FAR Case 2008-027-Proposed Rule

Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules
Clean Air Act (CAA) for the Baton
Rouge ozone nonattainment area. EPA is
proposing to approve the SIP revision
because it satisfies the emissions
inventory requirements for 8-hour ozone
nonattainment areas. EPA is proposing
to approve the revision pursuant to
section 110 of the CAA.
Written comments should be
received on or before October 5, 2009.

DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 9, 12, and 52

DATES:

Comments may be mailed to
Mr. Guy Donaldson, Chief, Air Planning
Section (6PD–L), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Comments may also be submitted
electronically or through hand deliver/
courier by following the detailed
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this Federal Register.

[FAR Case 2008–027; Docket 2009–0030,
Sequence 1]

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Emad Shahin, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–6717; fax number
214–665–7263; e-mail address
shahin.emad@epa.gov.
In the
final rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct rule without
prior proposal because the Agency
views this as non-controversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
For additional information see the
direct final rule, located in the rules
section of this Federal Register.

sroberts on DSKD5P82C1PROD with PROPOSALS

SUPPLEMENTARY INFORMATION:

Dated: August 21, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9–21187 Filed 9–2–09; 8:45 am]
BILLING CODE 6560–50–P

VerDate Nov<24>2008

18:07 Sep 02, 2009

Jkt 217001

RIN 9000–AL38

Federal Acquisition Regulation; FAR
Case 2008–027, Federal Awardee
Performance and Integrity Information
System
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
implement Section 872 of the Duncan
Hunter National Defense Authorization
Act for Fiscal Year 2009. Section 872
requires the General Services
Administration to establish and
maintain a data system containing
specific information on the integrity and
performance of covered Federal agency
contractors and grantees. Section 872
also requires awarding officials to
review the data system and consider
other past performance information
when making any past performance
evaluation or responsibility
determination.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before October 5, 2009
to be considered in the formulation of
a final rule.
ADDRESSES: Submit comments
identified by FAR case 2008–027 by any
of the following methods:
• Regulations.gov: http://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting ‘‘FAR
Case 2008–027’’ under the heading
‘‘Comment or Submission’’. Select the
link ‘‘Send a Comment or Submission’’
that corresponds with FAR Case 2008–
027. Follow the instructions provided to
complete the ‘‘Public Comment and
Submission Form’’. Please include your
name, company name (if any), and
‘‘FAR Case 2008–027’’ on your attached
document.
• Fax: 202–501–4067.

PO 00000

Frm 00015

Fmt 4702

Sfmt 4702

45579

• 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 FAR case 2008–027 in all
correspondence related to this case. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, Procurement
Analyst, at (202) 208–6925 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAR case 2008–027.
SUPPLEMENTARY INFORMATION:
A. Background.
The Duncan Hunter National Defense
Authorization Act of 2009 (Public Law
110–417) was enacted on October 14,
2008. Section 872 of the Act, subject to
the authority, direction, and control the
Office of Management and Budget,
requires the General Services
Administration (GSA) to develop and
maintain an information system
containing specific information on the
integrity and performance of covered
Federal agency contractors and grantees.
In addition, the statute requires that
contracting officers shall consider other
past performance information available
with respect to the offeror when making
any responsibility determination. A
responsibility determination, in
accordance with the President’s March
4, 2009, Government Contracting
memorandum pertains to whether an
offeror has historically completed
projects both effectively and cost
efficiently.
The statute stipulates that the
information system shall be available to
‘‘appropriate acquisition officials of
Federal agencies, to such other
government officials as the
Administrator (of the GSA) determines
appropriate, and, upon request, to the
Chairman and Ranking Member of the
committees of Congress having
jurisdiction.’’ (section 872(e)(1)).
The OMB’s Office of Federal
Financial Management will provide
similar, separate guidance to grantees,
given that section 872 was enacted to
provide a source of information on
integrity and past performance of
contractors and grantees.
B. Sources of information.
To the extent feasible, the Councils
identified existing sources of

