[Federal Register: January 31, 2008 (Volume 73, Number 21)]
[Proposed Rules]
[Page 5784]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja08-28]
[[Page 5784]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 6
[FAR Case 2007-008; Docket 2007-0001; Sequence 14]
RIN 9000-AK90
Federal Acquisition Regulation; FAR Case 2007-008, Limiting
Length of Noncompetitive Contracts in ``Unusual and Compelling
Urgency'' Circumstances
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to limit the length of contracts
awarded noncompetitively under unusual and compelling urgency
circumstances to the minimum contract period necessary to meet the
requirements, and no longer than one year, unless approved by the head
of the contracting activity.
DATES: Interested parties should submit comments in writing on or
before March 31, 2008 to be considered in the formulation of a final
rule.
ADDRESSES: Submit comments identified by FAR Case 2007-008 by any of
the following methods:
Regulations.gov: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2007-008'' under the heading ``Comment or Submission''. Select the link
``Send a Comment or Submission'' that corresponds with FAR Case 2007-
008. Follow the instructions provided to complete the ``Public Comment
and Submission Form''. Please include your name, company name (if any),
and ``FAR Case 2007-008'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW., Room 4035, ATTN: Diedra Wingate,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAR Case 2007-
008 in all correspondence related to this case. All comments received
will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775, for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAR Case 2007-008.
SUPPLEMENTARY INFORMATION:
A. Background
The Administrator of the Office of Federal Procurement Policy
(OFPP) issued a memorandum on enhancing competition in Federal
acquisition, dated May 31, 2007, to executive agency chief acquisition
officers and senior procurement executives. One of the initiatives
identified by the Administrator for strengthening competitive policies
was limiting the length of contracts awarded noncompetitively under the
authority in FAR Part 6.302-2, unusual and compelling urgency, to the
minimum period necessary for meeting the requirements, and no longer
than one year unless approved by the head of the contracting activity.
This rule implements a contract period limitation under FAR Part 6.302-
2.
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 Councils do not expect this proposed 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 the rule addresses internal agency procedures and will benefit
small entities by encouraging competition after a one year contract
period, except when a longer contract period is properly approved.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. The Councils will consider comments from small entities
concerning the affected FAR Part 6.303-2 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. (FAR case 2007-008), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) does not apply because
the changes to the FAR do not contain any information collection
requirements that require the approval of the Office of Management and
Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 6
Government procurement.
Dated: January 15, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR part 6 as set
forth below:
PART 6--COMPETITION REQUIREMENTS
1. The authority citation for 48 CFR part 6 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 6.302-2 by adding paragraph (d) to read as
follows:
6.302-2 Unusual and compelling urgency.
(d) Period of Performance. The total period of performance of a
contract awarded using this authority shall not exceed the minimum
period necessary for meeting the unusual and compelling urgency
requirements, but no longer than one year unless a longer period of
performance is approved by the head of the contracting activity.
Approval of a longer contract period of performance is in addition to
the justification approval of requirements in 6.304.
[FR Doc. E8-1681 Filed 1-30-08; 8:45 am]
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