Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 31565 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed on a final rule 

amending the Federal Acquisition 

Regulation (FAR) to implement Section 

873(a)(1) and (2) of the National Defense 

Authorization Act for Fiscal Year 2009. 

Section 873(a)(1) and (2) clarifies the 

role of the Interagency Committee on 

Debarment and Suspension when more 

than one agency has an interest in the 

debarment or suspension of a 

contractor. 

DATES: Effective Date: July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Edward Loeb, Director, at (202) 501– 

0650. The TTY Federal Relay Number 

for further information is 1–800–877– 

8973. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at (202) 501– 

4755. Please cite FAC 2005–34, FAR 

case 2008–028. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This case amends FAR 9.402 to 

implement Section 873(a)(1) and (2) of 

the Duncan Hunter National Defense 

Authorization Act of 2009 (Public Law 

110–417), which was enacted on 

October 14, 2008. Section 873 of the Act 

defines the role of the Interagency 

Committee on Debarment and 

Suspension. Among other 

responsibilities, the Interagency 

Committee on Debarment and 

Suspension is authorized to resolve 

issues regarding the agency that will 

have lead responsibility in initiating a 

suspension or debarment proceeding. 

The Committee will also coordinate 

actions among interested agencies with 

respect to such action. 

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 Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant FAR 

revision within the meaning of FAR 

1.501 and Public Law 98–577, and 

publication for public comments is not 

required. However, the Councils will 

consider comments from small entities 

concerning the affected FAR Part 9 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. (FAC 2005–34, FAR case 2008– 

028), in all correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the 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. Chapter 35, 

et seq. 

List of Subjects in 48 CFR Part 9 

Government procurement. 

Dated: June 25, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 9 as set forth below: 

PART 9—CONTRACTOR 

QUALIFICATIONS 

■ 1. The authority citation for 48 CFR 

part 9 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). 

■ 2. Amend section 9.402 by revising 

paragraph (c), redesignating paragraph 

(d) as paragraph (e), and adding a new 

paragraph (d) to read as follows: 

9.402 Policy. 

* * * * * 

(c) Agencies are encouraged to 

establish methods and procedures for 

coordinating their debarment or 

suspension actions. 

(d) When more than one agency has 

an interest in the debarment or 

suspension of a contractor, the 

Interagency Committee on Debarment 

and Suspension, established under 

Executive Order 12549, and authorized 

by Section 873 of the National Defense 

Authorization Act for Fiscal Year 2009 

(Pub. L. 110–417), shall resolve the lead 

agency issue and coordinate such 

resolution among all interested agencies 

prior to the initiation of any suspension, 

debarment, or related administrative 

action by any agency. 

* * * * * 

[FR Doc. E9–15431 Filed 6–30–09; 8:45 am] 

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DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2009–0002, Sequence 5] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–32; 

Small Entity Compliance Guide 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide. 

SUMMARY: This document is issued 

under the joint authority of the 

Secretary of Defense, the Administrator 

of General Services and the 

Administrator of the National 

Aeronautics and Space Administration. 

This Small Entity Compliance Guide has 

been prepared in accordance with 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. It consists of a summary of rules 

appearing in Federal Acquisition 

Circular (FAC) 2005–34 which amend 

the FAR. Interested parties may obtain 

further information regarding these 

rules by referring to FAC 2005–34 

which precedes this document. These 

documents are also available via the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Hada Flowers, FAR Secretariat, (202) 

208–7282. For clarification of content, 

contact the analyst whose name appears 

in the table below. 

LIST OF RULES IN FAC 2005–34 

Item Subject FAR case Analyst 

I ............ Contractor Performance Information ............................................................................................... 2006-022 Parnell. 

II ........... Prohibition on Contracting with Inverted Domestic Corporations (Interim) ..................................... 2008-009 Murphy. 

III .......... Role of Interagency Committee on Debarment and Suspension .................................................... 2008-028 Loeb. 

31566 Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: 

Summaries for each FAR rule follow. 

For the actual revisions and/or 

amendments to these FAR cases, refer to 

the specific item number and subject set 

forth in the documents following these 

item summaries. 

FAC 2005–34 amends the FAR as 

specified below: 

Item I—Contractor Performance 

Information (FAR Case 2006–022) 

This final rule amends the FAR to 

revise the contractor performance 

information process. The FAR revisions 

include changes to FAR Parts 2, 8, 9, 13, 

17, 36, 42, and 53. The purpose of this 

final rule is to ensure that the FAR 

clearly reflects the use of the 

Governmentwide performance 

information repository, Past 

Performance Information Retrieval 

System (PPIRS) at http://www.ppirs.gov; 

requires the evaluation of past 

performance for orders exceeding the 

simplified acquisition threshold placed 

against Federal Supply Schedule 

contracts, or under a task order or 

delivery order against a contract 

awarded by another Federal agency (i.e. 

Governmentwide acquisition contract or 

multi-agency contract); recommends 

past performance information for orders 

under single agency contracts; 

consolidates the collection of past 

performance guidance in Part 42; and, 

clarifies that the Agency shall identify 

those responsible for preparing interim 

and final evaluations. 

Item II—Prohibition on Contracting 

with Inverted Domestic Corporations 

(FAR Case 2008–009) (Interim) 

This interim rule implements Section 

743 of Division D of the Omnibus 

Appropriations Act, 2009 (Public Law 

111–8), which prohibits the award of 

contracts using appropriated funds to 

any foreign incorporated entity that is 

treated as an inverted domestic 

corporation or to any subsidiary of one. 

The interim rule addresses solicitations 

issued after the date of publication 

using funds appropriated in Fiscal Years 

2006, 2007, and 2008, as well. 

Item III—Role of Interagency 

Committee on Debarment and 

Suspension (FAR Case 2008–028) 

This final rule amends Federal 

Acquisition Regulation Subpart 9.4 to 

clarify the role of the Interagency 

Committee on Debarment and 

Suspension when more than one agency 

has an interest in the debarment or 

suspension of a contractor. Among other 

responsibilities, the Interagency 

Committee on Debarment and 

Suspension is authorized to resolve 

issues regarding the agency that will 

have lead responsibility in initiating a 

suspension or debarment proceeding. 

The Committee will also coordinate 

actions among interested agencies with 

respect to such action. This rule 

implements the Duncan Hunter 

National Defense Authorization Act for 

Fiscal Year 2009, Section 873(a)(1) and 

(2). 

Dated: June 25, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

[FR Doc. E9–15430 Filed 6–30–09; 8:45 am] 

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