[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Rules and Regulations]
[Pages 31564-31565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15431]





48 CFR Part 9

[FAC 2005-34; FAR Case 2008-028; Item III; Docket 2009-0021; Sequence 
RIN 9000-AL33

Federal Acquisition Regulation; FAR Case 2008-028, Role of 
Interagency Committee on Debarment and Suspension

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

[[Page 31565]]

ACTION: Final rule.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to implement Section 
873(a)(1) and (2) of the National Defense Authorization Act for Fiscal 
Year 2009. Section 873(a)(1) and (2) clarifies the role of the 
Interagency Committee on Debarment and Suspension when more than one 
agency has an interest in the debarment or suspension of a contractor.

DATES: Effective Date: July 31, 2009.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Edward Loeb, Director, at (202) 501-0650. The TTY Federal Relay 
Number for further information is 1-800-877-8973. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at (202) 501-4755. Please cite FAC 2005-34, FAR case 2008-


A. Background

    This case amends FAR 9.402 to implement Section 873(a)(1) and (2) 
of the Duncan Hunter National Defense Authorization Act of 2009 (Public 
Law 110-417), which was enacted on October 14, 2008. Section 873 of the 
Act defines the role of the Interagency Committee on Debarment and 
Suspension. Among other responsibilities, the Interagency Committee on 
Debarment and Suspension is authorized to resolve issues regarding the 
agency that will have lead responsibility in initiating a suspension or 
debarment proceeding. The Committee will also coordinate actions among 
interested agencies with respect to such action.
    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 Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Part 9 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. (FAC 2005-34, FAR case 
2008-028), in all correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
Chapter 35, et seq.

List of Subjects in 48 CFR Part 9

    Government procurement.

    Dated: June 25, 2009.
Al Matera,
Director, Office of Acquisition Policy.

Therefore, DoD, GSA, and NASA amend 48 CFR part 9 as set forth below:


1. The authority citation for 48 CFR part 9 continues to read as 

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

2. Amend section 9.402 by revising paragraph (c), redesignating 
paragraph (d) as paragraph (e), and adding a new paragraph (d) to read 
as follows:

9.402  Policy.

* * * * *
    (c) Agencies are encouraged to establish methods and procedures for 
coordinating their debarment or suspension actions.
    (d) When more than one agency has an interest in the debarment or 
suspension of a contractor, the Interagency Committee on Debarment and 
Suspension, established under Executive Order 12549, and authorized by 
Section 873 of the National Defense Authorization Act for Fiscal Year 
2009 (Pub. L. 110-417), shall resolve the lead agency issue and 
coordinate such resolution among all interested agencies prior to the 
initiation of any suspension, debarment, or related administrative 
action by any agency.
* * * * *
[FR Doc. E9-15431 Filed 6-30-09; 8:45 am]