[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48691-48700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20706]
[[Page 48691]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 4, 7, 8, 9, 12, 13, 16, 17, 18, 19, 22, 23, 25,
26, 28, 32, 44, and 52
[FAC 2005-101; FAR Case 2015-005; Item I; 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: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to update the instructions for
registration in the System for Award Management and clarify the timing
of registration in the System for Award Management.
DATES: Effective October 26, 2018.
FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement
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 FAC 2005-101, FAR
Case 2015-005.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 81 FR 31895 on May 20, 2016, to update the instructions for
registration in the System for Award Management (SAM) and correct an
inconsistency involving the timing of registration. In order to correct
this inconsistency, the rule proposed changes to FAR 4.1102, 4.1103,
52.204-7, and 52.212-1(k) to require offeror registration in SAM prior
to submission of an offer. In addition, the proposed rule also required
contracting officers to use the name and physical address from the
contractor's SAM registration for the provided Data Universal Numbering
System (DUNS) (now the unique entity identifier). The proposed rule
also removed the term ``division name'' from the FAR text at FAR
4.1102, clause 52.204-13, and provision 52.212-4. These proposed
changes have been implemented in the final rule. 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 public comments in the
development of the final rule. A discussion of the comments and changes
to the rule is provided as follows:
A. Summary of Significant Changes in Response to Public Comments
There are no changes from the proposed rule as a result of the
public comments received.
B. Analysis of Public Comments
The concerns of many respondents were based on the perception that
this rule creates a new requirement for offerors. The Councils
emphasize that this rulemaking effort does not create a new requirement
for offerors, large or small. The purpose of this rule is to clarify
for offerors the required timing of SAM registration, i.e., when should
offerors register in SAM. This clarification is necessary because of
the following inconsistencies in current FAR language:
FAR 4.1102 states that prospective contractors shall be
registered in SAM (which includes online representations and
certifications) prior to contract award (with some exceptions) and FAR
clause 52.204-7(b)(1) currently requires the offeror to acknowledge the
requirements that a prospective awardee shall be registered in SAM
prior to award.
However, paragraphs (b) and (d) of FAR clause 52.204-8,
require that if the provision 52.204-7, System for Award Management, is
included in the solicitation, then the offeror shall have completed the
annual representations and certifications electronically via the SAM
website (which would require registration in SAM). The offeror then
verifies, by submission of its offer, that the representations and
certifications in SAM are current, accurate, and complete, except for
changes identified by the offeror in its offer. This requirement has
been in the FAR since 2005, when registering in the legacy Central
Contractor Registration (CCR). Along with representations required by
FAR 52.212-3 for offers of commercial item acquisitions, these
provisions have generally made registration in SAM at the time of offer
the de facto requirement, despite the language in FAR 4.1102(a) and
52.204-7 speaking to registration in SAM prior to award.
This final rule corrects the inconsistency. The rule requires all
offerors (except as provided at FAR 4.1102) to be registered in SAM at
the time of submission of an offer or quotation, consistent with the
requirements of FAR clause 52.204-8. Offerors can complete their
representations and certifications as part of their SAM registration.
1. Effect on Offers and Competition
Comments: A number of comments were received regarding the effect
of this rule on submission of offers.
One respondent stated that the change could have a
potential impact on the prime contractor's ability to respond in a
timely manner to a Request for Technical Proposal (RFTP) on an
indefinite-delivery indefinite-quantity (IDIQ) contract where small
businesses are used as subcontractors.
One respondent was concerned that many offerors would not
want to register in SAM with submission of the offer, because they
would want to wait until they had the incentive of knowing that they
were going to receive the award.
Another respondent stated that the proposed change
requiring offerors to be registered in SAM prior to submitting an offer
would increase the possibility of the Government receiving only one bid
(the ``one bid'' issue) in response to a solicitation and would
especially impact simplified procurements. Still another respondent
stated that the rule will severely limit the number of potential
offerors.
Another respondent was concerned that the reduction of
competition would put the Government in a situation where SAM-
registered vendors could charge exorbitant prices.
One respondent commented that the rule would hamper
Government efforts to maintain an adequate list of SAM-registered
vendors to obtain offers, which could in turn hamper efforts to prevent
damage to the Government's real property loan security while seeking a
SAM-registered vendor to perform the work.
Another respondent stated that requiring SAM registration
prior to submitting an offer would potentially restrict a newly formed
company, a new division of an existing company, or an existing company
that is pursuing its first Government contract from responding to a
solicitation. According to the respondent, newly established entities
or business units would be disadvantaged, because the proposed rule
fails to address how they should respond to certain questions, thereby
disadvantaging otherwise qualified
[[Page 48692]]
entities from participating in competitions until they resolve how to
complete the complicated SAM registration. The respondent stated that
the proposed change would, in effect, limit competition to existing
SAM-registered companies, and eliminate new creative solutions.
One respondent stated that restricting business
opportunities to those companies that have completed SAM registration
prior to submitting an offer would undoubtedly work against the Better
Buying Power initiative (DoD's implementation of best practices to
strengthen the Defense Department's buying power, improve industry
productivity, and provide an affordable, value-added military
capability to the Warfighter, including promoting effective competition
and increasing small business participation).
Another respondent commented that the rule would severely
limit the contracting officer's ability to solicit offers from vendors
who may be willing to register in SAM, but do not know about Government
requirements until the Government contract office asks them for quotes
for the new work.
Finally, a respondent stated that mandating registration
in SAM prior to proposal submission, in comparison to current practice
of ensuring that parties are registered prior to receipt of contract
award, may significantly discourage non-traditional suppliers from
responding to broad agency announcements and other research and
development (R&D) type solicitation opportunities of interest.
