accomplished by the Agency determine whether 
it is legally permitted to enter the SSN, EIN, or other TIN, under 
agency authority to suspend or debar;
    (5) For each Exclusion accomplished by the Agency update the 
exclusion record in the SAM database, generally within 5 working days 
after modifying or rescinding an action;
    (6) In accordance with internal retention procedures, maintain 
records relating to each debarment, suspension, or proposed debarment 
taken by the agency;
    (7) Establish procedures to ensure that the agency does not solicit 
offers from, award contracts to, or consent to subcontracts with 
contractors who have an active exclusion record in the SAM database, 
except as otherwise provided in this subpart;
    (8) Direct inquiries concerning listed contractors to the agency or 
other authority that took the action; and
    (9) Contact GSA for technical assistance with SAM, via the support 
email address or on the technical support phone line available at the 
SAM Web site provided in paragraph (d) of this section.
* * * * *

PART 12--ACQUISITION OF COMMERCIAL ITEMS


12.301  [Amended]

0
11. Removing from paragraphs (d)(1) and (2) ``registered in SAM'' and 
adding ``registered in the SAM database'' in their places, 
respectively.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.102  [Amended]

0
12. Amend section 13.102 by removing from paragraph (a) ``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place.

PART 17--SPECIAL CONTRACTING METHODS

0
13. Amend section 17.207 by revising paragraph (c)(5) to read as 
follows.


17.207  Exercise of options.

* * * * *
    (c) * * *
    (5) The contractor does not have an active exclusion record in the 
System for Award Management Exclusions database (see FAR 9.405-1);
* * * * *

PART 18--EMERGENCY ACQUISITIONS

0
14. Revise section 18.102 to read as follows.


18.102  System for Award Management.

    Contractors are not required to be registered in the System for 
Award Management (SAM) database for contracts awarded to support 
unusual or compelling needs or emergency operations (see 4.1102). 
However, contractors are required to be registered in the SAM database 
in order to gain access to the Disaster Response Registry. Contracting 
officers shall consult the Disaster Response Registry via https://www.sam.gov to determine the availability of contractors for debris 
removal, distribution of supplies, reconstruction, and other disaster 
or emergency relief activities inside the United States and outlying 
areas. (See 26.205).

PART 19--SMALL BUSINESS PROGRAMS


19.307  [Amended]

0
15. Amend section 19.307 by removing from paragraph (i)(3)(iii) 
``(SAM)'' and adding ``(SAM) database'' in its place; and removing from 
paragraph (i)(5)(iii) ``designation in SAM'' and adding ``designation 
in the SAM database'' in its place.


19.308  [Amended]

0
16. Amend section 19.308 by removing from paragraph (i)(3)(iii) 
``(SAM)'' and adding ``(SAM) database'' in its place; and removing from 
paragraph (i)(5)(iii) ``designation in SAM'' and adding ``designation 
in the SAM database'' in its place.


19.1503  [Amended]

0
17. Amend section 19.1503 by removing from paragraph (b)(1) ``(SAM)'' 
and adding ``(SAM) database'' in its place.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
18. Amend section 22.1025 by revising the first sentence of the text to 
read as follows.


22.1025  Ineligibility of violators.

    Persons or firms found to be in violation of the Service Contract 
Labor Standards statute will have an active exclusion record contained 
in the System for Award Management Exclusions database (see 9.404). * * 
*

PART 25--FOREIGN ACQUISITION

0
19. Amend section 25.703-3 by revising paragraph (a) to read as 
follows.


25.703-3  Prohibition on contracting with entities that export 
sensitive technology to Iran.

    (a) The head of an executive agency may not enter into or extend a 
contract for the procurement of goods or services with a person that 
exports certain sensitive technology to Iran, as determined by the 
President and is listed as being excluded in the System for Award 
Management database (see via http://www.sam.gov) (22 U.S.C. 8515).
* * * * *

PART 26--OTHER SOCIOECONOMIC PROGRAMS


26.205  [Amended]

0
20. Amended section 26.205 by removing from paragraphs (a) and (b) 
``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in 
their places.

PART 28--BONDS AND INSURANCE

0
21. Amend section 28.203-7 by revising paragraph (c); and removing from 
paragraph (d) ``(see 9.404) unless'' and adding ``(see 9.404), unless'' 
in its place.
    The revision reads as follows:


28.203-7  Exclusion of individual sureties.

* * * * *
    (c) An individual surety excluded pursuant to this subsection shall 
be entered in the System for Award Management Exclusions (see 9.404).
* * * * *

PART 32--CONTRACT FINANCING


32.805  [Amended]

0
22. Amend section 32.805 by removing from paragraph (d)(4) 
``Management'' and adding ``Management database'' in its place.


