90238 Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 1. The authority citation for 48 CFR 

part 215 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 2. Revise and republish section 

215.305 to read as follows: 

215.305 Proposal evaluation. 

(a)(2) Past performance evaluation. 

(A) When a past performance evaluation 

is required by FAR 15.304, and the 

solicitation includes the clause at FAR 

52.219–8, Utilization of Small Business 

Concerns, the evaluation factors shall 

include the past performance of offerors 

in complying with requirements of that 

clause. When a past performance 

evaluation is required by FAR 15.304, 

and the solicitation includes the clause 

at FAR 52.219–9, Small Business 

Subcontracting Plan, the evaluation 

factors shall include the past 

performance of offerors in complying 

with requirements of that clause. 

(B) Contracting officers shall consider 

an offeror’s failure to make a good faith 

effort to comply with its comprehensive 

subcontracting plan under the Test 

Program described at 219.702–70 as part 

of the evaluation of the past 

performance. 

(C) When evaluating the past 

performance of an offeror that is a small 

business concern in response to a 

competitive solicitation, contracting 

officers shall consider relevant past 

performance information provided for 

affiliates of the offeror. 

[FR Doc. 2024–26055 Filed 11–14–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

[Docket DARS–2024–0001] 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: DoD is amending the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to make needed 

editorial changes. 

DATES: Effective November 15, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, Defense 

Acquisition Regulations System, 

telephone 703–717–8226. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS to make needed 

editorial changes to add a pointer to 

new text in DFARS Procedures, 

Guidance, and Information. 

List of Subjects in 48 CFR Part 225 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, the Defense Acquisition 

Regulations System amends 48 CFR part 

225 as follows: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 225 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 2. Add section 225.270 to subpart 

225.2 to read as follows: 

225.270 Energy savings service contracts. 

If construction and construction 

materials will be used during the 

performance of a contract for DoD 

energy savings service requirements, see 

PGI 225.270 for additional guidance. 

[FR Doc. 2024–26053 Filed 11–14–24; 8:45 am] 

BILLING CODE 6001–FR–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 501, 552, and 570 

[GSAR Case 2020–G512; Docket No. 2024– 

0010; Sequence No. 1] 

RIN 3090–AK22 

General Services Administration 

Acquisition Regulation; SAM 

Representation for Leases 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration is issuing this final rule 

amending the General Services 

Administration Acquisition Regulation 

(GSAR) to remove the requirement for 

lease offerors to have an active System 

for Award Management registration 

when submitting offers and instead 

allow offers up until the time of award 

to obtain an active registration. 

DATES: Effective December 16, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Michaela Mastroianni, Procurement 

Analyst, or Ms. Amy Lara, Procurement 

Analyst, at gsarpolicy@gsa.gov or 816– 

926–7172. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 

GSARegSec@gsa.gov or 202–501–4755. 

Please cite GSAR Case 2020–G512. 

SUPPLEMENTARY INFORMATION: 

I. Background 

GSA published a proposed rule in the 

Federal Register at 89 FR 21230 on 

March 27, 2024, to amend the GSAR to 

create a SAM registration provision 

specific for the acquisitions of leasehold 

interests in real property. This provision 

was prompted by the implementation of 

FAR Case 2015–005 (see 83 FR 48691), 

which clarified the timing of registration 

in the System for Award Management 

(SAM). Effective October 2018, this FAR 

case implemented the requirement for 

an offeror to be registered in SAM prior 

to the submission of an offer as opposed 

to the offerer being registered prior to 

award as was previously followed 

before the FAR change. While leasing of 

real property is not subject to the FAR, 

GSA prescribed FAR clause 52.204–7 in 

solicitations for the lease of real 

property. It found this FAR amendment 

had a significant effect on prospective 

GSA lessors. 

On February 12, 2020, GSA 

established a GSA specific version of 

the FAR clause to permit the completion 

of SAM representation for leases prior to 

award instead of prior to offer for 

leasing companies. GSA would 

therefore only require the apparent 

awardee to complete the SAM 

registration. This change will codify this 

provision in the GSAR. 

II. Discussion and Analysis 

A. Analysis of Public Comments 

GSA provided the public a 60-day 

comment period (March 27, 2024, to 

May 28, 2024). GSA did not receive any 

comments from the public. 

B. Summary of Changes 

Two editorial fixes were made: 

• GSA corrected the Office of 

Management and Budget (OMB) Control 

Number referenced in error in the 

proposed rule and included the OMB 

Control Number in GSAR 501.106 for 

this final rule. 

• The prescribed Alternate I 

(552.270–35) language was erroneously 

not included in the proposed rule. This 

language is now included. 

III. Expected Impact of the Rule 

There were no public comments 

received that are specific to the 


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Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations 90239 

economic impact statement of the rule. 

