[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]

[Rules and Regulations]

[Pages 42568-42569]

From the Federal Register Online via the Government Publishing Office [http://www.gpo.gov/]

[FR Doc No: 2018-17822]

[[Page 42567]]

Vol. 83

Wednesday,

No. 163

August 22, 2018

Part II

Department of Defense

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General Services Administration

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National Aeronautics and Space Administration

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48 CFR Chapter 1, et al.

Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 83 , No. 163 / Wednesday, August 22, 2018 /

Rules and Regulations

[[Page 42568]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2018-0001, Sequence No. 4]

Federal Acquisition Regulation: Federal Acquisition Circular

2005-100; Introduction

AGENCY: Department of Defense (DoD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of final rules.

-----------------------------------------------------------------------

SUMMARY: This document summarizes the Federal Acquisition Regulation

(FAR) rules agreed to by the Civilian Agency Acquisition Council and

the Defense Acquisition Regulations Council (Councils) in this Federal

Acquisition Circular (FAC) 2005-100. A companion document, the Small

Entity Compliance Guide (SECG), follows this FAC. The FAC, including

the SECG, is available via the internet at http://www.regulations.gov/.

DATES: For effective dates see the separate documents, which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the

table below in relation to the FAR case. Please cite FAC 2005-100 and

the specific FAR case number. For information pertaining to status or

publication schedules, contact the Regulatory Secretariat Division at

202-501-4755.

Rules Listed in FAC 2005-100

------------------------------------------------------------------------

Item Subject FAR case Analyst

------------------------------------------------------------------------

I........... Paid Sick Leave for 2017-001 Delgado.

Federal Contractors.

II.......... Non-Retaliation for 2016-007 Delgado.

Disclosure of

Compensation

Information.

III......... Technical Amendments....

------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the

actual revisions and/or amendments made by these rules, refer to the

specific item numbers and subjects set forth in the documents following

these item summaries. FAC 2005-100 amends the FAR as follows:

Item I--Paid Sick Leave for Federal Contractors (FAR Case 2017-001)

DoD, GSA, and NASA are converting to a final rule, without change,

an interim rule that amended the Federal Acquisition Regulation (FAR)

to implement Executive Order (E.O.) 13706 and a Department of Labor

final rule issued on September 30, 2016, both entitled Establishing

Paid Sick Leave for Federal Contractors. The rule requires contractors

to allow all employees performing work on or in connection with a

contract covered by the E.O. to accrue and use paid sick leave in

accordance with E.O. 13706 and 29 CFR part 13. Contracting officers

will include a clause in covered contracts. This FAR rule neither

increases nor decreases the cost of the interim rule (81 FR 91627),

which has been in effect since January 1, 2017.

Item II--Non-Retaliation for Disclosure of Compensation Information

(FAR Case 2016-007)

DoD, GSA, and NASA are converting to a final rule, without change,

an interim rule that amended the Federal Acquisition Regulation (FAR)

to implement Executive Order (E.O.) 13665, Non-Retaliation for

Disclosure of Compensation Information. E.O. 13665, signed April 8,

2014, amended E.O. 11246, Equal Opportunity in Federal Employment. The

interim FAR rule also implemented a final rule issued by the Office of

Federal Contract Compliance Programs (OFCCP) of the Department of

Labor, entitled Government Contractors, Prohibitions Against Pay

Secrecy Policies and Actions, which was published on September 11,

2015.

E.O. 11246, originally issued September 24, 1965, establishes

nondiscrimination and affirmative action obligations in employment for

Federal contractors and subcontractors. It prohibits employment

discrimination because of race, color, religion, sex, sexual

orientation, gender identity, and national origin. E.O. 13665 amends

E.O. 11246 and its Equal Opportunity Clause by incorporating, as a

covered prohibition, discriminating against employees and job

applicants who inquire about, discuss, or disclose the compensation of

the employee or applicant or another employee or applicant. Federal

contractors and subcontractors must disseminate this nondiscrimination

provision, using language prescribed by the Director of OFCCP,

including incorporating the provision into existing employee manuals or

handbooks and posting it. There is no significant impact on small

entities imposed by the FAR rule.

Item III--Technical Amendments

Editorial changes and updates to web links are made at FAR 2.101,

4.1603, 4.1702, 5.102, 5.201, 5.207, 5.704, 5.705, 6.305, 7.103, 7.105,

7.107-4, 8.405-6, 8.501, 8.602, 9.406-3, 9.407-3, 14.201-2, 16.505,

17.502-1, 18.205, 19.704, 19.1503, 22.001, 22.404-3, 22.1001, 22.1021,

22.1022, 22.1304, 23.202, 23.203, 23.205, 23.401, 23.405, 23.802,

25.003, 25.703-2, 28.106-1, 28.106-3, 28.203-3, 28.204-3, 31.205-6,

36.104, 36.700, 41.301, 49.602, 52.208-8, 52.212-1, 52.212-3, 52.212-5,

52.213-4, 52.219-9, 52.222-6, 52.222-8, 52.222-30, 52.222-31, 52.222-

32, 52.222-41, 52.222-43, 52.223-17, 52.225-5, 52.225-18, 52.225-25,

52.228-11, 52.243-1, 52.244-6, 53.000, 53.102, 53.209-1, 53.228, 53.249

and subpart 53.3.

Dated: July 31, 2018.

William F. Clark,

Director, Office of Government-wide Acquisition Policy, Office of

Acquisition Policy, Office of Government-wide Policy.

Federal Acquisition Circular (FAC) 2005-100 is issued under the

authority of the Secretary of Defense, the Administrator of General

Services, and the Administrator for the National Aeronautics and

Space Administration.

Unless otherwise specified, all Federal Acquisition Regulation

(FAR) and other directive material contained in FAC 2005-100 is

effective August 22, 2018.

[[Page 42569]]

Dated: August 1, 2018.

Shay D. Assad,

Director, Defense Pricing/Defense Procurement and Acquisition Policy.

Dated: August 14, 2018.

Jeffrey A. Koses,

Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,

U.S. General Services Administration.

Dated: August 2, 2018.

William G. Roets, II,

Acting Assistant Administrator, Office of Procurement, National

Aeronautics and Space Administration.

[FR Doc. 2018-17822 Filed 8-21-18; 8:45 am]

BILLING CODE 6820-EP-P

Federal Register, Volume 83 Issue 163 (Wednesday, August 22, 2018)

file:///C/...462C/Desktop/FAC/Federal%20Register,%20Volume%2083%20Issue%20163%20(Wednesday,%20August%2022,%202018).htm[8/22/2018 8:45:37 AM]

[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)] [Rules and Regulations] [Pages 42568-42569] From the Federal Register Online via the Government Publishing Office [http://www.gpo.gov/] [FR Doc No: 2018-17822]

[[Page 42567]] Vol. 83 Wednesday, No. 163 August 22, 2018 Part II

Department of Defense

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General Services Administration

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National Aeronautics and Space Administration

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48 CFR Chapter 1, et al.

Federal Acquisition Regulations; Final Rules Federal Register / Vol. 83 , No. 163 / Wednesday, August 22, 2018 / Rules and Regulations [[Page 42568]] ----------------------------------------------------------------------DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION

Federal Register, Volume 83 Issue 163 (Wednesday, August 22, 2018)

file:///C/...462C/Desktop/FAC/Federal%20Register,%20Volume%2083%20Issue%20163%20(Wednesday,%20August%2022,%202018).htm[8/22/2018 8:45:37 AM]

