Federal Acquisition Regulation; FAR Case 2008-019, Authentic Information Technology Products, 40131-40132 [E9-19171]

Download as PDF Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules THE FINAL RULE IN THE FEDERAL REGISTER]. SUPPLEMENTARY INFORMATION: Dated: August 4, 2009. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. E9–19156 Filed 8–10–09; 8:45 am] BILLING CODE 9111–23–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 4, 12, 39, and 52 [FAR Case 2008–019; Docket 2009–0018; Sequence 2] RIN 9000–AL11 Federal Acquisition Regulation; FAR Case 2008–019, Authentic Information Technology Products srobinson on DSKHWCL6B1PROD with PROPOSALS AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Advanced Notice of Proposed Rulemaking; notice of public meeting. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are hosting a public meeting to continue a dialogue with industry and Government agencies about ways to develop greater assurance around information technology (IT) products acquired by the Government. The public meeting will include dialogues on the impact of counterfeit IT products on matters of performance and security; contractor liability and consequential damages; the competition aspects of procuring IT products from the original manufacturer or authorized distributors; viable means of representing authenticity of IT products; and contractor supply chain risk management requirements as an evaluation factor in the procurement of IT products. DATES: August 13, 2009, 9 a.m. to 2 p.m. EST. ADDRESSES: See SUPPLEMENTARY INFORMATION section for public meeting address. 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 Regulatory Secretariat at (202) 501– 4755. Please cite FAR case 2008–019. VerDate Nov<24>2008 18:32 Aug 10, 2009 Jkt 217001 A. Public Meeting Address The meeting will be held at the General Services Administration (GSA), 1800 F Street, NW, Washington, DC 20405. The meeting will be held in the GSA Auditorium. Interested parties are encouraged to arrive at least 30 minutes early to accommodate security procedures. If you wish to make a presentation on any of the topics, please contact and submit a copy of your presentation prior to the meeting, to the General Services Administration, Contract Policy Division (VPC), 1800 F Street, NW, Room 4040, Attn: Ernest Woodson, Washington, DC 20405. Telephone: 202–501–3775. Submit electronic materials via e-mail to ernest.woodson@gsa.gov. Please submit presentations only and cite Public Meeting IT Products Continued Dialogue in all correspondence related to the public meeting. The submitted presentations will be the only record of the public meeting. Call-in Information: Parties interested in participating by phone may dial (877) 924–8049, passcode 5363978. Interested parties calling in will not be allowed to present or participate in the question and answer session during a public meeting. Phone lines have been reserved for the first 100 callers. Special Accommodations: The public meeting is physically accessible to people with disabilities. Request for sign language interpretation or other auxiliary aids should be directed to Ernest Woodson, at 202–501–3775, at least 2–working days prior to the meeting date. B. Background On December 11, 2008, the Councils conducted a public meeting (see Federal Register notice at 73 FR 68373–68375 on November 18, 2008) to seek comments from both Government and industry, on among other things, whether the Federal Acquisition Regulation (FAR) should be revised to include a requirement that contractors selling IT products (including computer hardware and software) represent that such products are authentic. The Councils were interested in comments regarding contractor liability if IT products sold to the Government by contractor are not authentic, and whether contractors who are resellers or distributors of computer hardware and software should represent to the Government that they are authorized by the original equipment manufacturer (OEM) to sell IT products to the PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 40131 Government. The comment period closed January 20, 2009. While comments received will be considered in the preparation of a proposed rule, the public meeting contemplated by this notice and those conducted June 23, July 15 and 22, 2009 (see Federal Register notice at 74 FR 26646–26647 on June 3, 2009), will continue a dialogue with industry and Government agencies on the impact of counterfeit IT products on matters of performance and security; contractor liability and consequential damages; the competition aspects of procuring IT products from the original or authorized distributors; viable means of representing authenticity of IT products; and contractor supply chain risk management requirements as an evaluation factor in the procurement of IT products. The public meeting is intended to provide for an exchange of information and ideas that may be used to assist in developing greater assurance around information technology products acquired by the Government. While the focus of this notice is IT products, public meeting comments/presentations are invited on (1) whether the measures proposed herein should be expanded to include other items sold to the Government, such as Electrical, Electronic, and Electromechanical parts; (2) whether the rule should apply when IT is a component of a system or assembled product; and (3) whether vendors, distributors, and manufacturers of IT products and other items sold to the Government should be prequalified based on specific standards of testing, quality, traceability, integrity, and etc., before they are allowed to sell to the Government. The Councils are particularly interested in hearing how industry participants can maintain the integrity of the supply chain while providing Government customers with a variety of cost effective and reliable sources. Previous meetings initiated discussion of how various trade associations and other representative groups could propose to police member organizations or provide some auditable certification or declaration program that provides Government customers with uniform, reasonable assurance that purchased products and subcomponents are not counterfeit. List of Subjects in 48 CFR Parts 2, 4, 12, 39, and 52 Government procurement. E:\FR\FM\11AUP1.SGM 11AUP1 40132 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules Date: August 5, 2009. Al Matera, Director, Office of Acquisition Policy. [FR Doc. E9–19171 Filed 8–10–09; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R2–ES–2009–0041] [MO– 922105 0083–B2] Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Jemez Mountains Salamander (Plethodon neomexicanus) as Threatened or Endangered With Critical Habitat srobinson on DSKHWCL6B1PROD with PROPOSALS AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of 90–day petition finding and initiation of a status review. