Federal Acquisition Regulation; FAR Case 2008-016, Termination for Default Reporting, 45394-45396 [E9-21176]
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45394
Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Proposed Rules
commitments as specified in 40 CFR
93.125.
On May 12, 2009, EPA initiated an
adequacy review of the Guaynabo LMP
for transportation conformity purposes
in accordance with 40 CFR 93.118(f), in
a posting on EPA’s conformity Web site:
https://www.epa.gov/otaq/
stateresources/transconf/adequacy.htm.
As stated above, LMP budgets are
unconstrained and consequently, the
adequacy review period for these
maintenance plans serves to allow the
public to comment on whether limited
maintenance is appropriate for these
areas. The comment period for the
adequacy posting for the Guaynabo LMP
ended on June 11, 2009. EPA did not
receive any comments on this posting.
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(2) General Conformity
For federal actions which are required
to address the specific requirements of
the general conformity rule, one set of
requirements applies particularly to
ensuring that emissions from the action
will not cause or contribute to new
violations of the NAAQS, exacerbate
current violations, or delay timely
attainment. One way that this
requirement can be met is to
demonstrate that ‘‘the total of direct and
indirect emissions from the action (or
portion thereof) is determined and
documented by the State or
Commonwealth agency primarily
responsible for the applicable SIP to
result in a level of emissions which,
together with all other emissions in the
nonattainment area, would not exceed
the emissions budgets specified in the
applicable SIP.’’ 40 CFR
93.158(a)(5)(i)(A). The decision about
whether to include specific allocations
of allowable emissions increases to
sources is one made by the
Commonwealth and local air quality
agencies. These emissions budgets are
different than those used in
transportation conformity. Emissions
budgets in transportation conformity are
required to limit and restrain emissions.
Emissions budgets in general conformity
allow increases in emissions up to
specified levels. Puerto Rico has chosen
not to include specific emissions
allocations for federal projects that
would be subject to the provisions of
general conformity.
V. What Are EPA’s Conclusions?
EPA has determined that the PM10
Limited Maintenance Plan submitted by
the PREQB on March 31, 2009 for the
Municipality of Guaynabo meets all
Clean Air Act provisions and EPA
policy and guidance, including the
criteria outlined in EPA’s LMP option
memo. Therefore, EPA is proposing to
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14:26 Sep 01, 2009
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approve the PM10 Limited Maintenance
Plan for the Municipality of Guaynabo
and all of its components as they were
submitted by PREQB on March 31,
2009. Specifically, EPA is proposing to
approve the 2002 PM10 attainment
emissions inventory, attainment plan,
maintenance demonstration,
contingency measures, monitoring
network, transportation conformity
analysis and revisions to Rules 102 and
423 of the Puerto Rico RCAP.
EPA is also proposing to approve the
redesignation request for the
Municipality of Guaynabo submitted by
the PREQB on March 31, 2009 based on
EPA’s determination that the supporting
documentation for redesignation
satisfies all Clean Air Act requirements
and EPA’s policy and guidance,
including the criteria outlined in EPA’s
redesignation guidance memorandum.
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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Frm 00014
Fmt 4702
Sfmt 4702
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Oxides of
Nitrogen, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Dated: August 18, 2009.
Barbara A. Finazzo,
Acting Regional Administrator, Region 2.
[FR Doc. E9–21169 Filed 9–1–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 8, 12, 15, 42, and 49
[FAR Case 2008–016; Docket 2009-0032,
Sequence 1]
RIN 9000–AL45
Federal Acquisition Regulation; FAR
Case 2008–016, Termination for Default
Reporting
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Proposed Rules
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
A. Background
erowe on DSK5CLS3C1PROD with PROPOSALS-1
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
establish procedures for contracting
officers to provide contractor
information into the Past Performance
Information System (PPIRS). This case
sets forth requirements for reporting
defective cost or pricing data and
terminations for cause or default.
