Federal Acquisition Regulation; Electronic Contracting

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 5, 7, 8, 9, 12, 14, 15, 16, 32, 45, 52, and 53

[FAR Case 91-104]

Federal Acquisition Regulation; Electronic Contracting

AGENCIES: Department of Defense (DOD), General Services Administration

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

ACTION: Proposed rule.

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

SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council are proposing to amend the Federal

Acquisition Regulation (FAR) to address the use of electronic commerce/

electronic data interchange in Government contracting. This regulatory

action was subject to Office of Management and Budget review pursuant

to Executive Order No. 12866 dated September 30, 1993.

DATES: Comments should be submitted to the FAR Secretariat at the

address shown below on or before May 5, 1995, to be considered in the

formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to:

General Services Administration, FAR Secretariat (VRS), 18th & F

Streets, NW, Room 4037, Washington, DC 20405. Please cite FAR case 91-

104 in all correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb at (202) 501-4547 in

reference to this FAR case. For general information, contact the FAR

Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-

4755. Please cite FAR Case 91-104.

SUPPLEMENTARY INFORMATION:

A. Background

A proposed rule was published in the Federal Register at 58 FR

69588, December 30, 1993. The rule proposed amendments to the FAR to

remove any barriers to the use of electronic data interchange in

Government contracting. Thirty-six comments from ten respondents were

received during the public comment period. After evaluating the public

comments, the Councils agreed to publish another proposed rule, because

significant changes to the rule published on December 30, 1993, were

deemed to be necessary. The changes include:

--Revision of the definition of ``in writing'' or ``written'' at 2.101

to include electronically transmitted and stored information.

--Revision of the definition of ``signature'' at 2.101 for clarity and

to include electronic symbols.

--Addition of a definition of ``electronic commerce'' at 4.301.

--Amendment of section 5.101 to permit the use of electronic

dissemination, available to the public at the contracting office, to

satisfy the requirement for public display of proposed contract

actions.

--Amendment of section 5.102 to permit contracting officers to furnish

solicitations directly to the electronic address of a small business

concern.

--Amendment of sections 12.103, 14.304-1, 52.212-1, 52.212-2, 52.214-7,

52.214-23, 52.214-32, 52.214-33, 52.215-10, and 52.215-36 to

accommodate the use of electronic systems which batch-process

communications overnight and, therefore, require receipt of information

one day in advance to ensure timely delivery to the designated address.

--Revision of paragraph (a) of section 14.205-1 to eliminate the

requirement [[Page 12385]] for establishment of solicitation mailing

lists when using electronic commerce methods which transmit

solicitations or presolicitation notices automatically to all

interested sources participating in electronic contracting with the

purchasing activity.

--Addition of new regulations at 14.406 and 15.607(d) to establish

procedures for handling unreadable electronic bids and proposals.

This proposed rule and the proposed rule published under FAR Case

94-770, Simplified Acquisition Procedures/FACNET, are interdependent

and are meant to be considered jointly.

B. Regulatory Flexibility Act

The proposed rule is expected to have a positive 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

encourages broader use of electronic contracting, thereby improving

industry access to Federal contracting opportunities. An Initial

Regulatory Flexibility Analysis (IRFA) has been prepared and may be

obtained from the FAR Secretariat. A copy of the IRFA has been

submitted to the Chief Counsel for Advocacy of the Small Business

Administration. Comments are invited from small businesses and other

interested parties. Comments from small entities concerning the

affected FAR parts will also be considered in accordance with 5 U.S.C.

610. Such comments must be submitted separately and should cite 5

U.S.C. 601 et seq. (FAR case 91-104) in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the proposed

rule does not impose any information collection requirements which

require the approval of the Office of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 2, 4, 5, 7, 8, 9, 12, 14, 15, 16,

32, 45, 52, and 53:

Government procurement.

Dated: February 21, 1995.

C. Allen Olson,

Director, Office of Federal Acquisition Policy.

Therefore, it is proposed that 48 CFR Parts 2, 4, 5, 7, 8, 9, 12,

14, 15, 16, 32, 45, 52, and 53 be amended as set forth below:

1. The authority citation for 48 CFR Parts 2, 4, 5, 7, 8, 9, 12,

14, 15, 16, 32, 45, 52, and 53 continues to read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42

U.S.C. 2473(c).

