Health and Human Services Acquisition Regulation; Corrections, 21508-21512 [2010-9382]
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Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Rules and Regulations
fundamental, the restriction results in
clients of grantees being treated
differently and less advantageously than
all other private litigants, which LSC
believes is unwarranted and
fundamentally at odds with the
Corporation’s Equal Justice mission.
This action makes permanent the
Interim Final Rule’s lifting of the
regulatory prohibition on claiming, or
collecting and retaining attorneys’ fees
available under Federal or State law
permitting or requiring the awarding of
such fees. Accordingly as of March 15,
2010, recipients were and remain
permitted make claims for attorneys’
fees in any case in which they are
otherwise legally permitted to make
such a claim. Recipients are also
permitted to collect and retain
attorneys’ fees whenever such fees are
awarded to them.
With the repeal of the restriction,
recipients are permitted to claim and
collect and retain attorneys’ fees with
respect to any work they have
performed for which fees are available
to them, without regard to when the
legal work for which fees are claimed or
awarded was performed. LSC
considered whether recipients should
be limited seek or obtain attorneys fees
related to ‘‘new’’ work; that is, work
done only as of the date of the statutory
change or the effective date of the
Interim Final Rule. LSC rejected that
position because the attorneys’ fees
prohibition applies to the particular
activity of seeking and receiving
attorneys’ fees, but is irrelevant to the
permissibility of the underlying legal
work. Limiting the ability of recipients
to seek and receive attorneys’ fees on
only future case work would create a
distinction between some work and
other work performed by a recipient, all
of which was permissible when
performed. LSC continues to find such
a distinction to be artificial and not
necessary to effectuate Congress’
intention.
LSC also believes that not limiting the
work for which recipients may now seek
or obtain attorneys’ fees will best afford
recipients the benefits of the lifting of
the restriction. There may well be a
number of ongoing cases where the
newly available option of the
potentiality of attorneys’ fees will still
be effective to level the playing field
and afford recipients additional leverage
with respect to opposing counsel in
those cases. Likewise, being able to
obtain attorneys’ fees in cases in which
prior work has been performed would
likely help relieve more financial
generating cases at the expense of the needs of other
clients.
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pressure on recipients than a ‘‘new work
only’’ implementation choice would
because it would increase sources and
amount of work for which fees might
potentially be awarded.
are applicable to a recipient’s non-LSC
funds. Subsection (b)(9) was the
provision that references the attorneys’
fees restriction (504(a)(13) and Part
1642) and which became obsolete.
Amendment of Part 1609 and Part 1610
List of Subjects in 45 CFR Parts 1609,
1610, and 1642
As noted above, Part 1642 contains
two provisions not directly related to
the restriction on claiming and
collecting attorneys’ fees. These
provisions address the accounting for
and use of attorneys’ fees and the
acceptance of reimbursement from a
client. 45 CFR 1642.5 and 1642.6. These
provisions used to be incorporated into
LSC’s regulation on fee-generating cases
at 45 CFR Part 1609, but were separated
out and included in the new Part 1642
regulation when it was adopted.
Amending these provisions was not
necessary to effectuate the lifting of the
attorneys’ fees restriction and they
provide useful guidance to recipients. In
fact, with recipients likely collecting
and retaining fees more often than they
have since 1996, the provision on
accounting for and use of attorneys’ fees
will be of greater importance than it has
been. Retaining these provisions would
continue to provide clear guidance to
the benefit of both recipients and LSC.
Accordingly, LSC is adopting as
permanent the changes which moved
these provisions back into Part 1609 as
§§ 1609.4 and 1609.5, with only
technical amendment to the regulatory
text to remove references to Part 1642
and which redesignated § 1609.4 as
§ 1609.6.3
LSC is also adopting as permanent
technical conforming amendments to
delete references to Part 1642 and the
attorneys’ fees statutory prohibition that
are now obsolete. Having obsolete and
meaningless regulatory provisions is not
good regulatory practice and can at the
very least lead to unnecessary
confusion. Accordingly, LSC adopts
permanently the deletion of paragraph
(c) of § 1609.3, General requirements, to
eliminate that paragraph’s reference to
the attorneys’ fees restriction in Part
1642. Similarly, LSC adopts
permanently a technical conforming
amendment to its regulation at Part
1610. Part 1610 sets forth in regulation
the application of the appropriations
law restrictions to a recipient’s non-LSC
funds. Section 1610.2 sets forth the list
of the restrictions as contained in
section 504 of the FY 1996
appropriations act, and the
implementing LSC regulations which
3 For additional information about the provision
on the accounting for attorneys’ fees, see the
preamble to the 1997 Attorneys’ Fees Final Rule: 62
FR 25862 (May 12, 1997) at 25864.
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Grant programs—Law, Legal services.
Accordingly, for reasons set forth
above, and under the authority of 42
U.S.C. 2996g(e), LSC hereby adopts the
interim rule published February 11,
2010 (75 FR 6816) as final without
change.
■
Mattie Cohan,
Senior Assistant General Counsel.
[FR Doc. 2010–9397 Filed 4–23–10; 8:45 am]
BILLING CODE 7050–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
48 CFR Chapter 3
Health and Human Services
Acquisition Regulation; Corrections
AGENCY: Department of Health and
Human Services.
ACTION: Correcting amendments.
SUMMARY: This action corrects minor
errors, inconsistencies and omissions in
the final rule, which revised the Health
and Human Services Acquisition
Regulation (HHSAR) to implement
statutes and government-wide mandates
enacted or issued since December 2006.
DATES: These corrections are effective
on April 26, 2010.
FOR FURTHER INFORMATION CONTACT:
Cheryl Howe, Procurement Analyst,
U.S. Department of Health and Human
Services, Office of the Assistant
Secretary for Financial Resources, Office
of Grants and Acquisition Policy and
Accountability, Division of Acquisition,
202–690–5552 (voice);
cheryl.howe@hhs.gov (e-mail); 202–690–
8772 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
HHS published a revision of the entire
HHSAR (48 CFR parts 301 through 370)
in the Federal Register on November 27,
2009 to reflect changes since the last
revision was published in the Federal
Register in December 2006. No adverse
comments were received.
The revisions included, but were not
limited to, the following:
A. Revising Subpart 301.6 regarding
training and certification of acquisition
officials to implement federal
acquisition certification programs.