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 90–day finding on a petition to list the Jemez Mountains salamander (Plethodon neomexicanus) (salamander) as threatened or endangered and designate critical habitat under the Endangered Species Act of 1973, as amended. Following a review of the petition, we find that the petition provides substantial scientific or commercial information indicating that listing the Jemez Mountains salamander may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data and other information regarding this species. At the conclusion of this review, we will issue a 12–month finding to determine if the petitioned action is warranted. We will make a determination on critical habitat for this species if we initiate a listing action. DATES: We made the finding announced in this document on August 11, 2009. To allow us adequate time to conduct this review, we request that we receive information on or before October 13, 2009. You may submit information by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Search for docket FWS–R2–ES–2009–0041 and then follow the instructions for submitting comments. ADDRESSES: VerDate Nov<24>2008 18:32 Aug 10, 2009 Jkt 217001 • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS–R2– ES–2009–0041; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. We will post all information received on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Information Solicited section below for more details). FOR FURTHER INFORMATION CONTACT: Wally ‘‘J’’ Murphy, Field Supervisor, New Mexico Ecological Services Office, 2105 Osuna NE, Albuquerque, NM 87113, by telephone (505–346–2525) or by facsimile (505–346–2542). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Information Solicited When we make a finding that a petition presents substantial information indicating that listing a species may be warranted, we are required to promptly commence a review of the status of the species. To ensure that the status review is complete and based on the best available scientific and commercial information, we are soliciting information on the status of the Jemez Mountains salamander. We request information from the public, other concerned governmental agencies, Native American Tribes, the scientific community, industry, or any other interested parties concerning the status of the salamander. We are seeking information regarding: (1) The historical and current status and distribution of the Jemez Mountains salamander, its biology and ecology, and ongoing conservation measures for the species and its habitat; (2) The species’ population size and population trend; (3) Its taxonomy; and (4) Information relevant to the factors that are the basis for making a listing determination for a species under section 4(a) of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), which are: (a) The present or threatened destruction, modification, or curtailment of the species’ habitat or range; (b) Overutilization for commercial, recreational, scientific, or educational purposes; (c) Disease or predation; (d) The inadequacy of existing regulatory mechanisms; or PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 (e) Other natural or manmade factors affecting its continued existence and threats to the species or its habitat. In this finding, we have identified gaps in the information provided in the petition to help to focus the public on areas where we would like relevant data submitted. If we determine that listing the Jemez Mountains salamander is warranted, we intend to propose critical habitat to the maximum extent prudent and determinable at the time we propose to list the species. Therefore, with regard to areas within the geographical range currently occupied by the salamander, we also request data and information on what may constitute physical or biological features essential to the conservation of the species, where these features are currently found, and whether any of these features may require special management considerations or protection. In addition, we request data and information regarding whether there are areas outside the geographical area occupied by the species that are essential to the conservation of the species. Please provide specific comments and information as to what, if any, critical habitat you think we should propose for designation if the species is proposed for listing, and why such habitat meets the requirements of the Act. We will base our 12–month finding on a review of the best scientific and commercial information available, including all information received during this public comment period. Please note that submissions merely stating support for or opposition to the action under consideration, without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is a threatened or endangered species must be made ‘‘solely on the basis of the best scientific and commercial data available.’’ Based on the status review, we will issue a 12– month finding on the petition, as provided in section 4(b)(3)(B) of the Act. You may submit your information concerning this finding by one of the methods listed in the ADDRESSES section. If you submit information via http:// www.regulations.gov, your entire submission—including any personal identifying information—will be posted on the website. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot E:\FR\FM\11AUP1.SGM 11AUP1

