[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Rules and Regulations]
[Pages 37676-37684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14612]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 8, 9, 12, 13, 16, 17, 18, 19, 22, 25, 26, 28,
32, 44, and 52
[FAC 2005-67; FAR Case 2012-033; Item III; Docket 2012-0033, Sequence
1]
RIN 9000-AM51
Federal Acquisition Regulation; System for Award Management Name
Change, Phase 1 Implementation
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 reflect the joining of the
Central Contractor Registration (CCR), Online Representations and
Certification Application (ORCA), and Excluded Parties List System
(EPLS) databases into the System for Award Management (SAM) database.
DATES: Effective Date: July 22, 2013.
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 at 202-501-4755. Please cite FAC 2005-67, FAR Case 2012-
033.
SUPPLEMENTARY INFORMATION:
I. Background
The E-Government Act of 2002 (Pub. L. 107-347) was enacted in an
effort to improve the management and promotion of electronic Government
services and processes. The Act established a framework of measures
that require using Internet-based information technology to improve
citizen access to Government information and services. GSA has embraced
the intent of the Act by consolidating the Government-wide acquisition
and award support systems into SAM. SAM is an information system tool
that streamlines the Federal acquisition business processes by acting
as a single authoritative data source for vendor, contract award, and
reporting information, thereby eliminating the need to enter multiple
sites and perform duplicative data entry. SAM consolidates hosting to
improve the efficiency of doing business with the Government.
GSA began implementation of Phase 1 of SAM on July 29, 2012. Phase
1 combined the functional capabilities of the CCR, ORCA, and EPLS
applications into the SAM database. Upon implementation, the pre-
existing applications were retired, and all requirements for entity
registration, representations and certifications, and exclusions are
now accomplished via SAM. This final rule amends the FAR by updating
references and names to conform to the SAM designation. This final rule
also makes a number of minor additional conforming changes, such as
updates to definitions.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure, or form (including an
[[Page 37677]]
amendment or modification thereof) must be published for public comment
if it relates to the expenditure of appropriated funds, and has either
a significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because the rule itself does not change the databases and applications
referenced in the FAR, it only reflects changes that have occurred to
the systems that are utilized in the performance of those functions
relating to entity registration, representations and certifications,
and exclusions. Therefore, this rule does not create a significant cost
or administrative impact on contractors or offerors.
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
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of 41 U.S.C. 1707 and does not require publication for
public comment.
V. 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 Parts 2, 4, 8, 9, 12, 13, 16, 17, 18,
19, 22, 25, 26, 28, 32, 44, and 52
Government procurement.
Dated: June 13, 2013.
William Clark,
Acting Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 8, 9, 12,
13, 16, 17, 18, 19, 22, 25, 26, 28, 32, 44, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 4, 8, 12, 13, 16, 17, 19,
22, 25, 32, and 52 continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 2--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 2.101 in paragraph (b)(2) by--
0
a. Removing the definition ``Central Contractor Registration (CCR)
database'';
0
b. Removing from the definition, ``Data Universal Numbering System +4
(DUNS+4) number'' the word ``CCR'' and adding ``System for Award
Management'' in its place;
0
c. Removing the definitions ``Excluded Parties List System'' and
``Online Representations and Certifications Application (ORCA)'';
0
d. Removing the definition ``Registered in the CCR database'' and
adding, in alphabetical order, the definition ``Registered in the
System for Award Management (SAM) database'';
0
e. Removing from the definition, ``Small disadvantaged business
concern'' in paragraph (1)(iii), the word ``CCR''; and
0
f. Adding, in alphabetical order, the definition ``System for Award
Management (SAM)'' to read as follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Registered in the System for Award Management (SAM) database means
that--
(1) The Contractor has entered all mandatory information, including
the DUNS number or the DUNS+4 number, the Contractor 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;
(2) The Contractor has completed the Core, Assertions,
Representations and Certifications, and Points of Contact sections of
the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to
include validation of the Taxpayer Identification Number (TIN) with the
Internal Revenue Service (IRS). The contractor will be required to
provide consent for TIN validation to the Government as a part of the
SAM registration process; and
(4) The Government has marked the record ``Active''.
* * * * *
System for Award Management (SAM) means the primary Government
repository for prospective Federal awardee and Federal awardee
information and the centralized Government system for certain
contracting, grants, and other assistance-related processes. It
includes--
(1) Data collected from prospective Federal awardees required for
the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and
certifications in accordance with FAR subpart 4.12; and
(3) Identification of those parties excluded from receiving Federal
contracts, certain subcontracts, and certain types of Federal financial
and non-financial assistance and benefits.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
4.203 [Amended]
0
3. Amend section 4.203 by removing from the introductory text of
paragraph (e)(1) ``a central contractor registration database'' and
adding ``the System for Award Management'' in its place.
