Federal Acquisition Regulation: Update to Certain Online References in the FAR

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 issuing a final rule amending the Federal Acquisition Regulation (FAR) to replace FAR references to Federal Business Opportunities ( FBO.gov ) and Wage Determinations Online ( WDOL.gov ) websites with the System for Award Management ( SAM.gov ) website because of their integration with and the increased functionality of SAM.gov.

DATES:

Effective January 14, 2022.

FOR FURTHER INFORMATION CONTACT:

Mr. Curtis E. Glover, Sr., Procurement Analyst, at 202-501-1448 or by email at curtis.glover@gsa.gov for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755 or GSARegSec@gsa.gov. Please cite FAC 2022-02, FAR Case 2021-003.

SUPPLEMENTARY INFORMATION:

I. Background

DoD, GSA, and NASA are amending the Federal Acquisition Regulation (FAR) to replace references to Federal Business Opportunities ( FBO.gov ) and Wage Determinations Online ( WDOL.gov ) websites with the System for Award Management ( SAM.gov ) website because of their integration with and the increased functionality of SAM.gov.

The System for Award Management (SAM) is a Federal website that consolidates the capabilities of Central Contractor Registration (CCR), Online Representations and Certifications Applications (ORCA), and the Excluded Parties List System (EPLS) and continues to evolve to incorporate the capabilities of other systems used in Federal procurement processes.

On April 26, 2021, legacy SAM.gov functionality was integrated with beta.SAM.gov and renamed to SAM.gov. As a result of the integration, SAM.gov now includes the site for users to execute actions formerly accomplished on Federal Business Opportunities ( FBO.gov ) and Wage Determinations Online ( WDOL.gov ). In response, the FAR needs to be updated to remove obsolete names and URL references and incorporate in their place the new SAM.gov website.

II. Publication of This Final Rule for Public Comment Is Not Required by Statute

The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is 41 U.S.C. 1707. Subsection (a)(1) of 41 U.S.C. 1707 requires that a procurement policy, regulation, procedure, or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it does not have a significant effect or impose any new requirements on contractors or offerors. The rule simply replaces FAR references to Federal Business Opportunities ( FBO.gov ) and Wage Determinations Online ( WDOL.gov ) with the System for Award Management ( SAM.gov ).

III. Applicability to Contracts at or Below the Simplified Acquisition Threshold (SAT) and for Commercial Products, Including Commercially Available Off-the-Shelf (COTS) Items, or for Commercial Services

This rule simply replaces references to Federal Business Opportunities ( FBO.gov ) and Wage Determinations Online ( WDOL.gov ) with the System for Award Management ( SAM.gov ). This rule does not impose any new requirements on contracts at or below the SAT, or to acquisitions for commercial products (including COTS items) or for commercial services.

IV. 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.

V. Congressional Review Act

As required by the Congressional Review Act (5 U.S.C. 801-808) before an interim or final rule takes effect, DoD, GSA, and NASA will send the rule and the “Submission of Federal Rules Under the Congressional Review Act” form to each House of the Congress and to the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register . The Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget has determined that this is not a major rule under 5 U.S.C. 804.

VI. Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) does not apply to this rule, because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section III. of this preamble). Accordingly, no regulatory flexibility analysis is required and none has been prepared.

VII. Paperwork Reduction Act

The 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. 3501-3521).

List of Subjects in 48 CFR Parts 2, 5, 6, 7, 8, 16, 22, 47, and 52

• Government procurement

Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 5, 6, 7, 8, 16, 22, 47, and 52 as set forth below:

1. The authority citation for 48 CFR parts 2, 5, 6, 7, 8, 16, 22, 47, 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 2—DEFINITIONS OF WORDS AND TERMS

2. Amend section 2.101 in paragraph (b)(2), in the definition “Governmentwide point of entry (GPE)” by removing “ https://www.fbo.gov ” and adding “ https://www.sam.gov ” in its place.

