[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Rules and Regulations]
[Pages 52847-52849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24554]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 7, 10, 13, 18, 26, and 52

[FAC 2005-37; FAR Case 2008-035; Item I; Docket 2009-0033, Sequence 1]
RIN 9000-AL30


Federal Acquisition Regulation; FAR Case 2008-035, Registry of 
Disaster Response Contractors

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comments.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are issuing an interim rule 
amending the Federal Acquisition Regulation (FAR) to implement Section 
697, Registry of Disaster Response Contractors (Pub. L. 109-295), the 
Department of Homeland Security (DHS) Appropriations Act, 2007 (6 
U.S.C. 796). The Act requires that the Administrator of the Federal 
Emergency Management Agency (FEMA), a component of DHS, establish and 
maintain a registry of contractors, which are willing to perform debris 
removal, distribution of supplies, reconstruction, and other disaster 
or emergency relief activities. In addition, the Act requires 
contracting officers to consult the Registry during market research and 
acquisition planning.

DATES: Effective Date: October 14, 2009.
    Comment Date: Interested parties should submit written comments to 
the

[[Page 52848]]

Regulatory Secretariat on or before December 14, 2009 to be considered 
in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAC 2005-37, FAR case 2008-
035, by any of the following methods:
    <bullet> Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting ``FAR Case 
2008-035'' into the field ``Keyword''. Select the link that corresponds 
with FAR Case 2008-035. Follow the instructions provided to submit your 
comment. Please include your name, company name (if any), and ``FAR 
Case 2008-035'' on your attached document.
    <bullet> Fax: 202-501-4067.
    <bullet> 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 FAC 2005-37, FAR 
case 2008-035, 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: For clarification of content, contact 
Mr. Edward Loeb, Director, Contract Policy Division at (202) 501-0650. 
For more information pertaining to status or publication schedules, 
contact the FAR Secretariat at (202) 501-4755. Please cite FAR Case 
2008-035.

SUPPLEMENTARY INFORMATION:

A. Background

    The Disaster Response Registry includes business information 
consistent with the data that is currently required in the Central 
Contractor Registration (CCR) with two additional categories added to 
reflect the area served by the business, and the bonding level of the 
business concern. The CCR has been updated to include these changes. In 
addition, the FEMA website has been updated with a link to the Registry 
search feature at the CCR website. Contracting officers will be 
required to consult this Registry during market research and 
acquisition planning. The Registry covers domestic projects. Foreign 
contractors may register.
    The proposed FAR revisions include the following:
    (1) Addition of language in FAR 2.101 to provide a definition of 
the term ``Disaster Response Registry''.
    (2) Redesignating FAR section 4.1104 (Solicitation provision and 
contract clauses) as section 4.1105, and adding a new FAR section 
4.1104 that requires contracting officers to consult the Registry at 
www.ccr.gov.
    (3) Adding a paragraph (v) to FAR section 7.103 that requires 
agency heads or designees to prescribe procedures which ensure that 
contracting officers consult the Registry as a part of acquisition 
planning for debris removal, distribution of supplies, reconstruction, 
and other disaster or emergency relief activities inside the United 
States and outlying areas (defined in FAR part 2).
    (4) Including a reference to 6 U.S.C. 796 in FAR 10.000; making a 
technical correction of an editorial nature to FAR 10.001(a)(2)(v); and 
adding language to require agencies, in the conduct of their market 
research, to identify prospective contractors registered in the 
Registry when researching sources for debris removal, distribution of 
supplies, reconstruction, and other disaster or emergency relief 
supplies and services.
    (5) Adding the requirement in FAR 18.102 for contracting officers 
to consult the Registry for the availability of contractors for debris 
removal, distribution of supplies, reconstruction, and other disaster 
or emergency relief activities inside the United States and outlying 
areas.
    (6) Redesignating FAR 26.205 as 26.206 and adding a new FAR 26.205, 
which states that contracting officers shall consult the Registry. This 
section informs contracting officers how to locate vendors on the 
Registry.
    (7) Making conforming amendments in FAR 13.201 and to the prefatory 
text in FAR 52.204-7 and in FAR 52.226-3 through 52.226-5.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This is not a 
major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Councils do not expect this interim 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 does not impose any additional requirements on small 
businesses; registration in the Registry is voluntary. Two additional 
categories for the Registry content were added to the CCR to allow 
businesses to identify the area served by the business and the bonding 
level of the business concern.
    Therefore, an Initial Regulatory Flexibility Analysis has not been 
performed. The Councils will consider comments from small entities 
concerning the affected FAR parts 2, 4, 7, 10, 13, 18, 26, 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. (FAC 2005-37, 
FAR Case 2008-035), in all correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the interim rule 
does not contain any information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
Chapter 35, et seq.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary because the Department of Homeland Security Appropriations 
Act, 2007 (6 U.S.C. 796), became effective upon enactment. The 
enactment date is October 4, 2006. However, pursuant to Pub. L. 98-577 
and FAR 1.501, the Councils will consider public comments received in 
response to this interim rule in the formation of the final rule.

List of Subjects in 48 CFR Parts 2, 4, 7, 10, 13, 18, 26, and 52

    Government procurement.

