29324 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 

part of each basing alternative. A sixth 

alternative, No Action, assumes no 

aircraft would be replaced, aircraft 

operations would continue at the 

current level, and no infrastructure 

improvements or personnel changes 

related to basing the F–35B aircraft on 

the West Coast would occur. 

Potential impacts were evaluated in 

the Draft EIS under all alternatives for 

the following resources: airfields and 

airspace; noise; air quality; safety and 

environmental health; land use; 

infrastructure and utilities; 

socioeconomics; community facilities 

and services; ground traffic and 

transportation; environmental justice; 

hazardous materials management; 

biological resources; topography, 

geology and soils; water resources; and 

cultural and traditional resources. 

The preferred alternative would result 

in a reduction of 30 aircraft and 635 

military personnel at MCAS Miramar 

and an increase of 32 aircraft and 491 

military personnel at MCAS Yuma. New 

support facilities at MCAS Miramar 

would include two new hangars, 

helipad and apron expansion, wash 

racks and rinse facilities, a simulator 

facility, and a runway upgrade. New 

support facilities at MCAS Yuma would 

include four new hangars, modifications 

to an existing hangar, new wash racks, 

runway upgrades, enlisted quarters and 

dining facility, a simulator facility, new 

parking apron, and other minor 

infrastructure improvements. 

Environmental consequences of the 

proposed action would principally arise 

from construction; impacts from 

operation of the F–35B would be 

relatively minor. The Draft EIS 

enumerates an array of conservation and 

construction measures and features of 

project design and planning that would 

avoid and minimize most potential 

impacts. The proposed action would 

fully comply with regulatory 

requirements for the protection of 

environmental resources. 

Unavoidable impacts of implementing 

the preferred alternative include 

construction impacts on biological 

resources at MCAS Miramar, especially 

one threatened (Coastal California 

Gnatcatcher) and one endangered 

species (San Diego Fairy Shrimp), and 

loss of 0.05 acres of vernal pool habitat. 

Construction of an auxiliary landing 

field at the Barry M. Goldwater Range 

West would affect habitat for a species 

(flat-tailed horned lizard) proposed for 

listing as threatened. A Biological 

Assessment has been submitted to the 

U.S. Fish & Wildlife Service in 

compliance with Section 7 of the 

Endangered Species Act. 

The other alternatives have similar 

types and levels of impacts, with the 

most extensive unavoidable impacts 

occurring at MCAS Miramar under 

Alternative 5 (10 operational squadrons 

at MCAS Miramar, 1 operational and 1 

OT&E squadron at MCAS Yuma) related 

to the loss of an area supporting vernal 

pool habitat and associated federally 

listed species. 

Schedule 

The Notice of Availability publication 

in the Federal Register and local print 

media starts the 46-day public comment 

period for the Draft EIS. DoN will 

consider and respond to all written and 

electronic comments, including e-mail, 

submitted as described above in 

preparing the Final EIS. DoN intends to 

issue the Final EIS in September 2010, 

at which time an NOA will be published 

in the Federal Register and local print 

media. A Record of Decision is expected 

in December 2010. Copies of the Draft 

EIS can be found on the project Web 

site, http://www.usmcjsfwest.com or at 

the following locations: 

(1) San Diego County Public Library 

Fallbrook Branch, 124 S. Mission Road, 

Fallbrook, CA 92028, telephone: 760– 

728–2373, 

(2) San Diego Public Library Mira 

Mesa Branch, 8405 New Salem Street, 

San Diego, CA 92126, telephone: 858– 

538–8165, 

(3) Scripps-Miramar Ranch Library 

Miramar, 10301 Scripps Lake Drive, San 

Diego, CA 92131, telephone: 858–538– 

8158, 

(4) Yuma County Library Heritage 

Branch (Main Library) 350 Third 

Avenue, Yuma, AZ 85364, telephone: 

928–782–1871. 

Dated: May 18, 2010. 

A.M. Vallandingham, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Federal Register 

Liaison Officer. 

[FR Doc. 2010–12525 Filed 5–24–10; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Preferred Supplier Program (PSP) 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice of proposed policy letter. 