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket No. FAR 2018-0001, Sequence No. 4] Federal Acquisition Regulation: Federal Acquisition Circular 2005-100; Introduction AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Summary presentation of final rules. ----------------------------------------------------------------------SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-100. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the internet at http://www.regulations.gov/. DATES: For effective dates see the separate documents, which follow. FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the table below in relation to the FAR case. Please cite FAC 2005-100 and the specific FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Rules Listed in FAC 2005-100 ----------------------------------------------------------------------- Item Subject FAR case Analyst -----------------------------------------------------------------------I........... Paid Sick Leave for 2017-001 Delgado. Federal Contractors. II.......... Non-Retaliation for 2016-007 Delgado. Disclosure of Compensation Information. III......... Technical Amendments.... -----------------------------------------------------------------------SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these rules, refer to the specific item numbers and subjects set forth in the documents following these item summaries. FAC 2005-100 amends the FAR as follows: Item I--Paid Sick Leave for Federal Contractors (FAR Case 2017-001) DoD, GSA, and NASA are converting to a final rule, without change, an interim rule that amended the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13706 and a Department of Labor final rule issued on September 30, 2016, both entitled Establishing Paid Sick Leave for Federal Contractors. The rule requires contractors to allow all employees performing work on or in connection with a contract covered by the E.O. to accrue and use paid sick leave in accordance with E.O. 13706 and 29 CFR part 13. Contracting officers will include a clause in covered contracts. This FAR rule neither increases nor decreases the cost of the interim rule (81 FR 91627), which has been in effect since January 1, 2017. Item II--Non-Retaliation for Disclosure of Compensation Information (FAR Case 2016-007) DoD, GSA, and NASA are converting to a final rule, without change, an interim rule that amended the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13665, Non-Retaliation for Disclosure of Compensation Information. E.O. 13665, signed April 8, 2014, amended E.O. 11246, Equal Opportunity in Federal Employment. The interim FAR rule also implemented a final rule issued by the Office of Federal Contract Compliance Programs (OFCCP) of the Department of Labor, entitled Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions, which was published on September 11, 2015. E.O. 11246, originally issued September 24, 1965, establishes nondiscrimination and affirmative action obligations in employment for Federal contractors and subcontractors. It prohibits employment

Federal Register, Volume 83 Issue 163 (Wednesday, August 22, 2018)

file:///C/...462C/Desktop/FAC/Federal%20Register,%20Volume%2083%20Issue%20163%20(Wednesday,%20August%2022,%202018).htm[8/22/2018 8:45:37 AM]

discrimination because of race, color, religion, sex, sexual orientation, gender identity, and national origin. E.O. 13665 amends E.O. 11246 and its Equal Opportunity Clause by incorporating, as a covered prohibition, discriminating against employees and job applicants who inquire about, discuss, or disclose the compensation of the employee or applicant or another employee or applicant. Federal contractors and subcontractors must disseminate this nondiscrimination provision, using language prescribed by the Director of OFCCP, including incorporating the provision into existing employee manuals or handbooks and posting it. There is no significant impact on small entities imposed by the FAR rule. Item III--Technical Amendments Editorial changes and updates to web links are made at FAR 2.101, 4.1603, 4.1702, 5.102, 5.201, 5.207, 5.704, 5.705, 6.305, 7.103, 7.105, 7.107-4, 8.405-6, 8.501, 8.602, 9.406-3, 9.407-3, 14.201-2, 16.505, 17.502-1, 18.205, 19.704, 19.1503, 22.001, 22.404-3, 22.1001, 22.1021, 22.1022, 22.1304, 23.202, 23.203, 23.205, 23.401, 23.405, 23.802, 25.003, 25.703-2, 28.106-1, 28.106-3, 28.203-3, 28.204-3, 31.205-6, 36.104, 36.700, 41.301, 49.602, 52.208-8, 52.212-1, 52.212-3, 52.212-5, 52.213-4, 52.219-9, 52.222-6, 52.222-8, 52.222-30, 52.222-31, 52.22232, 52.222-41, 52.222-43, 52.223-17, 52.225-5, 52.225-18, 52.225-25, 52.228-11, 52.243-1, 52.244-6, 53.000, 53.102, 53.209-1, 53.228, 53.249 and subpart 53.3. Dated: July 31, 2018. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Federal Acquisition Circular (FAC) 2005-100 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005-100 is effective August 22, 2018.

[[Page 42569]] Dated: August 1, 2018. Shay D. Assad, Director, Defense Pricing/Defense Procurement and Acquisition Policy. Dated: August 14, 2018. Jeffrey A. Koses, Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, U.S. General Services Administration. Dated: August 2, 2018. William G. Roets, II, Acting Assistant Administrator, Office of Procurement, National Aeronautics and Space Administration. [FR Doc. 2018-17822 Filed 8-21-18; 8:45 am] BILLING CODE 6820-EP-P

Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]

[Rules and Regulations]

[Pages 42570-42571]

From the Federal Register Online via the Government Publishing Office [http://www.gpo.gov/]

[FR Doc No: 2018-17826]

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 22, and 52

[FAC 2005-100; FAR Case 2016-007; Item II; Docket No. 2016-0007;

Sequence No. 1]

RIN 9000-AN10

Federal Acquisition Regulation: Non-Retaliation for Disclosure of

Compensation Information

AGENCY: Department of Defense (DoD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA, and NASA adopted as final, without change, an

interim rule amending the Federal Acquisition Regulation (FAR) to

implement Executive Order (E.O.), Non-Retaliation for Disclosure of

Compensation Information. The interim rule also implemented a final

rule issued by the Department of Labor.

DATES: Effective: August 22, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement

Analyst, at 202-969-7207 for clarification of content. For information

pertaining to status or publication schedules, contact the Regulatory

Secretariat Division at 202-501-4755. Please cite FAC 2005-100, FAR

Case 2016-007.

SUPPLEMENTARY INFORMATION:

I. Background

DoD, GSA, and NASA published an interim rule in the Federal

Register at 81 FR 67732 on September 30, 2016, to implement E.O. 13665,

Non-retaliation for Disclosure of Compensation Information. The E.O.

was signed April 8, 2014, and was published in the Federal Register at

79 FR 20749 on April 11, 2014. E.O. 13665 amends E.O. 11246 to provide

for a uniform policy for the Federal Government to prohibit Federal

contractors from discriminating against employees and job applicants

who inquire about, discuss, or disclose their own compensation or the

compensation of other employees or applicants. The interim FAR rule

also implemented the final rule issued by the Office of Federal

Contract Compliance Programs (OFCCP) of the Department of Labor (DOL)

to implement E.O. 13665. The DOL final rule, entitled ``Government

Contractors, Prohibitions Against Pay Secrecy Policies and Actions'',

was published in the Federal Register at 80 FR 54934, on September 11,

2015. The DOL rule revises 41 CFR part 60-1. Two respondents submitted

comments on the interim FAR rule.

II. Discussion and Analysis

The Civilian Agency Acquisition Council and the Defense Acquisition

Regulations Council (the Councils) reviewed the public comments in the

development of the final rule. A discussion of the comments is provided

as follows:

A. Summary of Significant Changes

There are no changes to the interim rule.

B. Analysis of Public Comments

Comment: Both respondents strongly supported the interim FAR rule.

Both respondents stated that the interim rule is necessary to bring an

end to pay secrecy policies and practices that perpetuate

discrimination, including the

[[Page 42571]]

gender pay gap. The respondents also presented rationale as to why the

interim rule will benefit businesses, individual workers, and the

economy.

Response: Noted.

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, Improving Regulation and Regulatory Review, 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. Executive Order 13771

This rule is not subject to E.O. 13771, Reducing Regulation and

Controlling Regulatory Costs, because this rule is not a significant

regulatory action under E.O. 12866.

V. 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:

DoD, GSA, and NASA are converting to a final rule, without

change, an interim rule that amended the Federal Acquisition

Regulation (FAR) to implement Executive Order (E.O.) 13665, Non-

Retaliation for Disclosure of Compensation Information. E.O. 13665

amended E.O. 11246, Equal Opportunity in Federal Employment. The

interim rule also implemented a final rule issued by the Department

of Labor (DOL) at 41 CFR part 60-1, published in the Federal

Register at 80 FR 54934, on September 11, 2015.

The objective of this rule is to provide for a uniform policy

for the Federal Government to prohibit Federal contractors from

discriminating against employees and job applicants who inquire

about, discuss, or disclose their own compensation or the

compensation of other employees or applicants.

No public comments were received in response to the initial

regulatory flexibility analysis.

The rule will apply to all entities, both small and other than

small. Based on the most current System for Award Management data

available, defining small as fewer than 500 employees, then there

are 328,552 small contractor firms. Defining small as firms with

less than $35.5 million in revenue, then there are 315,902 small

contractor firms. Thus, the total number of small contractor firms

that may be impacted by the rule range from 315,902 to 328,552.

Recordkeeping and reporting requirements of the interim rule

involved regulatory familiarization and administrative costs

associated with incorporating revised language into policies,

instructions, notices to employees, and subcontracts. In

implementing the additional prohibition, the interim rule required

that contractors and subcontractors disseminate the

nondiscrimination provision, using language prescribed by the

Director of the Office of Federal Contract Compliance Programs

(OFCCP), including incorporating the nondiscrimination provision

into existing employee manuals and handbooks and posting it

electronically or in conspicuous places available to employees and

applicants. An analysis of estimated costs of the regulatory changes

was performed in the DOL final rule published in the Federal

Register at 80 FR 54934, on September 11, 2015. However, this final

rule does not have any impact on small entities, because the interim

rule has already been in effect since September 30, 2016, and the

final rule does not make any changes to the interim rule.