Evaluation of past performance
information, especially terminations,
manages risks associated with timely,
effective and cost efficient completion
of contracts, a key objective of the
President’s March 4, 2009,
Memorandum on Government
Contracting.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before November 2,
2009 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAR case 2008–016 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting ‘‘FAR
Case 2008–016’’ into the field
‘‘Keyword’’. Select the link that
corresponds with FAR Case 2008–016.
Follow the instructions provided to
submit your comment. Please include
your name, company name (if any), and
‘‘FAR Case 2008–016’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VPR), 1800 F Street, NW., Room 4041,
ATTN: Hada Flowers, Washington, DC
20405.
Instructions: Please submit comments
only and cite FAR case 2008–016 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: Ms.
Beverly Cromer, Procurement Analyst,
at (202) 501–1448 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite FAR case 2008–016.
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
14:26 Sep 01, 2009
Jkt 217001
This proposed case is subsequent to
and supplements FAR Case 2006–022,
Contractor Performance Information,
that was published in the Federal
Register as a final rule on July 1, 2009
(74 FR 31557). FAR Case 2006–022
provided requirements for contractor
performance information to be entered
into PPIRS. This case, at the request of
the Office of Federal Procurement
Policy (OFPP), expands on FAR Case
2006–022 by adding requirements for
other contractor information to be
entered into PPIRS, such as defective
cost or pricing data and terminations for
cause or default.
The Councils further considered the
memorandum issued by the Office of
the Under Secretary of Defense, subject
Termination Notification dated July 23,
2008, in drafting this proposed rule.
(See www.acq.osd.mil/dpap/ops/
policylvaultlarchive.html.)
This proposed FAR rule includes the
following:
1. Addition of language in FAR 8.406–
8, Reporting, for the ordering activity
contracting officer, in accordance with
agency procedures, to ensure that
information related to termination for
cause notices and any amendments are
included in PPIRS, and in the event the
termination for cause is subsequently
converted to a termination for
convenience, or is otherwise
withdrawn, the contracting officer shall
ensure that a notice of the conversion or
withdrawal is included in PPIRS.
2. Addition of language in FAR
12.403(c)(4) for the contracting officer,
in accordance with agency procedures,
to ensure that information related to
termination for cause notices and any
amendments are included in PPIRS in
accordance with FAR 42.1503(f), and, in
the event the termination for cause is
subsequently converted to a termination
for convenience, or is otherwise
withdrawn, the contracting officer shall
ensure that a notice of the conversion or
withdrawal is included in PPIRS.
3. Addition of language in FAR
15.407–1(d) for the contracting officer,
in accordance with agency procedures,
to ensure that information relating to a
determination that the contractor
submitted defective cost or pricing data
is provided for inclusion in PPIRS.
4. Addition of language in FAR
42.1503(f) setting forth the procedure for
contracting officers within 10 days after
determining that a contractor has
submitted defective cost or pricing data,
or a termination for cause or default
notice has been issued or any
subsequent conversions or withdrawals
have been issued, to ensure information
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
45395
related to these issues are provided for
inclusion in PPIRS.
5. Addition of language in FAR
49.402–8, Reporting Information, for the
contracting officer, in accordance with
agency procedures, to ensure that
information relating to the termination
for default notice and any subsequent
conversions or withdrawals are
provided for inclusion in PPIRS.
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 Councils do not expect this
proposed 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., because the
rule does not impose any additional
requirements on small businesses. The
collection and reporting of contractor
information is an internal process to the
Government. An Initial Regulatory
Flexibility Analysis has, therefore, not
been performed. We invite comments
from small businesses and other
interested parties. The Councils will
consider comments from small entities
concerning the affected FAR Parts 8, 12,
15, 42, and 49 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. (FAR
case 2008–016), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed 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. Chapter 35,
et seq.
List of Subjects in 48 CFR Parts 8, 12,
15, 42, and 49
Government procurement.
Dated: August 27, 2009.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 8, 12,
15, 42, and 49 as set forth below:
1. The authority citation for 48 CFR
parts 8, 12, 15, 42, and 49 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).
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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Proposed Rules
42.1502
PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
2. Add section 8.406–8 to read as
follows:
8.406–8
Reporting.
