Federal Acquisition Regulation; FAR Case 2008-017, Federal Food Donation Act of 2008 (Pub. L. 110-247), 65607-65608 [E9-28933]
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Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Rules and Regulations
mstockstill on DSKH9S0YB1PROD with RULES2
applications can operate in an IPv6
environment without costly upgrades.
The final rule is necessary to amend the
FAR to require IPv6 capable products be
included in IT procurements. In
addition, establishing FAR language
ensures that all new information
technology systems and applications
purchased by the Federal Government
will be able to operate in an IPv6
environment, to the maximum extent
practical. The Councils believe that the
final rule fully captures the intent of
OMB Memorandum M–05–22.
b. Comment: One respondent
questioned whether any of the proposed
amendments to FAR parts 7, 12 and 39
need to refer to the ‘‘additional
requirement’’ at all. It is likely the
‘‘additional requirements’’ are those the
CIO Council is or may be developing to
address internal, non-procurement
related transition activities (see
Attachment C to OMB memorandum).
Instead of referring broadly to the OMB
memorandum in the proposed FAR
amendments, it might make sense to
refer narrowly to the section of the
memorandum entitled ‘‘Selecting
Products and Capabilities,’’ the only
portion of the memorandum that
directly addresses acquisition of IPv6
compliant information technology. FAR
parts 7 and 12 both refer to the OMB
memorandum and to ‘‘additional
requirements’’ and FAR part 39 refers
only to the OMB memorandum and not
‘‘additional requirements’’.
Response: This final rule has been
revised to remove references to
‘‘additional requirements’’. New FAR
11.002(g) refers to NIST Special
Publication 500–267. Previous Web
references have been deleted and a
reference to OMB Memorandum M–05–
22 has been retained.
This is a significant regulatory action
and, therefore, was 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 Department of Defense, the
General Services Administration, and
the National Aeronautics and Space
Administration certify that this final
rule will not 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
Government expects that commercially
available items will be required, with no
additional testing being necessary. The
Chief Counsel for Advocacy, Office of
Advocacy, within the Small Business
Administration (SBA) was consulted by
VerDate Nov<24>2008
17:21 Dec 09, 2009
Jkt 220001
the Councils on the impact of this rule
on small businesses. SBA conducted its
own informal survey with small
businesses and their conclusion is that
there is no negative impact on small
businesses.There are no known
significant alternatives that will
accomplish the objectives of this rule.
No alternatives were proposed during
the public comment period.
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 Parts 7, 11,
12, and 39
Government procurement.
65607
must include reference to the
appropriate technical capabilities
defined in the USGv6 Profile (NIST
Special Publication 500–267) and the
corresponding declarations of
conformance defined in the USGv6 Test
Program. The applicability of IPv6 to
agency networks, infrastructure, and
applications specific to individual
acquisitions will be in accordance with
the agency’s Enterprise Architecture
(see OMB Memorandum M–05–22 dated
August 2, 2005).
*
*
*
*
*
PART 12—ACQUISITION OF
COMMERCIAL ITEMS
4. Amend section 12.202 by adding
paragraph (e) to read as follows:
■
12.202 Market research and description of
agency need.
*
Dated: November 30, 2009.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 7, 11, 12, and 39
as set forth below:
■ 1. The authority citation for 48 CFR
parts 7, 11, 12, and 39 continues to read
as follows:
■
*
*
*
*
(e) When acquiring information
technology using Internet Protocol,
agencies must include the appropriate
Internet Protocol compliance
requirements in accordance with
11.002(g).
PART 39—ACQUISITION OF
INFORMATION TECHNOLOGY
5. Amend section 39.101 by adding
paragraph (e) 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 7—ACQUISITION PLANNING
39.101
2. Amend section 7.105 by adding
paragraph (b)(4)(iii) to read as follows:
■
7.105 Contents of written acquisition
plans.
(b) * * *
(4) * * *
(iii) For information technology
acquisitions using Internet Protocol,
discuss whether the requirements
documents include the Internet Protocol
compliance requirements specified in
11.002(g) or a waiver of these
requirements has been granted by the
agency’s Chief Information Officer.
*
*
*
*
*
PART 11—DESCRIBING AGENCY
NEEDS
Policy.
*
*
*
*
*
(e) When acquiring information
technology using Internet Protocol,
agencies must include the appropriate
Internet Protocol compliance
requirements in accordance with
11.002(g).
[FR Doc. E9–28931 Filed 12–9–09; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 26, 31, and 52
3. Amend section 11.002 by
redesignating paragraph (g) as paragraph
(h), and adding a new paragraph (g) to
read as follows:
[FAC 2005–38; FAR Case 2008–017; Item
IV; Docket 2009–0007, Sequence 1]
11.002
Federal Acquisition Regulation; FAR
Case 2008–017, Federal Food Donation
Act of 2008 (Pub. L. 110–247)
■
Policy.