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B. Adding a new Subpart 304.13 to
implement Homeland Security
Presidential Directive—12.
C. Adding a new Subpart 315.70
regarding acquisition of electronic
information technology (EIT) products
and services to implement the
requirements of Section 508 of the
Rehabilitation Act of 1973 [29 U.S.C.
794(d)], as amended by the Workforce
Improvement Act of 1998.
D. Adding a new Subpart 317.1 to
implement FAR coverage on multi-year
contracting and amending Subpart 332.7
to address awards made during a
continuing resolution.
E. Adding a new Subpart 334.2 to
implement FAR coverage on earned
value management (EVM).
The final rule, which became effective
on January 26, 2010, contained some
minor errors, inconsistencies and
omissions which this document
corrects. Those technical corrections are
set forth below. The corrections to the
affected sections are merely procedural
in nature and propose no substantive
changes on which public comment
could be solicited. HHS therefore finds
that prior notice and opportunity for
comment on these corrections are
unnecessary pursuant to 5 U.S.C.
553(b)(3)(A) and that good cause exists
for these corrections to be exempt from
the 30-day delayed effective date
requirement of 5 U.S.C. 553(d).
II. Summary of Changes
The following summarizes the
corrections set forth in this notice.
A. HHS has changed multiple
organizational titles to reflect recent
reorganizations within the Office of the
Secretary.
B. HHS has resolved minor
inconsistencies regarding Project Officer
and Contracting Officer’s Technical
Representative (COTR) training and
clarified the training requirements for
technical evaluation panels.
C. HHS has clarified requirements
related to (1) use of multi-year
contracting, (2) use of options under
multi-year contracts, and (3) preparation
of a ‘‘determination and findings’’ for an
assisted contract.
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List of Subjects in 48 CFR Parts 301,
302, 303, 304, 305, 306, 307, 315, 316,
317, 319, 324, 332, 352, and 370
Government procurement.
Accordingly, 48 CFR parts 301, 302,
303, 304, 305, 306, 307, 315, 316, 317,
319, 324, 332, 352, and 370 are
corrected by making the following
amendments:
■ 1. The authority citation for 48 CFR
parts 301, 302, 303, 304, 305, 306, 307,
■
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315, 316, 317, 319, 324, 332, 352, and
370 continues to read as follows:
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
PART 301—HHS ACQUISITION
REGULATION SYSTEM
2. Section 301.101(a) is revised to read
as follows:
■
301.101
Purpose.
(a) The Department of Health and
Human Services (HHS) Acquisition
Regulation (HHSAR) establishes
uniform HHS acquisition policies and
procedures that conform to the Federal
Acquisition Regulations (FAR) System.
*
*
*
*
*
■ 3. Section 301.270(b)(3) is revised to
read as follows:
301.270 Executive Committee for
Acquisition.
*
*
*
*
*
(b) * * *
(3) Assistant Secretary for
Preparedness and Response/Office of
Acquisitions Management, Contracts
and Grants (ASPR/OAMCG)
*
*
*
*
*
■ 4. Section 301.603–73(e) is revised to
read as follows:
301.603–73 Additional HHS training
requirements.
*
*
*
*
*
(e) Section 508 training. When the
HHS Office on Disability (OD) so
requires, all GS–1102s, GS–1105s and
GS–1106s who award or administer
acquisitions that involve electronic
information technology (EIT) products
or services (subject to Section 508 of the
Rehabilitation Act of 1973 and pertinent
HHSAR provisions), must complete all
applicable OD sponsored training. For
information on frequency, timing, and
duration of the training requirement,
personnel shall consult with the HHS
OD.
*
*
*
*
*
■ 5. In section 301.604–70, the first
sentence is revised to read as follows:
301.604–70
General.
In accordance with the Federal
Acquisition Certification for Contracting
Officers’ Technical Representatives
(FAC–COTR) program, HHS has
established a training program for
certification and designation of
personnel as COTRs—see HHS’ Federal
Acquisition Certification for Contracting
Officers’ Technical Representatives
Program Handbook (COTR Handbook),
dated January 2009, for information on
the methods for earning FAC–COTR
certification. * * *
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6. Section 301.604–72 is revised to
read as follows:
■
301.604–72 Requirements for certification
maintenance.
Maintaining HHS FAC–COTR
certification requires at least 40 relevant
CLPs every 2 years. See Appendix A of
OFPP’s FAC–COTR memorandum,
dated November 26, 2007, and HHS’
COTR Handbook for information on
CLPs.
■ 7. Section 301.604–74 is revised to
read as follows:
301.604–74 Additional COTR training
requirements.
(a) See HHS’ COTR Handbook for
information on additional COTR
training requirements.
(b) Training policy exceptions.
(1) EVM training. In the event that
there is an urgent requirement for a
COTR to administer a contract to which
EVM will be applied, and the individual
has not yet met the EVM training
requirement, the HCA (non-delegable)
may authorize the individual to perform
the position duties, provided that the
individual meets the training
requirement within 9 months from the
date of assignment to the contract. If the
individual does not complete the
training requirement within 9 months,
the HCA’s approval for the individual’s
assignment to the contract will
automatically terminate on that date. In
addition, during any extension period,
the COTR must work under the
direction of a COTR, or Program/Project
Manager who has taken an EVM course.
(2) Other additional HHS training.
The HCA (non-delegable) may grant a
time extension of up to 9 months to a
COTR to complete the PBA, Federal
appropriations law, and green
purchasing training requirements,
including completion of refresher
training. If the individual does not
complete the training requirement
within the extension period, the HCA’s
approval will automatically terminate
on that date.
■ 8. In section 301.606–71, the last
sentence is revised to read as follows:
301.606–71
Project Officer training.
* * * See HHS’ COTR Handbook for
additional information on the basic
training requirement for Project Officers
and guidance on the training
requirement for technical proposal
evaluators in 315.305(a)(3)(ii).
301.606–73 and 301.606–74 [Redesignated
as 301.606–74 and 301.606–75]
9. Sections 301.606–73 and 301.606–
74 are redesignated as sections 301.606–
74 and 301.606–75, respectively.
■
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302.101
10. Add new section 301.606–73 to
read as follows:
■
301.606–73 Requirements for continuous
learning maintenance.
