Federal Acquisition Regulation; FAR Case 2006-011, Representations and Certifications - Tax Delinquency, 15093-15094 [07-1558]
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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules
electronically, (2) by facsimile, or (3) by
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this notice (Docket No. OSHA–2007–
0021). Because of security-related
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Authority
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This notice was prepared under the
direction of Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for
Occupational Safety and Health. It is
issued under Sections 4 and 8 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 657), and Secretary
of Labor’s Order No. 5–2002 (67 FR
65008).
Signed at Washington, DC on this 26th day
of March, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E7–5871 Filed 3–29–07; 8:45 am]
BILLING CODE 4510–26–P
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18:43 Mar 29, 2007
Jkt 211001
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 9 and 52
[FAR Case 2006–011; Docket 200-0001;
Sequence 6]
RIN 9000–AK73
Federal Acquisition Regulation; FAR
Case 2006–011, Representations and
Certifications - Tax Delinquency
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
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
change the provision regarding
certification regarding debarment,
suspension, proposed debarment, and
other responsibility matters, and to
make changes to the language regarding
contractor qualifications, to add
language regarding nonpayment of
taxes. This proposed rule requires
offerors to also certify whether or not
they have, within a three-year period
preceding the offer, been convicted of or
had a civil judgment rendered against
them for violating any tax law or failing
to pay any tax, or been notified of any
delinquent taxes for which the liability
remains unsatisfied. In addition, the
offeror will be required to certify
whether or not they have received a
notice of a tax lien filed against them for
which the liability remains unsatisfied
or the lien has not been released.
DATES: Interested parties should submit
written comments to the FAR
Secretariat on or before May 29, 2007 to
be considered in the formulation of a
final rule.
ADDRESSES: Submit comments
identified by FAR case 2006–011 by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search for any
document by first selecting the proper
document types and selecting ‘‘Federal
Acquisition Regulation’’ as the agency
of choice. At the ‘‘Keyword’’ prompt,
type in the FAR case number (for
example, FAR Case 2006–001) and click
on the ‘‘Submit’’ button. Please include
any personal and/or business
information inside the document.You
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15093
may also search for any document by
clicking on the ‘‘’’Advanced search/
document search’’ tab at the top of the
screen, selecting from the agency field
‘‘Federal Acquisition Regulation ’’, and
typing the FAR case number in the
keyword field. Select the ‘‘Submit’’
button.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW, Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAR case 2006–011 in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
Mr.
William Clark, Procurement Analyst, at
(202) 219–1813 for clarification of
content. For information pertaining to
status or publication schedules, contact
the FAR Secretariat at (202) 501–4755.
Please cite FAR case 2006–011.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
A. Background
Offerors are currently required to
certify whether or not, within a threeyear period preceding an offer, they
have been convicted of or had a civil
judgment rendered against them for tax
evasion or are presently indicted for, or
otherwise criminally or civilly charged
with, the commission of tax evasion.
This proposed rule requires offerors to
also certify whether or not they have,
within a three-year period preceding the
offer, been convicted of or had a civil
judgment rendered against them for
violating any tax law or failing to pay
any tax, or been notified of any
delinquent taxes for which the liability
remains unsatisfied. The offeror also
will be required to certify whether or
not they have received a notice of a tax
lien filed against them for which the
liability remains unsatisfied or the lien
has not been released. The additional
certifications are needed to identify
prospective offerors that may have
outstanding tax obligations that may be
delinquent so that the Government can
make an informed responsibility
determination, as necessary. If an offeror
certifies that any of these conditions
exist, the contracting officer may ask the
offeror for additional information
related to the obligation to evaluate the
offeror’s ability to perform under the
contract. In accordance with FAR 1.107,
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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules
the new certification must be approved
by the Administrator for the Office of
Federal Procurement Policy before a
final rule can be issued.