0
4. Amend section 4.605 by revising paragraph (b) to read as follows:
4.605 Procedures.
* * * * *
(b) Data Universal Numbering System. The contracting officer must
identify and report a Data Universal Numbering System (DUNS) number
(Contractor Identification Number) for the successful offeror on a
contract action. The DUNS number reported must identify 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 must ask the offeror to provide its
DUNS number by using either the provision at 52.204-6, Data Universal
Numbering System Number, the provision at 52.204-7, System for Award
Management, or the provision at 52.212-1, Instructions to Offerors--
Commercial Items.
* * * * *
4.607 [Amended]
0
5. Amend section 4.607 by removing from paragraph (b) ``Central
Contractor
[[Page 37678]]
Registration'' and adding ``System for Award Management'' in its place.
4.905 [Amended]
0
6. Amend section 4.905 by removing from paragraph (a) ``Central
Contractor Registration'' and adding ``System for Award Management'' in
its place.
0
7. Revising the subpart heading of Subpart 4.11 to read as follows:
Subpart 4.11--System for Award Management
4.1100 [Amended]
8. Amend section 4.1100 by removing from the introductory text
``Central Contractor Registration (CCR)'' and adding ``System for Award
Management (SAM)'' in its place.
4.1102 [Amended]
0
9. Amend section 4.1102 by--
0
a. Removing from paragraph (a), introductory text, and paragraph (a)(2)
``CCR'' and adding ``SAM'' in their places (three times);
0
b. Removing from paragraph (a)(6) ``CCR'' and adding ``System for Award
Management'' in its place;
0
c. Removing from paragraph (b) and paragraph (c)(1)(i) ``CCR'' and
adding ``SAM'' in their places;
0
d. Removing from paragraph (c)(1)(ii) ``Central Contractor
Registration'' and ``CCR'' and adding ``System for Award Management''
and ``SAM'' in their places, respectively; and
0
e. Removing from paragraph (c)(2) and paragraph (c)(3) ``CCR'' and
adding ``SAM'' in their places (three times).
4.1103 [Amended]
0
10. Amend section 4.1103 by--
0
a. Removing from paragraph (a)(1) ``CCR'' and adding ``SAM'' in its
place (twice);
0
b. Removing from paragraphs (b), introductory text, and (b)(1) ``CCR''
and adding ``SAM'' in their places; and
0
c. Removing from paragraph (b)(3) ``CCR'' and adding ``the System for
Award Management'' in its place.
0
d. Removing from paragraph (c) ``CCR'' and adding ``SAM'' in their
places.
4.1105 [Amended]
0
11. Amend section 4.1105 by removing from paragraphs (a)(1), (a)(2),
and (b) the words ``Central Contractor Registration'' and adding
``System for Award Management'' in its place.
4.1200 [Amended]
0
12. Amend section 4.1200 by removing from the introductory text
``Online Representations and Certifications Application (ORCA)'' and
adding ``System for Award Management (SAM)'' in its place.
0
13. Amend section 4.1201 by:
0
a. Revising paragraph (a); and
0
b. Removing from paragraphs (b)(1), (b)(2), and (c) ``ORCA'' and adding
``SAM'' in their places (eight times).
The revised text reads as follows:
4.1201 Policy.
(a) Prospective contractors shall complete electronic annual
representations and certifications at SAM accessed via https://www.acquisition.gov as a part of required registration (see FAR
4.1102).
* * * * *
4.1202 [Amended]
0
14. Amend section 4.1202 by removing from the introductory text
``Central Contract Registration'' and adding ``System for Award
Management'' in its place.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.402 [Amended]
0
15. Amend section 8.402 by removing from paragraph (g) ``Central
Contractor Registration (CCR)'' and adding ``System for Award
Management'' in its place.
PART 9--CONTRACTOR QUALIFICATIONS
0
16. The authority citation for 48 CFR part 9 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
9.105-1 [Amended]
0
17. Amend section 9.105-1 by removing from paragraph (c), introductory
text, ``Excluded Parties List System (EPLS)'' and adding ``System for
Award Management Exclusions'' in its place.
0
18. Amend section 9.207 by revising paragraph (a)(9) to read as
follows:
9.207 Changes in status regarding qualification requirements.
(a) * * *
(9) The source is listed in the System for Award Management
Exclusions (see Subpart 9.4); or
* * * * *
0
19. Revise section 9.404 to read as follows:
9.404 System for Award Management Exclusions.
(a) The General Services Administration (GSA)--
(1) Operates the web-based System for Award Management (SAM)
Exclusions; and
(2) Provides technical assistance to Federal agencies in the use of
SAM.
(b) The SAM Exclusions contains the--
(1) Names and addresses of all contractors debarred, suspended,
proposed for debarment, declared ineligible, or excluded or
disqualified under the nonprocurement common rule, with cross-
references when more than one name is involved in a single action;
(2) Name of the agency or other authority taking the action;
(3) Cause for the action (see 9.406-2 and 9.407-2 for causes
authorized under this subpart) or other statutory or regulatory
authority;
(4) Effect of the action;
(5) Termination date for each listing;
(6) Data Universal Numbering System number;
(7) Social Security Number (SSN), Employer Identification Number
(EIN), or other Taxpayer Identification Number (TIN), if available; and
(8) Name and telephone number of the agency point of contact for
the action.
