Defense Federal Acquisition Regulation Supplement; Responsible Prospective Contractors (DFARS Case 2008-D022), 2414-2415 [E9-668]
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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
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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 https://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
Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
termination for cause or default is just
one consideration in making a
determination of contractor
responsibility.
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 2008–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.
Therefore, 48 CFR part 209 is
amended as follows:
■
PART 209—CONTRACTOR
QUALIFICATIONS
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.
2. Section 209.105–1 is revised to read
as follows:
■
mstockstill on PROD1PC66 with RULES
209.105–1
Obtaining information.
(1) For guidance on using the
Excluded Parties List System, see PGI
209.105–1.
(2) A satisfactory performance record
is a factor in determining contractor
responsibility (see FAR 9.104–1(c)). One
source of information relating to
contractor performance is the Past
Performance Information Retrieval
System (PPIRS), available at https://
www.ppirs.gov. Information relating to
contract terminations for cause and for
default is also available through PPIRS
(see PGI 212.403(c) and PGI 249.470).
This termination information is just one
VerDate Nov<24>2008
16:54 Jan 14, 2009
Jkt 217001
consideration in determining contractor
responsibility.
2415
www.regulations.gov, including any
personal information provided.
[FR Doc. E9–668 Filed 1–14–09; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 5001–08–P
Ms.
Angie Sawyer, 703–602–8384.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
A. Background
Defense Acquisition Regulations
System
This interim rule amends the DoD
pilot program addressed in DFARS
Subpart 212.70, Pilot Program for
Transition to Follow-On Contracting
After Use of Other Transaction
Authority. The pilot program
implements Section 845(e) of the
National Defense Authorization Act for
Fiscal Year 1994 (10 U.S.C. 2371 note),
and provides that certain items that do
not otherwise meet the definition of
‘‘commercial item’’ may be treated as
commercial items in the award of
contracts and subcontracts that follow
an other transaction agreement. Section
824 of the National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417) amended the
authority for the pilot program to
establish a new program expiration date
of September 30, 2010, and to add items
developed under research projects in
accordance with 10 U.S.C. 2371 to the
types of items to which the program
applies.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
48 CFR Part 212
RIN 0750–AG17
Defense Federal Acquisition
Regulation Supplement; Pilot Program
for Transition to Follow-On
Contracting After Use of Other
Transaction Authority (DFARS Case
2008–D030)
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 824 of
the National Defense Authorization Act
for Fiscal Year 2009. Section 824
amended the DoD pilot program for
transition to follow-on contracting after
use of other transaction authority, to
establish a new program expiration date
and to include items developed under
research projects within the scope of the
program.
DATES: Effective date: January 15, 2009.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before March 16, 2009, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2008–D030,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2008–D030 in the subject
line of the message.
Æ Fax: 703–602–7887.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Angie
Sawyer, OUSD(AT&L)DPAP(DARS),
IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Æ Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
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Fmt 4700
Sfmt 4700
B. Regulatory Flexibility Act
DoD does not expect this 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.
Although the rule is expected to ease
the transition of nontraditional defense
contractors from the use of other
transaction agreements to standard
contracts, the economic impact is not
expected to be substantial. Therefore,
DoD has not performed an initial
regulatory flexibility analysis. DoD
invites comments from small businesses
and other interested parties. DoD also
will consider comments from small
entities concerning the affected DFARS
subpart in accordance with 5 U.S.C.
610. Such comments should be
submitted separately and should cite
DFARS Case 2008–D030.
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.
E:\FR\FM\15JAR1.SGM
15JAR1
]]>Agencies
[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2414-2415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-668]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 209
RIN 0750-AG20
Defense Federal Acquisition Regulation Supplement; Responsible
Prospective Contractors (DFARS Case 2008-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 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 https://www.ppirs.gov) in meeting requirements for
determining contractor responsibility. The rule emphasizes that use of
PPIRS information regarding contract
[[Page 2415]]
termination for cause or default is just one consideration in making a
determination of contractor responsibility.
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
2008-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 209.105-1 is revised to read as follows:
209.105-1 Obtaining information.
(1) For guidance on using the Excluded Parties List System, see PGI
209.105-1.
(2) A satisfactory performance record is a factor in determining
contractor responsibility (see FAR 9.104-1(c)). One source of
information relating to contractor performance is the Past Performance
Information Retrieval System (PPIRS), available at https://
www.ppirs.gov. Information relating to contract terminations for cause
and for default is also available through PPIRS (see PGI 212.403(c) and
PGI 249.470). This termination information is just one consideration in
determining contractor responsibility.
[FR Doc. E9-668 Filed 1-14-09; 8:45 am]
BILLING CODE 5001-08-P