Response: As stated at the beginning of section II.B. of this
preamble, the requirement for offerors to be registered in SAM at time
of submission of an offer is not new. All vendors (unless an exception
cited in FAR 4.1102 applies) are required to be registered in SAM in
order to complete the annual representations and certifications when
responding to a Government solicitation. Therefore, clarifying the
required timing of SAM registration will not restrict competition and
will not limit the number of offerors.
Although SAM can be used as a Government source list for
procurements (see FAR 13.103), the Government also uses other means of
identifying sources using market research (see FAR part 10).
As stated in FAR clause 52.204-7(e), offerors that are not
registered in SAM should consider applying for registration immediately
upon issuance of a solicitation. Offerors or potential contractors
needing assistance in responding to SAM registration questions should
contact the Federal Service Desk at https://www.fsd.gov/fsd-gov/home.do
if they need assistance.
2. The SAM Repository
Comment: One respondent stated that, while they fully supported the
improvements in the SAM registration system requirements, they strongly
recommended that agencies take time to address all of the
inconsistencies and ambiguities at once as a piecemeal approach
exacerbates the problems with SAM and creates substantial additional
work in terms of revising processes, reviewing answers for accuracy,
etc. Some of the concerns expressed by this respondent related to the
inter-relationship between the various elements of SAM (i.e., the
former CCR and the Online Representations and Certifications) the
difficulty of interpreting and understanding new fields in SAM; and
concern about several specific representations and certifications
required or proposed for inclusion in SAM.
Response: The concerns of the respondent are outside the scope of
this case. It is not relevant whether a question in SAM arose from the
CCR or another system in SAM, since SAM is now a unified repository.
This rule cannot provide an interpretation of, or justification for,
individual representations and certifications. These representations
and certifications were all developed and published in the Federal
Register for public comment through various individual FAR cases. This
rule corrects the known inconsistencies relating to the timing of
registration in SAM, not the content of SAM. As stated in section
II.B.1. of this preamble, offerors needing assistance in responding to
SAM registration questions should contact the Federal Service Desk at
https://www.fsd.gov/fsd-gov/home.do.
3. Exception for Joint Ventures
Comment: One respondent expressed support for the proposed rule;
however, the respondent suggested an exception for newly formed joint
ventures as a direct result of a procurement opportunity. The
respondent suggested that the Government could either require proof of
submission for SAM registration as of the date of offer, or could
require proof/verification that each joint venture entity has an active
SAM registration at the time of proposal submission.
Response: An exception to SAM registration requirements to provide
for registration of joint ventures after submission of offers but prior
to award is not practicable, because the contracting officer needs to
review the annual representations and certifications to evaluate the
offers. Joint venture agreements should be in place more than 48-72
hours in advance of proposal submission, which allows adequate time for
completion of registration in SAM. It is also not feasible to rely on
the SAM registration of separate members of the joint venture, because
the Government collects specific part 19-related joint venture
information in the representations and certifications (52.219-1) part
of SAM, and the contracting activity works with Small Business
Administration to validate that joint ventures meet the requirements of
the small business category which they have provided in SAM. Offerors
that are not registered in SAM should apply for registration
immediately upon issuance of the solicitation so that there should be
time for a joint venture or any other type of business to be registered
in SAM at the time of the submission of an offer.
4. Public Burden
Comment: Several respondents commented on the public burden that
the proposed rule would impose. One respondent stated that for larger
companies, the effort to complete a SAM registration can take many
weeks. This respondent also stated that it had commented on a proposed
FAR rule covering debarment and suspension, and had shared in that
comment that the Federal Government had vastly underestimated the
burden associated with compiling and reporting requisite information to
complete registration in SAM.
Another respondent stated that this added requirement may serve to
impose a potential cost on those that otherwise may have been willing
to submit a R&D idea for funding consideration via long standing
streamlined R&D solicitation procedures.
Response: As previously stated, this rule does not impose a new
requirement and is therefore not an impediment for businesses, because
registration in SAM at time of offer submission is already required by
FAR provision 52.204-8(b) and (d), if the provision FAR 52.204-7 is in
the solicitation.
SAM is the single entry point for the representations and
certifications used in Federal contracting. This one-time investment of
time of completing the annual representations and certifications at
time of registration is less than the time that would be needed to
prepare and submit representations and certifications manually on paper
and in response to each Government solicitation. Once a business is
registered in SAM there is an annual
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renewal requirement to update the annual representations and
certifications, and a requirement for entities to update throughout the
year only if an entity's information has changed. This eliminates the
need for potential offerors to complete full representations and
certifications on paper multiple times a year when responding to
solicitations.
5. Applicability to Subcontractors
Comment: One respondent recommended that the rule clarify that the
prime and any key subcontractors are required to be registered upon
proposal submission, but that lesser subcontractors or consultants are
only required to be registered prior to receipt of a subaward.
Response: Subcontractors or consultants to prime contractors are
not required to be registered in SAM.
6. Impact on Small Businesses
See the analysis of public comments on the initial regulatory
flexibility analysis in section VI. of this preamble.
C. Other Changes From the Proposed Rule
1. Baseline
There have been many FAR baseline changes since publication of the
proposed rule in May 2016, due to publication of Federal Acquisition
Circulars 2005-89 through the present one. In particular, the issuance
of the final rule under FAR Case 2015-022, Unique Identification of
Entities Receiving Federal Awards, published in FAC 2005-91 on
September 30, 2016 (81 FR 67736), changed the term ``DUNS number'' to
``unique entity identifier''.
2. Exemptions at FAR 4.1102 and 18.102
The exemption at FAR 4.1102(a)(5) is an inaccurate rewording of the
exemption at FAR 6.302-2, which addresses needs of unusual and
compelling urgency. FAR 4.1102(a)(5) and 18.102(a)(1) have been
reworded to accurately reflect this exception to include ``urgency''.