SUMMARY: The Deputy Assistant 

Secretary of the Navy, Acquisition and 

Logistics Management (DASN (A&LM)), 

is soliciting comments that the 

Department of the Navy (DON) may use 

in drafting a policy that will establish a 

Preferred Supplier Program (PSP). 

Under the PSP, contractors that have 

demonstrated exemplary performance, 

at the corporate level; in the areas of 

cost, schedule, performance, quality, 

and business relations would be granted 

Preferred Supplier Status (PSS). 

Contractors that achieved PSS would 

receive more favorable contract terms 

and conditions in DON contracts. Upon 

approval of the policy by the Assistant 

Secretary of the Navy for Research, 

Development and Acquisition, DON 

will initiate the pilot phase of the PSP. 

DATES: DON invites interested parties 

from both the public and private sectors 

to provide comments to be considered 

in the formulation of the final policy 

letter. In particular, DON encourages 

respondents to offer their views as 

discussed below, in Section D, 

‘‘Solicitation of Public Comment.’’ 

Interested parties should submit 

comments, in writing, to the address 

below, on or before July 15, 2010. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. 

E-mail: preferredsupplier@navy.mil. 

Facsimile: 703–614–9394. 

Mail: DASN (A&LM), ATTN: Clarence 

Belton, 1000 Navy Pentagon, Room 

BF992, Washington, DC 20350–1000. 

Instructions: Please submit comments 

only and cite ‘‘Proposed DON PSP 

Policy Letter’’ in all correspondence. All 

comments received will be posted, 

without change or redaction, to http:// 

www.regulations.gov, so commenters 

should not include information that 

they do not wish to be posted (for 

example, personal or businessconfidential). 

FOR FURTHER INFORMATION CONTACT: 

Clarence Belton, 703–693–4006 or 

clarence.belton@navy.mil. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Companies in the private sector that 

have implemented PSPs have 

significantly improved performance. 

Cash flow, profit, and contract terms 

and conditions that reduce contractor 

costs and risk are powerful incentives 

that can be used to motivate contractors 

to perform at a high level. DON and its 

contractors negotiate these key 

components of the business 

arrangement contract by contract. As a 

result of this decentralized and 

individual approach, DON loses an 

extremely important opportunity. This 

policy would establish the PSP to 

recover that opportunity through the use 

of favorable contract terms and 

conditions that would be available to 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29325 

Preferred Suppliers (i.e., suppliers that 

have demonstrated exemplary 

performance, at the corporate level, in 

the areas of cost, schedule, performance, 

quality, and business relations). 

The proposed policy is now in the 

conceptual stage. After consideration of 

the comments, DON may publish a draft 

proposed policy letter for additional 

public comments. 

C. Proposed Policy Letter Concepts 

The general outline of the pilot phase 

of the PSP, to be established under the 

proposed policy letter, is set forth 

below. 

DASN (A&LM) shall be responsible 

for the assessment of contractors under 

the PSP. DASN (A&LM) will confer PSS 

at the corporate level, and will not rate 

individual affiliates or subdivisions of 

corporations. 

DASN (A&LM) shall use the 

Contractor Performance Assessment 

Reporting System (CPARS) as the 

baseline data during the pilot phase of 

the PSP. In the course of the pilot phase, 

DON also will identify other sources of 

data, including information available to 

Navy program offices and government 

contract administration organizations 

that the Department may use to 

supplement CPARS data in 

implementing the PSP. The factors that 

DASN (A&LM) will use to assess 

contractors during the pilot phase 

include, at a minimum, the following 

CPARS areas: 

Technical (Quality of Product). 

Schedule. 

Cost Control. 

Management Responsiveness. 

Management of Key Personnel. 

Utilization of Small Business. 

Other CPARS Factors as Appropriate. 

DASN (A&LM) shall assess Energy 

Efficiency for all contractors as an 

‘‘excellence factor,’’ in addition to the 

areas above. 

