Federal Acquisition Regulation: FAR Case 2009-004, Enhancing Contract Transparency, 26916-26917 [2010-11381]
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Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Proposed Rules
the Commission determines that
reporting is required, it will seek
comment from the OMB and interested
parties prior to any such requirements
taking effect. In addition, pursuant to
the Small Business Paperwork Relief
Act of 2002, we will seek specific
comment on how we might ‘‘further
reduce the information collection
burden for small business concerns with
fewer than 25 employees.’’ Nevertheless,
interested parties are encouraged to
comment on whether any new or
revised information collection is
necessary, and if so, how the
Commission might minimize the burden
of any such collection.
C. Ex Parte Presentations
69. These matters shall be treated as
a ‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentations must contain summaries
of the substance of the presentations
and not merely a listing of the subjects
discussed. More than a one- or twosentence description of the views and
arguments presented is generally
required. Other requirements pertaining
to oral and written presentations are set
forth in § 1.1206(b) of the Commission’s
rules.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010–11321 Filed 5–12–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 24
[FAR Case 2009–004; Docket 2010–0089,
Sequence 1]
cprice-sewell on DSKHWCL6B1PROD with PROPOSALS
RIN 9000–AL59
Federal Acquisition Regulation: FAR
Case 2009–004, Enhancing Contract
Transparency
AGENCY: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Advance notice of proposed
rulemaking.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
VerDate Mar<15>2010
14:29 May 12, 2010
Jkt 220001
Acquisition Regulations Council
(Councils) are seeking information that
will assist in determining how best to
amend the Federal Acquisition
Regulation (FAR) to enable public
posting of contract actions, should such
posting become a requirement in the
future, without compromising
contractors’ proprietary and confidential
commercial or financial information.
This transparency effort is intended to
promote efficiency in Government
contracting through an open acquisition
process and improve Federal spending
accountability consistent with the
Administration’s memorandum entitled
Transparency and Open Government
(January 21, 2009) (Published in the
Federal Register at 74 FR 4685, January
26, 2009).
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat at the address shown below
on or before July 12, 2010 to be
considered in the formation of a
proposed rule.
ADDRESSES: Submit comments
identified by FAR Case 2009–004, by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2009–004’’ under
the heading ‘‘Comment or Submission.’’
Select the link ‘‘Send a Comment or
Submission’’ that corresponds with FAR
Case 2009–004. Follow the instructions
provided to complete the ‘‘Public
Comment and Submission Form.’’ Please
include your name, company name (if
any), and ‘‘FAR Case 2009–004’’ on your
attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, FAR Secretariat
(MVCB), 1800 F Street, NW., Room
4041, Attn: Hada Flowers, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAR Case 2009–004 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: Mr.
Michael Jackson, Procurement Analyst,
at (202) 208–4949 for clarification of
content. The FAR Secretariat at (202)
501–4755 for information pertaining to
status or publication schedules. Please
cite FAR case 2009–004.
SUPPLEMENTARY INFORMATION:
The Councils anticipate that, in the
future, a requirement to post on-line the
text of contracts and task and delivery
orders will be instituted. See generally
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
Presidential Memorandum entitled
Freedom of Information Act (January 21,
2009) (Published in the Federal Register
at 74 FR 4683, January 26, 2009);
Presidential Memorandum entitled
Transparency and Open Government
(January 21, 2009) (Published in the
Federal Register at 74 FR 4685, January
26, 2009); Attorney General
Memorandum entitled Freedom of
Information Act (March 19, 2009);
Office of Science and Technology Policy
Notice, Transparency and Open
Government (Published in the Federal
Register at 74 FR 23901, May 21, 2009);
OMB memorandum entitled Open
Government Directive (M–10–06,
December 8, 2009). In support of this
anticipated requirement, the Councils
are considering how best to revise the
FAR to facilitate such posting without
violating statutory and regulatory
prohibitions against disclosing
protected information belonging to the
Government or contractors.
The Councils are particularly
interested in suggestions that will
facilitate uniform, consistent processing
methods that are fair and equitable as
well as cost effective and efficient,
while at the same time simplifying
access to acquisitions once posted. The
Councils are mindful of the need to
protect the Government’s classified
information in accordance with the
National Industrial Security Program
Operating Manual (NISPOM) (DoD
5220.22–M) and the Industrial Security
Regulation (DoD 5220.22–R) (see FAR
Subpart 4.4) and the protections
afforded contractor information under
the Freedom of Information Act (FOIA)
(5 U.S.C. 552) procedures (see FAR
Subpart 24.2 and E.O. 12600). The
Councils are also mindful of the FAR
section which already addresses the
marking of contractor information (see
FAR 3.104–4).
It may not be practical to apply FOIA
procedures before posting in every case.
The Councils are looking into methods
for identifying the types of information
that should not be posted or released to
the public, as well as means for
electronic processing and posting, and
development of provision or clause
requirements for successful offerors to
provide a redacted copy of the contract.
The Councils are also requesting
suggestions for how best to protect the
types of information through redacting,
locating all such information in a
standard place in the contract, or other
possible methods to be considered.
