Federal Acquisition Regulation; FAR Case 2008-003, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts-Section 844 of the National Defense Authorization Act for Fiscal Year 2008, 2731-2733 [E9-555]
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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
lll(iii) 52.219–22, Small Disadvantaged
Business Status.
lll(A) Basic.
lll(B) Alternate I.
lll(iv) 52.222–18, Certification
Regarding Knowledge of Child Labor for
Listed End Products.
lll(v) 52.222–48, Exemption from
Application of the Service Contract Act to
Contracts for Maintenance, Calibration, or
Repair of Certain Equipment Certification.
lll(vi) 52.222–52 Exemption from
Application of the Service Contract Act to
Contracts for Certain Services—Certification.
lll(vii) 52.223–9, with its Alternate I,
Estimate of Percentage of Recovered Material
Content for EPA-Designated Products
(Alternate I only).
lll(viii) 52.223–13, Certification of
Toxic Chemical Release Reporting.
lll(ix) 52.227–6, Royalty Information.
lll (A) Basic.
lll (B) Alternate I.
lll(x) 52.227–15, Representation of
Limited Rights Data and Restricted Computer
Software.
(d) * * * After reviewing the ORCA
database information, the offeror verifies by
submission of the offer that the
representations and certifications currently
posted electronically that apply to this
solicitation as indicated in paragraph (c) of
this provision have been entered or updated
within the last 12 months, are current,
accurate, complete, and applicable to this
solicitation (including the business size
standard applicable to the NAICS code
referenced for this solicitation), as of the date
of this offer and are incorporated in this offer
by reference (see FAR 4.1201); except for the
changes identified below [offeror to insert
changes, identifying change by clause
number, title, date]. * * *
*
*
*
*
*
[End of provision]
10. Amend section 52.212–3 by
revising the date of the provision and
paragraph (k)(1)(i) to read as follows:
■
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
(e)(1) Except for services identified in FAR
22.1003–4(d)(1)(iv), the subcontractor for
exempt services shall be selected for award
based on other factors in addition to price or
cost with the combination of other factors at
least as important as price or cost; or
(2) A subcontract for exempt services shall
be awarded on a sole source basis.
*
*
*
*
*
CONTRACT TERMS AND
CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL
ITEMS (FEB 2009)
*
*
DEPARTMENT OF DEFENSE
paragraph’’ and adding ‘‘in this
paragraph (e)(1)’’ in its place; and
■ d. Revising paragraph (e)(1)(x).
■ The revised text reads as follows:
*
*
*
*
(C) * * *
(6) 52.222–53, Exemption from Application
of the Service Contract Act to Contracts for
Certain Services—Requirements (FEB 2009)
(41 U.S.C. 351, et seq.).
*
*
*
*
*
(e)(1) * * *
(x) 52.222–53, Exemption from Application
of the Service Contract Act to Contracts for
Certain Services-Requirements (FEB 2009)(41
U.S.C. 351, et seq.).
*
*
*
*
[End of clause]
12. Amend section 52.222–48 by
revising the date of the provision and
paragraph (a)(1) to read as follows:
52.222–48 Exemption from Application of
the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of
Certain Equipment Certification.
*
*
*
*
*
EXEMPTION FROM APPLICATION
OF THE SERVICE CONTRACT ACT TO
CONTRACTS FOR MAINTENANCE,
CALIBRATION, OR REPAIR OF
CERTAIN EQUIPMENT
CERTIFICATION (FEB 2009)
*
*
*
*
*
*
*
*
OFFEROR REPRESENTATIONS AND
CERTIFICATIONS—COMMERCIAL
ITEMS (FEB 2009)
(a) * * *
(1) The items of equipment to be serviced
under this contract are used regularly for
other than Government purposes, and are
sold or traded by the offeror (or subcontractor
in the case of an exempt subcontractor) in
substantial quantities to the general public in
the course of normal business operations;
*
*
*
*
*
*
*
(k) * * *
[ ](1) * * *
(i) The items of equipment to be serviced
under this contract are used regularly for
other than Governmental purposes and are
sold or traded by the offeror (or subcontractor
in the case of an exempt subcontract) in
substantial quantities to the general public in
the course of normal business operations;
sroberts on PROD1PC70 with RULES
*
*
*
*
[End of provision]
11. Amend section 52.212–5 by—
a. Revising the date of the clause;
b. Revising paragraph (c)(6);
c. Removing from paragraph (e)(1) ‘‘in
paragraphs (e)(1)(i) through (xi) of this
18:43 Jan 14, 2009
*
*
*
[End of provision]
13. Amend section 52.222–53 by
revising the date of the clause and
paragraph (e) to read as follows:
■
52.222–53 Exemption from Application of
the Service Contract Act to Contracts for
Certain Services—Requirements.
