Defense Federal Acquisition Regulation Supplement; Clean Air Act and Clean Water Act Exemptions (DFARS Case 2007-D022), 2414 [E9-661]

Download as PDF 2414 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 209 RIN 0750–AF97 Defense Federal Acquisition Regulation Supplement; Clean Air Act and Clean Water Act Exemptions (DFARS Case 2007–D022) 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 address the procedures that apply when it is necessary to award to a contractor that is otherwise excluded from Federal procurement programs due to a violation of the Clean Air Act or the Clean Water Act. DATES: Effective Date: January 15, 2009. FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone 703–602–8384; facsimile 703–602–7887. Please cite DFARS Case 2007–D022. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC66 with RULES The List of Parties Excluded from Federal Procurement and Nonprocurement Programs, maintained by the General Services Administration, identifies contractor facilities where no part of a Federal contract or subcontract may be performed due to a violation of the Clean Air Act (42 U.S.C. 7606) or the Clean Water Act (33 U.S.C. 1368). In accordance with Executive Order 11738, the head of a Federal agency may grant an exemption permitting award to a contractor using an otherwise ineligible facility, if the head of the agency determines that the exemption is in the paramount interest of the United States. This final rule amends the procedures specified in the DFARS for processing such an exemption, to more closely align with the requirements of Executive Order 11738. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on 16:54 Jan 14, 2009 C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. Jkt 217001 (2) May grant a class exemption only after consulting with the Environmental Protection Agency suspending and debarring official. (C) Exemptions shall be for a period not to exceed one year. The continuing necessity for each exemption shall be reviewed annually and, upon the making of a new determination, may be extended for periods not to exceed one year. (D) All exemptions must be reported annually to the Environmental Protection Agency suspending and debarring official. (E) See PGI 209.405 for additional procedures and information. [FR Doc. E9–661 Filed 1–14–09; 8:45 am] List of Subjects in 48 CFR Part 209 Government procurement. BILLING CODE 5001–08–P Michele P. Peterson, Editor, Defense Acquisition Regulations System. DEPARTMENT OF DEFENSE Therefore, 48 CFR part 209 is amended as follows: ■ Defense Acquisition Regulations System 48 CFR Part 209 PART 209—CONTRACTOR QUALIFICATIONS RIN 0750–AG20 1. The authority citation for 48 CFR part 209 continues to read as follows: Defense Federal Acquisition Regulation Supplement; Responsible Prospective Contractors (DFARS Case 2008–D022) ■ Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Section 209.405 is amended by revising paragraph (b) to read as follows: ■ 209.405 A. Background VerDate Nov<24>2008 contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment under 41 U.S.C. 418b is not required. However, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2007–D022. Effect of listing. * * * * * (b)(i) The Procurement Cause and Treatment Code ‘‘H’’ annotation in the GSA List of Parties Excluded from Federal Procurement and Nonprocurement Programs identifies contractor facilities where no part of a contract or subcontract may be performed because of a violation of the Clean Air Act (42 U.S.C. 7606) or the Clean Water Act (33 U.S.C. 1368). (ii) Under the authority of Section 8 of Executive Order 11738, the agency head may grant an exemption permitting award to a contractor using a Code ‘‘H’’ ineligible facility if the agency head determines that such an exemption is in the paramount interest of the United States. (A) The agency head may delegate this exemption authority to a level no lower than a general or flag officer or a member of the Senior Executive Service. (B) The official granting the exemption— (1) Shall promptly notify the Environmental Protection Agency suspending and debarring official of the exemption and the corresponding justification; and PO 00000 Frm 00122 Fmt 4700 Sfmt 4700 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 address use of the Past Performance Information Retrieval System (PPIRS) in determining contractor responsibility. PPIRS is a Web-based application that stores information regarding contractor performance on Government contracts. DATES: Effective Date: January 15, 2009. 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 2008–D022. SUPPLEMENTARY INFORMATION: A. Background This final rule adds text at DFARS 209.105–1 to address use of PPIRS (available at http://www.ppirs.gov) in meeting requirements for determining contractor responsibility. The rule emphasizes that use of PPIRS information regarding contract E:\FR\FM\15JAR1.SGM 15JAR1

Agencies

[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Page 2414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-661]



[[Page 2414]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 209

RIN 0750-AF97


Defense Federal Acquisition Regulation Supplement; Clean Air Act 
and Clean Water Act Exemptions (DFARS Case 2007-D022)

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 address the procedures 
that apply when it is necessary to award to a contractor that is 
otherwise excluded from Federal procurement programs due to a violation 
of the Clean Air Act or the Clean Water Act.

DATES: Effective Date: January 15, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone 703-602-8384; facsimile 
703-602-7887. Please cite DFARS Case 2007-D022.

SUPPLEMENTARY INFORMATION:

A. Background

    The List of Parties Excluded from Federal Procurement and 
Nonprocurement Programs, maintained by the General Services 
Administration, identifies contractor facilities where no part of a 
Federal contract or subcontract may be performed due to a violation of 
the Clean Air Act (42 U.S.C. 7606) or the Clean Water Act (33 U.S.C. 
1368). In accordance with Executive Order 11738, the head of a Federal 
agency may grant an exemption permitting award to a contractor using an 
otherwise ineligible facility, if the head of the agency determines 
that the exemption is in the paramount interest of the United States. 
This final rule amends the procedures specified in the DFARS for 
processing such an exemption, to more closely align with the 
requirements of Executive Order 11738.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
under 41 U.S.C. 418b is not required. However, DoD will consider 
comments from small entities concerning the affected DFARS subpart in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 
2007-D022.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any 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 Part 209

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR part 209 is amended as follows:

PART 209--CONTRACTOR QUALIFICATIONS

0
1. The authority citation for 48 CFR part 209 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

0
2. Section 209.405 is amended by revising paragraph (b) to read as 
follows:

209.405  Effect of listing.

* * * * *
    (b)(i) The Procurement Cause and Treatment Code ``H'' annotation in 
the GSA List of Parties Excluded from Federal Procurement and 
Nonprocurement Programs identifies contractor facilities where no part 
of a contract or subcontract may be performed because of a violation of 
the Clean Air Act (42 U.S.C. 7606) or the Clean Water Act (33 U.S.C. 
1368).
    (ii) Under the authority of Section 8 of Executive Order 11738, the 
agency head may grant an exemption permitting award to a contractor 
using a Code ``H'' ineligible facility if the agency head determines 
that such an exemption is in the paramount interest of the United 
States.
    (A) The agency head may delegate this exemption authority to a 
level no lower than a general or flag officer or a member of the Senior 
Executive Service.
    (B) The official granting the exemption--
    (1) Shall promptly notify the Environmental Protection Agency 
suspending and debarring official of the exemption and the 
corresponding justification; and
    (2) May grant a class exemption only after consulting with the 
Environmental Protection Agency suspending and debarring official.
    (C) Exemptions shall be for a period not to exceed one year. The 
continuing necessity for each exemption shall be reviewed annually and, 
upon the making of a new determination, may be extended for periods not 
to exceed one year.
    (D) All exemptions must be reported annually to the Environmental 
Protection Agency suspending and debarring official.
    (E) See PGI 209.405 for additional procedures and information.

[FR Doc. E9-661 Filed 1-14-09; 8:45 am]
BILLING CODE 5001-08-P