Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Rules and Regulations 13287 

in 40 U.S.C.502(c)(3)(A), when a public 

health emergency has been declared by the 

Secretary of Health and Human Services 

under section 319 of the Public Health 

Services Act. The GSA program 

implementing this authority is the Public 

Health Emergencies program. 

(14) FAR subpart 51.1, which provides for 

the use by contractors, including 

subcontractors, when such use is authorized 

pursuant to FAR subpart 51.1. 

(b) [Reserved] 

(End of clause) 

552.238–114 Use of Federal Supply 

Schedule Contracts by Eligible Non-Federal 

Entities. 

As prescribed in 538.7005, insert the 

following clause: 

Use of Federal Supply Schedule Contracts by 

Eligible Non-Federal Entities (Mar 2024) 

(a) Definition—Non-Federal entity, as used 

in this clause, means any State, local, 

territorial, or Tribal government, or any 

instrumentality thereof (including any local 

educational agency or institution of higher 

education); and any other non-Federal 

organization (e.g., a qualified nonprofit 

agency as defined in 40 U.S.C. 502(b)). 

(b) Responsibilities. Eligible non-Federal 

entities are responsible for complying with— 

(1) FSS ordering guidance. Information 

about GSA’s FSS contracts, including 

ordering guidance is available at https://

www.gsa.gov/schedules; and 

(2) Any conditions of the underlying 

authority(ies) supporting the use of FSS 

contracts (e.g., 40 U.S.C. 502(c) limits 

purchases to specific supplies and services 

available under FSS contracts). 

(c) Acceptance. (1) The Contractor is 

encouraged, but not obligated, to accept 

orders from eligible non-Federal entities 

under this contract. The Contractor may, 

within 5 business days of receipt of an order, 

reject an order from an eligible non-Federal 

entity for any reason. However, purchase 

card orders must be rejected within 24 hours 

of receipt of the order. Failure to reject an 

order within these timeframes shall 

constitute acceptance. 

(2) The Contractor is encouraged, but not 

obligated, to enter into blanket purchase 

agreements (BPAs) with eligible non-Federal 

entities under the terms of this contract. The 

Contractor should respond to any requests to 

enter into a BPA within 5 business days of 

receipt of the request. 

(d) Conditions of acceptance. If the 

Contractor accepts an order from or enters 

into a BPA with an eligible non-Federal 

entity under this contract, the following 

conditions apply: 

(1) For orders, a separate contract is formed 

between the Contractor and the eligible nonFederal entity (herein ‘‘the parties’’). For 

BPAs, a separate agreement is formed 

between the parties. 

(2) The resultant order or BPA shall 

incorporate by reference all the terms and 

conditions of this contract except for: 

(i) FAR clause 52.233–1, Disputes, and 

(ii) Paragraphs (d) Disputes, (h) Patent 

indemnity, and (r) Compliance with laws 

unique to Government contracts, of GSAR 

clause 552.212–4, Contract Terms and 

Conditions—Commercial Products and 

Commercial Services. 

(3) The U.S. Government is not liable for 

the performance or nonperformance of any 

order or BPA entered into under this contract 

by the parties. Disputes which cannot be 

resolved by the parties may be litigated in 

any State or Federal court with jurisdiction 

over the parties, applying Federal 

procurement law, including statutes, 

regulations, and case law, and, if pertinent, 

the Uniform Commercial Code. To the extent 

authorized by law, the parties are encouraged 

to resolve disputes through alternative 

dispute resolution. 

(4) Neither party will look to, primarily or 

in any secondary capacity, or file any claim 

against the U.S. Government or any of its 

agencies with respect to any failure of 

performance by the other party. 

(e) Additional terms and conditions. Terms 

and conditions required by statute, 

ordinance, regulation, or as otherwise 

required by an eligible non-Federal entity 

may be made a part of an order or a BPA to 

the extent that these terms and conditions do 

not conflict with the terms and conditions of 

this contract. The Contractor should review 

any such additional terms and conditions 

prior to accepting an order or entering into 

a BPA with an eligible non-Federal entity. 

(f) Payment. (1) The Contractor is 

responsible for obtaining all payments due to 

the Contractor from the eligible non-Federal 

entity under the terms and conditions of the 

order or the BPA entered into under this 

contract, without recourse to the U.S. 

Government or any of its agencies that 

awarded this contract or administer this 

contract. 

(2) If an eligible non-Federal entity is 

subject to a State prompt payment law, the 

terms and conditions of the applicable State 

law apply to the orders placed under this 

contract by such entities. If an eligible nonFederal entity is not subject to a State prompt 

payment law, the terms and conditions of 

paragraph (i) of the GSAR clause at 552.212– 

4, apply to such entities in the same manner 

as to Federal entities. 

(g) Fee and sales reporting. The 

requirements of the GSAR clause at 552.238– 

80, Industrial Funding Fee and Sales 

Reporting, apply to any sales to eligible nonFederal entities under this contract. 

(End of clause) 

[FR Doc. 2024–03605 Filed 2–21–24; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230224–0053; RTID 0648– 

XD654] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Pot Gear in the Western 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels using 

pot gear in the Western Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the A 

season allowance of the 2024 total 

allowable catch (TAC) of Pacific cod by 

vessels using pot gear in the Western 

Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), February 19, 2024, 

through 1200 hours, A.l.t., June 10, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Adam Zaleski, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season allowance of the 2024 

Pacific cod TAC apportioned to vessels 

using pot gear in the Western Regulatory 

Area of the GOA is 1,182 metric tons 

(mt) as established by the final 2023 and 

2024 harvest specifications for 

groundfish in the GOA (88 FR 13238, 

March 2, 2023) and inseason adjustment 

(88 FR 88840, December 26, 2023). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2024 Pacific cod TAC 

apportioned to vessels using pot gear in 

the Western Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 1,175 mt 

and is setting aside the remaining 7 mt 


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13288 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Rules and Regulations 

as bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels using pot gear in the Western 

Regulatory Area of the GOA. 

While this closure is effective, the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the closure of Pacific 

cod by vessels using pot gear in the 

Western Regulatory Area of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of February 15, 

2024. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 16, 2024. 

Everett Wayne Baxter, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–03601 Filed 2–16–24; 4:15 pm] 

BILLING CODE 3510–22–P 


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