Federal Acquisition Regulation; Technical Amendments

AGENCY:

Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

ACTION:

Final rule.

SUMMARY:

This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes and to update web links.

DATES:

Effective: August 22, 2018.

FOR FURTHER INFORMATION CONTACT:

Ms. Lois Mandell, Regulatory Secretariat Division (MVCB), 1800 F Street NW, 2nd Floor, Washington, DC 20405, 202-501-4755. Please cite FAC 2005-100, Technical Amendments.

SUPPLEMENTARY INFORMATION:

In order to update certain elements in 48 CFR parts 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23, 25, 28, 31, 36, 41, 49, 52, and 53 this document makes editorial changes to the FAR.

List of Subjects in 48 CFR Parts 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23, 25, 28, 31, 36, 41, 49, 52, and 53

• Government procurement

Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23, 25, 28, 31, 36, 41, 49, 52, and 53 as set forth below:

1. The authority citation for parts 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23, 25, 28, 31, 36, 41, 49, 52, and 53 continues to read as follows:

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113.

PART 2—DEFINITIONS OF WORDS AND TERMS

2. Amend section 2.101, in paragraph (b)(2) by—

a. Removing from the definition “ Disaster Response Registry” “ https://www.acquisition.gov and alternately through the FEMA website at http://www.fema.gov/business/index.shtm. (See 26.205.)” and adding “the Internet at https://www.sam.gov,, Search Records, Advanced Search, Disaster Response Registry Search. (See 26.205.)” in its place; and

b. Removing from the definition “ Governmentwide point of entry (GPE)” “ http://www.fedbizopps.gov” and adding “ https://www.fbo.gov” in its place.

PART 4—ADMINISTRATIVE MATTERS

3. Amend section 4.1603 by revising paragraphs (b) introductory text, (b)(1), and (b)(2) introductory text to read as follows:

4. Amend section 4.1702 by removing from paragraph (b) “ http://www.whitehouse.gov/omb/procurement-service-contract-inventories” and adding “ https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/procurement/memo/service-contract-inventory-guidance.pdf” in its place.

PART 5—PUBLICIZING CONTRACT ACTIONS

5. Amend section 5.102 by removing from paragraph (a)(1) “ http://www.fedbizopps.gov” and adding “ https://www.fbo.gov” in its place.

6. Amend section 5.201 by removing from paragraph (d) “ http://www.fedbizopps.gov” and adding “ https://www.fbo.gov” in its place.

7. Amend section 5.207 by removing from paragraphs (b), (c)(19), and (e) “ http://www.fedbizopps.gov” and adding “ https://www.fbo.gov” in their places, respectively.

8. Amend section 5.704 by removing from paragraph (b) introductory text “ https://www.fedbizopps.gov” and adding “ https://www.fbo.gov” in its place.

9. Amend section 5.705 by removing from paragraphs (a)(2) introductory text and (c) “ https://www.fedbizopps.gov” and adding “ https://www.fbo.gov” in their places, respectively.

PART 6—COMPETITION REQUIREMENTS

10. Amend section 6.305 by removing from paragraph (d)(1) “ www.fedbizopps.gov” and adding “ https://www.fbo.gov” in its place.

PART 7—ACQUISITION PLANNING

11. Amend section 7.103 by removing from paragraph (p)(3) “ http://www.wbdg.org/pdfs/hpsb_guidance.pdf” and adding “ https://www.epa.gov/greeningepa/guiding-principles-federal-leadership-high-performance-and-sustainable-buildings” in its place.

12. Amend section 7.105 by removing from paragraph (b)(16) “ http://www.fedbizopps.gov” and adding “ https://www.fbo.gov” in its place.

13. Amend section 7.107-4(a)(1) introductory text by removing “contract task” and adding “contract or task” in its place.

PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES

14. Amend section 8.405-6 by removing from paragraph (a)(2)(i)(B)( 1) “ http://www.fedbizopps.gov” and adding “ https://www.fbo.gov” in its place.

15. Amend section 8.501 in the definition “ Federal helium supplier” by removing “ http://blm.gov/8pjd” and adding “ https://www.blm.gov/programs/energy-and-minerals/helium/partners” in its place.

