Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Proposed Rules 44293 

1–2010), approved December 23, 2010. 

The Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may obtain a copy 

from Specialty Vehicle Institute of 

America, 2 Jenner, Suite 150, Irvine, 

California 92618–3806; telephone 949– 

727–3727 ext.3023; http://www.svia.org. 

You may inspect a copy at the Office of 

the Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, MD 

20814, telephone 301–504–7923, or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Dated: July 19, 2011. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–18552 Filed 7–22–11; 8:45 am] 

BILLING CODE 6355–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0426; FRL–9442–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to Permits by Rule and 

Regulations for Control of Air Pollution 

by Permits for New Construction or 

Modification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

portions of three revisions to the Texas 

State Implementation Plan (SIP) 

submitted by the State of Texas on 

August 31, 1993, July 22, 1998, and 

October 5, 2010. These revisions amend 

existing sections and create new 

sections in Title 30 of the Texas 

Administrative Code (TAC), chapter 

116—Control of Air Pollution by 

Permits for New Construction or 

Modification. The August 31, 1993, 

revision creates two new sections at 

116.174 and 116.175 for the use of 

emission reductions as offsets in new 

source review permitting. The July 22, 

1998, revision creates new section 

116.116(f) allowing for the use of 

Discrete Emission Reduction Credits 

(DERC) to exceed emission limits in 

permits (permit allowables) and amends 

section 116.174 to update internal 

citations to other Texas regulations. The 

October 5, 2010, revision amends 

section 116.116(f) to update internal 

citations to other Texas regulations. The 

Commission submitted this amendment 

to EPA to process as a revision to the 

Texas SIP. EPA has determined that 

these SIP revisions comply with the 

Clean Air Act and EPA regulations, are 

consistent with EPA policies, and will 

improve air quality. This action is being 

taken under section 110 of the Federal 

Clean Air Act (the Act). 

DATES: Written comments must be 

received on or before August 24, 2011. 

ADDRESSES: Comments may be mailed to 

Ms. Erica Le Doux, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Comments 

may also be submitted electronically or 

through hand delivery/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: Ms. 

Erica Le Doux, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7265; fax number 

214–665–6762; e-mail address 

ledoux.erica@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated. If 

EPA receives relevant 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. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

Dated: July 12, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–18576 Filed 7–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

48 CFR Parts 205, 208, 212, 213, 214, 

215, 216, 252 

RIN 0750–AH11 

Defense Acquisition Regulations 

System; Defense Federal Acquisition 

Regulation Supplement; Only One 

Offer (DFARS Case 2011–D013) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense FAR Supplement (DFARS) 

to address acquisitions using 

competitive procedures in which only 

one offer is received. With some 

exceptions, the contracting officer must 

resolicit for an additional period of at 

least 30 days, if the solicitation allowed 

fewer than 30 days for receipt of 

proposals and only one offer is received. 

If a period of at least 30 days was 

allowed for receipt of proposals, the 

contracting officer must determine 

prices to be fair and reasonable through 

price or cost analysis or enter 

negotiations with the offeror. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

September 23, 2011, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2011–D013, 

using any of the following methods: 

Æ Regulations.gov. http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘DFARS Case 2011–D013’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2011– 

D013.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2011– 

D013’’ on your attached document. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2011–D013 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy 

Williams, OUSD (AT&L) DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
44294 Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Proposed Rules 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check http://www.regulations.gov 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, (703) 602–0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This DFARS case addresses DoD 

policy with regard to acquisitions using 

competitive procedures in which only 

one offer is received. This case was 

initiated to implement the initiative on 

promoting real competition that was 

presented by the Under Secretary of 

Defense for Acquisition, Technology, & 

Logistics in a memorandum dated 

November 3, 2010. This memorandum 

was further implemented by 

memoranda from the Director, Defense 

Procurement and Acquisition Policy, 

dated November 24, 2010, and April 27, 

2011. 

In order to promote competition, the 

proposed rule adds a new section at 

DFARS 215.371. DFARS 215.371 states 

the DoD policy that adequate price 

competition does not exist if only one 

offer is received. When issuing a 

competitive solicitation, the contracting 

officer must specify in the solicitation 

what cost or pricing data may be 

required if only one offer is received. 