In FAR 9.105–1 a cross reference is
made to FAR 9.408 which describes
additional actions contracting officers
may take. In FAR 9.408 the language
referring to the certifications at FAR
52.209–5 and 52.212–3 is simplified. In
FAR 9.406–2 and 9.407–2, the following
additional causes for debarment or
suspension are added: delinquent taxes;
unresolved tax liens; and a conviction of
or civil judgment for violating tax laws
or failing to pay taxes. The nonpayment
of taxes is not restricted to Federal
taxes, but may relate to any taxing
entity. The focus of ‘‘delinquent taxes’’
is on taxes which are still unpaid: the
affirmative certification is required after
the taxpaying offeror is notified that the
taxes are delinquent, for taxes which
remain unpaid as of the date of
certification.
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.
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 most
prospective offerors pay their tax
liabilities.
An Initial Regulatory Flexibility
Analysis has, therefore, not been
performed. We invite comments from
small businesses and other interested
parties. The Councils will consider
comments from small entities
concerning the affected FAR Parts 9 and
52 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 2006–011),
in correspondence.
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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
and Budget under 44 U.S.C. 3501, et
seq.
VerDate Aug<31>2005
17:30 Mar 29, 2007
Jkt 211001
List of Subjects in 48 CFR Parts 9 and
52
Government procurement.
Dated: March 26, 2007.
Ralph De Stefano,
Director, Contract Policy Division.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 9 and
52 as set forth below:
1. The authority citation for 48 CFR
parts 9 and 52 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).
a. Revising the date of the clause;
b. Adding to paragraph (a)(1)(i)(B)
‘‘violating tax laws, failing to pay
taxes,’’ after ‘‘tax evasion,’’; and by
removing ‘‘and’’ from the end of the
paragraph;
c. Removing the period from the end
of paragraph (a)(1)(i)(C) and adding a
semicolon in its place; and
d. Adding paragraphs (a)(1)(i)(D)and
(a)(1)(i)(E).
The revised and added text read as
follows:
PART 9—CONTRACTOR
QUALIFICATIONS
52.209–5 Certification Regarding
Debarment, Suspension, Proposed
Debarment, and Other Responsibility
Matters.
9.105–1
*
[Amended]
2. Amend section 9.105–1 in
paragraph (c)(3) by adding ‘‘(including
the certification at 52.209–5 or 52.212–
3(h)—see 9.408)’’ after ‘‘proposal
information,’’.
3. Amend section 9.406–2 in
paragraph (a)(3) by adding ‘‘violating tax
laws, failing to pay taxes,’’ after ‘‘tax
evasion,’’ and by adding paragraph
(b)(1)(v) to read as follows:
9.406–2
Causes for debarment.
*
*
*
*
*
(b)(1) * * *
(v) Delinquent taxes or unresolved tax
liens.
*
*
*
*
*
4. Amend section 9.407–2 paragraph
(a)(3) by adding ‘‘violating tax laws,
failing to pay taxes,’’ after ‘‘tax
evasion,’’; redesignating paragraph (a)(7)
as paragraph (a)(8) and by adding new
paragraph (a)(7); to read as follows:
9.407–2
[Amended]
(a) * * *
(7) Delinquent taxes or unresolved tax
liens.
*
*
*
*
*
5. Amend section 9.408 by revising
the introductory text of paragraph (a) to
read as follows:
9.408 Certification regarding debarment,
suspension, proposed debarment, and
other responsibility matters.
(a) When an offeror provides an
affirmative response in paragraph (a)(1)
of provision 52.209–5 or paragraph (h)
of provision 52.212–3, (e.g., indictment,
conviction, debarment), the contracting
officer shall—
*
*
*
*
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
6. Amend section 52.209–5 by—
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*
*
*
*
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND OTHER
RESPONSIBILITY MATTERS (DATE)
(a)(1) * * *
(i) * * *
(D) Have b have not b, within a
three-year period preceding this offer,
been notified of any delinquent taxes for
which the liability remains unsatisfied;
and
(E) Have b have not b received notice
of a tax lien filed against them for which
the liability remains unsatisfied or the
lien has not been released.
*
*
*
*
*
7. Amend section 52.212–3 by—
a. Revising the date of the clause;
b. Adding to paragraph (h)(2)
‘‘violating tax laws, failing to pay
taxes’’, after ‘‘tax evasion’’; and
c. Adding paragraphs (h)(4) and (h)(5).