16. Amend section 8.602 by removing from paragraphs (a)(4)(ii)(A) and (B) “FedBizOpps” and adding “FedBizOpps, also known as FBO” in their places, respectively.

PART 9—CONTRACTOR QUALIFICATIONS

17. Amend section 9.406-3 by removing from paragraph (f)(1) “ www.cpars.csd.disa.mil” and adding “ https://www.cpars.gov” in its place.

18. Amend section 9.407-3 by removing from paragraph (e)(1) “ www.cpars.csd.disa.mil” and adding “ https://www.cpars.gov” in its place.

PART 14—SEALED BIDDING

19. Amend section 14.201-2 by removing from paragraph (b) “(53.302-336)”.

PART 16—TYPES OF CONTRACTS

20. Amend section 16.505 by removing from paragraph (b)(2)(ii)(D)(2)( i) “ http://www.fedbizopps.gov” and adding “ https://www.fbo.gov” in its place.

PART 17—SPECIAL CONTRACTING METHODS

21. Amend section 17.502-1 by removing from paragraph (b)(1)(i) “ http://www.whitehouse.gov/omb/assets/procurement/iac_revised.pdf” and adding “ https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/procurement/interagency_acq/iac_revised.pdf” in its place; and removing from paragraph (c) introductory text “ http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/development-review-and-approval-of-business-cases-for-certain-interagency-and-agency-specific-acquisitions-memo.pdf” and adding “https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/procurement/memo/development-review-and-approval-of-business-cases-for-certain-interagency-and-agency-specific-acquisitions-memo.pdf” in its place.

PART 18—EMERGENCY ACQUISITIONS

22. Amend section 18.205 by removing from paragraph (b) “ http://www.whitehouse.gov/sites/default/files/omb/assets/procurement_guides/emergency_acquisitions_guide.pdf” and adding “ https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/procurement_guides/emergency_acquisitions_guide.pdf” in its place.

PART 19—SMALL BUSINESS PROGRAMS

23. Amend section 19.704 by removing from paragraph (a)(10)(iii) “contracts intended;” and adding “contracts with individual subcontracting plans where the contract is intended” in its place.

24. Amend section 19.1503 by removing from paragraph (c)(2)(viii) “ http://www.sba.gov/tools/forms/index.html” and adding “https://www.sba.gov/managing-business/forms/small-business-forms/financial-assistance-forms/personal-financial-statement” in its place.

PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

25. Amend section 22.001 by removing from the definition “ Administrator or Administrator, Wage and Hour Division” the words “Employment Standards Administration,”.

26. Amend section 22.404-3 by removing from paragraph (a) “(see 53.301-308)”.

27. Amend section 22.1001 by removing from the definition “ Wage and Hour Division” “Employment Standards Administration of the”.

28. Amend section 22.1021 by removing from paragraph (a) “Employment Standards Administration,”.

29. Amend section 22.1022 by removing from the second sentence “Employment Standards Administration,”.

30. Amend section 22.1304 by removing from paragraph (b) “ VETS-4212-customersupport@dol.gov” and adding “VETS4212-customersupport@dol.gov” in its place.

PART 23—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

31. Amend section 23.202 by removing from paragraph (b)(3) “ http://www.epa.gov/nps/lid/section438” and adding “ https://www.epa.gov/nps/stormwater-management-federal-facilities-under-section-438-energy-independence-and-security-act” in its place.

32. Amend section 23.203 by removing from paragraph (b)(2) “ http://www1.eere.energy.gov/femp/procurement/eep_requirements.html” and adding “ http://energy.gov/eere/femp/energy-and-water-efficient-products” in its place.

33. Amend section 23.205 by removing from paragraph (c)(1) “at http://www1.eere.energy.gov/femp/financing/espcs_regulations.html;” and adding paragraph (d) to read as follows:

(d) For more information see https://energy.gov/eere/femp/energy-savings-performance-contracts-federal-agencies.

34. Amend section 23.401 by removing from paragraph (a)(2) “ http://www.epa.gov/epawaste/conserve/tools/cpg/index.htm” and adding “ https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program” in its place.

35. Amend section 23.405 by removing from paragraph (a)(1) “ http://www.epa.gov/cpg/products.htm ” and adding “ https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products ” in its place.