If only one offer is then received, and 

the solicitation allowed fewer than 30 

days for receipt of offers, then the 

contracting officer must consider 

whether the statement of work should 

be revised to promote more competition, 

and then resolicit, allowing an 

additional period of at least 30 days for 

receipt of proposals. 

If the solicitation allowed at least 30 

days for receipt of proposals and only 

one offer is received, the contracting 

officer must obtain from the offeror, in 

accordance with the solicitation, any 

data necessary to establish a fair and 

reasonable price. The contracting officer 

shall then determine through cost or 

price analysis, as appropriate, that the 

price is fair and reasonable through 

price or cost analysis or enter 

negotiations with the offeror. The basis 

for these negotiations shall be either 

certified cost or pricing data or other 

than certified cost or pricing data, as 

appropriate (see FAR 15.403–1(c), 

215.403–1(c), and FAR 15.403–3(b)). 

The negotiated price should not exceed 

the offered price. 

The head of the contracting activity is 

authorized to waive the requirement to 

resolicit for an additional period of at 

least 30 days. This waiver authority can 

be delegated to a level no lower than 

one level above the contracting officer. 

The rule proposes exceptions for 

acquisitions that are at or below the 

simplified acquisition threshold; or 

acquisitions that are in support of 

contingency, humanitarian, or 

peacekeeping operations, or to facilitate 

defense against or recovery from 

nuclear, biological, chemical, or 

radiological attack. The applicability of 

an exception does not eliminate the 

need for the contracting officer to seek 

maximum practicable competition and 

to ensure that the price is fair and 

reasonable. 

This proposed rule applies a more 

stringent policy for determination of 

adequate price competition than is 

allowed by FAR 15.403–1(c)(1)(ii). FAR 

15.403–1(c)(1)(ii) provides that if only 

one offer is received, the contracting 

officer may nevertheless determine that 

there was adequate price competition, if 

the contracting officer can reasonably 

conclude that the offer was submitted 

with the expectation of competition and 

this determination is approved at a level 

above the contracting officer. This rule 

proposes that, unless an exception 

applies, if only one offer is received, the 

contracting officer shall not use the 

standard at FAR 15.403–1(c)(1)(ii) to 

determine that the offered price is based 

on adequate competition 

The rule proposes two provisions. 

The provision at 252.215–70WW, Notice 

of Intent to Resolicit, notifies offerors 

that the solicitation provides offerors 

fewer than 30 days to submit proposals 

and that, in the event that only one offer 

is received in response to the 

solicitation, the contracting officer may 

cancel the solicitation and resolicit for 

an additional period of at least 30 days. 

The provision at 252.215–70XX, Only 

One Offer, notifies offerors that if only 

one offer is received and the contracting 

officer decides to conduct negotiations, 

then the offeror must provide the data 

specified in FAR 52.215–20. The 

negotiated price should not exceed the 

offered price. These provisions must 

also be used in acquisitions of 

commercial items conducted using part 

212 competitive procedures. 

The proposed rule also applies to 

acquisitions under subpart 208.4, part 

212, subpart 213.5, part 214, and 

subpart 216.5. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. 

This is a significant regulatory action 

and, therefore, was subject to review 

under section 6(b) of E.O. 12866, 

Regulatory Planning and Review, dated 

September 30, 1993. This rule is not a 

major rule under 5 U.S.C. 804. 

III. Regulatory Flexibility Act 

DoD does not expect this 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 this rule does not impose 

economic burdens on offerors or 

contractors. However, DoD has prepared 

an initial regulatory flexibility analysis, 

which is summarized as follows: 

The objective of the rule is to promote 

competition by implementing DoD 

policy with regard to acquisitions when 

only one offer is received in response to 

a solicitation issued using competitive 

procedures. The purpose and effect of 

this rule is to promote real competition 

by ensuring that adequate time is 

allowed for receipt of offers; and 

ensuring that prices are fair and 

reasonable when adequate time has 

been allowed, but nevertheless, only 

one offer is received in response to a 

competitive solicitation. 

