[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67736-67763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23198]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 9, 12, 19, 52, and 53
[FAC 2005-91; FAR Case 2015-022; Item V; Docket No. 2015-0022, Sequence
No. 1]
RIN 9000-AN00
Federal Acquisition Regulation; Unique Identification of Entities
Receiving Federal Awards
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to redesignate the terminology for
unique identification of entities receiving Federal awards. The change
to the FAR removes the proprietary standard or number.
DATES: Effective: October 31, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite FAC 2005-91, FAR Case
2015-022.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 80 FR 72035 on November 18, 2015, to redesignate the
terminology for unique identification of entities receiving Federal
awards. The change to the FAR eliminates references to the proprietary
Data Universal Numbering System (DUNS[supreg]) number, and provides
appropriate references to the Web site where information on the unique
entity identifier used for Federal contractors will be located. This
final rule also establishes definitions of ``unique entity
identifier'', and ``electronic funds transfer (EFT) indicator''. Ten
respondents submitted comments on the proposed rule.
II. Discussion and Analysis
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the comments in the
development of the final rule. All ten respondents agreed with the
rule. No changes were made to the rule as a result of those comments. A
discussion of the comments is provided as follows:
A. Analysis of Public Comments
1. Alternatives to and Considerations for the Evaluation of a
Nonproprietary Entity Identifier
Comment: Six respondents provided an alternative to the current
entity identifier (e.g., Legal Entity Identifier (LEI), Contractor and
Government Entity (CAGE) code) and four respondents provided additional
considerations for the evaluation of alternatives for the entity
identifier.
Response: The scope of this rule is limited to removing the
proprietary standard or number. The Office of Management and Budget
(OMB) and the Department of Treasury, in collaboration with the General
Services Administration and the Award Committee for E-Government, are
establishing a process for considering alternatives to existing entity
identifiers, including soliciting information about viable options from
and reaching out about nonproprietary alternatives to all sectors,
including private companies, nonprofits, and Federal Government
[[Page 67737]]
providers. The analysis of the alternatives for the entity identifier
and the analysis of considerations for the evaluation of alternatives
for the entity identifier are beyond the scope of the case. However,
the FAR Council will share these recommendations with the agencies
conducting the analysis and implementing the changes.
2. Challenges to Statements Made in the Proposed Rule Federal Register
Preamble
Comment: One respondent believed that the statement that the
``current requirement limits competition by using a proprietary number
and organization to meet the identification need as well as the need
for other business information associated with that number''
incorrectly suggests that the business information is only accessible
through usage of the DUNS number. This respondent also challenged the
assertion that the Government is not currently in a position to move
away from use of the DUNS number in the short term. This respondent
recommended that Government agencies consider expanding their
acquisitions of business information services through competitive
procurements.
Response: There is nothing in the FAR linking business information
services to the use of the DUNS number. Agencies are free to procure
business information services as deemed appropriate. Regarding the
short term ability of the Government to move away from the use of the
DUNS number, the Government is in the process of determining
requirements. The unique entity identifier provides multiple pieces of
business information and serves multiple functions. Analysis will be
conducted to ensure the replacement satisfies the full range of
information needed. The Government is establishing a process for
considering alternatives to existing entity identifiers, including
soliciting information about viable options from and reaching out about
nonproprietary alternatives to all sectors, including private
companies, nonprofits, and Federal government providers. The analysis
of alternatives is anticipated to be completed in fiscal year 2017. The
scope of this rule is limited to removing the proprietary standard or
number hence removing the impediment in anticipation of the change. The
Government is interested in reducing cost and that is the reason we are
pursuing this case. Recommendations regarding business information
services are beyond the scope of the case.
B. Other Changes
Conforming changes were made to the following forms: Standard Forms
294, 330, and 1447, and Optional Form 307. These form changes will be
made to be ``Previous Edition Usable'' in order to avoid Government
agencies and Federal contractors having to make unnecessary system
changes to accommodate nonsubstantive changes to forms.
