[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Proposed Rules]
[Pages 12384-12389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4698]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 5, 7, 8, 9, 12, 14, 15, 16, 32, 45, 52, and 53
[FAR Case 91-104]
Federal Acquisition Regulation; Electronic Contracting
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to amend the Federal
Acquisition Regulation (FAR) to address the use of electronic commerce/
electronic data interchange in Government contracting. This regulatory
action was subject to Office of Management and Budget review pursuant
to Executive Order No. 12866 dated September 30, 1993.
DATES: Comments should be submitted to the FAR Secretariat at the
address shown below on or before May 5, 1995, to be considered in the
formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (VRS), 18th & F
Streets, NW, Room 4037, Washington, DC 20405. Please cite FAR case 91-
104 in all correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb at (202) 501-4547 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 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, because
significant changes to the rule published on December 30, 1993, were
deemed to be necessary. The changes include:
--Revision of the definition of ``in writing'' or ``written'' at 2.101
to include electronically transmitted and stored information.
--Revision of the definition of ``signature'' at 2.101 for clarity and
to include electronic symbols.
--Addition of a definition of ``electronic commerce'' at 4.301.
--Amendment of section 5.101 to permit the use of electronic
dissemination, available to the public at the contracting office, to
satisfy the requirement for public display of proposed contract
actions.
--Amendment of section 5.102 to permit contracting officers to furnish
solicitations directly to the electronic address of a small business
concern.
--Amendment of sections 12.103, 14.304-1, 52.212-1, 52.212-2, 52.214-7,
52.214-23, 52.214-32, 52.214-33, 52.215-10, and 52.215-36 to
accommodate the use of electronic systems which batch-process
communications overnight and, therefore, require receipt of information
one day in advance to ensure timely delivery to the designated address.
--Revision of paragraph (a) of section 14.205-1 to eliminate the
requirement [[Page 12385]] for establishment of solicitation mailing
lists when using electronic commerce methods which transmit
solicitations or presolicitation notices automatically to all
interested sources participating in electronic contracting with the
purchasing activity.
--Addition of new regulations at 14.406 and 15.607(d) to establish
procedures for handling unreadable electronic bids and proposals.
This proposed rule and the proposed rule published under FAR Case
94-770, Simplified Acquisition Procedures/FACNET, are interdependent
and are meant to be considered jointly.
B. Regulatory Flexibility Act
The proposed rule is expected to have a positive 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
encourages broader use of electronic contracting, thereby improving
industry access to Federal contracting opportunities. An Initial
Regulatory Flexibility Analysis (IRFA) has been prepared and may be
obtained from the FAR Secretariat. A copy of the IRFA has been
submitted to the Chief Counsel for Advocacy of the Small Business
Administration. Comments are invited from small businesses and other
interested parties. Comments from small entities concerning the
affected FAR parts will also be considered in accordance with 5 U.S.C.
610. Such comments must be submitted separately and should cite 5
U.S.C. 601 et seq. (FAR case 91-104) in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
rule does not impose any information collection requirements 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 2, 4, 5, 7, 8, 9, 12, 14, 15, 16,
32, 45, 52, and 53:
Government procurement.
Dated: February 21, 1995.
C. Allen Olson,
Director, Office of Federal Acquisition Policy.
Therefore, it is proposed that 48 CFR Parts 2, 4, 5, 7, 8, 9, 12,
14, 15, 16, 32, 45, 52, and 53 be amended as set forth below:
1. The authority citation for 48 CFR Parts 2, 4, 5, 7, 8, 9, 12,
14, 15, 16, 32, 45, 52, and 53 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 2--DEFINITIONS OF WORDS AND TERMS
2. Section 2.101 is amended by adding, in alphabetical order, the
definitions, ``In writing'' or ``written'' and ``Signature'' or
``signed'' to read as follows:
2.101 Definitions.
* * * * *
In writing or written means any worded or numbered expression which
can be read, reproduced, and later communicated, and includes
electronically transmitted and stored information.