PART 2--DEFINITIONS OF WORDS AND TERMS

2. Section 2.101 is amended by adding, in alphabetical order, the

definitions, ``In writing'' or ``written'' and ``Signature'' or

``signed'' to read as follows:

2.101 Definitions.

* * * * *

In writing or written means any worded or numbered expression which

can be read, reproduced, and later communicated, and includes

electronically transmitted and stored information.

* * * * *

Signature or signed means the discrete, verifiable symbol of an

individual which, when affixed to a writing with the knowledge and

consent of the individual, indicates a present intention to

authenticate the writing. This includes electronic symbols.

* * * * *

PART 4--ADMINISTRATIVE MATTERS

3. Section 4.101 is revised to read as follows:

4.101 Contracting officer's signature.

Only contracting officers shall sign contracts on behalf of the

United States. The contracting officer's name and official title shall

be typed, stamped, or printed on the contract. The contracting officer

normally signs the contract after it has been signed by the contractor.

The contracting officer shall ensure that the signer(s) have authority

to bind the contractor (see specific requirements in 4.102 of this

subpart).

4.201 [Amended]

4. Section 4.201 is amended in paragraph (a) by removing the

parenthetical ``(see 4.101(b)),''; in paragraph (b)(1) by removing the

parenthetical ``stamped `DUPLICATE ORIGINAL,' see 4.101(b))''; and in

paragraph (d) by revising the parenthetical to read ``(see

30.601(b))''.

5. Section 4.500, as proposed to be added in FAR Case 94-770

published elsewhere in this issue of the Federal Register, is amended

by adding, in alphabetical order, definitions for ``Electronic

commerce'' and ``Electronic data interchange'' to read as follows:

4.500 Definitions.

Electronic commerce means a paperless process including electronic

mail, electronic bulletin boards, electronic funds transfer, electronic

data interchange, and similar techniques for accomplishing business

transactions. The use of terms commonly associated with paper

transactions (e.g., ``copy'', ``document'', ``page'', ``printed'',

``sealed envelope'' and ``stamped'') shall not be interpreted to

restrict the use of electronic commerce.

Electronic data interchange means a technique for electronically

transferring and storing formatted information between computers

utilizing established and published formats and codes, as authorized by

the applicable Federal Information Processing Standards.

PART 5--PUBLICIZING CONTRACT ACTIONS

6. Section 5.101 is amended by adding a new last sentence to

paragraph (a)(2) introductory text and by adding paragraph (a)(2)(iv)

to read as follows:

5.101 Methods of disseminating information.

* * * * *

(a) * * *

(2) * * * Electronic dissemination available to the public at the

contracting office may be used to satisfy the public display

requirement.

* * * * *

(iv) Contracting offices utilizing electronic systems for public

posting shall periodically publicize the methods for accessing such

information.

* * * * *

7. Section 5.102(a)(4)(i) is revised to read as follows:

5.102 Availability of solicitations.

(a) * * *

(4) * * *

(i) A copy of the solicitation and specifications. In the case of

solicitations disseminated by electronic data interchange,

solicitations may be furnished directly to the electronic address of

the small business concern;

* * * * *

8. Section 5.207 is amended by adding a new paragraph (c)(2)(xvi)

to read as follows:

5.207 Preparation and transmittal of synopses.

* * * * *

(c) * * *

(2) * * *

(xvi) If the solicitation will be made available to interested

parties through electronic data interchange, provide any information

necessary to obtain and respond to the solicitation electronically.

* * * * *

PART 7--ACQUISITION PLANNING

7.304 [Amended]

9. Section 7.304(b)(3) is amended in the first sentence by adding

``, or [[Page 12386]] electronic equivalent,'' after the word

``envelope''.

10. Section 7.306(a)(1)(i) is revised to read as follows:

7.306 Evaluation.

* * * * *

(a)(1) * * *

(i) Open the sealed cost comparison on which the cost estimate for

Government performance has been entered;

* * * * *

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES

11. Section 8.405-2 is amended by revising the first sentence of

the introductory text to read as follows:

8.405-2 Order placement.

Ordering offices may use Optional Form 347, an agency-prescribed

form, or an established electronic communications format to order items

from schedules and shall place orders directly with the contractor

within the limitations specified in each schedule. * * *

* * * * *

8.705-3 [Amended]

12. Section 8.705-3(a) is amended in the first sentence by removing

the word ``letter'' and inserting ``written'' in its place.