(c) Each agency must--
(1) Obtain password(s) from GSA to access SAM for data entry;
(2) Notify GSA in the event a password needs to be rescinded (e.g.,
when an agency employee leaves or changes function);
(3) Enter the information required by paragraph (b) of this section
within 3 working days after the action becomes effective;
(4) Determine whether it is legally permitted to enter the SSN,
EIN, or other TIN, under agency authority to suspend or debar;
(5) Update SAM Exclusions, generally within 5 working days after
modifying or rescinding an action;
(6) In accordance with internal retention procedures, maintain
records relating to each debarment, suspension, or proposed debarment
taken by the agency;
(7) Establish procedures to ensure that the agency does not solicit
offers from, award contracts to, or consent to subcontracts with
contractors whose names are in SAM Exclusions, except as otherwise
provided in this subpart;
(8) Direct inquiries concerning listed contractors to the agency or
other authority that took the action; and
(9) Contact GSA for technical assistance with SAM, via the support
email address or on the technical support phone line available at the
SAM Web site provided in paragraph (d) of this section.
(d) SAM is available via https://www.acquisition.gov.
[[Page 37679]]
9.405 [Amended]
0
20. Amend section 9.405 by removing from paragraphs (b), (d)(1), and
(d)(4) the words ``the EPLS'' and adding ``SAM Exclusions'' in its
place.
9.405-2 [Amended]
0
21. Amend section 9.405-2 by--
0
a. Removing from paragraph (b), introductory text, ``inclusion in the
EPLS'' and adding ``listing in SAM Exclusions'' in its place;
0
b. Removing from paragraph (b)(2) ``in the EPLS'' and adding ``listed
in SAM Exclusions'' in its place; and
0
c. Removing from paragraph (b)(3) ``inclusion in the EPLS'' and adding
``listing in SAM Exclusions'' in its place.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.301 [Amended]
0
22. Amend section 12.301 by removing from paragraph (e)(4) ``Online
Representations and Certifications Application (ORCA) Database'' and
adding ``System for Award Management database'' in its place.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.102 [Amended]
0
23. Amend section 13.102 by removing from paragraph (a), introductory
text, ``Central Contractor Registration'' and adding ``System for Award
Management'' in its place.
13.201 [Amended]
0
24. Amend section 13.201 by removing from paragraph (h) ``Central
Contractor Registration (CCR)'' and adding ``System for Award
Management'' in its place.
PART 16--TYPES OF CONTRACTS
16.505 [Amended]
0
25. Amend section 16.505 by removing from paragraph (a)(12) ``Central
Contractor Registration (CCR)'' and adding ``System for Award
Management'' in its place.
PART 17--SPECIAL CONTRACTING METHODS
0
26. Amend section 17.207 by revising paragraph (c)(5) to read as
follows:
17.207 Exercise of options.
* * * * *
(c) * * *
(5) The contractor is not listed in the System for Award Management
Exclusions (see FAR 9.405-1).
* * * * *
PART 18--EMERGENCY ACQUISITIONS
0
27. The authority citation for 48 CFR part 18 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
0
28. Revise section 18.102 to read as follows:
18.102 System for Award Management.
Contractors are not required to be registered in the System for
Award Management (SAM) database for contracts awarded to support
unusual and compelling needs or emergency acquisitions. (See 4.1102).
However, contractors are required to register with SAM in order to gain
access to the Disaster Response Registry. Contracting officers shall
consult the Disaster Response Registry via https://www.acquisition.gov
to determine the availability of contractors for debris removal,
distribution of supplies, reconstruction, and other disaster or
emergency relief activities inside the United States and outlying
areas. (See 26.205).
PART 19--SMALL BUSINESS PROGRAMS
19.308 [Amended]
0
29. Amend section 19.308 by removing from paragraph (h)(2)(i) ``Central
Contractor Registration (CCR) and Online Representations and
Certifications Application (ORCA)'' and adding ``System for Award
Management (SAM)'' in its place; and removing from paragraph (h)(3)(iv)
``CCR and ORCA'' and adding ``SAM'' in its place.
19.703 [Amended]
0
30. Amend section 19.703 by removing from paragraph (d)(1),
introductory text, ``Central Contractor Registration (CCR)'' and adding
``System for Award Management'' in its place.
19.1503 [Amended]
0
31. Amend section 19.1503 by removing from paragraph (b)(1) ``Central
Contractor Registration (CCR)'' and adding ``the System for Award
Management (SAM)'' in its place; and removing from paragraph (b)(2)
``in the Online Representations and Certifications Application (ORCA)''
and adding ``as an EDWOSB or WOSB concern in SAM'' in its place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1025 [Amended]
0
32. Amend section 22.1025 by removing ``Excluded Parties List System''
and adding ``System for Award Management Exclusions'' in its place.
PART 25--FOREIGN ACQUISITION
25.703-3 [Amended]
0
33. Amend section 25.703-3 by removing from paragraph (a) ``on the
Excluded Parties List System'' and adding ``in the System for Award
Management Exclusions'' in its place.