Respondents are encouraged to
address the benefits of this transparency
effort as well as possible impacts on
offerors’ and the Government’s business
systems, dollar thresholds for
E:\FR\FM\13MYP1.SGM
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Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Proposed Rules
application, and other cost impacts,
especially on proposal preparation.
Also, written responses to this notice
should address whether a public
meeting on this topic would be
beneficial and, if so, what issues should
be addressed.
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.
List of Subjects in 48 CFR Part 24
Government procurement.
Dated: May 7, 2010.
Edward Loeb,
Acting Director, Acquisition Policy Division.
[FR Doc. 2010–11381 Filed 5–12–10; 8:45 am]
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BILLING CODE P
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14:29 May 12, 2010
Jkt 220001
PO 00000
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]]>Agencies
[Federal Register Volume 75, Number 92 (Thursday, May 13, 2010)]
[Proposed Rules]
[Pages 26916-26917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11381]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 24
[FAR Case 2009-004; Docket 2010-0089, Sequence 1]
RIN 9000-AL59
Federal Acquisition Regulation: FAR Case 2009-004, Enhancing
Contract Transparency
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are seeking information that
will assist in determining how best to amend the Federal Acquisition
Regulation (FAR) to enable public posting of contract actions, should
such posting become a requirement in the future, without compromising
contractors' proprietary and confidential commercial or financial
information. This transparency effort is intended to promote efficiency
in Government contracting through an open acquisition process and
improve Federal spending accountability consistent with the
Administration's memorandum entitled Transparency and Open Government
(January 21, 2009) (Published in the Federal Register at 74 FR 4685,
January 26, 2009).
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at the address shown below on or before July 12,
2010 to be considered in the formation of a proposed rule.
ADDRESSES: Submit comments identified by FAR Case 2009-004, by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2009-004'' under the heading ``Comment or Submission.'' Select the link
``Send a Comment or Submission'' that corresponds with FAR Case 2009-
004. Follow the instructions provided to complete the ``Public Comment
and Submission Form.'' Please include your name, company name (if any),
and ``FAR Case 2009-004'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, FAR Secretariat
(MVCB), 1800 F Street, NW., Room 4041, Attn: Hada Flowers, Washington,
DC 20405.
Instructions: Please submit comments only and cite FAR Case 2009-
004 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: Mr. Michael Jackson, Procurement
Analyst, at (202) 208-4949 for clarification of content. The FAR
Secretariat at (202) 501-4755 for information pertaining to status or
publication schedules. Please cite FAR case 2009-004.
SUPPLEMENTARY INFORMATION:
The Councils anticipate that, in the future, a requirement to post
on-line the text of contracts and task and delivery orders will be
instituted. See generally Presidential Memorandum entitled Freedom of
Information Act (January 21, 2009) (Published in the Federal Register
at 74 FR 4683, January 26, 2009); Presidential Memorandum entitled
Transparency and Open Government (January 21, 2009) (Published in the
Federal Register at 74 FR 4685, January 26, 2009); Attorney General
Memorandum entitled Freedom of Information Act (March 19, 2009); Office
of Science and Technology Policy Notice, Transparency and Open
Government (Published in the Federal Register at 74 FR 23901, May 21,
2009); OMB memorandum entitled Open Government Directive (M-10-06,
December 8, 2009). In support of this anticipated requirement, the
Councils are considering how best to revise the FAR to facilitate such
posting without violating statutory and regulatory prohibitions against
disclosing protected information belonging to the Government or
contractors.
The Councils are particularly interested in suggestions that will
facilitate uniform, consistent processing methods that are fair and
equitable as well as cost effective and efficient, while at the same
time simplifying access to acquisitions once posted. The Councils are
mindful of the need to protect the Government's classified information
in accordance with the National Industrial Security Program Operating
Manual (NISPOM) (DoD 5220.22-M) and the Industrial Security Regulation
(DoD 5220.22-R) (see FAR Subpart 4.4) and the protections afforded
contractor information under the Freedom of Information Act (FOIA) (5
U.S.C. 552) procedures (see FAR Subpart 24.2 and E.O. 12600). The
Councils are also mindful of the FAR section which already addresses
the marking of contractor information (see FAR 3.104-4).
It may not be practical to apply FOIA procedures before posting in
every case. The Councils are looking into methods for identifying the
types of information that should not be posted or released to the
public, as well as means for electronic processing and posting, and
development of provision or clause requirements for successful offerors
to provide a redacted copy of the contract. The Councils are also
requesting suggestions for how best to protect the types of information
through redacting, locating all such information in a standard place in
the contract, or other possible methods to be considered.
Respondents are encouraged to address the benefits of this
transparency effort as well as possible impacts on offerors' and the
Government's business systems, dollar thresholds for
[[Page 26917]]
application, and other cost impacts, especially on proposal
preparation. Also, written responses to this notice should address
whether a public meeting on this topic would be beneficial and, if so,
what issues should be addressed.
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.
List of Subjects in 48 CFR Part 24
Government procurement.
Dated: May 7, 2010.
Edward Loeb,
Acting Director, Acquisition Policy Division.
[FR Doc. 2010-11381 Filed 5-12-10; 8:45 am]
BILLING CODE P