E:\FR\FM\03SEP1.SGM

03SEP1

45580

Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules

information that would not require the
creation of additional information
submissions. If no existing source was
found, preference was given to
obtaining information from Government
sources rather than contractors.
1. Existing sources within the
Government.
a. The Excluded Parties List System
(EPLS) is an adequate source of
information on entities that are
currently suspended or debarred.
However, in general, suspensions or
debarments last for a maximum of 3
years. Since the law requires
information for the preceding 5 years, it
will be necessary to access the EPLS
archives to obtain information on
entities that were suspended or
debarred within the last 5 years but are
no longer suspended or debarred.
b. Past Performance Information
Retrieval System (PPIRS) and Contractor
Performance Assessment Reporting
System (CPARS). PPIRS contains past
performance reports from all agencies.
Some, but not all, Federal agencies
currently use CPARS to enter
information into PPIRS.
2. New Government sources.
a. Contracting officer. Contracting
officers will provide information on
determinations of non-responsibility
and terminations for default or cause.
b. Suspension/Debarment Official
(SDO). The SDO will provide the
necessary information on administrative
agreements.
3. Contractors.
The proposed rule requires
contractors with contracts and grants
over $10 million total to provide
information relating to criminal, civil,
and administrative proceedings directly.

sroberts on DSKD5P82C1PROD with PROPOSALS

C. The planned Federal Awardee
Performance and Integrity Information
System (FAPIIS).
This system will draw from existing
systems where feasible and will also use
existing systems as a location to store
new information on contractor integrity.
The following business rules were
developed to ensure timely availability
of information and proper use of the
information while also protecting
against improper disclosure to the
public:
1. Only Federal government personnel
can view the information, except that a
contractor can view its own
information.
2. There must be a systems point of
contact for system errors and a point of
contact for each Government
information entry.
3. Data is only accessible for a period
of five years and will then be archived

VerDate Nov<24>2008

18:07 Sep 02, 2009

Jkt 217001

for an additional one-year period to
allow an audit trail.
4. A contractor will have an
opportunity to post comments regarding
information that has been posted by the
Government. The comments will be
retained as long as the associated
information is retained, i.e., for a total
period of six years. Contractor
comments will remain part of the record
unless the contractor revises them.
5. Instructions used in the FAPIIS will
apply to both contracts and grants.
6. The system will be designed with
an automatic notification to the
contractor when new information is
posted to the contractor’s record.
D. Proposed changes to the FAR.
The Councils are proposing to amend
FAR subparts 9.1, Responsible
Prospective Contractors; 9.4, Debarment,
Suspension, and Ineligibility; and Part
52, Solicitation Provisions and Contract
Clauses, as well as making conforming
changes in Part 12, to implement this
rule as follows:
1. Contracting officer determination of
non-responsibility:
a. FAR 9.105–2(a)(3) will require the
contracting officer to enter into the
FAPIIS data on contracts, including
orders, over the simplified acquisition
threshold if the contracting officer
makes a final determination that the
otherwise successful offeror is not a
responsible source due to lack of
satisfactory performance record or
satisfactory record of integrity and
business ethics.
b. FAR 9.104–3(d) will clarify the
relationship of the non-responsibility
determination and the Certificate of
Competency (COC). When making a
non-responsibility determination for a
small business, the contracting officer
must refer the matter to the Small
Business Administration (SBA). If the
SBA does not issue a COC, then the
contracting officer, if the determination
of non-responsibility was based on past
performance or integrity and business
ethics, must enter the determination
into the FAPIIS.
2. Terminations.
Terminations for default or cause
under this proposed rule are not
covered in detail because FAR Case
2008–016, Termination for Default
Reporting, is in process to extend the
Defense Federal Acquisition Regulation
Supplement (DFARS) requirement for
the contracting officer to report contract
terminations for default or cause into a
common data base (CPAR/PPIRS). The
Councils will seek specific comments
on terminations. Both FAR cases will be
worked jointly.
3. Administrative agreements.

