Federal Acquisition Regulation; Sudan Waiver Process, 68037-68039 [2011-27788]
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Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
business program. This notice, and its
restrictions, will apply only to the specific
orders that have been set aside for any of the
small business concerns identified in
19.000(a)(3).
(End of clause)
20. Amend section 52.219–14 by—
a. Revising the date of the clause;
b. Redesignating paragraph (b) as
paragraph (c; and
■ c. Adding a new paragraph (b) to read
as follows:
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52.219–14
Limitations on Subcontracting.
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Limitations on Subcontracting (Nov
2011)
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21. Amend section 52.219–27 by—
a. Revising the section heading, the
clause heading, and the date of the
clause;
■ b. Redesignating paragraphs (b)
through (e) as paragraphs (c) through (f),
respectively; and
■ c. Adding a new paragraph (b).
The revised and added text reads as
follows:
■
■
52.219–27 Notice of Service-Disabled
Veteran-Owned Small Business Set-Aside.
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Notice of Service-Disabled VeteranOwned Small Business Set-Aside (Nov
2011)
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(b) Applicability. This clause applies only
to—
(1) Contracts that have been set aside or
reserved for service-disabled veteran-owned
small business concerns;
(2) Part or parts of a multiple-award
contract that have been set aside for servicedisabled veteran-owned small business
concerns; and
(3) Orders set aside for service-disabled
veteran-owned small business concerns
under multiple-award contracts as described
in 8.405–5 and 16.505(b)(2)(i)(F).
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22. Amend section 52.219–29 by—
a. Revising the section heading, the
clause heading, and the date of the
clause;
■ b. Redesignating paragraphs (b)
through (e) as paragraphs (c) through (f),
respectively;
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■
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18:15 Nov 01, 2011
Jkt 226001
DEPARTMENT OF DEFENSE
52.219–29 Notice of Set-Aside for
Economically Disadvantaged WomenOwned Small Business Concerns.
48 CFR Part 25
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■
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Notice of Set-Aside for Economically
Disadvantaged Women-Owned Small
Business Concerns (Nov 2011)
*
(b) Applicability. This clause applies only
to—
(1) Contracts that have been set aside or
reserved for small business concerns or 8(a)
concerns;
(2) Part or parts of a multiple-award
contract that have been set aside for small
business concerns or 8(a) concerns; and
(3) Orders set aside for small business or
8(a) concerns under multiple-award contracts
as described in 8.405–5 and
16.505(b)(2)(i)(F).
*
c. Adding a new paragraph (b); and
d. Removing from the newly
redesignated paragraph (e)(4)
‘‘paragraph (c) above’’ and adding
‘‘paragraph (d) above’’ in its place.
The revised and added text reads as
follows:
68037
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(b) Applicability. This clause applies only
to—
(1) Contracts that have been set aside or
reserved for EDWOSB concerns;
(2) Part or parts of a multiple-award
contract that have been set aside for
EDWOSB concerns; and
(3) Orders set aside for EDWOSB concerns
under multiple-award contracts as described
in 8.405–5 and 16.505(b)(2)(i)(F).
*
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23. Amend section 52.219–30 by—
■ a. Revising the section heading, the
clause heading, and the date of the
clause;
■ b. Redesignating paragraphs (b)
through (e) as paragraphs (c) through (f),
respectively;
■ c. Adding a new paragraph (b); and
■ d. Removing from the newly
redesignated paragraph (e)(4)
‘‘paragraph (c) above’’ and adding
‘‘paragraph (d) above’’ in its place.
The revised and added text reads as
follows:
■
52.219–30 Notice of Set-Aside for WomenOwned Small Business Concerns Eligible
Under the Women-Owned Small Business
Program.
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Notice of Set-Aside for Women-Owned
Small Business Concerns Eligible Under
the Women-Owned Small Business
Program (Nov 2011)
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*
(b) Applicability. This clause applies only
to—
(1) Contracts that have been set aside or
reserved for WOSB concerns eligible under
the WOSB Program;
(2) Part or parts of a multiple-award
contract that have been set aside for WOSB
concerns eligible under the WOSB Program;
and
(3) Orders set aside for WOSB concerns
eligible under the WOSB Program, under
multiple-award contracts as described in
8.405–5 and 16.505(b)(2)(i)(F).