The legal basis is 41 U.S.C. 1303 and 

48 CFR chapter 1. 

The proposed rule affects only those 

small entities that respond to a Federal 

competitive solicitation and no other 

offer is received. 

The Federal Procurement Data System 

provided the following data for FY 2010 

on DoD competitive awards valued 

above $150,000: 


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Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Proposed Rules 44295 

DOD COMPETITIVE AWARDS VALUED ABOVE $150,000 

All competitive 

> SAT Only one offer 1 Offer/small business 

New Contracts or Purchase Orders .......................................................................... 54,240 14,747 3,542 

New Orders, FSS ...................................................................................................... 4,246 1,654 818 

New Orders, non-FSS ............................................................................................... 12,883 2,935 788 

Total .................................................................................................................... 71,369 19,336 5,148 

The proposed rule imposes no 

reporting, recordkeeping, or other 

information collection requirements. 

The submission of certified cost or 

pricing data or other than certified cost 

or pricing data is covered in FAR 

subpart 15.4 and associated clauses in 

FAR 52.215, OMB clearance number 

9000–013. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

There are no known significant 

alternatives to the rule that would 

adequately implement the DoD policy. 

DoD has exempted acquisitions below 

the simplified acquisition threshold. 

There is no significant economic impact 

on small entities and any impact of this 

rule on small business is expected to be 

predominantly positive, by allowing 

more opportunity for competition. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 

5 U.S.C. 610 (DFARS Case 2011–D013) 

in correspondence. 

IV. Paperwork Reduction Act 

The proposed rule does not impose 

any additional information collection 

requirements that require approval by 

the Office of Management and Budget 

under the Paperwork Reduction Act (5 

U.S.C. chapter 35). The submission of 

certified cost or pricing data or other 

than certified cost or pricing data 

required for negotiation is covered in 

FAR 15.4 and associated clauses in FAR 

52.215, OMB clearance number 9000– 

013. 

List of Subjects in 48 CFR Parts 205, 

208, 212, 213, 214, 215, 216, and 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 205, 208, 212, 

213, 214, 215, 216, and 252 are 

proposed to be amended as follows: 

1. The authority citation for 48 CFR 

parts 205, 208, 212, 213, 214, 215, 216, 

and 252 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

2. Amend section 205.203 by adding 

paragraph (S–70) to read as follows: 

205.203 Publicizing and response time. 

* * * * * 

(S–70) When using competitive 

procedures, if a solicitation allowed 

fewer than 30 days for receipt of offers 

and resulted in only one offer, the 

contracting officer shall resolicit, 

allowing an additional period of at least 

30 days for receipt of offers, except as 

provided in 215.371 (d) and (e). 

PART 208—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

3. Amend section 208.405–70 by 

revising paragraph (c), redesignating 

paragraph (d) as paragraph (e), and 

adding new paragraph (d) to read as 

follows: 

* * * * * 

(c)(1) An order exceeding $150,000 is 

placed on a competitive basis only if the 

contracting officer provides a fair notice 

of the intent to make the purchase, 

including a description of the supplies 

to be delivered or the services to be 

performed and the basis upon which the 

contracting officer will make the 

selection, to— 

(i) As many schedule contractors as 

practicable, consistent with market 

research appropriate to the 

circumstances, to reasonably ensure that 

offers will be received from at least 

three contractors that can fulfill the 

requirements, and the contracting 

officer— 

(A)(1) Receives offers from at least 

three contractors that can fulfill the 

requirements; or 

(2) Determines in writing that no 

additional contractors that can fulfill the 

requirements could be identified despite 

reasonable efforts to do so 

(documentation should clearly explain 

efforts made to obtain offers from at 

least three contractors); and 

(B) Ensures all offers received are 

fairly considered; or 

(ii) All contractors offering the 

required supplies or services under the 

applicable multiple award schedule, 

and affords all contractors responding to 

the notice a fair opportunity to submit 

an offer and have that offer fairly 

considered. 

(2) If only one offer is received, follow 

the procedures at 215.371. 

(d) Use the provisions at 252.215– 

70WW, Notice of Intent To Resolicit, 

and 252.215–70XX, Only One Offer, as 

prescribed at 215.408(3) and (4), 

respectively. 

