General Services Acquisition Regulation; GSAR Case 2006-G512; Rewrite of GSAR Part 509, Contractor Qualifications, 36013-36015 [E8-14392]
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Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Proposed Rules
triggered in the first instance by MSS/
ATC licensees are defined as follows:
(1) The mandatory negotiation period
for non-public safety incumbents will
end December 8, 2004.
(2) The mandatory negotiation period
for public safety incumbents will end
December 8, 2005.
(f) AWS licensees operating in the
1915–1920 MHz band will follow the
requirements and procedures set forth
in ET Docket No. 00–258 and WT
Docket No. 04–356.
(g) If no agreement is reached during
the mandatory negotiation period, an ET
licensee may initiate involuntary
relocation procedures. Under
involuntary relocation, the incumbent is
required to relocate, provided that the
ET licensee meets the conditions of
§ 101.75.
22. Section 101.79 is amended by
revising paragraph (a) to read as follows:
mstockstill on PROD1PC66 with PROPOSALS
§ 101.79 Sunset provisions for licensees in
the 1850–1990 MHz, 2110–2150 MHz, and
2160–2200 MHz bands.
(a) FMS licensees will maintain
primary status in the 1850–1990 MHz,
2110–2150 MHz, and 2160–2200 MHz
bands unless and until an ET licensee
(including MSS/ATC operator) requires
use of the spectrum. ET licensees are
not required to pay relocation costs after
the relocation rules sunset. Once the
relocation rules sunset, an ET licensee
may require the incumbent to cease
operations, provided that the ET
licensee intends to turn on a system
within interference range of the
incumbent, as determined by TIA TSB
10–F (for terrestrial-to-terrestrial
situations) or TIA TSB 86 (for MSS
satellite-to-terrestrial situations) or any
standard successor. ET licensee
notification to the affected FMS licensee
must be in writing and must provide the
incumbent with no less than six months
to vacate the spectrum. After the sixmonth notice period has expired, the
FMS licensee must turn its license back
into the Commission, unless the parties
have entered into an agreement which
allows the FMS licensee to continue to
operate on a mutually agreed upon
basis. The date that the relocation rules
sunset is determined as follows:
(1) For the 2110–2150 MHz and 2160–
2180 MHz bands, ten years after the first
ET license is issued in the respective
band; and
(2) For the 2180–2200 MHz band,
December 8, 2013 (i.e., ten years after
the mandatory negotiation period begins
for MSS/ATC operators in the service).
*
*
*
*
*
[FR Doc. E8–14423 Filed 6–24–08; 8:45 am]
BILLING CODE 6712–01–P
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GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 509 and 552
[GSAR Case 2006–G512; Docket 2008–0007;
Sequence 9]
RIN 3090–AI57
General Services Acquisition
Regulation; GSAR Case 2006–G512;
Rewrite of GSAR Part 509, Contractor
Qualifications
Office of the Chief Acquisition
Officer, General Services
Administration (GSA).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: The General Services
Administration (GSA) is proposing to
amend the General Services Acquisition
Regulation (GSAR) to update language
addressing contractor qualifications.
This rule is a result of the General
Services Administration Acquisition
Manual (GSAM) Rewrite initiative
undertaken by GSA to revise the GSAM
to maintain consistency with the FAR,
and to implement streamlined and
innovative acquisition procedures that
contractors, offerors and GSA
contracting personnel can utilize when
entering into and administering
contractual relationships. The GSAM
incorporates the General Services
Administration Acquisition Regulation
(GSAR) as well as internal agency
acquisition policy.
GSA will rewrite each part of the
GSAR and GSAM, and as each GSAR
part is rewritten, will publish it in the
Federal Register.
This is one of a series of revisions. It
covers the rewrite of GSAR Part 509,
Contractor Qualifications.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before August 25, 2008
to be considered in the formulation of
a final rule.
ADDRESSES: Submit comments
identified by GSAR Case 2006–G512 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting ‘‘GSAR
Case 2006–G512’’ under the heading
‘‘Comment or Submission’’. Select the
link ‘‘Send a Comment or Submission’’
that corresponds with GSAR Case 2006–
G512. Follow the instructions provided
to complete the ‘‘Public Comment and
Submission Form’’. Please include your
name, company name (if any), and
‘‘GSAR Case 2006–G512’’ on your
attached document.