Designated Project Officers require at
least 40 relevant CLPs every 2 years. See
HHS’ COTR Handbook for information
on CLPs.
■ 11. Revise redesignated section
301.606–75 to read as follows:
301.606–75 Additional Project Officer
training requirements.
(a) See HHS’ COTR Handbook for
information on additional training
requirements.
(b) Training policy exceptions.
(1) EVM training. In the event that
there is an urgent requirement to assign
a Project Officer to a contract project to
which EVM will be applied, and the
individual has not yet met the EVM
training requirement, the HCA (nondelegable) may authorize the individual
to perform the position duties, provided
that the individual meets the training
requirement within 3 months from the
date of submission of the AP or other
acquisition request documentation to
the contracting office. If the individual
does not complete the training
requirement within the extension
period, the HCA’s approval for the
individual’s assignment to the project
will automatically terminate on that
date. In addition, during any extension
period, the Project Officer must work
under the direction of a Project Officer,
COTR, or Program/Project Manager who
has taken an EVM course.
(2) Other additional HHS training.
The HCA (non-delegable) may grant a
time extension of up to 9 months to a
Project Officer to complete the PBA,
Federal appropriations law, and green
purchasing training requirements,
including completion of refresher
training. If the individual does not
complete the training requirement
within the extension period, the HCA’s
approval will automatically terminate
on that date.
301.607–77
■
[Removed]
12. Remove section 301.607–77.
301.607–78 and 301.607–79 [Redesignated
as 301.607–77 and 301.607–78]
13. Sections 301.607–78 and 301.607–
79 are redesignated as sections 301.607–
77 and 301.607–78, respectively.
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■
PART 302—DEFINITIONS OF WORDS
AND TERMS
14. In section 302.101, paragraph
(d)(1), and the first sentences of
paragraphs (e) and (f), are revised to
read as follows:
■
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Definitions.
*
*
*
*
*
(d) * * *
(1) The HHS HCAs are as follows:
AHRQ: Director, Division of Contracts
Management.
ASPR: Director, Office of Acquisitions
Management, Contracts and Grants.
CDC: Director, Procurement and Grants
Office.
CMS: Director, Office of Acquisition and
Grants Management.
FDA: Director, Office of Acquisitions
and Grant Services.
HRSA: Director, Office of Acquisition
Management and Policy.
IHS: Director, Division of Acquisition
Policy.
NIH: Director, Office of Acquisition and
Logistics Management.
PSC: Director, Strategic Acquisition
Service.
SAMHSA: Director, Division of
Contracts Management.
*
*
*
*
*
(e) Program Manager is a federal
employee whom an OPDIV official or
designee one level above the head of the
sponsoring program office has
designated in writing to act as a Program
Manager for a group of related major or
non-major IT or construction capital
investments—see HHS’ P/PM
Handbook. * * *
(f) Project Manager is a federal
employee whom a head of the
sponsoring program office (Program
Manager) or designee has designated in
writing to act as a Project Manager for
a major or non-major IT or construction
capital investment—see HHS’ P/PM
Handbook. * * *
*
*
*
*
*
302.7000
[Amended]
PART 304—ADMINISTRATIVE
MATTERS
304.7001
PART 305—PUBLICIZING CONTRACT
ACTIONS
18. Section 305.303 is revised to read
as follows:
■
305.303 Announcement of contract
awards.
(a) Public Announcement. The
Contracting Officer shall report awards
over $3.5 million, not otherwise exempt
under FAR 5.303, to the Office of the
Assistant Secretary for Legislation
(OASL) (Congressional Liaison). The
Contracting Officer shall e-mail a copy
of the contract or award document face
page to grantfax@hhs.gov prior to the
day of award or in sufficient time to
allow OASL to make an announcement
by 5 p.m. Washington, DC time on the
day of award.
PART 306—COMPETITION
REQUIREMENTS
306.501
[Amended]
19. Section 306.501 is amended by
removing ‘‘BARDA: Chief of Mission
Support and Acquisition Policy’’ and
adding in its place ‘‘ASPR/OAMCG:
Chief of Acquisition Policy’’.
■
PART 307—ACQUISITION PLANNING
20. In section 307.7101(c), the last
sentence is revised to read as follows:
■
307.7101
15. In section 302.7000(b), the table is
amended by removing the acronym
‘‘BARDA’’ and its associated term
‘‘Biomedical Advanced Research and
Development Authority’’ and adding in
their place after ‘‘ASFR’’ the acronym
‘‘ASPR/OAMCG’’ and its associated term
‘‘Assistant Secretary for Preparedness
and Response, Office of Acquisitions
Management, Contracts and Grants’’.
■
[Amended]
17. Sections 304.7001(b)(2) and (c)(2)
are amended by removing the acronym
‘‘BARDA’’ and adding in its place the
acronym ‘‘ASPR/OAMCG’’.
■
Policy.
*
*
*
*
*
(c) * * * Alternatively, OPDIVs may
prescribe use of an AP for acquisitions
excepted under 307.7101(a)(1) through
(a)(8).
■ 21. Section 307.7102(b) is revised to
read as follows:
307.7102
Content.
PART 303—IMPROPER BUSINESS
PRACTICIES AND PERSONAL
CONFLICTS OF INTEREST
*
*
*
*
(b) HCA or designee shall notify
ASFR/OGAPA/DA of the need to revise
the AP; and
*
*
*
*
*
16. Section 303.1003(b)(1) is revised
to read as follows:
PART 315—CONTRACTING BY
NEGOTIATION
303.1003
■
■
Requirements.
*
*
*
*
*
(b) * * *
(1) Notify the OIG at https://
www.oig.hhs.gov/fraud/hotline;
*
*
*
*
*
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*
22. In section 315.305, the first
sentence in paragraph (a)(3)(ii)(A)(3) is
removed and three sentences are added
in its place; and the second sentence in
paragraph (a)(3)(v) is revised to read as
follows:
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315.305
Proposal evaluation.
(a) * * *
(3) * * *
(ii) * * *
(A) * * *
(3) At least 50 percent of the HHS
personnel on a technical evaluation
panel shall have successfully completed
HHS University’s ‘‘Basic Contracting
Officer’s Technical Representative’’
course or an equivalent course within 4
years before assuming their designated
role. This training requirement applies
to evaluators performing the initial
technical evaluation and any
subsequent technical evaluations, but
does not apply to peer review panel
members. The Contracting Officer may
waive this training requirement in
exigent circumstances if documented in
writing and approved by the Head of
Contracting Activity.