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 (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
DoD, GSA, and NASA have prepared a Final Regulatory Flexibility
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is summarized as follows:
The rule removes a proprietary standard or number for the unique
identification of entities receiving Federal awards. The current
requirement limits competition by using a proprietary number and
organization to meet the identification needs.
Unique identification of such entities is critical to ensure
Federal dollars are awarded to responsible parties, awardees are
paid in a timely manner, and awards are appropriately recorded and
reported. This is currently accomplished in the FAR by using the
proprietary Data Universal Numbering System (DUNS[supreg]) number
from Dun and Bradstreet. This rule eliminates references to the
proprietary standard or number, and provides appropriate references
to the Web site where information on the unique entity identifier
used for Federal contractors will be designated. Although the
Government does not intend to move away from use of the DUNS number
in the short term, elimination of regulatory references to a
proprietary entity identifier will provide opportunities for future
competition that can reduce costs to taxpayers.
No public comments were submitted in response to the initial
regulatory flexibility analysis.
The final rule is internal to the Government and does not
directly impose any requirements on the vendor community. However,
the rule may affect certain entities if those entities have arranged
certain of their business systems to utilize, accept, or otherwise
recognize the existing unique identifier (DUNS number) and should
that unique identifier be changed at some point to another
identifier. As of June 2015, there were 380,092 unique and active
DUNS numbers designated in the System for Award Management and
attributed to Government contracting.
There is no change to recordkeeping as a result of this rule.
There are no known significant alternative approaches to the
rule that would meet the requirements.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy
of the FRFA to the Chief Counsel for Advocacy of the Small Business
Administration.
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 Subjects in 48 CFR Parts 2, 4, 9, 12, 19, 52, and 53
Government procurement.
Dated: September 19, 2016.
William F. 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 2, 4, 9, 12, 19,
52, and 53 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 4, 9, 12, 19, 52, and 53
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
0
2. Amend section 2.101, in paragraph (b)(2) by--
0
a. Removing the definitions ``Data Universal Numbering System (DUNS)
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
b. Adding, in alphabetical order, the definition ``Electronic Funds
Transfer (EFT) indicator'';
0
c. Revising paragraph (1) of the definition ``Registered in the System
for Award Management (SAM) database''; and
0
d. Adding, in alphabetical order, the definition, ``Unique entity
identifier''.
The revisions and additions read as follows:
[[Page 67738]]
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier. The suffix is assigned at the
discretion of the commercial, nonprofit, or Government entity to
establish additional System for Award Management records for
identifying alternative EFT accounts (see subpart 32.11) for the same
entity.
* * * * *
Registered in the System for Award Management (SAM) database * * *
(1) The Contractor has entered all mandatory information, including
the unique entity identifier and the Electronic Funds Transfer
indicator (if applicable), the Commercial and Government Entity (CAGE)
code, as well as data required by the Federal Funding Accountability
and Transparency Act of 2006 (see subpart 4.14), into the SAM database;
* * * * *
Unique entity identifier means a number or other identifier used to
identify a specific commercial, nonprofit, or Government entity. See
www.sam.gov for the designated entity for establishing unique entity
identifiers.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
0
3. Amend section 4.601 by removing the definition ``Generic DUNS
number'' and adding, in alphabetical order, the definition ``Generic
entity identifier'' to read as follows:
4.601 Definitions.
* * * * *
Generic entity identifier means a number or other identifier
assigned to a category of vendors and not specific to any individual or
entity.
* * * * *
0
4. Amend section 4.605 by revising paragraph (b), the heading of
paragraph (c), and paragraphs (c)(1) and (2) introductory text; and
removing from paragraph (c)(2)(i)(C) ``DUNS number'' and adding
``unique entity identifier'' in its place.