In addition FAR 18.102(a) has been corrected to indicate that 4.1102
exempts contractors from the requirements to be registered at time of
submission of offers or quotations. However, 4.1103(b) requires
subsequent registration for those offers exempted on the basis of
6.302-2. FAR 18.102 has also been amplified to include the exemptions
for contracts awarded by contracting officers deployed in certain
difficult situations.
3. Use and Content of 52.204-7 and 52.204-13
The final rule changes the structure and presentation of the
requirements of FAR provisions 52.204-7, System for Award Management,
and FAR clause 52.204-13, System for Award Management Maintenance, as
well as the means of inclusion of those requirements in solicitations
and contracts for the acquisition of commercial items. There were
several structural and technical issues that required resolution,
without any change in the stated policies of the proposed rule.
a. Prescription for use of 52.204-7 and 52.204-13 and the
associated requirements for acquisitions of commercial items. FAR
4.1105(a) requires use of the provision at FAR 52.204-7 in all
solicitations unless an exception at FAR 4.1102(a) applies. The
provision is used with its Alternate I if the solicitation is for a
contract to support needs of unusual and compelling urgency in
accordance with FAR 4.1102(a)(5), the exception for contracts to
support needs of unusual and compelling urgency in accordance with
6.302-2 (see section II.C.2. of this preamble). Likewise, FAR 4.1105(b)
requires use of the clause at FAR 52.204-13 in solicitations that
contain the provision at 52.204-7, and resulting contracts (i.e., it
will not be used if an exception at FAR 4.1102 applies).
However, when this provision and clause are incorporated in
paragraph (k) of FAR provision 52.212-1, Instruction to Offerors--
Commercial Items; and paragraph (t) of FAR clause 52.212-4, Contract
terms and Conditions--Commercial Items, the exceptions must be applied
by an addendum to the solicitation and resultant contract, inserted by
the contracting officer to exclude applicability of paragraphs (k) and
(t), respectively. There are no other paragraphs in 52.212-1 and
52.212-4 that rely on an addendum by the contracting officer to
establish inapplicability of the entire paragraph. Nor is there an
instruction in the clause prescription alerting the contracting officer
to the requirement to include such an addendum. There is high risk that
the addendum will not be consistently inserted as required.
Furthermore, with regard to implementation of the equivalent of
Alternate I in solicitations for the acquisition of commercial items,
the current FAR does not specifically address how to implement
Alternate I, but apparently also relies on an addendum to the contract
to specify the conditions applicable if the contract is in support of
needs of unusual or compelling urgency. The proposed rule just inserted
the terms ``except in instances of urgency,'' apparently leaving it to
the contractor to determine, and not providing the process to be
applied if there are instances of urgency (which is not the same as the
terminology at 4.1102(a)(5)) or 6.302-2.
The final rule resolves these issues by removing paragraph (k) from
FAR 52.212-1 and paragraph (t) from FAR 52.212-4, and clearly
prescribes at 12.301(d) the use of the correct provision or clause at
12.301(d) by referencing the prescriptions at 4.1105(a) and (b) for
appropriate use of FAR 52.204-7 (including use with its Alternate I)
and FAR 52.204-13.
b. Text of 52.204-7, its Alternate I, and 52.204-13. The text of
52.204-7 included various acknowledgements, which became more awkward
when requiring the offeror to acknowledge that the offeror is
registered in SAM at time of submission of the offer. These
acknowledgements were inconsistent with the location of the provisions
in 52.212-1, which is supposed to be instructions to the offeror. The
acknowledgements have been replaced with instructions to the offeror,
relating to preaward requirements. The postaward requirements have been
moved to the FAR clause 52.204-13. There were some errors made in the
proposed changes to Alternate I, which is applicable in the
circumstances where registration in SAM may be delayed until after
award due to urgency. Therefore, if Alternate I is included by the
contracting officer in the solicitation, it is not required to be
registered in SAM at time of submission of the offer. The only
requirement prior to award is that the offeror complete the
registration as soon as possible. If registration has not yet occurred
at time of award, the offeror is directed to the postaward
requirements, which have been moved to the clause 52.204-13.
4. Active in SAM
The language at FAR 4.1103(a)(1) has been changed to specify that
offerors must have status designation of ``active'' in SAM at the time
of offer or quotation submission, to distinguish active from inactive
registrants in SAM. The ``active'' state is the normal state for the
contractor account. In this state, contractors can log in to SAM and
perform all necessary functions. Contractor accounts become inactive
either after an extensive period of user inactivity, or if the
contractor chooses to manually deactivate the account. To prevent the
account from becoming inactive, contractors should log in to
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SAM at least once every 13 months (395 days).
5. SAM Website and Terminology
The final rule changes the referenced website ``acquisition.gov''
to ``sam.gov'' to be consistent with the rest of the FAR. ``Database''
is also removed from ``SAM'' for consistency throughout.
6. ``Offeror'' vs. ``Prospective Contractor''
Previously, we noted that the prospective contractor had to
register in SAM prior to contract award; not all prospective
contractors are required to be registered. Only the offeror/quoter is
required to be registered in SAM at time of submission of the offer.
7. Exclusions
The final rule amends 9.405, 17.207, and 22.1025 to match the
terminology proposed at 9.404 with regard to exclusions in SAM.
8. Miscellaneous Edits
The final rule contains other miscellaneous edits relating to word
usage (e.g., ``must'' vs. ``shall'' and ``quote'' vs. ``quotation''),
punctuation, and capitalization.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the Shelf Items
This rule is not statutory and is not subject to 41 U.S.C. 1905
through 1907. This rule clarifies the timing of existing SAM
registration requirements. It does not impact the applicability at or
below the simplified acquisition threshold or applicability to
commercial items. The affected clauses are FAR 52.204-7, System for
Award Management; FAR 52.204-8, Annual Representations and
Certifications; FAR 52.204-13, System for Award Management Maintenance;
FAR 52.212-1, Instructions to Offerors--Commercial Items; FAR 52.212-4,
Contract Terms and Conditions--Commercial Items; and 52.212-5, Contract
Terms and Conditions Required to Implement Statutes or Executive
Orders--Commercial Items.