*
*
■
■
■
■
VerDate Nov<24>2008
*
Jkt 217001
*
*
*
*
EXEMPTION FROM APPLICATION
OF THE SERVICE CONTRACT ACT TO
CONTRACTS FOR CERTAIN
SERVICES— REQUIREMENTS (FEB
2009)
*
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*
*
Frm 00023
*
Fmt 4701
*
Sfmt 4700
*
*
*
*
[End of clause]
[FR Doc. E9–532 Filed 1–14–09; 8:45 am]
BILLING CODE 6820–EP–S
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 5, 6, and 24
[FAC 2005–30; FAR Case 2008–003; Item
IV; Docket 2008–0001, Sequence 08]
RIN 9000–AL13
*
■
*
52.212–3 Offeror Representations and
Certifications—Commercial Items.
2731
Federal Acquisition Regulation; FAR
Case 2008–003, Public Disclosure of
Justification and Approval Documents
for Noncompetitive Contracts-Section
844 of the National Defense
Authorization Act for Fiscal Year 2008
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 implement Section
844 of the National Defense
Authorization Act for Fiscal Year 2008
‘‘Public Disclosure of Justification and
Approval Documents for
Noncompetitive Contracts’’ (FY08
NDAA). Section 844 of the FY08 NDAA
stipulates the requirements regarding
the public availability of justification
and approval documents after the award
of Federal contracts, except for
information exempt from public
disclosure.
DATES: Effective Date: February 17,
2009.
Applicability Date: This interim rule
applies to all contracts awarded from a
6.303–1 justification and approval
document on or after the effective date.
Comment Date: Interested parties
should submit written comments to the
FAR Secretariat on or before March 16,
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15JAR3
2732
Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
2009 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–30, FAR case
2008–003, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov.Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2008–003’’ under
the heading ‘‘Comment or Submission’’.
Select the link ‘‘Send a Comment or
Submission’’ that corresponds with FAR
Case 2008–003. Follow the instructions
provided to complete the ‘‘Public
Comment and Submission Form’’.
Please include your name, company
name (if any), and ‘‘FAR Case 2008–
003’’ on your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VPR), 1800 F Street, NW, Room 4035,
ATTN: Hada Flowers, Washington, DC
20405.
Instructions: Please submit comments
only and cite FAC 2005–30, FAR case
2008–003, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Ernest Woodson, Procurement Analyst,
at (202) 501–3775 for clarification of
content. Please cite FAC 2005–30, FAR
case 2008–003. For information
pertaining to status or publication
schedules, contact the FAR Secretariat
at (202) 501–4755.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with RULES
A. Background
The National Defense Authorization
Act for Fiscal Year 2008, Section 844
‘‘Public Disclosure of Justification and
Approval Documents for
Noncompetitive Contracts ’’amends 10
U.S.C. 2304 and 41 U.S.C. 253 regarding
procurements made under subsection
(c) (i.e., other than competitive
procedures) to require public
availability of the justification and
approval documents after contract
award except for information exempt
from public disclosure under 5 U.S.C.
552. The provisions of Section 844
require the head of an executive agency
to make certain justification and
approval documents relating to the use
of noncompetitive procedures in
contracting available on the website of
an agency and through a
governmentwide website selected by the
Administrator for Federal Procurement
Policy within 14 days of contract award.
In the case of noncompetitive contracts
VerDate Nov<24>2008
18:43 Jan 14, 2009
Jkt 217001
awarded on the basis of unusual and
compelling urgency, the documents
must be posted within 30 days of
contract award. The Competition in
Contracting Act (Public Law 98–369)
already requires that such justification
and approval documents be made
available for public inspection, subject
to the exemptions from public
disclosures provided in the Freedom of
Information Act (5 U.S.C. 552).
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 this rule does not revise or
change existing regulations pertaining to
small business concerns seeking
Government contracts. Therefore, an
Initial Regulatory Flexibility Analysis
has not been performed. The Councils
will consider comments from small
entities concerning the affected FAR
Parts 5, 6, and 24 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
2005–30, FAR case 2008–003), in all
correspondence.
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.