PO 00000
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36013
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VPR), 1800 F Street, NW., Room 4041,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite GSAR Case 2006–G512 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: Ms.
Meredith Murphy, Procurement
Analyst, at (202) 208–6925, or by e-mail
at meredith.murphy@gsa.gov for
clarification of content. For information
pertaining to the status or publication
schedules, contact the Regulatory
Secretariat (VPR), Room 4041, GS
Building, Washington, DC 20405, (202)
501–4755. Please cite GSAR Case 2006–
G512.
SUPPLEMENTARY INFORMATION:
A. Background
The GSAR Rewrite Project
On February 15, 2006, GSA published
an Advance Notice of Proposed
Rulemaking (ANPR) with request for
comments because GSA is beginning the
review and update of the General
Services Administration Acquisition
Regulation (GSAR).
The GSAR rewrite will—
• Consider comments received from
the ANPR, published in the Federal
Register at 71 FR 7910, February 15,
2006.
• Change ‘‘you’’ to ‘‘contracting
officer.’’
• Maintain consistency with the FAR
but eliminate duplication.
• Revise GSAR sections that are out of
date, or impose inappropriate burdens
on the Government or contractors,
especially small businesses.
• Streamline and simplify.
In addition, GSA has recently
reorganized into two, rather than three
services. Therefore, the reorganization
of the Federal Supply Service (FSS) and
the Federal Technology Service (FTS)
into the Federal Acquisition Service
(FAS) will be considered in the rewrite
initiative.
The Rewrite of Part 509
This proposed rule contains the
revisions made to Part 509, Contractor
Qualifications. There are no major
substantive changes to the policies. GSA
Form 353, Performance Evaluation and
Facilities Report, is proposed for
deletion so that FAR forms would be
used instead. Subsection 509.405–1(b)
and clauses 552.209–70 through
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Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Proposed Rules
mstockstill on PROD1PC66 with PROPOSALS
552.209–73 are proposed for deletion as
unnecessary. The explanation of
‘‘auditor’’ in 509.105–1 is removed as
unnecessary - it is partly duplicative
(credit and finance) and too restrictive
(does not allow use of DCAA).
Subsection 509.406–3(b)(7) is deleted as
duplicative of 509.406–3(b)(5). The
debarment legal authorities in 509.401
are updated. The term ‘‘Suspension and
Debarment Official’’ is used throughout
the Part.
Discussion of Comments
As a result of the ANPR, GSA
received two comments pertaining to
GSAR Part 509.
One commenter suggested revising
the Assignment of Claims clause, GSAR
552.232–23, to facilitate contractor
teaming arrangements. The proposed
revision applies to GSAM Part 532, not
Part 509; it has therefore been referred
to the Part 532 Rewrite Team, which has
not yet begun work. Any changes
proposed to the Assignment of Claims
clause by the Part 532 Rewrite Team
will, of course, be published for public
comment. The other commenter
suggested GSA consider placing
guidance on teaming arrangements that
is on GSA’s website in the GSAR. There
is no guidance on teaming arrangements
on a GSA-wide website. One purchasing
office within GSA does have such
guidance on a website, but that
guidance is unique to Federal Supply
Schedules. Therefore, the team that is
revising GSAM Part 508, Required
Sources of Supplies and Services, will
incorporate the regulatory and
procedural material on Schedules
teaming arrangements in GSAM Part
508, ensure that it is published for
public comment, and oversee the
removal of the regulatory and
procedural teaming arrangement
material from the Federal Acquisition
Service (FAS) 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.
B. Regulatory Flexibility Act
The General Services Administration
does 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 only substantive change is
a minor one, deleting a GSA-unique
form in favor of using the FAR forms.
An Initial Regulatory Flexibility
Analysis has, therefore, not been
performed. We invite comments from
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17:31 Jun 24, 2008
Jkt 214001
small businesses and other interested
parties. GSA will consider comments
from small entities concerning the
affected GSAR Parts 509 and 552 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. (GSAR case 2006–G512), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
apply; however, these changes to the
GSAR do not impose additional
information collection requirements to
the paperwork burden previously
approved under OMB Control Number
3090–0007.
List of Subjects in 48 CFR Parts 509 and
552
Government procurement.
Dated: June 12, 2008.
Al Matera,
Director, Office of Acquisition Policy,General
Services Administration.
Therefore, GSA proposes to amend 48
CFR parts 509 and 552 as set forth
below:
1. The authority citation for 48 CFR
parts 509 and 552 is revised to read as
follows:
Authority: 40 U.S.C. 121(c).
PART 509—CONTRACTOR
QUALIFICATIONS
2. Revise section 509.105 to read as
follows:
509.105
Obtaining information.
(a) From a prospective contractor.
FAR 9.105–1 lists a number of sources
of information that a contracting officer
may utilize before making a
determination of responsibility. The
contracting officer may request
information directly from a prospective
contractor using GSA Form 527,
Contractor’s Qualifications and
Financial Information, but only after
exhausting other available sources of
information.
(b) From Government personnel. The
contracting officer may solicit and
consider information from any
appropriate activities, e.g., legal
counsel, quality control, contract
management, credit and finance, and
auditors before determining that an
offeror is responsible.
509.105–2 Determinations and
documentation.
(a) The contracting officer shall
provide written notification to a
prospective contractor determined not
responsible. Include the basis for the
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509.106
Sfmt 4702
[Removed]
3. Section 509.106 is removed.
Subpart 509.2 [Removed]
4. Subpart 509.2 is removed.
5. Revise section 509.306 to read as
follows:
509.306
Solicitation requirements.
The clauses at FAR 52.209–3 and
52.209–4 do not cover all the
solicitation requirements described in
FAR 9.306. If a solicitation contains a
testing and approval requirement, the
contracting officer must address the
requirements in FAR 9.306(d) and (f)
through (j) in the solicitation’s Section
H, special contract requirements.
509.308
Procedures.
509.105–1
determination. Notification provides the
prospective contractor with the
opportunity to correct any problem for
future solicitations.
(b) Due to the potential for de facto
debarment, the contracting officer shall
avoid making repeated determinations
of nonresponsibility based on the same
past performance information.
(c) To provide for timely
consideration of the need to institute
action to debar a contractor, the
contracting officer shall submit a copy
of each nonresponsibility
determination, other than those based
on capacity or financial capability, to
the Suspension and Debarment Official
in the Office of the Chief Acquisition
Officer.
[Removed]
6. Section 509.308 is removed.
7. Revise section 509.401 to read as
follows:
509.401
Applicability.
This subpart applies to all the
following:
(a) Acquisitions of personal property,
nonpersonal services, construction, and
space in buildings.
(b) Acquisition of transportation
services (Federal Management
Regulation (FMR) Parts 102–117 and
102–118 (41 CFR Parts 102–117 and
102–118)).
(c) Contracts for disposal of personal
property (FMR Parts 102–36 through
102–38 (41 CFR Parts 102–36 through
102–38)).
(d) Covered transactions as defined by
41 CFR Part 105–68.
8. Amend section 509.403 by adding,
in alphabetical order, the definitions
‘‘Debarring official’’ and ‘‘Suspending
official’’; and, in the definition ‘‘Factfinding official’’ by removing the word
‘‘GSA’’ and adding the word ‘‘Civilian’’
in its place. The added text reads as
follows:
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Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Proposed Rules
509.403
Definitions.
a. Removing from paragraphs (a) and
(b), the words ‘‘debarring official’’ and
adding the words ‘‘Suspension and
Debarment Official’’ in its place each
time it appears;
b. Removing from paragraph (b)(2),
the word ‘‘Number’’ and adding the
word ‘‘Numbers’’ in its place;
c. Removing paragraph (b)(7);
d. Revising paragraph (c); and
e. Removing from paragraph (d), the
words ‘‘debarring official’’ and adding
the words ‘‘Suspension and Debarment
Official’’ in its place each time it
appears.