* * * * *
Signature or signed means the discrete, verifiable symbol of an
individual which, when affixed to a writing with the knowledge and
consent of the individual, indicates a present intention to
authenticate the writing. This includes electronic symbols.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
3. Section 4.101 is revised to read as follows:
4.101 Contracting officer's signature.
Only contracting officers shall sign contracts on behalf of the
United States. The contracting officer's name and official title shall
be typed, stamped, or printed on the contract. The contracting officer
normally signs the contract after it has been signed by the contractor.
The contracting officer shall ensure that the signer(s) have authority
to bind the contractor (see specific requirements in 4.102 of this
subpart).
4.201 [Amended]
4. Section 4.201 is amended in paragraph (a) by removing the
parenthetical ``(see 4.101(b)),''; in paragraph (b)(1) by removing the
parenthetical ``stamped `DUPLICATE ORIGINAL,' see 4.101(b))''; and in
paragraph (d) by revising the parenthetical to read ``(see
30.601(b))''.
5. Section 4.500, as proposed to be added in FAR Case 94-770
published elsewhere in this issue of the Federal Register, is amended
by adding, in alphabetical order, definitions for ``Electronic
commerce'' and ``Electronic data interchange'' to read as follows:
4.500 Definitions.
Electronic commerce means a paperless process including electronic
mail, electronic bulletin boards, electronic funds transfer, electronic
data interchange, and similar techniques for accomplishing business
transactions. The use of terms commonly associated with paper
transactions (e.g., ``copy'', ``document'', ``page'', ``printed'',
``sealed envelope'' and ``stamped'') shall not be interpreted to
restrict the use of electronic commerce.
Electronic data interchange means a technique for electronically
transferring and storing formatted information between computers
utilizing established and published formats and codes, as authorized by
the applicable Federal Information Processing Standards.
PART 5--PUBLICIZING CONTRACT ACTIONS
6. Section 5.101 is amended by adding a new last sentence to
paragraph (a)(2) introductory text and by adding paragraph (a)(2)(iv)
to read as follows:
5.101 Methods of disseminating information.
* * * * *
(a) * * *
(2) * * * Electronic dissemination available to the public at the
contracting office may be used to satisfy the public display
requirement.
* * * * *
(iv) Contracting offices utilizing electronic systems for public
posting shall periodically publicize the methods for accessing such
information.
* * * * *
7. Section 5.102(a)(4)(i) is revised to read as follows:
5.102 Availability of solicitations.
(a) * * *
(4) * * *
(i) A copy of the solicitation and specifications. In the case of
solicitations disseminated by electronic data interchange,
solicitations may be furnished directly to the electronic address of
the small business concern;
* * * * *
8. Section 5.207 is amended by adding a new paragraph (c)(2)(xvi)
to read as follows:
5.207 Preparation and transmittal of synopses.
* * * * *
(c) * * *
(2) * * *
(xvi) If the solicitation will be made available to interested
parties through electronic data interchange, provide any information
necessary to obtain and respond to the solicitation electronically.
* * * * *
PART 7--ACQUISITION PLANNING
7.304 [Amended]
9. Section 7.304(b)(3) is amended in the first sentence by adding
``, or [[Page 12386]] electronic equivalent,'' after the word
``envelope''.
10. Section 7.306(a)(1)(i) is revised to read as follows:
7.306 Evaluation.
* * * * *
(a)(1) * * *
(i) Open the sealed cost comparison on which the cost estimate for
Government performance has been entered;
* * * * *
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
11. Section 8.405-2 is amended by revising the first sentence of
the introductory text to read as follows:
8.405-2 Order placement.
Ordering offices may use Optional Form 347, an agency-prescribed
form, or an established electronic communications format to order items
from schedules and shall place orders directly with the contractor
within the limitations specified in each schedule. * * *
* * * * *
8.705-3 [Amended]
12. Section 8.705-3(a) is amended in the first sentence by removing
the word ``letter'' and inserting ``written'' in its place.
PART 9--CONTRACTOR QUALIFICATIONS
9.206-3 [Amended]
13. Section 9.206-3(b) is amended in the first sentence by removing
``requested copies of the solicitation'' and inserting ``expressed
interest in the acquisition'' in its place.
