9218 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 

i. Each civil or criminal proceeding, 

or any administrative proceeding in 

connection with the award or 

performance of a contract or grant with 

the Federal government during the 

period when the proceeding results in 

one or more of the following: 

A. A criminal proceeding resulting in 

a conviction. 

B. A civil proceeding resulting in a 

finding of fault and liability that results 

in payment of a monetary amount of 

$5,000 or more. 

C. An administrative proceeding 

resulting in a finding of fault and 

liability that results in payment of a 

monetary fine or penalty of $5,000 or 

more; or payment of a monetary 

reimbursement, restitution, or damages 

in excess of $100,000. 

D. A disposition of the matter by 

consent or compromise with an 

acknowledgment of fault by the covered 

person if the proceeding could have led 

to any of the outcomes specified in 

subparagraphs A, B, or C above. 

ii. Each Federal contract and grant 

awarded to the person that was 

terminated due to default. 

iii. Each Federal administrative 

agreement entered into between the 

person and the Federal Government to 

resolve a suspension or debarment 

proceeding. 

iv. Each final finding by a Federal 

official that the person has been 

determined not to be a responsible 

source pursuant to subparagraph (C) or 

(D) of section 4(7) of the OFPP Act (41 

U.S.C.403(7)). 

v. Such other information as shall be 

provided for purposes of this section in 

the FAR. 

vi. To the maximum extent practical, 

information similar to that mentioned in 

subparagraphs I, ii, and iii, in 

connection with the award or 

performance of a contract or grant with 

a State Government. 

A new solicitation provision has been 

developed for inclusion in solicitations 

expected to result in a contract of 

$500,000 or more. A new provision 

(FAR 52.209–XX, Information Regarding 

Responsibility Matters) will require 

each offeror to check a box indicating 

whether it has, or has not, current 

Federal Government contracts and 

grants totaling $10,000,000 or more. If 

the offeror checks the box indicating 

that it does not currently have contracts 

and grants of at least $10,000,000, that 

is the extent of the information 

collection. If, however, the offeror 

checks the box indicating that it does 

currently have contracts and grants of at 

least $10,000,000, and the offeror has 

not updated its Central Contactor 

Registration (CCR) database in the last 

six months, then the offeror is obligated 

to go to the CCR web site and enter the 

following information: 

‘‘52.209–XX (c) 

(1) (i) Whether the offeror, and/or any of 

its principals, has or has not, within the last 

five years, been involved in a 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: 

(A) In a criminal proceeding, a conviction. 

(B) 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. 

(C) In an administrative proceeding, a 

finding of fault and liability that results in— 

(1) The payment of a monetary fine or 

penalty of $5,000 or more; or 

(2) The payment of a reimbursement, 

restitution, or damages in excess of $100,000. 

(D) 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 (i), (ii), 

or (iii). 

(ii) If the offeror checked ‘‘has’’ to the 

information request in (b)(1)(i), the offeror 

shall provide the requested information with 

regard to each occurrence.’’ 

In addition, the final rule includes a 

new clause that requires Contractors to 

semi-annually update of the information 

in Federal Awardee Performance and 

Integrity Information Systems (FAPIIS). 

The final rule requires for every 

solicitation of $500,000 or more that 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), 

we estimate that there will be 

approximately 12,000–14,000 contracts 

over $500,000 each year. Estimating 

between five and six responses to each 

solicitation, then believe there will be 

80,000 responses annually to the ‘‘has/ 

has not’’ question. 

We expect 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. At this time, all or 

most Government contractors have 

entered relevant company data in the 

Central Contractor Registration (CCR) in 

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 to the 

request for additional information, for a 

total of 500,000 annual recordkeeping 

hours. 

Annual Reporting Burden 

Initial response: 

Respondents ................................. 8,000 

Responses per respondent .......... × 10 

Total annual responses ............... 80,000 

Total response burden hours ...... 8,000 

Additional response: 

Total annual responses ............... 10,000 

Total response burden hours ...... 5,000 

Recordkeeping hours ................... 500,000 

Total burden hours ...................... 505,000 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (MVCB), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 9000– 

00XX, Information Regarding 

Responsibility Matters, in all 

correspondence. 

