Federal Acquisition Regulation; FAR Case 2009-003, National Response Framework, 52859-52860 [E9-24580]
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Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations
(iii) Describe how the contractor’s
performance will be measured against
the award-fee evaluation criteria;
(iv) Utilize the adjectival rating and
associated description as well as the
award-fee pool earned percentages
shown below in Table 16–1. Contracting
52859
officers may supplement the adjectival
rating description. The method used to
determine the adjectival rating must be
documented in the award-fee plan;
TABLE 16–1
Award-Fee Pool Available To Be
Earned
Description
Excellent ....................
91%—100% ..................................
Very Good .................
76%—90% ....................................
Good ..........................
51%—75% ....................................
Satisfactory ................
No Greater Than 50% ..................
Unsatisfactory ............
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Award-Fee Adjectival
Rating
0% .................................................
Contractor has exceeded almost all of the significant award-fee criteria and has
met overall cost, schedule, and technical performance requirements of the contract as defined and measured against the criteria in the award-fee plan for the
award-fee evaluation period.
Contractor has exceeded many of the significant award-fee criteria and has met
overall cost, schedule, and technical performance requirements of the contract as
defined and measured against the criteria in the award-fee plan for the award-fee
evaluation period.
Contractor has exceeded some of the significant award-fee criteria and has met
overall cost, schedule, and technical performance requirements of the contract as
defined and measured against the criteria in the award-fee plan for the award-fee
evaluation period.
Contractor has met overall cost, schedule, and technical performance requirements
of the contract as defined and measured against the criteria in the award-fee
plan for the award-fee evaluation period.
Contractor has failed to meet overall cost, schedule, and technical performance requirements of the contract as defined and measured against the criteria in the
award-fee plan for the award-fee evaluation period.
(v) Prohibit earning any award fee
when a contractor’s overall cost,
schedule, and technical performance is
below satisfactory;
(vi) Provide for evaluation period(s) to
be conducted at stated intervals during
the contract period of performance so
that the contractor will periodically be
informed of the quality of its
performance and the areas in which
improvement is expected (e.g. six
months, nine months, twelve months, or
at specific milestones); and
(vii) Define the total award-fee pool
amount and how this amount is
allocated across each evaluation period.
(4) Rollover of unearned award fee.
The use of rollover of unearned award
fee is prohibited.
(5) Limitations. No award-fee contract
shall be awarded unless—
(i) All of the limitations in 16.301–3,
that are applicable to costreimbursement contracts only, are
complied with;
(ii) An award-fee plan is completed in
accordance with the requirements in
16.401(e)(3); and
(iii) A determination and finding is
completed in accordance with 16.401(d)
addressing all of the suitability items in
16.401(e)(1).
(f) Incentive- and Award-Fee Data
Collection and Analysis. Each agency
shall collect relevant data on award fee
and incentive fees paid to contractors
and include performance measures to
evaluate such data on a regular basis to
determine effectiveness of award and
incentive fees as a tool for improving
contractor performance and achieving
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17:52 Oct 13, 2009
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desired program outcomes. This
information should be considered as
part of the acquisition planning process
(see 7.105) in determining the
appropriate type of contract to be
utilized for future acquisitions.
(g) Incentive- and Award-Fee Best
Practices. Each agency head shall
provide mechanisms for sharing proven
incentive strategies for the acquisition of
different types of products and services
among contracting and program
management officials.
16.402–1
[Amended]
16.405–2
Cost-plus-award-fee contracts.
A cost-plus-award-fee contract is a
cost-reimbursement contract that
provides for a fee consisting of (1) a base
amount fixed at inception of the
contract, if applicable and at the
discretion of the contracting officer, and
(2) an award amount that the contractor
may earn in whole or in part during
performance and that is sufficient to
provide motivation for excellence in the
areas of cost, schedule, and technical
performance. See 16.401(e) for the
requirements relative to utilizing this
contract type.
4. Amend section 16.402–1 by
removing from paragraph (b) ‘‘16.405–
2’’ and adding ‘‘16.401(e)’’ in its place.