PO 00000

Frm 00016

Fmt 4702

Sfmt 4702

In some cases where the SDO
determines that suspending or debarring
a contractor is not in the Government’s
interest, the SDO can negotiate an
administrative agreement with the
contractor. This administrative
agreement sets forth compliance actions
that the contractor must take within a
certain time frame in order to be
determined presently responsible. SDOs
will now have to enter data about
administrative agreements into the
FAPIIS. This requirement is added to
FAR 9.406–3 and 9.407–3.
4. Contractor information regarding
responsibility matters.
The law requires any person ‘‘with
Federal agency contracts and grants
valued in total greater than
$10,000,000’’ to input information
required for inclusion in the
information system. A new provision at
52.209–XX is added which requires an
offeror to identify if it has cumulative
active Federal contracts and grants with
a total value (including any options)
greater than $10 million. This is
prescribed where the contract is
expected to exceed $500,000.
If the offeror has more than $10
million in current contracts and grants,
then the offeror must go to the FAPIIS
website (to be specified) and provide
information on any of the occurrences
required to be reported in the
information system. (Section 872,
paragraph (f)).
5. Contracting officer utilization of
the information system and other past
performance information.
Procedures are provided for
contracting officer access to the
information system and utilization of
the information. The Councils are
committed to avoiding de facto
debarments. The procedures emphasize
that certain past information in the
system may no longer be relevant to a
determination of present responsibility.
It is recommended that a statement to
this effect be posted on the screen when
the contracting officer accesses the
information.
If the contracting officer does obtain
relevant information that has not
already resulted in suspension or
debarment, the contracting officer must
promptly—
• Contact the offeror to request
additional information such as the
offeror deems necessary in order to
demonstrate responsibility;
• Notify, prior to proceeding with
award, in accordance with agency
procedures, the agency official
responsible for initiating debarment or
suspension action, if the information
appears appropriate for that official’s
consideration.

E:\FR\FM\03SEP1.SGM

03SEP1

Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules

sroberts on DSKD5P82C1PROD with PROPOSALS

• Document the file as to how the
information was considered in any
responsibility determination.
6. Applicability to commercial items.
Given that section 872 was enacted to
provide a source of information on
integrity and past performance of
contractors and grantees, but does not
specifically mention applicability to
commercial items despite 41 U.S.C. 430,
the Councils expect that the FAR
Council will determine that the rule
should apply to contracts for
commercial items, as defined at FAR
2.101.
7. Applicability to commercially
available off-the-shelf (COTS) item
contracts.
Section 4203 of Public Law 104–106,
the Clinger-Cohen Act of 1996 (41
U.S.C. 431), governs the applicability of
laws to the procurement of COTS items
and is intended to limit the applicability
of laws to COTS acquisitions. The
Clinger-Cohen Act provides that, if a
provision of law contains criminal or
civil penalties or if the Administrator
for Federal Procurement Policy makes a
written determination that it is not in
the best interest of the Federal
Government to exempt COTS item
contracts, the provision of law will
apply.
Therefore, given section 872 of the
Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009,
the Councils expect that the
Administrator for Federal Procurement
Policy will determine that the rule
should apply to COTS item contracts.
This proposed rule is a significant
regulatory action and, therefore, is
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.
E. Regulatory Flexibility Act
The Councils do not expect this
proposed 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 will only impact an offeror that has
failed to meet the Government’s
performance requirements or standards
for integrity and business ethics. The
FAR already contains standards for
present responsibility of offerors. This
information system provides an
additional source for contracting officers
to use making a responsibility
determination. The proposed rule only
imposes an information collection
requirement on small businesses that
have total Government grants and
contracts exceeding $10 million. An