Dated: February 23, 2010. 

Al Matera, 

Director, Acquisition Policy Division. 

[FR Doc. 2010–4057 Filed 2–26–10; 8:45 am] 

BILLING CODE 6820–EP–P 

GENERAL SERVICES 

ADMINISTRATION 

Notice of Availability Record of 

Decision for the Update to the Master 

Plan for the Consolidation of the Food 

and Drug Administration Headquarters 

at the Federal Research Center at 

White Oak in Silver Spring, MD 

AGENCY: U.S. General Service 

Administration (GSA); National Capital 

Region. 

ACTION: Notice; record of decision. 

SUMMARY: Pursuant to the requirements 

of the National Environmental Policy 

Act of 1969 (NEPA), the Council on 

Environmental Quality Regulations (40 

CFR parts 1500–1508), GSA Order PBS 

P1095.1F (Environmental 

considerations in decisionmaking, date 

October 19, 1999), and the GSA Public 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 9219 

Buildings Service NEPA Desk Guide, 

GSA has signed a Record of Decision 

(ROD) for the update to the Master Plan 

to support the consolidation of the Food 

and Drug Administration (FDA) 

Headquarters at the Federal Research 

Center at White Oak in Silver Spring, 

Maryland. The ROD identifies that 

Alternative 2: Dispersed Density Action 

Alternative, as defined in the FDA 

Headquarters Consolidation Master 

Plan Update Final Supplemental 

Environmental Impact Statement (EIS) 

(GSA, July 2009), is the alternative 

selected for implementation. The 

complete ROD can be viewed at: http://

www.gsa.gov/ncrnepa. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Hill, NEPA Lead, General 

Services Administration, National 

Capital Region, at (202) 205–5821. 

SUPPLEMENTARY INFORMATION: Decision: 

It is the decision of the Acting 

Regional Administrator of GSA, 

National Capital Region to: Implement 

Alternative 2: Dispersed Density Action 

Alternative. This alternative includes 

the following: 

(1) Construction of facilities to 

accommodate the increase of FDA 

employees from 7,719 to 8,889; 

(2) Construction of a new office 

building on the northwestern portion of 

the site; 

(3) Relocation of the 21,000-square 

foot Child Care Center and 25,000- 

square foot Broadcast Studio; 

(4) Construction of a 10,000-square 

foot fitness center; 

(5) Expansion of the CUP by 50,000- 

square feet and construction of a 

thermal water storage tank; 

(6) Construction of a 300,000 gallon 

elevated water storage tank for potable 

water; and 

(7) Elimination of the need for an 

antenna farm because of advances in 

technology. 

Background 

In 1997, GSA completed an 

environmental impact statement that 

analyzed the impacts from the 

consolidation of 5,974 FDA employees 

at the FRC. In 2005, GSA also completed 

a supplemental environmental impact 

statement that analyzed the impacts of 

increasing the number of employees 

from 5,947 to 7,720 and the impacts of 

creating a new eastern access point into 

the FRC. In September 2007, new 

legislation was enacted that expanded 

FDA’s mandate to support the 

Prescription Drug User Fee Act 

(PDUFA) and the Medical Device User 

Fee and Modernization Act (MDUFMA). 

In order for FDA to fulfill the legislated 

mandates, additional employees may be 

needed, and the new legislation will 

likely result in an increase of employees 

at the FRC from 7,720 to 8,889. The 

increase in the campus population is 

needed to conduct the complex and 

comprehensive reviews necessary for 

new drugs and medical devices. 

The purpose of the action is to update 

the Master Plan for the FDA Campus at 

FRC to accommodate employee growth 

from 7,720 to 8,889 within the 130 acres 

appropriated by Congress for the FDA 

Campus. Need for the proposed action 

is to continue to support FDA 

Headquarters consolidation at FRC and 

provide the necessary office and 

laboratory space to support the 

expanded PDUFA and MDUFMA 

programs. 