PART 9--CONTRACTOR QUALIFICATIONS

9.206-3 [Amended]

13. Section 9.206-3(b) is amended in the first sentence by removing

``requested copies of the solicitation'' and inserting ``expressed

interest in the acquisition'' in its place.

PART 12--CONTRACT DELIVERY OR PERFORMANCE

14. Section 12.103(e) is revised to read as follows:

12.103 Supplies or services.

* * * * *

(e) In invitations for bids, if the delivery schedule is based on

the date of the contract, and a bid offers delivery based on the date

the contractor receives the contract or notice of award, the

contracting officer shall evaluate the bid by adding 5 calendar days

(as representing the normal time for arrival through ordinary mail). If

the contract or notice of award will be transmitted electronically, (1)

the solicitation shall so state; and (2) the contracting officer shall

evaluate delivery schedule based on the date of contract receipt or

notice of award, by adding one working day. (The term ``working day''

excludes weekends and U.S. Federal holidays.) If the offered delivery

date computed with mailing or transmittal time is later than the

delivery date required by the invitation for bids, the bid shall be

considered nonresponsive and rejected. If award is made, the delivery

date will be the number of days offered in the bid after the contractor

actually receives the notice of award.

PART 14--SEALED BIDDING

15. Section 14.201-6(e)(1) is revised to read as follows:

14.201-6 Solicitation provisions.

* * * * *

(e) * * *

(1) 52.214-9, Failure to Submit Bid, except when using electronic

data interchange methods not requiring solicitation mailing lists; and

* * * * *

14.202-1 Bidding time.

16. Section 14.202-1(b)(6) is amended by removing the word

``mailing'' and inserting ``transmittal'' in its place.

17. Section 14.202-2(a)(1) is revised to read as follows:

14.202-2 Telegraphic bids.

(a) * * *

(1) The date for the opening of bids will not allow bidders

sufficient time to submit bids in the prescribed format; or

* * * * *

18. Section 14.202-8 is added to read as follows:

14.202-8 Electronic bids.

In accordance with Subpart 4.5, contracting officers may authorize

use of electronic commerce for submission of bids. If electronic bids

are authorized, the solicitation shall specify the electronic commerce

method(s) that bidders may use.

19. Section 14.203-1 is revised to read as follows:

14.203-1 Transmittal to prospective bidders.

Invitations for bids or presolicitation notices shall be

transmitted as specified in 14.205, and shall be provided to others in

accordance with 5.102. When a contracting office is located in the

United States, any solicitation sent to a prospective bidder located at

a foreign address shall be sent by electronic data interchange or

international air mail if security classification permits.

20. Section 14.205-1(a) is revised to read as follows:

14.205-1 Establishment of lists.

(a) Solicitation mailing lists shall be established by contracting

activities to assure access to adequate sources of supplies and

services. This rule need not be followed, however, when (1) the

requirements of the contracting office can be obtained through use of

the simplified acquisition procedures (see Part 13), (2) the

requirements are nonrecurring, or (3) electronic commerce methods are

used which transmit solicitations or presolicitation notices

automatically to all interested sources participating in electronic

contracting with the purchasing activity. Lists may be established as a

central list for use by all contracting offices within the contracting

activity, or as local lists maintained by each contracting office.

* * * * *

21. Section 14.209(b) is amended by adding a second sentence to

read as follows:

14.209 Cancellation of invitations before opening.

* * * * *

(b) * * * For bids received electronically, the data received shall

not be viewed and shall be purged from primary and backup data storage

systems.

* * * * *

22. Section 14.301 is amended by adding paragraph (e) to read as

follows:

14.301 Responsiveness of bids.

(e) Bids submitted by electronic commerce shall be considered only

if the electronic commerce method was specifically stipulated or

permitted by the solicitation.

23. Section 14.303 is amended by revising the first sentence of

paragraph (a) and adding (c) to read as follows:

14.303 Modification or withdrawal of bids.

(a) Bids may be modified or withdrawn by any method authorized by

the solicitation, if notice is received in the office designated in the

solicitation not later than the exact time set for opening of bids. * *

*

* * * * *

(c) Upon withdrawal of an electronically transmitted bid, the data

received shall not be viewed and shall be purged from primary and

backup data storage systems.

