[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Proposed Rules]
[Page 5784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1681]



[[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://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://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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