DoD, GSA, and NASA are not aware of any significant alternatives

to the rule that would accomplish the stated objectives of the E.O.

and the DOL implementing regulations.

It is necessary for the rule to apply to small entities, because

E.O. 11246, as amended, applies to all contracts above $10,000 that

are not completely exempted. Every effort has been made to minimize

the burdens imposed.

Interested parties may obtain a copy of the FRFA from the

Regulatory Secretariat Division. The Regulatory Secretariat Division

has submitted a copy of the FRFA to the Chief Counsel for Advocacy of

the Small Business Administration.

VI. Paperwork Reduction Act

The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply;

however, the information collection authorization is under the DOL

final rule issued by the OFCCP of the DOL, which was published in the

Federal Register at 80 FR 54934, on September 11, 2015, entitled

``Government Contractors, Prohibitions Against Pay Secrecy Policies and

Actions'', and is assigned Office of Management and Budget (OMB)

Control Number 1250-0008. This information collection expires December

31, 2018. The other information collection requirements cited at 1.106

that apply to FAR clause 52.222-26, assigned OMB control numbers 1250-

0001 and 1250-0003, cover the general recordkeeping provisions of the

laws administered by OFCCP.

List of Subjects in 48 CFR Parts 1, 22, and 52

Government procurement.

Dated: July 31, 2018.

William F. Clark,

Director, Office of Government-wide Acquisition Policy, Office of

Acquisition Policy, Office of Government-wide Policy.

Interim Rule Adopted as Final Without Change

0

Accordingly, the interim rule amending 48 CFR parts 1, 22, and 52,

which was published in the Federal Register at 81 FR 67732 on September

30, 2016, is adopted as a final rule without change.

[FR Doc. 2018-17826 Filed 8-21-18; 8:45 am]

BILLING CODE 6820-EP-P

Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]

[Rules and Regulations]

[Pages 42569-42570]

From the Federal Register Online via the Government Publishing Office [http://www.gpo.gov/]

[FR Doc No: 2018-17824]

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 11, 22, and 52

[FAC 2005-100; FAR Case 2017-001, Item I; Docket No. 2017-0001;

Sequence No. 1]

RIN 9000-AN27

Federal Acquisition Regulation; Paid Sick Leave for Federal

Contractors

AGENCY: Department of Defense (DoD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA, and NASA are adopting as final, without change, an

interim rule amending the Federal Acquisition Regulation (FAR) to

implement the Executive Order (E.O.), Establishing Paid Sick Leave for

Federal Contractors. The interim rule also implemented a final rule

issued by the Department of Labor.

DATES: Effective: August 22, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement

Analyst, at 202-969-7207 for clarification of content. For information

pertaining to status or publication schedules, contact the Regulatory

Secretariat Division at 202-501-4755. Please cite FAC 2005-100, FAR

Case 2017-001.

SUPPLEMENTARY INFORMATION:

I. Background

DoD, GSA, and NASA published an interim rule in the Federal

Register at 81 FR 91627 on December 16, 2016, to implement E.O. 13706,

Establishing Paid Sick Leave for Federal Contractors. The E.O. was

signed September 7, 2015, and was published in the Federal Register at

80 FR 54697 on September 10, 2015. The E.O. seeks to increase

efficiency and cost savings in the work performed by parties who

contract with the Federal Government by ensuring that employees on

those contracts can earn up to 7 days or more of paid sick leave

annually, including paid sick leave for family care. The interim FAR

rule also implemented the final rule issued by the Wage and Hour

Division of the Department of Labor (DOL) to implement E.O. 13706. The

DOL final rule, entitled ``Establishing Paid Sick Leave for Federal

Contractors'', was published in the Federal Register at 81 FR 67598 on

September 30, 2016. Seven respondents submitted comments on the interim

FAR 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 is provided

as follows:

A. Summary of Significant Changes

There are no changes to the interim rule.

B. Analysis of Public Comments

Comment: Six respondents strongly supported the interim FAR rule.

The respondents stated that the interim rule is necessary to guarantee

more workers the job and economic security that paid sick days provide,

reduce workplace contagion, and increase productivity and retention.

The respondents also presented rationale as to why the interim rule

will benefit businesses, individual workers, taxpayers, and the

economy.

Response: Noted.

Comment: One respondent provided a scenario and asked whether in

that instance the contract was subject to the requirements of this FAR

rule. The respondent described a contract action extending the term of

the contract by exercising an option adjusting the price for

escalations in labor rates.

Response: According to DOL (see Notice of Proposed Rulemaking, 81

FR 9592, published February 25, 2016), unilateral exercise of a

contract option that has pre-negotiated prices that are subject to

adjustment due to escalation in labor rates is not a new contract

covered by E.O. 13706, as implemented in the DOL rule and FAR rule, as

long as no bilateral negotiations occur (other than any necessary to

determine and effectuate those pricing adjustments).

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, Improving Regulation and Regulatory Review, 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. Executive Order 13771

This rule is not subject to E.O. 13771, Reducing Regulation and

Controlling Regulatory Costs, because this rule is not a significant

regulatory action under E.O. 12866.

V. 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:

DoD, GSA, and NASA are converting to a final rule, without

change, an interim rule that amended the Federal Acquisition

Regulation (FAR) to implement Executive Order (E.O.) 13706,

Establishing Paid Sick Leave for Federal Contractors, dated

September 7, 2015, and associated Department of Labor (DOL)

regulatory requirements at 29 CFR part 13. DOL published a final

regulatory flexibility analysis in their final rule (81 FR 67598 at

67703).

The FAR rule established requirements for contractors under

contracts containing the clauses at FAR 52.222-6, Construction Wage

Rate Requirements, or FAR 52.222-41, Service Contract Labor

Standards, i.e., ``covered contracts,'' to allow employees to accrue

and use paid sick leave in accordance with E.O. 13706 and 29 CFR

part 13. Contractors must also include a paid sick leave contract

clause in covered subcontracts and require covered subcontractors to

include the substance of the clause in covered lower-tier contracts.

No public comments were received in response to the initial

regulatory flexibility analysis.

This rule applies to contracts and subcontracts at all tiers

covered by the Service Contract Labor Standards statute, or the Wage

Rate Requirements (Construction) statute, which require performance

in whole or in part within the United States. For procurement

contracts where employees' wages are governed by the Fair Labor

[[Page 42570]]

Standards Act, this rule applies when the contract exceeds the

micro-purchase threshold, as defined in FAR 2.101. When performance

is in part within and in part outside the United States, the rule

applies to the part of the contract or subcontract performed within

the United States. Data available through the Federal Procurement

Data System (FPDS) for Fiscal Year 2015, reveals contracts were

awarded to 18,874 unique small business vendors for services, which

contained the FAR clause at 52.222-41, Service Contract Labor

Standards. Additionally, contracts were awarded to 6,753 unique

small business vendors for construction, which contained the FAR

clause at 52.222-6, Construction Wage Rate Requirements, for a total

of 25,627 unique small businesses.

The DOL final rule identifies records to be kept by all firms,

including small entities (29 CFR 13.25). Some records are already

required under the Fair Labor Standards Act, Service Contract Labor

Standards statute, the Wage Rate Requirements (Construction)

statute, and their governing regulations. DOL noted in their final

rule (81 FR 67598 at 67669) that OMB assigned control number 1235-

0029 for the recordkeeping requirements related to paid sick leave.

The information collection requirement under 1235-0029 includes

recordkeeping and regulatory familiarization.

Regarding initial implementation, DOL assumed firms that need to

create a sick leave policy will each spend 10 hours of time

developing this policy, regardless of the number of employees, and

firms with a program in place will spend one hour, regardless of the

number of employees. DOL also stated in its final rule that

``Transfers from small contractors and costs to small contractors in

Year 1 are less than 0.02 percent of revenues on average and are no

more than 0.17 percent in any industry''. Therefore, according to

DOL its final rule would not have a significant impact on small

businesses. This FAR rule finalizes the interim rule without change

and neither increases nor decreases the cost of the interim rule (81

FR 91627), which has been in effect since January 1, 2017.

There are no known significant alternatives to the rule that

would accomplish the stated objectives of the E.O. and DOL

regulation. In its final rule, DOL introduced several changes and

clarifications that may ease the compliance burden. For instance,

DOL provided greater detail and clarity about how companies with

paid time off policies can use those policies to satisfy their

obligations under the E.O. In addition, if a collective bargaining

agreement (CBA) ratified before September 30, 2016, applies to an

employee's work performed on or in connection with a covered

contract and provides at least 56 hours of paid sick time each year,

the employee will be exempted from the requirements of the E.O. and

29 CFR part 13 until CBA termination or January 1, 2020, whichever

is earlier.