PART 5—PUBLICIZING CONTRACT ACTIONS

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

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

5. Amend section 5.207 by—

a. Removing from paragraphs (b) and (c)(19) “ https://www.fbo.gov ” and adding “ https://www.sam.gov ” in their places, respectively; and

b. Removing from paragraph (e) “ https://www.fbo.gov/ ” and adding “ https://www.sam.gov ” in its place.

6. Amend section 5.704 by removing from paragraph (b) introductory text “ https://www.fbo.gov ” and adding “ https://www.sam.gov ” in its place.

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

PART 6—COMPETITION REQUIREMENTS

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

PART 7—ACQUISITION PLANNING

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

PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES

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

11. Amend section 8.602 by removing from paragraphs (a)(4)(ii)(A) and (B) “FedBizOpps, also known as FBO” and adding “Contract Opportunities at SAM.gov ” in its place.

PART 16—TYPES OF CONTRACTS

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

PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

13. Amend section 22.001 by—

a. In the definition “ e98” removing “ http://www.wdol.gov ” and adding “ https://www.sam.gov ” in its place; and

b. Removing the definition of “ Wage Determinations OnLine (WDOL)” and adding a definition for “ Wage Determinations at SAM.gov ” in its places.

The addition reads as follows:

14. Amend section 22.404-1 by revising paragraph (a)(2) to read as follows:

15. Amend section 22.404-3 by removing from paragraph (a) and paragraph (b) introductory text “WDOL” and adding “Wage Determinations at SAM.gov ” in its place.

16. Amend section 22.404-6 by removing from paragraphs (a)(3), (b)(1)(i) and (ii), (b)(2) and (6), (c)(1), and (d)(1)(ii), “WDOL” and adding “Wage Determinations at SAM.gov ” in its place, wherever it appears.

17. Amend section 22.1008-1 by removing from paragraphs (a), (c), (d), and (e)(1), “WDOL” and adding “Wage Determinations at SAM.gov ” in its place, wherever it appears.

18. Amend section 22.1008-2 by removing from paragraphs (d)(2) and (3) and (g) introductory text “WDOL” and adding “Wage Determinations at SAM.gov ” in its place.

19. Amend section 22.1012-1 by removing from paragraphs (a)(1)(i) and (a)(2) “WDOL” and adding “Wage Determinations at SAM.gov ” in its place.

20. Amend section 22.1012-2 by removing from paragraph (d) “WDOL” and adding “Wage Determinations at SAM.gov ” in its place.

21. Amend section 22.1903 by removing from paragraph (c) “ http://www.wdol.gov ” and adding “ https://www.sam.gov ” in its place.

22. Amend section 22.1904 by removing from paragraph (a)(2) “Wage Determinations OnLine (WDOL), http://www.wdol.gov ” and adding “Wage Determinations at SAM.gov, https://www.sam.gov ” in its place.

PART 47—TRANSPORTATION

23. Amend section 47.202 by revising paragraph (a) to read as follows:

PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

24. Amend section 52.212-5 by—

a. Revising the date of the clause;

b. Removing from paragraph (c)(7) “(NOV 2020)” and adding “(JAN 2022)” in its place;

c. Removing from paragraph (e)(1)(xvii) “(NOV 2020)” and adding “(JAN 2022)” in its place; and

d. In Alternate II—

i. Revising the date of the Alternate; and

ii. Removing from paragraph (e)(1)(ii)(P) “(NOV 2020)” and adding “(JAN 2022)” in its place.

The revisions read as follows:

25. Amend section 52.213-4 by—

a. Revising the date of the clause;

b. Revising paragraph (a)(2)(viii); and

c. Removing from paragraph (b)(1)(ix) “(NOV 2020)” and adding “(JAN 2022)” in its place.

The revisions read as follows:

26. Amend section 52.222-55 by—

a. Revising the date of the clause; and

b. Removing from paragraph (b)(2) “ www.wdol.gov ” and adding “ https://www.sam.gov ” in its place.

The revision reads as follows:

27. Amend section 52.244-6 by—

a. Revising the date of the clause; and

b. Removing from paragraph (c)(1)(xv) “(NOV 2020)” and adding “(JAN 2022)” in its place.

The revision reads as follows: