[Federal Register: May 13, 2010 (Volume 75, Number 92)]
[Proposed Rules]
[Page 26916-26917]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my10-13]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 24
[FAR Case 2009-004; Docket 2010-0089, Sequence 1]
RIN 9000-AL59
Federal Acquisition Regulation: FAR Case 2009-004, Enhancing
Contract Transparency
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are seeking information that
will assist in determining how best to amend the Federal Acquisition
Regulation (FAR) to enable public posting of contract actions, should
such posting become a requirement in the future, without compromising
contractors' proprietary and confidential commercial or financial
information. This transparency effort is intended to promote efficiency
in Government contracting through an open acquisition process and
improve Federal spending accountability consistent with the
Administration's memorandum entitled Transparency and Open Government
(January 21, 2009) (Published in the Federal Register at 74 FR 4685,
January 26, 2009).
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at the address shown below on or before July 12,
2010 to be considered in the formation of a proposed rule.
ADDRESSES: Submit comments identified by FAR Case 2009-004, by any of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2009-004'' under the heading ``Comment or Submission.'' Select the link
``Send a Comment or Submission'' that corresponds with FAR Case 2009-
004. Follow the instructions provided to complete the ``Public Comment
and Submission Form.'' Please include your name, company name (if any),
and ``FAR Case 2009-004'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, FAR Secretariat
(MVCB), 1800 F Street, NW., Room 4041, Attn: Hada Flowers, Washington,
DC 20405.
Instructions: Please submit comments only and cite FAR Case 2009-
004 in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Jackson, Procurement
Analyst, at (202) 208-4949 for clarification of content. The FAR
Secretariat at (202) 501-4755 for information pertaining to status or
publication schedules. Please cite FAR case 2009-004.
SUPPLEMENTARY INFORMATION:
The Councils anticipate that, in the future, a requirement to post
on-line the text of contracts and task and delivery orders will be
instituted. See generally Presidential Memorandum entitled Freedom of
Information Act (January 21, 2009) (Published in the Federal Register
at 74 FR 4683, January 26, 2009); Presidential Memorandum entitled
Transparency and Open Government (January 21, 2009) (Published in the
Federal Register at 74 FR 4685, January 26, 2009); Attorney General
Memorandum entitled Freedom of Information Act (March 19, 2009); Office
of Science and Technology Policy Notice, Transparency and Open
Government (Published in the Federal Register at 74 FR 23901, May 21,
2009); OMB memorandum entitled Open Government Directive (M-10-06,
December 8, 2009). In support of this anticipated requirement, the
Councils are considering how best to revise the FAR to facilitate such
posting without violating statutory and regulatory prohibitions against
disclosing protected information belonging to the Government or
contractors.
The Councils are particularly interested in suggestions that will
facilitate uniform, consistent processing methods that are fair and
equitable as well as cost effective and efficient, while at the same
time simplifying access to acquisitions once posted. The Councils are
mindful of the need to protect the Government's classified information
in accordance with the National Industrial Security Program Operating
Manual (NISPOM) (DoD 5220.22-M) and the Industrial Security Regulation
(DoD 5220.22-R) (see FAR Subpart 4.4) and the protections afforded
contractor information under the Freedom of Information Act (FOIA) (5
U.S.C. 552) procedures (see FAR Subpart 24.2 and E.O. 12600). The
Councils are also mindful of the FAR section which already addresses
the marking of contractor information (see FAR 3.104-4).
It may not be practical to apply FOIA procedures before posting in
every case. The Councils are looking into methods for identifying the
types of information that should not be posted or released to the
public, as well as means for electronic processing and posting, and
development of provision or clause requirements for successful offerors
to provide a redacted copy of the contract. The Councils are also
requesting suggestions for how best to protect the types of information
through redacting, locating all such information in a standard place in
the contract, or other possible methods to be considered.
Respondents are encouraged to address the benefits of this
transparency effort as well as possible impacts on offerors' and the
Government's business systems, dollar thresholds for
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application, and other cost impacts, especially on proposal
preparation. Also, written responses to this notice should address
whether a public meeting on this topic would be beneficial and, if so,
what issues should be addressed.
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.
List of Subjects in 48 CFR Part 24
Government procurement.
Dated: May 7, 2010.
Edward Loeb,
Acting Director, Acquisition Policy Division.
[FR Doc. 2010-11381 Filed 5-12-10; 8:45 am]
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