The revised text reads as follows:
Debarring official means the
Suspension and Debarment Official
within the Office of the Chief
Acquisition Officer.
*
*
*
*
*
Suspending official means the
Suspension and Debarment Official
within the Office of the Chief
Acquisition Officer.
9. Revise section 509.405 to read as
follows:
509.405
Effect of listing.
509.405–1 Continuation of current
contracts.
(a) When a contractor appears on the
current EPLS, consider terminating a
contract under any of the following
circumstances:
(1) Any circumstances giving rise to
the debarment or suspension also
constitute a default in the contractor’s
performance of the contract.
(2) The contractor presents a
significant risk to the Government in
completing the contract.
(3) The conduct that provides the
cause of the suspension, proposed
debarment, or debarment involved a
GSA contract.
(b) Before terminating a contract when
a contractor appears on the current
EPLS, consider the following factors:
(1) Seriousness of the cause for
debarment or suspension.
(2) Extent of contract performance.
(3) Potential costs of termination and
reprocurement.
(4) Need for or urgency of the
requirement, contract coverage, and the
impact of delay for reprocurement.
(5) Availability of other safeguards to
protect the Government’s interest until
completion of the contract.
(6) Availability of alternate
competitive sources to meet the
requirement (e.g., other multiple award
contracts, readily available commercial
items).
(c) The responsibilities of the agency
head under FAR 9.405–1 are delegated
to the GSA Suspension and Debarment
Official.
mstockstill on PROD1PC66 with PROPOSALS
509.405–2
Procedures.
*
*
*
*
*
(c) Review. The Suspension and
Debarment Official will review the
report, and after coordinating with
assigned legal counsel—
(1) Initiate debarment action;
(2) Decline debarment action;
(3) Request additional information; or
(4) Refer the matter to the OIG for
further investigation and development
of a case file.
*
*
*
*
*
509.407–1
[Amended]
12. Amend section 509.407–1 by
removing the words ‘‘suspending
official’’ and adding ‘‘Suspension and
Debarment Official’’ in its place.
509.407–3
[Amended]
13. Amend section 509.407–3 by
removing the words ‘‘suspending
official’’ and adding ‘‘Suspension and
Debarment Official’’ in its place each
time it appears.
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
552.209–70 through 552.209–73
[Removed]
14. Sections 552.209–70 through
552.209–73 are removed.
[FR Doc. E8–14392 Filed 6–24–08; 8:45 am]
BILLING CODE 6820–61–S
DEPARTMENT OF TRANSPORTATION
Restrictions on subcontracting.
The responsibilities of the agency
head under FAR 9.405–2(a) are
delegated to the GSA Suspension and
Debarment Official.
10. Revise section 509.406–1 to read
as follows:
509.406–1
509.406–3
General.
The Suspension and Debarment
Official is the designee under FAR
9.406–1(c).
11. Amend section 509.406–3 by—
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Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 192
[Docket No. PHMSA–RSPA–2004–19854]
RIN 2137–AE15
Pipeline Safety: Integrity Management
Program for Gas Distribution Pipelines
Pipeline and Hazardous
Materials Safety Administration
AGENCY:
PO 00000
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Fmt 4702
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36015
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice of proposed rulemaking.
SUMMARY: PHMSA proposes to amend
the Federal Pipeline Safety Regulations
to require operators of gas distribution
pipelines to develop and implement
integrity management (IM) programs.
The purpose of these programs is to
enhance safety by identifying and
reducing pipeline integrity risks. The IM
programs required by the proposed rule
would be similar to those currently
required for gas transmission pipelines,
but tailored to reflect the differences in
and among distribution systems. In
accordance with Federal law, the
proposed rule would require operators
to install excess flow valves on certain
new and replaced residential service
lines, subject to feasibility criteria
outlined in the rule. Based on the
required risk assessments and enhanced
controls, the proposed rule also would
establish procedures and standards
permitting risk-based adjustment of
prescribed intervals for leak detection
surveys and other fixed-interval
requirements in the agency’s existing
regulations for gas distribution
pipelines. To further minimize
regulatory burdens, the proposed rule
would establish simpler requirements
for master meter and liquefied
petroleum gas (LPG) operators,
reflecting the relatively lower risk of
these small pipeline systems.