36. Amend section 23.802 by removing from paragraph (c) “and the President's Climate Action Plan of June 2013”.

PART 25—FOREIGN ACQUISITION

37. Amend section 25.003 in the definition “ Caribbean Basin country end product” by removing from the paragraph (1)(ii)(B) “ http://www.usitc.gov/tata.hts/ ” and adding “ https://usitc.gov/tata/hts/index.htm ” in its place.

38. Amend section 25.703-2 by removing from paragraph (a)(2) “ http://www.treasury.gov/ofac/downloads/t11sdn.pdf ” and adding “ https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx ” in its place.

PART 28—BONDS AND INSURANCE

39. Amend section 28.106-1 by removing from the introductory text, “shown in 53.301 and 53.302”.

40. Amend section 28.106-3 by removing from paragraph (a) “, and a copy of the form is furnished for this purpose in part 53 of the looseleaf edition of the FAR”.

41. Amend section 28.203-3 by removing from paragraph (a)(1) “ http://www.justice.gov/enrd/ENRD_Assets/Title_Standards_2001.pdf ” and adding “ https://www.justice.gov/enrd/page/file/922431/download ” in its place.

42. Amend section 28.204-3 by revising paragraph (h) to read as follows:

PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES

43. Amend section 31.205-6 by removing from paragraphs (p)(2)(ii) and (p)(3)(ii) “ https://www.whitehouse.gov/omb/procurement_index_exec_comp/ ” and adding “ https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf ” in their places, respectively; and removing from paragraph (p)(4)(ii) “ http://www.whitehouse.gov/omb/procurement/cecp ” and adding “ https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf ” in its place.

PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

44. Amend section 36.104 by removing from paragraph (b)(1) “ http://www.wbdg.org/pdfs/hpsb_guidance.pdf ” and adding “ https://www.epa.gov/greeningepa/guiding-principles-federal-leadership-high-performance-and-sustainable-buildings ” in its place.

45. Revise the last sentence of section 36.700 to read as follows:

PART 41—ACQUISITION OF UTILITY SERVICES

46. Amend section 41.301 by removing from paragraph (a) “General Services Administration, Energy Center of Expertise, 301 7th Street SW, Room 4004, Washington, DC 20407” and adding “General Services Administration, Energy Division—PMA, 1800 F St NW, Washington, DC 20405; website: www.gsa.gov/energy;; Email: energy@gsa.gov” in its place.

PART 49—TERMINATION OF CONTRACTS

47. Revise the last sentence of section 49.602 to read as follows:

PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

48. Amend section 52.208-8 by revising the date of the clause and removing from paragraph (a), in the definition “ Federal helium supplier” “ http://www.blm.gov/nm/st/en/fo/Amarillo_Field_Office.html ” and adding “ https://www.blm.gov/programs/energy-and-minerals/helium/partners ” in its place.

The revision reads as follows:

49. Amend section 52.212-1 by revising the date of the provision and paragraph (b)(4) to read as follows:

50. Amend section 52.212-3 by revising the date of the provision and removing from paragraph (o)(2)(iii) “ http://www.treasury.gov/ofac/downloads/t11sdn.pdf ” and adding “ https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx” in its place.

The revision reads as follows:

51. Amend section 52.212-5 by—

a. Revising the date of the clause;

b. Revising paragraphs (b)(17)(i) and (b)(17)(v);

c. Revising paragraphs (b)(28) through (30);

d. Revising paragraphs (b)(48) and (49);

e. Redesignating paragraphs (b)(58) and (59) as paragraphs (b)(59) and (60), and adding a new paragraph (b)(58);

f. Revising the newly designated paragraph (b)(60);

g. Revising paragraphs (c)(2), (c)(4), and (e)(1)(xii); and

h. In Alternate II-

i. Revising the date of Alternate II;

ii. Revising paragraph (e)(1)(ii)(J); and

iii. Revising paragraphs (e)(1)(ii)(P) thru (e)(1)(ii)(R).