The revised and added text read as
follows:
52.212–3 Offeror Representations and
Certifications–Commercial Items.
*
*
*
*
*
OFFEROR REPRESENTATIONS AND
CERTIFICATIONS–COMMERCIAL ITEMS
(DATE)
*
*
*
*
*
(h) * * *
(4) b Have b have not, within a threeyear period preceeding this offer, been
notified of any delinquent taxes for
which the liability remains unsatisfied;
and
(5) b Have b have not received notice
of a tax lien filed against them for which
the liability remains unsatisfied or the
lien has not been released.
*
*
*
*
*
[FR Doc. 07–1558 Filed 3–29–07; 8:45 am]
BILLING CODE 6820–EP–S
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]]>Agencies
[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Proposed Rules]
[Pages 15093-15094]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1558]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 9 and 52
[FAR Case 2006-011; Docket 200-0001; Sequence 6]
RIN 9000-AK73
Federal Acquisition Regulation; FAR Case 2006-011,
Representations and Certifications - Tax Delinquency
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 (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to change the provision regarding
certification regarding debarment, suspension, proposed debarment, and
other responsibility matters, and to make changes to the language
regarding contractor qualifications, to add language regarding
nonpayment of taxes. This proposed rule requires offerors to also
certify whether or not they have, within a three-year period preceding
the offer, been convicted of or had a civil judgment rendered against
them for violating any tax law or failing to pay any tax, or been
notified of any delinquent taxes for which the liability remains
unsatisfied. In addition, the offeror will be required to certify
whether or not they have received a notice of a tax lien filed against
them for which the liability remains unsatisfied or the lien has not
been released.
DATES: Interested parties should submit written comments to the FAR
Secretariat on or before May 29, 2007 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2006-011 by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Search for any document by first selecting the proper document types
and selecting ``Federal Acquisition Regulation'' as the agency of
choice. At the ``Keyword'' prompt, type in the FAR case number (for
example, FAR Case 2006-001) and click on the ``Submit'' button. Please
include any personal and/or business information inside the
document.You may also search for any document by clicking on the
``''Advanced search/document search'' tab at the top of the screen,
selecting from the agency field ``Federal Acquisition Regulation '',
and typing the FAR case number in the keyword field. Select the
``Submit'' button.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2006-
011 in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. William Clark, Procurement
Analyst, at (202) 219-1813 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAR case 2006-011.
SUPPLEMENTARY INFORMATION:
A. Background
Offerors are currently required to certify whether or not, within a
three-year period preceding an offer, they have been convicted of or
had a civil judgment rendered against them for tax evasion or are
presently indicted for, or otherwise criminally or civilly charged
with, the commission of tax evasion. This proposed rule requires
offerors to also certify whether or not they have, within a three-year
period preceding the offer, been convicted of or had a civil judgment
rendered against them for violating any tax law or failing to pay any
tax, or been notified of any delinquent taxes for which the liability
remains unsatisfied. The offeror also will be required to certify
whether or not they have received a notice of a tax lien filed against
them for which the liability remains unsatisfied or the lien has not
been released. The additional certifications are needed to identify
prospective offerors that may have outstanding tax obligations that may
be delinquent so that the Government can make an informed
responsibility determination, as necessary. If an offeror certifies
that any of these conditions exist, the contracting officer may ask the
offeror for additional information related to the obligation to
evaluate the offeror's ability to perform under the contract. In
accordance with FAR 1.107,
[[Page 15094]]
the new certification must be approved by the Administrator for the
Office of Federal Procurement Policy before a final rule can be issued.
In FAR 9.105-1 a cross reference is made to FAR 9.408 which
describes additional actions contracting officers may take. In FAR
9.408 the language referring to the certifications at FAR 52.209-5 and
52.212-3 is simplified. In FAR 9.406-2 and 9.407-2, the following
additional causes for debarment or suspension are added: delinquent
taxes; unresolved tax liens; and a conviction of or civil judgment for
violating tax laws or failing to pay taxes. The nonpayment of taxes is
not restricted to Federal taxes, but may relate to any taxing entity.