24. Section 14.304-1 is amended by removing the word ``either'' at

the end of the paragraph (a) introductory text, by removing the world

``or'' at the end of paragraph (a)(2), by removing the period at the

end of paragraph (a)(3) and inserting ''; or'' in its place, and by

adding paragraph (a)(4) to read as follows:

14.304-1 General.

* * * * * [[Page 12387]]

(a) * * *

(4) It was transmitted through an electronic commerce method

authorized by the solicitation and was received by the Government not

later than 5:00 PM one working day prior to the date specified for

receipt of bids.

* * * * *

25. Section 14.401(a) is amended by revising the second sentence to

read as follows:

14.401 Receipt and safeguarding of bids.

(a) * * * Except as provided in paragraph (b) of this section, the

bids shall not be opened or viewed, and shall remain in a locked bid

box, a safe, or in a secured, restricted-access electronic bid box. * *

*

* * * * *

26. Section 14.402-3(a)(1) is revised to read as follows:

14.402-3 Postponement of openings.

(a) * * *

(1) The contracting officer has reason to believe that the bids of

an important segment of bidders have been delayed in the mails, or in

the communications system specified for transmission of bids, for

causes beyond their control and without their fault or negligence

(e.g., flood, fire, accident, weather conditions, strikes, or

Government equipment blackout or malfunction when bids are due); or

* * * * *

14.406 through 14.408 [Redesignated as 14.407 through 14.409; new

14.406 added.]

27. Sections 14.406, 14.406-1 through 14.406-4; 14.407, 14.407-1

through 14.407-8; and 14.408, 14.408-1 and 14.408-2 are redesignated as

14.407, 14.407-1 through 14.407-4; 14.408, 14.408-1 through 14.408-8;

and 14.409, 14.409-1 and 14.409-2, respectively, and a new section

14.406 is added to read as follows:

14.406 Receipt of an unreadable electronic bid.

If a bid received at the Government facility by electronic data

interchange is unreadable to the degree that conformance to the

essential requirements of the invitation for bids cannot be

ascertained, the contracting officer immediately shall notify the

bidder that the bid will be rejected unless the bidder provides clear

and convincing evidence--

(a) Of the content of the bid as originally submitted; and

(b) That the unreadable condition of the bid was caused by

Government software or hardware error, malfunction, or other Government

mishandling.

27A. Section 14.407-2 is amended by adding paragraph (c) to read as

follows:

14.407-2 Apparent clerical mistakes.

* * * * *

(c) Correction of bids submitted by electronic data interchange

shall be effected by including in the electronic solicitation file the

original bid, the verification request, and the bid verification.

PART 15--CONTRACTING BY NEGOTIATION

28. Section 15.402 is amended by adding paragraph (k) to read as

follows:

15.402 General.

* * * * *

(k) In accordance with Subpart 4.5, contracting officers may

authorize use of electronic commerce for submission of offers. If

electronic offers are authorized, the solicitation shall specify the

electronic commerce method(s) that offerors may use.

29. Section 15.407(d)(3) is revised to read as follows:

15.407 Solicitation provisions.

* * * * *

(d) * * *

(3) Insert in RFP's the provision at 52.215-15, Failure to Submit

Offer, except when using electronic data interchange methods not

requiring solicitation mailing lists; and

* * * * *

30. Section 15.410(b) is revised to read as follows:

15.410 Amendment of solicitations before closing date.

* * * * *

(b) The contracting officer shall determine if the closing date

needs to be changed when amending a solicitation. If the time available

before closing is insufficient, prospective offerors or quoters shall

be notified by electronic data interchange, telegram, or telephone of

an extension of the closing date. Telephonic and telegraphic notices

shall be confirmed in the written amendment to the solicitation. The

contracting officer shall not award a contract unless any amendments

made to an RFP have been issued in sufficient time to be considered by

prospective offerors.

* * * * *

31. Section 15.412 is amended by revising the heading and adding

paragraph (h) to read as follows:

15.412 Late proposals, modifications, and withdrawals of proposals.

* * * * *

(h) Upon withdrawal of an electronically transmitted proposal, the

data received shall not be viewed and shall be purged from primary and

backup data storage systems.

