Defense Federal Acquisition Regulation Supplement; Evaluation Factor for Use of Members of the Selected Reserve (DFARS Case 2006-D014), 62211-62212 [E8-24480]
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Federal Register / Vol. 73, No. 203 / Monday, October 20, 2008 / Rules and Regulations
admitted to the United States. CDC
inadvertently omitted an exception to
the chest x-ray examination for aliens in
the United States who apply for
adjustment of status to permanent
resident. CDC is publishing this
correction to clarify that an alien of any
age in the United States who applies for
adjustment of status to permanent
resident shall not be required to have a
chest x-ray examination unless their
tuberculin skin test, or an equivalent
test that shows an immune response to
Mycobacterium tuberculosis, is positive.
List of Subjects in 42 CFR Part 34
Aliens, Health care, Scope of
examination, Passports and visas, Public
health.
Accordingly, 42 CFR part 34 is
corrected by making the following
correcting amendments:
■
PART 34—MEDICAL EXAMINATION OF
ALIENS
1. The authority citation for part 34
continues to read as follows:
■
Authority: 42 U.S.C. 252; 8 U.S.C. 1182
and 1222.
2. Amend § 34.3 by revising paragraph
(e)(2)(iv) to read as follows:
■
§ 34.3
Scope of examinations.
*
*
*
*
(e) * * *
(2) * * *
(iv) Exceptions. Serologic testing for
syphilis and HIV shall not be required
if the alien is under the age of 15, unless
there is a reason to suspect infection
with syphilis or HIV. An alien,
regardless of age, in the United States
who applies for adjustment of status to
lawful permanent resident shall not be
required to have a chest x-ray
examination unless their tuberculin skin
test, or an equivalent test for showing an
immune response to Mycobacterium
tuberculosis antigens, is positive. HHS/
CDC may authorize exceptions to the
requirement for a tuberculin skin test,
an equivalent test for showing an
immune response to Mycobacterium
tuberculosis antigens, or chest X-ray
examination for good cause, upon
application approved by the Director.
*
*
*
*
*
dwashington3 on PRODPC61 with RULES
*
Dated: October 14, 2008.
Ann C. Agnew,
Executive Secretary, Department of Health
and Human Services.
[FR Doc. E8–24797 Filed 10–17–08; 8:45 am]
BILLING CODE 4163–18–P
VerDate Aug<31>2005
15:13 Oct 17, 2008
Jkt 217001
Executive Order 12866, dated
September 30, 1993.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 215 and 252
RIN 0750–AF40
Defense Federal Acquisition
Regulation Supplement; Evaluation
Factor for Use of Members of the
Selected Reserve (DFARS Case 2006–
D014)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 819 of
the National Defense Authorization Act
for Fiscal Year 2006. Section 819
authorizes DoD to use an evaluation
factor that considers whether an offeror
intends to perform a contract using
employees or individual subcontractors
who are members of the Selected
Reserve.
DATES: Effective Date: October 20, 2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Benavides, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–1302;
facsimile 703–602–7887. Please cite
DFARS Case 2006–D014.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule implements Section
819 of the National Defense
Authorization Act for Fiscal Year 2006
(Pub. L. 109–163). Section 819
authorizes DoD to use an evaluation
factor that considers whether an offeror
intends to perform a contract using
employees or individual subcontractors
who are members of the Selected
Reserve, and requires offerors to submit
documentation supporting any stated
intent to use such employees or
subcontractors. The rule contains a
solicitation provision and a contract
clause addressing the evaluation factor
and the obligations of a contractor
awarded a contract based on the
evaluation factor.
DoD published a proposed rule at 72
FR 51209 on September 6, 2007. DoD
received no comments on the proposed
rule. Therefore, DoD has adopted the
proposed rule as a final rule without
change.
This rule was not subject to Office of
Management and Budget review under
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62211
B. Regulatory Flexibility Act
DoD certifies 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.,
because use of the evaluation factor is
discretionary and is not expected to
affect a significant number of
acquisitions.
