[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18322-18324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7369]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 53

[FAC 2005-51; FAR Case 2009-029; Item II; Docket 2010-0096, Sequence 1]
RIN 9000-AL72


Federal Acquisition Regulation; Clarification of Standard Form 
26--Award/Contract

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 include clarifications to 
Standard Form (SF) 26, Award/Contract. This revised form includes 
changes above blocks 17 and 18 and in block 18 to clarify that block 18 
should not be used when awarding a negotiated procurement and should 
only be checked when awarding a sealed bid contract.

DATES: Effective Date: May 2, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement 
Analyst, at (202) 208-4949 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-51, FAR 
Case 2009-029.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 75 FR 54560 on September 8, 2010, to clarify the use of 
blocks 17 and 18 of the Standard Form (SF) 26, Award/Contract.
    FAR 53.214(a) prescribes the SF 26 for use in contracting for 
supplies and services by sealed bidding (except for construction and 
architect-engineer services). The SF 26 is used to award sealed bid 
contracts after obtaining bids using a SF 33, Solicitation, Offer, and 
Award. FAR 14.408-1(d)(1) specifies that, if an offer made using a SF 
33 leads to further changes, the resulting contract must be prepared as 
a bilateral document using the SF 26. Agencies identified instances in 
which contracting officers mistakenly checked block 18 when awarding 
negotiated, not sealed bid contracts, which created the potential for 
disputes between the agency and contractors. The clarifications 
provided on the form for when to use blocks 17 and 18 should eliminate 
this issue.
    The changes will not prevent contracting officers from using block 
17 of the SF 26 to award negotiated procurements; it will clarify to 
contracting officers the proper use of block 17 and block 18 and 
prohibit the use of block 18 of the SF 26 when awarding negotiated 
procurements. This final rule clarifies the use of block 18 on the SF 
26, Award/Contract, and references the new form at FAR 53.214(a) and 
53.215-1(a).
    No respondents submitted comments on the proposed rule.

II. Executive Order 12866 and 13563

    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.
    In accordance with Executive Order 13563, Improving Regulation and 
Regulatory Review, dated January 18, 2011, DoD, GSA, and NASA 
determined that this rule is not excessively burdensome to the public, 
and is consistent with FAR drafting conventions.

III. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic 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 is solely a 
clarification for the benefit of Government contracting officers and 
does not make any substantive changes to current policy.

IV. 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 Part 53

    Government procurement.

    Dated: March 24, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
    Therefore, DoD, GSA, and NASA amend 48 CFR part 53 as set forth 
below:

PART 53--FORMS

0
1. The authority citation for 48 CFR part 53 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).


53.214  [Amended]

0
2. Amend section 53.214 by removing from paragraph (a) ``SF 26 (APR 
2008)'' and adding ``SF 26 (Rev. 5/2011)'' in its place.


53.215-1  [Amended]

0
3. Amend section 53.215-1 by removing from paragraph (a) ``SF 26 (APR 
2008)'' and adding ``SF 26 (Rev. 5/2011)'' in its place.
0
4. Revise section 53.301-26 to read as follows:


53.301-26  Award/Contract.

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[FR Doc. 2011-7369 Filed 3-31-11; 8:45 am]
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