PART 12--CONTRACT DELIVERY OR PERFORMANCE
14. Section 12.103(e) is revised to read as follows:
12.103 Supplies or services.
* * * * *
(e) In invitations for bids, if the delivery schedule is based on
the date of the contract, and a bid offers delivery based on the date
the contractor receives the contract or notice of award, the
contracting officer shall evaluate the bid by adding 5 calendar days
(as representing the normal time for arrival through ordinary mail). If
the contract or notice of award will be transmitted electronically, (1)
the solicitation shall so state; and (2) the contracting officer shall
evaluate delivery schedule based on the date of contract receipt or
notice of award, by adding one working day. (The term ``working day''
excludes weekends and U.S. Federal holidays.) If the offered delivery
date computed with mailing or transmittal time is later than the
delivery date required by the invitation for bids, the bid shall be
considered nonresponsive and rejected. If award is made, the delivery
date will be the number of days offered in the bid after the contractor
actually receives the notice of award.
PART 14--SEALED BIDDING
15. Section 14.201-6(e)(1) is revised to read as follows:
14.201-6 Solicitation provisions.
* * * * *
(e) * * *
(1) 52.214-9, Failure to Submit Bid, except when using electronic
data interchange methods not requiring solicitation mailing lists; and
* * * * *
14.202-1 Bidding time.
16. Section 14.202-1(b)(6) is amended by removing the word
``mailing'' and inserting ``transmittal'' in its place.
17. Section 14.202-2(a)(1) is revised to read as follows:
14.202-2 Telegraphic bids.
(a) * * *
(1) The date for the opening of bids will not allow bidders
sufficient time to submit bids in the prescribed format; or
* * * * *
18. Section 14.202-8 is added to read as follows:
14.202-8 Electronic bids.
In accordance with Subpart 4.5, contracting officers may authorize
use of electronic commerce for submission of bids. If electronic bids
are authorized, the solicitation shall specify the electronic commerce
method(s) that bidders may use.
19. Section 14.203-1 is revised to read as follows:
14.203-1 Transmittal to prospective bidders.
Invitations for bids or presolicitation notices shall be
transmitted as specified in 14.205, and shall be provided to others in
accordance with 5.102. When a contracting office is located in the
United States, any solicitation sent to a prospective bidder located at
a foreign address shall be sent by electronic data interchange or
international air mail if security classification permits.
20. Section 14.205-1(a) is revised to read as follows:
14.205-1 Establishment of lists.
(a) Solicitation mailing lists shall be established by contracting
activities to assure access to adequate sources of supplies and
services. This rule need not be followed, however, when (1) the
requirements of the contracting office can be obtained through use of
the simplified acquisition procedures (see Part 13), (2) the
requirements are nonrecurring, or (3) electronic commerce methods are
used which transmit solicitations or presolicitation notices
automatically to all interested sources participating in electronic
contracting with the purchasing activity. Lists may be established as a
central list for use by all contracting offices within the contracting
activity, or as local lists maintained by each contracting office.
* * * * *
21. Section 14.209(b) is amended by adding a second sentence to
read as follows:
14.209 Cancellation of invitations before opening.
* * * * *
(b) * * * For bids received electronically, the data received shall
not be viewed and shall be purged from primary and backup data storage
systems.
* * * * *
22. Section 14.301 is amended by adding paragraph (e) to read as
follows:
14.301 Responsiveness of bids.
(e) Bids submitted by electronic commerce shall be considered only
if the electronic commerce method was specifically stipulated or
permitted by the solicitation.
23. Section 14.303 is amended by revising the first sentence of
paragraph (a) and adding (c) to read as follows:
14.303 Modification or withdrawal of bids.
(a) Bids may be modified or withdrawn by any method authorized by
the solicitation, if notice is received in the office designated in the
solicitation not later than the exact time set for opening of bids. * *
*
* * * * *
(c) Upon withdrawal of an electronically transmitted bid, the data
received shall not be viewed and shall be purged from primary and
backup data storage systems.