This proposal also addresses statutory
mandates and recommendations from
the DOT’s Office of the Inspector
General (OIG) and stakeholder groups.
DATES: Anyone may submit written
comments on proposed regulatory
changes by September 23, 2008. PHMSA
will consider late-filed comments to the
extent possible.
ADDRESSES: Comments should reference
Docket No. PHMSA–RSPA–2004–19854
and may be submitted in the following
ways:
• E-Gov Web Site: https://
www.regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency.
• Fax: 1–202–493–2251.
• Mail: DOT Docket Operations
Facility (M–30), U.S. Department of
Transportation, West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590.
• Hand Delivery: DOT Docket
Operations Facility, U.S. Department of
Transportation, West Building, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590 between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
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]]>Agencies
[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Proposed Rules]
[Pages 36013-36015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14392]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 509 and 552
[GSAR Case 2006-G512; Docket 2008-0007; Sequence 9]
RIN 3090-AI57
General Services Acquisition Regulation; GSAR Case 2006-G512;
Rewrite of GSAR Part 509, Contractor Qualifications
AGENCY: Office of the Chief Acquisition Officer, General Services
Administration (GSA).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Acquisition Regulation (GSAR) to update
language addressing contractor qualifications. This rule is a result of
the General Services Administration Acquisition Manual (GSAM) Rewrite
initiative undertaken by GSA to revise the GSAM to maintain consistency
with the FAR, and to implement streamlined and innovative acquisition
procedures that contractors, offerors and GSA contracting personnel can
utilize when entering into and administering contractual relationships.
The GSAM incorporates the General Services Administration Acquisition
Regulation (GSAR) as well as internal agency acquisition policy.
GSA will rewrite each part of the GSAR and GSAM, and as each GSAR
part is rewritten, will publish it in the Federal Register.
This is one of a series of revisions. It covers the rewrite of GSAR
Part 509, Contractor Qualifications.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before August 25, 2008 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2006-G512 by any of
the following methods:
Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``GSAR Case 2006-G512'' under the heading ``Comment or Submission''.
Select the link ``Send a Comment or Submission'' that corresponds with
GSAR Case 2006-G512. Follow the instructions provided to complete the
``Public Comment and Submission Form''. Please include your name,
company name (if any), and ``GSAR Case 2006-G512'' on your attached
document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2006-
G512 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: Ms. Meredith Murphy, Procurement
Analyst, at (202) 208-6925, or by e-mail at meredith.murphy@gsa.gov for
clarification of content. For information pertaining to the status or
publication schedules, contact the Regulatory Secretariat (VPR), Room
4041, GS Building, Washington, DC 20405, (202) 501-4755. Please cite
GSAR Case 2006-G512.
SUPPLEMENTARY INFORMATION:
A. Background
The GSAR Rewrite Project
On February 15, 2006, GSA published an Advance Notice of Proposed
Rulemaking (ANPR) with request for comments because GSA is beginning
the review and update of the General Services Administration
Acquisition Regulation (GSAR).
The GSAR rewrite will--
Consider comments received from the ANPR, published in the
Federal Register at 71 FR 7910, February 15, 2006.
Change ``you'' to ``contracting officer.''
Maintain consistency with the FAR but eliminate
duplication.
Revise GSAR sections that are out of date, or impose
inappropriate burdens on the Government or contractors, especially
small businesses.
Streamline and simplify.
In addition, GSA has recently reorganized into two, rather than
three services. Therefore, the reorganization of the Federal Supply
Service (FSS) and the Federal Technology Service (FTS) into the Federal
Acquisition Service (FAS) will be considered in the rewrite initiative.
The Rewrite of Part 509
This proposed rule contains the revisions made to Part 509,
Contractor Qualifications. There are no major substantive changes to
the policies. GSA Form 353, Performance Evaluation and Facilities
Report, is proposed for deletion so that FAR forms would be used
instead. Subsection 509.405-1(b) and clauses 552.209-70 through
[[Page 36014]]
552.209-73 are proposed for deletion as unnecessary. The explanation of
``auditor'' in 509.105-1 is removed as unnecessary - it is partly
duplicative (credit and finance) and too restrictive (does not allow
use of DCAA). Subsection 509.406-3(b)(7) is deleted as duplicative of
509.406-3(b)(5). The debarment legal authorities in 509.401 are
updated. The term ``Suspension and Debarment Official'' is used
throughout the Part.