An ordering activity contracting
officer, in accordance with agency
procedures, shall ensure that
information related to termination for
cause notices and any amendments are
included in PPIRS in accordance with
42.1503(f). In the event the termination
for cause is subsequently converted to a
termination for convenience, or is
otherwise withdrawn, the contracting
officer shall ensure that a notice of the
conversion or withdrawal is included in
PPIRS.
PART 12—ACQUISITION OF
COMMERCIAL ITEMS
3. Amend section 12.403 by adding
paragraph (c)(4) to read as follows:
12.403
*
*
*
*
*
(c) * * *
(4) The contracting officer, in
accordance with agency procedures,
shall ensure that information related to
termination for cause notices and any
amendments are included in PPIRS in
accordance with 42.1503(f). In the event
the termination for cause is
subsequently converted to a termination
for convenience, or is otherwise
withdrawn, the contracting officer shall
ensure that a notice of the conversion or
withdrawal is included in PPIRS.
*
*
*
*
*
PART 15—CONTRACTING BY
NEGOTIATION
Defective cost or pricing data.
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*
*
*
*
*
(d) * * * When the contracting officer
determines that the contractor
submitted defective cost or pricing data,
the contracting officer, in accordance
with agency procedures, shall ensure
that information relating to the
determination is provided for inclusion
in PPIRS in accordance with 42.1503(f).
*
*
*
*
*
PART 42—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
5. Amend section 42.1502 by adding
paragraph (i) to read as follows:
14:26 Sep 01, 2009
Jkt 217001
42.1503
Procedures.
*
*
*
*
*
(f) Other contractor information.
Within 10 days after a contracting
officer determines that a contractor has
submitted defective cost or pricing data,
or a termination for cause or default
notice has been issued or any
subsequent conversions or withdrawals
have been issued, agencies shall ensure
information related to these issues are
provided for inclusion in PPIRS.
7. Add section 49.402–8 to read as
follows:
49.402–8
Reporting Information.
The contracting officer, in accordance
with agency procedures, shall ensure
that information relating to the
termination for default notice and any
subsequent conversions or withdrawals
are provided for inclusion in PPIRS in
accordance with 42.1503(f).
[FR Doc. E9–21176 Filed 9–1–09; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF THE INTERIOR
50 CFR Part 17
[FWS-R2-ES-2008-0110]
[MO 9221050083-B2]
Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a
Petition To List the Sacramento
Mountains Checkerspot Butterfly as
Endangered with Critical Habitat
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of 12–month petition
finding.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce our
12–month finding on a petition to list
the Sacramento Mountains checkerspot
butterfly (Euphydryas anicia
cloudcrofti) as an endangered species
and to designate critical habitat under
PO 00000
Frm 00016
Fmt 4702
the Endangered Species Act of 1973, as
amended (Act). After a thorough review
of all available scientific and
commercial information, we find that
listing the subspecies is not warranted
at this time. We ask the public to
continue to submit to us any new
information that becomes available
concerning the status of or threats to the
subspecies. This information will help
us to monitor and encourage the
conservation of the subspecies.
DATES: This finding was made on
September 2, 2009.
ADDRESSES: This finding is available on
the Internet at https://
www.regulations.gov at Docket Number
FWS-R2-ES-2008-0110. Supporting
documentation we used to prepare this
finding is available for public
inspection, by appointment, during
normal business hours at the U.S. Fish
and Wildlife Service, New Mexico
Ecological Services Office, 2105 Osuna
NE, Albuquerque, NM 87113; telephone
(505) 346-2525; facsimile (505) 3462542. Please submit any new
information, materials, comments, or
questions concerning this finding to the
above address.
FOR FURTHER INFORMATION CONTACT:
Wally ‘‘J’’ Murphy, Field Supervisor,
New Mexico Ecological Services Office
(see ADDRESSES). If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
Fish and Wildlife Service
4. Amend section 15.407–1 by adding
a new sentence to the end of paragraph
(d) to read as follows:
VerDate Nov<24>2008
*
*
*
*
(i) Agencies shall promptly provide
other contractor information for
inclusion in PPIRS in accordance with
42.1503(f).