IV. 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.
V. Executive Order 13771
This rule is not subject to the requirements of E.O. 13771, because
this rule is not a significant regulatory action under E.O. 12866.
VI. 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:
This rule amends the FAR to update the instructions for System
for Award Management (SAM) registration and to clarify the required
timing of SAM registration. The objective of the rule is to clarify
that the offeror must be registered in SAM at the time of offer
submission in order to complete the required annual representations
and certifications.
Comments: Several respondents submitted public comments in
response to the initial regulatory flexibility analysis with regard
to the impact the rule would have on small businesses. A discussion
of the comments is provided as follows:
According to the respondents, the requirement to be registered
in SAM at time of offer submission would--
Further restrict competition among small businesses;
Discriminate against the small business owner;
Effectively shut out small businesses from submitting
offers as they generally are not registered in SAM;
Slow the procurement processes and not give fair
opportunity to all small businesses; and
Place an undue burden on small businesses, because the
window to participate in a solicitation is short, and for a small
business there are competing demands for developing an adequate
proposal and completing the SAM registration.
One respondent recommended that small businesses should be
allowed extra time to complete their SAM registration, which would
promote small business participation.
Response: The Government notes that most of these respondents
were not small entities. The requirement for offerors to be
registered in SAM at time of submission of an offer is not new. All
vendors (unless an exception cited in FAR 4.1102 applies) are
required to be registered in SAM in order to complete the annual
representations and certifications when responding to a Government
solicitation. Therefore, clarifying the required timing of SAM
registration will not restrict competition and will not limit the
number of offerors, whether the business is large or small. About 75
percent of the current registrants in SAM meet the small business
size code for their primary North American Industry Classification
System (NAICS) code, so there is no indication that required
registration in SAM creates an unreasonable impediment to small
businesses.
Once a business, including a small business, is registered in
SAM, there is an annual renewal requirement to update the annual
representations and certifications, and a requirement for entities
to update throughout the year only if an entity's information has
changed. This eliminates the need for potential offerors to complete
full representations and certifications on paper multiple times a
year when responding to multiple solicitations. There were no
changes from the proposed rule in response to these comments.
The final rule applies, with some exceptions, to small
businesses that submit offers to the Federal Government for
acquisitions that exceed the micro-purchase threshold. Currently, of
the 452,310 active registrants in SAM for ``all awards,'' 338,207
(75 percent) certified to meeting the size standard as small for
their primary NAICS code. We estimate that not more than half of
those small businesses will submit an offer in a given year.
The rule contains information collection requirements. OMB has
cleared this information collection requirement under OMB Control
Number 9000-0159, titled: System for Award Management Registration
(SAM).
No alternative approaches were identified that would meet the
objectives of the rule. This rule requires offerors to be registered
in SAM at the time of submission of an offer, which is necessary in
order to submit the required representations and certifications
electronically with submission of the offer. It is not anticipated
that the rule will have a significant economic impact on small
entities, because this is already required by FAR 52.204-8. This
approach is less burdensome than submitting annual representations
and certifications manually on paper in response to every
solicitation.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat Division. The Regulatory Secretariat Division
has submitted a copy of the FRFA to the Chief Counsel for Advocacy of
the Small Business Administration.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies. The
rule contains information collection requirements. OMB has cleared this
information collection requirement under OMB Control Number 9000-0159;
``System for Award Management Registration''.
[[Page 48695]]
List of Subjects in 48 CFR Parts 1, 2, 4, 7, 8, 9, 12, 13, 16, 17,
18, 19, 22, 23, 25, 26, 28, 32, 44, and 52
Government procurement.
Dated: September 17, 2018.
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 1, 2, 4, 7, 8, 9,
12, 13, 16, 17, 18, 19, 22, 23, 25, 26, 28, 32, 44, and 52 as set forth
below:
0
1. The authority citation for parts 1, 2, 4, 7, 8, 9, 12, 13, 16, 17,
18, 19, 22, 23, 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 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
0
2. Amend section 1.106 by removing from the table the entries for FAR
segments ``52.212-1(k)'' and ``52.212-4(t)''.
PART 2--DEFINITIONS OF WORDS AND TERMS
2.101 [Amended]
0
3. Amend section 2.101 in paragraph (b)(2) revising the defined term
``Registered in the System for Award Management (SAM) database'' to
read ``Registered in the System for Award Management (SAM)'' and by
removing from paragraphs (1) and (2), ``the SAM database;'' and adding
``SAM;'' in their places.
PART 4--ADMINISTRATIVE MATTERS
4.605 [Amended]
0
4. Amend section 4.605 by removing from paragraph (b), in the third
sentence, ``database''.
4.1100 [Amended]
0
5. Amend section 4.1100 by removing from the introductory text
``database''.
0
6. Amend section 4.1102 by--
0
a. Revising paragraph (a) introductory text;
0
b. Removing from paragraph (a)(2) ``the SAM database;'' and adding
``SAM;'' in its place;
0
c. Revising paragraphs (a)(5) and (6);
0
d. Redesignating paragraph (c) as paragraph (d);
0
e. Adding a new paragraph (c);
0
f. Revising newly redesignated paragraph (d)(1); and
0
g. Removing from newly redesignated paragraph (d)(3) ``the SAM
database'' and adding ``SAM'' in its place.
The revisions and addition reads as follows.