C. Paperwork Reduction Act
This final rule contains a new
information collection requirement. The
Office of Management and Budget has
approved the information collection
under Control Number 0704–0446.
List of Subjects in 48 CFR Parts 215 and
252
Government procurement.
Michele P. Peterson
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR Parts 215 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
Parts 215 and 252 continues to read as
follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 215—CONTRACTING BY
NEGOTIATION
2. Sections 215.370 through 215.370–
3 are added to read as follows:
■
215.370 Evaluation factor for employing or
subcontracting with members of the
Selected Reserve.
215.370–1
Definition.
Selected Reserve, as used in this
section, is defined in the provision at
252.215–7005, Evaluation Factor for
Employing or Subcontracting with
Members of the Selected Reserve.
215.370–2
Evaluation factor.
In accordance with Section 819 of the
National Defense Authorization Act for
Fiscal Year 2006 (Pub. L. 109–163), the
contracting officer may use an
evaluation factor that considers whether
an offeror intends to perform the
contract using employees or individual
subcontractors who are members of the
Selected Reserve. See PGI 215.370–2 for
guidance on use of this evaluation
factor.
215.370–3 Solicitation provision and
contract clause.
(a) Use the provision at 252.215–7005,
Evaluation Factor for Employing or
Subcontracting with Members of the
E:\FR\FM\20OCR1.SGM
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62212
Federal Register / Vol. 73, No. 203 / Monday, October 20, 2008 / Rules and Regulations
Selected Reserve, in solicitations that
include an evaluation factor considering
whether an offeror intends to perform
the contract using employees or
individual subcontractors who are
members of the Selected Reserve.
(b) Use the clause at 252.215–7006,
Use of Employees or Individual
Subcontractors Who are Members of the
Selected Reserve, in solicitations that
include the provision at 252.215–7005.
Include the clause in the resultant
contract only if the contractor stated in
its proposal that it intends to perform
the contract using employees or
individual subcontractors who are
members of the Selected Reserve, and
that statement was used as an
evaluation factor in the award decision.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Sections 252.215–7005 and
252.215–7006 are added to read as
follows:
■
Use of Employees or Individual
Subcontractors Who Are Members of
the Selected Reserve (Oct 2008)
(a) Definition. Selected Reserve, as used in
this clause, has the meaning given that term
in 10 U.S.C. 10143. Selected Reserve
members normally attend regular drills
throughout the year and are the group of
Reserves most readily available to the
President.
(b) If the Contractor stated in its offer that
it intends to use members of the Selected
Reserve in the performance of this contract—
(1) The Contractor shall use employees, or
individual subcontractors, who are members
of the Selected Reserve in the performance of
the contract to the fullest extent consistent
with efficient contract performance; and
(2) The Government has the right to
terminate the contract for default if the
Contractor willfully or intentionally fails to
use members of the Selected Reserve, as
employees or individual subcontractors, in
the performance of the contract.
(End of clause)
[FR Doc. E8–24480 Filed 10–17–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
As prescribed in 215.370–3(a), use the
following provision:
National Oceanic and Atmospheric
Administration
Evaluation Factor for Employing or
Subcontracting With Members of the
Selected Reserve (Oct 2008)
dwashington3 on PRODPC61 with RULES
252.215–7005 Evaluation Factor for
Employing or Subcontracting With
Members of the Selected Reserve.
50 CFR Part 679
(a) Definition. Selected Reserve, as used in
this provision, has the meaning given that
term in 10 U.S.C. 10143. Selected Reserve
members normally attend regular drills
throughout the year and are the group of
Reserves most readily available to the
President.
(b) This solicitation includes an evaluation
factor that considers the offeror’s intended
use of employees, or individual
subcontractors, who are members of the
Selected Reserve.
(c) If the offeror, in the performance of any
contract resulting from this solicitation,
intends to use employees or individual
subcontractors who are members of the
Selected Reserve, the offeror’s proposal shall
include documentation to support this intent.
