Federal Acquisition Regulation; FAR Case 2006-025, Online Representations and Certifications Application Review, 46359-46360 [07-3800]

Download as PDF Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations from the materials from which it was transformed. * * * * * 12. Amend section 52.225–12 by revising the introductory text of Alternate II to read as follows: I 52.225–12 Notice of Buy American Act Requirement—Construction Materials under Trade Agreements. * * * * * Alternate II ‘‘(AUG 2007)’’. As prescribed in 25.1102(d)(3), add the definition of ‘‘Bahrainian or Mexican construction material’’ to paragraph (a) and substitute the following paragraph (d) for paragraph (d) of the basic provision: * * * * * [FR Doc. 07–3799 Filed 8–16–07; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 23 [FAC 2005–19; FAR Case 2006–025; Item IX; Docket 2007–0001, Sequence 3] RIN 9000–AK76 Federal Acquisition Regulation; FAR Case 2006–025, Online Representations and Certifications Application Review Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. sroberts on PROD1PC70 with RULES AGENCIES: SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to revise the prescription for use of clauses for the use of EPA-designated products and toxic chemical release reporting. DATES: Effective Date: August 17, 2007. Comment Date: Interested parties should submit written comments to the FAR Secretariat on or before October 16, 2007 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAC 2005–19, FAR case 2006–025, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Search for any document by first selecting the proper VerDate Aug<31>2005 16:40 Aug 16, 2007 Jkt 211001 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 2006–025) and click on the ‘‘Submit’’ button. Please include your name and company name (if any) 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 FAC 2005–19, FAR case 2006–025, 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. Ernest Woodson, Procurement Analyst, at (202) 501–3775 for clarification of content. Please cite FAC 2005–19, FAR case 2006–025. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. SUPPLEMENTARY INFORMATION: A. Background FAR Subpart 4.12, Annual Representations and Certifications, prescribes policies and procedures for prospective offerors to submit annual representations via the Online Representations and Certifications Application (ORCA). ORCA, located at http://orca.bpn.gov, eliminates the administrative burden of submitting the same information to various contracting offices and establishes a common source for the Government to obtain the information. FAR 4.1201 requires prospective contractors to complete annual representations and certifications in ORCA (and update them as necessary, but at least annually) in conjunction with their required registration in the Central Contractor Registration (CCR) database. FAR 4.1104 requires (with few exceptions as listed at FAR 4.1102) the use of FAR clause 52.204–7, Central Contractor Registration, which requires the contractor to register in CCR. FAR 4.1202 lists twenty-six representations and certifications that are included in PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 46359 ORCA and are therefore not to be included in solicitations that include the clause at 52.204–7, Central Contractor Registration. Of the twenty-six representations and certifications, the prescriptions for use of two associated clauses, (1) 52.223–9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products, and (2) 52.223–14, Toxic Chemical Release Reporting, were determined to be problematic. The prescriptions for use of the clauses were dependent upon the associated provisions at 52.223–4, Recovered Material Certification, and 52.223–13, Certification of Toxic Chemical Release Reporting, being included in the solicitation. In instances where CCR is required, the annual certification in ORCA applies, and therefore neither provision will be included in the solicitation. Therefore, when applicable to the resultant contract, the Government may fail to include the associated clause because the provision was not included in the solicitation. Failure to include the clause may preclude receipt of information or certification required by statute. This interim rule amends FAR 23.406 and 23.906, both titled Solicitation provision and contract clause, to revise the prescriptions for the use of 52.223– 9 and 52.223–14 to provide for use under the same circumstances as the prescription for use of their associated provisions. These revisions ensure compliance with the statutory requirements of 40 CFR part 247 and 42 U.S.C. 11023. 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 interim rule is not expected 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 revises language that the Office of Management and Budget has already approved for obtaining representations and certifications under OMB Control Numbers 9000–0134 and 9000–0139 for compliance with Section 6002 of the Resource Conservation and Recovery Act and the requirements of Executive Order 12969, Emergency Planning and Community Right-toKnow Act of 1986. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. The Councils will consider comments from small entities E:\FR\FM\17AUR2.SGM 17AUR2 46360 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations concerning the affected FAR Part 23 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. (FAC 2005–19, FAR case 2006– 025), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Numbers 9000–0134 and 9000–0139. D. Determination to Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense (DoD), the Administrator of General Services (GSA), and the Administrator of the National Aeronautics and Space Administration (NASA) that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary because the rule amends the FAR to address necessary changes to the prescriptions for the use of FAR clauses, allowing the proper receipt of certification information and ensuring compliance with the statutory requirements of 40 CFR part 247 and 42 U.S.C. 11023. However, pursuant to Public Law 98–577 and FAR 1.501, the Councils will consider public comments received in response to this interim rule in the formation of the final rule. List of Subjects in 48 CFR Part 23 Government procurement. Therefore, DoD, GSA, and NASA amend 48 CFR part 23 as set forth below: I 1. The authority citation for 48 CFR part 23 continues to read as follows: I Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 2. Amend section 23.406 by revising the first sentence of paragraph (b) to read as follows: sroberts on PROD1PC70 with RULES I 23.406 Solicitation provision and contract clause. VerDate Aug<31>2005 16:40 Aug 16, 2007 Jkt 211001 * * * * * (b) Insert the clause at 52.223–14, Toxic Chemical Release Reporting, in competitively awarded contracts exceeding $100,000 and competitively awarded 8(a) contracts, except when the determination at 23.905(b) has been made. [FR Doc. 07–3800 Filed 8–16–07; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 25 and 52 [FAC 2005–19; FAR Case 2006–006; Item X; Docket 2006–0020; Sequence 7] RIN 9000–AK49 Federal Acquisition Regulation; FAR Case 2006–006, Free Trade Agreements—El Salvador, Honduras, and Nicaragua The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to adopt the interim rule published in the Federal Register at 71 FR 36935, June 28, 2006, as a final rule without change. This final rule amends the Federal Acquisition Regulation (FAR) to implement the Dominican Republic—Central America—United States Free Trade Agreement with respect to El Salvador, Honduras, and Nicaragua. DATES: Effective Date: August 17, 2007. FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Procurement Analyst, at (202) 208–6925 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. Please cite FAC 2005–19, FAR case 2006–006. PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 SUPPLEMENTARY INFORMATION: A. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 71 FR 36935 on June 28, 2006, to implement the Dominican Republic— Central America—United States Free Trade Agreement (CAFTA-DR) with respect to El Salvador, Honduras, and Nicaragua (Public Law 109–53). No comments were received by the close of the public comment period on August 28, 2006. Therefore, the Councils agreed to convert the interim rule to a final rule without change. 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 GENERAL SERVICES ADMINISTRATION SUMMARY: PART 23—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE * * * * (b) Insert the clause at 52.223–9, Estimate of Percentage of Recovered 23.906 Solicitation provision and contract clause. AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. Dated: July 30, 2007. Al Matera, Acting Director, Contract Policy Division. * Material Content for EPA-Designated Products, in solicitations and contracts exceeding $100,000 that are for, or specify the use of, EPA-designated products containing recovered materials. * * * I 3. Amend section 23.906 by revising paragraph (b) to read as follows: The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not 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. Although the rule opens up Government procurement to the products of El Salvador, Honduras, and Nicaragua, the Councils do not anticipate any significant economic impact on U.S. small businesses. The Department of Defense only applies the trade agreements to the non-defense items listed at DFARS 225.401–70, and acquisitions that are set-aside for small businesses ar exempt. C. Paperwork Reduction Act The Paperwork Reduction Act does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Numbers 9000–0139, 9000–0025, and 9000–0141. List of Subjects in 48 CFR Parts 25 and 52 Government procurement. Dated: July 30, 2007 Al Matera, Acting Director, Contract Policy Division. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 25 and 52, which was published at 71 FR 36935, I E:\FR\FM\17AUR2.SGM 17AUR2

