[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-31]
[[Page 2414]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 209
RIN 0750-AF97
Defense Federal Acquisition Regulation Supplement; Clean Air Act
and Clean Water Act Exemptions (DFARS Case 2007-D022)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address the procedures
that apply when it is necessary to award to a contractor that is
otherwise excluded from Federal procurement programs due to a violation
of the Clean Air Act or the Clean Water Act.
DATES: Effective Date: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-8384; facsimile
703-602-7887. Please cite DFARS Case 2007-D022.
SUPPLEMENTARY INFORMATION:
A. Background
The List of Parties Excluded from Federal Procurement and
Nonprocurement Programs, maintained by the General Services
Administration, identifies contractor facilities where no part of a
Federal contract or subcontract may be performed due to a violation of
the Clean Air Act (42 U.S.C. 7606) or the Clean Water Act (33 U.S.C.
1368). In accordance with Executive Order 11738, the head of a Federal
agency may grant an exemption permitting award to a contractor using an
otherwise ineligible facility, if the head of the agency determines
that the exemption is in the paramount interest of the United States.
This final rule amends the procedures specified in the DFARS for
processing such an exemption, to more closely align with the
requirements of Executive Order 11738.
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
2007-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 209.405 is amended by revising paragraph (b) to read as
follows:
209.405 Effect of listing.
* * * * *
(b)(i) The Procurement Cause and Treatment Code ``H'' annotation in
the GSA List of Parties Excluded from Federal Procurement and
Nonprocurement Programs identifies contractor facilities where no part
of a contract or subcontract may be performed because of a violation of
the Clean Air Act (42 U.S.C. 7606) or the Clean Water Act (33 U.S.C.
1368).
(ii) Under the authority of Section 8 of Executive Order 11738, the
agency head may grant an exemption permitting award to a contractor
using a Code ``H'' ineligible facility if the agency head determines
that such an exemption is in the paramount interest of the United
States.
(A) The agency head may delegate this exemption authority to a
level no lower than a general or flag officer or a member of the Senior
Executive Service.
(B) The official granting the exemption--
(1) Shall promptly notify the Environmental Protection Agency
suspending and debarring official of the exemption and the
corresponding justification; and
(2) May grant a class exemption only after consulting with the
Environmental Protection Agency suspending and debarring official.
(C) Exemptions shall be for a period not to exceed one year. The
continuing necessity for each exemption shall be reviewed annually and,
upon the making of a new determination, may be extended for periods not
to exceed one year.
(D) All exemptions must be reported annually to the Environmental
Protection Agency suspending and debarring official.
(E) See PGI 209.405 for additional procedures and information.
[FR Doc. E9-661 Filed 1-14-09; 8:45 am]
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