    Dated: October 5, 2009.
Al Matera,
Director, Acquisition Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 7, 10, 13, 18, 
26, and 52 as set forth below:

0
1. The authority citation for 48 CFR parts 2, 4, 7, 10, 13, 18, 26, 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 2--DEFINITIONS OF WORDS AND TERMS

0
2. Amend section 2.101 in paragraph (b)(2) by adding, in alphabetical 
order, the definition ``Disaster Response Registry'' to read as 
follows:


2.101  Definitions.

* * * * *
    (b) * * *
    (2) * * *
    Disaster Response Registry means a voluntary registry of 
contractors who are willing to perform debris removal, distribution of 
supplies, reconstruction,

[[Page 52849]]

and other disaster or emergency relief activities established in 
accordance with 6 U.S.C. 796, Registry of Disaster Response 
Contractors. The Registry contains information on contractors who are 
willing to perform disaster or emergency relief activities within the 
United States and its outlying areas. The Registry is located at 
www.ccr.gov and alternately through the FEMA website at http://www.fema.gov/business/index.shtm. (See 26.205).
* * * * *

PART 4--ADMINISTRATIVE MATTERS


4.1104  [Redesignated as 4.1105]

0
3. Redesignate section ``4.1104'' as section ``4.1105'', and add a new 
section ``4.1104'' to read as follows:


4.1104  Disaster Response Registry.

    Contracting officers shall consult the Disaster Response Registry 
at www.ccr.gov when contracting for debris removal, distribution of 
supplies, reconstruction, and other disaster or emergency relief 
activities inside the United States and outlying areas. (See 26.205).

PART 7--ACQUISITION PLANNING

0
4. Amend section 7.103 by adding paragraph (v) to read as follows:


7.103  Agency-head responsibilities.

* * * * *
    (v) Ensuring that contracting officers consult the Disaster 
Response Registry at www.ccr.gov as a part of acquisition planning for 
debris removal, distribution of supplies, reconstruction, and other 
disaster or emergency relief activities inside the United States and 
outlying areas. (See 26.205).

PART 10--MARKET RESEARCH

0
5. Amend section 10.000 by revising the second sentence to read as 
follows:


10.000  Scope of part.

    * * * This part implements the requirements of 41 U.S.C. 
253a(a)(1), 41 U.S.C. 264b, 10 U.S.C. 2377, and 6 U.S.C. 796.

0
6. Amend section 10.001 by revising paragraph (a)(2)(v) to read as 
follows:


10.001  Policy.

    (a) * * *
    (2) * * *
    (v) On an ongoing basis, and to the maximum extent practicable, 
take advantage of commercially available market research methods in 
order to identify effectively the capabilities, of small businesses and 
new entrants into Federal contracting, that are available in the 
marketplace for meeting the requirements of the agency in furtherance 
of--
    (A) A contingency operation or defense against or recovery from 
nuclear, biological, chemical, or radiological attack; and
    (B) Disaster relief to include debris removal, distribution of 
supplies, reconstruction, and other disaster or emergency relief 
activities. (See 26.205).
* * * * *

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.201  [Amended]

0
7. Amend section 13.201 by removing from paragraph (d) ``4.1104'' and 
adding ``4.1105'' in its place.

PART 18--EMERGENCY ACQUISITIONS

0
8. Revise section 18.102 to read as follows:


18.102  Central contractor registration.

    Contractors are not required to be registered in the Central 
Contractor Registration (CCR) for contracts awarded to support unusual 
and compelling needs or emergency acquisitions. (See 4.1102). However, 
contractors are required to register with CCR in order to gain access 
to the Disaster Response Registry. Contracting officers shall consult 
the Disaster Response Registry at www.ccr.gov to determine the 
availability of contractors for debris removal, distribution of 
supplies, reconstruction, and other disaster or emergency relief 
activities inside the United States and outlying areas. (See 26.205).

PART 26--OTHER SOCIOECONOMIC PROGRAMS


26.205  [Redesignated as 26.206]

0
9. Redesignate section ``26.205'' as section ``26.206'' and add a new 
section ``26.205'' to read as follows:


26.205  Disaster Response Registry.

    (a) Contracting officers shall consult the Disaster Response 
Registry at www.ccr.gov to determine the availability of contractors 
for debris removal, distribution of supplies, reconstruction, and other 
disaster or emergency relief activities inside the United States and 
outlying areas.
    (b) A list of prospective vendors voluntarily participating in the 
Disaster Response Registry can be retrieved using the CCR Search tool 
on the CCR webpage. These vendors may be identified by selecting the 
criteria for ``Disaster Response Contractors''. Contractors are 
required to register with CCR in order to gain access to the Disaster 
Response Registry.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.204-7  [Amended]

0
10. Amend section 52.204-7 by removing from the introductory paragraph 
``4.1104'' and adding ``4.1105'' in its place.


52.226-3  [Amended]

0
11. Amend section 52.226-3 by removing from the introductory paragraph 
``26.205(a)'' and adding ``26.206(a)'' in its place.


52.226-4  [Amended]

0
12. Amend section 52.226-4 by removing from the introductory paragraph 
``26.205(b)'' and adding ``26.206(b)'' in its place.


52.226-5  [Amended]

0
13. Amend section 52.226-5 by removing from the introductory paragraph 
``26.205(c)'' and adding ``26.206(c)'' in its place.
[FR Doc. E9-24554 Filed 10-13-09; 8:45 am]
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