[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Proposed Rules]
[Pages 15901-15903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6646]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

48 CFR Parts 1401, 1402, 1415, 1417, 1419, 1436, and 1452

RIN 1093-AA13


Acquisition Regulation Miscellaneous Changes

AGENCY: Office of the Secretary, Interior.

ACTION: Proposed rule.

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SUMMARY: The Department of the Interior (DOI) is proposing to revise 
the Department of the Interior Acquisition Regulation (DIAR) in order 
to make minor corrections to DOI acquisition procedures to be 
consistent with the Federal Acquisition Regulation (FAR), and to add a 
new clause covering contract administration roles and responsibilities. 
Some DIAR coverage is being revised and obsolete material is being 
removed.

DATES: Submit comments by May 23, 2011.

ADDRESSES: You may submit comments on the rulemaking through the 
Federal eRulemaking Portal at http://www.regulations.gov. Please use 
the Regulation Identifier Number (RIN) 1093-AA13 in your message. 
Follow the instructions on the Web site for submitting comments.

FOR FURTHER INFORMATION CONTACT: Tiffany A. Schermerhorn, Senior 
Procurement Analyst, Office of Acquisition and Property Management, 
Office of the Secretary, telephone (202) 513-0747, fax (202) 219-4244, 
or e-mail <a href="/cdn-cgi/l/email-protection#36425f505057584f6945555e53445b53445e594458765f59451852595f18515940"><span class="__cf_email__" data-cfemail="7105181717101f082e02121914031c1403191e031f31181e025f151e185f161e07">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    This rule will revise the Department of the Interior Acquisition 
Regulation (DIAR) in order to update references to other federal and 
Departmental directives, remove obsolete material and references, and 
add a clause implementing agency policy regarding contract 
administration. The new clause notifies contractors of their roles and 
responsibilities in complying with technical direction given by 
authorized representatives of the contracting officer.

II. Procedural Matters

1. Public Availability of Comments

Public Availability of Comments
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

2. Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. The costs associated with these revisions will be strictly 
internal and borne entirely by the Federal government. These minimal 
costs will benefit taxpayers by making the acquisition process more 
efficient and transparent. This rule will not adversely affect in a 
material way the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule does not raise novel legal or policy issues.

3. The Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
This rule will not impose any new requirements on small entities.

4. Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

5. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule will not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

[[Page 15902]]

6. Takings (Executive Order 12630)

    Under the criteria in Executive Order 12630, this proposed rule 
does not have significant takings implications. This rule does not 
impose conditions or limitations on the use of any private property; 
consequently, a takings implication assessment is not required.

7. Federalism (Executive Order 13132)

    Under the criteria in Executive Order 13132, this rule does not 
have Federalism implications. This rule does not substantially or 
directly affect the relationship between Federal and State governments 
or impose costs on States or localities. A Federalism Assessment is not 
required.

8. Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) of the Order.

9. Paperwork Reduction Act of 1995

    This rule does not contain an information collection, as defined by 
the Paperwork Reduction Act.

10. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required.

11. Data Quality Act

    In developing this rule we did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554).

12. Effects on the Energy Supply

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

13. Clarity of this Regulation

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.

If you feel that we have not met these requirements, send us comments 
by one of the methods listed in the ``ADDRESSES'' section. To better 
help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, which sections where you feel lists or tables would be 
useful, etc.

List of Subjects in 48 CFR Parts 1401, 1402, 1415, 1417, 1419, 
1436, and 1452

    Government procurement.

    Dated: March 7, 2011.
John C. Henderson,
Acting Assistant Secretary for Policy, Management and Budget.

    For the reasons set out in the preamble, we propose to amend 
Chapter 14 of Title 48 Code of Federal Regulations, parts 1401, 1402, 
1415, 1417, 1419, 1436, and 1452 as follows:
    1. The authority citation for 48 CFR Chapter 14 continues to read 
as follows:

    Authority:  Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5 
U.S.C. 301.

PART 1401--DEPARTMENT OF THE INTERIOR ACQUISITION REGULATION SYSTEM

    2. Revise Sec.  1401.670 to read as follows:


Sec.  1401.670  Contracting officers' representatives.

    When a CO elects to appoint an individual to act as an authorized 
representative in the administration of a contract, the CO must notify 
the contractor of the COR appointment in writing, and provide the name 
and contact information of the COR.
    3. Revise Sec.  1401.670-1 to read as follows:


Sec.  1401.670-1  Contract clause.