The rule was also modified to allow employers to meet the

requirements of this rule through multiemployer plans or other

funds, plans, or programs. This may ease the burden for those

employers in industries with transitory or mobile workforces.

Interested parties may obtain a copy of the FRFA from the

Regulatory Secretariat Division. The Regulatory Secretariat Division

has submitted a copy of the FRFA to the Chief Counsel for Advocacy of

the Small Business Administration.

VI. Paperwork Reduction Act

The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies.

However, the information collection requirements to the paperwork

burden were previously approved for the DOL regulations under OMB

Control Numbers 1235-0018, Records to be kept by Employers--Fair Labor

Standards Act, 1235-0021, Employment Information Form, and 1235-0029,

Government Contractor Paid Sick Leave.

List of Subjects in 48 CFR Parts 1, 11, 22, and 52

Government procurement.

Dated: July 31, 2018.

William F. Clark,

Director, Office of Government-wide Acquisition Policy, Office of

Acquisition Policy, Office of Government-wide Policy.

Interim Rule Adopted as Final Without Change

0

Accordingly, the interim rule amending 48 CFR parts 1, 11, 22, and 52

which was published in the Federal Register at 81 FR 91627 on December

16, 2016, is adopted as a final rule without change.

[FR Doc. 2018-17824 Filed 8-21-18; 8:45 am]

BILLING CODE 6820-EP-P

Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]

[Rules and Regulations]

[Page 42579]

From the Federal Register Online via the Government Publishing Office [http://www.gpo.gov/]

[FR Doc No: 2018-17838]

[[Page 42579]]

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2018-0001, Sequence No. 4]

Federal Acquisition Regulation: Federal Acquisition Circular

2005-100; Small Entity Compliance Guide

AGENCY: Department of Defense (DoD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Small Entity Compliance Guide.

-----------------------------------------------------------------------

SUMMARY: This document is issued under the joint authority of DoD, GSA,

and NASA. This Small Entity Compliance Guide has been prepared

consistent with section 212 of the Small Business Regulatory

Enforcement Fairness Act of 1996. It consists of a summary of the rules

appearing in Federal Acquisition Circular (FAC) 2005-100, which amends

the Federal Acquisition Regulation (FAR). An asterisk (*) next to a

rule indicates that a regulatory flexibility analysis has been

prepared. Interested parties may obtain further information regarding

these rules by referring to FAC 2005-100, which precedes this document.

These documents are also available via the internet at http://www.regulations.gov/.

DATES: August 22, 2018.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact

the analyst whose name appears in the table below. Please cite FAC

2005-100 and the FAR case number. For information pertaining to status

or publication schedules, contact the Regulatory Secretariat Division

at 202-501-4755.

Rules Listed in FAC 2005-100

----------------------------------------------------------------------------------------------------------------

Item Subject FAR case Analyst

----------------------------------------------------------------------------------------------------------------

*I................................ Paid Sick Leave for 2017-001................ Delgado.

Federal Contractors.

*II............................... Non-Retaliation for 2016-007................ Delgado.

Disclosure of

Compensation Information.

III............................... Technical Amendments...... ........................ ......................

----------------------------------------------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the

actual revisions and/or amendments made by these rules, refer to the

specific item numbers and subjects set forth in the documents following

these item summaries. FAC 2005-100 amends the FAR as follows:

Item I--Paid Sick Leave for Federal Contractors (FAR Case 2017-001)

DoD, GSA, and NASA are converting to a final rule, without change,

an interim rule that amended the Federal Acquisition Regulation (FAR)

to implement Executive Order (E.O.) 13706 and a Department of Labor

final rule issued on September 30, 2016, both entitled Establishing

Paid Sick Leave for Federal Contractors. The rule requires contractors

to allow all employees performing work on or in connection with a

contract covered by the E.O. to accrue and use paid sick leave in

accordance with E.O. 13706 and 29 CFR part 13. Contracting officers

will include a clause in covered contracts. This FAR rule neither

increases nor decreases the cost of the interim rule (81 FR 91627),

which has been in effect since January 1, 2017.

Item II--Non-Retaliation for Disclosure of Compensation Information

(FAR Case 2016-007)

DoD, GSA, and NASA are converting to a final rule, without change,

an interim rule that amended the Federal Acquisition Regulation (FAR)

to implement Executive Order (E.O.) 13665, Non-Retaliation for

Disclosure of Compensation Information. E.O. 13665, signed April 8,

2014, amended E.O. 11246, Equal Opportunity in Federal Employment. The

interim FAR rule also implemented a final rule issued by the Office of

Federal Contract Compliance Programs (OFCCP) of the Department of

Labor, entitled Government Contractors, Prohibitions Against Pay

Secrecy Policies and Actions, which was published on September 11,

2015.

E.O. 11246, originally issued September 24, 1965, establishes

nondiscrimination and affirmative action obligations in employment for

Federal contractors and subcontractors. It prohibits employment

discrimination because of race, color, religion, sex, sexual

orientation, gender identity, and national origin. E.O. 13665 amends

E.O. 11246 and its Equal Opportunity Clause by incorporating, as a

covered prohibition, discriminating against employees and job

applicants who inquire about, discuss, or disclose the compensation of

the employee or applicant or another employee or applicant. Federal

contractors and subcontractors must disseminate this nondiscrimination

provision, using language prescribed by the Director of OFCCP,

including incorporating the provision into existing employee manuals or

handbooks and posting it. There is no significant impact on small

entities imposed by the FAR rule.

Item III--Technical Amendments

Editorial changes and updates to web links are made at FAR 2.101,

4.1603, 4.1702, 5.102, 5.201, 5.207, 5.704, 5.705, 6.305, 7.103, 7.105,

7.107-4, 8.405-6, 8.501, 8.602, 9.406-3, 9.407-3, 14.201-2, 16.505,

17.502-1, 18.205, 19.704, 19.1503, 22.001, 22.404-3, 22.1001, 22.1021,

22.1022, 22.1304, 23.202, 23.203, 23.205, 23.401, 23.405, 23.802,

25.003, 25.703-2, 28.106-1, 28.106-3, 28.203-3, 28.204-3, 31.205-6,

36.104, 36.700, 41.301, 49.602, 52.208-8, 52.212-1, 52.212-3, 52.212-5,

52.213-4, 52.219-9, 52.222-6, 52.222-8, 52.222-30, 52.222-31, 52.222-

32, 52.222-41, 52.222-43, 52.223-17, 52.225-5, 52.225-18, 52.225-25,

52.228-11, 52.243-1, 52.244-6, 53.000, 53.102, 53.209-1, 53.228, 53.249

and subpart 53.3.

Dated: July 31, 2018.

William F. Clark,

Director, Office of Government-wide Acquisition Policy, Office of

Acquisition Policy, Office of Government-wide Policy.

[FR Doc. 2018-17838 Filed 8-21-18; 8:45 am]

BILLING CODE 6820-EP-P

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

ACTION: Final rule.

SUMMARY: This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes and to update web links.

DATES: Effective: [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER.]

FOR FURTHER INFORMATION CONTACT: Ms. Lois Mandell, Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202-501-4755. Please cite FAC 2005-100, Technical Amendments.

SUPPLEMENTARY INFORMATION:

In order to update certain elements in 48 CFR parts 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23, 25, 28, 31, 36, 41, 49, 52, and 53 this document makes editorial changes to the FAR.

List of Subjects in 48 CFR parts 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23, 25, 28, 31, 36, 41, 49, 52, and 53

Government procurement.

Dated:

William F. Clark,

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 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23, 25, 28, 31, 36, 41, 49, 52, and 53 as set forth below:

1. The authority citation for 48 CFR parts 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, 18, 19, 22, 23, 25, 28, 31, 36, 41, 49, 52, and 53 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 2—DEFINITIONS OF WORDS AND TERMS

2. Amend section 2.101, in paragraph (b)(2) by—

a. Removing from the definition “Disaster Response Registry” “https://www.acquisition.gov and alternately through the FEMA Web site at http://www.fema.gov/business/index.shtm. (See 26.205.)” and adding “the Internet at https://www.sam.gov, Search Records, Advanced Search, Disaster Response Registry Search. (See 26.205.)” in its place; and

b. Removing from the definition “Governmentwide point of entry (GPE)” “http://www.fedbizopps.gov” and adding “https://www.fbo.gov” in its place.