*
*
*
*
*
(v) * * * The evaluators may then
discuss in detail the individual
strengths and weaknesses described by
each evaluator and, if possible, arrive at
a common understanding of the major
strengths and weaknesses and the
potential for correcting each offeror’s
weakness(es). * * *
*
*
*
*
*
PART 316—TYPES OF CONTRACTS
316.505
[Amended]
23. Section 316.505(b)(5) is amended
by removing ‘‘BARDA: Chief of Mission
Support and Acquisition Policy’’ and
adding in its place ‘‘ASPR/OAMCG:
Chief of Acquisition Policy’’.
■
PART 317—SPECIAL CONTRACTING
METHODS
24. In section 317.105–1, the first
sentence of paragraph (a) introductory
text, and paragraphs (a)(1) and (b), are
revised; and a new paragraph (c) is
added to read as follows:
■
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317.105–1
Uses.
(a) Each HCA determination to use
multi-year contracting, as defined in
FAR 17.103, is limited to individual
acquisitions where the full estimated
cancellation ceiling does not exceed 20
percent of the total contract value over
the multi-year term or $11.5 million,
whichever is less. * * *
(1) The amount of, and basis for, the
estimated cancellation ceiling.
*
*
*
*
*
(b) (1) SPE approval is required for
any—
(i) Individual determination to use
multi-year contracting with a
cancellation ceiling in excess of the
limits in 317.105–1(a); or
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(ii) Class determination (see FAR
Subpart 1.7).
(2) A determination involving a
cancellation ceiling in excess of the
limits in 317.105–1(a) shall present a
compelling justification for the
estimated cancellation ceiling. When
the estimated cancellation ceiling
exceeds $11.5 million, the
determination shall be accompanied by
a draft congressional notification letter
pursuant to FAR 17.108 and 317.108.
(c) The funding required for
performance of each year of a multi-year
contract under FAR Subpart 17.1 and
this subpart must be provided in full at
the start of that program year.
■ 25. Section 317.107 is revised to read
as follows:
317.107
Options.
When used as part of a multi-year
contract, options shall not be used to
extend the performance of the original
requirement for non-severable services
beyond 5 years. Options may serve as a
means to acquire related services
(severable or non-severable) and, upon
being exercised, shall be funded from
the then-current fiscal year’s
appropriation.
■ 26. In section 317.503, paragraphs
(a)(6) and (a)(7) are revised and a new
paragraph (a)(8) is added to read as
follows:
317.503 Determination and findings
requirements.
(a) * * *
(6) The recommended multi-agency or
intra-agency contracting approach;
(7) The conclusion that the contract to
be awarded by the selected servicing
organization is the most advantageous
alternative to the Government,
notwithstanding fees and the increased
risk associated with assisted
contracting; and
(8) The steps that will be taken to
ensure that contract funding will
comply with the bona fide needs rule
and the Anti-Deficiency Act.
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(f) Whenever a Contracting Officer is
informed that the Privacy Act is not
applicable, but the resultant contract
will involve the collection of
individually identifiable personal data
by the contractor, the Contracting
Officer shall include provisions to
protect the confidentiality of the records
and the privacy of individuals identified
in the records.
PART 332—CONTRACT FINANCING
29. In section 332.703–70(b), the first
sentence is revised to read as follows:
■
332.703–70 Funding contracts during a
continuing resolution.
*
*
*
*
*
(b) * * * Because the terms of CRs
may vary, for each CR, specific
operating guidance will be issued by the
Office of the Assistant Secretary for
Financial Resources (ASFR). * * *
*
*
*
*
*
PART 352—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
352.219–70
[Amended]
30. In the provision heading in section
352.219–70, remove ‘‘(October 2009)’’
and add in its place ‘‘(January 2010)’’.
■
352.219–71
[Amended]
31. In the clause heading in section
352.219–71, remove ‘‘(October 2009)’’
and add in its place ‘‘(January 2010)’’.
■
352.222–70
[Amended]
32. In the clause heading in section
352.222–70, remove ‘‘(October 2009)’’
and add in its place ‘‘(January 2010)’’.
■
352.231–70
[Amended]
33. In the clause heading in section
352.231–70, remove ‘‘(October 2009)’’
and add in its place ‘‘(January 2010)’’.
■
352.233–70
[Amended]
34. In the clause heading in section
352.233–70, remove ‘‘(October 2009)’’
and add in its place ‘‘(January 2010)’’.
■
PART 319—SMALL BUSINESS
PROGRAMS
352.239–70
319.201
■
[Amended]
27. Section 319.201(e)(1) is amended
by removing the acronym ‘‘BARDA’’ and
adding in its place ‘‘ASPR/OAMCG’’.
■
PART 324—PROTECTION OF PRIVACY
AND FREEDOM OF INFORMATION
28. Section 324.102(f) is revised to
read as follows:
■
324.102
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[Amended]
35. In the clause heading in section
352.239–70, remove ‘‘(October 2009)’’
and add in its place ‘‘(January 2010)’’.
352.239–71
[Amended]
36. In the clause heading in section
352.239–71, remove ‘‘(October 2009)’’
and add in its place ‘‘(January 2010)’’.
■
352.239–72
[Amended]
37. In the clause heading in section
352.239–72, remove ‘‘(October 2009)’’
and add in its place ‘‘(January 2010)’’.
■
E:\FR\FM\26APR1.SGM
26APR1
21512
Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Rules and Regulations
352.239–73
[Amended]
DEPARTMENT OF COMMERCE
38. In the provision heading in section
352.239–73(a) and the clause heading in
352.239–73(b), remove ‘‘(October 2009)’’
and add in its place ‘‘(January 2010)’’.
National Oceanic and Atmospheric
Administration
352.270–7
[Docket No. 090225243–0170–03]
■
[Amended]
39. In the clause heading in section
352.270–7, remove ‘‘(October 2009)’’ and
add in its place ‘‘(January 2010)’’.
■
352.270–8
[Amended]
40. In the clause heading in section
352.270–8, remove ‘‘(October 2009)’’ and
add in its place ‘‘(January 2010)’’.
