Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules 15093 

electronically, (2) by facsimile, or (3) by 

hard copy. All notices must identify the 

Agency name and docket number for 

this notice (Docket No. OSHA–2007–

0021). Because of security-related 

procedures, the use of regular mail may 

cause a significant delay in the receipt 

of notices of intention to attend. For 

information about security procedures 

concerning the delivery of materials by 

hand, express mail, messenger or 

courier service, please contact Liset 

Navas at (202) 693–1950. 

Notices of intention to attend a 

stakeholder meeting must include the 

following information: 

• Name and contact information; 

• Affiliation (e.g., organization, 

association), if any; 

• The stakeholder meeting you plan 

to attend; 

• Whether you wish to be an active 

participant or observer; and 

• Whether you need any special 

accommodations in order to attend or 

participate in a stakeholder meeting. 

For access to comments and materials 

received in response to the RFI, go to 

OSHA Docket No. H–016 on OSHA’s 

Web page at http://www.osha.gov. 

Contact the OSHA Docket Office, Docket 

No. H–016, Room N–2625, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–2350 (OSHA’s TTY 

number is (877) 889–5627) for 

information about materials in the RFI 

docket that are not available through 

OSHA’s Web page and for assistance in 

using the Web page to locate docket 

submissions. 

Electronic copies of this Federal 

Register notice are available at http:// 

www.regulations.gov. This document, as 

well as news releases and other relevant 

information, also are available at 

OSHA’s Web page at http:// 

www.osha.gov. 

Authority 

This notice was prepared under the 

direction of Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for 

Occupational Safety and Health. It is 

issued under Sections 4 and 8 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 653, 657), and Secretary 

of Labor’s Order No. 5–2002 (67 FR 

65008). 

Signed at Washington, DC on this 26th day 

of March, 2007. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. E7–5871 Filed 3–29–07; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 9 and 52 

[FAR Case 2006–011; Docket 200-0001; 

Sequence 6] 

RIN 9000–AK73 

Federal Acquisition Regulation; FAR 

Case 2006–011, Representations and 

Certifications - Tax Delinquency 

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 

change the provision regarding 

certification regarding debarment, 

suspension, proposed debarment, and 

other responsibility matters, and to 

make changes to the language regarding 

contractor qualifications, to add 

language regarding nonpayment of 

taxes. This proposed rule requires 

offerors to also certify whether or not 

they have, within a three-year period 

preceding the offer, been convicted of or 

had a civil judgment rendered against 

them for violating any tax law or failing 

to pay any tax, or been notified of any 

delinquent taxes for which the liability 

remains unsatisfied. In addition, the 

offeror will be required to certify 

whether or not they have received a 

notice of a tax lien filed against them for 

which the liability remains unsatisfied 

or the lien has not been released. 

DATES: Interested parties should submit 

written comments to the FAR 

Secretariat on or before May 29, 2007 to 

be considered in the formulation of a 

final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2006–011 by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for any 

document by first selecting the proper 

document types and selecting ‘‘Federal 

Acquisition Regulation’’ as the agency 

of choice. At the ‘‘Keyword’’ prompt, 

type in the FAR case number (for 

example, FAR Case 2006–001) and click 

on the ‘‘Submit’’ button. Please include 

any personal and/or business 

information inside the document.You 

may also search for any document by 

clicking on the ‘‘’’Advanced search/ 

document search’’ tab at the top of the 

screen, selecting from the agency field 

‘‘Federal Acquisition Regulation ’’, and 

typing the FAR case number in the 

keyword field. Select the ‘‘Submit’’

button. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAR case 2006–011 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: Mr. 

William Clark, Procurement Analyst, at 

(202) 219–1813 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the FAR Secretariat at (202) 501–4755. 

Please cite FAR case 2006–011. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Offerors are currently required to 

certify whether or not, within a threeyear period preceding an offer, they 

have been convicted of or had a civil 

judgment rendered against them for tax 

evasion or are presently indicted for, or 

otherwise criminally or civilly charged 

with, the commission of tax evasion. 

This proposed rule requires offerors to 

also certify whether or not they have, 

within a three-year period preceding the 

offer, been convicted of or had a civil 

judgment rendered against them for 

violating any tax law or failing to pay 

any tax, or been notified of any 

delinquent taxes for which the liability 

remains unsatisfied. The offeror also 

will be required to certify whether or 

not they have received a notice of a tax 

lien filed against them for which the 

liability remains unsatisfied or the lien 

has not been released. The additional 

certifications are needed to identify 

prospective offerors that may have 

outstanding tax obligations that may be 

delinquent so that the Government can 

make an informed responsibility 

determination, as necessary. If an offeror 

certifies that any of these conditions 

exist, the contracting officer may ask the 

offeror for additional information 

related to the obligation to evaluate the 

offeror’s ability to perform under the 

contract. In accordance with FAR 1.107, 


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15094 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules 

the new certification must be approved 

by the Administrator for the Office of 

Federal Procurement Policy before a 

final rule can be issued. 