PART 4—ADMINISTRATIVE MATTERS

3. Amend section 4.1603 by revising paragraphs (b) introductory text, (b)(1), and (b)(2) introductory text to read as follows:

4.1603 Procedures.

* * * * *

(b) Elements of a supplementary PIID. Use the supplementary PIID to identify amendments to solicitations and modifications to contracts, orders, and agreements. The supplementary PIID is reported as a separate data element used in conjunction with, but not appended to, the PIID.

(1) Amendments to solicitations. Number amendments to solicitations sequentially using a four position numeric serial number in addition to the 13-17 character PIID beginning with 0001.

(2) Modifications to contracts, orders, and agreements. Number modifications to contracts, orders, and agreements using a six position alpha or numeric, or a combination thereof, in addition to the 13-17 character PIID. For example, a modification could be numbered P00001. This would be in addition to the 13-17 character PIID illustrated in (a)(5) of this section.

* * * * *

4.1702 [Amended]

4. Amend section 4.1702 by removing from paragraph (b) “http://www.whitehouse.gov/omb/procurement-service-contract-inventories” and adding “https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/procurement/memo/service-contract-inventory-guidance.pdf” in its place.

PART 5—PUBLICIZING CONTRACT ACTIONS

5.102 [Amended]

5. Amend section 5.102 by removing from paragraph (a)(1) “http://www.fedbizopps.gov” and adding “https://www.fbo.gov” in its place.

5.201 [Amended]

6. Amend section 5.201 by removing from paragraph (d) “http://www.fedbizopps.gov” and adding “https://www.fbo.gov” in its place.

5.207 [Amended]

7. Amend section 5.207 by removing from paragraphs (b), (c)(19), and (e) “http://www.fedbizopps.gov” and adding “https://www.fbo.gov” in their places, respectively.

5.704 [Amended]

8. Amend section 5.704 by removing from paragraph (b) “http://www.fedbizopps.gov” and adding “https://www.fbo.gov” in its place.

5.705 [Amended]

9. Amend section 5.705 by removing from paragraphs (a)(2) and (c) “https://www.fedbizopps.gov” and adding “https://www.fbo.gov” in their places, respectively.

PART 6—COMPETITION REQUIREMENTS

6.305 [Amended]

10. Amend section 6.305 by removing from paragraph (d)(1) “www.fedbizopps.gov” and adding “https://www.fbo.gov” in its place.

PART 7—ACQUISITION PLANNING

7.103 [Amended]

11. Amend section 7.103 by removing from paragraph (p)(3) “http://www.wbdg.org/pdfs/hpsb_guidance.pdf” and adding “https://www.epa.gov/greeningepa/guiding-principles-federal-leadership-high-performance-and-sustainable-buildings” in its place.

7.105 [Amended]

12. Amend section 7.105 by removing from paragraph (b)(16) “http://www.fedbizopps.gov” and adding “https://www.fbo.gov” in its place.

7.107-4 [Amended]

13. Amend section 7.107-4(a)(1) by removing “contract task” and adding “contract or task” in its place.

PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES

8.405-6 [Amended]

14. Amend section 8.405-6 by removing from paragraph (a)(2)(i)(B)(1) “http://www.fedbizopps.gov” and adding “https://www.fbo.gov” in its place.

8.501 [Amended]

15. Amend section 8.501 in the definition “Federal helium supplier” by removing “http://blm.gov/8pjd” and adding “https://www.blm.gov/programs/energy-and-minerals/helium/partners” in its place.

8.602 [Amended]

16. Amend section 8.602 by removing from paragraphs (a)(4)(ii)(A) and (B) “FedBizOpps” and adding “FedBizOpps, also known as FBO” in their places, respectively.

PART 9—CONTRACTOR QUALIFICATIONS

9.406-3 [Amended]

17. Amend section 9.406-3 by removing from paragraph (f)(1) “www.cpars.csd.disa.mil” and adding “https://www.cpars.gov” in its place.

9.407-3 [Amended]

18. Amend section 9.407-3 by removing from paragraph (e)(1) “www.cpars.csd.disa.mil” and adding “https://www.cpars.gov” in its place.

PART 14—SEALED BIDDING

14.201-2 [Amended]

19. Amend section 14.201-2 by removing from paragraph (b) “(53.302-336)”.

PART 16—TYPES OF CONTRACTS

16.505 [Amended]

20. Amend section 16.505 by removing from paragraph (b)(2)(ii)(D)(2)(i) “http://www.fedbizopps.gov” and adding “https://www.fbo.gov” in its place.

PART 17—SPECIAL CONTRACTING METHODS

17.502-1 [Amended]

21. Amend section 17.502-1 by removing from paragraph (b)(1)(i) “http://www.whitehouse.gov/omb/assets/procurement/iac_revised.pdfand adding “https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/procurement/interagency_acq/iac_revised.pdf” in its place; and removing from paragraph (c) “http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/development-review-and-approval-of-business-cases-for-certain-interagency-and-agency-specific-acquisitions-memo.pdfand adding https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/procurement/memo/development-review-and-approval-of-business-cases-for-certain-interagency-and-agency-specific-acquisitions-memo.pdf” in its place.

PART 18—EMERGENCY ACQUISITIONS

18.205 [Amended]

22. Amend section 18.205 by removing from paragraph (b) “http://www.whitehouse.gov/sites/default/files/omb/assets/procurement_guides/emergency_acquisitions_guide.pdf

and adding “https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/procurement_guides/emergency_acquisitions_guide.pdf” in its place.

PART 19—SMALL BUSINESS PROGRAMS

19.704 [Amended]

23. Amend section 19.704 by removing from paragraph (a)(10)(iii) “contracts intended;” and adding “contracts with individual subcontracting plans where the contract is intended” in its place.

19.1503 [Amended]

24. Amend section 19.1503 by removing from paragraph (c)(2)(viii) “http://www.sba.gov/tools/forms/index.html” and adding “https://www.sba.gov/managing-business/forms/small-business-forms/financial-assistance-forms/personal-financial-statement” in its place.

PART 22-APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

22.001 [Amended]

25. Amend section 22.001 by removing from the definition “Administrator or Administrator, Wage and Hour Division” the words “Employment Standards Administration,”.

22.404-3 [Amended]

26. Amend section 22.404-3 by removing from paragraph (a) “(see 53.301-308)”.

22.1001 [Amended]

27. Amend section 22.1001 by removing from the definition “Wage and Hour Division” “Employment Standards Administration of the”.

22.1021 [Amended]

28. Amend section 22.1021 by removing from paragraph (a) “Employment Standards Administration,”.

22.1022 [Amended]

29. Amend section 22.1022 by removing from the second sentence “Employment Standards Administration,”.

22.1304 [Amended]

30. Amend section 22.1304 by removing from paragraph (b) “VETS-4212-customersupport@dol.gov” and adding “VETS4212-customersupport@dol.gov” in its place.

PART 23—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

23.202 [Amended]

31. Amend section 23.202 by removing from paragraph (b)(3) “http://www.epa.gov/nps/lid/section438” and adding “https://www.epa.gov/nps/stormwater-management-federal-facilities-under-section-438-energy-independence-and-security-act” in its place.

23.203 [Amended]

32. Amend section 23.203 by removing from paragraph (b)(2) “http://www1.eere.energy.gov/femp/procurement/eep_requirements.html” and adding “http://energy.gov/eere/femp/energy-and-water-efficient-products” in its place.

33. Amend section 23.205 by removing from paragraph (c)(1) “at http://www1.eere.energy.gov/femp/financing/espcs_regulations.html;” and adding a new paragraph (d) to read as follows:

23.205 Energy-savings performance contracts.

* * * * *

(d) For more information see https://energy.gov/eere/femp/energy-savings-performance-contracts-federal-agencies.

23.401 [Amended]

34. Amend section 23.401 by removing from paragraph (a)(2) “http://www.epa.gov/epawaste/conserve/tools/cpg/index.htm” and adding “https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program” in its place.

23.405 [Amended]

35. Amend section 23.405 by removing from paragraph (a) “http://www.epa.gov/cpg/products.htm” and adding “https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products” in its place.

23.802 [Amended]

36. Amend section 23.802 by removing from paragraph (c) “and the President's Climate Action Plan of June 2013”.

PART 25—FOREIGN ACQUISITION

25.003 [Amended]

37. Amend section 25.003 in the definition “Caribbean Basin country end product” by removing from the paragraph (1)(ii)(B) “http://www.usite.gov/tata.hts/” and adding “https://usitc.gov/tata/hts/index.htm” in its place.

