Government Contracts FAC 2005-101 Issued with Two Final Rules
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Monday, October 15, 2018

FAC 2005-101 Issued with Two Final Rules

By Government Contracts Editorial Staff

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have issued Federal Acquisition Circular 2005-101, which contains two final rules amending the Federal Acquisition Regulation: Item I—System for Award Management Registration (FAR Case 2015-005) and Item II—One Dollar Coins (FAR 2018-009). The rules go into effect on October 26, 2018. For the text of FAC 2005-101, see ¶70,002.205.

System for Award Management. The FAR Case 2015-005 final rule amends the FAR to update the instructions for System for Award Management registration. The rule amends FAR Subpart 4.11, System for Award Management, and related solicitation provisions and contract clauses, to clarify when an offeror must register in SAM. The rule resolves an inconsistency between FAR 52.204-7, which instructs offerors to complete representations and certifications by registering in SAM prior to the submission of offers, and FAR 4.1102, which states SAM registration must be completed by the time of award, by requiring offeror registration in SAM prior to submission of an offer. Once an offeror is registered in SAM, it only needs to update SAM registration in accordance with the FAR 52.204-8 clause. This eliminates the need for potential offerors to complete representations and certifications multiple times when responding to solicitations. Further, the rule requires contracting officers to use the name and physical address from the contractor’s SAM registration for the provided unique identity identifier. Finally, the rule removes the term “division name”‘ from FAR 4.1102, FAR 52.204-13, and FAR 52.212-4, and changes the referenced website from acquisition.gov to SAM.gov and the term “Database” to “SAM.” The final rule made no changes to the proposed rule (¶70,006.316) as a result of comments received.

$1 Coin. The final rule in FAR Case 2018-005 amends the FAR to provide an exception for business operations conducted by a contractor while performing under a government contract from the requirement to accept and dispense $1 coins. Specifically, the rule removes FAR 37.116, and its subsections FAR 37.116-1 and FAR 37.116-2, and the clause at FAR 52.237-11, Accepting and Dispensing of $1 Coin. In addition, the rule makes a technical change to FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. The rule implements section 885 of the National Defense Authorization Act for Fiscal Year 2018 (PL 115-91).

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