1822 Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Rules and Regulations 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 5, 2007. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(350)(i)(C) and 

(c)(352) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(350) * * * 

(i) * * * 

(C) San Joaquin Valley Unified Air 

Pollution Control District. 

(1 ) Rule 4702, adopted on August 21, 

2003 and amended on January 18, 2007. 

* * * * * 

(352) New and amended regulations 

were submitted on September 5, 2007, 

by the governor’s designee. 

(i) Incorporation by reference. 

(A) Sacramento Metropolitan Air 

Quality Management District. 

(1 ) Rule 413, adopted on April 6, 

1995 and amended on March 24, 2005. 

[FR Doc. E8–171 Filed 1–9–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 212, and 252 

RIN 0750–AF55 

Defense Federal Acquisition 

Regulation Supplement; DoD 

Representations and Certifications in 

the Online Representations and 

Certifications Application (DFARS 

Case 2006–D032) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to address the DFARS 

provisions included in the Online 

Representations and Certifications 

Application (ORCA). Use of ORCA 

eliminates the need for offerors to 

repetitively submit the same 

information in response to Government 

solicitations. 

DATES: Effective Date: January 10, 2008. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Felisha Hitt, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0310; 

facsimile 703–602–7887. Please cite 

DFARS Case 2006–D032. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Subpart 4.12 of the Federal 

Acquisition Regulation (FAR) requires 

prospective contractors to complete 

electronic annual representations and 

certifications in ORCA, in conjunction 

with required registration in the Central 

Contractor Registration database. FAR 

4.1202 prescribes use of the solicitation 

provision at 52.204–8, Annual 

Representations and Certifications; 

provides a list of the FAR 

representations and certifications in 

ORCA; and provides direction to the 

contracting officer to exclude those 

representations and certifications from 

solicitations that contain the clause at 

FAR 52.204–7, Central Contractor 

Registration. 

Similarly, this DFARS rule contains a 

list of the DFARS representations and 

certifications in ORCA, and provides 

direction to the contracting officer to 

exclude those representations and 

certifications when using the provision 

at FAR 52.204–8. In addition, the 

DFARS rule contains a substitute 

paragraph (c) for use with the provision 

at FAR 52.204–8 to permit inclusion of 

information relating to both the FAR 

and the DFARS. An offeror must 

include information in paragraph (c) 

only if changes to the offeror’s annual 

representations and certifications apply 

to a particular solicitation. 

DoD published a proposed rule at 72 

FR 6515 on February 12, 2007. DoD 

received comments from one 

respondent. A discussion of the 

comments is provided below. 

1. Comment: The respondent 

suggested administrative changes to the 

organization of the contents of ORCA to 

enhance the certification process. 

DoD Response: The comment is 

outside the scope of this DFARS case. 

However, the comment has been 

forwarded to the Government officials 

responsible for managing the ORCA 

system. 

2. Comment: The respondent 

recommended revision of the 

introductory statement at 204.1202(2), 

from ‘‘Do not include the following 

representations and certifications’’ to 

‘‘Do not include the following 

representations and certifications in 

solicitations and contracts.’’

DoD Response: DoD believes that the 

direction in the introductory statement 

is clear as written, and that the 

additional phrase is unnecessary. 

3. Comment: The respondent 

recommended amendment of the second 

sentence in the introductory text at 

212.301(f) pertaining to commercial 

item solicitations, to change ‘‘may’’ to 

‘‘shall’’ with regard to direction to the 

contracting officer to consider the 

information in ORCA. 

DoD Response: DoD has retained 

‘‘may’’ in this sentence to provide 

flexibility to the contracting officer in 

the review of representations and 

certifications. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD has prepared a final regulatory 

flexibility analysis consistent with 5 

U.S.C. 604. A copy of the analysis may 

be obtained from the point of contact 

specified herein. The analysis is 

summarized as follows: 

The objective of the rule is to 

maintain a centralized location for the 

representation and certification 

information required by the DFARS, 

thereby eliminating the need for offerors 

to submit the same information to 

various DoD offices in response to 

individual solicitations. The rule will 

apply to prospective DoD contractors 

registered in the Central Contractor 

Registration database. FAR 4.1102 

requires that prospective contractors be 

registered in the database before the 

award of a contract or agreement, with 

certain exceptions. Administrative 

personnel that have general knowledge 

of the contractor’s business should be 

able to enter the applicable 

representation and certification 

information into ORCA. The rule is 

expected to have a positive impact on 

small business concerns by reducing 

administrative burdens. 