25.703-2 [Amended]

38. Amend section 25.703-2 by removing from paragraph (a)(2) “http://www.treasury.gov/ofac/downloads/tllsdn.pdf” and adding “https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx” in its place.

PART 28—BONDS AND INSURANCE

28.106-1 [Amended]

39. Amend section 28.106-1 by removing from the introductory text, “shown in 53.301 and 53.302,”.

28.106-3 [Amended]

40. Amend section 28.106-3 by removing from paragraph (a) “, and a copy of the form is furnished for this purpose in part 53 of the looseleaf edition of the FAR”.

28.203-3 [Amended]

41. Amend section 28.203-3 by removing from paragraph (a)(1) “http://www.justice.gov/enrd/ENRD_Assets/Title_Standards_2001.pdf” and adding “https://www.justice.gov/enrd/page/file/922431/download” in its place.

42. Amend section 28.204-3 by revising paragraph (h) to read as follows:

28.204-3 Irrevocable letter of credit.

* * * * *

(h) A copy of the Uniform Customs and Practice (UCP) for Documentary Credits, 2007 Edition, International Chamber of Commerce Publication No. 600, is available from: ICC Books USA, 1212 Avenue of the Americas, 21st Floor, New York, NY 10036; Phone: 212-703-5078; Fax: 212-391-6568; E-Mail: iccbooks@uscib.org; Via the Internet at: http://www.uscib.org/ucp-600-ud-4465/.

PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES

31.205-6 [Amended]

43. Amend section 31.205-6 by removing from paragraphs (p)(2)(ii) and (p)(3)(ii) “https://www.whitehouse.gov/omb/procurement_index_exec_comp/” and adding “https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf” in their places, respectively; and removing from paragraph (p)(4)(ii) “http://www.whitehouse.gov/omb/procurement/cecp” and adding “https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf” in its place.

PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

36.104 [Amended]

44. Amend section 36.104 by removing from paragraph (b)(1) “http://www.wbdg.org/pdfs/hpsb_guidance.pdf” and adding “https://www.epa.gov/greeningepa/guiding-principles-federal-leadership-high-performance-and-sustainable-buildings” in its place.

45. Revise the last sentence of section 36.700 to read as follows:

36.700 Scope of subpart.

* * * A listing of the Standard forms is located in subpart 53.3.

PART 41—ACQUISITION OF UTILITY SERVICES

41.301 [Amended]

46. Amend section 41.301 by removing from paragraph (a) “General Services Administration, Energy Center of Expertise, 301 7th Street, SW., Room 4004, Washington, DC 20407” and adding “General Services Administration, Energy Division - PMA, 1800 F St, NW, Washington, DC 20405; Website: www.gsa.gov/energy; Email: energy@gsa.gov” in its place.

PART 49—TERMINATION OF CONTRACTS

47. Revise the last sentence of section 49.602 to read as follows:

49.602 Forms for settlement of terminated contracts.

* * * A listing of the Standard forms is located in subpart 53.3.

PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

48. Amend section 52.208-8 by revising the date of the clause and removing from paragraph (a), in the definition “Federal helium supplier” “http://www.blm.gov/nm/st/en/fo/Amarillo_Field_Office.html” and adding “https://www.blm.gov/programs/energy-and-minerals/helium/partners” in its place.

The revision reads as follows:

52.208-8 Required Sources for Helium and Helium Usage Data.

* * * * *

Required Sources for Helium and Helium Usage Data ([Insert Abbreviated Month and Year of Date of Publication in the Federal Register])

* * * * *

49. Amend section 52.212-1 by revising the date of the provision and paragraph (b)(4) to read as follows:

52.212-1 Instructions to Offerors—Commercial Items.

* * * * *

Instructions to Offerors—Commercial Items ([Insert Abbreviated Month and Year of Date of Publication in the Federal Register])

* * * * *

(b) * * *

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

* * * * *

50. Amend section 52.212-3 by revising the date of the provision and removing from paragraph (o)(2)(iii) “http://www.treasury.gov/ofac/downloads/t11sdn.pdf” and adding “https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx” in its place.

The revision reads as follows:

52.212-3 Offeror Representations and Certifications—Commercial Items.

* * * * *

Offeror Representations and Certifications—Commercial Items ([Insert Abbreviated Month and Year of Date of Publication in the Federal Register])

* * * * *

51. Amend section 52.212-5 by—

a. Revising the date of the clause;

b. Revising paragraphs (b)(17)(i) and (b)(17)(v);

c. Revising paragraphs (b)(28) through (30);

d. Revising paragraphs (b)(48) and (49);

e. Redesignating paragraphs (b)(58) and (59) as paragraphs (b)(59) and (60), and adding a new (b)(58);

f. Revising the newly designated paragraph (b)(60);

g. Revising paragraphs (c)(2), (c)(4), and (e)(1)(xii); and

h. In Alternate II–

i. Revising the date of Alternate II;

ii. Revising paragraph (e)(1)(ii)(J); and

iii. Revising paragraphs (e)(1)(ii)(P) thru (e)(1)(ii)(R).

The revisions read as follows:

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

* * * * *

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items ([Insert Abbreviated Month and Year of Date of Publication in the FEDERAL Register])

* * * * *

(b) * * *

___(17)(i) 52.219-9, Small Business Subcontracting Plan ([INSERT ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION IN THE FEDERAL REGISTER])(15 U.S.C. 637(d)(4)).

* * * * *

___(17)(v) Alternate IV ([INSERT ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION IN THE FEDERAL REGISTER]) of 52.219-9.

* * * * *

___(28)(i) 52.222-26, Equal Opportunity (SEPT 2016)

(E.O. 11246).

___(ii) Alternate I (Feb 1999) of 52.222-26.

___(29)(i) 52.222-35, Equal Opportunity for Veterans

(OCT 2015)(38 U.S.C. 4212).

___(ii) Alternate I (July 2014) of 52.222-35.

___(30)(i) 52.222-36, Equal Opportunity for Workers with

Disabilities (JUL 2014) (29 U.S.C. 793).

___(ii) Alternate I (July 2014) of 52.222-36.

* * * * *

___(48) 52.225-5, Trade Agreements ([INSERT ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION IN THE FEDERAL REGISTER])

19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___(49) 52.225-13, Restrictions on Certain Foreign

Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes

administered by the Office of Foreign Assets Control of the

Department of the Treasury).

* * * * *

___(58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

* * * * *

___(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

___(ii) Alternate I (Apr 2003) of 52.247-64.

___(iii) Alternate II (Feb 2006) of 52.247-64.

(c) * * *

___(2) 52.222-41, Service Contract Labor Standards ([INSERT ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION IN THE FEDERAL REGISTER])(41 U.S.C. chapter 67).

* * * * *

___(4) 52.222-43, Fair Labor Standards Act and Service

Contract Labor Standards-Price Adjustment (Multiple Year

and Option Contracts) ([INSERT ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION IN THE FEDERAL REGISTER] (29 U.S.C. 206 and

41 U.S.C. chapter 67).

* * * * *

(e)(1) * * *

(xii) 52.222-41, Service Contract Labor Standards ([INSERT ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION IN THE FEDERAL REGISTER])(41 U.S.C. chapter 67).

* * * * *

Alternate II ([INSERT ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION IN THE FEDERAL REGISTER]). * * *

* * * * *

(e)(1) * * *

(ii) * * *

(J) 52.222-41, Service Contract Labor Standards ([INSERT ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION IN THE FEDERAL REGISTER]) (41 U.S.C. chapter 67).

* * * * *

(P) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)(E.O. 13706).

(Q)(1) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(2) Alternate I (JAN 2017) of 52.224-3.

(R) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

* * * * *

52. Amend section 52.213-4 by revising the date of the clause and paragraphs (a)(2)(viii) and (b)(1)(vii) to read as follows:

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

* * * * *

Terms and Conditions -Simplified Acquisitions (Other than Commercial Items) ([Insert Abbreviated Month and Year of Date of Publication in the FEDERAL Register])

(a) * * *

(2) * * *

(viii) 52.244-6, Subcontracts for Commercial Items ([INSERT ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION IN THE FEDERAL REGISTER]).

* * * * *

(b) * * *

(1) * * *

(vii) 52.222-41, Service Contract Labor Standards ([INSERT ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION IN THE FEDERAL REGISTER]) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

* * * * *

53. Amend section 52.216-7 by revising the date of the clause and removing from paragraph (d)(2)(iv)(B) “http://www.whitehouse.gov/omb/procurement_index_exec_comp/” and adding “https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf” in its place.

