Federal Acquisition Regulation; FAR Case 2008-035, Registry of Disaster Response Contractors, 38683-38684 [2010-15914]

Download as PDF Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations (vi) Scrap should be reported by ‘‘lot’’ along with metal content, estimated weight and estimated value. * * * * * (8) * * * (ii) * * * Unless otherwise directed by the Contracting Officer or by the Plant Clearance Officer, the Contractor shall remove and destroy any markings identifying the property as U.S. Government-owned property prior to its disposal. * * * * * (h)(1) The Contractor assumes the risk of, and shall be responsible for, any loss, theft, damage or destruction of Government property upon its delivery to the Contractor as Government-furnished property. * * * * * * [FR Doc. 2010–15918 Filed 7–1–10; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Alternate I (AUG 2010). * * * * apply to all property acquired under such authorization. * 48 CFR Parts 2, 4, 7, 10, 13, 18, 26, and 52 [FAC 2005–43; FAR Case 2008–035; Item II; Docket 2009–0033, Sequence 1] 22. Amend section 52.245–2 by revising the date of the clause, and the first two sentences of paragraph (b) to read as follows: RIN 9000–AL30 52.245–2 Government Property Installation Operation Services. AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. ■ * * * * * GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (AUG 2010) * * * * * (b) The Government bears no responsibility for repair or replacement of any lost, stolen, damaged or destroyed-Government property. If any or all of the Government property is lost, stolen, damaged or destroyed or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. * * * * * * * * 23. Amend section 52.245–9 by revising the date of the clause, and the introductory text of paragraph (a); and removing the definitions ‘‘Acquisition cost’’, ‘‘Government property’’, ‘‘Plant equipment’’, and ‘‘Real property’’. The revised text reads as follows: ■ 52.245–9 * * Use and Charges. * * * USE AND CHARGES (AUG 2010) (a) Definitions. Definitions applicable to this contract are provided in the clause at 52.245–1, Government Property. Additional definitions as used in this clause include: * * * * * 24. Amend section 52.251–1 by revising the date of the clause, and the last sentence of the clause to read as follows: srobinson on DSKHWCL6B1PROD with RULES3 ■ 52.251–1 * * Government Supply Sources. * * * GOVERNMENT SUPPLY SOURCES (AUG 2010) * * * The provisions of the clause entitled ‘‘Government Property,’’ at 52.245–1, shall VerDate Mar<15>2010 16:38 Jul 01, 2010 Jkt 220001 Federal Acquisition Regulation; FAR Case 2008–035, Registry of Disaster Response Contractors SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted, as final without change, the interim rule amending the Federal Acquisition Regulation (FAR) to implement the Department of Homeland Security Appropriations Act, 2007, section 697, which requires the establishment and maintenance of a registry of disaster response contractors. DATES: Effective Date: August 2, 2010. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Millisa Gary, Procurement Analyst, at (202) 501–0699. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. Please cite FAC 2005–43, FAR case 2008–035. SUPPLEMENTARY INFORMATION: A. Background Public Law 109–295, the Department of Homeland Security Appropriations Act, 2007, section 697, requires the establishment and maintenance of a registry of contractors willing to perform debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities. In addition, contracting officers are required to consult the registry during market research and acquisition planning. The interim rule was published in the Federal Register on October 14, 2009 (74 FR 52847). The public comment PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 38683 period closed on December 14, 2009. No comments were received in response to the interim rule. In the interim rule, the Councils amended the language at FAR 2.101 to add a definition of ‘‘Disaster Response Registry,’’ and at FAR 4.1104, 18.102, and 26.205 to require contracting officers to consult the registry at http://www.ccr.gov. In addition, a requirement was added to FAR 10.001 to require contracting officers to take advantage of commercially available market research methods to identify capabilities to meet agency requirements for disaster relief. The Disaster Response Registry is located at www.ccr.gov. The Federal Emergency Management Agency (within the Department of Homeland Security) has a link to the registry for vendors on its Web site http://www.fema.gov/ business/contractor.shtm. The Registry covers disaster and emergency relief activities inside the United States and its outlying areas only. Major disaster and emergency declarations are published in the Federal Register and are available at http://www.fema.gov/ news/disasters.fema. 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 does not revise or change existing regulations pertaining to small business concerns seeking Government contracts. In addition, the Councils sought comments from small businesses on the affected FAR parts at the publication of the interim rule. No comments were received. 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 2, 4, 7, 10, 13, 18, 26, and 52 Government procurement. E:\FR\FM\02JYR3.SGM 02JYR3 38684 Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations Dated: June 25, 2010. Edward Loeb, Director, Acquisition Policy Division. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 2, 4, 7, 10, 13, 18, 26, and 52, which was published in the Federal Register at 74 FR 52847 on October 14, 2009, is adopted as a final rule without change. [FR Doc. 2010–15914 Filed 7–1–10; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 4 and 52 [FAC 2005–43; FAR Case 2010–008; Item III; Docket 2010–0008, Sequence 1] RIN 9000–AL63 Federal Acquisition Regulation; FAR Case 2010–008, Recovery Act Subcontract Reporting Procedures srobinson on DSKHWCL6B1PROD with RULES3 AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to revise the clause at FAR 52.204–11. This interim rule does not require renegotiation of existing Recovery Act contracts that include the clause dated March 2009. This change will require first-tier subcontractors with Recovery Act funded awards of $25,000 or more, to report jobs information to the prime contractor for reporting into http:// FederalReporting.gov. It also will require the prime contractor to submit its first report on or before the 10th day after the end of the calendar quarter in which the prime contractor received the award, and quarterly thereafter. DATES: Effective Date: July 2, 2010. Applicability Date: The changes to the original clause will be used for all new solicitations and contracts issued on or after the effective date of this interim rule. This change is not required for task and delivery orders where the original VerDate Mar<15>2010 16:38 Jul 01, 2010 Jkt 220001 clause dated March 2009 is already in the underlying task and delivery order contract. This change is not required when modifying existing contracts that contain the clause dated March 2009. Therefore, this interim rule does not require renegotiation of existing Recovery Act contracts that include the clause dated March 2009. Comment Date: Interested parties should submit written comments to the Regulatory Secretariat on or before August 31, 2010 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAC 2005–43, FAR case 2010–008, by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FAR Case 2010–008’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘FAR Case 2010–008.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2010–008’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, Washington, DC 20405. Instructions: Please submit comments only and cite FAC 2005–43, FAR case 2010–008, in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. Karlos Morgan, Procurement Analyst, at (202) 501–2364 for clarification of content. Please cite FAC 2005–43, FAR case 2010–008. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. SUPPLEMENTARY INFORMATION: A. Background On February 17, 2009, the President signed Public Law 111–5, the American Recovery and Reinvestment Act of 2009 (the ‘‘Recovery Act’’), including a number of provisions to be implemented in Federal Government contracts. On March 31, 2009, the Councils published FAR Case 2009–009 in the Federal Register, (74 FR 14639) as an interim rule amending the FAR to implement section 1512 of the Recovery Act, which requires contractors to report PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 on their use of Recovery Act funds. A correction was published May 14, 2009 (74 FR 22810). The FAR interim rule added a new subpart 4.15, and a new clause, 52.204–11, requiring contracting officers to include the clause in solicitations and contracts funded in whole or in part with Recovery Act funds, except classified solicitations and contracts. This new interim rule revises the clause and instructs contracting officers to include the clause in all new solicitations and contracts issued on or after the effective date of this interim rule. This revised clause is not required for any existing contracts, or task and delivery orders issued under a contract, that contain the original clause FAR clause 52.204–11 dated March 2009. Therefore, no renegotiation is required. However, the revised clause will be required for any new Recovery Act funded task or delivery orders if the underlying task or delivery order contract does not contain FAR clause 52.204–11, dated March 2009. The revised clause requires first-tier subcontractors to report jobs information to the prime contractor for reporting into http:// FederalReporting.gov. It also requires prime contractors to submit their first quarterly report into http:// FederalReporting.gov on or before the 10th day following the end of the calendar quarter in which the prime contractor received its award and submit quarterly thereafter. The revised clause also refers contractors and their first-tier subcontractors to a set of Frequently Asked Questions (FAQs) available online. Contractors subject to 52.204–11 were initially notified of the FAQs through a Federal Register notice (74 FR 48971), published on September 25, 2009. 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 This interim rule may 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 it requires quarterly reporting on subcontractor jobs under newly awarded Recovery Act funded contracts. An Initial Regulatory Flexibility Analysis (IRFA) has been prepared. The analysis is summarized as follows: 1. Reasons for the action. E:\FR\FM\02JYR3.SGM 02JYR3