VerDate Nov<24>2008

18:07 Sep 02, 2009

Jkt 217001

Initial Regulatory Flexibility Analysis
has, therefore, not been performed. We
invite comments from small businesses
and other interested parties. The
Councils will consider comments from
small entities concerning the affected
FAR Parts 9, 12, 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.
(FAR case 2008–027), in
correspondence.
F. Paperwork Reduction Act
The Paperwork Reduction Act (Pub.
L. 104–13) applies because the proposed
rule contains information collection
requirements. Accordingly, the
Regulatory Secretariat will submit a
request for approval of a new
information collection requirement
concerning Federal Awardee
Performance and Integrity Information
System to the Office of Management and
Budget under 44 U.S.C. Chapter 35, et
seq.
Annual Reporting Burden:
The proposed rule requires that for
each solicitation of $500,000 or more,
the offeror respond whether it has, or
has not, current contracts and grants
under performance that total at least
$10,000,000. Only if the offeror
responds affirmatively is there any
further information collection
requirement. Given that the amount of
current Federal contracts and grants is
basic knowledge for any firm, the
estimated number of hours for this
initial response is 0.1 hours. Using data
from the Federal Procurement Data
System—Next Generation (FPDS-NG), it
is estimated that there will be
approximately 12,000 - 14,000 contracts
over $500,000 each year. Estimating
between five and six responses to each
solicitation, there will be 80,000
responses annually to the question
regarding contracts/grants exceeding
$10 million.
It is estimated that 5,000 contractors
will answer the first question
affirmatively and then will have to enter
data into the website. We have used a
burden estimate of 0.5 hours to enter the
company’s data into the website. This
time estimate does not include the time
necessary to maintain the company’s
information internally. Most large
businesses and some small businesses
probably have established systems to
track compliance. Such systems would
be required in any complex organization
to obtain the significant reductions that
we have built into estimates of
subsequent response time. At this time,
all or most Government contractors have
entered relevant company data in the
Central Contractor Registration (CCR) in

PO 00000

Frm 00017

Fmt 4702

Sfmt 4702

45581

accordance with another information
collection requirement. Therefore, the
estimate includes an average of 100
hours per year for recordkeeping for
each of the 5,000 respondents that will
be required to provide additional
information, for a total of 500,000
annual recordkeeping hours. The total
annual reporting burden is estimated as
follows:
Public reporting burden for this
collection of information is estimated to
average 0.15 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
The annual reporting burden is
estimated as follows:
Respondents: 8,000.
Responses per respondent: approx.
11.
Total annual responses: 90,000.
Preparation hours per response:
approx. 0.15 hours.
Response burden hours: 13,000.
Recordkeeping hours: 500,000.
Total burden hours: 513,000.
G. Request for Comments Regarding
Paperwork Burden
Submit comments, including
suggestions for reducing this burden,
not later than October 5, 2009 to: FAR
Desk Officer, OMB, Room 10102, NEOB,
Washington, DC 20503, and a copy to
the General Services Administration,
Regulatory Secretariat (VPR), 1800 F
Street, NW, Room 4041, Washington,
DC 20405.
Public comments are particularly
invited on: whether this collection of
information is necessary for the proper
performance of functions of the FAR,
and will have practical utility; whether
our estimate of the public burden of this
collection of information is accurate,
and based on valid assumptions and
methodology; ways to enhance the
quality, utility, and clarity of the
information to be collected; and ways in
which we can minimize the burden of
the collection of information on those
who are to respond, through the use of
appropriate technological collection
techniques or other forms of information
technology.
Requester may obtain a copy of the
justification from the General Services
Administration, Regulatory Secretariat
(VPR), Room 4041, Washington, DC
20405, telephone (202) 501–4755. Please
cite OMB Control Number 9000–00XX,
Federal Awardee Performance and
Integrity Information System, in all
correspondence.

E:\FR\FM\03SEP1.SGM

03SEP1

45582

Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules

List of Subjects in 48 CFR Parts 9, 12,
and 52
Government procurement.
Dated: August 27, 2009.
Al Matera,
Director, Acquisition Policy Division.

Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 9, 12,
and 52 as set forth below:
1. The authority citation for 48 CFR
parts 9, 12, 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 9—CONTRACTOR
QUALIFICATIONS
2. Amend section 9.104–3 by revising
paragraph (d)(1) to read as follows:
9.104–3

Application of standards.