Such documentation may include, but is not
limited to—
(1) Existing company documentation, such
as payroll or personnel records, indicating
the names of the Selected Reserve members
who are currently employed by the company;
or
(2) A statement that one or more positions
will be set aside to be filled by new hires of
Selected Reserve members, along with
verifying documentation.
(End of provision)
RIN 0648–XL33
[Docket No. 071106671–8010–02]
252.215–7006 Use of Employees or
Individual Subcontractors Who Are
Members of the Selected Reserve.
As prescribed in 215.370–3(b), use the
following clause:
VerDate Aug<31>2005
15:13 Oct 17, 2008
Jkt 217001
Fisheries of the Exclusive Economic
Zone Off Alaska; Hook–and–Line Gear
in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for groundfish by vessels using
hook–and–line gear in the Gulf of
Alaska (GOA), except for demersal shelf
rockfish in the Southeast Outside
District or sablefish in the GOA. This
action is necessary to prevent exceeding
the 2008 Pacific halibut prohibited
species catch (PSC) limit specified for
vessels using hook–and–line gear
targeting groundfish other than
demersal shelf rockfish in the Southeast
Outside District or sablefish in the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), October 16, 2008, through
2400 hrs, A.l.t., December 31, 2008.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
PO 00000
Frm 00026
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according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the Magnuson–
Stevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2008 Pacific halibut PSC limit
allocated to vessels using hook–and–
line gear targeting groundfish other than
demersal shelf rockfish in the Southeast
Outside District or sablefish in the GOA
was established as 290 metric tons by
the 2008 and 2009 harvest specifications
for groundfish of the GOA (73 FR 10562,
February 27, 2008).
In accordance with § 679.21(d)(7)(ii),
the Regional Administrator has
determined that the 2008 Pacific halibut
PSC limit allocated to vessels using
hook–and–line gear targeting groundfish
other than demersal shelf rockfish in the
Southeast Outside District or sablefish
in the GOA will soon be reached.
Therefore, NMFS is prohibiting directed
fishing for groundfish by vessels using
hook–and–line gear in the Gulf of
Alaska (GOA), except for demersal shelf
rockfish in the Southeast Outside
District or sablefish in the GOA.
After the effective date of this closure,
the maximum retainable amounts at 50
CFR 679.20(e) and (f) apply at any time
during a trip for vessels fishing for
demersal shelf rockfish in the Southeast
Outside District or sablefish in the GOA.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such a requirement
is impracticable and contrary to the
public interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay closing directed fishing for
groundfish by vessels using hook–and–
line gear in the GOA. NMFS was unable
to publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of October 14, 2008.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
E:\FR\FM\20OCR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Rules and Regulations]
[Pages 62211-62212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24480]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 215 and 252
RIN 0750-AF40
Defense Federal Acquisition Regulation Supplement; Evaluation
Factor for Use of Members of the Selected Reserve (DFARS Case 2006-
D014)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 819 of
the National Defense Authorization Act for Fiscal Year 2006. Section
819 authorizes DoD to use an evaluation factor that considers whether
an offeror intends to perform a contract using employees or individual
subcontractors who are members of the Selected Reserve.
DATES: Effective Date: October 20, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-
1302; facsimile 703-602-7887. Please cite DFARS Case 2006-D014.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule implements Section 819 of the National Defense
Authorization Act for Fiscal Year 2006 (Pub. L. 109-163). Section 819
authorizes DoD to use an evaluation factor that considers whether an
offeror intends to perform a contract using employees or individual
subcontractors who are members of the Selected Reserve, and requires
offerors to submit documentation supporting any stated intent to use
such employees or subcontractors. The rule contains a solicitation
provision and a contract clause addressing the evaluation factor and
the obligations of a contractor awarded a contract based on the
evaluation factor.
DoD published a proposed rule at 72 FR 51209 on September 6, 2007.
DoD received no comments on the proposed rule. Therefore, DoD has
adopted the proposed rule as a final rule without change.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies 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.,
because use of the evaluation factor is discretionary and is not
expected to affect a significant number of acquisitions.
C. Paperwork Reduction Act
This final rule contains a new information collection requirement.