The revisions read as follows:
4.605 Procedures.
* * * * *
(b) Unique entity identifier. The contracting officer shall
identify and report a unique entity identifier for the successful
offeror on a contract action. The unique entity identifier shall
correspond to the successful offeror's name and address as stated in
the offer and resultant contract, and as registered in the System for
Award Management database in accordance with the provision at 52.204-7,
System for Award Management. The contracting officer shall ask the
offeror to provide its unique entity identifier by using either the
provision at 52.204-6, Unique Entity Identifier, the provision at
52.204-7, System for Award Management, or the provision at 52.212-1,
Instructions to Offerors--Commercial Items. (For a discussion of the
Commercial and Government Entity (CAGE) Code, which is a different
identifier, see subpart 4.18.)
(c) Generic entity identifier. (1) The use of a generic entity
identifier should be limited, and only used in the situations described
in paragraph (c)(2) of this section. Use of a generic entity identifier
does not supersede the requirements of provisions 52.204-6, Unique
Entity Identifier or 52.204-7, System for Award Management (if present
in the solicitation) for the contractor to have a unique entity
identifier assigned.
(2) Authorized generic entity identifiers, maintained by the
Integrated Award Environment (IAE) program office (http://www.gsa.gov/portal/content/105036), may be used to report contracts in lieu of the
contractor's actual unique entity identifier only for--
* * * * *
0
5. Amend section 4.607 by--
0
a. Removing from paragraph (b) ``Data Universal Numbering System
Number'' and adding ``Unique Entity Identifier'' in its place; and
0
b. Revising paragraph (c) to read as follows.
4.607 Solicitation provisions and contract clause.
* * * * *
(c) Insert the clause at 52.204-12, Unique Entity Identifier
Maintenance, in solicitations and resulting contracts that contain the
provision at 52.204-6, Unique Entity Identifier.
0
6. Amend section 4.1103 by--
0
a. Removing from paragraph (a)(1) ``must register;'' and adding ``shall
register;'' in its place;
0
b. Removing from the introductory text of paragraph (a)(2) ``DUNS
number or, if applicable, the DUNS+4 number,'' and adding ``unique
entity identifier'' in its place;
0
c. Adding to the end of paragraph (a)(2)(i) ``or''; and
0
d. Revising paragraphs (a)(3) and (d) to read as follows:
4.1103 Procedures.
(a) * * *
(3) Need not verify 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)).
* * * * *
(d) The contracting officer shall, on contractual documents
transmitted to the payment office, provide the unique entity identifier
and, if applicable, the Electronic Funds Transfer indicator, in
accordance with agency procedures.
4.1402 [Amended]
0
7. Amend section 4.1402 by removing from paragraph (b), last sentence,
``DUNS number'' and adding ``entity identifier'' in its place.
4.1705 [Amended]
0
8. Amend section 4.1705 by removing from paragraphs (a) and (b) ``DUNS
number'' and adding ``entity identifier'' in their places.
0
9. Amend section 4.1800 by revising paragraph (b) to read as follows.
4.1800 Scope of subpart.
* * * * *
(b) For information on the unique entity identifier, which is a
different identifier, see 4.605 and the provisions at 52.204-6, Unique
Entity Identifier, and 52.204-7, System for Award Management.
0
10. Amend section 4.1802 by revising paragraph (a)(1) and removing from
paragraph (b) ``DUNS Number'' and adding ``unique entity identifier''
in its place.
The revision reads as follows:
4.1802 Policy.
(a) * * * (1) Offerors shall provide the contracting officer the
CAGE code assigned to that offeror's location prior to the award of a
contract action above the micro-purchase threshold, when there is a
requirement to be registered in the System for Award Management (SAM)
or a requirement to have a unique entity identifier in the
solicitation.
* * * * *
4.1804 [Amended]
0
11. Amend section 4.1804 by removing from paragraph (a)(1) ``Data
Universal Numbering System Number'' and adding ``Unique Entity
Identifier'' in its place.