As such, the analysis remains the same 

as before. This rule is not expected to 

have a significant impact to Government 

or industry. This rule will reduce the 

burden on leasing companies by 

allowing offerors to complete SAM 

representation for leases prior to award 

instead of prior to offer. Completing 

SAM representations prior to offer for 

each property is time consuming for a 

leasing company and burdensome to 

effective competition. This will 

streamline the process and encourage 

competition, which will benefit the 

Government. 

IV. Executive Orders 12866, 13563 and 

14904 

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. E.O. 14094 Modernizing 

Regulatory Review (https://www.federal

register.gov/documents/2023/04/11/ 

2023-07760/modernizing-regulatoryreview) supplements and reaffirms the 

principles, structures, and definitions 

governing contemporary regulatory 

review established in E.O. 12866 and 

E.O. 13563. The Office of Information 

and Regulatory Affairs (OIRA) has 

determined this rule not to be a 

significant regulatory action and, 

therefore, is not subject to review under 

section 6(b) of E.O. 12866, Regulatory 

Planning and Review, dated September 

30, 1993. 

V. Congressional Review Act 

OIRA has determined this rule is not 

to be a ‘‘major rule’’ under 5 U.S.C. 

804(2). The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a ‘‘major rule’’ may take 

effect, the agency promulgating the rule 

must submit a rule report, which 

includes a copy of the rule, to each 

House of the Congress and to the 

Comptroller General of the United 

States. The General Services 

Administration will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. 

VI. Regulatory Flexibility Act 

GSA does not expect this rule to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S. 601, et seq. 

because it reduces the burden on small 

business entities by allowing offerors to 

complete SAM representation for leases 

prior to award instead of prior to offer, 

and does not implement new or 

changed requirements. However, a Final 

Regulatory Flexibility Analysis (FRFA) 

has been prepared consistent with 5 

U.S.C. 604. 

The Regulatory Secretariat will 

submit a copy of the FRFA to the Chief 

Counsel for Advocacy of the Small 

Business Administration. A copy of the 

FRFA may be obtained from the 

Regulatory Secretariat Division. 

The analysis is summarized as 

follows: 

GSA is amending the GSAR to permit the 

completion of the SAM representations at 

award instead of at offer for lease 

procurements. 

There were no comments submitted and 

therefore no significant issues raised by the 

public in response to the initial regulatory 

flexibility analysis. 

Two editorial fixes were made: 

• GSA corrected the OMB Control Number 

referenced in error in the proposed rule and 

included the OMB Control Number in GSAR 

501.106 for this final rule. 

• The prescribed Alternate I (552.270–35) 

language was erroneously not included in the 

proposed rule. This language is now 

included. 

The objective of the rule is to amend the 

GSAR to amend Part 552, Solicitation 

Provisions and Contract Clauses, of the GSAR 

by creating Subsection 552.270–35, System 

for Award Management—Leasing. 

Title 40 of the United States Code (U.S.C.) 

Section 121 authorizes GSA to issue 

regulations, including the GSAR, to control 

the relationship between GSA and 

contractors. 

GSA has approximately 8,000 leases in 

total. Approximately 70 percent of leasing 

entities were small entities. This information 

is based on internal inventory data sources. 

GSA does not expect this rule to have a 

significant economic impact on a substantial 

number of small business entities within the 

meaning of the Regulatory Flexibility Act, at 

5 U.S.C. 601. This rule reduces the burden 

on small business entities by allowing 

offerors to complete SAM representation for 

leases prior to award instead of prior to offer, 

and does not implement new or changed 

requirements. 

The rule involves reporting and 

recordkeeping that are currently covered 

under OMB Control Number 9000–0189, 

Certain Federal Acquisition Regulation Part 4 

Requirements. This rule does not include any 

new reporting, recordkeeping, or other 

compliance requirements for small business 

entities. 

This rule does not duplicate, overlap, or 

conflict with any other Federal rules. 

There are no known alternatives to this 

rule which would accomplish the stated 

objectives. This rule does not initiate or 

impose any new administrative or 

performance requirements on small business 

contractors. 

VII. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) does apply; however 

these changes to the GSAR do not 

impose additional information 

collection requirements to the 

paperwork burden previously approved 

under the Office of Management and 

Budget Control Number 9000–0189, 

Certain Federal Acquisition Regulation 

Part 4 Requirements. 

List of Subjects in 48 CFR Parts 501, 

552, and 570 

Government procurement. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of Governmentwide Policy, General Services Administration. 

Therefore, GSA is amending 48 CFR 

parts 501, 552, and 570 as set forth 

below: 

■ 1. The authority citation for 48 CFR 

parts 501, 552, and 570 continues to 

read as follows: 

Authority: 40 U.S.C. 121(c). 