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
provision of the National Defense
Authorization Act for Fiscal Year 2008,
Section 844 was enacted on January 28,
2008. The Councils believe that the
interim rule in the FAR will provide
contracting officers the relevant
regulatory guidance needed when
addressing requirements outlined in this
PO 00000
Frm 00024
Fmt 4701
Sfmt 4700
notice. The rule will also benefit
industry by increasing transparency and
accountability in federal contracting.
This interim rule is applicable to all
contracts awarded from a 6.303–1
justification and approval document on
or after the effective date of this rule.
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 Parts 5, 6,
and 24
Government procurement.
Dated: December 24, 2008
Edward Loeb,
Acting Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 5, 6, and 24 as set
forth below:
1. The authority citation for 48 CFR
parts 5, 6, and 24 continues to read as
follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 5—PUBLICIZING CONTRACT
ACTIONS
2. Amend section 5.301 by adding
paragraph (d) to read as follows:
■
5.301
General.
*
*
*
*
*
(d) Justifications for other than full
and open competition must be posted in
accordance with 6.305.
■ 3. Add section 5.406 to read as
follows:
5.406 Public disclosure of justification and
approval documents for noncompetitive
contracts.
Justifications for other than full and
open competition must be posted in
accordance with 6.305.
PART 6—COMPETITION
REQUIREMENTS
4. Revise section 6.305 to read as
follows:
■
6.305
Availability of the justification.
(a) Except for paragraph (b) of this
section, the agency shall make publicly
available within 14 days after contract
award the justification required by
6.303–1 as required by 10 U.S.C.
2304(f)(4) and 41 U.S.C. 253(f)(4)—
(1) At the GPE www.fedbizopps.gov;
and
(2) On the website of the agency,
which may provide access to the
justifications by linking to the GPE.
(b) In the case of a contract award
permitted under 6.302–2, the
E:\FR\FM\15JAR3.SGM
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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
justification shall be posted within 30
days after contract award.
(c) Contracting officers shall carefully
screen all justifications for contractor
proprietary data and remove all such
data, and such references and citations
as are necessary to protect the
proprietary data, before making the
justifications available for public
inspection. Contracting officers shall
also be guided by the exemptions to
disclosure of information contained in
the Freedom of Information Act (5
U.S.C. 552) and the prohibitions against
disclosure in 24.202 in determining
whether other data should be removed.
PART 24—PROTECTION OF PRIVACY
AND FREEDOM OF INFORMATION
5. Amend section 24.203 by adding
after the second sentence and at the end
of paragraph (b) new sentences to read
as follows:
■
24.203
Policy.
*
*
*
*
*
(b) * * * Other exemptions include
agency personnel practices, and law
enforcement. * * * A Freedom of
Information Act guide and other
resources are available at the
Department of Justice website under
FOIA reference materials: https://
www.usdoj.gov/oip.
[FR Doc. E9–555 Filed 1–14–09; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 7, 18, 28, 32, 33, 43,
50, and 52
[FAC 2005–30; FAR Case 2006–023; Item
V; Docket 2007–0001; Sequence 8]
RIN 9000–AK75
Federal Acquisition Regulation; FAR
Case 2006–023, SAFETY Act:
Implementation of DHS Regulations
sroberts on PROD1PC70 with RULES
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 agreed to convert the
interim rule that published in the
Federal Register at 72 FR 63027,
VerDate Nov<24>2008
18:43 Jan 14, 2009
Jkt 217001
November 7, 2007 to a final rule. The
final rule amends the Federal
Acquisition Regulation (FAR) to
implement the Department of Homeland
Security (DHS) regulations on the
SAFETY Act.
DATES: Effective Date: February 17,
2009.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward N. Chambers, Procurement
Analyst, at (202) 501–3221 for
clarification of content. For information
pertaining to status or publication
schedules, contact the FAR Secretariat
at (202) 501–4755. Please cite FAC
2005–30, FAR case 2006–023.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published an
interim rule in the Federal Register at
72 FR 63027, November 7, 2007. Seven
respondents submitted comments on the
interim rule. All respondents generally
supported the concepts of the FAR
interim rule, but provided suggestions
to improve clarity and better achieve the
implementation of the SAFETY Act.
1. Definitions.
a. Pre-qualification designation notice
(50.201 and associated clauses). In the
definition ‘‘pre-qualification designation
notice’’ one respondent suggested that
the word ‘‘successful’’ prior to ‘‘offeror’’
be deleted because the interim rule
allows all offerors to submit streamlined
SAFETY Act applications, not just the
successful offeror.