*
*
*
*
*
(g) Unless the agency Chief
Information Officer waives the
requirement, when acquiring
information technology using Internet
Protocol, the requirements documents
PO 00000
Frm 00011
Fmt 4701
Sfmt 4700
RIN 9000–AL49
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
E:\FR\FM\10DER2.SGM
10DER2
65608
ACTION:
Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Rules and Regulations
Final rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) have adopted, as final, with
no changes, an interim rule amending
the Federal Acquisition Regulation
(FAR) to implement the Federal Food
Donation Act of 2008 (Pub. L. 110–247),
which encourages executive agencies
and their contractors, in contracts for
the provision, service, or sale of food, to
the maximum extent practicable and
safe, to donate apparently wholesome
excess food to nonprofit organizations
that provide assistance to food-insecure
people in the United States.
DATES: Effective Date: December 10,
2009.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Michael Jackson, Procurement Analyst,
at (202) 208–4949. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAC 2005–38, FAR case 2008–017.
SUPPLEMENTARY INFORMATION:
mstockstill on DSKH9S0YB1PROD with RULES2
A. Background
The Federal Food Donation Act of
2008 (Pub. L. 110–247) encourages
Federal agencies and their contractors to
donate excess food to nonprofit
organizations serving the needy. The
Act requires Federal contracts above
$25,000 for the provision, service, or
sale of food in the United States, to
include a clause that encourages, but
does not require, the donation of excess
food to nonprofit organizations. The Act
would also extend to the Government
and the contractor, when donating food,
the same civil or criminal liability
protection provided to donors of food
under the Bill Emerson Good Samaritan
Food Donation Act of 1996.
The final rule is applicable to
contracts above $25,000 for the
provision, service, or sale of food in the
United States (i.e., food supply or food
service). The type of solicitations and
contract actions anticipated to be
applicable to this law will mostly be for
fixed-price commercial services;
however, there may be circumstances
when a noncommercial and/or costreimbursement requirement may apply.
For example, on an indefinite-delivery,
indefinite-quantity cost-reimbursement
contract for logistical support to be
performed in the United States, there
may be a task order needed to provide
food service to feed personnel.
The interim rule was published in the
Federal Register at 74 FR 11829 on
March 19, 2009, with an effective date
VerDate Nov<24>2008
17:21 Dec 09, 2009
Jkt 220001
of March 19, 2009, and a request for
comments by May 18, 2009. Three
respondents submitted comments in
response to the interim rule. Below are
the comments received on the interim
rule along with the responses.
Comment 1, FAR matrix. One
commenter had several comments about
errors in the FAR matrix.
Response: There were several
inadvertent errors that were made on
the FAR clause matrix. These errors
have been corrected and are reflected in
the FAR clause matrix issued with the
final rule.
Comment 2, Applicability for nonappropriated funds. The commenter
expresses uncertainty as to whether this
rule is applicable to their typical (nonappropriated funds) cafeteria contracts.
The clause at FAR 52.226–6 is to be
included in solicitations and contracts
greater than $25,000 for the provision,
service, or sale of food in the United
States. Is the $25,000 threshold
intended to mean that amount of the
appropriated funding, or can it also be
satisfied by the sales volume? Will there
be additional GSA financial
management regulation guidance
planned?
Response: The FAR only covers
contracts made with appropriated
funds. The rule is applicable to
contracts greater than $25,000 for the
provision, service, or sale of food in the
United States. This means the dollar
amount of the contract only, not sales
volume. GSA has jurisdiction over
changes to the Federal Management
Regulation (FMR) and we anticipate a
change in the FMR to address this
requirement.
Comment 3, Implementation of the
Federal Food Donation Act of 2008. The
benefits of this rule’s implementation
are evident based on the widespread
support the Act received. The assistance
it will provide to food insecure persons
is truly important. This is especially
crucial during these difficult economic
times. Food suppliers will receive the
listed benefits, as well as be protected
against litigation by the Bill Emerson
Good Samaritan Food Donation Act.
Based on these reasons, we urge you to
encourage the passage of this rule and
implement it as quickly as possible.
Response: The interim rule was
effective on the publication date of
March 19, 2009. This means the rule has
been implemented and is effective as of
that date. The final rule adopts the
interim rule as final, without change.
This is a significant regulatory action
and, therefore, was subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
PO 00000
Frm 00012
Fmt 4701
Sfmt 4700
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Department of Defense, the
General Services Administration, and
the National Aeronautics and Space
Administration certify that this final
rule will not 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 this
rule is not mandatory for contractors,
including small businesses.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub.
L. 96–511) does not apply because the
final rule does not contain any
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 26, 31,
and 52
Government procurement.
Dated: November 30, 2009.
Al Matera,
Director, Acquisition Policy Division.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR Parts 26, 31, and 52
which was published in the Federal
Register at 74 FR 11829 on March 19,
2009, is adopted as a final rule without
change.
