[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2414-2415]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-32]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 209
RIN 0750-AG20
Defense Federal Acquisition Regulation Supplement; Responsible
Prospective Contractors (DFARS Case 2008-D022)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address use of the Past
Performance Information Retrieval System (PPIRS) in determining
contractor responsibility. PPIRS is a Web-based application that stores
information regarding contractor performance on Government contracts.
DATES: Effective Date: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-1302;
facsimile 703-602-7887. Please cite DFARS Case 2008-D022.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule adds text at DFARS 209.105-1 to address use of
PPIRS (available at http://www.ppirs.gov) in meeting requirements for
determining contractor responsibility. The rule emphasizes that use of
PPIRS information regarding contract
[[Page 2415]]
termination for cause or default is just one consideration in making a
determination of contractor responsibility.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant cost or administrative impact
on contractors or offerors, or a significant effect beyond the internal
operating procedures of DoD. Therefore, publication for public comment
under 41 U.S.C. 418b is not required. However, DoD will consider
comments from small entities concerning the affected DFARS subpart in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2008-D022.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 209
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 209 is amended as follows:
PART 209--CONTRACTOR QUALIFICATIONS
0
1. The authority citation for 48 CFR part 209 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Section 209.105-1 is revised to read as follows:
209.105-1 Obtaining information.
(1) For guidance on using the Excluded Parties List System, see PGI
209.105-1.
(2) A satisfactory performance record is a factor in determining
contractor responsibility (see FAR 9.104-1(c)). One source of
information relating to contractor performance is the Past Performance
Information Retrieval System (PPIRS), available at http://
www.ppirs.gov. Information relating to contract terminations for cause
and for default is also available through PPIRS (see PGI 212.403(c) and
PGI 249.470). This termination information is just one consideration in
determining contractor responsibility.
[FR Doc. E9-668 Filed 1-14-09; 8:45 am]
BILLING CODE 5001-08-P