4.1102 Policy.
(a) Offerors and quoters are required to be registered in SAM at
the time an offer or quotation is submitted in order to comply with the
annual representations and certifications requirements except for--
* * * * *
(5) Contracts awarded without providing for full and open
competition due to unusual or compelling urgency (see 6.302-2);
(6) Contract actions at or below $30,000 awarded to foreign vendors
for work performed outside the United States, if it is impractical to
obtain SAM registration; and
* * * * *
(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 unique entity identifier to identify
the contractor in section A of the contract schedule, 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 retrieved 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 is required to provide
the responsible contracting officer a minimum of one business day's
written notification of its intention to change the name in SAM, comply
with the requirements of subpart 42.12, and agree in writing to the
timeline and procedures specified by the responsible contracting
officer. Along with the notification, the contractor is required to
provide the contracting officer sufficient documentation to support the
legally changed name.
(ii) If the contractor fails to comply with the requirements of
paragraph (d)(1)(i) of the clause at 52.204-13, System for Award
Management Maintenance, or fails to perform the agreement at 52.204-13,
paragraph (d)(1)(i)(C), and, in the absence of a properly executed
novation or change-of-name agreement, the SAM information that shows
the contractor to be other than the contractor indicated in the
contract will be considered to be incorrect information within the
meaning of the ``Suspension of Payment'' paragraph of the EFT clause of
the contract.
* * * * *
0
7. Revise section 4.1103 to read as follows:
4.1103 Procedures.
(a) Unless the acquisition is exempt under 4.1102(a), the
contracting officer--
(1) Shall verify that the offeror or quoter is registered in SAM
(see paragraph (b) of this section) at the time an offer or quotation
is submitted;
(2) Should use the unique entity identifier to verify SAM
registration--
(i) Via https://www.sam.gov; or
(ii) As otherwise provided by agency procedures; or
(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 in accordance with
4.1102(a)(5), the contractor is required to be registered in SAM 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
information contained in SAM.
(d) The contracting officer shall, on contractual documents
transmitted to the payment office, provide the unique entity
identifier, or, if applicable, the Electronic Funds Transfer indicator,
in accordance with agency procedures.
4.1104 [Amended]
0
8. Amend section 4.1104 by removing ``https://www.acquisition.gov'' and
adding ``https://www.sam.gov, Search Records, Advanced Search, Disaster
Response Registry Search'' in its place.
0
9. Revise section 4.1105 to read as follows:
4.1105 Solicitation provision and contract clauses.
(a)(1) Insert the provision at 52.204-7, System for Award
Management, in all solicitations except when the conditions in
4.1102(a) apply.
(2) Insert the provision at 52.204-7, System for Award Management,
with its Alternate I when the solicitation is anticipated to be awarded
in accordance with 4.1102(a)(5).
(b) Insert the clause at 52.204-13, System for Award Management
[[Page 48696]]
Maintenance, in solicitations that contain the provision at 52.204-7,
and resulting contracts.
0
10. Revise section 4.1201 to read as follows:
4.1201 Policy.
(a) Offerors and quoters are required to complete electronic annual
representations and certifications in SAM accessed via https://www.sam.gov as a part of required registration (see FAR 4.1102).
(b)(1) All registrants are required to review and update the
representations and certifications submitted to SAM as necessary, but
at least annually, to ensure they are kept current, accurate, and
complete. The representations and certifications are effective until
one year from date of submission or update to SAM.
(2) A contractor that represented itself as a small business prior
to award of a contract must update the representations and
certifications in SAM in accordance with 52.219-28. A contractor that
represented itself as other than small business before contract award
and qualifies as a small business may update its representations and
certifications in SAM in accordance with 52.219-28.
(c) Data in SAM is archived and is electronically retrievable.
Therefore, when a prospective contractor has completed representations
and certifications electronically in SAM, the contracting officer must
reference the date of SAM verification in the contract file to satisfy
contract file documentation requirements of 4.803(a)(11). However, if
an offeror identifies changes to SAM data pursuant to the FAR
provisions at 52.204-8(d) or 52.212-3(b), the contracting officer must
include a copy of the changes in the contract file.
(d) The contracting officer shall incorporate the representations
and certifications by reference in the contract (see 52.204-19, or for
acquisitions of commercial items see 52.212-4(v)).
0
11. Amend section 4.1202 by revising paragraph (a) introductory text to
read as follows:
4.1202 Solicitation provision and contract clause.
(a) Insert the provision at 52.204-8, Annual Representations and
Certifications, in solicitations, except for commercial item
solicitations issued under FAR part 12. The contracting officer shall
check the applicable provisions at 52.204-8(c)(2). When the provision
at 52.204-7, System for Award Management, is included in the
solicitation, do not separately include the following representations
and certifications:
* * * * *
PART 7--ACQUISITION PLANNING
7.103 [Amended]
0
12. Amend section 7.103 by removing from paragraph (y) ``https://www.acquisition.gov'' and adding ``https://www.sam.gov, Search Records,
Advanced Search, Disaster Response Registry Search'' in its place.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.402 [Amended]
0
13. Amend section 8.402 by removing from paragraph (g) ``database''.
PART 9--CONTRACTOR QUALIFICATIONS
9.109-2 [Amended]
0
14. Amend section 9.109-2 by removing ``database''.
9.109-4 [Amended]
0
15. Amended section 9.109-4 by removing from paragraph (b)
``database''.