Discussion of Comments
As a result of the ANPR, GSA received two comments pertaining to
GSAR Part 509.
One commenter suggested revising the Assignment of Claims clause,
GSAR 552.232-23, to facilitate contractor teaming arrangements. The
proposed revision applies to GSAM Part 532, not Part 509; it has
therefore been referred to the Part 532 Rewrite Team, which has not yet
begun work. Any changes proposed to the Assignment of Claims clause by
the Part 532 Rewrite Team will, of course, be published for public
comment. The other commenter suggested GSA consider placing guidance on
teaming arrangements that is on GSA's website in the GSAR. There is no
guidance on teaming arrangements on a GSA-wide website. One purchasing
office within GSA does have such guidance on a website, but that
guidance is unique to Federal Supply Schedules. Therefore, the team
that is revising GSAM Part 508, Required Sources of Supplies and
Services, will incorporate the regulatory and procedural material on
Schedules teaming arrangements in GSAM Part 508, ensure that it is
published for public comment, and oversee the removal of the regulatory
and procedural teaming arrangement material from the Federal
Acquisition Service (FAS) 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.
B. Regulatory Flexibility Act
The General Services Administration does 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 only substantive change is a minor
one, deleting a GSA-unique form in favor of using the FAR forms. An
Initial Regulatory Flexibility Analysis has, therefore, not been
performed. We invite comments from small businesses and other
interested parties. GSA will consider comments from small entities
concerning the affected GSAR Parts 509 and 552 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. (GSAR case 2006-G512), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes to
the GSAR do not impose additional information collection requirements
to the paperwork burden previously approved under OMB Control Number
3090-0007.
List of Subjects in 48 CFR Parts 509 and 552
Government procurement.
Dated: June 12, 2008.
Al Matera,
Director, Office of Acquisition Policy,General Services Administration.
Therefore, GSA proposes to amend 48 CFR parts 509 and 552 as set
forth below:
1. The authority citation for 48 CFR parts 509 and 552 is revised
to read as follows:
Authority: 40 U.S.C. 121(c).
PART 509--CONTRACTOR QUALIFICATIONS
2. Revise section 509.105 to read as follows:
509.105 Procedures.
509.105-1 Obtaining information.
(a) From a prospective contractor. FAR 9.105-1 lists a number of
sources of information that a contracting officer may utilize before
making a determination of responsibility. The contracting officer may
request information directly from a prospective contractor using GSA
Form 527, Contractor's Qualifications and Financial Information, but
only after exhausting other available sources of information.
(b) From Government personnel. The contracting officer may solicit
and consider information from any appropriate activities, e.g., legal
counsel, quality control, contract management, credit and finance, and
auditors before determining that an offeror is responsible.
509.105-2 Determinations and documentation.
(a) The contracting officer shall provide written notification to a
prospective contractor determined not responsible. Include the basis
for the determination. Notification provides the prospective contractor
with the opportunity to correct any problem for future solicitations.
(b) Due to the potential for de facto debarment, the contracting
officer shall avoid making repeated determinations of nonresponsibility
based on the same past performance information.
(c) To provide for timely consideration of the need to institute
action to debar a contractor, the contracting officer shall submit a
copy of each nonresponsibility determination, other than those based on
capacity or financial capability, to the Suspension and Debarment
Official in the Office of the Chief Acquisition Officer.
509.106 [Removed]
3. Section 509.106 is removed.
Subpart 509.2 [Removed]
4. Subpart 509.2 is removed.
5. Revise section 509.306 to read as follows:
509.306 Solicitation requirements.
The clauses at FAR 52.209-3 and 52.209-4 do not cover all the
solicitation requirements described in FAR 9.306. If a solicitation
contains a testing and approval requirement, the contracting officer
must address the requirements in FAR 9.306(d) and (f) through (j) in
the solicitation's Section H, special contract requirements.