PART 501—GENERAL SERVICES 

ADMINISTRATION ACQUISITION 

REGULATION SYSTEM 

■ 2. In section 501.106, amend table 1 

by adding in numerical order an entry 

for ‘‘552.270–35’’. 

The addition reads as follows: 

501.106 OMB Approval under the 

Paperwork Reduction Act. 

* * * * * 

TABLE 1 TO 501.106 

GSAR reference OMB 

control No. 

* * * * * 

552.270–35 ........................... 9000–0189 

* * * * * 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Add section 552.270–35 to read as 

follows: 


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90240 Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations 

552.270–35 System for Award 

Management—Leasing. 

As prescribed in 570.702, insert the 

following provision: 

System for Award Management— 

Leasing (12/2024) 

(a) Definitions. As used in this 

provision— 

Electronic Funds Transfer (EFT) 

indicator means a four-character suffix 

to the unique entity identifier. The 

suffix is assigned at the discretion of the 

commercial, nonprofit, or Government 

entity to establish additional System for 

Award Management records for 

identifying alternative EFT accounts 

(see subpart 32.11) for the same entity. 

Registered in the System for Award 

Management (SAM) means that— 

(i) The Offeror has entered all 

mandatory information, including the 

unique entity identifier and the EFT 

indicator, if applicable, the Commercial 

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 SAM; 

(ii) The Offeror has completed the 

Core, Assertions, Representations and 

Certifications, and Points of Contact 

sections of the registration in SAM; 

(iii) 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 

(iv) The Government has marked the 

record ‘‘Active’’. 

Unique entity identifier means a 

number or other identifier used to 

identify a specific commercial, 

nonprofit, or Government entity. See 

www.sam.gov for the designated entity 

for establishing unique entity 

identifiers. 

(b)(1) An Offeror is required to be 

registered in SAM at time of award, and 

shall maintain registration in SAM 

during contract performance, and 

through final payment of any contract, 

basic agreement, basic ordering 

agreement, or blanket purchasing 

agreement resulting from this 

solicitation. 

(2) The Offeror shall enter, in the 

block with its name and address on the 

cover page of its offer, the annotation 

‘‘Unique Entity Identifier’’ followed by 

the unique entity identifier that 

identifies the Offeror’s name and 

address exactly as stated in the offer. 

The Offeror also shall enter its EFT 

indicator, if applicable. The unique 

entity identifier will be used by the 

Contracting Officer to verify that the 

Offeror is registered in SAM. 

(c) If the Offeror does not have a 

unique entity identifier, it should 

contact the entity designated at 

www.sam.gov for establishment of the 

unique entity identifier directly to 

obtain one. The Offeror should be 

prepared to provide the following 

information: 

(1) Company legal business name. 

(2) Tradestyle, doing business, or 

other name by which the entity is 

commonly recognized. 

(3) Company physical street address, 

city, state, and Zip Code. 

(4) Company mailing address, city, 

state and Zip Code (if separate from 

physical). 

(5) Company telephone number. 

(6) Date the company was started. 

(7) Number of employees at your 

location. 

(8) Chief executive officer/key 

manager. 

(9) Line of business (industry). 

(10) Company headquarters name and 

address (reporting relationship within 

the entity). 

(d) 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. 

(e) Processing time should be taken 

into consideration when registering. 

Offerors who are not registered in SAM 

should consider applying for 

registration immediately upon receipt of 

the solicitation. See https://

www.sam.gov for information on 

registration. 

(End of provision) 

Alternate I (12/2024).As prescribed in 

570.702, substitute the following 

paragraph (b)(1) for paragraph (b)(1) of 

the basic provision: 

(b)(1) An Offeror is required to be 

registered in SAM as soon as possible. 

If registration is not possible prior to 

award, the Contractor shall be registered 

in SAM within 30 days after award or 

before three days prior to submission of 

the first invoice, whichever occurs first. 

PART 570—ACQUIRING LEASEHOLD 

INTERESTS IN REAL PROPERTY 

570.701 [Amended] 

■ 4. In section 570.701 amend the table 

in paragraph (a), in the second column, 

by removing the entry ‘‘52.204–7 

System for Award Management.’’ 

■ 5. Amend section 570.702 by adding 

in numerical order and entry for 

‘‘552.270–35’’ to read as follows: 

570.702 GSAR solicitation provisions. 

* * * * * 

552.270–35 System for Award 

Management—Leasing (in lieu of FAR 

52.204–7). 

Use Alternate I of the provision for 

procurements not providing for full and 

open competition due to unusual or 

compelling urgency. 

[FR Doc. 2024–25967 Filed 11–14–24; 8:45 am] 

BILLING CODE 6820–61–P 


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