Federal Acquisition Regulation; FAR Case 2008-035, Registry of Disaster Response Contractors, 38683-38684 [2010-15914]
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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
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16:38 Jul 01, 2010
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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
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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
https://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 https://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 https://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 https://
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: https://
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 https://
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 https://
FederalReporting.gov. It also requires
prime contractors to submit their first
quarterly report into https://
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]
-----------------------------------------------------------------------
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 https://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 https://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 https://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