During the pilot phase of the PSP, 

DON will use a 5-star system based 

upon the 5-color ratings used in CPARS, 

as follows: 

CPARS PSP 

Red ................................................. 0 

Yellow ............................................. 1 

Green .............................................. 2 

Purple ............................................. 3 

Dark Blue ........................................ 4 

DON will use the CPARS conversion 

table above, based upon CPARS data, 

and, as appropriate, other sources of 

information and weighting factors. 

Contractors must achieve at least a 3- 

Star rating to be designated as a 

Preferred Supplier. 

If a contractor provides 

documentation sufficient to establish 

that it has an Energy Efficiency Program, 

it will receive an additional star, up to 

a maximum rating of 5 Stars. A 5-Star 

rating can only be achieved if the 

contractor maintains an active Energy 

Efficiency Program, and otherwise has 

received a 4-Star rating. Failure to 

demonstrate an active Energy Efficiency 

Program will not diminish the 

contractor’s PSP rating. 

During each fiscal year, DASN 

(A&LM) shall reassess and rate the top 

25 DON contractors. The top 25 DON 

contractors will be determined by the 

value of contract awards for the most 

recent fiscal year. Other contractors may 

apply to join the PSP. DASN (A&LM) 

shall evaluate all applicants currently 

eligible for assessment in CPARS using 

the same process as it does to evaluate 

the top 25 contractors. DASN (A&LM) 

will establish a 30-day application 

period that will begin no later than 

October 1, annually. 

In negotiating contracts with Preferred 

Suppliers, DON contracting officers will 

be authorized to offer some or all of the 

following more favorable contract terms 

and conditions: 

Æ More favorable progress payments. 

Æ Recognition of PSS in the 

development of profit or fee based upon 

weighted guidelines. 

Æ Tailored contract reporting 

requirements. 

Æ Special award fee pools. 

PSS shall not be used as a factor or 

sub-factor in any source selection. 

However, where the contracting officer 

has a reasonable belief that a Preferred 

Supplier may submit a bid or proposal, 

the solicitation shall contain terms and 

conditions that will be applicable, after 

award, only if the successful offeror is 

a Preferred Supplier. 

These special terms and conditions, 

applicable to contracts with Preferred 

Suppliers, shall be consistent with the 

limitations specified in regulations 

promulgated pursuant to the Federal 

Acquisition Regulatory System. 

D. Solicitation of Public Comment 

DON invites interested parties from 

both the public and private sectors to 

provide comments for consideration in 

the formulation of a policy letter 

establishing the PSP. In particular, DON 

seeks to better understand how to 

incentivize contractors, at the corporate 

level, to achieve sustained superior 

performance in the areas of cost, 

schedule, performance, quality, and 

business relations. Accordingly, DON 

welcomes feedback regarding the 

following questions. 

1. What clauses are currently being 

used in government subcontracts, and 

commercial contracts and subcontracts, 

to incentivize superior performance, at 

the corporate level, in the areas of cost, 

schedule, performance, quality, and 

business relations? 

2. What solicitation provisions, 

contract clauses, and performance 

incentives will provide contractors with 

the greatest motivation to achieve PSS? 

3. Energy Efficiency is a critical DON 

requirement significantly impacting the 

successful achievement of DON’s 

missions. How should a contractor’s use 

of energy, as it relates to the entire lifecycle of a product—design, 

manufacture, use, maintenance, and 

disposal—be considered in the 

designation of Preferred Suppliers? 

4. Is there any other aspect of the 

proposed PSP on which you wish to 

comment? 

Dated: May 18, 2010. 

A.M. Vallandingham, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2010–12524 Filed 5–24–10; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Acting Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management invites comments on the 

submission for OMB review as required 

by the Paperwork Reduction Act of 

1995. 

DATES: Interested persons are invited to 

submit comments on or before June 24, 

2010. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, New 

Executive Office Building, Washington, 

DC 20503, be faxed to (202) 395–5806 or 

e-mailed to 

oira_submission@omb.eop.gov with a 

cc: to ICDocketMgr@ed.gov. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 


srobinson on DSKHWCL6B1PROD with NOTICES