C. Paperwork Reduction Act 

The information collection 

requirements of the representations and 

certifications addressed in this rule that 

require offerors to provide specific fillin information have been approved by 


yshivers on PROD1PC62 with RULES
Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Rules and Regulations 1823 

the Office of Management and Budget 

under Control Numbers 0704–0229, 

0704–0245, and 0704–0259. This rule 

does not impose information collection 

requirements beyond those already 

required by existing DFARS 

representations and certifications. 

List of Subjects in 48 CFR Parts 204, 

212, and 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 204, 212, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 204, 212, and 252 continues to 

read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

■ 2. Subpart 204.12 is added to read as 

follows: 

Subpart 204.12—Annual 

Representations and Certifications 

204.1202 Solicitation provision and 

contract clause. 

When using the provision at FAR 

52.204–8, Annual Representations and 

Certifications—

(1) Use the provision with 252.204–

7007, Alternate A, Annual 

Representations and Certifications; and 

(2) Do not include the following 

representations and certifications: 

(i) 252.209–7005, Reserve Officer 

Training Corps and Military Recruiting 

on Campus. 

(ii) 252.212–7000, Offeror 

Representations and Certifications—

Commercial Items. 

(iii) 252.216–7003, Economic Price 

Adjustment—Wage Rates or Material 

Prices Controlled by a Foreign 

Government. 

(iv) 252.225–7000, Buy American 

Act—Balance of Payments Program 

Certificate. 

(v) 252.225–7020, Trade Agreements 

Certificate. 

(vi) 252.225–7031, Secondary Arab 

Boycott of Israel. 

(vii) 252.225–7035, Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program Certificate. 

(viii) 252.225–7042, Authorization to 

Perform. 

(ix) 252.229–7003, Tax Exemptions 

(Italy). 

(x) 252.229–7005, Tax Exemptions 

(Spain). 

(xi) 252.239–7011, Special 

Construction and Equipment Charges. 

(xii) 252.247–7022, Representation of 

Extent of Transportation by Sea. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 3. Section 212.301 is amended by 

adding paragraph (f) introductory text to 

read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) The following additional 

provisions and clauses apply to DoD 

solicitations and contracts for the 

acquisition of commercial items. If the 

offeror has completed the provisions 

listed in paragraph (f)(i) or (ii) of this 

section electronically as part of its 

annual representations and 

certifications at https://orca.bpn.gov, the 

contracting officer may consider this 

information instead of requiring the 

offeror to complete these provisions for 

a particular solicitation. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Section 252.204–7007 is added to 

read as follows: 

252.204–7007 Alternate A, Annual 

Representations and Certifications. 

Alternate A, Annual Representations 

and Certifications (JAN 2008) 

As prescribed in 204.1202, substitute 

the following paragraph (c) for 

paragraph (c) of the provision at FAR 

52.204–8: 

(c) The offeror has completed the 

annual representations and 

certifications electronically via the 

Online Representations and 

Certifications Application (ORCA) Web 

site at https://orca.bpn.gov/. After 

reviewing the ORCA database 

information, the offeror verifies by 

submission of the offer that the 

representations and certifications 

currently posted electronically have 

been entered or updated within the last 

12 months, are current, accurate, 

complete, and applicable to this 

solicitation (including the business size 

standard applicable to the NAICS code 

referenced for this solicitation), as of the 

date of this offer, and are incorporated 

in this offer by reference (see FAR 

4.1201); except for the changes 

identified below [offeror to insert 

changes, identifying change by clause 

number, title, date]. These amended 

representation(s) and/or certification(s) 

are also incorporated in this offer and 

are current, accurate, and complete as of 

the date of this offer. 

FAR/DFARS clause No. Title Date Change 

Any changes provided by the offeror 

are applicable to this solicitation only, 

and do not result in an update to the 

representations and certifications posted 

on ORCA. 

[FR Doc. E8–177 Filed 1–9–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 207, 209, 234, 235, and 

252 

RIN 0750–AF80 

Defense Federal Acquisition 

Regulation Supplement; Lead System 

Integrators (DFARS Case 2006–D051) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 807 of 

the National Defense Authorization Act 

for Fiscal Year 2007. Section 807 places 

limitations on contractors acting as lead 

system integrators in the acquisition of 

major DoD systems. Such contractors 

may have no direct financial interest in 

the development or construction of any 

individual system or element of any 


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