24. Section 14.304-1 is amended by removing the word ``either'' at
the end of the paragraph (a) introductory text, by removing the world
``or'' at the end of paragraph (a)(2), by removing the period at the
end of paragraph (a)(3) and inserting ''; or'' in its place, and by
adding paragraph (a)(4) to read as follows:
14.304-1 General.
* * * * * [[Page 12387]]
(a) * * *
(4) It was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government not
later than 5:00 PM one working day prior to the date specified for
receipt of bids.
* * * * *
25. Section 14.401(a) is amended by revising the second sentence to
read as follows:
14.401 Receipt and safeguarding of bids.
(a) * * * Except as provided in paragraph (b) of this section, the
bids shall not be opened or viewed, and shall remain in a locked bid
box, a safe, or in a secured, restricted-access electronic bid box. * *
*
* * * * *
26. Section 14.402-3(a)(1) is revised to read as follows:
14.402-3 Postponement of openings.
(a) * * *
(1) The contracting officer has reason to believe that the bids of
an important segment of bidders have been delayed in the mails, or in
the communications system specified for transmission of bids, for
causes beyond their control and without their fault or negligence
(e.g., flood, fire, accident, weather conditions, strikes, or
Government equipment blackout or malfunction when bids are due); or
* * * * *
14.406 through 14.408 [Redesignated as 14.407 through 14.409; new
14.406 added.]
27. Sections 14.406, 14.406-1 through 14.406-4; 14.407, 14.407-1
through 14.407-8; and 14.408, 14.408-1 and 14.408-2 are redesignated as
14.407, 14.407-1 through 14.407-4; 14.408, 14.408-1 through 14.408-8;
and 14.409, 14.409-1 and 14.409-2, respectively, and a new section
14.406 is added to read as follows:
14.406 Receipt of an unreadable electronic bid.
If a bid received at the Government facility by electronic data
interchange is unreadable to the degree that conformance to the
essential requirements of the invitation for bids cannot be
ascertained, the contracting officer immediately shall notify the
bidder that the bid will be rejected unless the bidder provides clear
and convincing evidence--
(a) Of the content of the bid as originally submitted; and
(b) That the unreadable condition of the bid was caused by
Government software or hardware error, malfunction, or other Government
mishandling.
27A. Section 14.407-2 is amended by adding paragraph (c) to read as
follows:
14.407-2 Apparent clerical mistakes.
* * * * *
(c) Correction of bids submitted by electronic data interchange
shall be effected by including in the electronic solicitation file the
original bid, the verification request, and the bid verification.
PART 15--CONTRACTING BY NEGOTIATION
28. Section 15.402 is amended by adding paragraph (k) to read as
follows:
15.402 General.
* * * * *
(k) In accordance with Subpart 4.5, contracting officers may
authorize use of electronic commerce for submission of offers. If
electronic offers are authorized, the solicitation shall specify the
electronic commerce method(s) that offerors may use.
29. Section 15.407(d)(3) is revised to read as follows:
15.407 Solicitation provisions.
* * * * *
(d) * * *
(3) Insert in RFP's the provision at 52.215-15, Failure to Submit
Offer, except when using electronic data interchange methods not
requiring solicitation mailing lists; and
* * * * *
30. Section 15.410(b) is revised to read as follows:
15.410 Amendment of solicitations before closing date.
* * * * *
(b) The contracting officer shall determine if the closing date
needs to be changed when amending a solicitation. If the time available
before closing is insufficient, prospective offerors or quoters shall
be notified by electronic data interchange, telegram, or telephone of
an extension of the closing date. Telephonic and telegraphic notices
shall be confirmed in the written amendment to the solicitation. The
contracting officer shall not award a contract unless any amendments
made to an RFP have been issued in sufficient time to be considered by
prospective offerors.
* * * * *
31. Section 15.412 is amended by revising the heading and adding
paragraph (h) to read as follows:
15.412 Late proposals, modifications, and withdrawals of proposals.
* * * * *
(h) Upon withdrawal of an electronically transmitted proposal, the
data received shall not be viewed and shall be purged from primary and
backup data storage systems.