■
[FR Doc. E9–28933 Filed 12–9–09; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 31
[FAC 2005–38; FAR Case 2006–021; Item
V; Docket 2009-0043, Sequence 1]
RIN 9000–AK84
Federal Acquisition Regulation; FAR
Case 2006–021, Postretirement
Benefits (PRB), FAS 106
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
E:\FR\FM\10DER2.SGM
10DER2
]]>Agencies
[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Rules and Regulations]
[Pages 65607-65608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28933]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 26, 31, and 52
[FAC 2005-38; FAR Case 2008-017; Item IV; Docket 2009-0007, Sequence 1]
RIN 9000-AL49
Federal Acquisition Regulation; FAR Case 2008-017, Federal Food
Donation Act of 2008 (Pub. L. 110-247)
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
[[Page 65608]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have adopted, as final, with
no changes, an interim rule amending the Federal Acquisition Regulation
(FAR) to implement the Federal Food Donation Act of 2008 (Pub. L. 110-
247), which encourages executive agencies and their contractors, in
contracts for the provision, service, or sale of food, to the maximum
extent practicable and safe, to donate apparently wholesome excess food
to nonprofit organizations that provide assistance to food-insecure
people in the United States.
DATES: Effective Date: December 10, 2009.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Michael Jackson, Procurement Analyst, at (202) 208-4949. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-38, FAR
case 2008-017.
SUPPLEMENTARY INFORMATION:
A. Background
The Federal Food Donation Act of 2008 (Pub. L. 110-247) encourages
Federal agencies and their contractors to donate excess food to
nonprofit organizations serving the needy. The Act requires Federal
contracts above $25,000 for the provision, service, or sale of food in
the United States, to include a clause that encourages, but does not
require, the donation of excess food to nonprofit organizations. The
Act would also extend to the Government and the contractor, when
donating food, the same civil or criminal liability protection provided
to donors of food under the Bill Emerson Good Samaritan Food Donation
Act of 1996.
The final rule is applicable to contracts above $25,000 for the
provision, service, or sale of food in the United States (i.e., food
supply or food service). The type of solicitations and contract actions
anticipated to be applicable to this law will mostly be for fixed-price
commercial services; however, there may be circumstances when a
noncommercial and/or cost-reimbursement requirement may apply. For
example, on an indefinite-delivery, indefinite-quantity cost-
reimbursement contract for logistical support to be performed in the
United States, there may be a task order needed to provide food service
to feed personnel.
The interim rule was published in the Federal Register at 74 FR
11829 on March 19, 2009, with an effective date of March 19, 2009, and
a request for comments by May 18, 2009. Three respondents submitted
comments in response to the interim rule. Below are the comments
received on the interim rule along with the responses.
Comment 1, FAR matrix. One commenter had several comments about
errors in the FAR matrix.
Response: There were several inadvertent errors that were made on
the FAR clause matrix. These errors have been corrected and are
reflected in the FAR clause matrix issued with the final rule.
Comment 2, Applicability for non-appropriated funds. The commenter
expresses uncertainty as to whether this rule is applicable to their
typical (non-appropriated funds) cafeteria contracts. The clause at FAR
52.226-6 is to be included in solicitations and contracts greater than
$25,000 for the provision, service, or sale of food in the United
States. Is the $25,000 threshold intended to mean that amount of the
appropriated funding, or can it also be satisfied by the sales volume?
Will there be additional GSA financial management regulation guidance
planned?
Response: The FAR only covers contracts made with appropriated
funds. The rule is applicable to contracts greater than $25,000 for the
provision, service, or sale of food in the United States. This means
the dollar amount of the contract only, not sales volume. GSA has
jurisdiction over changes to the Federal Management Regulation (FMR)
and we anticipate a change in the FMR to address this requirement.
Comment 3, Implementation of the Federal Food Donation Act of 2008.
The benefits of this rule's implementation are evident based on the
widespread support the Act received. The assistance it will provide to
food insecure persons is truly important. This is especially crucial
during these difficult economic times. Food suppliers will receive the
listed benefits, as well as be protected against litigation by the Bill
Emerson Good Samaritan Food Donation Act. Based on these reasons, we
urge you to encourage the passage of this rule and implement it as
quickly as possible.
Response: The interim rule was effective on the publication date of
March 19, 2009. This means the rule has been implemented and is
effective as of that date. The final rule adopts the interim rule as
final, without change.
This is a significant regulatory action and, therefore, was 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 Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 this rule is not
mandatory for contractors, including small businesses.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) does not apply because
the final rule does not contain any 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 26, 31, and 52
Government procurement.
Dated: November 30, 2009.
Al Matera,
Director, Acquisition Policy Division.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR Parts 26, 31, and 52
which was published in the Federal Register at 74 FR 11829 on March 19,
2009, is adopted as a final rule without change.
[FR Doc. E9-28933 Filed 12-9-09; 8:45 am]
BILLING CODE 6820-EP-S
