Federal Acquisition Regulation; FAR Case 2006-014, Local Community Recovery Act of 2006, 53995-53996 [E8-21387]
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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations
48c) and the rules of the Committee for
Purchase from People Who Are Blind or
Severely Disabled (41 CFR Chapter 51)
which implements the AbilityOne
Program.
8.701
[Amended]
8. Amend section 8.701 by removing
‘‘JWOD’’ wherever it occurs and adding
‘‘AbilityOne’’ in its place.
■
8.702
[Amended]
9. Amend section 8.702 by removing
from paragraph (a) ‘‘JWOD’’ and adding
‘‘AbilityOne’’ in its place; and removing
from paragraph (c) ‘‘the JWOD’’ and
adding ‘‘the Javits-Wagner-O’Day’’ in its
place.
■
8.703
[Amended]
10. Amend section 8.703 by removing
‘‘JWOD’’ and adding ‘‘AbilityOne’’ in its
place; removing ‘‘https://www.jwod.gov/
procurementlist’’ and adding ‘‘https://
www.abilityone.gov/jwod/PL.html’’ in
its place; and removing
‘‘info@jwod.gov’’ and adding
‘‘info@abilityone.gov’’ in its place.
■
8.704
[Amended]
11. Amend section 8.704 by removing
from the introductory text of paragraph
(a) ‘‘The JWOD’’ and adding ‘‘The JavitsWagner-O’Day’’ in its place, and
removing ‘‘from JWOD’’ and adding
‘‘from AbilityOne’’ in its place; and
removing from paragraphs (a)(1)(ii),
(a)(2)(i), and (c) ‘‘JWOD’’ and adding
‘‘AbilityOne’’ in its place.
■
8.705–1
[Amended]
12. Amend section 8.705–1 by
removing ‘‘JWOD’’ wherever it occurs
and adding ‘‘AbilityOne’’ in its place.
■
8.705–2
[Amended]
13. Amend section 8.705–2 by
removing ‘‘a JWOD’’ and adding ‘‘an
AbilityOne’’ in its place.
■
8.705–3
8.713
[Amended]
17. Amend section 8.713 by removing
from paragraph (a) ‘‘a JWOD’’ and
adding ‘‘an AbilityOne’’ in its place; and
removing from paragraph (b) ‘‘JWOD’’
and adding ‘‘AbilityOne’’ in its place.
■
8.715
[Amended]
18. Amend section 8.715 by removing
‘‘JWOD’’ wherever it occurs and adding
‘‘AbilityOne’’ in its place.
■
8.716
[Amended]
19. Amend section 8.716 by removing
from the introductory paragraph ‘‘a
JWOD’’ and adding ‘‘an AbilityOne’’ in
its place.
■
pwalker on PROD1PC71 with RULES3
16. Amend sections 8.706, 8.707,
8.708, 8.710, 8.711, and 8.712 by
removing ‘‘JWOD’’ wherever it occurs
and adding ‘‘AbilityOne’’ in its place.
■
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18:29 Sep 16, 2008
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9.107 Surveys of nonprofit agencies
participating in the AbilityOne Program
under the Javits-Wagner-O’Day Act.
GENERAL SERVICES
ADMINISTRATION
(a) The Committee for Purchase From
People Who Are Blind or Severely
Disabled (Committee), as authorized by
41 U.S.C. 46–48c, determines what
supplies and services Federal agencies
are required to purchase from
AbilityOne participating nonprofit
agencies serving people who are blind
or have other severe disabilities (see
Subpart 8.7). The Committee is required
to find an AbilityOne participating
nonprofit agency capable of furnishing
the supplies or services before the
nonprofit agency can be designated as a
mandatory source under the AbilityOne
Program. The Committee may request a
contracting office to assist in assessing
the capabilities of a nonprofit agency.
*
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18.107
8.706, 8.707, 8.708, 8.710, 8.711, and 8.712
[Amended]
*
*
8.705–4
[Amended]
52.208–9 Contractor Use of Mandatory
Sources of Supply or Services.
20. Amend section 9.107 by revising
the section heading and paragraph (a);
and removing from paragraphs (b) and
(d) ‘‘JWOD’’ and adding ‘‘AbilityOne’’ in
its place. The revised text reads as
follows:
■
PART 18—EMERGENCY
ACQUISITIONS
15. Amend section 8.705–4 by
removing from paragraphs (a) and (b)
‘‘JWOD’’ and adding ‘‘AbilityOne’’ in its
place; and removing from paragraph (c)
‘‘a JWOD’’ and adding ‘‘an AbilityOne’’
in its place.
23. Amend section 52.208–9 by—
a. Revising the date of the clause;
b. Removing from paragraph (a)
‘‘(JWOD)’’;
■ c. Removing from paragraph (b) ‘‘a
JWOD’’ and adding ‘‘an AbilityOne’’ in
its place; and
■ d. Removing from paragraph (c)
‘‘JWOD’’ and adding ‘‘AbilityOne’’ in its
place.