32. Section 15.607 is amended by adding paragraph (d) to read as
follows:
15.607 Disclosure of mistakes before award.
* * * * *
(d) If a proposal received at the Government facility in electronic
format is unreadable to the degree that conformance to the essential
requirements of the solicitation cannot be ascertained from the
document, the contracting officer immediately shall notify the offeror
and provide the opportunity for the offeror to submit clear and
convincing evidence--
(1) Of the content of the proposal as originally submitted; and
(2) That the unreadable condition of the proposal was caused by
Government software or hardware error, malfunction, or other Government
mishandling.
14.407-1, 14.407-3, 14.407-4, 14.408-6, 14.409, 15.607,
15.608 [Amended]
33. In addition to the amendments set forth above, newly-
redesignated sections 14.407 through 14.409, 15.607, and 15.608 are
further amended by updating the internal references as follows:
------------------------------------------------------------------------
Section Remove Insert
------------------------------------------------------------------------
14.407-1.................................... 14.406 14.407
14.407-3 intro. text........................ 14.406-3 14.407-3
14.406-2 14.407-2
14.407-3 (e), (h) & (i)..................... 14.406-3 14.407-3
14.407-4(f)................................. 14.406-4 14.407-4
14.408-6(c)................................. 14.407-6 14.408-6
14.409-2.................................... 14.408-1 14.409-1
15.607(a)................................... 14.406 14.407
15.608(c)................................... 14.407-3 14.408-3
------------------------------------------------------------------------
PART 16--TYPES OF CONTRACTS
34. Section 16.506(c) is revised to read as follows:
16.506 Ordering.
* * * * *
(c) Orders may be placed by electronic commerce methods when
permitted under the contract.
* * * * *
PART 32--CONTRACTING FINANCING
35. Section 32.503-1(b) is revised to read as follows:
32.503-1 Contractor requests.
* * * * *
(b) Comply with the instructions appropriate to the applicable
form, and the contract terms; and
* * * * * [[Page 12388]]
PART 45--GOVERNMENT PROPERTY
36. Section 45.606-5 is amended by revising in paragraphs (b) (3)
and (4) to read as follows:
45.606-5 Instructions for preparing and submitting schedules of
contractor inventory.
* * * * *
(b) * * *
(3) The standard inventory schedule forms may be electronically
reproduced by contractors pursuant to 53.105, provided no change is
made to the name, content or sequence of the data elements. All
essential elements of data must be included and the form must be
signed.
(4) The appropriate continuation sheet shall be used when more
space is needed.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
37. Section 52.212-1 is amended by revising the date in the heading
of the clause and the fourth sentence in paragraph (b), and removing
``(R 7-104.92(b) 1974 APR)'', ``(R 1-1.316-5)'' and ``(R 1-1.316-
4(c))'' after ``(End of clause)'' to read as follows:
52.212-1 Time of Delivery.
* * * * *
TIME OF DELIVERY (DATE)
* * * * *
(b) * * * However, the Government will evaluate an offer that
proposes delivery based on the Contractor's date of receipt of the
contract or notice of award by adding (i) five calendar days for
delivery of the award though the ordinary mails, or (ii) one working
day if the solicitation states that the contract or notice of award
will be transmitted electronically. (The term ``working day''
excludes weekends and U.S. Federal holidays.) * * *
(End of clause)
* * * * *
38. Section 52.212-2 is amended by revising the date in the heading
of the clause and the fourth sentence in paragraph (b), and removing
``(R 7-104.92(c) 1974 APR)'', ``(R 1-1.316-5(c))'' and ``(R 1-1.316-
4(c))'' following ``(End of clause)'' to read as follows:
52.212-2 Desired and Required Time of Delivery.