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[FR Doc. 2011–27786 Filed 11–1–11; 8:45 am]
BILLING CODE 6820–EP–P
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GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[FAC 2005–54; FAR Case 2009–041; Item
VII; Docket 2010–0105, Sequence 1]
RIN 9000–AL65
Federal Acquisition Regulation; Sudan
Waiver Process
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
revise the prohibition on contracting
with entities that conduct restricted
business operations in Sudan. This rule
adds specific criteria including foreign
policy aspects that an agency must
address when applying to the President
or his appointed designee for a waiver
of the prohibition on awarding a
contract to a contractor that conducts
restricted business operations in Sudan.
The rule also describes the consultation
process that will be used by the Office
of Federal Procurement Policy (OFPP)
in support of the waiver request review.
DATES: Effective Date: December 2, 2011.
FOR FURTHER INFORMATION CONTACT:
Cecelia L. Davis, Procurement Analyst,
at (202) 219–0202, for clarification of
content. For information pertaining to
status or publication schedules, contact
the FAR Secretariat at (202) 501–4755.
Please cite FAC 2005–54, FAR Case
2009–041.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
75 FR 62069 on October 7, 2010, to
revise FAR 25.702, Prohibition on
contracting with entities that conduct
restricted business operations in Sudan,
to add specific criteria including foreign
policy aspects that an agency must
address when applying to the President
or his appointed designee for a waiver
of the prohibition on awarding a
contract to a contractor that conducts
restricted business operations in Sudan.
The rule also describes the consultation
process that will be used by OFPP in
support of the waiver review. No
comments were received by the close of
E:\FR\FM\02NOR4.SGM
02NOR4
mstockstill on DSK4VPTVN1PROD with RULES4
68038
Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
the public comment period on
December 6, 2010.
DoD, GSA, and NASA published a
final rule, FAR Case 2008–004,
Prohibition on Restricted Business
Operations in Sudan and Imports from
Burma, in the Federal Register at 74 FR
40463 on August 11, 2009, amending
the FAR to implement section 6 of the
Sudan Accountability and Divestment
Act of 2007 (the Act), Public Law 110–
174.
Section 6(a) of the Act requires that
each contract entered into by an
Executive agency include a certification
that the contractor does not conduct
certain business operations in Sudan as
described in section 3(d) of the Act.
Pursuant to section 6(c), the President
may waive this certification requirement
on a case-by-case basis if the President
determines and certifies to the
appropriate congressional committees
that it is in the national interest to do
so.
Section 6 of the Act was implemented
in the FAR but did not include a waiver
consultation process and specific
criteria for the waiver request. With the
addition of these changes, the FAR will
provide consistent guidance on specific
criteria that must be included in the
waiver request for consideration, and
establish a consultation process to
ensure all waiver requests are reviewed
by the appropriate agency experts.
OFPP will be required to consult with
the President’s National Security
Council, Office of African Affairs and
the Department of State Sudan Office
and Sanctions Office on foreign policy
matters relevant to the waiver request
and include this information in the
recommendation to the President. All
waiver requests must clearly explain
why the product or service must be
procured from the offeror for which the
waiver is requested and why it is in the
national interest to waive the statutory
prohibition against contracting with an
offeror that conducts restricted business
operations in Sudan. In addition, the
waiver request must address any
humanitarian efforts engaged in by the
offeror, the human rights impact of
doing business with that offeror, and the
extent of the offeror’s business
operations in Sudan. All of the
information required to be included in
the waiver request will be considered in
determining whether to recommend that
the President waive the prohibition.
Additionally, individual and class
waiver requests will be considered for a
specific contract or class of contracts, as
long as the waiver request has been
reviewed and cleared by the agency
head prior to submitting it to OFPP and
the request includes the appropriate
VerDate Mar<15>2010
18:15 Nov 01, 2011
Jkt 226001
waiver information specified at FAR
25.702–4(c)(3). However, a waiver will
not be issued for an indefinite period of
time, and may be cancelled, if
warranted.
In accordance with section 6 of the
Act, the Administrator of OFPP is
required to submit semiannual reports,
on April 15th and October 15th, to
Congress, on waivers approved by the
President.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
III. Regulatory Flexibility Act
The Department of Defense, the
General Services Administration, and
the National Aeronautics and Space
Administration certify that this final
rule will not have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because the
rule does not impose any additional
requirements on small businesses.
IV. Paperwork Reduction Act
The final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 25
Government procurement.
Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 25 as set forth
below:
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Fmt 4701
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PART 25—FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 25 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 25.702–4 by
revising paragraph (b); and adding
paragraphs (c) and (d) to read as follows:
■
25.702–4
Waiver.
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*
(b) An agency seeking waiver of the
requirement shall submit the request to
the Administrator of the Office of
Federal Procurement Policy (OFPP),
allowing sufficient time for review and
approval. Upon receipt of the waiver
request, OFPP shall consult with the
President’s National Security Council,
Office of African Affairs, and the
Department of State Sudan Office and
Sanctions Office to assess foreign policy
aspects of making a national interest
recommendation.
(c) Agencies may request a waiver on
an individual or class basis; however,
waivers are not indefinite and can be
cancelled if warranted.
(1) A class waiver may be requested
only when the class of supplies is not
available from any other source and it
is in the national interest.
(2) Prior to submitting the waiver
request, the request must be reviewed
and cleared by the agency head.
(3) All waiver requests must include
the following information:
(i) Agency name, complete mailing
address, and point of contact name,
telephone number, and email address;
(ii) Offeror’s name, complete mailing
address, and point of contact name,
telephone number, and email address;
(iii) Description/nature of product or
service;
(iv) The total cost and length of the
contract;
(v) Justification, with market research
demonstrating that no other offeror can
provide the product or service and
stating why the product or service must
be procured from this offeror, as well as
why it is in the national interest for the
President to waive the prohibition on
contracting with this offeror that
conducts restricted business operations
in Sudan, including consideration of
foreign policy aspects identified in
consultation(s) pursuant to 25.702–4(b);
(vi) Documentation regarding the
offeror’s past performance and integrity
(see the Past Performance Information
Retrieval System including the Federal
Awardee Performance Information and
Integrity System at https://www.ppirs.gov
and any other relevant information);
(vii) Information regarding the
offeror’s relationship or connection with
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Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
other firms that conduct prohibited
business operations in Sudan; and
(viii) Any humanitarian efforts
engaged in by the offeror, the human
rights impact of doing business with the
offeror for which the waiver is
requested, and the extent of the offeror’s
business operations in Sudan.
(d) The consultation in 25.702–4(b)
and the information in 25.702–4(c)(3)
will be considered in determining
whether to recommend that the
President waive the requirement of
subsection 25.702–2. In accordance with
section 6(c) of the Sudan Accountability
and Divestment Act of 2007, OFPP will
semiannually submit a report to
Congress, on April 15th and October
15th, on the waivers granted.
[FR Doc. 2011–27788 Filed 11–1–11; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005–54; FAR Case 2011–014; Item
VIII; Docket 2011–0014, Sequence 1]
RIN 9000–AM11
Federal Acquisition Regulation;
Successor Entities to the Netherlands
Antilles
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
revise the definitions of ‘‘Caribbean
Basin country’’ and ‘‘designated
country’’ due to the change in status of
the islands that comprised the
Netherlands Antilles.
DATES: Effective Date: November 2,
2011.
SUMMARY:
Ms.
Cecelia L. Davis, Procurement Analyst,
at (202) 219–0202, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite FAC 2005–54, FAR
Case 2011–014.
SUPPLEMENTARY INFORMATION:
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FOR FURTHER INFORMATION CONTACT:
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18:15 Nov 01, 2011
Jkt 226001
I. Background
The Netherlands Antilles was
designated as a beneficiary country
under the Caribbean Basin Initiative
(see 19 U.S.C. 2702). According to the
initiative, successor political entities
remain eligible as beneficiary countries.
On October 10, 2010, Curacao and Sint
Maarten became autonomous territories
of the Kingdom of the Netherlands.
Bonaire, Saba, and Sint Eustatius now
fall under the direct administration of
the Netherlands. Additional information
about this change is available at https://
www.state.gov/r/pa/ei/bgn/22528.htm.
With this change, the definitions have
been revised to replace ‘‘Netherlands
Antilles’’ with the five separate
successor entities—Bonaire, Curacao,
Saba, Sint Eustatius, and Sint Maarten.
