12692 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Rules and Regulations

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 3 and

52

Government procurement.

Dated: March 7, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final Without

Change

Accordingly, the interim rule

amending 48 CFR Parts 3 and 52 which

was published at 61 FR 39199 on July

26, 1996, is adopted as a final rule

without change.

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

[FR Doc. 97–6310 Filed 3–14–97; 8:45 am]

BILLING CODE 6820–EP–P

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.

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:
Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Rules and Regulations 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

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 9, 35, and 37

[FAC 90–46; FAR Case 94–008; Item III]

RIN 9000–AG86

Federal Acquisition Regulation; Office

of Federal Procurement Policy Letter

93–1, Management Oversight of

Service Contracting

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.