■
352.270–9
[Amended]
41. In the provision heading in section
352.270–9, remove ‘‘(October 2009)’’ and
add in its place ‘‘(January 2010)’’.
■
PART 370—SPECIAL PROGRAMS
AFFECTING ACQUISITION
42. Section 370.400 is revised to read
as follows:
■
370.400
Scope of subpart.
This subpart applies to all R & D,
research training, biological testing,
housing and maintenance, and other
activities involving live vertebrate
animals conducted under contract (see
Public Health Service Policy on
Humane Care and Use of Laboratory
Animals (PHS Policy), Rev. 1986, Repr.
1996).
43. Paragraph 370.403(a) is revised to
read as follows:
■
370.403
Notice to offerors.
(a) The Contracting Officer shall insert
the provision in 352.270–5(a), Notice to
Offerors of Requirement for Compliance
with the Public Health Service Policy on
Humane Care and Use of Laboratory
Animals, in solicitations that involve
live vertebrate animals.
*
*
*
*
*
44. Section 370.404 is revised to read
as follows:
■
WReier-Aviles on DSKGBLS3C1PROD with RULES
370.404
Contract clause.
The Contracting Officer shall insert
the clause in 352.270–5(b), Care of Live
Vertebrate Animals, in solicitations,
contracts, and orders that involve live
vertebrate animals.
Dated: April 15, 2010.
Ellen G. Murray,
Assistant Secretary for Financial Resources.
[FR Doc. 2010–9382 Filed 4–23–10; 8:45 am]
BILLING CODE 4151–17–P
VerDate Nov<24>2008
15:07 Apr 23, 2010
Jkt 220001
50 CFR Parts 223 and 622
RIN 0648–AX67
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 31
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues this final rule to
implement Amendment 31 to the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(FMP) prepared by the Gulf of Mexico
Fishery Management Council (Council).
This final rule will implement
restrictions applicable to the bottom
longline component of the reef fish
fishery in the exclusive economic zone
(EEZ) of the eastern Gulf of Mexico
(Gulf). The restrictions include a bottom
longline endorsement requirement, a
seasonal closed area, and a limitation on
the number of hooks that can be
possessed and fished. The intent of this
rule is to balance the continued
operation of the bottom longline
component of the reef fish fishery in the
eastern Gulf while maintaining adequate
protective measures for sea turtles.
DATES: This rule is effective May 26,
2010.
Copies of the final
regulatory flexibility analysis (FRFA)
and record of decision may be obtained
from Cynthia Meyer, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701–5505.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted by e-mail to
rich.malinowski@noaa.gov, or
DavidlRostker@omb.eop.gov, or by fax
to 202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Cynthia Meyer, telephone: 727–824–
5305.
ADDRESSES:
The reef
fish fishery of the Gulf is managed
under the FMP. The FMP was prepared
by the Council and is implemented
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Management Act (Magnuson-Stevens
Act). The taking of sea turtles is
prohibited, with certain exceptions,
identified at 50 CFR part 223 under the
authority of the Endangered Species Act
(ESA) and its implementing regulations.
On December 31, 2009, NMFS
published a notice of availability of
Amendment 31 and requested public
comment (74 FR 69322). On January 15,
2010, NMFS published a proposed rule
for Amendment 31 and requested public
comment (75 FR 2469). NMFS approved
Amendment 31 on March 29, 2010. This
final rule establishes adequate
protective measures for loggerhead sea
turtles while maintaining a viable
bottom longline fleet. These measure
include a bottom longline endorsement,
a seasonal closed area in the eastern
Gulf, and a limitation on the number of
hooks that can be possessed and fished.
The rationale for the measures
contained in Amendment 31 is provided
in the amendment and in the preamble
to the proposed rule and is not repeated
here.
Comments and Responses
The following is a summary of the
comments NMFS received on the
proposed rule and Amendment 31, and
NMFS’ respective responses. During the
respective comment periods for
Amendment 31 and the proposed rule,
NMFS received 976 submissions. The
submissions included two scripted form
letters with 457 and 393 copies. NMFS
also received 126 unique mailed letters.
In addition, a non-governmental
organization submitted a petition with
2,297 signatures. Many of the faxes and
electronic comments were duplicate
submissions by the same person.
Comment 1: NMFS needs to take
action to stop additional sea turtle
mortality and reverse the decline in the
sea turtle population.
Response: NMFS has concluded that
the actions contained in this final rule
are sufficient to address sea turtle
interactions in the Gulf reef fish fishery.
NMFS reinitiated a formal section 7
consultation investigating continued
authorization of the reef fish fishery. An
emergency rule, effective May 18, 2009,
prohibited bottom longline gear for the
reef fish fishery in waters less than 50
fathoms (91 m) to address the issue in
the short-term and closed the portion of
the Gulf EEZ east of 85° 30′ W.
longitude to bottom longlining for reef
fish after the deepwater grouper quota
was met on June 27, 2009. According to
the NMFS 2009 report on sea turtle take
estimates for the commercial reef fish
fishery of the eastern Gulf, all but one
observed sea turtle take occurred in
water depths less than 50 fathoms (91
E:\FR\FM\26APR1.SGM
26APR1
]]>Agencies
[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Rules and Regulations]
[Pages 21508-21512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9382]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
48 CFR Chapter 3
Health and Human Services Acquisition Regulation; Corrections
AGENCY: Department of Health and Human Services.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This action corrects minor errors, inconsistencies and
omissions in the final rule, which revised the Health and Human
Services Acquisition Regulation (HHSAR) to implement statutes and
government-wide mandates enacted or issued since December 2006.
DATES: These corrections are effective on April 26, 2010.
FOR FURTHER INFORMATION CONTACT: Cheryl Howe, Procurement Analyst, U.S.
Department of Health and Human Services, Office of the Assistant
Secretary for Financial Resources, Office of Grants and Acquisition
Policy and Accountability, Division of Acquisition, 202-690-5552
(voice); cheryl.howe@hhs.gov (e-mail); 202-690-8772 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
HHS published a revision of the entire HHSAR (48 CFR parts 301
through 370) in the Federal Register on November 27, 2009 to reflect
changes since the last revision was published in the Federal Register
in December 2006. No adverse comments were received.
The revisions included, but were not limited to, the following:
A. Revising Subpart 301.6 regarding training and certification of
acquisition officials to implement federal acquisition certification
programs.