0
16. Amend section 9.404 by--
0
a. Revising the section heading;
0
b. Revising paragraph (a)(1);
0
c. Removing from paragraph (b) introductory text ``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 entities 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 exclusion records; and
* * * * *
(c) Each agency shall--
(1) Identify the individual(s) responsible for entering and
updating exclusions data in SAM and assign the appropriate roles;
(2) Remove the exclusion roles in SAM when the individual leaves
the organization or changes functions;
(3) For each exclusion accomplished by the Agency--
(i) Enter the information required by paragraph (b) of this section
within 3 working days after the action becomes effective;
(ii) Determine whether it is legally permitted to enter the SSN,
EIN, or other TIN, under agency authority to suspend or debar; and
(iii) Update the exclusion record in SAM, generally within 5
working days after modifying or rescinding an action;
(4) In accordance with internal retention procedures, maintain
records relating to each debarment, suspension, or proposed debarment
taken by the agency;
(5) 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 SAM, except as
otherwise provided in this subpart;
(6) Direct inquiries concerning listed contractors and other
entities to the agency or other authority that took the action; and
(7) Contact GSA for technical assistance with SAM, via the support
email address or on the technical support phone line.
* * * * *
9.405 [Amended]
0
17. Amend section 9.405 by--
0
a. Removing from paragraph (b) ``Contractors included in the SAM
Exclusions as having'' and adding ``Contractors and other entities that
have an active exclusion record in SAM because they have'' in its
place;
0
b. Removing from paragraph (d)(1) ``proposals, the contracting officer
shall review the SAM Exclusions'' and adding ``proposals or quotes, the
contracting officer shall review the exclusion records in SAM'' in its
place; and
0
c. Removing from paragraph (d)(4) ``SAM Exclusions'' and adding ``the
exclusion records in SAM'' in its place.
9.405-2 [Amended]
0
18. Amend section 9.405-2 by--
0
a. Removing from paragraph (b) introductory text ``the parties' listing
in SAM Exclusions'' and adding ``the party's having an active exclusion
record in SAM'' in its place;
0
b. Removing from paragraph (b)(2) ``being listed in SAM Exclusions''
and adding ``having an active exclusion record in SAM'' in its place;
and
0
c. Removing from paragraph (b)(3) ``listing in SAM Exclusions'' and
adding ``having an active exclusion record in SAM'' in its place.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
0
19. Amend section 12.301 by--
[[Page 48697]]
0
a. Redesignating paragraphs (d)(1) through (9) as (d)(3) through (11),
respectively;
0
b. Adding new paragraphs (d)(1) and (2);
0
c. Revising newly redesignated paragraphs (d)(3) and (4); and
0
d. Removing from paragraph (e)(4) ``database''.
The additions and revisions read as follows:
12.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(d) * * *
(1) Insert the provision at 52.204-7, System for Award Management,
as prescribed in 4.1105(a).
(2) Insert the clause at 52.204-13, System for Award Management
Maintenance, as prescribed in 4.1105(b).
(3) Insert the provision at 52.204-16, Commercial and Government
Entity Code Reporting, as prescribed in 4.1804(a).
(4) Insert the clause at 52.204-18, Commercial and Government
Entity Code Maintenance, as prescribed in 4.1804(c).
* * * * *
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.102 [Amended]
0
20. Amend section 13.102 by removing from paragraph (a) ``database (see
subpart 4.11) via https://www.acquisition.gov'' and adding ``(see
subpart 4.11) via https://www.sam.gov'' in its place.
13.201 [Amended]
0
21. Amend section 13.201 by removing from paragraph (h) ``database''.
PART 16--TYPES OF CONTRACTS
16.505 [Amended]
0
22. Amend section 16.505 by removing from paragraph (a)(12)
``database''.
PART 17--SPECIAL CONTRACTING METHODS
0
23. 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 (see FAR 9.405-1);
* * * * *
PART 18--EMERGENCY ACQUISITIONS
0
24. Revise section 18.102 to read as follows:
18.102 System for Award Management.
(a) In accordance with 4.1102, contractors are not required to be
registered in the System for Award Management (SAM) at the time of
submission of offers or quotations for--
(1) Contracts awarded without providing for full and open
competition due to unusual and compelling urgency (see 6.302-2); or
(2) Contracts awarded by a contracting officer--
(i) Deployed in the course of military operations;
(ii) Located outside the United States and its outlying areas, for
work to be performed in support of diplomatic or developmental
operations, in an area that has been designated by the Department of
State as a danger pay post; or
(iii) In the conduct of emergency operations.
(b) However, contractors are required to be registered in SAM in
order to gain access to the Disaster Response Registry.
(c) Contracting officers shall consult the Disaster Response
Registry via https://www.sam.gov, Search Records, Advanced Search,
Disaster Response Registry Search 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
19.308 [Amended]
0
25. Amend section 19.308 by removing from paragraph (i)(3)(iii) ``the
System for Award Management (SAM)'' and adding ``SAM'' in its place.
19.703 [Amended]
0
26. Amend section 19.703 by removing from paragraph (d)(1) introductory
text ``database''.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
27. Amend section 22.1025 by revising the first sentence 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 (see 9.404). * * *
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
23.802 [Amended]
0
28. Amend section 23.802 by removing from paragraph (d) introductory
text ``database''.
PART 25--FOREIGN ACQUISITION
0
29. 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 has an active exclusion in the System for Award
Management at http://www.sam.gov (22 U.S.C. 8515).
* * * * *
PART 26--OTHER SOCIOECONOMIC PROGRAMS
26.205 [Amended]
0
30. Amended section 26.205 by removing from paragraph (a) ``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place;
and removing from paragraph (b) ``https://www.acquisition.gov'' and
``register with SAM'' and adding ``https://www.sam.gov, Search Records,
Advanced Search, Disaster Response Registry Search'' and ``in SAM'' in
their places, respectively.
PART 28--BONDS AND INSURANCE
0
31. Amend section 28.203-7 by revising paragraph (c) and removing from
paragraph (d) ``the System for Award Management Exclusions (see
9.404)'' and adding ``an active exclusion record in the System for
Award Management (see 9.404),'' 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 as an exclusion in the System for Award Management (see
9.404).