The Office of Management and Budget has approved the information
collection under Control Number 0704-0446.
List of Subjects in 48 CFR Parts 215 and 252
Government procurement.
Michele P. Peterson
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Parts 215 and 252 are amended as follows:
0
1. The authority citation for 48 CFR Parts 215 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 215--CONTRACTING BY NEGOTIATION
0
2. Sections 215.370 through 215.370-3 are added to read as follows:
215.370 Evaluation factor for employing or subcontracting with
members of the Selected Reserve.
215.370-1 Definition.
Selected Reserve, as used in this section, is defined in the
provision at 252.215-7005, Evaluation Factor for Employing or
Subcontracting with Members of the Selected Reserve.
215.370-2 Evaluation factor.
In accordance with Section 819 of the National Defense
Authorization Act for Fiscal Year 2006 (Pub. L. 109-163), the
contracting officer may use an evaluation factor that considers whether
an offeror intends to perform the contract using employees or
individual subcontractors who are members of the Selected Reserve. See
PGI 215.370-2 for guidance on use of this evaluation factor.
215.370-3 Solicitation provision and contract clause.
(a) Use the provision at 252.215-7005, Evaluation Factor for
Employing or Subcontracting with Members of the
[[Page 62212]]
Selected Reserve, in solicitations that include an evaluation factor
considering whether an offeror intends to perform the contract using
employees or individual subcontractors who are members of the Selected
Reserve.
(b) Use the clause at 252.215-7006, Use of Employees or Individual
Subcontractors Who are Members of the Selected Reserve, in
solicitations that include the provision at 252.215-7005. Include the
clause in the resultant contract only if the contractor stated in its
proposal that it intends to perform the contract using employees or
individual subcontractors who are members of the Selected Reserve, and
that statement was used as an evaluation factor in the award decision.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Sections 252.215-7005 and 252.215-7006 are added to read as follows:
252.215-7005 Evaluation Factor for Employing or Subcontracting With
Members of the Selected Reserve.
As prescribed in 215.370-3(a), use the following provision:
Evaluation Factor for Employing or Subcontracting With Members of the
Selected Reserve (Oct 2008)
(a) Definition. Selected Reserve, as used in this provision, has
the meaning given that term in 10 U.S.C. 10143. Selected Reserve
members normally attend regular drills throughout the year and are
the group of Reserves most readily available to the President.
(b) This solicitation includes an evaluation factor that
considers the offeror's intended use of employees, or individual
subcontractors, who are members of the Selected Reserve.
(c) If the offeror, in the performance of any contract resulting
from this solicitation, intends to use employees or individual
subcontractors who are members of the Selected Reserve, the
offeror's proposal shall include documentation to support this
intent. Such documentation may include, but is not limited to--
(1) Existing company documentation, such as payroll or personnel
records, indicating the names of the Selected Reserve members who
are currently employed by the company; or
(2) A statement that one or more positions will be set aside to
be filled by new hires of Selected Reserve members, along with
verifying documentation.
(End of provision)
252.215-7006 Use of Employees or Individual Subcontractors Who Are
Members of the Selected Reserve.
As prescribed in 215.370-3(b), use the following clause:
Use of Employees or Individual Subcontractors Who Are Members of the
Selected Reserve (Oct 2008)
(a) Definition. Selected Reserve, as used in this clause, has
the meaning given that term in 10 U.S.C. 10143. Selected Reserve
members normally attend regular drills throughout the year and are
the group of Reserves most readily available to the President.
(b) If the Contractor stated in its offer that it intends to use
members of the Selected Reserve in the performance of this
contract--
(1) The Contractor shall use employees, or individual
subcontractors, who are members of the Selected Reserve in the
performance of the contract to the fullest extent consistent with
efficient contract performance; and
(2) The Government has the right to terminate the contract for
default if the Contractor willfully or intentionally fails to use
members of the Selected Reserve, as employees or individual
subcontractors, in the performance of the contract.
(End of clause)
[FR Doc. E8-24480 Filed 10-17-08; 8:45 am]
BILLING CODE 5001-08-P
