[Federal Register: October 29, 2007 (Volume 72, Number 208)]
[Rules and Regulations]
[Page 61269-61271]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc07-14]
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Part IV
Department of Housing and Urban Development
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48 CFR Part 2409
HUD Acquisition Regulation (HUDAR) Debarment and Suspension
Procedures; Final Rule
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
48 CFR Part 2409
[Docket No. FR-5098-F-02]
RIN 2535-AA28
HUD Acquisition Regulation (HUDAR) Debarment and Suspension
Procedures
AGENCY: Office of the Chief Procurement Officer, HUD.
ACTION: Final rule.
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SUMMARY: This rule amends HUD's Acquisition Regulation (HUDAR) to
codify the suspension and debarment procedures applicable to HUD's
procurement contracts. Such an amendment affirms that the suspension
and debarment procedures in 24 CFR part 24 apply to both procurement
and 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. This
final rule follows a July 17, 2007, proposed rule. HUD received no
public comments on the proposed rule. This final rule adopts the
proposed rule without change.
DATES: Effective Date: November 28, 2007.
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 number
(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 Housing and Urban
Development 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.
On July 17, 2007, at 72 FR 39286, HUD published for public comment
a rule that proposed to make 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.\1\ On November 26, 2003, HUD had
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. To reflect the applicability of debarment and suspension
requirements to procurement contracts, HUD, through the July 17, 2007,
rule, proposed 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.
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\1\ 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
July 17, 2007, proposed rule and this final rule, however, continue
to use the reference of 24 CFR part 24. A conforming change will be
made at the final rule stage of the March 23, 2007, rulemaking to
reflect the redesignation.
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II. This Final Rule
The public comment period for the July 17, 2007, proposed rule
closed on September 17, 2007. HUD received no public comments on this
rule. Through this final rule, HUD adopts the July 17, 2007, proposed
rule without change.
III. Findings and Certifications
Paperwork Reduction Act Statement
The information collection requirements contained in this 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 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
economic impact on a substantial number of small entities.
Environmental Impact
This 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 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
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rule does not have federalism implications and does 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.
0
For the reasons discussed in the preamble, HUD amends 48 CFR part 2409
to read as follows:
PART 2409--CONTRACTOR QUALIFICATIONS
0
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).
0
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: October 19, 2007.
Joseph A. Neurauter,
Chief Procurement Officer.
[FR Doc. E7-21267 Filed 10-26-07; 8:45 am]
BILLING CODE 4210-67-P