[Federal Register: October 14, 2009 (Volume 74, Number 197)]
[Rules and Regulations]
[Page 52847-52849]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc09-11]
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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 2005-37; FAR Case 2008-035; Item I; 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: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are issuing an interim rule
amending the Federal Acquisition Regulation (FAR) to implement Section
697, Registry of Disaster Response Contractors (Pub. L. 109-295), the
Department of Homeland Security (DHS) Appropriations Act, 2007 (6
U.S.C. 796). The Act requires that the Administrator of the Federal
Emergency Management Agency (FEMA), a component of DHS, establish and
maintain a registry of contractors, which are willing to perform debris
removal, distribution of supplies, reconstruction, and other disaster
or emergency relief activities. In addition, the Act requires
contracting officers to consult the Registry during market research and
acquisition planning.
DATES: Effective Date: October 14, 2009.
Comment Date: Interested parties should submit written comments to
the
[[Page 52848]]
Regulatory Secretariat on or before December 14, 2009 to be considered
in the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-37, FAR case 2008-
035, by any of the following methods:
Regulations.gov: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2008-035'' into the field ``Keyword''. Select the link that corresponds
with FAR Case 2008-035. Follow the instructions provided to submit your
comment. Please include your name, company name (if any), and ``FAR
Case 2008-035'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-37, FAR
case 2008-035, 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: For clarification of content, contact
Mr. Edward Loeb, Director, Contract Policy Division at (202) 501-0650.
For more information pertaining to status or publication schedules,
contact the FAR Secretariat at (202) 501-4755. Please cite FAR Case
2008-035.
SUPPLEMENTARY INFORMATION:
A. Background
The Disaster Response Registry includes business information
consistent with the data that is currently required in the Central
Contractor Registration (CCR) with two additional categories added to
reflect the area served by the business, and the bonding level of the
business concern. The CCR has been updated to include these changes. In
addition, the FEMA website has been updated with a link to the Registry
search feature at the CCR website. Contracting officers will be
required to consult this Registry during market research and
acquisition planning. The Registry covers domestic projects. Foreign
contractors may register.
The proposed FAR revisions include the following:
(1) Addition of language in FAR 2.101 to provide a definition of
the term ``Disaster Response Registry''.
(2) Redesignating FAR section 4.1104 (Solicitation provision and
contract clauses) as section 4.1105, and adding a new FAR section
4.1104 that requires contracting officers to consult the Registry at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov.
(3) Adding a paragraph (v) to FAR section 7.103 that requires
agency heads or designees to prescribe procedures which ensure that
contracting officers consult the Registry as a part of acquisition
planning for debris removal, distribution of supplies, reconstruction,
and other disaster or emergency relief activities inside the United
States and outlying areas (defined in FAR part 2).
(4) Including a reference to 6 U.S.C. 796 in FAR 10.000; making a
technical correction of an editorial nature to FAR 10.001(a)(2)(v); and
adding language to require agencies, in the conduct of their market
research, to identify prospective contractors registered in the
Registry when researching sources for debris removal, distribution of
supplies, reconstruction, and other disaster or emergency relief
supplies and services.
(5) Adding the requirement in FAR 18.102 for contracting officers
to consult the Registry for the availability of contractors for debris
removal, distribution of supplies, reconstruction, and other disaster
or emergency relief activities inside the United States and outlying
areas.
(6) Redesignating FAR 26.205 as 26.206 and adding a new FAR 26.205,
which states that contracting officers shall consult the Registry. This
section informs contracting officers how to locate vendors on the
Registry.
(7) Making conforming amendments in FAR 13.201 and to the prefatory
text in FAR 52.204-7 and in FAR 52.226-3 through 52.226-5.
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 is not a
major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this interim rule 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 does not impose any additional requirements on small
businesses; registration in the Registry is voluntary. Two additional
categories for the Registry content were added to the CCR to allow
businesses to identify the area served by the business and the bonding
level of the business concern.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. The Councils will consider comments from small entities
concerning the affected FAR parts 2, 4, 7, 10, 13, 18, 26, and 52 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 2005-37,
FAR Case 2008-035), in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the interim rule
does not contain any information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
Chapter 35, et seq.
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 Department of Homeland Security Appropriations
Act, 2007 (6 U.S.C. 796), became effective upon enactment. The
enactment date is October 4, 2006. However, pursuant to Pub. L. 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 Parts 2, 4, 7, 10, 13, 18, 26, and 52
Government procurement.
Dated: October 5, 2009.