*

*
*
*
*
(d) Small business concerns. (1)(i)
Upon making a determination of
nonresponsibility with regard to a small
business concern, the contracting officer
shall refer the matter to the Small
Business Administration, which will
decide whether to issue a Certificate of
Competency (see Subpart 19.6).
(ii) If the determination of
nonresponsibility is based on lack of a
satisfactory performance record or lack
of a satisfactory record of integrity and
business ethics and SBA does not issue
a Certificate of Competency, the
contracting officer shall promptly
document the determination of
nonresponsibility in the FAPIIS.
*
*
*
*
*
3. Redesignate section 9.104–6 as
section 9.104–7 and add a new section
9.104–6 to read as follows:

sroberts on DSKD5P82C1PROD with PROPOSALS

9.104–6 Federal Awardee Performance
and Integrity Information System.

(a) Before awarding a contract
(including an order under FAR Subparts
8.4, 13.3 or 16.5) in excess of the
simplified acquisition threshold, the
contracting officer shall review the
Federal Awardee Performance and
Integrity Information System (FAPIIS),
(available at llllll ). (Website
should provide information on how to
gain access, passwords, etc.)
(b) The contracting officer shall
consider all the information in the
FAPIIS and other past performance
information when making a
responsibility determination or past
performance evaluation. Since the
FAPIIS may contain information
covering a five year period, some of that
information may no longer be relevant
to a determination of present
responsibility, e.g., a prior

VerDate Nov<24>2008

18:07 Sep 02, 2009

Jkt 217001

administrative action such as debarment
or suspension that has expired or
otherwise been resolved.
(c) If the contracting officer obtains
relevant information from the FAPIIS
regarding criminal, civil, or
administrative proceedings in
connection with the award or
performance of a Government contract
(including an order); terminations for
default or cause; or determinations of
non-responsibility because the
contractor does not have a satisfactory
performance record or a satisfactory
record of integrity and business ethics,
the contracting officer shall, unless the
contractor has already been debarred or
suspended—
(1) Promptly request such additional
information from the offeror as the
offeror deems necessary in order to
demonstrate the offeror’s responsibility
to the contracting officer (but see 9.405);
and
(2) Notify, prior to proceeding with
award, in accordance with agency
procedures (see 9.406–3(a) and 9.407–
3(a)), the agency official responsible for
initiating debarment or suspension
action, if the information appears
appropriate for the official’s
consideration.
(d) The contracting officer shall
document the file for each contract
(including orders) in excess of the
simplified acquisition threshold to
indicate the manner in which the
information in the FAPIIS or past
performance evaluation was considered
in any responsibility determination or
past performance evaluation, as well as
the action that was taken as a result of
the information. A contracting officer
who makes a nonresponsibility
determination is required to enter that
information into the FAPIIS in
accordance with 9.105–2(a)(3).
4. Revise the newly redesignated
section 9.104–7 to read as follows:
9.104–7

Solicitation provisions.

(a) The contracting officer shall insert
the provision at 52.209–5, Certification
Regarding Responsibility Matters, in
solicitations where the contract value is
expected to exceed the simplified
acquisition threshold.
(b) The contracting officer shall insert
the provision at 52.209–XX, Information
Regarding Responsibility Matters, in
solicitations where the resultant
contract value is expected to exceed
$500,000.
5. Amend section 9.105–1 by revising
the introductory text of paragraph (c); by
removing paragraph (c)(1); and
redesignating paragraphs (c)(2) through

PO 00000

Frm 00018

Fmt 4702

Sfmt 4702

(c)(6) as paragraphs (c)(1) through (c)(5).
The revised paragraph reads as follows:
9.105–1

Obtaining information.

*

*
*
*
*
(c) In making the determination of
responsibility, the contracting officer
shall consider relevant past performance
information (see 9.104–1(c) and Subpart
42.15); the Excluded Parties List System
maintained in accordance with Subpart
9.4; and the FAPIIS (if required in
accordance with 9.104–6). In addition,
the contracting officer should use the
following sources of information to
support such determinations:
*
*
*
*
*
6. Amend section 9.105–2 by revising
paragraph (a) to read as follows:
9.105–2 Determinations and
documentation.