PART 26--OTHER SOCIOECONOMIC PROGRAMS
0
34. The authority citation for 48 CFR part 26 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
26.205 [Amended]
0
35. Amend section 26.205 by removing from paragraph (b) ``CCR Search''
and ``CCR'' and adding ``System for Award Management (SAM) search'' and
``SAM'' in their places, respectively.
PART 28--BONDS AND INSURANCE
0
36. The authority citation for 48 CFR part 28 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
28.203-7 [Amended]
0
37. Amend section 28.203-7 by removing from paragraphs (c) and (d)
``Excluded Parties List System'' and adding ``System for Award
Management Exclusions'' in their places.
PART 32--CONTRACT FINANCING
32.805 [Amended]
0
38. Amend section 32.805 by removing from paragraph (d)(4) ``Central
Contractor Registration'' and adding ``System for Award Management'' in
its place.
32.905 [Amended]
0
39. Amend section 32.905 by removing from paragraph (b)(1)(ix)(B)
``Central Contractor Registration'' and adding ``System for Award
Management'' in its place (twice).
0
40. Amend section 32.1108 by--
0
a. Removing from paragraph (b)(2)(i) ``Central Contractor Registration
(CCR)'' and adding ``System for Award Management (SAM)'' in its place;
0
b. Revise paragraph (b)(2)(ii); and
[[Page 37680]]
0
c. Removing from paragraphs (b)(2)(iii) and (b)(2)(iv) ``CCR'' and
adding ``SAM'' in its place.
The revised text reads as follows:
32.1108 Payment by Governmentwide commercial purchase card.
* * * * *
(b) * * *
(2) * * *
(ii) The contracting officer shall not authorize the Governmentwide
commercial purchase card as a method of payment during any period the
SAM indicates that the contractor has delinquent debt subject to
collection under the TOP. In such cases, payments under the contract
shall be made in accordance with the clause at 52.232-33, Payment by
Electronic Funds Transfer--System for Award Management, or 52.232-34,
Payment by Electronic Funds Transfer--Other Than System for Award
Management, as appropriate (see FAR 32.1110(d)).
* * * * *
0
41. Amend section 32.1110 by--
0
a. Removing from the introductory text of paragraph (a)(1) ``Central
Contractor Registration'' and ``CCR'' and adding ``System for Award
Management'' and ``System for Award Management (SAM)'' in its place,
respectively;
0
b. Revising paragraph (a)(2)(i); and
0
c. Removing from paragraphs (d), (e)(1), (e)(2), and (g) ``Central
Contractor Registration'' and adding ``System for Award Management'' in
their places (five times).
The revised text reads as follows:
32.1110 Solicitation provision and contract clauses.
(a) * * *
(2)(i) 52.232-34, Payment by Electronic Funds Transfer--Other than
System for Award Management, in solicitations and contracts that
require EFT as the method for payment but do not include the provision
at 52.204-7, System for Award Management, or a similar agency clause
that requires the contractor to be registered in the SAM database.
* * * * *
PART 44--SUBCONTRACTING POLICIES AND PROCEDURES
0
42. The authority citation for 48 CFR part 44 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
44.202-2 [Amended]
0
43. Amend section 44.202-2 by removing from paragraph (a)(13)
``Excluded Parties List System'' and adding ``System for Award
Management Exclusions'' in its place.
0
44. Amend section 44.303 by revising paragraph (d) to read as follows:
44.303 Extent of review.
* * * * *
(d) Methods of evaluating subcontractor responsibility, including
the contractor's use of the System for Award Management Exclusions (see
9.404) and, if the contractor has subcontracts with parties on the
Exclusions list, the documentation, systems, and procedures the
contractor has established to protect the Government's interests (see
9.405-2);
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
45. Amend section 52.204-6 by:
0
a. Revising the date of the provision; and
0
b. Removing from paragraph (b) ``CCR'' and adding ``System for Award
Management'' in its place.
The revised text reads as follows:
52.204-6 Data Universal Numbering System Number.
* * * * *
Data Universal Numbering System Number (Jul 2013)
* * * * *
0
46. Amend section 52.204-7 by--
0
a. Revising the section heading;
0
b. Revising the provision heading and the date of the provision;
0
c. Amending paragraph (a) by--
0
i. Removing the definition ``Central Contractor Registration (CCR)
database'';
0
ii. Removing from the definition ``Data Universal Numbering System +4
(DUNS+4) number'' the acronym ``CCR'' and adding ``System for Award
Management'' in its place;
0
iii. Removing the definition ``Registered in the CCR database''; and
adding, in alphabetical order, the definition ``Registered in the
System for Award Management (SAM) database''; and
0
d. Removing from paragraphs (b)(1), (b)(2), and (d) ``CCR'' and adding
``SAM'' in their places; and
0
e. Revising the date of Alternate I; and removing from paragraph (b)(1)
of Alternate I ``CCR database'' and adding ``System for Award
Management'' in its place (twice).
The revised text reads as follows:
52.204-7 System for Award Management.