32. Section 15.607 is amended by adding paragraph (d) to read as

follows:

15.607 Disclosure of mistakes before award.

* * * * *

(d) If a proposal received at the Government facility in electronic

format is unreadable to the degree that conformance to the essential

requirements of the solicitation cannot be ascertained from the

document, the contracting officer immediately shall notify the offeror

and provide the opportunity for the offeror to submit clear and

convincing evidence--

(1) Of the content of the proposal as originally submitted; and

(2) That the unreadable condition of the proposal was caused by

Government software or hardware error, malfunction, or other Government

mishandling.

14.407-1, 14.407-3, 14.407-4, 14.408-6, 14.409, 15.607,

15.608 [Amended]

33. In addition to the amendments set forth above, newly-

redesignated sections 14.407 through 14.409, 15.607, and 15.608 are

further amended by updating the internal references as follows:

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

Section Remove Insert

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

14.407-1.................................... 14.406 14.407

14.407-3 intro. text........................ 14.406-3 14.407-3

14.406-2 14.407-2

14.407-3 (e), (h) & (i)..................... 14.406-3 14.407-3

14.407-4(f)................................. 14.406-4 14.407-4

14.408-6(c)................................. 14.407-6 14.408-6

14.409-2.................................... 14.408-1 14.409-1

15.607(a)................................... 14.406 14.407

15.608(c)................................... 14.407-3 14.408-3

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

PART 16--TYPES OF CONTRACTS

34. Section 16.506(c) is revised to read as follows:

16.506 Ordering.

* * * * *

(c) Orders may be placed by electronic commerce methods when

permitted under the contract.

* * * * *

PART 32--CONTRACTING FINANCING

35. Section 32.503-1(b) is revised to read as follows:

32.503-1 Contractor requests.

* * * * *

(b) Comply with the instructions appropriate to the applicable

form, and the contract terms; and

* * * * * [[Page 12388]]

PART 45--GOVERNMENT PROPERTY

36. Section 45.606-5 is amended by revising in paragraphs (b) (3)

and (4) to read as follows:

45.606-5 Instructions for preparing and submitting schedules of

contractor inventory.

* * * * *

(b) * * *

(3) The standard inventory schedule forms may be electronically

reproduced by contractors pursuant to 53.105, provided no change is

made to the name, content or sequence of the data elements. All

essential elements of data must be included and the form must be

signed.

(4) The appropriate continuation sheet shall be used when more

space is needed.

* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

37. Section 52.212-1 is amended by revising the date in the heading

of the clause and the fourth sentence in paragraph (b), and removing

``(R 7-104.92(b) 1974 APR)'', ``(R 1-1.316-5)'' and ``(R 1-1.316-

4(c))'' after ``(End of clause)'' to read as follows:

52.212-1 Time of Delivery.

* * * * *

TIME OF DELIVERY (DATE)

* * * * *

(b) * * * However, the Government will evaluate an offer that

proposes delivery based on the Contractor's date of receipt of the

contract or notice of award by adding (i) five calendar days for

delivery of the award though the ordinary mails, or (ii) one working

day if the solicitation states that the contract or notice of award

will be transmitted electronically. (The term ``working day''

excludes weekends and U.S. Federal holidays.) * * *

(End of clause)

* * * * *

38. Section 52.212-2 is amended by revising the date in the heading

of the clause and the fourth sentence in paragraph (b), and removing

``(R 7-104.92(c) 1974 APR)'', ``(R 1-1.316-5(c))'' and ``(R 1-1.316-

4(c))'' following ``(End of clause)'' to read as follows:

52.212-2 Desired and Required Time of Delivery.

* * * * *

DESIRED AND REQUIRED TIME OF DELIVERY (DATE)

* * * * *

(b) * * * However, the Government will evaluate an offer that

proposes delivery based on the Contractor's date of receipt of the

contract or notice of award by adding (i) five calendar days for

delivery of the award through the ordinary mails, or (ii) one

working day if the solicitation states that the contract or notice

of award will be transmitted electronically. (The term ``working

day'' excludes weekends and U.S. Federal holidays.) * * *

(End of clause)

* * * * *

39. Section 52.214-5 is amended by revising the date in the heading

of the provision and adding paragraph (d) to read as follows:

52.214-5 Submission of Bids.