(a) Determinations. (1)(i) The
contracting officer’s signing of a contract
constitutes a determination that the
prospective contractor is responsible
with respect to that contract, but see
9.104–6(d).
(ii) When an offer on which an award
would otherwise be made is rejected
because the prospective contractor is
found to be nonresponsible, the
contracting officer shall make, sign, and
place in the contract file a
determination of nonresponsibility,
which shall state the basis for the
determination.
(2) If the contracting officer
determines that a responsive small
business lacks certain elements of
responsibility, the contracting officer
shall comply with the procedures in
Subpart 19.6. When a certificate of
competency is issued for a small
business concern (see Subpart 19.6), the
contracting officer may accept the
factors covered by the certificate
without further inquiry.
(3) The contracting officer shall enter
the determination of nonresponsibility
in the FAPIIS if—
(i) The contract (including an order) is
valued at more than the simplified
acquisition threshold;
(ii) The determination of
nonresponsibility is based on lack of
satisfactory performance record or
satisfactory record of integrity and
business ethics; and
(iii) The Small Business
Administration does not issue a
certificate of competency.
*
*
*
*
*
7. Amend section 9.406–3 by adding
paragraph (f) to read as follows:
9.406–3

*

E:\FR\FM\03SEP1.SGM

*

Procedures.

*

03SEP1

*

*

Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules
(f) If the contractor enters into an
administrative agreement with the
Government in order to resolve a
debarment proceeding, the debarment
official shall access the website at
llllll and enter the requested
information.
8. Amend section 9.407–3 by adding
paragraph (e) to read as follows:
9.407–3

Procedures.

*

*
*
*
*
(e) If the contractor enters into an
administrative agreement with the
Government in order to resolve a
suspension proceeding, the suspension
official shall access the website at
llllll and enter the requested
information.
PART 12—ACQUISITION OF
COMMERICAL ITEMS
9. Amend section 12.301 by adding
paragraph (d)(3) to read as follows:
12.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.

*

*
*
*
*
(d) * * *
(3) Insert the provision at 52.209–XX,
Information Regarding Responsibility
Matters, as prescribed in 9.104–7(b).
*
*
*
*
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
10. Amend section 52.209–5 by
removing from the introductory
paragraph the phrase ‘‘9.104–6’’ and
adding ‘‘9.104–7(a)’’ in its place; and by
revising the date of the provision and
paragraph (a)(1)(B) to read as follows:
52.209–5 Certification Regarding
Responsibility Matters.

sroberts on DSKD5P82C1PROD with PROPOSALS

*

*

*

*

*

CERTIFICATION REGARDING
RESPONSIBILITY MATTERS (DATE)
(a) * * *
(1) * * *
(B)(i) Have [ ] have not [ ], within a threeyear period preceding this offer, been
convicted of or had a civil judgment rendered
against them for: commission of fraud or a
criminal offense in connection with
obtaining, attempting to obtain, or
performing a public (Federal, State, or local)
contract or subcontract; violation of Federal
or State antitrust statutes relating to the
submission of offers; or commission of
embezzlement, theft, forgery, bribery,
falsification or destruction of records, making
false statements, tax evasion, violating
Federal criminal tax laws, or receiving stolen
property (If offeror checks ‘‘have’’, the offeror
shall also see 52.209–XX).

*

*
*
*
*
11. Add section 52.209–XX to read as
follows:

VerDate Nov<24>2008

18:07 Sep 02, 2009

Jkt 217001

45583

52.209–XX Information Regarding
Responsibility Matters.