* * * * *
System for Award Manangement (Jul 2013)
(a) * * *
Registered in the System for Award Management (SAM) database
means that--
(1) The offeror has entered all mandatory information, including
the DUNS number or the DUNS+4 number, the Contractor 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;
(2) The offeror has completed the Core, Assertions, and
Representations and Certifications, and Points of Contact sections
of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to
include validation of the Taxpayer Identification Number (TIN) with
the Internal Revenue Service (IRS). The offeror will be required to
provide consent for TIN validation to the Government as a part of
the SAM registration process; and
(4) The Government has marked the record ``Active''.
* * * * *
Alternate I (Jul 2013) * * *
* * * * *
0
47. Amend section 52.204-8 by--
0
a. Revising the date of the provision;
0
b. Removing from paragraph (b)(1) ``Central Contractor Registration''
and adding ``System for Award Management'' in its place;
0
c. Removing from paragraph (b)(2), introductory text, ``CCR'' and
``ORCA'' and adding ``the System for Award Management (SAM)'' and
``Representations and Certifications section of SAM'' in their places,
respectively;
0
d. Removing from paragraph (c)(1), introductory text, ``ORCA'' and
adding ``SAM'' in its place;
0
e. Removing from paragraph (c)(1)(iii) ``Central Contractor
Registration'' and adding ``System for Award Management'' in its place;
and
0
f. Revising paragraph (d).
The revised text reads as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations and Certifications (Jul 2013)
* * * * *
(d) The offeror has completed the annual representations and
certifications electronically via the SAM Web site accessed through
https://www.acquisition.gov. After reviewing the SAM database
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
[[Page 37681]]
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.
----------------------------------------------------------------------------------------------------------------
FAR Clause No. Title Date Change
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
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 on SAM.
0
48. Amend section 52.204-10 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (d)(1), introductory text, ``Central
Contractor Registration (CCR)'' and adding ``System for Award
Management (SAM)'' in its place; and
0
c. Removing from paragraph (h) ``CCR'' and adding ``SAM'' in its place
(twice).
The revised text reads as follows:
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards.
* * * * *
Reporting Executive Compensation and First-Tier Subcontract Awards (Jul
2013)
* * * * *
0
49. Amend section 52.204-13 by--
0
a. Revising the section heading;
0
b. Revising the clause heading and the date of the clause;
0
c. Amending paragraph (a) by--
0
i. Removing the definition ``Central Contractor Registration (CCR)
database'';
0
ii. Removing from the definition ``Data Universal Numbering System +4
(DUNS+4) number'' the acronym ``CCR'' and adding ``SAM'' in its place;
0
iii. Removing the definition ``Registered in the CCR database'' and
adding, in alphabetical order, the definition ``Registered in the
System for Award Management (SAM) database''; and
0
iv. Adding, in alphabetical order, the definition ``System for Award
Management (SAM)'';
0
d. Removing from paragraph (b) ``CCR'' and adding ``SAM'' in its place
(four times);
0
e. Removing from paragraphs (c)(1)(i)(A) and (c)(1)(ii) ``CCR'' and
adding ``SAM'' in its place; and
0
f. Revising paragraph (c)(2).
The revised text reads as follows:
52.204-13 System for Award Management Maintenance.
* * * * *
System for Award Management Maintenance (Jul 2013)
(a) * * *
Registered in the System for Award Management (SAM) database
means that--
(1) The Contractor has entered all mandatory information,
including the DUNS number or the DUNS+4 number, the Contractor 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;
(2) The Contractor has completed the Core, Assertions,
Representations and Certifications, and Points of Contact sections
of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to
include validation of the Taxpayer Identification Number (TIN) with
the Internal Revenue Service (IRS). The Contractor will be required
to provide consent for TIN validation to the Government as a part of
the SAM registration process; and
(4) The Government has marked the record ``Active''.
System for Award Management (SAM) means the primary Government
repository for prospective Federal awardee and Federal awardee
information and the centralized Government system for certain
contracting, grants, and other assistance-related processes. It
includes--
(1) Data collected from prospective Federal awardees required
for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and
certifications in accordance with FAR subpart 4.12; and
(3) Identification of those parties excluded from receiving
Federal contracts, certain subcontracts, and certain types of
Federal financial and non-financial assistance and benefits.
* * * * *
(c) * * *
(2) The Contractor shall not change the name or address for EFT
payments or manual payments, as appropriate, in the SAM record to
reflect an assignee for the purpose of assignment of claims (see FAR
subpart 32.8, Assignment of Claims). Assignees shall be separately
registered in the SAM. Information provided to the Contractor's SAM
record that indicates payments, including those made by EFT, to an
ultimate recipient other than that Contractor will be considered to
be incorrect information within the meaning of the ``Suspension of
Payment'' paragraph of the EFT clause of this contract.
* * * * *
0
50. Amend section 52.209-6 by revising the date of the clause and
paragraph (d) to read as follows:
52.209-6 Protecting the Government's Interest When Subcontracting
with Contractors Debarred, Suspended, or Proposed for Debarment.