32.1108  [Amended]

0
23. Amend section 32.1108 by removing from paragraph (b)(2)(i) 
``(SAM)'' and adding ``(SAM) database'' in its place; and removing from 
paragraph (b)(2)(ii) ``SAM indicates'' and adding ``SAM database 
indicates'' in its place.
0
24. Amend section 32.1110 by revising the introductory text of 
paragraph (a)(1) to read as follows:


32.1110  Solicitation provision and contract clauses.

    (a) * * *
    (1) 52.232-33, Payment by Electronic Funds Transfer--System for 
Award

[[Page 31899]]

Management, in solicitations and contracts that include the provision 
at 52.204-7, System for Award Management or an agency clause that 
requires a contractor to be registered in the SAM database and maintain 
registration until final payment, unless--
* * * * *

PART 44--SUBCONTRACTING POLICIES AND PROCEDURES

0
25. Amend section 44.202-2 by revising paragraph (a)(13) to read as 
follows:


44.202-2  Considerations.

    (a) * * *
    (13) Is the proposed subcontractor listed as being excluded in the 
System for Award Management database (see subpart 9.4)?
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
26. Amend section 52.204-7 by--
0
a. Revising the date of the provision;
0
b. Revising paragraph (b)(1);
0
c. Removing from paragraph (c)(2)(i) ``legal business.'' and adding 
``legal business name.'' in its place;
0
d. Revising paragraph (d);
0
e. Removing paragraphs (e) and (f); and
0
f. Revising the date of Alternate I and paragraph (b)(1) of Alternate 
I.
    The revisions read as follows.


52.204-7  System for Award Management.

* * * * *

System for Award System (Date)

* * * * *
    (b)(1) By submission of an offer, the offeror acknowledges that the 
offeror is registered in the SAM database and the requirement that a 
prospective awardee shall continue to be registered at time of award, 
during performance, and through final payment of any contract, basic 
agreement, basic ordering agreement, or blanket purchasing agreement 
resulting from this solicitation.
* * * * *
    (d) Processing time, which normally takes 48 hours, should be taken 
into consideration when registering. Offerors who are not registered in 
the SAM database should consider applying for registration immediately 
upon receipt of this solicitation. See https://www.sam.gov for 
information on registration.
* * * * *
    Alternate I (Date). * * *
    (b)(1) By submission of an offer, the offeror acknowledges that the 
offeror is registered in the SAM database and the requirement that a 
prospective awardee shall continue to be registered at time of award, 
during performance, and through final payment of any contract, basic 
agreement, basic ordering agreement, or blanket purchasing agreement 
resulting from this solicitation.
0
27. Amend section 52.204-8 by--
0
a. Revising the date of the provision,
0
b. Removing from the introductory text of paragraph (b)(2) ``Management 
(SAM),'' and adding ``Management (SAM) database'' in its place; and
0
c. Removing from paragraph (d) ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place.
    The revisions read as follows:


52.204-8  Annual Representations and Certifications.

* * * * *

Annual Representations and Certifications (Date)

* * * * *
0
28. Amend section 52.204-13 by--
0
a. Revising the date of the clause;
0
b. Removing from the first sentence of paragraph (b) ``for the 
accuracy'' and adding ``for currency, accuracy'' in its place; and 
removing from the last sentence ``the SAM does'' and adding ``the SAM 
database does'' in its place;
0
c. Revising the first sentence of the introductory text of paragraph 
(c)(1)(i);
0
d. Removing from the second sentence of paragraph (c)(2) ``in the SAM'' 
and adding ``in the SAM database'' in its place; and
0
e. Removing from paragraph (d) ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place.
    The revisions read as follows:


52.204-13  System for Award Management Maintenance.

* * * * *

System for Award Management Maintenance (Date)

* * * * *
    (c) * * *
    (1) * * *
    (i) If a Contractor has legally changed its business name or doing 
business as name (whichever is shown on the contract), or has 
transferred the assets used in performing the contract, but has not 
completed the necessary requirements regarding novation and change-of-
name agreements in subpart 42.12, the Contractor shall provide the 
responsible Contracting Officer a minimum of one business day's written 
notification of its intention to--
* * * * *
0
29. Amend section 52.209-7 by revising the date of the provision and 
removing from paragraph (d) ``https://www.acquisition.gov'' and adding 
``https://www.sam.gov'' in its place.
    The revision reads as follows:


52.209-7  Information Regarding Responsibility Matters.