* * * * *
DESIRED AND REQUIRED TIME OF DELIVERY (DATE)
* * * * *
(b) * * * However, the Government will evaluate an offer that
proposes delivery based on the Contractor's date of receipt of the
contract or notice of award by adding (i) five calendar days for
delivery of the award through the ordinary mails, or (ii) one
working day if the solicitation states that the contract or notice
of award will be transmitted electronically. (The term ``working
day'' excludes weekends and U.S. Federal holidays.) * * *
(End of clause)
* * * * *
39. Section 52.214-5 is amended by revising the date in the heading
of the provision and adding paragraph (d) to read as follows:
52.214-5 Submission of Bids.
* * * * *
SUBMISSION OF BIDS (DATE)
* * * * *
(d) Bids submitted by electronic commerce shall be considered
only if the electronic commerce method was specifically stipulated
or permitted by the solicitation.
40. Section 52.214-7 is amended by revising the date in the
provision heading, at the end of paragraph (a)(2) by removing ``or,''
at the end of paragraph (3) by removing the period and inserting ``;
or'' in its place, and adding paragraph (4) to read as follows:
52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.
* * * * *
LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (DATE)
(a) * * *
(4) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the government
not later than 5:00 PM, one working day prior to the date specified
for receipt of bids.
* * * * *
(End of provision)
41. Section 52.214-9 is amended by revising the introductory text,
the date in the heading of the provision, the second sentence of the
provision, and removing ``(R SF 33A, Para 6, 1978 JAN)'' after ``(End
of provision)'' to read as follows:
52.214-9 Failure to Submit Bid.
As prescribed in 14.201-6(e)(1), insert the following provision in
invitations for bids:
FAILURE TO SUBMIT BID (DATE)
* * * Instead, they should advise the issuing office by letter,
postcard, or established electronic commerce methods, whether they
want to receive future solicitations for similar requirements. * * *
(End of provision)
42. Section 52.214-23 is amended by revising the date in the
heading of the provision, at the end of paragraph (3) by removing the
period and adding ``or'' in its place, redesignating paragraph (4) as
(5), and adding a new paragraph (4) to read as follows:
52.214-23 Late Submissions, Modifications, and Withdrawals of
Technical Proposals Under Two-Step Sealed Bidding.
* * * * *
LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF TECHNICAL PROPOSALS
UNDER TWO-STEP SEALED BIDDING (DATE)
(a) * * *
(4) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government
not later than 5:00 PM one working day prior to the date specified
for receipt of technical proposals; or
* * * * *
43. Section 52.214-32 is amended by revising the date in the
heading of the provision and paragraph (a) to read as follows:
52.214-32 Late Submissions, Modifications, and Withdrawals of Bids
(Overseas).
* * * * *
LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (OVERSEAS)
(DATE)
(a) Any bid received at the office designated in the
solicitation after the exact time specified for receipt will not be
considered unless it is received before award is made and it--
(1) Was sent by mail or, if authorized by the solicitation, was
sent by telegram or via facsimile, and it is determined by the
Government that the late receipt was due solely to mishandling by
the Government after receipt at the Government installation; or
(2) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government
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.
* * * * *
44. Section 52.214-33 is amended by revising the date in the
heading of the provision, at the end of paragraph (a)(1) by removing
the word ``or'', redesignating paragraph (2) as (3), and adding a new
paragraph (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 (OVERSEAS) (DATE)
(a) * * *
(2) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government
not later than 5:00 p.m. one [[Page 12389]] working day prior to the
date specified for receipt of technical proposals. The term
``working day'' excludes weekends and U.S. Federal holidays; or
* * * * *
45. Section 52.215-9 is amended by revising the date in the
provision heading, redesignating paragraph (d) as (e), and adding a new
paragraph (d) to read as follows:
52.215-9 Submission of Offers.
* * * * *
SUBMISSION OF OFFERS (DATE)
* * * * *
(d) Offers submitted by electronic commerce shall be considered
only if the electronic commerce method was specifically stipulated
or permitted by the solicitation.
* * * * *
46. Section 52.215-10 is amended by revising the introductory text
and the date in the provision heading, at the end of (a)(3) by removing
the word ``or'', redesignating paragraph (4) as (5), and adding a new
paragraph (4) to read as follows:
52.215-10 Late Submissions, Modifications, and Withdrawals of
Proposals.