* * * * *
[[Page 48698]]
PART 32--CONTRACT FINANCING
32.1108 [Amended]
0
32. Amend section 32.1108 by removing from paragraph (b)(2)(i) ``(by
looking in the System for Award Management (SAM))'' and adding ``by
looking in the System for Award Management (SAM)'' in its place.
0
33. Amend section 32.1110 by revising paragraph (a)(1) introductory
text and removing from (a)(2)(i) ``the SAM database'' and adding
``SAM'' in its place.
The revision reads as follows:
32.1110 Solicitation provision and contract clauses.
(a) * * *
(1) 52.232-33, Payment by Electronic Funds Transfer--System for
Award 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 SAM and maintain
registration until final payment, unless--
* * * * *
PART 44--SUBCONTRACTING POLICIES AND PROCEDURES
0
34. 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 excluded in the System
for Award Management (see subpart 9.4)?
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
35. Amend section 52.204-7 by--
0
a. Revising the date of the provision;
0
b. In paragraph (a), revising the defined term ``Registered in the
System for Award Management (SAM) database'' to read ``Registered in
the System for Award Management (SAM)'';
0
c. Removing from paragraphs (a)(1) and (2) ``the SAM database;'' and
adding ``SAM;'' in their places;
0
d. Revising paragraph (b)(1);
0
e. Removing from paragraph (b)(2) ``the SAM database'' and adding
``SAM'' in its place;
0
f. Revising paragraph (d);
0
g. Removing paragraphs (e) and (f); and
0
h. Revising the date of Alternate I and paragraph (b)(1).
The revisions read as follows.
52.204-7 System for Award Management.
* * * * *
System for Award Management (Oct 2018)
* * * * *
(b)(1) An Offeror is required to be registered in SAM when
submitting an offer or quotation, and shall continue to be registered
until 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 should be taken into consideration when
registering. Offerors who are not registered in SAM should consider
applying for registration immediately upon receipt of this
solicitation. See https://www.sam.gov for information on registration.
(End of provision)
Alternate I (Oct 2018). * * *
(b)(1) An Offeror is required to be registered in SAM as soon as
possible. If registration is not possible when submitting an offer or
quotation, the awardee shall be registered in SAM in accordance with
the requirements of clause 52.204-13, System for Award Management
Maintenance.
0
36. Amend section 52.204-8 by revising the date of the provision and
paragraphs (b)(2) introductory text and (d) to read as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations and Certifications (Oct 2018)
* * * * *
(b) * * *
(2) If the provision at 52.204-7, System for Award Management, is
not included in this solicitation, and the Offeror has an active
registration in the System for Award Management (SAM), the Offeror may
choose to use paragraph (d) of this provision instead of completing the
corresponding individual representations and certifications in the
solicitation. The Offeror shall indicate which option applies by
checking one of the following boxes:
* * * * *
(d) The Offeror has completed the annual representations and
certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies
by submission of the offer that the representations and certifications
currently posted electronically that apply to this solicitation as
indicated in paragraph (c) of this provision have been entered or
updated within 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), as of
the date of this offer and are incorporated in this offer by reference
(see FAR 4.1201); except for the changes identified below [offeror to
insert changes, identifying change by clause number, title, date].
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.
* * * * *
0
37. Amend section 52.204-10 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (d)(1) introductory text ``database''; and
0
c. Revising paragraph (h).
The revisions read as follows:
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards.
* * * * *
Reporting Executive Compensation and First-Tier Subcontract Awards (Oct
2018)
* * * * *
(h) The FSRS database at http://www.fsrs.gov will be prepopulated
with some information from SAM and the FPDS database. If FPDS
information is incorrect, the contractor should notify the contracting
officer. If the SAM information is incorrect, the contractor is
responsible for correcting this information.
* * * * *
0
38. Amend section 52.204-13 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), revising the defined term ``Registered in the
System for Award Management (SAM) database'' to read ``Registered in
the System for Award Management (SAM)'';
0
c. Removing from paragraphs (a)(1) and (2) ``the SAM database'' and
adding ``SAM'' in their places;
0
d. Redesignating paragraphs (b) through (d) as paragraphs (c) through
(e);
0
e. Adding a new paragraph (b);
0
f. Revising newly redesignated paragraphs (c) and (d)(1)(i)
introductory text;
0
g. Removing from newly redesignated paragraph (d)(1)(i)(A) ``the SAM
database'' and adding ``SAM'' in its place;
0
h. Removing from newly redesignated paragraph (d)(1)(ii) ``(c)(1)(i)''
and ``(c)(1)(i)(C)'' and adding ``(d)(1)(i)'' and ``(d)(1)(i)(C)'' in
their places, respectively;
[[Page 48699]]
0
i. Removing from newly redesignated paragraph (d)(2) ``in the SAM'' and
adding ``in SAM'' in its place; and
0
j. Removing from newly redesignated paragraph (e) ``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place.
The addition and revisions read as follows:
52.204-13 System for Award Management Maintenance.
* * * * *
System for Award Management Maintenance (Oct 2018)
* * * * *
(b) If the solicitation for this contract contained the provision
52.204-7 with its Alternate I, and the Contractor was unable to
register prior to award, the Contractor shall be registered in SAM
within 30 days after award or before three days prior to submission of
the first invoice, whichever occurs first.
(c) The Contractor shall maintain registration in SAM during
contract performance and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement.
The Contractor is responsible for the currency, accuracy and
completeness of the data within SAM, and for any liability resulting
from the Government's reliance on inaccurate or incomplete data. To
remain registered in SAM 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 SAM to
ensure it is current, accurate and complete. Updating information in
SAM does not alter the terms and conditions of this contract and is not
a substitute for a properly executed contractual document.
