Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules 45579 

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. 

DATES: Written comments should be 

received on or before October 5, 2009. 

ADDRESSES: 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. 

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. 

SUPPLEMENTARY INFORMATION: 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final rule will be withdrawn and all 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. 

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 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 9, 12, and 52 

[FAR Case 2008–027; Docket 2009–0030, 

Sequence 1] 

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. 

• 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 


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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. 

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 

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. 

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. 


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• 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 

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 

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. 


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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: 

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 

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 

(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 Procedures. 

* * * * * 


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(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. 

* * * * * 

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: 

52.209–XX Information Regarding 

Responsibility Matters. 

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

following provision: 

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. 

(End of provision) 

[FR Doc. E9–21174 Filed 9–2–09; 8:45 am] 

BILLING CODE 6820–EP–S 

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 


sroberts on DSKD5P82C1PROD with PROPOSALS