Agencies

[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Pages 46359-46360]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3800]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 23

[FAC 2005-19; FAR Case 2006-025; Item IX; Docket 2007-0001, Sequence 3]
RIN 9000-AK76


Federal Acquisition Regulation; FAR Case 2006-025, Online 
Representations and Certifications Application Review

AGENCIES:  Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION:  Interim rule with request for comments.

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

SUMMARY:  The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on an interim 
rule amending the Federal Acquisition Regulation (FAR) to revise the 
prescription for use of clauses for the use of EPA-designated products 
and toxic chemical release reporting.

DATES: Effective Date: August 17, 2007.
    Comment Date: Interested parties should submit written comments to 
the FAR Secretariat on or before October 16, 2007 to be considered in 
the formulation of a final rule.

ADDRESSES:  Submit comments identified by FAC 2005-19, FAR case 2006-
025, by any of the following methods:
     Federal eRulemaking Portal: http://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 2006-025) and click on the ``Submit'' button. Please 
include your name and company name (if any) 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 FAC 2005-19, FAR 
case 2006-025, 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. Ernest Woodson, Procurement 
Analyst, at (202) 501-3775 for clarification of content. Please cite 
FAC 2005-19, FAR case 2006-025. For information pertaining to status or 
publication schedules, contact the FAR Secretariat at (202) 501-4755.