Agencies

[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Proposed Rules]
[Pages 40131-40132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19171]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 12, 39, and 52

[FAR Case 2008-019; Docket 2009-0018; Sequence 2]
RIN 9000-AL11


Federal Acquisition Regulation; FAR Case 2008-019, Authentic 
Information Technology Products

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Advanced Notice of Proposed Rulemaking; notice of public 
meeting.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (the Councils) are hosting a public 
meeting to continue a dialogue with industry and Government agencies 
about ways to develop greater assurance around information technology 
(IT) products acquired by the Government. The public meeting will 
include dialogues on the impact of counterfeit IT products on matters 
of performance and security; contractor liability and consequential 
damages; the competition aspects of procuring IT products from the 
original manufacturer or authorized distributors; viable means of 
representing authenticity of IT products; and contractor supply chain 
risk management requirements as an evaluation factor in the procurement 
of IT products.

DATES:  August 13, 2009, 9 a.m. to 2 p.m. EST.

ADDRESSES: See Supplementary Information section for public meeting 
address.

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 
Regulatory Secretariat at (202) 501-4755. Please cite FAR case 2008-
019.

SUPPLEMENTARY INFORMATION:

A. Public Meeting Address

    The meeting will be held at the General Services Administration 
(GSA), 1800 F Street, NW, Washington, DC 20405. The meeting will be 
held in the GSA Auditorium.
    Interested parties are encouraged to arrive at least 30 minutes 
early to accommodate security procedures.
    If you wish to make a presentation on any of the topics, please 
contact and submit a copy of your presentation prior to the meeting, to 
the General Services Administration, Contract Policy Division (VPC), 
1800 F Street, NW, Room 4040, Attn: Ernest Woodson, Washington, DC 
20405. Telephone: 202-501-3775.
    Submit electronic materials via e-mail to ernest.woodson@gsa.gov. 
Please submit presentations only and cite Public Meeting IT Products 
Continued Dialogue in all correspondence related to the public meeting. 
The submitted presentations will be the only record of the public 
meeting.
    Call-in Information: Parties interested in participating by phone 
may dial (877) 924-8049, passcode 5363978. Interested parties calling 
in will not be allowed to present or participate in the question and 
answer session during a public meeting. Phone lines have been reserved 
for the first 100 callers.
    Special Accommodations: The public meeting is physically accessible 
to people with disabilities. Request for sign language interpretation 
or other auxiliary aids should be directed to Ernest Woodson, at 202-
501-3775, at least 2-working days prior to the meeting date.

B. Background

    On December 11, 2008, the Councils conducted a public meeting (see 
Federal Register notice at 73 FR 68373-68375 on November 18, 2008) to 
seek comments from both Government and industry, on among other things, 
whether the Federal Acquisition Regulation (FAR) should be revised to 
include a requirement that contractors selling IT products (including 
computer hardware and software) represent that such products are 
authentic. The Councils were interested in comments regarding 
contractor liability if IT products sold to the Government by 
contractor are not authentic, and whether contractors who are resellers 
or distributors of computer hardware and software should represent to 
the Government that they are authorized by the original equipment 
manufacturer (OEM) to sell IT products to the Government. The comment 
period closed January 20, 2009.
    While comments received will be considered in the preparation of a 
proposed rule, the public meeting contemplated by this notice and those 
conducted June 23, July 15 and 22, 2009 (see Federal Register notice at 
74 FR 26646-26647 on June 3, 2009), will continue a dialogue with 
industry and Government agencies on the impact of counterfeit IT 
products on matters of performance and security; contractor liability 
and consequential damages; the competition aspects of procuring IT 
products from the original or authorized distributors; viable means of 
representing authenticity of IT products; and contractor supply chain 
risk management requirements as an evaluation factor in the procurement 
of IT products.
    The public meeting is intended to provide for an exchange of 
information and ideas that may be used to assist in developing greater 
assurance around information technology products acquired by the 
Government. While the focus of this notice is IT products, public 
meeting comments/presentations are invited on (1) whether the measures 
proposed herein should be expanded to include other items sold to the 
Government, such as Electrical, Electronic, and Electromechanical 
parts; (2) whether the rule should apply when IT is a component of a 
system or assembled product; and (3) whether vendors, distributors, and 
manufacturers of IT products and other items sold to the Government 
should be prequalified based on specific standards of testing, quality, 
traceability, integrity, and etc., before they are allowed to sell to 
the Government.
    The Councils are particularly interested in hearing how industry 
participants can maintain the integrity of the supply chain while 
providing Government customers with a variety of cost effective and 
reliable sources. Previous meetings initiated discussion of how various 
trade associations and other representative groups could propose to 
police member organizations or provide some auditable certification or 
declaration program that provides Government customers with uniform, 
reasonable assurance that purchased products and subcomponents are not 
counterfeit.

List of Subjects in 48 CFR Parts 2, 4, 12, 39, and 52

    Government procurement.


[[Page 40132]]


    Date: August 5, 2009.
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E9-19171 Filed 8-10-09; 8:45 am]
BILLING CODE 6820-EP-S