6. Amend section 42.1503 by
removing from paragraph (a) the words
‘‘office, end’’ and adding ‘‘office, audit
office, end’’ in its place; and adding
paragraph (f) to read as follows:
PART 49—TERMINATION OF
CONTRACTS
Termination.
15.407–1
Policy.
*
Sfmt 4702
Section 4(b)(3)(B) of the Endangered
Species Act (Act) (16 U.S.C. 1531 et
seq.) requires that, for any petition to
revise the List of Endangered and
Threatened Wildlife that contains
substantial scientific and commercial
information that listing may be
warranted, we make a finding within 12
months of the date of receipt of the
petition on whether the petitioned
action is: (a) Not warranted, (b)
warranted, or (c) warranted, but the
immediate proposal of a regulation
implementing the petitioned action is
precluded by other pending proposals to
determine whether species are
threatened or endangered, and
expeditious progress is being made to
add or remove qualified species from
the List of Endangered and Threatened
Wildlife. Section 4(b)(3)(C) of the Act
requires that a petition for which the
requested action is found to be
warranted but precluded be treated as
though resubmitted on the date of such
finding, that is, requiring a subsequent
finding to be made within 12 months.
E:\FR\FM\02SEP1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Proposed Rules]
[Pages 45394-45396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21176]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 8, 12, 15, 42, and 49
[FAR Case 2008-016; Docket 2009-0032, Sequence 1]
RIN 9000-AL45
Federal Acquisition Regulation; FAR Case 2008-016, Termination
for Default Reporting
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA),
[[Page 45395]]
and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to establish procedures for
contracting officers to provide contractor information into the Past
Performance Information System (PPIRS). This case sets forth
requirements for reporting defective cost or pricing data and
terminations for cause or default. Evaluation of past performance
information, especially terminations, manages risks associated with
timely, effective and cost efficient completion of contracts, a key
objective of the President's March 4, 2009, Memorandum on Government
Contracting.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before November 2, 2009 to be considered
in the formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2008-016 by any of
the following methods:
Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``FAR Case 2008-016'' into the field ``Keyword''. Select the link that
corresponds with FAR Case 2008-016. Follow the instructions provided to
submit your comment. Please include your name, company name (if any),
and ``FAR Case 2008-016'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2008-
016 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: Ms. Beverly Cromer, Procurement
Analyst, at (202) 501-1448 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-
016.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed case is subsequent to and supplements FAR Case 2006-
022, Contractor Performance Information, that was published in the
Federal Register as a final rule on July 1, 2009 (74 FR 31557). FAR
Case 2006-022 provided requirements for contractor performance
information to be entered into PPIRS. This case, at the request of the
Office of Federal Procurement Policy (OFPP), expands on FAR Case 2006-
022 by adding requirements for other contractor information to be
entered into PPIRS, such as defective cost or pricing data and
terminations for cause or default.
The Councils further considered the memorandum issued by the Office
of the Under Secretary of Defense, subject Termination Notification
dated July 23, 2008, in drafting this proposed rule. (See
www.acq.osd.mil/dpap/ops/policy_vault_archive.html.)
This proposed FAR rule includes the following:
1. Addition of language in FAR 8.406-8, Reporting, for the ordering
activity contracting officer, in accordance with agency procedures, to
ensure that information related to termination for cause notices and
any amendments are included in PPIRS, and in the event the termination
for cause is subsequently converted to a termination for convenience,
or is otherwise withdrawn, the contracting officer shall ensure that a
notice of the conversion or withdrawal is included in PPIRS.
2. Addition of language in FAR 12.403(c)(4) for the contracting
officer, in accordance with agency procedures, to ensure that
information related to termination for cause notices and any amendments
are included in PPIRS in accordance with FAR 42.1503(f), and, in the
event the termination for cause is subsequently converted to a
termination for convenience, or is otherwise withdrawn, the contracting
officer shall ensure that a notice of the conversion or withdrawal is
included in PPIRS.
