[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Rules and Regulations]
[Pages 187-189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33414]



[[Page 187]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 7, 9, 13, 18, 25, 26, and 52

[FAC 2005-55; FAR Case 2011-021; Item II; Docket 2011-0021, Sequence 1]
RIN 9000-AM14


Federal Acquisition Regulation; Transition to the System for 
Award Management (SAM)

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

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to update certain definitions and 
clauses pertaining to three procurement systems included in the 
Integrated Acquisition Environment--the Central Contractor Registration 
database, the Excluded Parties List System, and the Online 
Representations and Certifications Application. These three Integrated 
Acquisition Environment systems and the Disaster Response Registry will 
now be accessed through a single Web site.

DATES: Effective Date: February 2, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst, 
at (202) 501-0650, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at (202) 501-4755. Please cite FAC 2005-55, FAR Case 2011-
021.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Integrated Acquisition Environment (IAE) is an electronic-
Government initiative. The IAE is aggregating disparate Federal 
acquisition content, which is currently housed in numerous online 
systems, by providing one Web site for regulations, systems, resources, 
opportunities, and training. The Web site at https://www.acquisition.gov was designed to create an easily navigable resource 
that is both more efficient and transparent.
    The transition of the IAE to the new System for Award Management 
(SAM) architecture has begun. This effort will transition the Central 
Contractor Registration (CCR) database, the Excluded Parties List 
System (EPLS), and the Online Representations and Certifications 
Application (ORCA) to the new architecture. This case provides the 
first step in updating the FAR for these changes, and it updates the 
Web addresses present in the FAR for these systems as being accessible 
through https://www.acquisition.gov. This rule also amends the FAR to 
provide for accessing the Disaster Response Registry through https://www.acquisition.gov. As the transition to SAM progresses, future FAR 
cases are anticipated to change the current names of the systems to 
SAM, as well as to begin the transition of the remaining IAE systems.

II. FAR Changes

    This case makes the following administrative changes to the FAR:
     Deletes the definition at 2.101 for ``business partner 
network,'' which is no longer necessary in the SAM architecture.
     Deletes reference to ``business partner network'' at 
4.1100, Scope, which is no longer necessary in the SAM architecture.
     Revises the relevant database references shown throughout 
the FAR, to show the new Web site address at https://www.acquisition.gov. Databases include the CCR, EPLS, ORCA, and 
Disaster Response Registry.

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 FAR 1.501-1 and 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, 7, 9, 13, 18, 25, 26, and 52

    Government procurement.

    Dated: December 21, 2011.
Laura Auletta,
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, 7, 9, 13, 
18, 25, 26, and 52 as set forth below:

0
1. The authority citation for 48 CFR parts 2, 4, 7, 9, 13, 18, 25, 26, 
and 52 continues to read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 2--DEFINITIONS OF WORDS AND TERMS

0
2. Amend section 2.101, in paragraph (b)(2) by removing the definition 
``Business Partner Network (BPN)'' and revising the definitions 
``Disaster Response Registry'' and ``Online Representations and 
Certifications Application (ORCA)'' to read as follows:


2.101  Definitions.

* * * * *
    Disaster Response Registry means a voluntary registry of 
contractors who are willing to perform debris removal, distribution of 
supplies, reconstruction, and other disaster or emergency relief 
activities established in accordance with 6 U.S.C. 796, Registry of 
Disaster Response Contractors. The Registry contains information on 
contractors who are willing to perform disaster or emergency relief 
activities within the United States and its outlying areas. The 
Registry is accessed via https://www.acquisition.gov and alternately 
through the FEMA Web site at http://www.fema.gov/business/index.shtm. 
(See 26.205.)
* * * * *
    Online Representations and Certifications Application (ORCA) means 
the primary Government repository for contractor submitted 
representations and certifications required for the conduct of business 
with the Government. Access ORCA via https://www.acquisition.gov.
* * * * *

[[Page 188]]

PART 4--ADMINISTRATIVE MATTERS


4.1100  [Amended]

0
3. Amend section 4.1100 by removing from the introductory text ``, a 
part of the Business Partner Network (BPN)''.


4.1103  [Amended]

    4. Amend section 4.1103 by removing from paragraph (a)(2)(i) 
``http://www.ccr.gov'' and adding ``https://www.acquisition.gov'' in 
its place.


4.1104  [Amended]

0
5. Amend section 4.1104 by removing ``at www.ccr.gov'' and adding ``via 
https://www.acquisition.gov'' in its place.


4.1201  [Amended]

0
6. Amend section 4.1201 by removing from paragraph (a) ``http://orca.bpn.gov'' and adding ``ORCA accessed via https://www.acquisition.gov'' in its place.

