[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2414-2415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-668]



Defense Acquisition Regulations System

48 CFR Part 209

RIN 0750-AG20

Defense Federal Acquisition Regulation Supplement; Responsible 
Prospective Contractors (DFARS Case 2008-D022)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to address use of the Past 
Performance Information Retrieval System (PPIRS) in determining 
contractor responsibility. PPIRS is a Web-based application that stores 
information regarding contractor performance on Government contracts.

DATES: Effective Date: January 15, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-1302; 
facsimile 703-602-7887. Please cite DFARS Case 2008-D022.


A. Background

    This final rule adds text at DFARS 209.105-1 to address use of 
PPIRS (available at http://www.ppirs.gov) in meeting requirements for 
determining contractor responsibility. The rule emphasizes that use of 
PPIRS information regarding contract

[[Page 2415]]

termination for cause or default is just one consideration in making a 
determination of contractor responsibility.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
under 41 U.S.C. 418b is not required. However, DoD will consider 
comments from small entities concerning the affected DFARS subpart in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose 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 209

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

Therefore, 48 CFR part 209 is amended as follows:


1. The authority citation for 48 CFR part 209 continues to read as 

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

2. Section 209.105-1 is revised to read as follows:

209.105-1  Obtaining information.

    (1) For guidance on using the Excluded Parties List System, see PGI 
    (2) A satisfactory performance record is a factor in determining 
contractor responsibility (see FAR 9.104-1(c)). One source of 
information relating to contractor performance is the Past Performance 
Information Retrieval System (PPIRS), available at http://www.ppirs.gov. Information relating to contract terminations for cause 
and for default is also available through PPIRS (see PGI 212.403(c) and 
PGI 249.470). This termination information is just one consideration in 
determining contractor responsibility.

[FR Doc. E9-668 Filed 1-14-09; 8:45 am]