[[Page 67739]]
PART 9--CONTRACTOR QUALIFICATIONS
9.404 [Amended]
0
12. Amend section 9.404 by revising paragraph (b)(6) to read as
follows:
9.404 System for Award Management Exclusions.
* * * * *
(b) * * *
(6) Unique Entity Identifier;
* * * * *
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.301 [Amended]
0
13. Amend section 12.301 by removing from paragraphs (d)(1) and (2)
``DUNS Number'' and adding ``unique entity identifier'' in their
places.
PART 19--SMALL BUSINESS PROGRAMS
19.704 [Amended]
0
14. Amend section 19.704 by removing from paragraphs (a)(10)(v) and
(vi) ``DUNS number'' and adding ``unique entity identifier'' in their
places.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
15. Revise section 52.204-6 to read as follows.
52.204-6 Unique Entity Identifier.
As prescribed in 4.607(b), insert the following provision:
Unique Entity Identifier (Oct 2016)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier. The suffix is assigned at
the discretion of the commercial, nonprofit, or Government entity to
establish additional System for Award Management records for
identifying alternative EFT accounts (see subpart 32.11) for the
same entity.
Unique entity identifier means a number or other identifier used
to identify a specific commercial, nonprofit, or Government entity.
See www.sam.gov for the designated entity for establishing unique
entity identifiers.
(b) The Offeror shall enter, in the block with its name and
address on the cover page of its offer, the annotation ``Unique
Entity Identifier'' followed by the unique entity identifier that
identifies the Offeror's name and address exactly as stated in the
offer. The Offeror also shall enter its EFT indicator, if
applicable.
(c) If the Offeror does not have a unique entity identifier, it
should contact the entity designated at www.sam.gov for
establishment of the unique entity identifier directly to obtain
one. The Offeror should be prepared to provide the following
information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your
entity is commonly recognized.
(3) Company physical street address, city, state and Zip Code.
(4) Company mailing address, city, state and Zip Code (if
separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting
relationship within your entity).
(End of provision)
0
16. Amend section 52.204-7 by--
0
a. Revising the provision heading and the date of the provision;
0
b. Amending paragraph (a) by--
0
1. Removing the definitions ``Data Universal Numbering System (DUNS)
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
2. Adding, in alphabetical order, the definition ``Electronic Funds
Transfer (EFT) indicator'';
0
3. Revising paragraph (1) of the definition ``Registered in the System
for Award Management (SAM) database''; and
0
4. Adding, in alphabetical order, the definition ``Unique entity
identifier'';
0
c. Removing from paragraph (b)(1) ``the offeror'' and adding ``the
Offeror'' in its place; and
0
d. Revising paragraphs (b)(2) and (c).
The revisions and additions read as follows:
52.204-7 System for Award Management.
* * * * *
System for Award Management
(a) Definitions. As used in this provision--
* * * * *
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier. The suffix is assigned at
the discretion of the commercial, nonprofit, or Government entity to
establish additional System for Award Management records for
identifying alternative EFT accounts (see subpart 32.11) for the
same entity.
Registered in the System for Award Management (SAM) database
means that--
(1) The Offeror has entered all mandatory information, including
the unique entity identifier and the EFT indicator, if applicable,
the Commercial and Government Entity (CAGE) code, as well as data
required by the Federal Funding Accountability and Transparency Act
of 2006 (see subpart 4.14) into the SAM database;
* * * * *
Unique entity identifier means a number or other identifier used
to identify a specific commercial, nonprofit, or Government entity.
See www.sam.gov for the designated entity for establishing unique
entity identifiers.
(b) * * *
(2) The Offeror shall enter, in the block with its name and
address on the cover page of its offer, the annotation ``Unique
Entity Identifier'' followed by the unique entity identifier that
identifies the Offeror's name and address exactly as stated in the
offer. The Offeror also shall enter its EFT indicator, if
applicable. The unique entity identifier will be used by the
Contracting Officer to verify that the Offeror is registered in the
SAM database.