[FR Doc. E9–24579 Filed 10–13–09; 8:45 am]
5. Revise section 16.404 to read as
follows:
DEPARTMENT OF DEFENSE
■
■
16.404
fees.
Fixed-price contracts with award
Award-fee provisions may be used in
fixed-price contracts when the
Government wishes to motivate a
contractor and other incentives cannot
be used because contractor performance
cannot be measured objectively. Such
contracts shall establish a fixed price
(including normal profit) for the effort.
This price will be paid for satisfactory
contract performance. Award fee earned
(if any) will be paid in addition to that
fixed price. See 16.401(e) for the
requirements relative to utilizing this
contract type.
6. Revise section 16.405–2 to read as
follows:
■
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BILLING CODE 6820–EP–S
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 18
[FAC 2005–37; FAR Case 2009–003; Item
VII; Docket 2009-0037; Sequence 1]
RIN 9000–AL37
Federal Acquisition Regulation; FAR
Case 2009–003, National Response
Framework
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
E:\FR\FM\14OCR2.SGM
14OCR2
52860
ACTION:
Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations
Final rule.
The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are issuing a final rule
amending the Federal Acquisition
Regulation (FAR) to reflect reissuance of
the Federal Emergency Management
Agency’s (FEMA) National Response
Plan (NRP). On January 22, 2008, FEMA
reissued the NRP as the National
Response Framework (NRF). In
addition, the term ‘‘Incident of National
Significance’’ was eliminated. These
changes became effective on March 22,
2008.
DATES: Effective Date: November 13,
2009
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr. Ed
Loeb, Director, Contract Policy Division
at (202) 501–0650. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAC 2005–37, FAR case 2009–003.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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A. Background
On January 22, 2008, FEMA, a
component of the Department of
Homeland Security, reissued the
National Response Plan (NRP) as the
National Response Framework (NRF).
With the reissuance, the term ‘‘Incidents
of National Significance’’ was
eliminated. These changes became
effective on March 22, 2008. Both the
NRP and the term ‘‘Incidents of National
Significance’’ are now obsolete.
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 Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant FAR
revision within the meaning of FAR
1.501 and Public Law 98–577, and
publication for public comments is not
required. However, the Councils will
consider comments from small entities
and other interested parties concerning
the affected FAR part 18 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 2005–37, FAR case 2009–003), in
all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
VerDate Nov<24>2008
17:52 Oct 13, 2009
Jkt 220001
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 Part 18
Government procurement.
Dated: October 5, 2009.
Al Matera,
Director, Office of Acquisition Policy.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 5 and 52
[FAC 2005–37; Item VIII; Docket 2009–0009;
Sequence 5]
■
Federal Acquisition Regulation;
Technical Amendments
PART 18—EMERGENCY
ACQUISITIONS
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 18 as set forth
below:
1. The authority citation for 48 CFR
part 18 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).
2. Amend section 18.001 by revising
paragraph (c) to read as follows:
■
18.001
Definition.
*
*
*
*
*
(c) When the President issues an
emergency declaration, or a major
disaster declaration.
■ 3. Amend section 18.203 by revising
the section heading to read as follows:
18.203 Emergency declaration or major
disaster declaration.
*
*
*
*
*
■ 4. Amend section 18.204 by revising
paragraph (a) to read as follows:
18.204
Resources.
(a) National Response Framework.
The National Response Framework
(NRF) is a guide to how the Nation
conducts all-hazards response. This key
document establishes a comprehensive,
national, all-hazards approach to
domestic incident response. The
Framework identifies the key response
principles, roles and structures that
organize national response. It describes
how communities, States, the Federal
Government, the private-sector, and
nongovernmental partners apply these
principles for a coordinated, effective
national response. It also describes
special circumstances where the Federal
Government exercises a larger role,
including incidents where Federal
interests are involved and catastrophic
incidents where a State would require
significant support. The NRF is
available at https://www.fema.gov/
emergency/nrf/.