Al Matera,
Director, Acquisition Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 7, 10, 13, 18,
26, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 4, 7, 10, 13, 18, 26, 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 2--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 2.101 in paragraph (b)(2) by adding, in alphabetical
order, the definition ``Disaster Response Registry'' to read as
follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Disaster Response Registry means a voluntary registry of
contractors who are willing to perform debris removal, distribution of
supplies, reconstruction,
[[Page 52849]]
and other disaster or emergency relief activities established in
accordance with 6 U.S.C. 796, Registry of Disaster Response
Contractors. The Registry contains information on contractors who are
willing to perform disaster or emergency relief activities within the
United States and its outlying areas. The Registry is located at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov and alternately through the FEMA website at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fema.gov/business/index.shtm. (See 26.205).
* * * * *
PART 4--ADMINISTRATIVE MATTERS
4.1104 [Redesignated as 4.1105]
0
3. Redesignate section ``4.1104'' as section ``4.1105'', and add a new
section ``4.1104'' to read as follows:
4.1104 Disaster Response Registry.
Contracting officers shall consult the Disaster Response Registry
at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov when contracting for debris removal, distribution of
supplies, reconstruction, and other disaster or emergency relief
activities inside the United States and outlying areas. (See 26.205).
PART 7--ACQUISITION PLANNING
0
4. Amend section 7.103 by adding paragraph (v) to read as follows:
7.103 Agency-head responsibilities.
* * * * *
(v) Ensuring that contracting officers consult the Disaster
Response Registry at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov as a part of acquisition planning for
debris removal, distribution of supplies, reconstruction, and other
disaster or emergency relief activities inside the United States and
outlying areas. (See 26.205).
PART 10--MARKET RESEARCH
0
5. Amend section 10.000 by revising the second sentence to read as
follows:
10.000 Scope of part.
* * * This part implements the requirements of 41 U.S.C.
253a(a)(1), 41 U.S.C. 264b, 10 U.S.C. 2377, and 6 U.S.C. 796.
0
6. Amend section 10.001 by revising paragraph (a)(2)(v) to read as
follows:
10.001 Policy.
(a) * * *
(2) * * *
(v) On an ongoing basis, and to the maximum extent practicable,
take advantage of commercially available market research methods in
order to identify effectively the capabilities, of small businesses and
new entrants into Federal contracting, that are available in the
marketplace for meeting the requirements of the agency in furtherance
of--
(A) A contingency operation or defense against or recovery from
nuclear, biological, chemical, or radiological attack; and
(B) Disaster relief to include debris removal, distribution of
supplies, reconstruction, and other disaster or emergency relief
activities. (See 26.205).
* * * * *
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.201 [Amended]
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7. Amend section 13.201 by removing from paragraph (d) ``4.1104'' and
adding ``4.1105'' in its place.
PART 18--EMERGENCY ACQUISITIONS
0
8. Revise section 18.102 to read as follows:
18.102 Central contractor registration.
Contractors are not required to be registered in the Central
Contractor Registration (CCR) for contracts awarded to support unusual
and compelling needs or emergency acquisitions. (See 4.1102). However,
contractors are required to register with CCR in order to gain access
to the Disaster Response Registry. Contracting officers shall consult
the Disaster Response Registry at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov to determine the
availability of contractors for debris removal, distribution of
supplies, reconstruction, and other disaster or emergency relief
activities inside the United States and outlying areas. (See 26.205).
PART 26--OTHER SOCIOECONOMIC PROGRAMS
26.205 [Redesignated as 26.206]
0
9. Redesignate section ``26.205'' as section ``26.206'' and add a new
section ``26.205'' to read as follows:
26.205 Disaster Response Registry.
(a) Contracting officers shall consult the Disaster Response
Registry at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov to determine the availability of contractors
for debris removal, distribution of supplies, reconstruction, and other
disaster or emergency relief activities inside the United States and
outlying areas.
(b) A list of prospective vendors voluntarily participating in the
Disaster Response Registry can be retrieved using the CCR Search tool
on the CCR webpage. These vendors may be identified by selecting the
criteria for ``Disaster Response Contractors''. Contractors are
required to register with CCR in order to gain access to the Disaster
Response Registry.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.204-7 [Amended]
0
10. Amend section 52.204-7 by removing from the introductory paragraph
``4.1104'' and adding ``4.1105'' in its place.
52.226-3 [Amended]
0
11. Amend section 52.226-3 by removing from the introductory paragraph
``26.205(a)'' and adding ``26.206(a)'' in its place.
52.226-4 [Amended]
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12. Amend section 52.226-4 by removing from the introductory paragraph
``26.205(b)'' and adding ``26.206(b)'' in its place.
52.226-5 [Amended]
0
13. Amend section 52.226-5 by removing from the introductory paragraph
``26.205(c)'' and adding ``26.206(c)'' in its place.
[FR Doc. E9-24554 Filed 10-13-09; 8:45 am]
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