[[Page 21509]]
B. Adding a new Subpart 304.13 to implement Homeland Security
Presidential Directive--12.
C. Adding a new Subpart 315.70 regarding acquisition of electronic
information technology (EIT) products and services to implement the
requirements of Section 508 of the Rehabilitation Act of 1973 [29
U.S.C. 794(d)], as amended by the Workforce Improvement Act of 1998.
D. Adding a new Subpart 317.1 to implement FAR coverage on multi-
year contracting and amending Subpart 332.7 to address awards made
during a continuing resolution.
E. Adding a new Subpart 334.2 to implement FAR coverage on earned
value management (EVM).
The final rule, which became effective on January 26, 2010,
contained some minor errors, inconsistencies and omissions which this
document corrects. Those technical corrections are set forth below. The
corrections to the affected sections are merely procedural in nature
and propose no substantive changes on which public comment could be
solicited. HHS therefore finds that prior notice and opportunity for
comment on these corrections are unnecessary pursuant to 5 U.S.C.
553(b)(3)(A) and that good cause exists for these corrections to be
exempt from the 30-day delayed effective date requirement of 5 U.S.C.
553(d).
II. Summary of Changes
The following summarizes the corrections set forth in this notice.
A. HHS has changed multiple organizational titles to reflect recent
reorganizations within the Office of the Secretary.
B. HHS has resolved minor inconsistencies regarding Project Officer
and Contracting Officer's Technical Representative (COTR) training and
clarified the training requirements for technical evaluation panels.
C. HHS has clarified requirements related to (1) use of multi-year
contracting, (2) use of options under multi-year contracts, and (3)
preparation of a ``determination and findings'' for an assisted
contract.
List of Subjects in 48 CFR Parts 301, 302, 303, 304, 305, 306, 307,
315, 316, 317, 319, 324, 332, 352, and 370
Government procurement.
0
Accordingly, 48 CFR parts 301, 302, 303, 304, 305, 306, 307, 315, 316,
317, 319, 324, 332, 352, and 370 are corrected by making the following
amendments:
0
1. The authority citation for 48 CFR parts 301, 302, 303, 304, 305,
306, 307, 315, 316, 317, 319, 324, 332, 352, and 370 continues to read
as follows:
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
PART 301--HHS ACQUISITION REGULATION SYSTEM
0
2. Section 301.101(a) is revised to read as follows:
301.101 Purpose.
(a) The Department of Health and Human Services (HHS) Acquisition
Regulation (HHSAR) establishes uniform HHS acquisition policies and
procedures that conform to the Federal Acquisition Regulations (FAR)
System.
* * * * *
0
3. Section 301.270(b)(3) is revised to read as follows:
301.270 Executive Committee for Acquisition.
* * * * *
(b) * * *
(3) Assistant Secretary for Preparedness and Response/Office of
Acquisitions Management, Contracts and Grants (ASPR/OAMCG)
* * * * *
0
4. Section 301.603-73(e) is revised to read as follows:
301.603-73 Additional HHS training requirements.
* * * * *
(e) Section 508 training. When the HHS Office on Disability (OD) so
requires, all GS-1102s, GS-1105s and GS-1106s who award or administer
acquisitions that involve electronic information technology (EIT)
products or services (subject to Section 508 of the Rehabilitation Act
of 1973 and pertinent HHSAR provisions), must complete all applicable
OD sponsored training. For information on frequency, timing, and
duration of the training requirement, personnel shall consult with the
HHS OD.
* * * * *
0
5. In section 301.604-70, the first sentence is revised to read as
follows:
301.604-70 General.
In accordance with the Federal Acquisition Certification for
Contracting Officers' Technical Representatives (FAC-COTR) program, HHS
has established a training program for certification and designation of
personnel as COTRs--see HHS' Federal Acquisition Certification for
Contracting Officers' Technical Representatives Program Handbook (COTR
Handbook), dated January 2009, for information on the methods for
earning FAC-COTR certification. * * *
0
6. Section 301.604-72 is revised to read as follows:
301.604-72 Requirements for certification maintenance.
Maintaining HHS FAC-COTR certification requires at least 40
relevant CLPs every 2 years. See Appendix A of OFPP's FAC-COTR
memorandum, dated November 26, 2007, and HHS' COTR Handbook for
information on CLPs.
0
7. Section 301.604-74 is revised to read as follows:
301.604-74 Additional COTR training requirements.
(a) See HHS' COTR Handbook for information on additional COTR
training requirements.
(b) Training policy exceptions.
(1) EVM training. In the event that there is an urgent requirement
for a COTR to administer a contract to which EVM will be applied, and
the individual has not yet met the EVM training requirement, the HCA
(non-delegable) may authorize the individual to perform the position
duties, provided that the individual meets the training requirement
within 9 months from the date of assignment to the contract. If the
individual does not complete the training requirement within 9 months,
the HCA's approval for the individual's assignment to the contract will
automatically terminate on that date. In addition, during any extension
period, the COTR must work under the direction of a COTR, or Program/
Project Manager who has taken an EVM course.
(2) Other additional HHS training. The HCA (non-delegable) may
grant a time extension of up to 9 months to a COTR to complete the PBA,
Federal appropriations law, and green purchasing training requirements,
including completion of refresher training. If the individual does not
complete the training requirement within the extension period, the
HCA's approval will automatically terminate on that date.
0
8. In section 301.606-71, the last sentence is revised to read as
follows:
301.606-71 Project Officer training.
* * * See HHS' COTR Handbook for additional information on the
basic training requirement for Project Officers and guidance on the
training requirement for technical proposal evaluators in
315.305(a)(3)(ii).
301.606-73 and 301.606-74 [Redesignated as 301.606-74 and 301.606-75]
0
9. Sections 301.606-73 and 301.606-74 are redesignated as sections
301.606-74 and 301.606-75, respectively.
[[Page 21510]]
0
10. Add new section 301.606-73 to read as follows:
301.606-73 Requirements for continuous learning maintenance.
Designated Project Officers require at least 40 relevant CLPs every
2 years. See HHS' COTR Handbook for information on CLPs.
0
11. Revise redesignated section 301.606-75 to read as follows:
301.606-75 Additional Project Officer training requirements.
(a) See HHS' COTR Handbook for information on additional training
requirements.
(b) Training policy exceptions.