*
*
*
*
*
[FR Doc. E9–24580 Filed 10–13–09; 8:45 am]
BILLING CODE 6820–EP–S
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SUMMARY: This document makes
amendments to the Federal Acquisition
Regulation in order to make editorial
changes.
DATES: Effective Date: October 14, 2009.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat, 1800 F Street,
NW., Room 4041, Washington, DC,
20405, (202) 501–4755, for information
pertaining to status or publication
schedules. Please cite FAC 2005–37,
Technical Amendments.
SUPPLEMENTARY INFORMATION: This
document makes amendments to the
Federal Acquisition Regulation in order
to make editorial changes.
List of Subjects in 48 CFR Parts 5 and
52
Government procurement.
Dated: October 5, 2009.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 5 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 5 and 52 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
5.102
[Amended]
2. Amend section 5.102 by removing
from paragraph (a)(5)(ii) ‘‘GPE;’’ and
adding ‘‘GPE; or’’ in its place.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
3. Amend section 52.213–4 by
revising the date of the clause; and
removing from paragraph (a)(1)(v) ‘‘(Feb
2006)’’ and adding ‘‘(June 2008)’’ in its
place.
■
E:\FR\FM\14OCR2.SGM
14OCR2
]]>Agencies
[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Rules and Regulations]
[Pages 52859-52860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24580]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 18
[FAC 2005-37; FAR Case 2009-003; Item VII; Docket 2009-0037; Sequence
1]
RIN 9000-AL37
Federal Acquisition Regulation; FAR Case 2009-003, National
Response Framework
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
[[Page 52860]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are issuing a final rule
amending the Federal Acquisition Regulation (FAR) to reflect reissuance
of the Federal Emergency Management Agency's (FEMA) National Response
Plan (NRP). On January 22, 2008, FEMA reissued the NRP as the National
Response Framework (NRF). In addition, the term ``Incident of National
Significance'' was eliminated. These changes became effective on March
22, 2008.
DATES: Effective Date: November 13, 2009
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Ed Loeb, Director, Contract Policy Division at (202) 501-0650. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-37, FAR
case 2009-003.
SUPPLEMENTARY INFORMATION:
A. Background
On January 22, 2008, FEMA, a component of the Department of
Homeland Security, reissued the National Response Plan (NRP) as the
National Response Framework (NRF). With the reissuance, the term
``Incidents of National Significance'' was eliminated. These changes
became effective on March 22, 2008. Both the NRP and the term
``Incidents of National Significance'' are now obsolete.
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 Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comments is not required. However, the Councils will consider comments
from small entities and other interested parties concerning the
affected FAR part 18 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 2005-37, FAR case 2009-003), 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.
Chapter 35, et seq.
List of Subjects in 48 CFR Part 18
Government procurement.
Dated: October 5, 2009.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 18 as set forth below:
PART 18--EMERGENCY ACQUISITIONS
0
1. The authority citation for 48 CFR part 18 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).
0
2. Amend section 18.001 by revising paragraph (c) to read as follows:
18.001 Definition.
* * * * *
(c) When the President issues an emergency declaration, or a major
disaster declaration.
0
3. Amend section 18.203 by revising the section heading to read as
follows:
18.203 Emergency declaration or major disaster declaration.
* * * * *
0
4. Amend section 18.204 by revising paragraph (a) to read as follows:
18.204 Resources.
(a) National Response Framework. The National Response Framework
(NRF) is a guide to how the Nation conducts all-hazards response. This
key document establishes a comprehensive, national, all-hazards
approach to domestic incident response. The Framework identifies the
key response principles, roles and structures that organize national
response. It describes how communities, States, the Federal Government,
the private-sector, and nongovernmental partners apply these principles
for a coordinated, effective national response. It also describes
special circumstances where the Federal Government exercises a larger
role, including incidents where Federal interests are involved and
catastrophic incidents where a State would require significant support.
The NRF is available at https://www.fema.gov/emergency/nrf/.
* * * * *
[FR Doc. E9-24580 Filed 10-13-09; 8:45 am]
BILLING CODE 6820-EP-S