Response: The Councils have
accepted this suggestion and the
definition of ‘‘pre-qualification
designation notice’’ has been modified
throughout the final rule.
b. ‘‘Block designation and ‘‘block
certification.’’ One respondent was
concerned that there is no definition of
the terms ‘‘block designation’’ and block
certification.’’
Response: These definitions were
embedded within the definition of
‘‘SAFETY Act designation’’ and
‘‘SAFETY Act certification.’’ These
terms are now separately defined, to
make it easier to locate the definitions.
2. General (50.203(a)).
The respondent suggested that
because SAFETY Act protections extend
to purchasers and users of technologies
that the phrase in 50.203(a)(2) be
amended to reflect this.
Response: Paragraph (a)(2) of the
interim rule reads as follows:
‘‘(2) Provide risk management and
litigation management protections for sellers
of QATTs and others in the supply and
distribution chain.’’
Risk management and litigation
management are addressed in section
PO 00000
Frm 00025
Fmt 4701
Sfmt 4700
2733
864 and 863 of the SAFETY Act
respectively, and in 6 CFR 25.5 and 25.7
of the DHS regulations. The required
amount of liability insurance purchased
by the seller must provide protection for
contractors, subcontractors, suppliers,
vendors, and customers of the Seller, as
well as contractors, subcontractors,
suppliers, and vendors of the customer,
to the extent of their potential liability
for involvement in the manufacture,
qualification, sale, use, or operation of
the QATT. See Section 864 of the
SAFETY Act. Accordingly, the phrase,
‘‘and others in the supply and
distribution chain,’’ accurately reflects
this required coverage. Therefore, no
change has been made to the rule as a
result of this comment.
3. Policy (50.204).
a. Benefits to the Government. The
respondent thought that because the
SAFETY Act also benefits the
Government with respect to its potential
liability, the requiring activities should
not only encourage contractors to
submit SAFETY Act applications, but
also support these applications.
Response: The subject of any benefit
the Government may ultimately enjoy
with respect to a decreased liability is
one that cannot be addressed in the
context of this FAR case. The
implications are too far reaching and
would require a thorough analysis of
many of the Government’s waivers of
sovereign immunity. However, to the
extent that one of the criteria for the
Department of Homeland Security
(DHS) to determine whether to issue a
designation is a determination made by
a Federal, State, or local official that the
technology is appropriate for
preventing, detecting, identifying, or
deterring acts of terrorism or limiting
the harm such acts might cause, the
FAR case has been amended to
specifically reflect this possibility in
50.204(a) by changing the paragraph to
read:
50.204 Policy.
(a) Agencies should—
(1) Determine whether the technology to be
procured is appropriate for SAFETY Act
protections and, if appropriate, formally relay
this determination to DHS for purposes of
supporting contractor application(s) for
SAFETY Act protections in relation to
criteria (b)(viii) of 6 CFR 25.4, Designation of
Qualified Anti-Terrorism Technologies;
b. Authorities and responsibilities.
One respondent wanted to clarify that
determination of whether the SAFETY
Act is applicable is within the exclusive
purview and discretion of DHS. The
respondent therefore recommended that
the policy at 50.204(a)(1) should be
revised to replace ‘‘should’’ with ‘‘shall
consult with DHS to...’’
E:\FR\FM\15JAR3.SGM
15JAR3
]]>Agencies
[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2731-2733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-555]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5, 6, and 24
[FAC 2005-30; FAR Case 2008-003; Item IV; Docket 2008-0001, Sequence
08]
RIN 9000-AL13
Federal Acquisition Regulation; FAR Case 2008-003, Public
Disclosure of Justification and Approval Documents for Noncompetitive
Contracts-Section 844 of the National Defense Authorization Act for
Fiscal Year 2008
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 implement
Section 844 of the National Defense Authorization Act for Fiscal Year
2008 ``Public Disclosure of Justification and Approval Documents for
Noncompetitive Contracts'' (FY08 NDAA). Section 844 of the FY08 NDAA
stipulates the requirements regarding the public availability of
justification and approval documents after the award of Federal
contracts, except for information exempt from public disclosure.
DATES: Effective Date: February 17, 2009.