(c) If the Offeror does not have a unique entity identifier, it
should contact the entity designated at www.sam.gov for
establishment of the unique entity identifier directly to obtain
one. The Offeror should be prepared to provide the following
information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your
entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if
separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting
relationship within your entity).
* * * * *
0
17. Amend section 52.204-10 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (d)(2)(i) ``identifier (DUNS Number)'' and
adding ``entity identifier'' in its place.
The revision reads as follows:
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards.
* * * * *
Reporting Executive Compensation and First-Tier Subcontract Awards (Oct
2016)
* * * * *
0
18. Revise section 52.204-12 to read as follows:
52.204-12 Unique Entity Identifier Maintenance.
As prescribed in 4.607(c), insert the following clause:
Unique Entity Identifier Maintenance (Oct 2016)
(a) Definition. Unique entity identifier, as used in this
clause, means a number or other identifier used to identify a
specific commercial, nonprofit, or Government entity. See
www.sam.gov for the designated entity for establishing unique entity
identifiers.
(b) The Contractor shall ensure that the unique entity
identifier is maintained with the entity designated at the System
for Award Management (SAM) for establishment of the unique entity
identifier throughout the life of the contract. The Contractor shall
[[Page 67740]]
communicate any change to the unique entity identifier to the
Contracting Officer within 30 days after the change, so an
appropriate modification can be issued to update the data on the
contract. A change in the unique entity identifier does not
necessarily require a novation be accomplished.
(End of clause)
0
19. Amend section 52.204-13 by--
0
a. Revising the date of the clause;
0
b. Amending paragraph (a) by--
0
1. Removing the definitions ``Data Universal Numbering System (DUNS)
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
2. Adding, in alphabetical order, the definition ``Electronic Funds
Transfer (EFT) indicator'';
0
3. Revising paragraph (1) of the definition ``Registered in the System
for Award Management (SAM) database''; and
0
4. Adding, in alphabetical order, the definition ``Unique entity
identifier''; and
0
c. Revising paragraph (c)(3);
The revisions and additions read as follows:
52.204-13 System for Award Management Maintenance.
* * * * *
System for Award Management Maintenance (Oct 2016)
(a) Definitions. * * *
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier. The suffix is assigned at
the discretion of the commercial, nonprofit, or Government entity to
establish additional System for Award Management (SAM) records for
identifying alternative EFT accounts (see subpart 32.11) for the
same entity.
Registered in the System for Award Management (SAM) database
means that--
(1) The Contractor has entered all mandatory information,
including the unique entity identifier and the EFT indicator (if
applicable), the Commercial and Government Entity (CAGE) code, as
well as data required by the Federal Funding Accountability and
Transparency Act of 2006 (see subpart 4.14), into the SAM database;
* * * * *
Unique entity identifier means a number or other identifier used
to identify a specific commercial, nonprofit, or Government entity.
See www.sam.gov for the designated entity for establishing unique
entity identifiers.
* * * * *
(c) * * *
(3) The Contractor shall ensure that the unique entity
identifier is maintained with the entity designated at www.sam.gov
for establishment of the unique entity identifier throughout the
life of the contract. The Contractor shall communicate any change to
the unique entity identifier to the Contracting Officer within 30
days after the change, so an appropriate modification can be issued
to update the data on the contract. A change in the unique entity
identifier does not necessarily require a novation be accomplished.
* * * * *
0
20. Amend section 52.204-14 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (f)(1)(i) ``DUNS number'' and adding
``unique entity identifier'' in its place.
The revision reads as follows:
52.204-14 Service Contract Reporting Requirements.
* * * * *
Service Contract Reporting Requirements (Oct 2016)
* * * * *
0
21. Amend section 52.204-15 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (f)(1)(i) ``DUNS number'' and adding
``unique entity identifier'' in its place.
The revision reads as follows:
52.204-15 Service Contract Reporting Requirements for Indefinite-
Delivery Contracts.