509.308 [Removed]
6. Section 509.308 is removed.
7. Revise section 509.401 to read as follows:
509.401 Applicability.
This subpart applies to all the following:
(a) Acquisitions of personal property, nonpersonal services,
construction, and space in buildings.
(b) Acquisition of transportation services (Federal Management
Regulation (FMR) Parts 102-117 and 102-118 (41 CFR Parts 102-117 and
102-118)).
(c) Contracts for disposal of personal property (FMR Parts 102-36
through 102-38 (41 CFR Parts 102-36 through 102-38)).
(d) Covered transactions as defined by 41 CFR Part 105-68.
8. Amend section 509.403 by adding, in alphabetical order, the
definitions ``Debarring official'' and ``Suspending official''; and, in
the definition ``Fact-finding official'' by removing the word ``GSA''
and adding the word ``Civilian'' in its place. The added text reads as
follows:
[[Page 36015]]
509.403 Definitions.
Debarring official means the Suspension and Debarment Official
within the Office of the Chief Acquisition Officer.
* * * * *
Suspending official means the Suspension and Debarment Official
within the Office of the Chief Acquisition Officer.
9. Revise section 509.405 to read as follows:
509.405 Effect of listing.
509.405-1 Continuation of current contracts.
(a) When a contractor appears on the current EPLS, consider
terminating a contract under any of the following circumstances:
(1) Any circumstances giving rise to the debarment or suspension
also constitute a default in the contractor's performance of the
contract.
(2) The contractor presents a significant risk to the Government in
completing the contract.
(3) The conduct that provides the cause of the suspension, proposed
debarment, or debarment involved a GSA contract.
(b) Before terminating a contract when a contractor appears on the
current EPLS, consider the following factors:
(1) Seriousness of the cause for debarment or suspension.
(2) Extent of contract performance.
(3) Potential costs of termination and reprocurement.
(4) Need for or urgency of the requirement, contract coverage, and
the impact of delay for reprocurement.
(5) Availability of other safeguards to protect the Government's
interest until completion of the contract.
(6) Availability of alternate competitive sources to meet the
requirement (e.g., other multiple award contracts, readily available
commercial items).
(c) The responsibilities of the agency head under FAR 9.405-1 are
delegated to the GSA Suspension and Debarment Official.
509.405-2 Restrictions on subcontracting.
The responsibilities of the agency head under FAR 9.405-2(a) are
delegated to the GSA Suspension and Debarment Official.
10. Revise section 509.406-1 to read as follows:
509.406-1 General.
The Suspension and Debarment Official is the designee under FAR
9.406-1(c).
11. Amend section 509.406-3 by--
a. Removing from paragraphs (a) and (b), the words ``debarring
official'' and adding the words ``Suspension and Debarment Official''
in its place each time it appears;
b. Removing from paragraph (b)(2), the word ``Number'' and adding
the word ``Numbers'' in its place;
c. Removing paragraph (b)(7);
d. Revising paragraph (c); and
e. Removing from paragraph (d), the words ``debarring official''
and adding the words ``Suspension and Debarment Official'' in its place
each time it appears.
The revised text reads as follows:
509.406-3 Procedures.
* * * * *
(c) Review. The Suspension and Debarment Official will review the
report, and after coordinating with assigned legal counsel--
(1) Initiate debarment action;
(2) Decline debarment action;
(3) Request additional information; or
(4) Refer the matter to the OIG for further investigation and
development of a case file.
* * * * *
509.407-1 [Amended]
12. Amend section 509.407-1 by removing the words ``suspending
official'' and adding ``Suspension and Debarment Official'' in its
place.
509.407-3 [Amended]
13. Amend section 509.407-3 by removing the words ``suspending
official'' and adding ``Suspension and Debarment Official'' in its
place each time it appears.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.209-70 through 552.209-73 [Removed]
14. Sections 552.209-70 through 552.209-73 are removed.
[FR Doc. E8-14392 Filed 6-24-08; 8:45 am]
BILLING CODE 6820-61-S