(End of provision)
[FR Doc. E9–21174 Filed 9–2–09; 8:45 am]

As prescribed at 9.104–7(b), insert the
following provision:

BILLING CODE 6820–EP–S

INFORMATION REGARDING
RESPONSIBILITY MATTERS (DATE)
(a) Definition.
Principal, as used in this provision, means
an officer, director, owner, partner, or a
person having primary management or
supervisory responsibilities within a
business entity (e.g., general manager; plant
manager; head of a subsidiary, division, or
business segment; and similar positions).
Federal contracts and grants with total
value (including any options) greater than
$10,000,000 means—
(1) The value, at the time of their award,
of the current, active contracts and grants,
including all priced options; and
(2) The total value, at the time of their
award, of all current, active orders under
indefinite-delivery, indefinite-quantity, 8(a),
or requirements contracts (including task and
delivery and multiple-award schedules).
(b) The offeror [ ] has [ ] does not have
current active Federal contracts and grants
with total value (including any options)
greater than $10,000,000.
(c) If the offeror checked ‘‘has’’ in
paragraph (b) of this provision, the offeror
represents, by submission of this proposal,
that its information in the Federal Awardee
Performance and Integrity Information
System (FAPIIS) is current, accurate, and
complete as of the date of submission of this
proposal with regard to the following
information:
(1) Whether the offeror, and/or any of its
principals, has or has not, within the last five
years, been involved in civil or criminal
proceeding, or any administrative
proceeding, in connection with the award to
or performance by the offeror of a Federal or
State contract or grant, to the extent that such
proceeding resulted in any of the following
dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault
and liability that results in the payment of a
monetary fine, penalty, reimbursement,
restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a
finding of fault and liability that results in—
(A) The payment of a monetary fine or
penalty of $5,000 or more; or
(B) The payment of a reimbursement,
restitution, or damages in excess of $100,000.
(iv) To the maximum extent practicable
and consistent with applicable laws and
regulations, in a criminal, civil, or
administrative proceeding, a disposition of
the matter by consent or compromise with an
acknowledgment of fault by the Contractor if
the proceeding could have led to any of the
outcomes specified in subparagraphs (c)(1)(i),
(c)(1)(ii), or (c)(1)(iii) of this section.
(2) If the offeror has been involved in the
last five years in any of the occurrences listed
in (c)(1) of this section, whether the offeror
has provided the requested information with
regard to each occurrence.
(d) The offeror, if awarded a contract as a
result of this solicitation, shall update the
information in the FAPIIS on a semi-annual
basis, throughout the life of the contract.

PO 00000

Frm 00019

Fmt 4702

Sfmt 4702

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 367
[Docket No. FMCSA–2009–0231]
RIN 2126–AB19

Fees for the Unified Carrier
Registration Plan and Agreement
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Proposed Rulemaking.
SUMMARY: This proposed rule would
establish annual registration fees and a
fee bracket structure for the Unified
Carrier Registration (UCR) Agreement
for the calendar year beginning on
January 1, 2010, as required under the
Unified Carrier Registration Act of 2005,
enacted as Subtitle C of Title IV of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users, as amended.
DATES: You must submit comments on
or before September 18, 2009.
ADDRESSES: You may submit comments,
identified by docket number FMCSA–
2009–0231 and/or RIN 2126–AB19, by
any of the following methods—Internet,
facsimile, regular mail, or hand-deliver.
Federal eRulemaking Portal: Federal
Docket Management System (FDMS)
Web site at http://www.regulations.gov.
The FDMS is the preferred method for
submitting comments, and we urge you
to use it. In the ‘‘Comment’’ or
‘‘Submission’’ section, type Docket ID
Number ‘‘FMCSA—2009—0231’’, select
‘‘Go’’, and then click on ‘‘Send a
Comment or Submission.’’ You will
receive a tracking number when you
submit a comment.
Fax: 1–202–493–2251.
Mail, Courier, or Hand-Deliver: U.S.
Department of Transportation, Docket
Operations (M–30), West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590. Office hours are between 9
a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays.
Docket: Comments and material
received from the public, as well as
background information and documents
mentioned in this preamble, are part of
docket FMCSA–2009–0231, and are
available for inspection and copying on
the Internet at http://
www.regulations.gov. You may also

E:\FR\FM\03SEP1.SGM

03SEP1