* * * * *
Protecting The Government's Interest When Subcontracting With
Contractors Debarred, Suspended, or Proposed for Debarment (Jul 2013)
* * * * *
(d) A corporate officer or a designee of the Contractor shall
notify the Contracting Officer, in writing, before entering into a
subcontract with a party (other than a subcontractor providing a
commercially available off-the-shelf item) that is debarred,
suspended, or proposed for debarment (see FAR 9.404 for information
on the System for Award Management (SAM) Exclusions). The notice
must include the following:
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the
subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the
subcontractor notwithstanding its being listed with an exclusion in
SAM.
(4) The systems and procedures the Contractor has established to
ensure that it is fully protecting the Government's interests when
dealing with such subcontractor in view of the specific basis for
the party's debarment, suspension, or proposed debarment.
* * * * *
0
51. Amend section 52.209-7 by:
0
a. Revising the date of the provision; and
0
b. Removing from paragraph (d) ``Central Contractor Registration'' and
adding ``System for Award Management'' in its place.
The revised text reads as follows:
52.209-7 Information Regarding Responsibility Matters.
* * * * *
Information Regarding Responsibility matters (Jul 2013)
* * * * *
0
52. Amend section 52.209-9 by revising the date of the clause; and
removing from paragraph (a) ``Central Contractor Registration'' and
adding ``System for Award Management'' in its place. The revised text
reads as follows:
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters.
* * * * *
Updates of Publicly Available Information Regarding Responsibility
Matters (Jul 2013)
* * * * *
0
53. Amend section 52.212-1 by--
[[Page 37682]]
0
a. Revising the date of the provision;
0
b. Removing from paragraph (j) ``Central Contractor Registration
(CCR)'' and ``CCR'' and adding ``System for Award Management (SAM)''
and ``SAM'' in their places, respectively; and
0
c. Revising paragraph (k).
The revised text reads as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items (Jul 2013)
* * * * *
(k) System for Award Management. Unless exempted by an addendum
to this solicitation, by submission of an offer, the offeror
acknowledges the requirement that a prospective awardee shall be
registered in the SAM database prior to award, during performance
and through final payment of any contract resulting from this
solicitation. If the Offeror does not become registered in the SAM
database in the time prescribed by the Contracting Officer, the
Contracting Officer will proceed to award to the next otherwise
successful registered Offeror. Offerors may obtain information on
registration and annual confirmation requirements via the SAM
database accessed through https://www.acquisition.gov.
* * * * *
0
54. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing from the introductory text ``ORCA'' and adding ``System for
Award Management (SAM)'' in its place;
0
c. Removing from paragraph (b)(1) ``Online Representations and
Certifications Application (ORCA)'' and adding ``SAM'' in its place;
0
d. Removing from paragraph (b)(2) ``ORCA'' and adding ``SAM'' in its
place (three times);
0
e. Removing from paragraph (c)(10)(i)(A) ``CCR'' and adding ``SAM'' in
its place; and
0
f. Removing from paragraph (l), introductory text ``a central
contractor registration'' and adding ``the SAM'' in its place.
The revised text reads as follows:
52.212-3 Offeror Representations and Certifications--Commercial
Items.
* * * * *
Offeror Representations and Certifications--Commercial items (Jul 2013)
* * * * *
0
55. Amend section 52.212-4 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (g)(1)(x)(B) ``Central Contractor
Registration'' and adding ``System for Award Management'' in its place
(twice);
0
c. Revising the heading of paragraph (t);
0
d. Removing from paragraphs (t)(1), (t)(2)(i), (t)(2)(ii), and (t)(3)
``CCR'' and adding ``SAM'' in its place (nine times); and
0
e. Revising paragraph (t)(4).
The revised text reads as follows:
52.212-4 Contract Terms and Conditions--Commercial Items.
* * * * *
Contract Terms and Conditions--Commercial Items (Jul 2013)
* * * * *
(t) System for Award Management (SAM) * * *
(4) Offerors and Contractors may obtain information on
registration and annual confirmation requirements via SAM accessed
through https://www.acquisition.gov.
* * * * *
0
56. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Revising paragraphs (b)(4), (b)(6), (b)(7), (b)(14), (b)(15)(i),
(b)(20), (b)(23), (b)(24), (b)(25), (b)(48), (b)(49), and (b)(50);
0
c. Revising paragraph (e)(1)(ii); and
0
d. Amending Alternate II by revising the dates in the introductory text
and the first sentence in paragraph (e)(1)(ii)(C).
The revised text reads 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 (Jul 2013)
* * * * *
(b) * * *
---- (4) 52.204-10, Reporting Executive Compensation and First-
Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101
note).
* * * * *
---- (6) 52.209-6, Protecting the Government's Interest When
Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment. (Jul 2013) (31 U.S.C. 6101 note).
---- (7) 52.209-9, Updates of Publicly Available Information
Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
* * * * *
---- (14) 52.219-8, Utilization of Small Business Concerns (Jul
2013) (15 U.S.C. 637 (d)(2) and (3)).