* * * * *

Information Regarding Responsibility Matters (Date)

* * * * *
0
30. Amend section 52.209-9 by revising the date of the clause and 
removing from paragraph (a) ``https://www.acquisition.gov'' and adding 
``https://www.sam.gov'' in its place.
    The revision reads as follows:


52.209-9  Updates of Publicly Available Information Regarding 
Responsibility Matters.

* * * * *

Updates of Publicly Available Information Regarding Responsibility 
Matters (Date)

* * * * *
0
31. Amend section 52.212-1 by revising the date of provision and 
paragraph (k) to read as follows:


52.212-1  Instructions to Offerors--Commercial Items.

* * * * *

Instructions to Offerors--Commercial Items (Date)

* * * * *
    (k) System for Award Management. Unless exempted by an addendum to 
this solicitation, by submission of an offer, the offeror acknowledges 
that the offeror is registered in the SAM database and the requirement 
that a prospective awardee shall continue to be registered at time of 
award, during performance and through final payment of any contract 
resulting from this solicitation. If the Offeror is not registered in 
the SAM database prior to award of the contract, except in instances of 
urgency (see 4.1102(a)(5), the Contracting Officer will proceed to 
award to the next otherwise successful registered Offeror. Offerors may 
obtain information on registration and annual confirmation requirements 
via the SAM database accessed through https://www.sam.gov.
* * * * *
0
32. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing from the introductory text of the provision ``http://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place;
0
c. Revising paragraph (b)(2); and
0
d. Removing from the introductory text of paragraph (p) ``registered in 
SAM'' and adding ``registered in the SAM database'' in its place.
    The revision reads as follows:

[[Page 31900]]

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

* * * * *

Offeror Representations and Certifications--Commercial Items (Date)

* * * * *
    (b) * * *
    (2) The offeror has completed the annual representations and 
certifications electronically via the SAM Web site accessed through 
http://www.sam.gov. After reviewing the SAM database information, the 
offeror verifies by submission of this offer that the representations 
and certifications currently posted electronically at FAR 52.212-3, 
Offeror Representations and Certifications--Commercial Items, have been 
entered or updated in the last 12 months, are current, accurate, 
complete, and applicable to this solicitation (including the business 
size standard applicable to the NAICS code referenced for this 
solicitation), at the time an offer is submitted and are incorporated 
in this offer by reference (see FAR 4.1201), except for paragraphs ___. 
[Offeror to identify the applicable paragraphs at (c) through (r) of 
this provision that the offeror has completed for the purposes of this 
solicitation only, if any.
    These amended representation(s) and/or certification(s) are also 
incorporated in this offer and are current, accurate, and complete as 
of the date of this offer.
    Any changes provided by the offeror are applicable to this 
solicitation only, and do not result in an update to the 
representations and certifications posted electronically on SAM.]
* * * * *
0
33. Amend section 52.212-4 by--
0
a. Revising the date of the clause;
0
b. Revising paragraphs (t)(1) and (t)(2)(i);
0
c. Removing from paragraph (t)(4) ``https://www.acquisition.gov'' and 
adding ``https://www.sam.gov'' in its place; and
0
d. Removing from paragraph (v) ``System for Award Management (SAM)'' 
and adding ``SAM database'' in its place.
    The revised text reads as follows:


52.212-4  Contract Terms and Conditions--Commercial Items.

* * * * *

Contract Terms and Conditions--Commercial Items (Date)

* * * * *
    (t) * * * (1) Unless exempted by an addendum to this contract, the 
Contractor is responsible during performance and through final payment 
of any contract for the currency, accuracy and completeness of the data 
within the SAM database, and for any liability resulting from the 
Government's reliance on inaccurate or incomplete data. To remain 
registered in the SAM database after the initial registration, the 
Contractor is required to review and update on an annual basis from the 
date of initial registration or subsequent updates, its information in 
the SAM database to ensure it is current, accurate and complete. 
Updating information in the SAM does not alter the terms and conditions 
of this contract and is not a substitute for a properly executed 
contractual document.
    (2)(i) If a Contractor has legally changed its business name or 
``doing business as'' name (whichever is shown on the contract), or has 
transferred the assets used in performing the contract, but has not 
completed the necessary requirements regarding novation and change-of-
name agreements in FAR subpart 42.12, the Contractor shall provide the 
responsible Contracting Officer a minimum of one business day's written 
notification of its intention to: change the name in the SAM database; 
comply with the requirements of subpart 42.12; and agree in writing to 
the timeline and procedures specified by the responsible Contracting 
Officer. The Contractor must provide with the notification sufficient 
documentation to support the legally changed name.
* * * * *
[FR Doc. 2016-11977 Filed 5-19-16; 8:45 am]
 BILLING CODE 6820-EP-P