* * * * * 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

4. Add new section 212.205 to read as 

follows: 

212.205 Offers. 

(c) When using competitive 

procedures, if the solicitation allows 

fewer than 30 days response time and 

only one offer is received, the 

contracting officer shall follow the 

procedures at 215.371. 

5. Amend section 212.301 by adding 

paragraph (f)(xvi) to read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f)* * * 

(xvi) Use the provisions at 252.215– 

70WW, Notice of Intent To Resolicit, 

and 252.215–70XX, Only One Offer, as 

prescribed at 215.408(3) and (4), 

respectively. 

PART 213—SIMPLIFIED ACQUISITION 

PROCEDURES 

6. Add new section 213.003 to read as 

follows: 

213.003 Policy. 

(g)(2) For acquisitions that exceed the 

simplified acquisition threshold but are 

utilizing competitive simplified 

acquisition procedures under the Test 

Program for Certain Commercial Items, 

as described in FAR subpart 13.5, follow 


srobinson on DSK4SPTVN1PROD with PROPOSALS
44296 Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Proposed Rules 

the procedures at 215.371 if only one 

offer is received. 

PART 214—SEALED BIDDING 

7. Add new section 214.201–6 to read 

as follows: 

214.201–6 Solicitation provisions. 

(2) Use the provisions at 252.215– 

70WW, Notice of Intent To Resolicit, 

and 252.215–70XX, Only One Offer, as 

prescribed at 215.408(3) and (4), 

respectively. 

8. Add new section 214.209 to read as 

follows: 

214.209 Cancellation of invitations before 

opening. 

If an invitation for bids allowed fewer 

than 30 days for receipt of offers, and 

resulted in only one offer, the 

contracting officer shall cancel and 

resolicit, allowing an additional period 

of at least 30 days for receipt of offers, 

as provided in 215.371. 

9. Revise section 214.404–1 to read as 

follows: 

214.404–1 Cancellation of invitations after 

opening. 

(1) The contracting officer shall make 

the written determinations required by 

FAR 14.404–1(c) and (e). 

(2) If only one offer is received, follow 

the procedures at 215.371. 

10. Add new sections 214.408 and 

214.408–1 to read as follows: 

214.408 Award. 

214.408–1 General. 

(b) For acquisitions that exceed the 

simplified acquisition threshold, if only 

one offer is received, follow the 

procedures at 215.371. 

PART 215—CONTRACTING BY 

NEGOTIATION 

11. Add new section 215.371 to read 

as follows: 

215.371 Only one offer. 

(a) It is DoD policy that the 

circumstance of ‘‘reasonable expectation 

that two or more offerors, competing 

independently, would submit priced 

offers,’’ as further described at FAR 

15.403–1(c)(1)(ii), does not constitute 

adequate price competition if only one 

offer is received. 

(b) Additional cost or pricing data 

may be required if the contracting 

officer only receives one offer, when 

two or more offers were expected. 

Therefore, when using competitive 

procedures, except as provided in 

paragraphs (d) and (e) of this section, 

the contracting officer shall— 

(1) Use FAR 15.402 and 15.403, 

except for 15.403-(c)(1)(ii), to determine 

what cost or pricing data may be 

required if only one offer is received 

(see additional guidance at PGI 

215.371); and 

(2) Identify the data that may be 

needed by including FAR 52.215–20, 

Requirements for Certified Cost or 

Pricing Data and Data Other Than 

Certified Cost or Pricing Data, in the 

solicitation in accordance with the 

clause prescription at 215.408(4)(ii). 

(c) Except as provided in paragraphs 

(d) and (e) of this section, if competitive 

procedures were used and only one 

offer is received— 

(1) If the solicitation allowed fewer 

than 30 days for receipt of proposals, 

the contracting officer shall— 

(i) Consult with the requiring activity 

as to whether the statement of work 

should be revised in order to promote 

more competition; and 

(ii) Resolicit, allowing an additional 

period of at least 30 days for receipt of 

proposals. 