This final rule amends definitions of
‘‘Caribbean Basin country’’ and
‘‘designated country’’ at FAR 25.003,
and FAR clauses 52.225–5, Trade
Agreements; 52.225–11, Buy American
Act—Construction Materials under
Trade Agreements; and 52.225–23,
Required Use of American Iron, Steel,
and Manufactured Goods—Buy
American Act—Construction Materials
Under Trade Agreements.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision within the meaning of
FAR 1.501–1 and 41 U.S.C. 1707 and
does not require publication for public
comment.
IV. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) does apply; however,
these changes to the FAR do not impose
additional information collection
PO 00000
requirements to the paperwork burden
previously approved under OMB
Control Number 9000–0141 titled: Buy
American Act—Construction.
List of Subjects in 48 CFR Parts 25 and
52
Government procurement.
Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 25 and 52 as set
forth below:
1. The authority citation for 48 CFR
parts 25 and 52 continues to read as
follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 25—FOREIGN ACQUISITION
2. Amend section 25.003 by revising
the definition ‘‘Caribbean Basin
country’’ and paragraph (4) in the
definition ‘‘Designated country’’ to read
as follows:
■
25.003
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Definitions.
*
*
*
*
*
Caribbean Basin country means any of
the following countries: Antigua and
Barbuda, Aruba, Bahamas, Barbados,
Belize, Bonaire, British Virgin Islands,
Curacao, Dominica, Grenada, Guyana,
Haiti, Jamaica, Montserrat, Saba, St.
Kitts and Nevis, St. Lucia, St. Vincent
and the Grenadines, Sint Eustatius, Sint
Maarten, or Trinidad and Tobago.
*
*
*
*
*
Designated country * * *
(4) A Caribbean Basin country
(Antigua and Barbuda, Aruba, Bahamas,
Barbados, Belize, Bonaire, British Virgin
Islands, Curacao, Dominica, Grenada,
Guyana, Haiti, Jamaica, Montserrat,
Saba, St. Kitts and Nevis, St. Lucia, St.
Vincent and the Grenadines, Sint
Eustatius, Sint Maarten, or Trinidad and
Tobago).
*
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*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
3. Amend section 52.212–5 by
revising the date of the clause and
paragraph (b)(39) to read as follows:
■
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
*
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68039
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]]>Agencies
[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 68037-68039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27788]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 25
[FAC 2005-54; FAR Case 2009-041; Item VII; Docket 2010-0105, Sequence
1]
RIN 9000-AL65
Federal Acquisition Regulation; Sudan Waiver Process
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to revise the prohibition on
contracting with entities that conduct restricted business operations
in Sudan. This rule adds specific criteria including foreign policy
aspects that an agency must address when applying to the President or
his appointed designee for a waiver of the prohibition on awarding a
contract to a contractor that conducts restricted business operations
in Sudan. The rule also describes the consultation process that will be
used by the Office of Federal Procurement Policy (OFPP) in support of
the waiver request review.
DATES: Effective Date: December 2, 2011.
FOR FURTHER INFORMATION CONTACT: Cecelia L. Davis, Procurement Analyst,
at (202) 219-0202, for clarification of content. For information
pertaining to status or publication schedules, contact the FAR
Secretariat at (202) 501-4755. Please cite FAC 2005-54, FAR Case 2009-
041.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 75 FR 62069 on October 7, 2010, to revise FAR 25.702,
Prohibition on contracting with entities that conduct restricted
business operations in Sudan, to add specific criteria including
foreign policy aspects that an agency must address when applying to the
President or his appointed designee for a waiver of the prohibition on
awarding a contract to a contractor that conducts restricted business
operations in Sudan. The rule also describes the consultation process
that will be used by OFPP in support of the waiver review. No comments
were received by the close of
[[Page 68038]]
the public comment period on December 6, 2010.
DoD, GSA, and NASA published a final rule, FAR Case 2008-004,
Prohibition on Restricted Business Operations in Sudan and Imports from
Burma, in the Federal Register at 74 FR 40463 on August 11, 2009,
amending the FAR to implement section 6 of the Sudan Accountability and
Divestment Act of 2007 (the Act), Public Law 110-174.
Section 6(a) of the Act requires that each contract entered into by
an Executive agency include a certification that the contractor does
not conduct certain business operations in Sudan as described in
section 3(d) of the Act. Pursuant to section 6(c), the President may
waive this certification requirement on a case-by-case basis if the
President determines and certifies to the appropriate congressional
committees that it is in the national interest to do so.
