Daily Rules, Proposed Rules, and Notices of the Federal Government
Please submit comments only and cite FAR case 2001-032 in all correspondence related to this case.
In order to broaden use and reliance on e-business applications, the Councils are working with the Office of Federal Procurement Policy to eliminate the need to maintain paper-based sources of contractor information. As part of this effort, the Councils are proposing to eliminate the SF 129, Solicitation Mailing List Application.
The SF 129 was created to enable contracting activities to obtain information from sources to develop a solicitation mailing list. At the time the form was developed, manual processes were the only means available to assure access to adequate sources of supplies and services. Today, by sharp contrast, there are multiple tools available to agencies that can provide the functionality of the SF 129, but in a more efficient and effective manner. With the Administration's encouragement, agencies are taking advantage of these tools.
For example, many agencies now require potential contractors to register in the Central Contractor Registration (CCR) system, a centrally located, searchable database, accessible via the Internet, as their tool of choice for developing, maintaining, and providing sources for future procurements. The CCR database enables prospective contractors to update their information in one place via a website (
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.
The Councils do not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory FlexibilityAct, 5 U.S.C. 601,
This proposed rule would eliminate the SF 129, Solicitation Mailing List Application, so that agencies may rely exclusively on more efficient means to access sources of supplies. For example, information obtained manually on the SF 129 can be obtained more efficiently through the Procurement Marketing and Access PRO-NET, which is sponsored by the Small Business Administration. PRO-NET is an electronic gateway of procurement information for and about small businesses. It is a search engine for contracting officers, a marketing tool for small firms, and a link to procurement opportunities and important information.
The proposed rule, when finalized, will apply to all large and small entities that seek contracts that are awarded by executive agencies. For fiscal year 2001, there were 176,258 contract actions awarded over the simplified acquisition threshold. The proposed rule imposes no reporting, recordkeeping, or other compliance requirements.
The FAR Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small BusinessAdministration. A copy of the IRFA may be obtained from the FAR Secretariat. The Councils will consider comments from small entities concerning the affected FAR parts in accordance with 5 U.S.C. 610. Comments must be submitted separately and should cite 5 U.S.C 601,
The Paperwork Reduction Act no longer applies because the proposed rule eliminates reporting and recordkeeping requirements currently approved under OMB Control Number 9000-0002. This rule will reduce the
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 5, 14, 19, 22, 36, 52, and 53 as set forth below:
1. The authority citation for 48 CFR parts 1, 5, 14, 19, 22, 36, 52, and 53 continues to read as follows:
40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 1.106 in the table following the introductory paragraph by removing from FAR segment 14.205 its corresponding OMB Control Number “9000-0002” and adding “9000-0037” in its place; and by removing the FAR segments “14.205-4(c)” and “SF 129” and their corresponding OMB Control Numbers “9000-0037” and “9000-0002”, respectively.
3. Amend section 5.205 by revising the fourth sentence of paragraph (a) to read as follows:
(a) * * * Contracting officers must consider potential sources which respond to advance notices for a subsequent solicitation. * * *
4. Amend section 5.403 by removing paragraph designation “(a)” and paragraph (b).
5. Amend section 14.103-1 by removing paragraph (b) and redesignating paragraphs “(c)” and “(d)” as “(b)” and “(c)”, respectively.
6. Amend section 14.201-6 by revising paragraph (e) to read as follows:
(e) Insert in all invitations for bids the provision at 52.214-10, Contract Award—Sealed Bidding.
7. Amend section 14.203-1 by revising the first sentence to read as follows:
Invitations for bids or presolicitation notices shall be provided in accordance with 5.102. * * *
8. Revise section 14.205 to read as follows:
In lieu of initially forwarding complete bid sets, the contracting officer may send presolicitation notices to concerns. The notice shall—
(a) Specify the final date for receipt of requests for a complete bid set;
(b) Briefly describe the requirement and furnish other essential information to enable concerns to determine whether they have an interest in the invitation; and
(c) Normally not include drawings, plans, and specifications. The return date of the notice must be sufficiently in advance of the mailing date of the invitation for bids to permit an accurate estimate of the number of bid sets required. Bid sets shall be sent to concerns that request them in response to the notice.
9. Remove sections 14.205-1, 14.205-2, 14.205-3, 14.205-4, and 14.205-5.
10. Amend section 14.211 in the first sentence of paragraph (a) by removing “14.205-4(c)” and adding “14.205” in its place.
11. Amend section 14.503-1 by revising the introductory text of paragraph (a) to read as follows:
(a) Requests for technical proposals shall be synopsized in accordance with Part 5. The request must include, as a minimum, the following:
12. Amend section 19.202-2 by removing paragraph (a) and redesignating paragraphs “(b)” and “(c)” as “(a)” and “(b)”, respectively.
13. Amend section 19.202-4 by removing paragraph (c) and redesignating paragraph (d) as (c).
14. Amend section 19.402 in paragraph (c)(3) by removing the words “on solicitation mailing lists or”.
15. Amend section 22.1009-2 by revising paragraph (b) to read as follows:
(b) Databases available via the Internet for lists of prospective offerors and contractors.
16. Amend section 36.213-3 in the parenthetical in paragraph (d) by removing “14.205 and”.
17. Remove and reserve section 52.214-9.
18. Amend section 52.214-10 in the prescription by removing “14.201-6(e)(2)” and adding “14.201-6(c)” in its place.
19. Amend section 53.214 by removing and reserving paragraph (e).
20. Remove section 53.301-129.