The revisions and addition read as follows:

52. Amend section 52.213-4 by revising the date of the clause and paragraphs (a)(2)(viii) and (b)(1)(vii) to read as follows:

53. Amend section 52.216-7 by revising the date of the clause and removing from paragraph (d)(2)(iv)(B) “ http://www.whitehouse.gov/omb/procurement_index_exec_comp/ ” and adding “ https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf ” in its place.

The revision reads as follows:

54. Amend section 52.219-9 by—

a. Revising the date of the clause;

b. Removing the erroneous paragraph (d), prior to paragraph (c)(1);

c. Removing from paragraph (d)(10)(iii) “contracts intended” and adding “contracts with individual subcontracting plans where the contract is intended” in its place;

d. Removing from paragraphs (d)(10)(vi) and (d)(10)(vii) “DUNS number” and adding “unique entity identifier” in its place;

e. In Alternate IV—

i. Revising the date of Alternate IV;

ii. Removing from paragraph (d)(10)(iii) “contract intended” and adding “contract with an individual subcontracting plan where the contract is intended” in its place; and

iii. Removing from paragraphs (d)(10)(vi) and (d)(10)(vii) “DUNS number” and adding “unique entity identifier” in its place.

The revisions read as follows:

55. Amend section 52.222-6 by revising the date of the clause and removing from paragraph (c)(2) “Employment Standards Administration,”.

The revision reads as follows:

56. Amend section 52.222-8 by revising the clause heading and date to read as follows:

57. Amend section 52.222-30 by revising the date of the clause and removing from paragraph (a) “Employment Standards Administration,”.

The revision reads as follows:

58. Amend section 52.222-31 by revising the date of the clause and removing from paragraph (a) “Employment Standards Administration,”.

The revision reads as follows:

59. Amend section 52.222-32 by revising the date of the clause and removing from paragraph (a) “Employment Standards Administration,”.

The revision reads as follows:

60. Amend section 52.222-41 by—

a. Revising the date of the clause;

b. Removing from paragraph (c)(2)(ii) “Employment Standards Administration”; and

c. Removing from paragraph (i)(1) “Employment Standards Administration,”.

The revision reads as follows:

61. Amend section 52.222-43 by revising the date of the clause and removing from paragraph (c) “Employment Standards Administration,”.

The revision reads as follows:

62. Amend section 52.223-17 by revising the date of the clause and removing from paragraph (b) “ http://www.epa.gov/cpg/ ” and “ http://www.epa.gov/cpg/products.htm ” and adding “ https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program ” in their places.

The revision reads as follows:

63. Amend section 52.225-5 by revising the date of the clause and removing from paragraph (a), in the definition of “Caribbean Basin country end product” paragraph (1)(ii)(B) introductory text “ http://www.usitc.gov/tata/hts/ ” and adding “ https://usitc.gov/tata/hts/index.htm ” in its place.

The revision reads as follows:

64. Amend section 52.225-18 by revising the date of the provision and removing from the introductory text of paragraph (a) “clause” and adding “provision” in its place.

The revision reads as follows:

65. Amend section 52.225-25 by revising the date of the provision and removing from paragraph (c)(3) “ http://www.treasury.gov/ofac/downloads/t11sdn.pdf ” and adding “ https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx ” in its place.

The revision reads as follows:

66. Amend section 52.228-11 by revising the date of the clause and removing from paragraph (b)(2)(i) “ http://www.justice.gov/enrd/ENRD_Assets/Title_Standards_2001.pdf ” and adding “ https://www.justice.gov/enrd/page/file/922431/download ” in its place.

The revision reads as follows:

67. Amend section 52.243-1 by revising the introductory text and the date of the clause to read as follows:

68. Amend section 52.244-6 by revising the date of the clause and paragraphs (c)(1)(iv), (v), (vi), (xv), and (xvi) to read as follows:

PART 53—FORMS

69. Amend section 53.000 by—

a. Removing “in acquisition,” and adding “in acquisition; and” in its place;

b. Removing “the forms, and” and adding “the forms.” in its place; and

c. Removing “(c) illustrates the forms.”.

70. Revise section 53.102 to read as follows:

71. Revise section 53.209-1 to read as follows:

72. Revise section 53.228 to read as follows:

73. Revise section 53.249 to read as follows:

74. Revise subpart 53.3 to read as follows:

Subpart 53.3—Forms Used in Acquisitions