Agencies

[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38683-38684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15914]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 7, 10, 13, 18, 26, and 52

[FAC 2005-43; FAR Case 2008-035; Item II; Docket 2009-0033, Sequence 1]
RIN 9000-AL30


Federal Acquisition Regulation; FAR Case 2008-035, Registry of 
Disaster Response Contractors

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 
Acquisition Regulations Council (Councils) have adopted, as final 
without change, the interim rule amending the Federal Acquisition 
Regulation (FAR) to implement the Department of Homeland Security 
Appropriations Act, 2007, section 697, which requires the establishment 
and maintenance of a registry of disaster response contractors.

DATES: Effective Date: August 2, 2010.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Millisa Gary, Procurement Analyst, at (202) 501-0699. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at (202) 501-4755. Please cite FAC 2005-43, FAR case 2008-
035.

SUPPLEMENTARY INFORMATION: 

A. Background

    Public Law 109-295, the Department of Homeland Security 
Appropriations Act, 2007, section 697, requires the establishment and 
maintenance of a registry of contractors willing to perform debris 
removal, distribution of supplies, reconstruction, and other disaster 
or emergency relief activities. In addition, contracting officers are 
required to consult the registry during market research and acquisition 
planning.
    The interim rule was published in the Federal Register on October 
14, 2009 (74 FR 52847). The public comment period closed on December 
14, 2009. No comments were received in response to the interim rule.
    In the interim rule, the Councils amended the language at FAR 2.101 
to add a definition of ``Disaster Response Registry,'' and at FAR 
4.1104, 18.102, and 26.205 to require contracting officers to consult 
the registry at  http://www.ccr.gov. In addition, a requirement was 
added to FAR 10.001 to require contracting officers to take advantage 
of commercially available market research methods to identify 
capabilities to meet agency requirements for disaster relief.
    The Disaster Response Registry is located at www.ccr.gov. The 
Federal Emergency Management Agency (within the Department of Homeland 
Security) has a link to the registry for vendors on its Web site http://www.fema.gov/business/contractor.shtm. The Registry covers disaster 
and emergency relief activities inside the United States and its 
outlying areas only. Major disaster and emergency declarations are 
published in the Federal Register and are available at http://www.fema.gov/news/disasters.fema.
    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 does not 
revise or change existing regulations pertaining to small business 
concerns seeking Government contracts. In addition, the Councils sought 
comments from small businesses on the affected FAR parts at the 
publication of the interim rule. No comments were received.

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 2, 4, 7, 10, 13, 18, 26, and 52

    Government procurement.


[[Page 38684]]


    Dated: June 25, 2010.
Edward Loeb,
Director, Acquisition Policy Division.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR parts 2, 4, 7, 10, 
13, 18, 26, and 52, which was published in the Federal Register at 74 
FR 52847 on October 14, 2009, is adopted as a final rule without 
change.

[FR Doc. 2010-15914 Filed 7-1-10; 8:45 am]
BILLING CODE 6820-EP-P