[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Pages 12692-12693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6311]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5, 14, 15, and 52
[FAC 90-46; FAR Case 91-104; Item II]
RIN 9000-AF50
Federal Acquisition Regulation; Electronic Contracting
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed on a final rule amending
the Federal Acquisition Regulation (FAR) to address the use of
electronic commerce/electronic data interchange in Government
contracting. This regulatory action was not subject to Office of
Management and Budget review under Executive Order 12866, dated
September 30, 1993. This is not a major rule under 5 U.S.C. 804.
DATES: Effective May 16, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Ralph DeStefano at (202) 501-1758
in reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-46, FAR case 91-104.
SUPPLEMENTARY INFORMATION:
A. Background
A proposed rule was published in the Federal Register at 58 FR
69588, December 30, 1993. The rule proposed amendments to the FAR to
remove any barriers to the use of electronic data interchange in
Government contracting. Thirty-six comments from ten respondents were
received during the public comment period. After evaluating the public
comments, the Councils agreed to publish another proposed rule as a
result of significant changes to the previous proposed rule being
deemed necessary. The revised proposed rule was published in the
Federal Register at 60 FR 12384, March 6, 1995, and an interim rule was
published at 60 FR 34735, July 3, 1995. Additional changes to the final
rule include--
--Revisions at FAR 5.101(a)(2)(iv) to clarify requirements for
electronic posting of solicitations;
--Revisions at FAR 14.209(b) to clarify procedures for informing
bidders of cancellation of electronic invitations before opening; and
--Clarification of when electronic bids and proposals will be
considered to have been received by the Government for the purposes of
the late bid and late proposal rules in various clauses within FAR Part
52.
This rule complements the FACNET rule (FAR Case 94-770; 61 FR
39189, July 26, 1996), which implemented provisions of the Federal
Acquisition Streamlining Act of 1994 (FASA) (Pub. L. 103-355) and the
Clinger-Cohen Act of 1996 (Pub. L. 104-106).
B. Regulatory Flexibility Act
A Final Regulatory Flexibility Analysis (FRFA) has been performed
and will be provided to the Chief Counsel for Advocacy of the Small
Business Administration. A copy of the FRFA may be obtained from the
FAR Secretariat. The FRFA is summarized as follows:
This final rule authorizes the use of electronic commerce/
electronic data interchange in Government contracting. The legal
authority to use electronic commerce for Government contracting
actions was confirmed in General Accounting Office (GAO) Advisory
Opinion B-238449. The rule will apply to all actual or potential
bidders or offerors, large and small, when the solicitation
authorizes the use of electronic commerce/electronic data
interchange. It is estimated that the rule will apply to at least
8,615,190 small entities. There are no significant alternatives
which would accomplish the objectives of the rule.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 5, 14, 15, and 52
Government procurement.
Dated: March 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 5, 14, 15, and 52 are amended as set forth
below:
1. The authority citation for 48 CFR Parts 5, 14, 15, and 52
continues to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 5--PUBLICIZING CONTRACT ACTIONS
2. Section 5.101 is amended by revising the first sentence of
paragraph (a)(2)(iv) to read as follows:
5.101 Methods of disseminating information.
* * * * *
(a) * * *
(2) * * *
(iv) Electronic posting of requirements in a place accessible by
the general public at the Government installation may be used to
satisfy the public display requirement. * * *
* * * * *
PART 14--SEALED BIDDING
3. Section 14.209 is amended by revising paragraph (b) to read as
follows:
14.209 Cancellation of invitations before opening.
* * * * *
(b) When an invitation issued other than electronically is
cancelled, bids that have been received shall be returned unopened to
the bidders and notice of cancellation shall be sent to all prospective
bidders to whom invitations were issued. When an invitation issued
electronically is cancelled, a general notice of cancellation shall be
posted electronically, the bids received shall not be viewed, and the
bids shall be purged from primary and backup data storage systems.
* * * * *
4. Section 14.304-1 is amended by revising paragraph (a)(4) to read
as follows:
[[Page 12693]]
14.304-1 General.
* * * * *
(a) * * *
(4) It was transmitted through an electronic commerce method
authorized by the solicitation and was received at the initial point of
entry to the Government infrastructure not later than 5:00 p.m. one
working day prior to the date specified for receipt of bids.