In FAR 9.105–1 a cross reference is 

made to FAR 9.408 which describes 

additional actions contracting officers 

may take. In FAR 9.408 the language 

referring to the certifications at FAR 

52.209–5 and 52.212–3 is simplified. In 

FAR 9.406–2 and 9.407–2, the following 

additional causes for debarment or 

suspension are added: delinquent taxes; 

unresolved tax liens; and a conviction of 

or civil judgment for violating tax laws 

or failing to pay taxes. The nonpayment 

of taxes is not restricted to Federal 

taxes, but may relate to any taxing 

entity. The focus of ‘‘delinquent taxes’’

is on taxes which are still unpaid: the 

affirmative certification is required after 

the taxpaying offeror is notified that the 

taxes are delinquent, for taxes which 

remain unpaid as of the date of 

certification. 

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 

rule is not a major rule under 5 U.S.C. 

804. 

B. 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 most 

prospective offerors pay their tax 

liabilities. 

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 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 2006–011), 

in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FAR do not impose 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 Parts 9 and 

52 

Government procurement. 

Dated: March 26, 2007. 

Ralph De Stefano, 

Director, Contract Policy Division. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR parts 9 and 

52 as set forth below: 

1. The authority citation for 48 CFR 

parts 9 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 

9.105–1 [Amended] 

2. Amend section 9.105–1 in 

paragraph (c)(3) by adding ‘‘(including 

the certification at 52.209–5 or 52.212–

3(h)—see 9.408)’’ after ‘‘proposal 

information,’’. 

3. Amend section 9.406–2 in 

paragraph (a)(3) by adding ‘‘violating tax 

laws, failing to pay taxes,’’ after ‘‘tax 

evasion,’’ and by adding paragraph 

(b)(1)(v) to read as follows: 

9.406–2 Causes for debarment. 

* * * * * 

(b)(1) * * * 

(v) Delinquent taxes or unresolved tax 

liens. 

* * * * * 

4. Amend section 9.407–2 paragraph 

(a)(3) by adding ‘‘violating tax laws, 

failing to pay taxes,’’ after ‘‘tax 

evasion,’’; redesignating paragraph (a)(7) 

as paragraph (a)(8) and by adding new 

paragraph (a)(7); to read as follows: 

9.407–2 [Amended] 

(a) * * * 

(7) Delinquent taxes or unresolved tax 

liens. 

* * * * * 

5. Amend section 9.408 by revising 

the introductory text of paragraph (a) to 

read as follows: 

9.408 Certification regarding debarment, 

suspension, proposed debarment, and 

other responsibility matters. 

(a) When an offeror provides an 

affirmative response in paragraph (a)(1) 

of provision 52.209–5 or paragraph (h) 

of provision 52.212–3, (e.g., indictment, 

conviction, debarment), the contracting 

officer shall—

* * * * * 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

6. Amend section 52.209–5 by—

a. Revising the date of the clause; 

b. Adding to paragraph (a)(1)(i)(B) 

‘‘violating tax laws, failing to pay 

taxes,’’ after ‘‘tax evasion,’’; and by 

removing ‘‘and’’ from the end of the 

paragraph; 

c. Removing the period from the end 

of paragraph (a)(1)(i)(C) and adding a 

semicolon in its place; and 

d. Adding paragraphs (a)(1)(i)(D)and 

(a)(1)(i)(E). 

The revised and added text read as 

follows: 

52.209–5 Certification Regarding 

Debarment, Suspension, Proposed 

Debarment, and Other Responsibility 

Matters. 

* * * * * 

CERTIFICATION REGARDING 

DEBARMENT, SUSPENSION, PROPOSED 

DEBARMENT, AND OTHER 

RESPONSIBILITY MATTERS (DATE) 

(a)(1) * * * 

(i) * * * 

(D) Have b have not b, within a 

three-year period preceding this offer, 

been notified of any delinquent taxes for 

which the liability remains unsatisfied; 

and 

(E) Have b have not b received notice 

of a tax lien filed against them for which 

the liability remains unsatisfied or the 

lien has not been released. 

* * * * * 

7. Amend section 52.212–3 by—

a. Revising the date of the clause; 

b. Adding to paragraph (h)(2) 

‘‘violating tax laws, failing to pay 

taxes’’, after ‘‘tax evasion’’; and 

c. Adding paragraphs (h)(4) and (h)(5). 

The revised and added text read as 

follows: 

52.212–3 Offeror Representations and 

Certifications–Commercial Items. 

* * * * * 

OFFEROR REPRESENTATIONS AND 

CERTIFICATIONS–COMMERCIAL ITEMS 

(DATE) 

* * * * * 

(h) * * * 

(4) b Have b have not, within a threeyear period preceeding this offer, been 

notified of any delinquent taxes for 

which the liability remains unsatisfied; 

and 

(5) b Have b have not received notice 

of a tax lien filed against them for which 

the liability remains unsatisfied or the 

lien has not been released. 

* * * * * 

[FR Doc. 07–1558 Filed 3–29–07; 8:45 am] 

BILLING CODE 6820–EP–S 


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