(1) EVM training. In the event that there is an urgent requirement
to assign a Project Officer to a contract project to which EVM will be
applied, and the individual has not yet met the EVM training
requirement, the HCA (non-delegable) may authorize the individual to
perform the position duties, provided that the individual meets the
training requirement within 3 months from the date of submission of the
AP or other acquisition request documentation to the contracting
office. If the individual does not complete the training requirement
within the extension period, the HCA's approval for the individual's
assignment to the project will automatically terminate on that date. In
addition, during any extension period, the Project Officer must work
under the direction of a Project Officer, COTR, or Program/Project
Manager who has taken an EVM course.
(2) Other additional HHS training. The HCA (non-delegable) may
grant a time extension of up to 9 months to a Project Officer to
complete the PBA, Federal appropriations law, and green purchasing
training requirements, including completion of refresher training. If
the individual does not complete the training requirement within the
extension period, the HCA's approval will automatically terminate on
that date.
301.607-77 [Removed]
0
12. Remove section 301.607-77.
301.607-78 and 301.607-79 [Redesignated as 301.607-77 and 301.607-78]
0
13. Sections 301.607-78 and 301.607-79 are redesignated as sections
301.607-77 and 301.607-78, respectively.
PART 302--DEFINITIONS OF WORDS AND TERMS
0
14. In section 302.101, paragraph (d)(1), and the first sentences of
paragraphs (e) and (f), are revised to read as follows:
302.101 Definitions.
* * * * *
(d) * * *
(1) The HHS HCAs are as follows:
AHRQ: Director, Division of Contracts Management.
ASPR: Director, Office of Acquisitions Management, Contracts and
Grants.
CDC: Director, Procurement and Grants Office.
CMS: Director, Office of Acquisition and Grants Management.
FDA: Director, Office of Acquisitions and Grant Services.
HRSA: Director, Office of Acquisition Management and Policy.
IHS: Director, Division of Acquisition Policy.
NIH: Director, Office of Acquisition and Logistics Management.
PSC: Director, Strategic Acquisition Service.
SAMHSA: Director, Division of Contracts Management.
* * * * *
(e) Program Manager is a federal employee whom an OPDIV official or
designee one level above the head of the sponsoring program office has
designated in writing to act as a Program Manager for a group of
related major or non-major IT or construction capital investments--see
HHS' P/PM Handbook. * * *
(f) Project Manager is a federal employee whom a head of the
sponsoring program office (Program Manager) or designee has designated
in writing to act as a Project Manager for a major or non-major IT or
construction capital investment--see HHS' P/PM Handbook. * * *
* * * * *
302.7000 [Amended]
0
15. In section 302.7000(b), the table is amended by removing the
acronym ``BARDA'' and its associated term ``Biomedical Advanced
Research and Development Authority'' and adding in their place after
``ASFR'' the acronym ``ASPR/OAMCG'' and its associated term ``Assistant
Secretary for Preparedness and Response, Office of Acquisitions
Management, Contracts and Grants''.
PART 303--IMPROPER BUSINESS PRACTICIES AND PERSONAL CONFLICTS OF
INTEREST
0
16. Section 303.1003(b)(1) is revised to read as follows:
303.1003 Requirements.
* * * * *
(b) * * *
(1) Notify the OIG at https://www.oig.hhs.gov/fraud/hotline;
* * * * *
PART 304--ADMINISTRATIVE MATTERS
304.7001 [Amended]
0
17. Sections 304.7001(b)(2) and (c)(2) are amended by removing the
acronym ``BARDA'' and adding in its place the acronym ``ASPR/OAMCG''.
PART 305--PUBLICIZING CONTRACT ACTIONS
0
18. Section 305.303 is revised to read as follows:
305.303 Announcement of contract awards.
(a) Public Announcement. The Contracting Officer shall report
awards over $3.5 million, not otherwise exempt under FAR 5.303, to the
Office of the Assistant Secretary for Legislation (OASL) (Congressional
Liaison). The Contracting Officer shall e-mail a copy of the contract
or award document face page to grantfax@hhs.gov prior to the day of
award or in sufficient time to allow OASL to make an announcement by 5
p.m. Washington, DC time on the day of award.
PART 306--COMPETITION REQUIREMENTS
306.501 [Amended]
0
19. Section 306.501 is amended by removing ``BARDA: Chief of Mission
Support and Acquisition Policy'' and adding in its place ``ASPR/OAMCG:
Chief of Acquisition Policy''.
PART 307--ACQUISITION PLANNING
0
20. In section 307.7101(c), the last sentence is revised to read as
follows:
307.7101 Policy.
* * * * *
(c) * * * Alternatively, OPDIVs may prescribe use of an AP for
acquisitions excepted under 307.7101(a)(1) through (a)(8).
0
21. Section 307.7102(b) is revised to read as follows:
307.7102 Content.
* * * * *
(b) HCA or designee shall notify ASFR/OGAPA/DA of the need to
revise the AP; and
* * * * *
PART 315--CONTRACTING BY NEGOTIATION
0
22. In section 315.305, the first sentence in paragraph
(a)(3)(ii)(A)(3) is removed and three sentences are added in its place;
and the second sentence in paragraph (a)(3)(v) is revised to read as
follows:
[[Page 21511]]
315.305 Proposal evaluation.
(a) * * *
(3) * * *
(ii) * * *
(A) * * *
(3) At least 50 percent of the HHS personnel on a technical
evaluation panel shall have successfully completed HHS University's
``Basic Contracting Officer's Technical Representative'' course or an
equivalent course within 4 years before assuming their designated role.
This training requirement applies to evaluators performing the initial
technical evaluation and any subsequent technical evaluations, but does
not apply to peer review panel members. The Contracting Officer may
waive this training requirement in exigent circumstances if documented
in writing and approved by the Head of Contracting Activity.
* * * * *
(v) * * * The evaluators may then discuss in detail the individual
strengths and weaknesses described by each evaluator and, if possible,
arrive at a common understanding of the major strengths and weaknesses
and the potential for correcting each offeror's weakness(es). * * *
* * * * *
PART 316--TYPES OF CONTRACTS
316.505 [Amended]
0
23. Section 316.505(b)(5) is amended by removing ``BARDA: Chief of
Mission Support and Acquisition Policy'' and adding in its place
``ASPR/OAMCG: Chief of Acquisition Policy''.