(2) If the solicitation allowed at least 

30 days for receipt of proposals, or if the 

requirement of paragraph (c)(1)(ii) of 

this section has been waived in 

accordance with paragraph (d) of this 

section, the contracting officer shall— 

(i) Obtain from the offeror any data 

necessary to establish a fair and 

reasonable price in accordance with 

FAR provision 52.215–20; and 

(ii) Determine through cost or price 

analysis, as appropriate, that the offered 

prices are fair and reasonable or enter 

into negotiations with the offeror. If the 

contracting officer decides to enter 

negotiations, the negotiated price 

should not exceed the offered price. 

(d) Waiver. 

(1) The head of the contracting 

activity is authorized to waive the 

requirement of paragraph (c)(1) of this 

section, to resolicit for an additional 

period of at least 30 days. 

(2) This waiver authority cannot be 

delegated below one level above the 

contracting officer. 

(e) Exceptions. 

(1) The requirements of this section 

do not apply to acquisitions— 

(i) At or below the simplified 

acquisition threshold; or 

(ii) In support of contingency, 

humanitarian or peacekeeping 

operations, or to facilitate defense 

against or recovery from nuclear, 

biological, chemical, or radiological 

attack. 

(2) The applicability of an exception 

in paragraph (e)(1) of this section does 

not eliminate the need for the 

contracting officer to seek maximum 

practicable competition and to ensure 

that the price is fair and reasonable. 

12. Amend section 215.403–1 by 

revising paragraph (c) to read as follows: 

215.403–1 Prohibition on obtaining cost or 

pricing data (10 U.S.C. 2306a and 41 U.S.C. 

254b). 

* * * * * 

(c) Standards for exceptions from cost 

or pricing data requirements. 

(1) Adequate price competition. 

(A) For acquisitions under dual or 

multiple source programs: 

(1) The determination of adequate 

price competition must be made on a 

case-by-case basis. Even when adequate 

price competition exists, in certain cases 

it may be appropriate to obtain 

additional information to assist in price 

analysis. 

(2) Adequate price competition 

normally exists when— 

(i) Prices are solicited across a full 

range of step quantities, normally 

including a 0–100 percent split, from at 

least two offerors that are individually 

capable of producing the full quantity; 

and 

(ii) The reasonableness of all prices 

awarded is clearly established on the 

basis of price analysis (see FAR 15.404– 

1(b)). 

(B) In accordance with 215.371, if 

only one offer is received, the 

contracting officer shall not use the 

standard at FAR 15.403–1(c)(1)(ii) to 

determine that the offered price is based 

on adequate competition. 

13. Amend section 215.408 by adding 

paragraphs (3) and (4) to read as follows: 

215.408 Solicitation provisions and 

contract clauses. 

* * * * * 

(3) Use the provision at 252.215– 

70WW, Notice of Intent to Resolicit, in 

competitive solicitations that will be 

solicited for fewer than 30 days, unless 

the requirement is waived in accordance 

with 215.371(d) or an exception at 

215.371(e) applies. 

(4)(i) Use the provision at 252.215– 

70XX, Only One Offer, in competitive 

solicitations unless the requirement is 

waived in accordance with 215.371(d) 

or an exception at 215.371(e) applies. 

(ii) In solicitations that include 

252.215–70XX, Only One Offer, also 

include the provision at FAR 52.215–20, 

Requirements for Certified Cost or 

Pricing Data and Data Other Than 

Certified Cost or Pricing Data, with any 

appropriate alternate as prescribed at 

FAR 15.408–1, but that provision will 

only take effect as specified in 252.215– 

70XX. 

PART 216—TYPES OF CONTRACTS 

14. Amend section 216.505–70 by 

revising paragraph (d) to read as 

follows: 


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Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Proposed Rules 44297 

216.505–70 Orders under multiple award 

contracts. 

* * * * * 

(d) When using the procedures in this 

subsection— 

(1) The contracting officer should 

keep contractor submission 

requirements to a minimum; 

(2) The contracting officer may use 

streamlined procedures, including oral 

presentations; 

(3) If only one offer is received, the 

contracting officer shall follow the 

procedures at 215.371. 

(4) The competition requirements in 

FAR part 6 and the policies in FAR 

subpart 15.3 do not apply to the 

ordering process, but the contracting 

officer shall consider price or cost under 

each order as one of the factors in the 

selection decision; and 

(5) The contracting officer should 

consider past performance on earlier 

orders under the contract, including 

quality, timeliness, and cost control. 

