[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Proposed Rules]
[Pages 6515-6516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2205]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204, 212, and 252
RIN 0750-AF55
Defense Federal Acquisition Regulation Supplement; DoD
Representations and Certifications in the Online Representations and
Certifications Application (DFARS Case 2006-D032)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to address DoD-unique requirements
relating to the Online Representations and Certifications Application
(ORCA). ORCA presently includes only representations and certifications
required by the Federal Acquisition Regulation, but is being revised to
also include those required by the DFARS.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before April 13, 2007, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2006-D032,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include DFARS Case 2006-D032 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Felisha Hitt, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Felisha Hitt, (703) 602-0310.
SUPPLEMENTARY INFORMATION:
A. Background
Subpart 4.12 of the Federal Acquisition Regulation (FAR) requires
prospective contractors to complete electronic annual representations
and certifications in ORCA, in conjunction with required registration
in the Central Contractor Registration database. ORCA presently
includes only representations and certifications required by the FAR,
but is being revised to also include those required by the DFARS. This
will eliminate the need for offerors to submit the same information to
various DoD offices in response to individual solicitations.
Section 204.1202(2) of the proposed rule lists the existing DFARS
representations and certifications that will be included in ORCA. The
DFARS representations and certifications implement DoD-unique statutory
requirements and trade agreements, and contain special requirements
applicable to the significant number and various types of defense
contracts and subcontracts performed outside the United States.
The proposed rule contains a substitute paragraph (c) for use with
the provision at FAR 52.204-8, Annual Representations and
Certifications, to permit the inclusion of information relating to both
the FAR and the DFARS. An offeror must include information in paragraph
(c) only if changes to the offeror's annual representations and
certifications apply to a particular solicitation.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory flexibility analysis
consistent with 5 U.S.C. 603. The analysis is summarized as follows:
The objective of the rule is to provide a centralized location for
the representation and certification information required by the DFARS,
thereby eliminating the need for offerors to submit the same
information to various DoD offices in response to individual
solicitations. The legal basis for the rule is 41 U.S.C. 421. The rule
will apply to all entities registered in the Central Contractor
Registration database. FAR 4.1102 requires that prospective contractors
be registered in the database before the award of a contract or
agreement, with certain exceptions. Administrative personnel that have
general knowledge of the contractor's business should be able to enter
the required information into the database. The rule is expected to
have a positive impact on small business concerns by reducing
administrative burdens.
[[Page 6516]]
A copy of the analysis may be obtained from the point of contact
specified herein. DoD invites comments from small businesses and other
interested parties. DoD also will consider comments from small entities
concerning the affected DFARS subparts in accordance with 5 U.S.C. 610.
Such comments should be submitted separately and should cite DFARS Case
2006-D032.
C. Paperwork Reduction Act
The information collection requirements of the representations and
certifications addressed in this proposed rule that require offerors to
provide specific fill-in information have been approved by the Office
of Management and Budget under Control Numbers 0704-0229, 0704-0245,
and 0704-0259. The proposed rule does not impose information collection
requirements beyond those already required by existing DFARS
representations and certifications.
List of Subjects in 48 CFR Parts 204, 212, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 204, 212, and 252 as
follows:
1. The authority citation for 48 CFR parts 204, 212, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
2. Subpart 204.12 is added to read as follows:
Subpart 204.12--Annual Representations and Certifications
204.1202 Solicitation provision and contract clause.
When using the provision at FAR 52.204-8, Annual Representations
and Certifications--
(1) Use the provision with 252.204-7XXX, Alternate A, Annual
Representations and Certifications; and
(2) Do not include the following representations and
certifications:
(i) 252.209-7005, Reserve Officer Training Corps and Military
Recruiting on Campus.
(ii) 252.212-7000, Offeror Representations and Certifications--
Commercial Items.
(iii) 252.216-7003, Economic Price Adjustment--Wage Rates or
Material Prices Controlled by a Foreign Government.
(iv) 252.225-7000, Buy American Act--Balance of Payments Program
Certificate.
(v) 252.225-7020, Trade Agreements Certificate.
(vi) 252.225-7031, Secondary Arab Boycott of Israel.
(vii) 252.225-7035, Buy American Act--Free Trade Agreements--
Balance of Payments Program Certificate.
(viii) 252.225-7042, Authorization to Perform.
(ix) 252.229-7003, Tax Exemptions (Italy).
(x) 252.229-7005, Tax Exemptions (Spain).
(xi) 252.239-7011, Special Construction and Equipment Charges.
(xii) 252.247-7022, Representation of Extent of Transportation by
Sea.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
3. Section 212.301 is amended by adding paragraph (f) introductory
text to read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) The following additional provisions and clauses apply to DoD
solicitations and contracts for the acquisition of commercial items. If
the offeror has completed the provisions listed in paragraph (f)(i) or
(ii) of this section electronically as part of its annual
representations and certifications at https://orca.bpn.gov, the
contracting officer may consider this information instead of requiring
the offeror to complete these provisions for a particular solicitation.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 252.204-7XXX is added to read as follows:
252.204-7XXX Alternate A, Annual Representations and Certifications.
Alternate A, Annual Representations and Certifications (XXX 2007)
As prescribed in 204.1202, substitute the following paragraph (c)
for paragraph (c) of the provision at FAR 52.204-8:
(c) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) Web site at https://orca.bpn.gov/.
After reviewing the ORCA database information, the offeror verifies by
submission of the offer that the representations and certifications
currently posted electronically have been entered or updated within the
last 12 months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this
offer, and are incorporated in this offer by reference (see FAR
4.1201); except for the changes identified below [offeror to insert
changes, identifying change by clause number, title, date]. These
amended representation(s) and/or certification(s) are also incorporated
in this offer and are current, accurate, and complete as of the date of
this offer.
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FAR/DFARS Clause Title Date Change
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Any changes provided by the offeror are applicable to this
solicitation only, and do not result in an update to the
representations and certifications posted on ORCA.
[FR Doc. E7-2205 Filed 2-9-07; 8:45 am]
BILLING CODE 5001-08-P