Applicability Date: This interim rule applies to all contracts
awarded from a 6.303-1 justification and approval document on or after
the effective date.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before March 16,
[[Page 2732]]
2009 to be considered in the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-30, FAR case 2008-
003, by any of the following methods:
Regulations.gov: https://www.regulations.gov.Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2008-003'' under the heading ``Comment or Submission''. Select the link
``Send a Comment or Submission'' that corresponds with FAR Case 2008-
003. Follow the instructions provided to complete the ``Public Comment
and Submission Form''. Please include your name, company name (if any),
and ``FAR Case 2008-003'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW, Room 4035, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-30, FAR
case 2008-003, in all correspondence related to this case. All comments
received will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775 for clarification of content. Please cite
FAC 2005-30, FAR case 2008-003. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
The National Defense Authorization Act for Fiscal Year 2008,
Section 844 ``Public Disclosure of Justification and Approval Documents
for Noncompetitive Contracts ''amends 10 U.S.C. 2304 and 41 U.S.C. 253
regarding procurements made under subsection (c) (i.e., other than
competitive procedures) to require public availability of the
justification and approval documents after contract award except for
information exempt from public disclosure under 5 U.S.C. 552. The
provisions of Section 844 require the head of an executive agency to
make certain justification and approval documents relating to the use
of noncompetitive procedures in contracting available on the website of
an agency and through a governmentwide website selected by the
Administrator for Federal Procurement Policy within 14 days of contract
award. In the case of noncompetitive contracts awarded on the basis of
unusual and compelling urgency, the documents must be posted within 30
days of contract award. The Competition in Contracting Act (Public Law
98-369) already requires that such justification and approval documents
be made available for public inspection, subject to the exemptions from
public disclosures provided in the Freedom of Information Act (5 U.S.C.
552).
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 this
rule does not revise or change existing regulations pertaining to small
business concerns seeking Government contracts. Therefore, an Initial
Regulatory Flexibility Analysis has not been performed. The Councils
will consider comments from small entities concerning the affected FAR
Parts 5, 6, and 24 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 2005-30, FAR case 2008-003), in all correspondence.
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.
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 provision of the National Defense
Authorization Act for Fiscal Year 2008, Section 844 was enacted on
January 28, 2008. The Councils believe that the interim rule in the FAR
will provide contracting officers the relevant regulatory guidance
needed when addressing requirements outlined in this notice. The rule
will also benefit industry by increasing transparency and
accountability in federal contracting. This interim rule is applicable
to all contracts awarded from a 6.303-1 justification and approval
document on or after the effective date of this rule. 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 Parts 5, 6, and 24
Government procurement.
Dated: December 24, 2008
Edward Loeb,
Acting Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 5, 6, and 24 as set
forth below:
1. The authority citation for 48 CFR parts 5, 6, and 24 continues
to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 5--PUBLICIZING CONTRACT ACTIONS
0
2. Amend section 5.301 by adding paragraph (d) to read as follows:
5.301 General.
* * * * *
(d) Justifications for other than full and open competition must be
posted in accordance with 6.305.
0
3. Add section 5.406 to read as follows:
5.406 Public disclosure of justification and approval documents for
noncompetitive contracts.
Justifications for other than full and open competition must be
posted in accordance with 6.305.
PART 6--COMPETITION REQUIREMENTS
0
4. Revise section 6.305 to read as follows:
6.305 Availability of the justification.
(a) Except for paragraph (b) of this section, the agency shall make
publicly available within 14 days after contract award the
justification required by 6.303-1 as required by 10 U.S.C. 2304(f)(4)
and 41 U.S.C. 253(f)(4)--
(1) At the GPE www.fedbizopps.gov; and
(2) On the website of the agency, which may provide access to the
justifications by linking to the GPE.
(b) In the case of a contract award permitted under 6.302-2, the
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justification shall be posted within 30 days after contract award.
(c) Contracting officers shall carefully screen all justifications
for contractor proprietary data and remove all such data, and such
references and citations as are necessary to protect the proprietary
data, before making the justifications available for public inspection.
Contracting officers shall also be guided by the exemptions to
disclosure of information contained in the Freedom of Information Act
(5 U.S.C. 552) and the prohibitions against disclosure in 24.202 in
determining whether other data should be removed.
PART 24--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
0
5. Amend section 24.203 by adding after the second sentence and at the
end of paragraph (b) new sentences to read as follows:
24.203 Policy.
* * * * *
(b) * * * Other exemptions include agency personnel practices, and
law enforcement. * * * A Freedom of Information Act guide and other
resources are available at the Department of Justice website under FOIA
reference materials: https://www.usdoj.gov/oip.
[FR Doc. E9-555 Filed 1-14-09; 8:45 am]
BILLING CODE 6820-EP-S