* * * * *
Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (Oct 2016)
* * * * *
0
22. Amend section 52.212-1 by revising the date of the provision and
paragraph (j) to read as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items (Oct 2016)
* * * * *
(j) Unique entity identifier. (Applies to all offers exceeding
$3,500, and offers of $3,500 or less if the solicitation requires
the Contractor to be registered in the System for Award Management
(SAM) database.) The Offeror shall enter, in the block with its name
and address on the cover page of its offer, the annotation ``Unique
Entity Identifier'' followed by the unique entity identifier that
identifies the Offeror's name and address. The Offeror also shall
enter its Electronic Funds Transfer (EFT) indicator, if applicable.
The EFT indicator is a four-character suffix to the unique entity
identifier. The suffix is assigned at the discretion of the Offeror
to establish additional SAM records for identifying alternative EFT
accounts (see subpart 32.11) for the same entity. If the Offeror
does not have a unique entity identifier, it should contact the
entity designated at www.sam.gov for unique entity identifier
establishment directly to obtain one. The Offeror should indicate
that it is an offeror for a Government contract when contacting the
entity designated at www.sam.gov for establishing the unique entity
identifier.
* * * * *
0
23. Amend section 52.212-3 by--
0
a. Revising the date of the provision; and
0
b. Removing from the introductory text of paragraph (p) ``DUNS Number''
and adding ``unique entity identifier'' in its place.
The revision reads as follows:
52.212--3 Offeror Representations and Certifications--Commercial
Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (Oct 2016)
* * * * *
0
24. Amend section 52.212-5 by revising the date of the clause and
paragraphs (b)(4), (b)(6), (b)(7), and (b)(17)(i) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Items (Oct 2016)
* * * * *
(b) * * *
__ (4) 52.204-10, Reporting Executive Compensation and First-
Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101
note).
* * * * *
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct
2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for
Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
* * * * *
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct
2016) (15 U.S.C. 637(d)(4)).
* * * * *
0
25. Amend section 52.213-4 by revising the date of the clause and
paragraph (b)(1)(i) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (Oct 2016)
* * * * *
(b) * * *
(1) * * *
(i) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31
[[Page 67741]]
U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).
* * * * *
0
26. Amend section 52.219-9 by--
0
a. Revising the section heading;
0
b. Revising the date of the clause;
0
c. Removing from paragraph (d)(10)(vi) ``DUNS number,'' and adding
``unique entity identifier,'' in its place.
The revisions read as follows:
52.219-9 Small Business Subcontracting Plan.
* * * * *
Small Business Subcontracting Plan (Oct 2016)
* * * * *
PART 53--FORMS
53.214 [Amended]
0
27. Amend section 53.214 by removing from paragraph (d) ``SF 1447 (Rev.
2/2012)'' and adding ``SF 1447 (Rev. 8/2016)'' in its place.
53.215-1 [Amended]
0
28. Amend section 53.215-1 by removing from paragraph (e) ``OF 307 (9/
97)'' and adding ``OF 307 (Rev. 8/2016)'' in its place.
53.219 [Amended]
0
29. Amend section 53.219 by removing from the paragraph ``(Rev. 10/
2015)'' and adding ``(Rev. 8/2016)'' in its place.
53.236-2 [Amended]
0
30. Amend section 53.236-2 by removing from paragraph (b) ``SF 330
(Rev. 3/2013)'' and adding ``SF 330 (Rev. 8/2016)'' in its place.
0
31. Revise section 53.301-294 to read as follows:
53.301-294 Subcontracting Report for Individual Contracts.
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32. Revise section 53.301-330 to read as follows:
53.301-330 Architect-Engineer Qualifications.
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33. Revise section 53.301-1447 to read as follows:
53.301-1447 Solicitation/Contract.
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34. Revise section 53.302-307 to read as follows:
53.302-307 Optional Form 307, Contract Award.
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[FR Doc. 2016-23198 Filed 9-29-16; 8:45 am]
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