[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45866-45868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16249]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4 and 52
[FAC 2005-89; Item V; Docket No. 2016-0052; Sequence No. 3]
Federal Acquisition Regulation; Technical Amendments
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This document makes amendments to the Federal Acquisition
Regulation (FAR) in order to make editorial changes.
DATES: Effective: July 14, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Hada Flowers, Regulatory
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington,
DC 20405, 202-501-4755. Please cite FAC 2005-89, Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to update certain elements in 48
CFR parts 4 and 52 this document makes editorial changes to the FAR.
List of Subjects in 48 CFR Parts 4 and 52
Government procurement.
Dated: June 30, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 4 and 52, as set
forth below:
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1. The authority citation for 48 CFR parts 4 and 52 continues to read
as follow:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 4--ADMINISTRATIVE MATTERS
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2. Amend section 4.1801 by revising the definition of ``Commercial and
Government Entity (CAGE) code'' to read as follows:
4.1801 Definitions.
* * * * *
Commercial and Government Entity (CAGE) code means-
(1) An identifier assigned to entities located in the United States
or its outlying areas by the Defense Logistics Agency (DLA) Commercial
and Government Entity (CAGE) Branch to identify a commercial or
government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty
Organization (NATO) or by the NATO Support and Procurement Agency
(NSPA) to entities located outside the United States and its outlying
areas that the DLA Commercial and Government Entity (CAGE) Branch
records and maintains in the CAGE master file. This type of code is
known as a NATO CAGE (NCAGE) code.
[[Page 45867]]
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3. Amend section 4.1803 by revising paragraph (b) to read as follows:
4.1803 Verifying CAGE codes prior to award.
* * * * *
(b) For entities not required to be registered in SAM, the
contracting officer shall validate the CAGE code using the CAGE code
search feature at https://cage.dla.mil.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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4. Amend section 52.204-16 by--
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a. Revising the date of the provision;
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b. In paragraph (a), revising the definition of ``Commercial and
Government Entity (CAGE) code'';
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c. Removing from paragraph (c)(1) the word ``Contractor'' and adding
``Commercial'' in its place; and
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d. Revising paragraphs (c)(2) and (3), and (d).
The revisions read as follows:
52.204-16 Commercial and Government Entity Code Reporting.
* * * * *
Commercial and Government Entity Code Reporting (Jul 2016)
* * * * *
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United
States or its outlying areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE) Branch to identify a
commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic
Treaty Organization (NATO) or by the NATO Support and Procurement
Agency (NSPA) to entities located outside the United States and its
outlying areas that the DLA Commercial and Government Entity (CAGE)
Branch records and maintains in the CAGE master file. This type of
code is known as a NATO CAGE (NCAGE) code.
(c) * * *
(2) The DLA Commercial and Government Entity (CAGE) Branch. If
registration in SAM is not required for the subject procurement, and
the offeror does not otherwise register in SAM, an offeror located
in the United States or its outlying areas may request that a CAGE
code be assigned by submitting a request at https://cage.dla.mil.
(3) The appropriate country codification bureau. Entities
located outside the United States and its outlying areas may obtain
an NCAGE code by contacting the Codification Bureau in the foreign
entity's country if that country is a member of NATO or a sponsored
nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign
entity's country is not a member of NATO or a sponsored nation.
Points of contact for codification bureaus, as well as additional
information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE
codes is available at https://cage.dla.mil.
* * * * *
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5. Amend section 52.204-17 by--
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a. Revising the date of the provision; and
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b. In paragraph (a), revising the definition of ``Commercial and
Government Entity (CAGE) code''.
The revisions read as follows:
52.204-17 Ownership or Control of Offeror.
* * * * *
Ownership or Control of Offeror (Jul 2016)
* * * * *
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United
States or its outlying areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE) Branch to identify a
commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic
Treaty Organization (NATO) or by the NATO Support and Procurement
Agency (NSPA) to entities located outside the United States and its
outlying areas that the DLA Commercial and Government Entity (CAGE)
Branch records and maintains in the CAGE master file. This type of
code is known as a NATO CAGE (NCAGE) code.
* * * * *
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6. Amend section 52.204-18 by--
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a. Revising the date of the clause;
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b. In paragraph (a), revising the definition of ``Commercial and
Government Entity (CAGE) code'';
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c. Removing from paragraph (b) the word ``DLA Contractor'' and adding
``DLA Commercial'' in its place; and
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d. Revising paragraphs (c) through (e);
The revisions read as follows:
52.204-18 Commercial and Government Entity Code Maintenance.
* * * * *
Commercial and Government Entity Code Maintenance (Jul 2016)
* * * * *
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United
States or its outlying areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE) Branch to identify a
commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic
Treaty Organization (NATO) or by the NATO Support and Procurement
Agency (NSPA) to entities located outside the United States and its
outlying areas that the DLA Commercial and Government Entity (CAGE)
Branch records and maintains in the CAGE master file. This type of
code is known as a NATO CAGE (NCAGE) code.
* * * * *
(c) Contractors located in the United States or its outlying
areas that are not registered in SAM shall submit written change
requests to the DLA Commercial and Government Entity (CAGE) Branch.
Requests for changes shall be provided at https://cage.dla.mil.
Change requests to the CAGE master file are accepted from the entity
identified by the code.
(d) Contractors located outside the United States and its
outlying areas that are not registered in SAM shall contact the
appropriate National Codification Bureau (points of contact
available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.
(e) Additional guidance for maintaining CAGE codes is available
at https://cage.dla.mil.
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7. Amend section 52.204-20 by--
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a. Revising the date of the provision; and
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b. In paragraph (a), revising the definition ``Commercial and
Government Entity (CAGE) code''.
The revisions read as follows:
52.204-20 Predecessor of Offeror.
* * * * *
Predecessor of Offeror (Jul 2016)
* * * * *
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United
States or its outlying areas by the Defense Logistics Agency (DLA)
Commercial and Government Entity (CAGE) Branch to identify a
commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic
Treaty Organization (NATO) or by the NATO Support and Procurement
Agency (NSPA) to entities located outside the United States and its
outlying areas that the DLA Commercial and Government Entity (CAGE)
Branch records and maintains in the CAGE master file. This type of
code is known as a NATO CAGE (NCAGE) code.
* * * * *
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8. Amend section 52.212-3 by revising the date of the provision, and
removing from the introductory text ``Web site accessed through http://www.acquisition.gov'' and adding ``Web site located at https://
www.sam.gov/portal'' in its place.
The revision reads as follows:
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
[[Page 45868]]
Offeror Representations and Certifications--Commercial Items (Jul 2016)
* * * * *
[FR Doc. 2016-16249 Filed 7-13-16; 8:45 am]
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