PART 7--ACQUISITION PLANNING


7.103  [Amended]

0
7. Amend section 7.103 by removing from paragraph (y) ``at 
www.ccr.gov'' and adding ``via https://www.acquisition.gov'' in its 
place.

PART 9--CONTRACTOR QUALIFICATIONS


9.404  [Amended]

0
8. Amend section 9.404 by removing from paragraph (d) ``at http://epls.gov'' and adding ``via https://www.acquisition.gov'' in its place.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.102  [Amended]

0
9. Amend section 13.102 by removing from paragraph (a) ``at http://www.ccr.gov'' and adding ``via https://www.acquisition.gov'' in its 
place.

PART 18--EMERGENCY ACQUISITIONS

0
10. Revise section 18.102 to read as follows:


18.102  Central contractor registration.

    Contractors are not required to be registered in the Central 
Contractor Registration (CCR) database for contracts awarded to support 
unusual and compelling needs or emergency acquisitions. (See 4.1102). 
However, contractors are required to register with CCR 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 25--FOREIGN ACQUISITION


25.703-3  [Amended]

0
11. Amend section 25.703-3 in paragraph (a) by removing ``at https://www.epls.gov'' and adding ``via https://www.acquisition.gov'' in its 
place.

PART 26--OTHER SOCIOECONOMIC PROGRAMS


26.205  [Amended]

0
12. Amend section 26.205 by removing from paragraph (a) ``at 
www.ccr.gov'' and adding ``via https://www.acquisition.gov'' in its 
place; and by removing from paragraph (b) ``on the CCR Web page'' and 
adding ``, which can be accessed via https://www.acquisition.gov.'' in 
its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
13. Amend section 52.204-7 by revising the date of the clause; and 
removing from paragraph (h) ``the Internet at http://www.ccr.gov'' and 
adding ``CCR accessed through https://www.acquisition.gov'' in its 
place. The revised text reads as follows:


52.204-7  Central Contractor Registration.

* * * * *

Central Contractor Registration (FEB 2012)

* * * * *

0
14. Amend section 52.204-8 by revising the date of the provision; and 
removing from paragraph (d) ``at http://orca.bpn.gov'' and adding 
``accessed through https://www.acquisition.gov'' in its place. The 
revised text reads as follows:


52.204-8  Annual Representations and Certifications.

* * * * *

Annual Representations and Certifications (FEB 2012)

* * * * *

0
15. Amend section 52.204-10 by revising the date of the clause; and 
removing from paragraph (c)(2) ``at http://www.ccr.gov'' and adding 
``in the Central Contractor Registration (CCR) database via https://www.acquisition.gov'' in its place. 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 (FEB 
2012)

* * * * *

0
16. Amend section 52.209-7 by revising the date of the provision; and 
removing from paragraph (d) ``at http://www.ccr.gov'' and adding ``via 
https://www.acquisition.gov''. The revised text reads as follows:


52.209-7  Information Regarding Responsibility Matters.

* * * * *

Information Regarding Responsibility Matters (FEB 2012)

* * * * *

0
17. Amend section 52.209-9 by revising the date of the clause; and 
removing from paragraph (a) ``at http://www.ccr.gov'' and adding ``via 
https://www.acquisition.gov'' 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 (FEB 2012)

* * * * *

0
18. Amend section 52.212-1 by revising the date of the provision; and 
removing from paragraph (k) ``the Internet at http://www.ccr.gov'' and 
adding ``the CCR database accessed through https://www.acquisition.gov'' in its place. The revised text reads as follows:


52.212-1  Instructions to Offerors--Commercial Items.

* * * * *

Instructions to Offerors--Commercial Items (FEB 2012)

* * * * *

0
19. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing from the introductory paragraph ``at http://orca.bpn.gov'' 
and adding ``via https://www.acquisition.gov;'' in its place; and
0
c. Removing from paragraph (b)(2) ``at http://orca.bpn.gov'' and adding 
``accessed through https://www.acquisition.gov'' in its place; and 
removing from the last paragraph the word ``posted'' and adding 
``posted electronically'' in its place. The revised text reads as 
follows:

[[Page 189]]

52.212-3  Offeror Representations and Certifications--Commercial Items.

* * * * *

Offeror Representations and Certifications--Commercial Items (FEB 2012)

* * * * *

0
20. Amend section 52.212-4 by revising the date of the clause; and 
removing from paragraph (t)(4) ``via the Internet at http://www.ccr.gov'' and adding ``via CCR accessed through https://www.acquisition.gov'' in its place. The revised text reads as follows:


52.212-4  Contract Terms and Conditions--Commercial Items.

* * * * *

Contract Terms and Conditions--Commercial Items (FEB 2012)

* * * * *

[FR Doc. 2011-33414 Filed 12-30-11; 8:45 am]
BILLING CODE 6820-EP-P