* * * * *

SUBMISSION OF BIDS (DATE)

* * * * *

(d) Bids submitted by electronic commerce shall be considered

only if the electronic commerce method was specifically stipulated

or permitted by the solicitation.

40. Section 52.214-7 is amended by revising the date in the

provision heading, at the end of paragraph (a)(2) by removing ``or,''

at the end of paragraph (3) by removing the period and inserting ``;

or'' in its place, and adding paragraph (4) to read as follows:

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.

* * * * *

LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (DATE)

(a) * * *

(4) Was transmitted through an electronic commerce method

authorized by the solicitation and was received by the government

not later than 5:00 PM, one working day prior to the date specified

for receipt of bids.

* * * * *

(End of provision)

41. Section 52.214-9 is amended by revising the introductory text,

the date in the heading of the provision, the second sentence of the

provision, and removing ``(R SF 33A, Para 6, 1978 JAN)'' after ``(End

of provision)'' to read as follows:

52.214-9 Failure to Submit Bid.

As prescribed in 14.201-6(e)(1), insert the following provision in

invitations for bids:

FAILURE TO SUBMIT BID (DATE)

* * * Instead, they should advise the issuing office by letter,

postcard, or established electronic commerce methods, whether they

want to receive future solicitations for similar requirements. * * *

(End of provision)

42. Section 52.214-23 is amended by revising the date in the

heading of the provision, at the end of paragraph (3) by removing the

period and adding ``or'' in its place, redesignating paragraph (4) as

(5), and adding a new paragraph (4) to read as follows:

52.214-23 Late Submissions, Modifications, and Withdrawals of

Technical Proposals Under Two-Step Sealed Bidding.

* * * * *

LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF TECHNICAL PROPOSALS

UNDER TWO-STEP SEALED BIDDING (DATE)

(a) * * *

(4) Was transmitted through an electronic commerce method

authorized by the solicitation and was received by the Government

not later than 5:00 PM one working day prior to the date specified

for receipt of technical proposals; or

* * * * *

43. Section 52.214-32 is amended by revising the date in the

heading of the provision and paragraph (a) to read as follows:

52.214-32 Late Submissions, Modifications, and Withdrawals of Bids

(Overseas).

* * * * *

LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (OVERSEAS)

(DATE)

(a) Any bid received at the office designated in the

solicitation after the exact time specified for receipt will not be

considered unless it is received before award is made and it--

(1) Was sent by mail or, if authorized by the solicitation, was

sent by telegram or via facsimile, and it is determined by the

Government that the late receipt was due solely to mishandling by

the Government after receipt at the Government installation; or

(2) Was transmitted through an electronic commerce method

authorized by the solicitation and was received by the Government

not later than 5:00 p.m. one working day prior to the date specified

for receipt of bids. The term ``working day'' excludes weekends and

U.S. Federal holidays.

* * * * *

44. Section 52.214-33 is amended by revising the date in the

heading of the provision, at the end of paragraph (a)(1) by removing

the word ``or'', redesignating paragraph (2) as (3), and adding a new

paragraph (2) to read as follows:

52.214-33 Late Submissions, Modifications, and Withdrawals of

Technical Proposals Under Two-Step Sealed Bidding (Overseas).

* * * * *

LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF TECHNICAL PROPOSALS

UNDER TWO-STEP SEALED BIDDING (OVERSEAS) (DATE)

(a) * * *

(2) Was transmitted through an electronic commerce method

authorized by the solicitation and was received by the Government

not later than 5:00 p.m. one [[Page 12389]] working day prior to the

date specified for receipt of technical proposals. The term

``working day'' excludes weekends and U.S. Federal holidays; or

* * * * *

45. Section 52.215-9 is amended by revising the date in the

provision heading, redesignating paragraph (d) as (e), and adding a new

paragraph (d) to read as follows:

52.215-9 Submission of Offers.

* * * * *

SUBMISSION OF OFFERS (DATE)

* * * * *

(d) Offers submitted by electronic commerce shall be considered

only if the electronic commerce method was specifically stipulated

or permitted by the solicitation.

* * * * *

46. Section 52.215-10 is amended by revising the introductory text

and the date in the provision heading, at the end of (a)(3) by removing

the word ``or'', redesignating paragraph (4) as (5), and adding a new

paragraph (4) to read as follows:

52.215-10 Late Submissions, Modifications, and Withdrawals of

Proposals.