■ The revised text reads as follows:
■
■
■
CONTRACTOR USE OF MANDATORY
SOURCES OF SUPPLY OR SERVICES (OCT
2008)
14. Amend section 8.705–3 by
removing from paragraphs (a) and (c)
‘‘JWOD’’ and adding ‘‘AbilityOne’’ in its
place.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
PART 9—CONTRACTOR
QUALIFICATIONS
[Amended]
■
53995
21. Revise section 18.107 to read as
follows:
■
AbilityOne specification changes.
Contracting officers are not held to the
notification required when changes in
AbilityOne specifications or
descriptions are required to meet
emergency needs. (See 8.712(d).)
PART 44—SUBCONTRACTING
POLICIES AND PROCEDURES
44.202–2
[Amended]
22. Amend section 44.202–2 by
removing from paragraph (a)(4)(ii)
‘‘(JWOD)’’.
■
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[FR Doc. E8–21386 Filed 9–16–08; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 5, 6, 12, 18, 26, and 52
[FAC 2005–27; FAR Case 2006–014; Item
IV; Docket 2007–0001; Sequence 7]
RIN 9000–AK54
Federal Acquisition Regulation; FAR
Case 2006–014, Local Community
Recovery Act of 2006
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) have adopted as final, with a
minor change to the second interim
rule, two interim rules amending the
Federal Acquisition Regulation (FAR) to
implement amendments to the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act. The first interim rule
was published in the Federal Register at
71 FR 44546, August 4, 2006. The
second interim rule was published in
the Federal Register at 72 FR 63084,
November 7, 2007.
DATES: Effective Date: October 17, 2008.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
William Clark, Procurement Analyst, at
(202) 219–1813. For information
E:\FR\FM\17SER3.SGM
17SER3
53996
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAC 2005–27, FAR case 2006–014.
SUPPLEMENTARY INFORMATION:
pwalker on PROD1PC71 with RULES3
A. Background
This final rule amends the Federal
Acquisition Regulation implementing
amendments to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act at 42 U.S.C. 5150.
The Local Community Recovery Act
of 2006 amended the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act to authorize set-asides
for major disaster or emergency
assistance acquisitions to businesses
that reside or primarily do business in
the geographic area affected by the
disaster or emergency. DoD, GSA, and
NASA published an interim rule in the
Federal Register at 71 FR 44546, August
4, 2006, to implement this statutory
amendment.
Subsequently, Section 694 of the
Department of Homeland Security
Appropriations Act of 2007, Pub. L.
109–295, amended the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act to enact requirements for
transitioning work under existing
contracts. A second interim rule was
published in the Federal Register at 72
FR 63084, November 7, 2007, to address
this statutory amendment. The second
interim rule addressed the public
comments received on the first interim
rule. There were no comments received
on the second interim rule.
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 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. The rule
implements set-asides for local
businesses in an area affected by a major
disaster or emergency to promote
economic recovery.
The set-aside does not replace the
small business set-aside. Both set-asides
can apply to an acquisition. The local
set-aside encourages the use of local
small businesses.
The rule also implements a new
requirement that work performed under
VerDate Aug<31>2005
18:29 Sep 16, 2008
Jkt 214001
contracts already in effect be
transitioned to local area organizations,
firms or individuals, unless the agency
head determines it is not feasible or
practicable. The Councils expect that
more work will be transitioned to small
businesses than away from them. The
Government Accountability Office
(GAO) report on Hurricane Katrina
Small Business Contracts (GAO–07–
205) found that businesses in the three
states primarily affected by the
hurricane received $1.9 billion, which
was 18 percent of the $11.6 billion spent
by DHS, GSA, DoD and the Army Corps
of Engineers between August 1, 2005
and June 30, 2006. Small businesses
received 66 percent of the $1.9 billion
awarded to those local businesses. The
Councils believe this shows that small
businesses would not be hurt by a local
area set-aside.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the 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 5, 6, 12,
18, 26, and 52
Government procurement.
Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Accordingly, under the authority of 40
U.S.C. 121, the interim rule published at
71 FR 44546, August 4, 2006, is adopted
as a final rule, and the interim rule
published at 72 FR 63084, November 7,
2007, is adopted as a final rule with the
following change:
■
PART 26—OTHER SOCIOECONOMIC
PROGRAMS
1. The authority citation for 48 CFR
part 26 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).
2. Revise section 26.202–2 to read as
follows.
■
26.202–2
Evaluation preference.
The contracting officer may use an
evaluation preference, when authorized
in agency regulations or procedures.
[FR Doc. E8–21387 Filed 9–16–08; 8:45 am]
BILLING CODE 6820–EP–S
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 6
[FAC 2005–27; FAR Case 2007–007; Item
V; Docket 2008–001; Sequence 17]
RIN 9000–AL08
Federal Acquisition Regulation; FAR
Case 2007–007, Additional
Requirements for Competition
Advocate Annual Reports
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) have agreed on a final rule
amending the Federal Acquisition
Regulation (FAR) to require that annual
reviews by executive agency
competition advocates be provided in
writing to both the agency senior
procurement executive and the agency
chief acquisition officer, if designated,
and that the reports specifically address
the quality of planning, executing, and
managing of task and delivery orders
over $1 million.