---- (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul
2013) (15 U.S.C. 637(d)(4)).
* * * * *
---- (20) 52.219-25, Small Disadvantaged Business Participation
Program--Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-
355, section 7102, and 10 U.S.C. 2323).
* * * * *
-------- (23) 52.219-28, Post Award Small Business Program
Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
---- (24) 52.219-29, Notice of Set-Aside for Economically
Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul
2013) (15 U.S.C. 637(m)).
---- (25) 52.219-30, Notice of Set-Aside for Women-Owned Small
Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013)
(15 U.S.C. 637(m)).
* * * * *
---- (48) 52.232-33, Payment by Electronic Funds Transfer--
System for Award Management (Jul 2013) (31 U.S.C. 3332).
---- (49) 52.232-34, Payment by Electronic Funds Transfer--Other
than System for Award Management (Jul 2013) (31 U.S.C. 3332).
---- (50) 52.232-36, Payment by Third Party (Jul 2013) (31
U.S.C. 3332).
* * * * *
(e)(1) * * *
(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013)
(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 $650,000 ($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 (Jul 2013) * * *
* * * * *
(e)(1) * * *
(ii) * * *
(C) 52.219-8, Utilization of Small Business Concerns (Jul 2013)
(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer
further subcontracting opportunities. * * *
* * * * *
0
57. Amend section 52.213-4 by revising the date of the clause and
paragraphs (a)(2)(iv), (a)(2)(vi), (b)(1)(i), (b)(1)(xi), (b)(1)(xii),
and (b)(2)(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) (Jul 2013)
* * * * *
(a) * * *
(2) * * *
(iv) 52.232-25, Prompt Payment (Jul 2013).
* * * * *
(vi) 52.244-6, Subcontracts for Commercial Items (Jul 2013).
* * * * *
(b) * * *
(1) * * *
(i) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101
note) (Applies to contracts valued at $25,000 or more).
* * * * *
[[Page 37683]]
(xi) 52.232-33, Payment by Electronic Funds Transfer--System for
Award Management (Jul 2013). (Applies when the payment will be made
by electronic funds transfer (EFT) and the payment office uses the
System for Award Management (SAM) database as its source of EFT
information.)
(xii) 52.232-34, Payment by Electronic Funds Transfer--Other
than System for Award Management (Jul 2013). (Applies when the
payment will be made by EFT and the payment office does not use the
SAM database as its source of EFT information.)
* * * * *
(2) * * *
(i) 52.209-6, Protecting the Government's Interest When
Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment (Jul 2013) (Applies to contracts over $30,000).
* * * * *
0
58. Amend section 52.219-8 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (c), in the definition ``Small disadvantaged
business concern'', in paragraph (1)(iv) the acronym, ``CCR''; and
0
c. Removing from paragraph (d)(2), introductory text, ``Central
Contractor Registration (CCR)'' and adding ``System for Award
Management'' in its place.
The revised text reads as follows:
52.219-8 Utilization of Small Business Concerns.
* * * * *
Utilization of Small Business Concerns (Jul 2013)
* * * * *
0
59. Amend section 52.219-9 by--
0
a. Revising the date of the clause;
0
b. Revising paragraph (d)(5);
0
c. Removing from paragraph (d)(11)(i) ``CCR'' and adding ``SAM'' in its
place; and
0
d. Removing from paragraph (e)(4) ``Central Contractor Registration
(CCR)'' and adding ``SAM'' in its place.
The revised text reads as follows:
52.219-9 Small Business Subcontracting Plan.
* * * * *
Small Business Subcontracting Plan (Jul 2013)
* * * * *
(d) * * *
(5) A description of the method used to identify potential
sources for solicitation purposes (e.g., existing company source
lists, the System for Award Management (SAM), veterans service
organizations, the National Minority Purchasing Council Vendor
Information Service, the Research and Information Division of the
Minority Business Development Agency in the Department of Commerce,
or small, HUBZone, small disadvantaged, and women-owned small
business trade associations). A firm may rely on the information
contained in SAM as an accurate representation of a concern's size
and ownership characteristics for the purposes of maintaining a
small, veteran-owned small, service-disabled veteran-owned small,
HUBZone small, small disadvantaged, and women-owned small business
source list. Use of SAM as its source list does not relieve a firm
of its responsibilities (e.g., outreach, assistance, counseling, or
publicizing subcontracting opportunities) in this clause.
* * * * *
0
60. Amend section 52.219-25 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a) ``Central Contractor Registration
database'' and adding ``System for Award Management'' in its place.
The revised text reads as follows:
52.219-25 Small Disadvantaged Business Participation Program--
Disadvantaged Status and Reporting.
* * * * *
Small Disadvantaged Business Participation Program--Disadvantaged
Status and Reporting (Jul 2013)
* * * * *
0
61. Amend section 52.219-28 by--
0
a. Revising the date of the clause;
0
b. Revising paragraph (e); and
0
c. Removing from paragraph (g) ``ORCA'' and adding ``SAM'' in its place
(two times).
