[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Rules and Regulations]
[Page 46359-46360]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-27]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 23
[FAC 2005-19; FAR Case 2006-025; Item IX; Docket 2007-0001, Sequence 3]
RIN 9000-AK76
Federal Acquisition Regulation; FAR Case 2006-025, Online
Representations and Certifications Application Review
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
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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
prescription for use of clauses for the use of EPA-designated products
and toxic chemical release reporting.
DATES: Effective Date: August 17, 2007.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before October 16, 2007 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-19, FAR case 2006-
025, by any of the following methods:
Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Search for any document by first selecting the proper document types
and selecting ``Federal Acquisition Regulation'' as the agency of
choice. At the ``Keyword'' prompt, type in the FAR case number (for
example, FAR Case 2006-025) and click on the ``Submit'' button. Please
include your name and company name (if any) inside the document.
You may also search for any document by clicking on the ``Advanced
search/document search'' tab at the top of the screen, selecting from
the agency field ``Federal Acquisition Regulation'', and typing the FAR
case number in the keyword field. Select the ``Submit'' button.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-19, FAR
case 2006-025, in all correspondence related to this case. All comments
received will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775 for clarification of content. Please cite
FAC 2005-19, FAR case 2006-025. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
FAR Subpart 4.12, Annual Representations and Certifications,
prescribes policies and procedures for prospective offerors to submit
annual representations via the Online Representations and
Certifications Application (ORCA). ORCA, located at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://orca.bpn.gov
, eliminates the administrative burden of submitting the
same information to various contracting offices and establishes a
common source for the Government to obtain the information. FAR 4.1201
requires prospective contractors to complete annual representations and
certifications in ORCA (and update them as necessary, but at least
annually) in conjunction with their required registration in the
Central Contractor Registration (CCR) database.
FAR 4.1104 requires (with few exceptions as listed at FAR 4.1102)
the use of FAR clause 52.204-7, Central Contractor Registration, which
requires the contractor to register in CCR. FAR 4.1202 lists twenty-six
representations and certifications that are included in ORCA and are
therefore not to be included in solicitations that include the clause
at 52.204-7, Central Contractor Registration.
Of the twenty-six representations and certifications, the
prescriptions for use of two associated clauses, (1) 52.223-9, Estimate
of Percentage of Recovered Material Content for EPA-Designated
Products, and (2) 52.223-14, Toxic Chemical Release Reporting, were
determined to be problematic. The prescriptions for use of the clauses
were dependent upon the associated provisions at 52.223-4, Recovered
Material Certification, and 52.223-13, Certification of Toxic Chemical
Release Reporting, being included in the solicitation. In instances
where CCR is required, the annual certification in ORCA applies, and
therefore neither provision will be included in the solicitation.
Therefore, when applicable to the resultant contract, the Government
may fail to include the associated clause because the provision was not
included in the solicitation. Failure to include the clause may
preclude receipt of information or certification required by statute.
This interim rule amends FAR 23.406 and 23.906, both titled
Solicitation provision and contract clause, to revise the prescriptions
for the use of 52.223-9 and 52.223-14 to provide for use under the same
circumstances as the prescription for use of their associated
provisions. These revisions ensure compliance with the statutory
requirements of 40 CFR part 247 and 42 U.S.C. 11023.
This is not a significant regulatory action and, therefore, was not
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 interim rule is not expected to 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
revises language that the Office of Management and Budget has already
approved for obtaining representations and certifications under OMB
Control Numbers 9000-0134 and 9000-0139 for compliance with Section
6002 of the Resource Conservation and Recovery Act and the requirements
of Executive Order 12969, Emergency Planning and Community Right-to-
Know Act of 1986. Therefore, an Initial Regulatory Flexibility Analysis
has not been performed. The Councils will consider comments from small
entities
[[Page 46360]]
concerning the affected FAR Part 23 in accordance with 5 U.S.C. 610.
Interested parties must submit such comments separately and should cite
5 U.S.C 601, et seq. (FAC 2005-19, FAR case 2006-025), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes to
the FAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Numbers
9000-0134 and 9000-0139.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the rule amends the FAR to address necessary
changes to the prescriptions for the use of FAR clauses, allowing the
proper receipt of certification information and ensuring compliance
with the statutory requirements of 40 CFR part 247 and 42 U.S.C. 11023.
However, pursuant to Public Law 98-577 and FAR 1.501, the Councils will
consider public comments received in response to this interim rule in
the formation of the final rule.
List of Subjects in 48 CFR Part 23
Government procurement.
Dated: July 30, 2007.
Al Matera,
Acting Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 23 as set forth below:
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
0
1. The authority citation for 48 CFR part 23 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 23.406 by revising the first sentence of paragraph (b)
to read as follows:
23.406 Solicitation provision and contract clause.
* * * * *
(b) Insert the clause at 52.223-9, Estimate of Percentage of
Recovered Material Content for EPA-Designated Products, in
solicitations and contracts exceeding $100,000 that are for, or specify
the use of, EPA-designated products containing recovered materials. * *
*
0
3. Amend section 23.906 by revising paragraph (b) to read as follows:
23.906 Solicitation provision and contract clause.
* * * * *
(b) Insert the clause at 52.223-14, Toxic Chemical Release
Reporting, in competitively awarded contracts exceeding $100,000 and
competitively awarded 8(a) contracts, except when the determination at
23.905(b) has been made.
[FR Doc. 07-3800 Filed 8-16-07; 8:45 am]
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