The ROD documents the specific 

components of and rationale for GSA’s 

decision. This decision is based on 

analyses contained in the Draft 

Supplemental EIS issued March 2009; 

the Final Supplemental EIS issued in 

July 2009; the comments of Federal, 

state, and local agencies, members of the 

public, and elected officials; and other 

information in the administrative 

record. 

Issued September 2, 2009 by Sharon J. 

Banks, Acting Regional Administrator, 

General Services Administration, National 

Capital Region. 

February 16, 2010. 

Patricia T. Ralston, 

Director, Portfolio Management, Public 

Buildings Service, National Capital Region. 

[FR Doc. 2010–4120 Filed 2–26–10; 8:45 am] 

BILLING CODE 6820–23–P 

GENERAL SERVICES 

ADMINISTRATION 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the Otay Mesa Land Port of Entry 

AGENCY: General Services 

Administration. 

ACTION: Notice of Intent. 

SUMMARY: The General Services 

Administration (GSA) announces its 

intent to prepare an Environmental 

Impact Statement (EIS) for the 

modernization of the Otay Mesa Land 

Port of Entry (LPOE) in San Diego, 

California. The project will modernize 

the existing port to improve its 

functionality, capacity, and security. 

The facility currently handles all 

traffic modes, including commercial 

vehicles, buses, privately operated 

vehicles (POVs), and pedestrians. Built 

in 1984 and expanded in 1994 to 

accommodate new commercial facilities 

and southbound commercial traffic, the 

existing 10 commercial and 13 POV 

booths no longer meet the Department 

of Homeland Security (DHS) security 

standards and are incapable of 

adequately handling current and 

projected traffic volumes. 

GSA proposes to modernize the 

current port by remodeling, improving 

and expanding the existing facility 

through the acquisition of 

approximately 10 acres of land along the 

eastern boundary of the port. The 

modernized POV port will 

accommodate 24 primary booths for 

northbound inspection with future 

accommodation of another 12 booths. 

Roadway modifications within the port 

will be designed to improve traffic 

circulation through the LPOE and to 

enhance pedestrian safety. The 

commercial import facility will 

accommodate 12 primary booths and be 

modified to safely expedite truck 

inspections and decrease wait times. 

Energy conservation and sustainability 

provisions will be applied throughout 

the facility. 

The EIS will evaluate the potential 

environmental impacts associated with 

alternatives to implement the proposed 

action described below, including the 

No Action Alternative: 

Alternative 1—POV/Commercial 

LPOE: GSA will modernize the existing 

Otay Mesa LPOE to accommodate 12 

commercial lanes and a combination of 

24 POV/bus lanes. Approximately 10 

acres of adjacent land on the east side 

of the LPOE will be acquired which will 

modernize the facility to accommodate 

modern operational requirements. 

Alternative 2—Multimodal/ 

Commercial LPOE: GSA will modernize 

the existing Otay Mesa LPOE as 

mentioned in Alternative 1 and 

integrate long range pedestrian and 

public transit capabilities. 

Alternative 3—No Action: Continue 

operations at the existing LPOE facilities 

as they are currently configured. 

FOR FURTHER INFORMATION CONTACT: 

Maureen Sheehan by phone at 253–931– 

7548 or by e-mail at 

Maureen.Sheehan@gsa.gov. 

SUPPLEMENTARY INFORMATION: The 

scoping process has involved 

newspaper announcements in the San 

Diego Union Tribune on June 18, 2009 

and in the Hispanos Unidos Spanish 

language newspaper on June 19, 2009. A 

project fact sheet has been distributed 

among likely stakeholders and one 

notice was placed in the July/August 

2009 edition of the Otay Action 

Newsletter distributed by the Otay Mesa 

Chamber of Commerce. All announced 

open house was held within the 

community at the Otay Mesa Holiday 

mstockstill on DSKH9S0YB1PROD with NOTICES