[Federal Register: July 1, 2009 (Volume 74, Number 125)]
[Rules and Regulations]
[Page 31564-31565]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy09-16]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 9
[FAC 2005-34; FAR Case 2008-028; Item III; Docket 2009-0021; Sequence
1]
RIN 9000-AL33
Federal Acquisition Regulation; FAR Case 2008-028, Role of
Interagency Committee on Debarment and Suspension
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
[[Page 31565]]
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to implement Section
873(a)(1) and (2) of the National Defense Authorization Act for Fiscal
Year 2009. Section 873(a)(1) and (2) clarifies the role of the
Interagency Committee on Debarment and Suspension when more than one
agency has an interest in the debarment or suspension of a contractor.
DATES: Effective Date: July 31, 2009.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Edward Loeb, Director, at (202) 501-0650. The TTY Federal Relay
Number for further information is 1-800-877-8973. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at (202) 501-4755. Please cite FAC 2005-34, FAR case 2008-
028.
SUPPLEMENTARY INFORMATION:
A. Background
This case amends FAR 9.402 to implement Section 873(a)(1) and (2)
of the Duncan Hunter National Defense Authorization Act of 2009 (Public
Law 110-417), which was enacted on October 14, 2008. Section 873 of the
Act defines the role of the Interagency Committee on Debarment and
Suspension. Among other responsibilities, the Interagency Committee on
Debarment and Suspension is authorized to resolve issues regarding the
agency that will have lead responsibility in initiating a suspension or
debarment proceeding. The Committee will also coordinate actions among
interested agencies with respect to such action.
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 Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comments is not required. However, the Councils will consider comments
from small entities concerning the affected FAR Part 9 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 2005-34, FAR case
2008-028), in all correspondence.
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 Part 9
Government procurement.
Dated: June 25, 2009.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 9 as set forth below:
PART 9--CONTRACTOR QUALIFICATIONS
0
1. The authority citation for 48 CFR part 9 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 9.402 by revising paragraph (c), redesignating
paragraph (d) as paragraph (e), and adding a new paragraph (d) to read
as follows:
9.402 Policy.
* * * * *
(c) Agencies are encouraged to establish methods and procedures for
coordinating their debarment or suspension actions.
(d) When more than one agency has an interest in the debarment or
suspension of a contractor, the Interagency Committee on Debarment and
Suspension, established under Executive Order 12549, and authorized by
Section 873 of the National Defense Authorization Act for Fiscal Year
2009 (Pub. L. 110-417), shall resolve the lead agency issue and
coordinate such resolution among all interested agencies prior to the
initiation of any suspension, debarment, or related administrative
action by any agency.
* * * * *
[FR Doc. E9-15431 Filed 6-30-09; 8:45 am]
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