[Federal Register: April 1, 2011 (Volume 76, Number 63)]
[Rules and Regulations]
[Page 18322-18324]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap11-25]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 53
[FAC 2005-51; FAR Case 2009-029; Item II; Docket 2010-0096, Sequence 1]
RIN 9000-AL72
Federal Acquisition Regulation; Clarification of Standard Form
26--Award/Contract
AGENCIES: 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 include clarifications to
Standard Form (SF) 26, Award/Contract. This revised form includes
changes above blocks 17 and 18 and in block 18 to clarify that block 18
should not be used when awarding a negotiated procurement and should
only be checked when awarding a sealed bid contract.
DATES: Effective Date: May 2, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement
Analyst, at (202) 208-4949 for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-51, FAR
Case 2009-029.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 75 FR 54560 on September 8, 2010, to clarify the use of
blocks 17 and 18 of the Standard Form (SF) 26, Award/Contract.
FAR 53.214(a) prescribes the SF 26 for use in contracting for
supplies and services by sealed bidding (except for construction and
architect-engineer services). The SF 26 is used to award sealed bid
contracts after obtaining bids using a SF 33, Solicitation, Offer, and
Award. FAR 14.408-1(d)(1) specifies that, if an offer made using a SF
33 leads to further changes, the resulting contract must be prepared as
a bilateral document using the SF 26. Agencies identified instances in
which contracting officers mistakenly checked block 18 when awarding
negotiated, not sealed bid contracts, which created the potential for
disputes between the agency and contractors. The clarifications
provided on the form for when to use blocks 17 and 18 should eliminate
this issue.
The changes will not prevent contracting officers from using block
17 of the SF 26 to award negotiated procurements; it will clarify to
contracting officers the proper use of block 17 and block 18 and
prohibit the use of block 18 of the SF 26 when awarding negotiated
procurements. This final rule clarifies the use of block 18 on the SF
26, Award/Contract, and references the new form at FAR 53.214(a) and
53.215-1(a).
No respondents submitted comments on the proposed rule.
II. Executive Order 12866 and 13563
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
In accordance with Executive Order 13563, Improving Regulation and
Regulatory Review, dated January 18, 2011, DoD, GSA, and NASA
determined that this rule is not excessively burdensome to the public,
and is consistent with FAR drafting conventions.
III. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because it is solely a
clarification for the benefit of Government contracting officers and
does not make any substantive changes to current policy.
IV. Paperwork Reduction Act
The final 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 Part 53
Government procurement.
Dated: March 24, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR part 53 as set forth
below:
PART 53--FORMS
0
1. The authority citation for 48 CFR part 53 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
53.214 [Amended]
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2. Amend section 53.214 by removing from paragraph (a) ``SF 26 (APR
2008)'' and adding ``SF 26 (Rev. 5/2011)'' in its place.
53.215-1 [Amended]
0
3. Amend section 53.215-1 by removing from paragraph (a) ``SF 26 (APR
2008)'' and adding ``SF 26 (Rev. 5/2011)'' in its place.
0
4. Revise section 53.301-26 to read as follows:
53.301-26 Award/Contract.
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