3. Addition of language in FAR 15.407-1(d) for the contracting
officer, in accordance with agency procedures, to ensure that
information relating to a determination that the contractor submitted
defective cost or pricing data is provided for inclusion in PPIRS.
4. Addition of language in FAR 42.1503(f) setting forth the
procedure for contracting officers within 10 days after determining
that a contractor has submitted defective cost or pricing data, or a
termination for cause or default notice has been issued or any
subsequent conversions or withdrawals have been issued, to ensure
information related to these issues are provided for inclusion in
PPIRS.
5. Addition of language in FAR 49.402-8, Reporting Information, for
the contracting officer, in accordance with agency procedures, to
ensure that information relating to the termination for default notice
and any subsequent conversions or withdrawals are provided for
inclusion in PPIRS.
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 Councils do not expect this proposed 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.,
because the rule does not impose any additional requirements on small
businesses. The collection and reporting of contractor information is
an internal process to the Government. An Initial Regulatory
Flexibility Analysis has, therefore, not been performed. We invite
comments from small businesses and other interested parties. The
Councils will consider comments from small entities concerning the
affected FAR Parts 8, 12, 15, 42, and 49 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. (FAR case 2008-016), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
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. Chapter 35, et seq.
List of Subjects in 48 CFR Parts 8, 12, 15, 42, and 49
Government procurement.
Dated: August 27, 2009.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 8, 12,
15, 42, and 49 as set forth below:
1. The authority citation for 48 CFR parts 8, 12, 15, 42, and 49
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).
[[Page 45396]]
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
2. Add section 8.406-8 to read as follows:
8.406-8 Reporting.
An ordering activity contracting officer, in accordance with agency
procedures, shall ensure that information related to termination for
cause notices and any amendments are included in PPIRS in accordance
with 42.1503(f). In the event the termination for cause is subsequently
converted to a termination for convenience, or is otherwise withdrawn,
the contracting officer shall ensure that a notice of the conversion or
withdrawal is included in PPIRS.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
3. Amend section 12.403 by adding paragraph (c)(4) to read as
follows:
12.403 Termination.
* * * * *
(c) * * *
(4) The contracting officer, in accordance with agency procedures,
shall ensure that information related to termination for cause notices
and any amendments are included in PPIRS in accordance with 42.1503(f).
In the event the termination for cause is subsequently converted to a
termination for convenience, or is otherwise withdrawn, the contracting
officer shall ensure that a notice of the conversion or withdrawal is
included in PPIRS.
* * * * *
PART 15--CONTRACTING BY NEGOTIATION
4. Amend section 15.407-1 by adding a new sentence to the end of
paragraph (d) to read as follows:
15.407-1 Defective cost or pricing data.
* * * * *
(d) * * * When the contracting officer determines that the
contractor submitted defective cost or pricing data, the contracting
officer, in accordance with agency procedures, shall ensure that
information relating to the determination is provided for inclusion in
PPIRS in accordance with 42.1503(f).
* * * * *
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
5. Amend section 42.1502 by adding paragraph (i) to read as
follows:
42.1502 Policy.
* * * * *
(i) Agencies shall promptly provide other contractor information
for inclusion in PPIRS in accordance with 42.1503(f).
6. Amend section 42.1503 by removing from paragraph (a) the words
``office, end'' and adding ``office, audit office, end'' in its place;
and adding paragraph (f) to read as follows:
42.1503 Procedures.
* * * * *
(f) Other contractor information. Within 10 days after a
contracting officer determines that a contractor has submitted
defective cost or pricing data, or a termination for cause or default
notice has been issued or any subsequent conversions or withdrawals
have been issued, agencies shall ensure information related to these
issues are provided for inclusion in PPIRS.
PART 49--TERMINATION OF CONTRACTS
7. Add section 49.402-8 to read as follows:
49.402-8 Reporting Information.
The contracting officer, in accordance with agency procedures,
shall ensure that information relating to the termination for default
notice and any subsequent conversions or withdrawals are provided for
inclusion in PPIRS in accordance with 42.1503(f).
[FR Doc. E9-21176 Filed 9-1-09; 8:45 am]
BILLING CODE 6820-EP-S