As prescribed in 15.407(c)(6), insert the following provision:

LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS (DATE)

(a) * * *

(4) Was transmitted through an electronic commerce method

authorized by the solicitation and was received by the Government

not later than 5:00 p.m. one working day prior to the date specified

for receipt of proposals; or

* * * * *

47. Section 52.215-15 is revised to read as follows:

52.215-15 Failure to Submit Offer.

As prescribed in 15.507(d)(3), insert the following provision:

FAILURE TO SUBMIT OFFER (DATE)

Recipients of this solicitation not responding with an offer

should not return this solicitation, unless it specifies otherwise.

Instead, they should advise the issuing office by letter, postcard,

or established electronic commerce methods, whether they want to

receive future solicitations for similar requirements. If a

recipient does not submit an offer and does not notify the issuing

office that future solicitations are desired, the recipient's name

may be removed from the applicable mailing list.

(End of provision)

48. Section 52.215-36 is amended by revising the date in the

provision heading, at the end of paragraph (a)(1) by removing the word

``or'', redesignating paragraph (2) as (3), and adding a new paragraph

(2) to read as follows:

52.215-36 Late Submissions, Modifications, and Withdrawals of

Proposals (Overseas).

* * * * *

LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS

(OVERSEAS) (DATE)

(a) * * *

(2) Was transmitted through an electronic commerce method

authorized by the solicitation and was received by the Government

not later than 5:00 p.m. one working day prior to the date specified

for receipt of proposals; or

* * * * *

(End of provision)

52.223-3 [Amended]

49. Section 52.223-3, Alternate I, is amended by removing ``(NOV

1991)'' and inserting ``(DATE)'' in its place, and in the second

sentence of paragraph (i)(1) by removing the word ``mail'' and

inserting ``transmit'' in its place.

50. Section 52.242-12 is amended by revising the date in the clause

heading and everything after the first sentence of the clause to read

as follows:

52.242-12 Report of Shipment (REPSHIP).

* * * * *

REPORT OF SHIPMENT (REPSHIP) (DATE)

* * * The Government bill of lading, commercial bill of lading

or letter or other document that contains all of the following shall

be addressed and sent promptly to the receiving transportation

officer by United States mail or authorized electronic commerce

method.

(End of clause)

51. Section 52.242-13 is amended by revising the date in the clause

and the first sentence of the clause to read as follows:

52.242-13 Bankruptcy.

* * * * *

BANKRUPTCY (DATE)

In the event the Contractor enters into proceedings relating to

bankruptcy, whether voluntary or involuntary, the Contractor agrees

to furnish, by certified mail or electronic commerce method

authorized by the contract, written notification of the bankruptcy

to the Contracting Officer responsible for administering the

contract. * * *

52. Section 52.247-48 is amended by revising the introductory text,

the date in the clause heading, redesignating the introductory text of

the clause and paragraphs (a), (b), and (c) as (a), (1), (2), and (3),

respectively, adding new paragraph (b), and removing ``(R 7-104.76 1968

JUN)'' after ``(End of clause)'' to read as follows:

52.247-48 F.o.b. Destination--Evidence of Shipment.

As prescribed in 47.305-4(c), insert the following clause:

F.O.B. DESTINATION--EVIDENCE OF SHIPMENT (DATE)

* * * * *

(b) Electronic transmission of the information required by

paragraph (a) of this clause is acceptable.

(End of clause)

PART 53--FORMS

53. Section 53.105 is revised to read as follows:

53.105 Computer generation.

(a) Agencies may computer-generate the Standard and Optional Forms

prescribed in the FAR without exception approval (see 53.103),

provided:

(1) the form is in an electronic format that complies with Federal

Information Processing Standards, or

(2) there is no change to the name, content, or sequence of the

data elements, and the form carries the Standard or Optional Form

number and edition date.

(b) The forms prescribed by this regulation may be computer

generated by the public. Unless prohibited by agency regulations, forms

prescribed by agency FAR supplements may also be computer generated by

the public. Computer generated forms shall either comply with Federal

Information Processing Standards or shall retain the name, content, or

sequence of the data elements, and shall carry the Standard or Optional

Form or agency number and edition date (see 53.111).

[FR Doc. 95-4698 Filed 3-3-95; 8:45 am]

BILLING CODE 6820-34-M