# 75 FR 54560: Federal Acquisition Regulation; Clarification of Standard Form 26-Award/Contract > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-22346 ## Section - **Citation:** 75 FR 54560 - **Heading:** Federal Acquisition Regulation; Clarification of Standard Form 26-Award/Contract - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 75 / 75 FR 54560 ## Text DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 53 [FAR Case 2009-029; 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: Proposed rule. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise (a) the header for blocks 17 and 18 and (b) block 18 of the Standard Form (SF) 26 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: Interested parties should submit written comments to the Regulatory Secretariat on or before November 8, 2010 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAR Case 2009-029 by any of the following methods: • Regulations.gov: http://www.regulations.gov . Submit comments via the Federal eRulemaking portal by inputting “FAR Case 2009-029” under the heading “Enter Keyword or ID” and selecting “Search”. Select the link “Submit a Comment” that corresponds with “FAR Case 2009-029”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “FAR Case 2009-029” on your attached document. • Fax: 202-501-4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Hada Flowers, 1800 F Street, NW., Room 4041, Washington, DC 20405. Instructions: Please submit comments only and cite FAR Case 2009-029, in all correspondence related to this case. All comments received will be posted without change to http://www.regulations.gov , including any personal and/or business confidential information provided. 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 FAR Case 2009-029. SUPPLEMENTARY INFORMATION: A. Background This case was initiated after an agency identified an inconsistency in the use of the SF 26 by contracting officers. Although block 18 of the form is intended for use only with sealed-bid procurements, contracting officers have used block 18 with negotiated procurements, which has had unintended negative consequences in certain contract disputes. 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. This case is based on instances where contracting officers have mistakenly checked block 18 when awarding negotiated, not sealed bid, contracts. Such use has created the potential for disputes in situations where the Government's intent was not to accept the terms of the offer in its entirety, as the current wording of block 18 may imply. The Councils believe that revising the header for blocks 17 and 18 and block 18 of the form will eliminate the issue. In addition to the recent enhancements to the instructions for use of the form, at FAR 53.214 and 53.215-1, the Councils propose to add “sealed bid” to the title of block 18, change “offer” to “bid” each time it occurs in block 18, and add a new sentence at the end of the block stating that block 18 should only be checked when awarding a sealed-bid contract. These changes will not prohibit the use of the SF 26 for awarding negotiated procurements; it will only prohibit the use of block 18 of the SF 26 when awarding negotiated procurements. This is not a significant regulatory action and, therefore, was not subject to review under Section 6 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. B. Regulatory Flexibility Act 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 Flexibility Act, 5 U.S.C. 601, et seq. , because the rule does not impose any additional requirements on small businesses, but rather clarifies an area open to confusion. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. The Councils will consider comments from small entities concerning the affected FAR part 53 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (FAR Case 2009-029), in all correspondence. The Councils will also consider comments from small entities concerning the existing regulations in parts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2009-029), in all correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes to the FAR do not impose information collection requirements that require the approval of the Office of Management et seq. List of Subjects in 48 CFR Part 53 Government procurement. Dated: August 27, 2010. Edward Loeb, Director, Acquisition Policy Division. Therefore, DoD, GSA, and NASA propose amending 48 CFR part 53 as set forth below: PART 53—FORMS 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] 2. Amend section 53.214 in paragraph (a) by removing “SF 26 (APR 2008)” and adding “SF 26 (Date)” in its place. § 53.215-1 [Amended] 3. Amend section 53.215-1 in paragraph (a) by removing “SF 26 (APR 2008)” and adding “SF 26 (Date)” in its place. [FR Doc. 2010-22346 Filed 9-7-10; 8:45 am] BILLING CODE 6820-EP-S ## Nearby sections - [75 FR 94 Amendments to the Section 7216 Regulations-Disclosure or Use of Information by Preparers of Returns](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31114.md) - [75 FR 186 Energy Conservation Program: Test Procedures for Walk-In Coolers and Walk-In Freezers](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-30884.md) - [75 FR 262 Airworthiness Directives; Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31289.md) - [75 FR 316 Endangered and Threatened Wildlife; 90-Day Finding on a Petition to List the Insular Population of Hawaiian False Killer Whales as an Endangered Species](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31297.md) - [75 FR 1555 National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances (Crops)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-165.md) - [75 FR 1574 Endangered and Threatened Wildlife and Plants; 12-month Finding on a Petition To Revise Critical Habitat for the Florida Manatee (Trichechus manatus latirostris)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-325.md) - [75 FR 1731 Airworthiness Directives; Sicma Aero Seat 9140, 9166, 9173, 9174, 9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C3, 91C4, 91C5, and 9301 Series Passenger Seat Assemblies; and Sicma Aero Seat 9501311-05, 9501301-06, 9501311-15, 9501301-16, 9501441-30, 9501441-33, 9501311-55, 9501301-56, 9501441-83, 9501441-95, 9501311-97, and 9501301-98 Passenger Seat Assemblies; Installed on Various Transport Category Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-484.md) - [75 FR 2457 Defense Federal Acquisition Regulation Supplement; Business Systems-Definition and Administration (DFARS Case 2009-D038)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-392.md) - [75 FR 2466 State Highway-Rail Grade Crossing Action Plans](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-684.md) - [75 FR 2821 Personnel Records](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-809.md) - [75 FR 3182 Intake Screening](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-878.md) - [75 FR 3434 Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Amendment 3](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-1084.md) - [75 FR 3666 Basis Reporting by Securities Brokers and Basis Determination for Stock; Correction](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-1122.md) - [75 FR 3668 Conditional Approval and Promulgation of State Implementation Plans; Ohio; Carbon Monoxide and Volatile Organic Compounds](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-1223.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-22346. Check the current official text before relying on it. Not legal advice.