[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Pages 70341-70342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27657]



[[Page 70341]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4, 14, 15, and 52

[FAC 2005-78; FAR Case 2014-001; Item I; Docket No. 2014-0001, Sequence 
No. 1]
RIN 9000-AM78


Federal Acquisition Regulation; Incorporating Section K in 
Contracts

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 standardize the incorporation 
by reference of representations and certifications in contracts.

DATES: Effective: December 26, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement 
Analyst, at (202) 501-1448, for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at 202-501-4755. Please cite FAC 2005-78, FAR 
Case 2014-001.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 78 FR 22615 on April 23, 2014, to revise the language at 
FAR subpart 4.12, Representations and Certifications, and add a new 
clause at FAR 52.204-19 to standardize the incorporation by reference 
of representations and certifications in contracts, regardless of which 
contract award form is used. FAR clause 52.212-4 has a new paragraph 
(v) to cover this issue for commercial items. One respondent submitted 
comments on the proposed rule.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the comments in the 
development of the final rule. A discussion of the comments and the 
changes made to the rule as a result of those comments are provided as 
follows:

A. Analysis of Changes

    One editorial change was made to the proposed rule as a result of 
the public comments.

B. Analysis of Public Comments

1. Edits
    Comment: The respondent recommended adding commas to the changes in 
FAR parts 14 and 15.
    Response: Instead of commas, the word ``see'' was added.
2. Out of Scope
    Comment: The respondent suggested revising the last sentence in the 
introductory paragraph of FAR 4.1202 (which will become 4.1202(a)) to 
include a reference to either 52.212-1 or 52.212-3.
    Response: No changes were made for the out-of-scope suggestion.
    Comment: The respondent suggested that the FAR matrix be revised to 
indicate that 52.204-6, 52.204-7, 52.204-13, and possibly, 52.204-12 
are not applicable to commercial items.
    Response: No changes were made for the out-of-scope suggestion.

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

    DoD, GSA, and NASA have prepared a Final Regulatory Flexibility 
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. The FRFA is summarized as follows:

    The objective of this final rule is to standardize the 
incorporation by reference of representations and certifications in 
contracts.
    No issues were raised by the public in response to the initial 
regulatory flexibility analysis. There are no reporting, 
recordkeeping, or other compliance requirements in the final rule. 
This final rule is an internal procedure requiring the contracting 
officer to acknowledge the small entity's representations and 
certifications by incorporating them by reference in the contract 
award document.
    This final rule does not revise or impact the existing 
representations and certifications submitted by small entities; 
therefore, this final rule should have no significant economic 
impact on a substantial number of small entities.

    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy 
of the FRFA to the Chief Counsel for Advocacy of the Small Business 
Administration.

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 4, 14, 15, and 52

    Government procurement.

    Dated: November 17, 2014.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 14, 15, and 52 
as set forth below:

0
1. The authority citation for 48 CFR parts 4, 14, 15, and 52 continues 
to read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 4--ADMINISTRATIVE MATTERS

0
2. Amend section 4.1200 by--
0
a. Removing from the end of paragraph (a) the word ``and'';
0
b. Removing from the end of paragraph (b) the period and adding ``; 
and'' in its place; and
0
c. Adding paragraph (c) to read as follows:


4.1200  Scope.

* * * * *
    (c) Incorporate by reference the contractor's representations and 
certifications in the awarded contract.

0
3. Amend section 4.1201 by adding paragraph (d) to read as follows:


4.1201  Policy.

* * * * *
    (d) The contracting officer shall incorporate the representations 
and certifications by reference in the contract (see 52.204-19, or for 
acquisitions of commercial items see 52.212-4(v)).

0
4. Amend section 4.1202 by--

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0
a. Redesignating paragraphs (a) through (cc) as paragraphs (a)(1) 
through (29), respectively;
0
b. Designating the introductory paragraph as paragraph (a); and
0
c. Adding a new paragraph (b) to read as follows:


4.1202  Solicitation provision and contract clause.

* * * * *
    (b) The contracting officer shall insert the clause at 52.204-19, 
Incorporation by Reference of Representations and Certifications, in 
solicitations and contracts.

PART 14--SEALED BIDDING

0
5. Amend section 14.201-1 by adding a sentence at the end of paragraph 
(c) to read as follows:


14.201-1  Uniform contract format.

* * * * *
    (c) * * * The representations and certifications shall be 
incorporated by reference in the contract by using 52.204-19 (see 
4.1202(b)) or for acquisitions of commercial items see 52.212-4(v).
* * * * *

PART 15--CONTRACTING BY NEGOTIATION

0
6. Amend section 15.204-1 by revising the last sentence of paragraph 
(b) to read as follows:


15.204-1  Uniform contract format.

* * * * *
    (b) * * * The representations and certifications are incorporated 
by reference in the contract by using 52.204-19 (see 4.1202(b)) or for 
acquisitions of commercial items see 52.212-4(v).
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.204-8  [Amended]

0
7. Amend section 52.204-8 by removing from the introductory text 
``4.1202'' and adding ``4.1202(a)'' in its place.

0
8. Add section 52.204-19 to read as follows:


52.204-19  Incorporation by Reference of Representations and 
Certifications.

    As prescribed in 4.1202(b), insert the following clause.

Incorporation by Reference of Representations and Certifications (DEC 
2014)

    The Contractor's representations and certifications, including 
those completed electronically via the System for Award Management 
(SAM), are incorporated by reference into the contract.

(End of clause)


0
9. Amend section 52.212-4 by revising the date of the clause; and 
adding paragraph (v) to read as follows:


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

* * * * *

Contract Terms And Conditions--Commercial Items (DEC 2014)

* * * * *
    (v) Incorporation by reference. The Contractor's representations 
and certifications, including those completed electronically via the 
System for Award Management (SAM), are incorporated by reference 
into the contract.
* * * * *
[FR Doc. 2014-27657 Filed 11-24-14; 8:45 am]
BILLING CODE 6820-EP-P