The focus of ``delinquent taxes'' is on taxes which are still unpaid:
the affirmative certification is required after the taxpaying offeror
is notified that the taxes are delinquent, for taxes which remain
unpaid as of the date of certification.
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.
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 most prospective offerors pay their tax liabilities.
An Initial Regulatory Flexibility Analysis has, therefore, not been
performed. We invite comments from small businesses and other
interested parties. The Councils will consider comments from small
entities concerning the affected FAR Parts 9 and 52 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 2006-011), in
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 and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 9 and 52
Government procurement.
Dated: March 26, 2007.
Ralph De Stefano,
Director, Contract Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 9 and
52 as set forth below:
1. The authority citation for 48 CFR parts 9 and 52 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).
PART 9--CONTRACTOR QUALIFICATIONS
9.105-1 [Amended]
2. Amend section 9.105-1 in paragraph (c)(3) by adding ``(including
the certification at 52.209-5 or 52.212-3(h)--see 9.408)'' after
``proposal information,''.
3. Amend section 9.406-2 in paragraph (a)(3) by adding ``violating
tax laws, failing to pay taxes,'' after ``tax evasion,'' and by adding
paragraph (b)(1)(v) to read as follows:
9.406-2 Causes for debarment.
* * * * *
(b)(1) * * *
(v) Delinquent taxes or unresolved tax liens.
* * * * *
4. Amend section 9.407-2 paragraph (a)(3) by adding ``violating tax
laws, failing to pay taxes,'' after ``tax evasion,''; redesignating
paragraph (a)(7) as paragraph (a)(8) and by adding new paragraph
(a)(7); to read as follows:
9.407-2 [Amended]
(a) * * *
(7) Delinquent taxes or unresolved tax liens.
* * * * *
5. Amend section 9.408 by revising the introductory text of
paragraph (a) to read as follows:
9.408 Certification regarding debarment, suspension, proposed
debarment, and other responsibility matters.
(a) When an offeror provides an affirmative response in paragraph
(a)(1) of provision 52.209-5 or paragraph (h) of provision 52.212-3,
(e.g., indictment, conviction, debarment), the contracting officer
shall--
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
6. Amend section 52.209-5 by--
a. Revising the date of the clause;
b. Adding to paragraph (a)(1)(i)(B) ``violating tax laws, failing
to pay taxes,'' after ``tax evasion,''; and by removing ``and'' from
the end of the paragraph;
c. Removing the period from the end of paragraph (a)(1)(i)(C) and
adding a semicolon in its place; and
d. Adding paragraphs (a)(1)(i)(D)and (a)(1)(i)(E).
The revised and added text read as follows:
52.209-5 Certification Regarding Debarment, Suspension, Proposed
Debarment, and Other Responsibility Matters.
* * * * *
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND
OTHER RESPONSIBILITY MATTERS (DATE)
(a)(1) * * *
(i) * * *
(D) Have [square] have not [square], within a three-year period
preceding this offer, been notified of any delinquent taxes for which
the liability remains unsatisfied; and
(E) Have [square] have not [square] received notice of a tax lien
filed against them for which the liability remains unsatisfied or the
lien has not been released.
* * * * *
7. Amend section 52.212-3 by--
a. Revising the date of the clause;
b. Adding to paragraph (h)(2) ``violating tax laws, failing to pay
taxes'', after ``tax evasion''; and
c. Adding paragraphs (h)(4) and (h)(5).
The revised and added text read as follows:
52.212-3 Offeror Representations and Certifications-Commercial Items.
* * * * *
OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (DATE)
* * * * *
(h) * * *
(4) [square] Have [square] have not, within a three-year period
preceeding this offer, been notified of any delinquent taxes for which
the liability remains unsatisfied; and
(5) [square] Have [square] have not received notice of a tax lien
filed against them for which the liability remains unsatisfied or the
lien has not been released.
* * * * *
[FR Doc. 07-1558 Filed 3-29-07; 8:45 am]
BILLING CODE 6820-EP-S
