12384 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules

52.246–24 Limitation of liability-high-value

items.

As prescribed in 46.805, insert the

following clause:

* * * * *

52.246–25 Limitation of liability-services.

As prescribed in 46.805, insert the

following clause:

* * * * *

112. Section 52.247–1 is amended by

adding the introductory paragraph and

removing paragraphs (a) and (b) to read

as follows:

52.247–1 Commercial bill of lading

notations.

As prescribed in 47.104–4, insert the

following clause:

* * * * *

52.247–64 [Amended]

113. In the clause at section 52.247–

64, the date is revised to read ‘‘(XXX

1995)’’; in paragraph (d) remove the

words ‘‘small purchases’’ and insert

‘‘contracts at or below the simplified

acquisition threshold’’ in their place;

and in paragraph (e)(1), remove the

words ‘‘Small purchases’’ and insert

‘‘Contracts at or below the simplified

acquisition threshold’’ in their place.

114. In sections 52.249–8, 52.249–9,

and 52.249–10 the introductory

paragraphs are revised to read as

follows:

52.249–8 Default (Fixed-price supply and

service).

As prescribed in 49.504(a)(1), insert

the following clause:

* * * * *

52.249–9 Default (Fixed-price research and

development).

As prescribed in 49.504(b), insert the

following clause:

* * * * *

52.249–10 Default (Fixed-price

construction).

As prescribed in 49.504(c)(1), insert

the following clause:

* * * * *

PART 53—FORMS

115. Section 53.213 is amended by

revising the heading, the introductory

paragraph, and paragraphs (a), (c), and

(e)(1) to read as follows:

53.213 Simplified acquisition procedures

(SF’s 18, 30, 44, 1165, OF’s 347, 348).

The following forms are prescribed as

stated below for use in simplified

acquisition procedures, orders under

existing contracts or agreements, and

orders from required sources of supplies

and services;

(a) SF 18 (Rev. 5/93), Request for

Quotations. SF 18 prescribed in 53.215–

1(a), shall be used in obtaining price,

cost, delivery, and related information

from suppliers as specified in 13.107(a).

* * * * *

(c) SF 44 (Rev. 10/83), Purchase Order

Invoice Voucher. SF 44 is prescribed for

use in simplified acquisition

procedures, as specified in 13.505–3.

* * * * *

(e) * * *

(1) To accomplish acquisitions under

simplified acquisition procedures, as

specified in 13.505–1(a)(2).

* * * * *

116. Section 53.215–1 is amended by

revising the introductory paragraph to

read as follows:

53.215–1 Solicitation and receipt of

proposals and quotations.

The following forms are prescribed, as

stated below, for use in contracting by

negotiation (except for construction,

architect-engineer services, or

acquisitions made using simplified

acquisition procedures):

* * * * *

[FR Doc. 95–5451 Filed 3–3–95; 8:45 am]

BILLING CODE 6820–34–P

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.

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
Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules 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
12386 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules

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.

* * * * *
Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules 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

14.406–2

14.407–3

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

* * * * *
12388 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules

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
Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules 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