DATES: Effective Date: October 17, 2008.
FOR FURTHER INFORMATION CONTACT Mr.
Ernest Woodson, Procurement Analyst,
at (202) 501–3775 for clarification of
content. For information pertaining to
status or publication schedules, contact
the FAR Secretariat at (202) 501–4755.
Please cite FAC 2005–27, FAR case
2007–007.
SUPPLEMENTARY INFORMATION:
A. Background
The Administrator of the Office of
Federal Procurement Policy (OFPP)
issued a memorandum dated May 31,
2007, entitled ‘‘Enhancing Competition
in Federal Acquisition’’, to executive
agency chief acquisition officers and
senior procurement executives that
outlined several initiatives for
enhancing competition in Federal
acquisition. The agency competition
advocates are required to describe
initiatives that ensure task and delivery
orders over $1,000,000 issued under
multiple award contracts are properly
planned, issued, and comply with 8.405
and 16.505 in a report to the agency
senior procurement executive and the
E:\FR\FM\17SER3.SGM
17SER3
]]>Agencies
[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53995-53996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21387]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5, 6, 12, 18, 26, and 52
[FAC 2005-27; FAR Case 2006-014; Item IV; Docket 2007-0001; Sequence 7]
RIN 9000-AK54
Federal Acquisition Regulation; FAR Case 2006-014, Local
Community Recovery Act of 2006
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have adopted as final, with
a minor change to the second interim rule, two interim rules amending
the Federal Acquisition Regulation (FAR) to implement amendments to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act. The
first interim rule was published in the Federal Register at 71 FR
44546, August 4, 2006. The second interim rule was published in the
Federal Register at 72 FR 63084, November 7, 2007.
DATES: Effective Date: October 17, 2008.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. William Clark, Procurement Analyst, at (202) 219-1813. For
information
[[Page 53996]]
pertaining to status or publication schedules, contact the Regulatory
Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR case 2006-
014.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the Federal Acquisition Regulation
implementing amendments to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act at 42 U.S.C. 5150.
The Local Community Recovery Act of 2006 amended the Robert T.
Stafford Disaster Relief and Emergency Assistance Act to authorize set-
asides for major disaster or emergency assistance acquisitions to
businesses that reside or primarily do business in the geographic area
affected by the disaster or emergency. DoD, GSA, and NASA published an
interim rule in the Federal Register at 71 FR 44546, August 4, 2006, to
implement this statutory amendment.
Subsequently, Section 694 of the Department of Homeland Security
Appropriations Act of 2007, Pub. L. 109-295, amended the Robert T.
Stafford Disaster Relief and Emergency Assistance Act to enact
requirements for transitioning work under existing contracts. A second
interim rule was published in the Federal Register at 72 FR 63084,
November 7, 2007, to address this statutory amendment. The second
interim rule addressed the public comments received on the first
interim rule. There were no comments received on the second interim
rule.
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 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. The rule implements set-asides
for local businesses in an area affected by a major disaster or
emergency to promote economic recovery.
The set-aside does not replace the small business set-aside. Both
set-asides can apply to an acquisition. The local set-aside encourages
the use of local small businesses.
The rule also implements a new requirement that work performed
under contracts already in effect be transitioned to local area
organizations, firms or individuals, unless the agency head determines
it is not feasible or practicable. The Councils expect that more work
will be transitioned to small businesses than away from them. The
Government Accountability Office (GAO) report on Hurricane Katrina
Small Business Contracts (GAO-07-205) found that businesses in the
three states primarily affected by the hurricane received $1.9 billion,
which was 18 percent of the $11.6 billion spent by DHS, GSA, DoD and
the Army Corps of Engineers between August 1, 2005 and June 30, 2006.
Small businesses received 66 percent of the $1.9 billion awarded to
those local businesses. The Councils believe this shows that small
businesses would not be hurt by a local area set-aside.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the 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 5, 6, 12, 18, 26, and 52
Government procurement.
Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.
0
Accordingly, under the authority of 40 U.S.C. 121, the interim rule
published at 71 FR 44546, August 4, 2006, is adopted as a final rule,
and the interim rule published at 72 FR 63084, November 7, 2007, is
adopted as a final rule with the following change:
PART 26--OTHER SOCIOECONOMIC PROGRAMS
0
1. The authority citation for 48 CFR part 26 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. Revise section 26.202-2 to read as follows.
26.202-2 Evaluation preference.
The contracting officer may use an evaluation preference, when
authorized in agency regulations or procedures.
[FR Doc. E8-21387 Filed 9-16-08; 8:45 am]
BILLING CODE 6820-EP-S