The revision reads as follows:

52.216-7 Allowable Cost and Payment.

* * * * *

Allowable Cost and Payment ([Insert Abbreviated Month and Year of Date of Publication in the FEDERAL Register])

54. Amend section 52.219-9 by—

a. Revising the date of the clause;

b. Removing the erroneous paragraph (d), prior to paragraph (c)(1);

c. Removing from paragraph (d)(10)(iii) “contracts intended” and adding “contracts with individual subcontracting plans where the contract is intended” in its place;

d. Removing from paragraphs (d)(10)(vi) and (d)(10)(vii) “DUNS number” and adding “unique entity identifier” in its place;

e. In Alternate IV—

i. Revising the date of Alternate IV;

ii. Removing from paragraph (d)(10)(iii) “contracts intended” and adding “contracts with individual subcontracting plans where the contract is intended” in its place; and

iii. Removing from paragraphs (d)(10)(vi) and (d)(10)(vii) “DUNS number” and adding “unique entity identifier” in its place.

The revision reads as follows:

52.219-9 Small Business Subcontracting Plan.

* * * * *

Small Business Subcontracting Plan ([Insert Abbreviated Month and Year of Date of Publication in the FEDERAL Register])

* * * * *

Alternate IV ([INSERT ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION IN THE FEDERAL REGISTER]) * * *.

* * * * *

55. Amend section 52.222-6 by revising the date of the clause and removing from paragraph (c)(2) “Employment Standards Administration,”.

The revision reads as follows:

52.222-6 Construction Wage Rate Requirements.

* * * * *

Construction Wage Rate Requirements ([Insert abbreviated month and year of Date of Publication in the Federal Register])

* * * * *

56. Amend section 52.222-8 by revising the clause heading and date to read as follows:

52.222-8 Payrolls and Basic Records.

* * * * *

Payrolls and Basic Records ([Insert abbreviated month and year of Date of Publication in the Federal Register])

* * * * *

57. Amend section 52.222-30 by revising the date of the clause and removing from paragraph (a) “Employment Standards Administration,”.

The revision reads as follows:

52.222-30 Construction Wage Rate Requirements—Price Adjustment (None or Separately Specified Method).

* * * * *

Construction Wage Rate Requirements—Price Adjustment (None or Separately Specified Method) ([Insert Abbreviated Month and Year of Date of Publication in the Federal Register])

* * * * *

58. Amend section 52.222-31 by revising the date of the clause and removing from paragraph (a) “Employment Standards Administration,”.

The revision reads as follows:

52.222-31 Construction Wage Rate Requirements—Price Adjustment (Percentage Method).

* * * * *

Construction Wage Rate Requirements—Price Adjustment (Percentage Method) ([Insert abbreviated month and year of Date of Publication in the Federal Register])

* * * * *

59. Amend section 52.222-32 by revising the date of the clause and removing from paragraph (a) “Employment Standards Administration,”.

The revision reads as follows:

52.222-32 Construction Wage Rate Requirements—Price Adjustment (Actual Method).

* * * * *

Construction Wage Rate Requirements—Price Adjustment (Actual Method) ([Insert abbreviated month and year of Date of Publication in the Federal Register])

* * * * *

60. Amend section 52.222-41 by—

a. Revising the date of the clause;

b. Removing from paragraph (c)(2)(ii) “Employment Standards Administration”; and

c. Removing from paragraph (i)(1) “Employment Standards Administration,”.

The revision reads as follows:

52.222-41 Service Contract Labor Standards.

* * * * *

Service Contract Labor Standards ([Insert Abbreviated Month and Year of Date of Publication in the FEDERAL Register])

* * * * *

61. Amend section 52.222-43 by revising the date of the clause and removing from paragraph (c) “Employment Standards Administration,”.

The revision reads as follows:

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts).

* * * * *

Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) ([Insert Abbreviated Month and Year of Date of Publication in the Federal Register])

* * * * *

62. Amend section 52.223-17 by revising the date of the clause and removing from paragraph (b) “http://www.epa.gov/cpg/” and “http://www.epa.gov/cpg/products.htm” and adding “https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program” in their places.

The revision reads as follows:

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

* * * * *

Affirmative Procurement of EPA-designated Items in Service and Construction Contracts ([Insert Abbreviated Month and Year of Date of Publication in the Federal Register])

* * * * *

63. Amend section 52.225-5 by revising the date of the clause and removing from paragraph (a), in the definition of “Caribbean Basin country end product” paragraph (1)(ii)(B) “http://www.usitc.gov/tata/hts/” and adding “https://usitc.gov/tata/hts/index.htm” in its place.

The revision reads as follows:

52.225-5 Trade Agreements.

* * * * *

Trade Agreements ([Insert Abbreviated Month and Year of Date of Publication in the Federal Register])

* * * * *

64. Amend section 52.225-18 by revising the date of the provision and removing from the introductory text of paragraph (a) “clause” and adding “provision” in its place.

The revision reads as follows:

52.225-18 Place of Manufacture.

* * * * *

Place of Manufacture ([Insert abbreviated month and year of Date of Publication in the Federal Register])

* * * * *

65. Amend section 52.225-25 by revising the date of the provision and removing from paragraph (c)(3) “http://www.treasury.gov/ofac/downloads/t11sdn.pdf” and adding “https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx” in its place.

The revision reads as follows:

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

* * * * *

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications ([Insert Abbreviated Month and Year of Date of Publication in the Federal Register])

* * * * *

66. Amend section 52.228-11 by revising the date of the clause and removing from paragraph (b)(2)(i) “http://www.justice.gov/enrd/ENRD_Assets/Title_Standards_2001.pdf” and adding “https://www.justice.gov/enrd/page/file/922431/download” in its place.

The revision reads as follows:

52.228-11 Pledges of Assets.

* * * * *

Pledges of Assets ([Insert Abbreviated Month and Year of Date of Publication in the Federal Register])

* * * * *

67. Amend section 52.243-1 by revising the clause prescription reference to read as follows:

52.243-1 Changes—Fixed-Price.

As prescribed in 43.205(a)(1), insert the following clause. The 30-day period may be varied according to agency procedures.

Changes—Fixed-Price (AUG 1987)

* * * * *

68. Amend section 52.244-6 by revising the date of the clause and paragraphs (c)(1)(iv), (c)(1)(v), (c)(1)(vi), (c)(1)(xv), and (c)(1)(xvi) to read as follows:

52.244-6 Subcontracts for Commercial Items.

* * * * *

Subcontracts for Commercial Items ([Insert Abbreviated Month and Year of Date of Publication in the Federal Register])

* * * * *

(c) * * *

(1) * * *

(iv) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016), other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21.

(v) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(vi) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

* * * * *

(xvi)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) if flow down is required in accordance with 52.224-3(f).

(B) Alternate I (JAN 2017) of 52.224-3, if flow down is required in accordance with 52.224-3(f) and the agency specifies that only its agency-provided training is acceptable).

* * * * *

PART 53—FORMS

53.000 [Amended]

69. Amend section 53.000 by-

a. Removing from paragraph (a) “in acquisition,” and adding “in acquisition, and” in its place;

b. Removing from paragraph (b) “the forms, and” and adding “the forms.” in its place; and

c. Removing paragraph (c).

70. Revise section 53.102 to read as follows:

53.102 Current editions.

The form prescriptions in subpart 53.2 and the FAR forms located at https://www.gsa.gov/forms contain current edition dates. Contracting officers shall use the current editions unless otherwise authorized under this regulation.

71. Revise section 53.209-1 to read as follows:

53.209-1 Responsible prospective contractors.

The following forms are prescribed for use in conducting preaward surveys of prospective contractors, as specified in 9.106-1, 9.106-2, and 9.106-4. These forms are authorized for local reproduction and can be found at the GSA Forms Library at https://www.gsa.gov/forms.

(a) SF 1403 (Rev. 01/2014), Preaward Survey of Prospective Contractor (General).

(b) SF 1404 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Technical.

(c) SF 1405 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Production.

(d) SF 1406 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Quality Assurance.

(e) SF 1407 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Financial Capability.

(f) SF 1408 (Rev. 01/2014), Preaward Survey of Prospective Contractor—Accounting System.

72. Revise section 53.228 to read as follows:

53.228 Bonds and insurance.

The following standard forms are prescribed for use for bond and insurance requirements, as specified in part 28. These forms can be found at the GSA Forms Library at https://www.gsa.gov/forms. All the following forms are authorized for local reproduction, except for SF 25B.