* * * * *
PART 15--CONTRACTING BY NEGOTIATION
5. Section 15.410 is amended by revising the second and third
sentences of paragraph (b) to read as follows:
15.410 Amendment of solicitations before closing date.
* * * * *
(b) * * * If the time available before closing is insufficient,
prospective offerors or quoters shall be notified by electronic data
interchange, facsimile transmission, telegram, or telephone of an
extension of the closing date. Telephonic, facsimile, and telegraphic
notices shall be confirmed in the written amendment to the
solicitation. * * *
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
6. Section 52.214-7 is amended by revising the provision date, and
paragraph (a)(4) to read as follows:
52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.
* * * * *
Late Submissions, Modifications, and Withdrawals of Bids (May 1997)
(a) * * *
(4) Was transmitted through an electronic commerce method
authorized by the solicitation and was received at the initial point
of entry to the Government infrastructure not later than 5:00 p.m.
one working day prior to the date specified for receipt of bids.
* * * * *
7. Section 52.214-23 is amended by revising the provision date, and
paragraph (a)(4) to read as follows:
52.214-23 Late Submissions, Modifications, and Withdrawals of
Technical Proposals under Two-Step Sealed Bidding.
* * * * *
Late Submissions, Modfications, and Withdrawals of Technical Proposals
Under Two-Step Sealed Bidding (MAY 1997)
(a) * * *
(4) Was transmitted through an electronic commerce method
authorized by the solicitation and was received at the initial point
of entry to the Government infrastructure not later than 5:00 p.m.
one working day prior to the date specified for receipt of technical
proposals; or
* * * * *
8. Section 52.214-32 is amended by revising the date of the
provision, and paragraph (a)(2) to read as follows:
52.214-32 Late Submissions, Modifications, and Withdrawals of Bids
(Overseas).
* * * * *
Late Submissions, Modifications, and Withdrawals of Bids (Overseas)
(May 1997)
(a) * * *
(2) Was transmitted through an electronic commerce method
authorized by the solicitation and was received at the initial point
of entry to the Government infrastructure not later than 5:00 p.m.
one working day prior to the date specified for receipt of bids. The
term ``working day'' excludes weekends and U.S. Federal holidays.
* * * * *
9. Section 52.214-33 is amended by revising the clause date, and
paragraph (a)(2) to read as follows:
52.214-33 Late Submissions, Modifications, and Withdrawals of
Technical Proposals Under Two-Step Sealed Bidding (Overseas).
* * * * *
Late Submissions, Modifications, and Withdrawals of Technical Proposals
Under Two-Step Sealed Bidding (May 1997)
(a) * * *
(2) Was transmitted through an electronic commerce method
authorized by the solicitation and was received at the initial point
of entry to the Government infrastructure not later than 5:00 p.m.
one working day prior to the date specified for receipt of technical
proposals. The term ``working day'' excludes weekends and U.S.
Federal holidays; or
* * * * *
10. Section 52.215-10 is amended by revising the provision date and
paragraph (a)(4) to read as follows:
52.215-10 Late Submissions, Modifications, and Withdrawals of
Proposals.
* * * * *
Late Submissions, Modifications, and Withdrawals of Proposals (May
1997)
(a) * * *
(4) It was transmitted through an electronic commerce method
authorized by the solicitation and was received at the initial point
of entry to the Government infrastructure not later than 5:00 p.m.
one working day prior to the date specified for receipt of
proposals;
* * * * *
11. Section 52.215-15 is revised to read as follows:
52.215-15 Failure to Submit Offer.
As prescribed in 15.407(d)(3), insert the following provision:
Failure to Submit Offer (May 1997)
Recipients of this solicitation not responding with an offer
should not return this solicitation, unless it specifies otherwise.
Instead, for paper transactions, they should advise the issuing
office by letter, postcard, or established electronic commerce
methods, whether they want to receive future solicitations for
similar requirements. Electronic solicitations do not require
notification of desire to receive future solicitations, since these
solicitations will be openly available to any interested party. If a
recipient does not submit an offer and does not notify the issuing
office that future solicitations are desired, the recipient's name
may be removed from the applicable mailing list.
(End of provision)
12. Section 52.215-36 is amended by revising the provision date and
paragraph (a)(2) to read as follows:
52.215-36 Late Submissions, Modifications, and Withdrawals of
Proposals (Overseas).
* * * * *
Late Submissions, Modifications, and Withdrawals of Proposals
(OVERSEAS) (MAY 1997)
(a) * * *
(2) It was transmitted through an electronic commerce method
authorized by the solicitation and was received at the initial point
of entry to the Government infrastructure not later than 5:00 p.m.
one working day prior to the date specified for receipt of
proposals. The term ``working day'' excludes weekends and U.S.
Federal holidays;
* * * * *
[FR Doc. 97-6311 Filed 3-14-97; 8:45 am]
BILLING CODE 6820-EP-P