PART 317--SPECIAL CONTRACTING METHODS
0
24. In section 317.105-1, the first sentence of paragraph (a)
introductory text, and paragraphs (a)(1) and (b), are revised; and a
new paragraph (c) is added to read as follows:
317.105-1 Uses.
(a) Each HCA determination to use multi-year contracting, as
defined in FAR 17.103, is limited to individual acquisitions where the
full estimated cancellation ceiling does not exceed 20 percent of the
total contract value over the multi-year term or $11.5 million,
whichever is less. * * *
(1) The amount of, and basis for, the estimated cancellation
ceiling.
* * * * *
(b) (1) SPE approval is required for any--
(i) Individual determination to use multi-year contracting with a
cancellation ceiling in excess of the limits in 317.105-1(a); or
(ii) Class determination (see FAR Subpart 1.7).
(2) A determination involving a cancellation ceiling in excess of
the limits in 317.105-1(a) shall present a compelling justification for
the estimated cancellation ceiling. When the estimated cancellation
ceiling exceeds $11.5 million, the determination shall be accompanied
by a draft congressional notification letter pursuant to FAR 17.108 and
317.108.
(c) The funding required for performance of each year of a multi-
year contract under FAR Subpart 17.1 and this subpart must be provided
in full at the start of that program year.
0
25. Section 317.107 is revised to read as follows:
317.107 Options.
When used as part of a multi-year contract, options shall not be
used to extend the performance of the original requirement for non-
severable services beyond 5 years. Options may serve as a means to
acquire related services (severable or non-severable) and, upon being
exercised, shall be funded from the then-current fiscal year's
appropriation.
0
26. In section 317.503, paragraphs (a)(6) and (a)(7) are revised and a
new paragraph (a)(8) is added to read as follows:
317.503 Determination and findings requirements.
(a) * * *
(6) The recommended multi-agency or intra-agency contracting
approach;
(7) The conclusion that the contract to be awarded by the selected
servicing organization is the most advantageous alternative to the
Government, notwithstanding fees and the increased risk associated with
assisted contracting; and
(8) The steps that will be taken to ensure that contract funding
will comply with the bona fide needs rule and the Anti-Deficiency Act.
PART 319--SMALL BUSINESS PROGRAMS
319.201 [Amended]
0
27. Section 319.201(e)(1) is amended by removing the acronym ``BARDA''
and adding in its place ``ASPR/OAMCG''.
PART 324--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
0
28. Section 324.102(f) is revised to read as follows:
324.102 General.
* * * * *
(f) Whenever a Contracting Officer is informed that the Privacy Act
is not applicable, but the resultant contract will involve the
collection of individually identifiable personal data by the
contractor, the Contracting Officer shall include provisions to protect
the confidentiality of the records and the privacy of individuals
identified in the records.
PART 332--CONTRACT FINANCING
0
29. In section 332.703-70(b), the first sentence is revised to read as
follows:
332.703-70 Funding contracts during a continuing resolution.
* * * * *
(b) * * * Because the terms of CRs may vary, for each CR, specific
operating guidance will be issued by the Office of the Assistant
Secretary for Financial Resources (ASFR). * * *
* * * * *
PART 352--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
352.219-70 [Amended]
0
30. In the provision heading in section 352.219-70, remove ``(October
2009)'' and add in its place ``(January 2010)''.
352.219-71 [Amended]
0
31. In the clause heading in section 352.219-71, remove ``(October
2009)'' and add in its place ``(January 2010)''.
352.222-70 [Amended]
0
32. In the clause heading in section 352.222-70, remove ``(October
2009)'' and add in its place ``(January 2010)''.
352.231-70 [Amended]
0
33. In the clause heading in section 352.231-70, remove ``(October
2009)'' and add in its place ``(January 2010)''.
352.233-70 [Amended]
0
34. In the clause heading in section 352.233-70, remove ``(October
2009)'' and add in its place ``(January 2010)''.
352.239-70 [Amended]
0
35. In the clause heading in section 352.239-70, remove ``(October
2009)'' and add in its place ``(January 2010)''.
352.239-71 [Amended]
0
36. In the clause heading in section 352.239-71, remove ``(October
2009)'' and add in its place ``(January 2010)''.
352.239-72 [Amended]
0
37. In the clause heading in section 352.239-72, remove ``(October
2009)'' and add in its place ``(January 2010)''.
[[Page 21512]]
352.239-73 [Amended]
0
38. In the provision heading in section 352.239-73(a) and the clause
heading in 352.239-73(b), remove ``(October 2009)'' and add in its
place ``(January 2010)''.
352.270-7 [Amended]
0
39. In the clause heading in section 352.270-7, remove ``(October
2009)'' and add in its place ``(January 2010)''.
352.270-8 [Amended]
0
40. In the clause heading in section 352.270-8, remove ``(October
2009)'' and add in its place ``(January 2010)''.
352.270-9 [Amended]
0
41. In the provision heading in section 352.270-9, remove ``(October
2009)'' and add in its place ``(January 2010)''.
PART 370--SPECIAL PROGRAMS AFFECTING ACQUISITION
0
42. Section 370.400 is revised to read as follows:
370.400 Scope of subpart.
This subpart applies to all R & D, research training, biological
testing, housing and maintenance, and other activities involving live
vertebrate animals conducted under contract (see Public Health Service
Policy on Humane Care and Use of Laboratory Animals (PHS Policy), Rev.
1986, Repr. 1996).
0
43. Paragraph 370.403(a) is revised to read as follows:
370.403 Notice to offerors.
(a) The Contracting Officer shall insert the provision in 352.270-
5(a), Notice to Offerors of Requirement for Compliance with the Public
Health Service Policy on Humane Care and Use of Laboratory Animals, in
solicitations that involve live vertebrate animals.
* * * * *
0
44. Section 370.404 is revised to read as follows:
370.404 Contract clause.
The Contracting Officer shall insert the clause in 352.270-5(b),
Care of Live Vertebrate Animals, in solicitations, contracts, and
orders that involve live vertebrate animals.
Dated: April 15, 2010.
Ellen G. Murray,
Assistant Secretary for Financial Resources.
[FR Doc. 2010-9382 Filed 4-23-10; 8:45 am]
BILLING CODE 4151-17-P