(a) SF 24 (Rev. 8/2016) Bid Bond. (See 28.106-1.)

(b) SF 25 (Rev. 8/2016) Performance Bond. (See 28.106-1(b).)

(c) SF 25A (Rev. 8/2016) Payment Bond. (See 28.106-1(c).)

(d) SF 25B (For Standard Forms 24, 25, and 25A) (Rev. 10/1983) Continuation Sheet for Standard Forms 24, 25 and 25A. (See 28.106-1(c).)

(e) SF 28 (Rev. 6/2003) Affidavit of Individual Surety. (See 28.106-1(e) and 28.203(b).)

(f) SF 34 (Rev 8/2016) Annual Bid Bond. (See 28.106-1(f).)

(g) SF 35 (Rev. 8/2016) Annual Performance Bond. (See 28.106-1.)

(h) SF 273 (Rev. 4/2013) Reinsurance Agreement for a Bonds statute Performance Bond. (See 28.106-1(h) and 28.202-1(a)(4).)

(i) SF 274 (Rev. 4/2013) Reinsurance Agreement for a Bonds statute Payment Bond. (See 28.106-1(i) and 28.202-1(a)(4).)

(j) SF 275 (Rev. 10/1998) Reinsurance Agreement in Favor of the United States. (See 28.106-1(j) and 28.202-1(a)(4).)

(k) SF 1414 (Rev. 05/1997), Consent of Surety.

(l) SF 1415 (Rev. 7/1993), Consent of Surety and Increase of Penalty. (See 28.108-1(l).)

(m) SF 1416 (Rev. 10/1998) Payment Bond for Other than Construction Contracts. (See 28.106-1(m).)

(n) SF 1418 (Rev. 2/1999) Performance Bond For Other Than Construction Contracts. (See 28.106-1(n).)

(o) OF 90 (Rev. 1/1990), Release of Lien on Real Property. (See 28.106-1(o) and 28.203-5(a).)

(p) OF 91 (Rev. 1/1990), Release of Personal Property from Escrow. (See 28.106-1(p) and 28.203-5(a).)

73. Revise section 53.249 to read as follows:

53.249 Termination of contracts.

(a) The following forms are prescribed for use in connection with the termination of contracts, as specified in subpart 49.6. These forms are available at the GSA Forms Library at https://www.gsa.gov/forms. These forms are authorized for local reproduction except for SF 1034.

(1) SF 1034 (GAO), Public Voucher for Purchases and Services Other Than Personal. (See 49.302(a).)

(2) SF 1435 (Rev. 03/2016), Settlement Proposal (Inventory Basis). (See 49.602-1(a).)

(3) SF 1436 (Rev. 5/2004), Settlement Proposal (Total Cost Basis). (See 49.602-1(b).)

(4) SF 1437 (Rev. 9/1997), Settlement Proposal for Cost-Reimbursement Type Contracts. (See 49.602-1(c) and 49.302.)

(5) SF 1438 (Rev. 5/2004), Settlement Proposal (Short Form). (See 49.602-1(d).)

(6) SF 1439 (Rev. 7/1989), Schedule of Accounting Information. (See 49.602-3.)

(7) SF 1440 (Rev. 01/1995), Application for Partial Payment. (See 49.602-4.)

(b) SF 1428 (Rev. 6/2007), Inventory Disposal Schedule, and Standard Form 1429 (Rev. 1/2016), Inventory Disposal Schedule—Continuation Sheet, shall be used to support termination settlement proposals listed in paragraph (a) of this section, as specified in 49.602-2. These forms are available at the GSA Forms Library at https://www.gsa.gov/forms.

74. Revise subpart 53.3 to read as follows:

Subpart 53.3—Forms Used in Acquisitions

53.300 Listing of Standard, Optional, and Agency forms.

This subpart identifies, in numerical sequence, Standard Forms (SF), Optional Forms (OF) and agency forms that are specified by the FAR for use in acquisitions.

(a) You can access the forms in Table 53-1 at the GSA Forms Library at https://www.gsa.gov/forms.

Table 53-1 Forms in the GSA Forms Library

    Form Number

    Form Title

    SF 18

    Request for Quotation

    SF 24

    Bid Bond

    SF 25

    Performance Bond

    SF 25A

    Payment Bond

    SF 25B

    Continuation Sheet for 24, 25, and 25A

    SF 26

    Award/Contract

    SF 28

    Affidavit of Individual Surety

    SF 30

    Amendment of Solicitation/Modification of Contract

    SF 33

    Solicitation, Offer and Award

    SF 34

    Annual Bid Bond

    SF 35

    Annual Performance Bond

    SF 44

    U.S. Government Purchase Order—Invoice—Voucher

    SF 120

    Report of Excess Personal Property

    SF 120A

    Continuation Sheet (Report of Excess Personal Property)

    SF 126

    Report of Personal Property for Sale

    SF 126A

    Report of Personal Property for Sale (Continuation Sheet)

    SF 252

    Architect-Engineer Contract

    SF 273

    Reinsurance Agreement for a Bonds Statute Performance Bid

    SF 274

    Reinsurance Agreement for a Bonds Statute Payment Bond

    SF 275

    Reinsurance Agreement in Favor of the United States

    SF 294

    Subcontracting Report for Individual Contracts

    SF 298

    Report Documentation Page

    SF 308

    Request For Wage Determination and Response to Request

    SF 330

    Architect-Engineer Qualifications

    SF 1034

    Public Voucher for Purchases and Services Other Than Personal

    SF 1035

    Public Voucher for Purchases and Services Other Than Personal (Continuation Sheet)

    SF 1094

    United States Tax Exemption Form

    SF 1094A

    Tax Exemption Accountability Record

    SF 1165

    Receipt for Cash-Subvoucher

    SF 1402

    Certificate of Appointment

    SF 1403

    Preaward Survey of Prospective Contractor (General)

    SF 1404

    Preaward Survey of Prospective Contractor (Technical)

    SF 1405

    Preaward Survey of Prospective Contractor (Production)

    SF 1406

    Preaward Survey of Prospective Contractor (Quality Assurance)

    SF 1407

    Preaward Survey of Prospective Contractor Financial Capability

    SF 1408

    Preaward Survey of Prospective Contractor Accounting System

    SF 1409

    Abstract of Offers

    SF 1410

    Abstract of Offers -Continuation

    SF 1413

    Statement and Acknowledgment

    SF 1414

    Consent of Surety

    SF 1415

    Consent of Surety and Increase of Penalty

    SF 1416

    Payment Bond For Other Than Construction Contracts

    SF 1418

    Performance Bond for Other Than Construction Contracts

    SF 1423

    Inventory Verification Survey

    SF 1424

    Inventory Disposal Report

    SF 1428

    Inventory Disposal Schedule

    SF 1429

    Inventory Disposal Schedule–Continuation Sheet

    SF 1435

    Settlement Proposal (Inventory Basis)

    SF 1436

    Settlement Proposal (Total Cost Basis)

    SF 1437

    Settlement Proposal for Cost-Reimbursement Type Contracts

    SF 1438

    Settlement Proposal (Short Form)

    SF 1439

    Schedule of Accounting Information

    SF 1440

    Application For Partial Payment

    SF 1442

    Solicitation, Offer, and Award (Construction, Alteration, or Repair)

    SF 1443

    Contractor’s Request For Progress Payment

    SF 1444

    Request For Authorization of Additional Classification and Rate

    SF 1445

    Labor Standards Interview

    SF 1446

    Labor Standards Investigation Summary Sheet

    SF 1447

    Solicitation/Contract

    SF 1449

    Solicitation/Contract/Order for Commercial Items

    OF 17

    Offer Label

    OF 90

    Release of Lien on Real Property

    OF 91

    Release of Personal Property From Escrow

    OF 307

    Contract Award

    OF 308

    Solicitation and Offer-Negotiated Acquisition

    OF 309

    Amendment of Solicitation (Negotiated Procurements)

    OF 336

    Continuation Sheet

    OF 347

    Order for Supplies or Services

    OF 348

    Order For Supplies or Services – Schedule - Continuation

    OF 1419

    Abstract of Offers - Construction

    OF 1419A

    Abstract of Offers-Construction Continuation Sheet

(b) You can access the forms in Table 53-2 at the websites listed in the table.

Table 53-2 Other Forms

    Form DD 254

    Department of Defense Contract Security Classification Specification

    Form DD 441

    Department of Defense Security Agreement

    Form WH-347

    Payroll–U.S. Department of Labor

Billing Code