Section 6 of the Act was implemented in the FAR but did not include
a waiver consultation process and specific criteria for the waiver
request. With the addition of these changes, the FAR will provide
consistent guidance on specific criteria that must be included in the
waiver request for consideration, and establish a consultation process
to ensure all waiver requests are reviewed by the appropriate agency
experts.
OFPP will be required to consult with the President's National
Security Council, Office of African Affairs and the Department of State
Sudan Office and Sanctions Office on foreign policy matters relevant to
the waiver request and include this information in the recommendation
to the President. All waiver requests must clearly explain why the
product or service must be procured from the offeror for which the
waiver is requested and why it is in the national interest to waive the
statutory prohibition against contracting with an offeror that conducts
restricted business operations in Sudan. In addition, the waiver
request must address any humanitarian efforts engaged in by the
offeror, the human rights impact of doing business with that offeror,
and the extent of the offeror's business operations in Sudan. All of
the information required to be included in the waiver request will be
considered in determining whether to recommend that the President waive
the prohibition.
Additionally, individual and class waiver requests will be
considered for a specific contract or class of contracts, as long as
the waiver request has been reviewed and cleared by the agency head
prior to submitting it to OFPP and the request includes the appropriate
waiver information specified at FAR 25.702-4(c)(3). However, a waiver
will not be issued for an indefinite period of time, and may be
cancelled, if warranted.
In accordance with section 6 of the Act, the Administrator of OFPP
is required to submit semiannual reports, on April 15th and October
15th, to Congress, on waivers approved by the President.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under section 6(b) of E.O. 12866, Regulatory Planning and Review
dated September 30, 1993. This rule is not a major rule under 5 U.S.C.
804.
III. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because the rule does not
impose any additional requirements on small businesses.
IV. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 25
Government procurement.
Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR part 25 as set forth
below:
PART 25--FOREIGN ACQUISITION
0
1. The authority citation for 48 CFR part 25 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
0
2. Amend section 25.702-4 by revising paragraph (b); and adding
paragraphs (c) and (d) to read as follows:
25.702-4 Waiver.
* * * * *
(b) An agency seeking waiver of the requirement shall submit the
request to the Administrator of the Office of Federal Procurement
Policy (OFPP), allowing sufficient time for review and approval. Upon
receipt of the waiver request, OFPP shall consult with the President's
National Security Council, Office of African Affairs, and the
Department of State Sudan Office and Sanctions Office to assess foreign
policy aspects of making a national interest recommendation.
(c) Agencies may request a waiver on an individual or class basis;
however, waivers are not indefinite and can be cancelled if warranted.
(1) A class waiver may be requested only when the class of supplies
is not available from any other source and it is in the national
interest.
(2) Prior to submitting the waiver request, the request must be
reviewed and cleared by the agency head.
(3) All waiver requests must include the following information:
(i) Agency name, complete mailing address, and point of contact
name, telephone number, and email address;
(ii) Offeror's name, complete mailing address, and point of contact
name, telephone number, and email address;
(iii) Description/nature of product or service;
(iv) The total cost and length of the contract;
(v) Justification, with market research demonstrating that no other
offeror can provide the product or service and stating why the product
or service must be procured from this offeror, as well as why it is in
the national interest for the President to waive the prohibition on
contracting with this offeror that conducts restricted business
operations in Sudan, including consideration of foreign policy aspects
identified in consultation(s) pursuant to 25.702-4(b);
(vi) Documentation regarding the offeror's past performance and
integrity (see the Past Performance Information Retrieval System
including the Federal Awardee Performance Information and Integrity
System at https://www.ppirs.gov and any other relevant information);
(vii) Information regarding the offeror's relationship or
connection with
[[Page 68039]]
other firms that conduct prohibited business operations in Sudan; and
(viii) Any humanitarian efforts engaged in by the offeror, the
human rights impact of doing business with the offeror for which the
waiver is requested, and the extent of the offeror's business
operations in Sudan.
(d) The consultation in 25.702-4(b) and the information in 25.702-
4(c)(3) will be considered in determining whether to recommend that the
President waive the requirement of subsection 25.702-2. In accordance
with section 6(c) of the Sudan Accountability and Divestment Act of
2007, OFPP will semiannually submit a report to Congress, on April 15th
and October 15th, on the waivers granted.
[FR Doc. 2011-27788 Filed 11-1-11; 8:45 am]
BILLING CODE 6820-EP-P