SUPPLEMENTARY INFORMATION:

A. Background

    FAR Subpart 4.12, Annual Representations and Certifications, 
prescribes policies and procedures for prospective offerors to submit 
annual representations via the Online Representations and 
Certifications Application (ORCA). ORCA, located at http://
orca.bpn.gov, eliminates the administrative burden of submitting the 
same information to various contracting offices and establishes a 
common source for the Government to obtain the information. FAR 4.1201 
requires prospective contractors to complete annual representations and 
certifications in ORCA (and update them as necessary, but at least 
annually) in conjunction with their required registration in the 
Central Contractor Registration (CCR) database.
    FAR 4.1104 requires (with few exceptions as listed at FAR 4.1102) 
the use of FAR clause 52.204-7, Central Contractor Registration, which 
requires the contractor to register in CCR. FAR 4.1202 lists twenty-six 
representations and certifications that are included in ORCA and are 
therefore not to be included in solicitations that include the clause 
at 52.204-7, Central Contractor Registration.
    Of the twenty-six representations and certifications, the 
prescriptions for use of two associated clauses, (1) 52.223-9, Estimate 
of Percentage of Recovered Material Content for EPA-Designated 
Products, and (2) 52.223-14, Toxic Chemical Release Reporting, were 
determined to be problematic. The prescriptions for use of the clauses 
were dependent upon the associated provisions at 52.223-4, Recovered 
Material Certification, and 52.223-13, Certification of Toxic Chemical 
Release Reporting, being included in the solicitation. In instances 
where CCR is required, the annual certification in ORCA applies, and 
therefore neither provision will be included in the solicitation. 
Therefore, when applicable to the resultant contract, the Government 
may fail to include the associated clause because the provision was not 
included in the solicitation. Failure to include the clause may 
preclude receipt of information or certification required by statute.
    This interim rule amends FAR 23.406 and 23.906, both titled 
Solicitation provision and contract clause, to revise the prescriptions 
for the use of 52.223-9 and 52.223-14 to provide for use under the same 
circumstances as the prescription for use of their associated 
provisions. These revisions ensure compliance with the statutory 
requirements of 40 CFR part 247 and 42 U.S.C. 11023.
    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 interim rule is not expected 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 
revises language that the Office of Management and Budget has already 
approved for obtaining representations and certifications under OMB 
Control Numbers 9000-0134 and 9000-0139 for compliance with Section 
6002 of the Resource Conservation and Recovery Act and the requirements 
of Executive Order 12969, Emergency Planning and Community Right-to-
Know Act of 1986. Therefore, an Initial Regulatory Flexibility Analysis 
has not been performed. The Councils will consider comments from small 
entities

[[Page 46360]]

concerning the affected FAR Part 23 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. (FAC 2005-19, FAR case 2006-025), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; however, these changes to 
the FAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Numbers 
9000-0134 and 9000-0139.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary because the rule amends the FAR to address necessary 
changes to the prescriptions for the use of FAR clauses, allowing the 
proper receipt of certification information and ensuring compliance 
with the statutory requirements of 40 CFR part 247 and 42 U.S.C. 11023. 
However, pursuant to Public Law 98-577 and FAR 1.501, the Councils will 
consider public comments received in response to this interim rule in 
the formation of the final rule.

List of Subjects in 48 CFR Part 23

    Government procurement.

    Dated: July 30, 2007.
Al Matera,
Acting Director, Contract Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 23 as set forth below:

PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

0
1. The authority citation for 48 CFR part 23 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).

0
2. Amend section 23.406 by revising the first sentence of paragraph (b) 
to read as follows:


23.406  Solicitation provision and contract clause.

* * * * *
    (b) Insert the clause at 52.223-9, Estimate of Percentage of 
Recovered Material Content for EPA-Designated Products, in 
solicitations and contracts exceeding $100,000 that are for, or specify 
the use of, EPA-designated products containing recovered materials. * * 
*
0
3. Amend section 23.906 by revising paragraph (b) to read as follows:


23.906  Solicitation provision and contract clause.

* * * * *
    (b) Insert the clause at 52.223-14, Toxic Chemical Release 
Reporting, in competitively awarded contracts exceeding $100,000 and 
competitively awarded 8(a) contracts, except when the determination at 
23.905(b) has been made.
[FR Doc. 07-3800 Filed 8-16-07; 8:45 am]
BILLING CODE 6820-EP-S