[Federal Register: July 2, 2010 (Volume 75, Number 127)]
[Rules and Regulations]
[Page 38683-38684]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy10-19]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 7, 10, 13, 18, 26, and 52
[FAC 2005-43; FAR Case 2008-035; Item II; Docket 2009-0033, Sequence 1]
RIN 9000-AL30
Federal Acquisition Regulation; FAR Case 2008-035, Registry of
Disaster Response Contractors
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have adopted, as final
without change, the interim rule amending the Federal Acquisition
Regulation (FAR) to implement the Department of Homeland Security
Appropriations Act, 2007, section 697, which requires the establishment
and maintenance of a registry of disaster response contractors.
DATES: Effective Date: August 2, 2010.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Millisa Gary, Procurement Analyst, at (202) 501-0699. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at (202) 501-4755. Please cite FAC 2005-43, FAR case 2008-
035.
SUPPLEMENTARY INFORMATION:
A. Background
Public Law 109-295, the Department of Homeland Security
Appropriations Act, 2007, section 697, requires the establishment and
maintenance of a registry of contractors willing to perform debris
removal, distribution of supplies, reconstruction, and other disaster
or emergency relief activities. In addition, contracting officers are
required to consult the registry during market research and acquisition
planning.
The interim rule was published in the Federal Register on October
14, 2009 (74 FR 52847). The public comment period closed on December
14, 2009. No comments were received in response to the interim rule.
In the interim rule, the Councils amended the language at FAR 2.101
to add a definition of ``Disaster Response Registry,'' and at FAR
4.1104, 18.102, and 26.205 to require contracting officers to consult
the registry at http://www.ccr.gov. In addition, a requirement was
added to FAR 10.001 to require contracting officers to take advantage
of commercially available market research methods to identify
capabilities to meet agency requirements for disaster relief.
The Disaster Response Registry is located at www.ccr.gov. The
Federal Emergency Management Agency (within the Department of Homeland
Security) has a link to the registry for vendors on its Web site http:/
/www.fema.gov/business/contractor.shtm. The Registry covers disaster
and emergency relief activities inside the United States and its
outlying areas only. Major disaster and emergency declarations are
published in the Federal Register and are available at http://
www.fema.gov/news/disasters.fema.
This is a significant regulatory action and, therefore, was 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 Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 this rule does not
revise or change existing regulations pertaining to small business
concerns seeking Government contracts. In addition, the Councils sought
comments from small businesses on the affected FAR parts at the
publication of the interim rule. No comments were received.
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 Parts 2, 4, 7, 10, 13, 18, 26, and 52
Government procurement.
[[Page 38684]]
Dated: June 25, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR parts 2, 4, 7, 10,
13, 18, 26, and 52, which was published in the Federal Register at 74
FR 52847 on October 14, 2009, is adopted as a final rule without
change.
[FR Doc. 2010-15914 Filed 7-1-10; 8:45 am]
BILLING CODE 6820-EP-P