[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Proposed Rules]
[Pages 71796-71797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34521]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1407
RIN 0560-AF47
Debarment and Suspension
AGENCY: Farm Service Agency, USDA.
ACTION: Proposed rule.
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SUMMARY: Commodity Credit Corporation (CCC) proposes to revise the
regulations setting forth its policies with regard to the debarment and
suspension of individuals or firms from participation in Federal
procurement and nonprocurement activities. The U.S. Department of
Agriculture (USDA) has published USDA-wide nonprocurement debarment and
suspension regulations, and CCC proposes to proceed under such
regulations in nonprocurement debarment and suspension actions. CCC
will continue to proceed under this part in procurement debarment and
suspension actions but will apply the provisions of the USDA
procurement debarment and suspension regulations, with the exception of
the specified debarring and suspending official, in such procurement
actions.
DATES: Comments must be submitted on or before January 29, 1999.
ADDRESSES: Comments regarding this proposed rule may be directed to
Dean Jensen, Chief, Contract Management Branch, Room 5755-S, STOP 0551,
1400 Independence Avenue, SW, Washington, DC 20250-0551, telephone
(202) 720-2115, fax (202) 690-1809. All comments received will be
available for public inspection at the above address during regular
business hours.
FOR FURTHER INFORMATION CONTACT: Dean Jensen, 202-720-2115.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget (OMB).
Executive Order 12372
This activity is not subject to the provisions of Executive Order
12372, which requires intergovernmental consultation with State and
local officials. See the Notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. The proposed rule would have preemptive effect
with respect to any State or local laws, regulations, or policies which
conflict with its provisions or which otherwise impede their full
implementation. The final rule would not have retroactive effect. The
rule does not require that administrative remedies be exhausted before
suit may be filed.
Regulatory Flexibility Act
This proposed rule has been reviewed with regard to the
requirements of the Regulatory Flexibility Act.
The Executive Vice President, CCC, has certified that this rule
will not have a significant economic impact on a substantial number of
small entities. The principal regulatory change made by the proposed
rule would be to provide that CCC will proceed under the USDA-wide
regulations when taking action to debar or suspend participants or
potential participants in CCC's nonprocurement activities. These USDA-
wide regulations are similar to the government-wide common rule and
would not impact on small businesses as a group, but only upon specific
entities when necessary to protect the interests of CCC. A copy of this
proposed rule has been submitted to the General Counsel, Small Business
Administration.
Paperwork Reduction Act
These regulations do not contain information collections that
require clearance by OMB under the provisions of 44 U.S.C. chapter 35.
Discussion of Proposed Rule
This proposed rule would revise existing CCC regulations to specify
policies that CCC will follow in taking action to debar or suspend
individuals or firms from participation in federal procurement and
nonprocurement activities. Currently the CCC debarment and suspension
regulations at 7 CFR part 1407 provide that 48 CFR part 409, subpart
409.4 (Secs. 409.403 et seq.) shall be applicable to all CCC debarment
and suspension proceedings, except that the authority to debar and
suspend shall be reserved to the Executive Vice President, CCC, or his
designee. The regulations at 7 CFR part 409, subpart 409.4, are the
procurement debarment and suspension regulations for USDA.
USDA has published USDA-wide nonprocurement debarment and
suspension regulations at 7 CFR part 3017. Effective February 5, 1996,
these regulations were amended to remove certain requirements that
would have had a detrimental effect if they had been applied to certain
CCC programs. Consequently, CCC is now proposing that, as a matter of
policy, CCC will proceed under 7 CFR part 3017 when taking action to
debar or suspend individuals or firms that are participants or
potential participants in CCC's nonprocurement activities. CCC will
continue to proceed under 7 CFR part 1407 when taking action to debar
or suspend individuals or firms that are contractors with CCC or
participants or potential participants in CCC's procurement activities.
As a matter of policy, CCC will continue to apply the provisions of 48
CFR part 409, subpart 409.4, with the exception of the specified
debarring and suspending official, in such procurement actions. This
will foster uniformity and consistency with regard to USDA and CCC
debarment and suspension procedures.
Under the current regulations at 7 CFR part 1407, the debarring and
suspending official is the Executive Vice President of CCC, who is also
the Administrator of the Farm Service Agency (FSA), or a designee. The
Executive Vice President, CCC, or a designee, would continue to be the
debarring and suspending official for CCC procurement debarment and
suspension actions.
The USDA-wide nonprocurement suspension and debarment regulations
at 7 CFR part 3017 provide that the debarring and suspending official
will be the head of the agency initiating the action and that this
authority cannot be delegated to a designee. As a matter of policy, CCC
has decided that, for
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nonprocurement debarment and suspension actions initiated by an agency
on behalf of CCC under 7 CFR part 3017, the agency head will be the
debarring and suspending official. Delegations to a designee would not
be authorized.
List of Subjects in 7 CFR Part 1407
Administrative practice and procedure, Government procurement,
Grant programs.
Accordingly, it is proposed that 7 CFR Part 1407 be revised to read
as follows:
1. Part 1407 is revised to read as follows:
PART 1407--DEBARMENT AND SUSPENSION
Sec.
1407.1 Purpose.
1407.2 Nonprocurement debarment and suspension.
1407.3 Procurement debarment and suspension.
Authority: 15 U.S.C. 714b.
Sec. 1407.1 Purpose.
This part specifies the policies that the Commodity Credit
Corporation (CCC) will follow in taking action to debar or suspend
individuals or firms from participation in federal nonprocurement and
procurement activities.
Sec. 1407.2 Nonprocurement debarment and suspension.
(a) CCC will proceed under 7 CFR part 3017 when taking action to
debar or suspend participants or potential participants in CCC's
nonprocurement activities.
(b) The debarring and suspending official for nonprocurement
actions taken by CCC shall be as follows:
(1) For actions initiated by the Farm Service Agency (FSA) on
behalf of CCC: the Executive Vice President of CCC, who is also the
Administrator of FSA.
(2) For actions initiated by the Foreign Agricultural Service (FAS)
on behalf of CCC: the Vice President of CCC who is the Administrator of
FAS.
(3) For actions initiated by the Food and Nutrition Service (FNS)
on behalf of CCC: the Vice President of CCC who is the Administrator of
FNS.
(4) For actions initiated by the Agricultural Marketing Service
(AMS) on behalf of CCC: the Vice President of CCC who is the
Administrator of AMS.
(5) For actions initiated by the Natural Resources Conservation
Service (NRCS) on behalf of CCC: the Vice President of CCC who is the
Chief of NRCS.
Sec. 1407.3 Procurement debarment and suspension.
CCC will proceed under this part when taking action to debar or
suspend contractors with CCC or participants or potential participants
in CCC's procurement activities. CCC will apply the provisions of 48
CFR part 409, subpart 409.4, in such actions, with the exception that
the debarring and suspending official will be the Executive Vice
President of CCC, or a designee.
Signed at Washington, D.C., on December 22, 1998.
Keith Kelly,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 98-34521 Filed 12-29-98; 8:45 am]
BILLING CODE 3410-05-P