The revised text reads as follows:
52.219-28 Post-Award Small Business Program Rerepresentation.
* * * * *
Post-Award Small Business Program Rerepresentation (Jul 2013)
* * * * *
(e) Except as provided in paragraph (g) of this clause, the
Contractor shall make the representation required by paragraph (b)
of this clause by validating or updating all its representations in
the Representations and Certifications section of the System for
Award Management (SAM) and its other data in SAM, as necessary, to
ensure that they reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the
timeframes specified in paragraph (b) of this clause that the data
have been validated or updated, and provide the date of the
validation or update.
* * * * *
0
62. Amend section 52.219-29 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (e)(2) ``Central Contractor Registration
(CCR) database and the Online Representations and Certifications
Application (ORCA)'' and adding ``System for Award Management'' in its
place.
The revised text reads as follows:
52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-
Owned Small Business Concerns.
* * * * *
Notice of Set-Aside for Economically Disadvantaged Women-Owned Small
Business Concerns (Jul 2013)
* * * * *
0
63. Amend section 52.219-30 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (e)(2) ``Central Contractor Registration
(CCR) database and the Online Representations and Certifications
Application (ORCA)'' and adding ``System for Award Management'' in its
place.
The revised text reads as follows:
52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns
Eligible Under the Women-Owned Small Business Program.
* * * * *
Notice of Set-Aside for Women-Owned Small Business Concerns Eligible
Under the Women-Owned Small Business Program (Jul 2013)
* * * * *
0
64. Amend section 52.232-25 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(3)(ix)(B) ``Central Contractor
Registration'' and adding ``System for Award Management'' in its place
(two times).
The revised text reads as follows:
52.232-25 Prompt Payment.
* * * * *
Prompt Payment (Jul 2013)
* * * * *
0
65. Amend section 52.232-26 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(2)(ix)(B) ``Central Contractor
Registration'' and adding ``System for Award Management'' in its place
(two times).
The revised text reads as follows:
52.232-26 Prompt Payment for Fixed-Price Architect-Engineer
Contracts.
* * * * *
Prompt Payment for Fixed-Price Architect-Engineer Contracts (Jul 2013)
* * * * *
0
66. Amend section 52.232-27 by revising the date of the clause; and
removing from paragraph (a)(2)(x)(B) ``Central Contractor
Registration'' and adding ``System for Award Management'' in its place
(two times).
52.232-27 Prompt Payment for Construction Contracts.
* * * * *
Prompt Payment For Construction Contracts (Jul 2013)
* * * * *
0
67. Amend section 52.232-33 by--
[[Page 37684]]
0
a. Revising the section heading;
0
b. Revising the clause heading and the date of the clause;
0
c. Removing from paragraph (b) ``Central Contractor Registration
(CCR)'' and ``CCR'' and adding ``System for Award Management (SAM)''
and ``SAM'' in its place, respectively;
0
d. Removing from paragraph (d) ``CCR'' and adding ``SAM'' in its place
(two times); and
0
e. Removing from paragraph (g) and paragraph (i) ``CCR'' and adding
``SAM'' in its place.
The revised text reads as follows:
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management.
* * * * *
Payment by Electronic Funds Transfer--System for Award Management (Jul
2013)
* * * * *
0
68. Amend section 52.232-34 by revising the section and clause headings
and the date of the clause to read as follows:
52.232-34 Payment by Electronic Funds Transfer--Other than System for
Award Management.
* * * * *
Payment by Electronic Funds Transfer--Other than System for Award
Management (Jul 2013)
* * * * *
0
69. Amend section 52.232-35 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a) ``Central Contractor Registration'' and
adding ``System for Award Management'' in its place.
The revised text reads as follows:
52.232-35 Designation of Office for Government Receipt of Electronic
Funds Transfer Information.
* * * * *
Designation of Office for Government Receipt of Electronic Funds
Transfer Information (Jul 2013)
* * * * *
0
70. Amend section 52.232-36 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(2) ``Central Contractor Registration
(CCR)'' and ``CCR'' and adding ``System for Award Management (SAM)''
and ``SAM'' in their places, respectively.
The revised text reads as follows:
52.232-36 Payment by Third Party.
* * * * *
Payment by Third Party (Jul 2013)
* * * * *
0
71. Amend section 52.232-38 by:
0
a. Revising the date of the clause; and
0
b. Removing from the introductory text ``Central Contractor
Registration'' and adding ``System for Award Management'' in its place.
The revised text reads as follows:
52.232-38 Submission of Electronic Funds Transfer Information with
Offer.
* * * * *
Submission of Electronic Funds Transfer Information With Offer (Jul
2013)
* * * * *
0
72. Amend section 52.244-6 by revising the date of the clause and
paragraph (c)(1)(iii) to read as follows.
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items (Jul 2013)
* * * * *
(c)(1) * * *
(iii) 52.219-8, Utilization of Small Business Concerns (Jul
2013) (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 $650,000 ($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. 2013-14612 Filed 6-20-13; 8:45 am]
BILLING CODE 6820-EP-P