[Federal Register Volume 72, Number 136 (Tuesday, July 17, 2007)]
[Proposed Rules]
[Pages 39286-39287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13745]
[[Page 39285]]
-----------------------------------------------------------------------
Part IV
Department of Housing and Urban Development
-----------------------------------------------------------------------
48 CFR Part 2409
HUD Acquisition Regulation (HUDAR) Debarment and Suspension
Procedures; Proposed Rule
Federal Register / Vol. 72, No. 136 / Tuesday, July 17, 2007 /
Proposed Rules
[[Page 39286]]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
48 CFR Part 2409
[Docket No. FR-5098-P-01]
RIN 2535-AA28
HUD Acquisition Regulation (HUDAR) Debarment and Suspension
Procedures
AGENCY: Office of the Chief Procurement Officer, HUD.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule proposes to amend HUD's Acquisition Regulation
(HUDAR) to codify the suspension and debarment procedures applicable to
HUD's procurement contracts. Such an amendment would affirm that the
suspension and debarment procedures in 24 CFR part 24 apply to
procurement as well as nonprocurement contracts. The contracting
community is familiar with the suspension and debarment procedures in
part 24 and this rule is limited to amending the HUDAR regulations to
reflect the applicability of these requirements to procurement
contracts.
DATES: Comment Due Date: September 17, 2007.
ADDRESSES: Interested persons are invited to submit comments regarding
this rule to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 10276, Washington, DC 20410-0500. Interested persons also may
submit comments electronically through the Federal eRulemaking Portal
at www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically so that HUD can make them immediately available
to the public. Commenters should follow the instructions provided on
that site to submit comments electronically. Facsimile (FAX) comments
are not acceptable. In all cases, communications must refer to the
docket number and title. All comments and communications submitted to
HUD will be available for public inspection and copying between 8 a.m.
and 5 p.m. weekdays at the above address. Due to security measures at
the HUD Headquarters building, an advance appointment to review the
public comments must be scheduled by calling the Regulations Division
at (202) 708-3055 (this is not a toll-free number). Copies of all
comments submitted are available for inspection and downloading at
www.regulations.gov. Hearing-or speech-impaired individuals may access
this number through TTY by calling the toll-free Federal Information
Relay Service at (800) 877-8339.
FOR FURTHER INFORMATION CONTACT: Frederick Graves, Office of Policy and
Systems, Office of the Chief Procurement Officer (Seattle Outstation),
Department of Housing and Urban Development, Seattle Federal Office
Building, 909 First Avenue, Seattle, WA 98104-1000; telephone (206)
220-5259, FAX (206) 220-5247 (these are not toll-free numbers). Persons
with hearing or speech impairments may access the telephone number via
TTY by calling the toll-free Federal Information Relay Service at (800)
877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
The uniform regulation for the procurement of supplies and services
by Federal departments and agencies, the Federal Acquisition Regulation
(FAR), was promulgated on September 19, 1983 (48 FR 42102). The FAR is
codified in title 48, chapter 1, of the Code of Federal Regulations
(CFR). HUD promulgated its regulation to implement the FAR on March 1,
1984 (49 FR 7696). The HUDAR (title 48, chapter 24 of the CFR) is
prescribed under section 7(d) of the Department of HUD Act (42 U.S.C.
3535(d)); section 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); and the general authorization
in FAR 1.301.
II. This Proposed Rule
This proposed rule makes one change to 48 CFR 2409.7001 to clarify
that HUD's suspension and debarment procedures, found at 24 CFR part
24, apply to procurement contracts. (On March 23, 2007, HUD published a
proposed rule (72 FR 14015) that would redesignate 24 CFR part 24 to 2
CFR part 2424. The proposed rule published in today's Federal Register
refers to the current regulations at 24 CFR part 24. A conforming
change will be made at the final rule stage to reflect the
redesignation.)
On November 26, 2003, HUD adopted, with minor revisions, the
governmentwide nonprocurement debarment and suspension common rule (68
FR 66534). The governmentwide rule sets forth the common policies and
procedures that federal executive branch agencies must use in taking
suspension or debarment actions. The amendments made by the November
26, 2003, rule limited covered transactions to nonprocurement
contracts. For many years prior to the promulgation in 2003 of the
governmentwide debarment and suspension common rule, HUD applied, to
procurement contracts, the same suspension and debarment procedures
that it uses for nonprocurement contracts. HUD is unable to amend the
governmentwide debarment and suspension procedures. Therefore, to
reflect the applicability of debarment and suspension requirements to
procurement contracts, HUD is proposing to revise the HUDAR to affirm
that the suspension and debarment rules in 24 CFR part 24 apply to
procurement contracts. This regulatory clarification does not impose
any additional requirements because the suspension and debarment
procedures in part 24 are well established and the contracting
community is already familiar with the requirements.
III. Findings and Certifications
Paperwork Reduction Act Statement
The information collection requirements contained in this proposed
rule are currently approved by the Office of Management and Budget
(OMB) in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520) and assigned OMB control number 2535-0091. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information, unless the collection displays a currently
valid OMB control number.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1531-1538) establishes requirements for federal agencies to
assess the effects of their regulatory actions on state, local, and
tribal governments and the private sector. This rule does not impose
any federal mandate on any state, local, or tribal government or the
private sector within the meaning of UMRA.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements, unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
This proposed rule makes clarifying changes to existing governmentwide
suspension and debarment procedures and does not make any major changes
that would significantly impact small entities. Accordingly, the
undersigned certifies that this rule will not have a significant
[[Page 39287]]
economic impact on a substantial number of small entities.
Notwithstanding HUD's determination that this rule will not have a
significant economic impact on a substantial number of small entities,
HUD specifically invites comments regarding less burdensome
alternatives to this rule that will meet HUD's objectives as described
in this preamble.
Environmental Impact
This proposed rule does not direct, provide for assistance or loan
and mortgage insurance for, or otherwise govern or regulate real
property acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
proposed rule is categorically excluded from environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes substantial direct compliance costs on state and local
governments and is not required by statute, or the rule preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive Order. This proposed rule would not have
federalism implications and would not impose substantial direct
compliance costs on state and local governments or preempt state law
within the meaning of the Executive Order.
List of Subjects for 48 CFR Part 2409
Government procurement.
For the reasons discussed in the preamble, HUD proposes to amend 48
CFR part 2409 to read as follows:
PART 2409--CONTRACTOR QUALIFICATIONS
1. The authority citation for part 2409 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 42 U.S.C. 3535(d).
2. Revise 2409.7001 to read as follows:
2409.7001 HUD regulations on debarment, suspension, and ineligibility.
HUD's policies and procedures concerning debarment and suspension
are contained in 24 CFR part 24 and, notwithstanding 24 CFR
24.220(a)(1), apply to procurement contracts.
Dated: June 7, 2007.
Joseph A. Neurauter,
Chief Procurement Officer.
[FR Doc. E7-13745 Filed 7-16-07; 8:45 am]
BILLING CODE 4210-67-P