As prescribed in 15.407(c)(6), insert the following provision:
LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS (DATE)
(a) * * *
(4) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government
not later than 5:00 p.m. one working day prior to the date specified
for receipt of proposals; or
* * * * *
47. Section 52.215-15 is revised to read as follows:
52.215-15 Failure to Submit Offer.
As prescribed in 15.507(d)(3), insert the following provision:
FAILURE TO SUBMIT OFFER (DATE)
Recipients of this solicitation not responding with an offer
should not return this solicitation, unless it specifies otherwise.
Instead, they should advise the issuing office by letter, postcard,
or established electronic commerce methods, whether they want to
receive future solicitations for similar requirements. 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)
48. Section 52.215-36 is amended by revising the date in the
provision heading, at the end of paragraph (a)(1) by removing the word
``or'', redesignating paragraph (2) as (3), and adding a new paragraph
(2) to read as follows:
52.215-36 Late Submissions, Modifications, and Withdrawals of
Proposals (Overseas).
* * * * *
LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS
(OVERSEAS) (DATE)
(a) * * *
(2) Was transmitted through an electronic commerce method
authorized by the solicitation and was received by the Government
not later than 5:00 p.m. one working day prior to the date specified
for receipt of proposals; or
* * * * *
(End of provision)
52.223-3 [Amended]
49. Section 52.223-3, Alternate I, is amended by removing ``(NOV
1991)'' and inserting ``(DATE)'' in its place, and in the second
sentence of paragraph (i)(1) by removing the word ``mail'' and
inserting ``transmit'' in its place.
50. Section 52.242-12 is amended by revising the date in the clause
heading and everything after the first sentence of the clause to read
as follows:
52.242-12 Report of Shipment (REPSHIP).
* * * * *
REPORT OF SHIPMENT (REPSHIP) (DATE)
* * * The Government bill of lading, commercial bill of lading
or letter or other document that contains all of the following shall
be addressed and sent promptly to the receiving transportation
officer by United States mail or authorized electronic commerce
method.
(End of clause)
51. Section 52.242-13 is amended by revising the date in the clause
and the first sentence of the clause to read as follows:
52.242-13 Bankruptcy.
* * * * *
BANKRUPTCY (DATE)
In the event the Contractor enters into proceedings relating to
bankruptcy, whether voluntary or involuntary, the Contractor agrees
to furnish, by certified mail or electronic commerce method
authorized by the contract, written notification of the bankruptcy
to the Contracting Officer responsible for administering the
contract. * * *
52. Section 52.247-48 is amended by revising the introductory text,
the date in the clause heading, redesignating the introductory text of
the clause and paragraphs (a), (b), and (c) as (a), (1), (2), and (3),
respectively, adding new paragraph (b), and removing ``(R 7-104.76 1968
JUN)'' after ``(End of clause)'' to read as follows:
52.247-48 F.o.b. Destination--Evidence of Shipment.
As prescribed in 47.305-4(c), insert the following clause:
F.O.B. DESTINATION--EVIDENCE OF SHIPMENT (DATE)
* * * * *
(b) Electronic transmission of the information required by
paragraph (a) of this clause is acceptable.
(End of clause)
PART 53--FORMS
53. Section 53.105 is revised to read as follows:
53.105 Computer generation.
(a) Agencies may computer-generate the Standard and Optional Forms
prescribed in the FAR without exception approval (see 53.103),
provided:
(1) the form is in an electronic format that complies with Federal
Information Processing Standards, or
(2) there is no change to the name, content, or sequence of the
data elements, and the form carries the Standard or Optional Form
number and edition date.
(b) The forms prescribed by this regulation may be computer
generated by the public. Unless prohibited by agency regulations, forms
prescribed by agency FAR supplements may also be computer generated by
the public. Computer generated forms shall either comply with Federal
Information Processing Standards or shall retain the name, content, or
sequence of the data elements, and shall carry the Standard or Optional
Form or agency number and edition date (see 53.111).
[FR Doc. 95-4698 Filed 3-3-95; 8:45 am]
BILLING CODE 6820-34-M