15. Amend section 216.506 by adding 

paragraph (S–70) to read as follows: 

216.506 Solicitation provisions and 

contract clauses. 

* * * * * 

(S–70) Use the provisions at 252.215– 

70WW, Notice of Intent to Resolicit, and 

252.215–70XX, Only One Offer, as 

prescribed at 215.408(3) and (4), 

respectively. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

16. Add new section 252.215–70WW 

to read as follows: 

252.215–70WW Notice of Intent to 

Resolicit. 

As prescribed at 215.408(3), use the 

following provision: 

Notice of Intent to Resolicit (Date). 

This solicitation provides offerors fewer 

than 30 days to submit proposals. In the 

event that only one offer is received in 

response to this solicitation, the 

Contracting Officer may cancel the 

solicitation and resolicit for an 

additional period of at least 30 days in 

accordance with 215.371(c)(1)(ii). 

(End of provision). 

17. Add new section 252.215–70XX to 

read as follows: 

252.215–70XX Only One Offer. 

As prescribed at 215.408(4), use the 

following provision: 

Only One Offer (Date). 

(a) The provision at FAR 52.215–20, 

Requirements for Certified Cost or 

Pricing Data and Data other Than 

Certified Cost or Pricing Data, with any 

alternate included in this solicitation, 

does not take effect unless the 

Contracting Officer notifies the offeror 

that only one offer was received. 

(b) Upon notification that only one 

offer was received, the offeror shall 

provide any data requested by the 

Contracting Officer in accordance with 

FAR 52.215–20. 

(c) If negotiations are conducted, the 

negotiated price should not exceed the 

offered price. 

(End of provision). 

[FR Doc. 2011–18379 Filed 7–22–11; 8:45 am] 

BILLING CODE 5001–08p–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 680 

RIN 0648–AX47 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Allocating Bering Sea 

and Aleutian Islands King and Tanner 

Crab Fishery Resources 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of fishery 

management plan amendment; request 

for comments. 

SUMMARY: The Bering Sea/Aleutian 

Islands (BSAI) Crab Rationalization 

Program (CR Program) allocates BSAI 

crab resources among harvesters, 

processors, and coastal communities. 

Amendment 30 would amend the 

Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs (FMP) and the CR Program to 

modify procedures for producing and 

submitting documents that are required 

under the arbitration system to resolve 

price, delivery, and other disputes 

between harvesters and processors. This 

action is intended to promote the goals 

and objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the FMP, and other applicable 

laws. 

DATES: Comments on the amendment 

must be submitted on or before 

September 23, 2011. 

ADDRESSES: Send comments to Glenn 

Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘RIN 0648– 

AX47’’, by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal Web site at 

http://www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

Copies of Amendment 30, the 

Regulatory Impact Review (RIR)/Initial 

Regulatory Flexibility Analysis (IRFA), 

the categorical exclusion prepared for 

this action, and the Environmental 

Impact Statement (EIS) prepared for the 

Crab Rationalization Program may be 

obtained from the NMFS Alaska Region 

at the address above or from the Alaska 

Region Web site at http:// 

www.fakr.noaa.gov/ 

sustainablefisheries.htm. 

FOR FURTHER INFORMATION CONTACT: 

Forrest R. Bowers, 907–586–7240. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Act requires that 

each regional fishery management 

council submit any fishery management 

plan amendment it prepares to NMFS 

for review and approval, disapproval, or 

partial approval by the Secretary of 

Commerce (Secretary). The MagnusonStevens Act also requires that NMFS, 

upon receiving a fishery management 

plan amendment, immediately publish a 

notice in the Federal Register 

announcing that the amendment is 

available for public review and 

comment. 

The king and Tanner crab fisheries in 

the exclusive economic zone of the 

BSAI are managed under the FMP. The 

FMP was prepared by the North Pacific 

Fishery Management Council (Council) 

under the Magnuson-Stevens Act as 

amended by the Consolidated 

Appropriations Act of 2004 (Pub. L. 

108–199, section 801). Amendments 18 

and 19 to the FMP amended the FMP to 

include the CR Program. Regulations 


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