(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--
* * * * *
0
39. Amend section 52.209-7 by revising the date of the provision and
removing from paragraph (d) ``Management database via https://www.acquisition.gov'' and adding ``Management, which can be accessed
via https://www.sam.gov'' in its place.
The revision reads as follows:
52.209-7 Information Regarding Responsibility Matters.
* * * * *
Information Regarding Responsibility Matters (Oct 2018)
* * * * *
0
40. Amend section 52.209-9 by revising the date of the clause and
removing from paragraph (a) ``Management database via https://www.acquisition.gov'' and adding ``Management via 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 (Oct 2018)
* * * * *
0
41. Amend section 52.212-1 by--
0
a. Revising the date of provision;
0
b. Removing from paragraph (j) ``(SAM) database'' and adding ``(SAM)''
in its place; and
0
c. Removing and reserving paragraph (k).
The revision reads as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items (Oct 2018)
* * * * *
0
42. Amend section 52.212-3 by--
0
a. Revising the date and the introductory text of the provision;
0
b. Revising paragraph (b);
0
c. Removing from paragraph (l) introductory text ``the SAM database''
and adding ``SAM'' in its place; and
0
d. Removing from paragraph (t) introductory text ``(52.212-1(k))'' and
adding ``(12.301(d)(1))'' in its place.
The revisions read as follows:
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (Oct 2018)
The Offeror shall complete only paragraph (b) of this provision if
the Offeror has completed the annual representations and certification
electronically in the System for Award Management (SAM) accessed
through https://www.sam.gov. If the Offeror has not completed the
annual representations and certifications electronically, the Offeror
shall complete only paragraphs (c) through (u)) of this provision.
* * * * *
(b)(1) Annual Representations and Certifications. Any changes
provided by the Offeror in paragraph (b)(2) of this provision do not
automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and
certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 this 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 (u)
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
43. Amend section 52.212-4 by revising the date of the clause and
removing and reserving paragraph (t).
The revision reads as follows:
52.212-4 Contract Terms and Conditions--Commercial Items.
* * * * *
Contract Terms and Conditions--Commercial Items (Oct 2018)
* * * * *
0
44. Amend section 52.212-5 by--
0
a. Revising the date of the clause and paragraphs (b)(4), (b)(9),
(b)(16), (b)(55), (e)(1)(iv), Alternate II heading and introductory
text, and paragraph (e)(1)(ii)(D) of Alternate II to read as follows:
[[Page 48700]]
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 2018)
* * * * *
(b) * * *
* * * * *
__(4) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
* * * * *
__(9) 52.209-9, Updates of Publicly Available Information Regarding
Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
* * * * *
__(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018)
(15 U.S.C. 637(d)(2) and (3)).
* * * * *
__(55) 52.232-33, Payment by Electronic Funds Transfer--System for
Award Management (Oct 2018) (31 U.S.C. 3332).
* * * * *
(e)(1) * * *
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018)
(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further
subcontracting opportunities. If the subcontract (except subcontracts
to small business concerns) exceeds $700,000 ($1.5 million for
construction of any public facility), the subcontractor must include
52.219-8 in lower tier subcontracts that offer subcontracting
opportunities.
* * * * *
Alternate II (Oct 2018). As prescribed in 12.301(b)(4)(ii),
substitute the following paragraphs (d)(1) and (e)(1) for paragraphs
(d)(1) and (e)(1) of the basic clause as follows:
* * * * *
(e)(1) * * *
(ii) * * *
(D) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further
subcontracting opportunities. If the subcontract (except subcontracts
to small business concerns) exceeds $700,000 ($1.5 million for
construction of any public facility), the subcontractor must include
52.219-8 in lower tier subcontracts that offer subcontracting
opportunities.
* * * * *
0
45. Amend section 52.213-4 by revising the date of the clause and
paragraphs (a)(2)(viii), (b)(1)(i), and (b)(1)(xix) 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 2018)
(a) * * *
(2) * * *
(viii) 52.244-6, Subcontracts for Commercial Items (Oct 2018).
* * * * *
(b) * * *
(1) * * *
(i) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note)
(Applies to contracts valued at $30,000 or more).
* * * * *
(xix) 52.232-33, Payment by Electronic Funds Transfer--System for
Award Management (Oct 2018) (Applies when the payment will be made by
electronic funds transfer (EFT) and the payment office uses the System
for Award Management (SAM) as its source of EFT information).
* * * * *
0
46. Amend section 52.219-8 by revising the date of the clause and
removing from paragraph (d)(5) introductory text ``database''.
The revision reads as follows:
52.219-8 Utilization of Small Business Concerns.
* * * * *
Utilization of Small Business Concerns (Oct 2018)
* * * * *
0
47. Amend section 52.232-33 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b) ``(SAM) database'' and ``the SAM
database'' and adding ``(SAM)'' and ``SAM'' in their places,
respectively;
0
c. Removing from paragraph (d) ``the SAM database'' and adding ``SAM''
in two places; and
0
d. Removing from paragraphs (g) and (i) ``the SAM database'' and adding
``SAM'' in their places, respectively.
The revision reads as follows:
52.232-33 Payment by Electronic Funds Transfer-System for Award
Management.
* * * * *
Payment by Electronic Funds Transfer-System for Award Management (Oct
2018)
* * * * *
0
48. Amend section 52.244-6 by revising the date of the clause and
paragraph (c)(1)(vi) to read as follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items (Oct 2018)
* * * * *
(c)(1) * * *
(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2018)
(15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further
subcontracting opportunities. If the subcontract (except subcontracts
to small business concerns) exceeds $700,000 ($1.5 million for
construction of any public facility), the subcontractor must include
52.219-8 in lower tier subcontracts that offer subcontracting
opportunities.
* * * * *
[FR Doc. 2018-20706 Filed 9-25-18; 8:45 am]
BILLING CODE 6820-EP-P