    Insert the clause at 1452.201-70 in solicitations and contracts 
under which a COR will be appointed.

PART 1402--DEFINITIONS OF WORDS AND TERMS

    4. In Sec.  1402.170, remove the entry ``BUDS Business Utilization 
Development Specialist'' from the list, and add to the list the entry 
``SBS Small Business Specialist'' after ``SBA Small Business 
Administration.''

PART 1415--CONTRACTING BY NEGOTIATION

    5. In Sec.  1415.404-4, remove the reference to ``FAR 15.905'' in 
paragraph (a), and add in its place ``FAR 15.404-4, and remove 
paragraph (c).

PART 1417--SPECIAL CONTRACTING METHODS

    6. Remove Subpart 1417.5.

PART 1419--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS

    7. In Sec.  1419.202-70, revise the section heading, and revise 
paragraph (h) to read as follows:


Sec.  1419.202-70  Acquisition screening and SBS recommendations.

* * * * *
    (h) The CO shall document the rationale for not accepting a SBS 
recommendation on DI Form 1886, under ``Notes.'' (See FAR 19.202.) 
Disagreements between the CO and the SBS concerning the decision to use 
a set aside or the 8(a) program shall be resolved by the BPC. The BPC 
shall annotate the resolution, with signature, in the ``Notes'' section 
of the form. The BPC may consult with the OSDBU to obtain assistance in 
resolving the disagreement.

PART 1436--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

    8. In Sec.  1436.270-1, in paragraph (b), remove the table entitled 
``Table 1436-1--Uniform Contract Format'' and add in its place the 
following table:


Sec.  1436.270-1  Uniform contract format.

* * * * *

                                      Table 1436-1--Uniform Contract Format
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                        Section                                                   Title
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                                              Part I--The Schedule
----------------------------------------------------------------------------------------------------------------
A......................................................  Solicitation/contract form.
B......................................................  Bid schedule.

[[Page 15903]]

 
C......................................................  Specifications/Drawings.
D......................................................  Packaging and marking.
E......................................................  Inspection and acceptance.
F......................................................  Deliveries or performance.
G......................................................  Contract administration data.
H......................................................  Special contract requirements.
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                                            Part II--Contract Clauses
----------------------------------------------------------------------------------------------------------------
I......................................................  Contract clauses.
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                          Part III--List of Documents, Exhibits, and Other Attachments
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J......................................................  List of attachments.
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                                    Part IV--Representations and Instructions
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K......................................................  Representations, certifications, and other statements
                                                          of offerors.
L......................................................  Instructions, conditions, and notices to offerors.
M......................................................  Evaluation factors for award.
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PART 1452--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    9. Add new Sec.  1452.201-70 to read as follows:


Sec.  1452.201-70  Authorities and delegations.

    As prescribed in Sec.  1401.670-1, insert the following clause:

AUTHORITIES AND DELEGATIONS (XXX 2011)

    (a) The Contracting Officer is the only individual authorized to 
enter into or terminate this contract, modify any term or condition 
of this contract, waive any requirement of this contract, or accept 
nonconforming work.
    (b) The Contracting Officer will designate a Contracting 
Officer's Representative (COR) at time of award. The COR will be 
responsible for technical monitoring of the contractor's performance 
and deliveries. The COR will be appointed in writing, and a copy of 
the appointment will be furnished to the Contractor. Changes to this 
delegation will be made by written changes to the existing 
appointment or by issuance of a new appointment.
    (c) The COR is not authorized to perform, formally or 
informally, any of the following actions:
    (1) Promise, award, agree to award, or execute any contract, 
contract modification, or notice of intent that changes or may 
change this contract;
    (2) Waive or agree to modification of the delivery schedule;
    (3) Make any final decision on any contract matter subject to 
the Disputes Clause;
    (4) Terminate, for any reason, the Contractor's right to 
proceed;
    (5) Obligate in any way, the payment of money by the Government.
    (d) The Contractor shall comply with the written or oral 
direction of the Contracting Officer or authorized representative(s) 
acting within the scope and authority of the appointment memorandum. 
The Contractor need not proceed with direction that it considers to 
have been issued without proper authority. The Contractor shall 
notify the Contracting Officer in writing, with as much detail as 
possible, when the COR has taken an action or has issued direction 
(written or oral) that the Contractor considers to exceed the COR's 
appointment, within 3 days of the occurrence. Unless otherwise 
provided in this contract, the Contractor assumes all costs, risks, 
liabilities, and consequences of performing any work it is directed 
to perform that falls within any of the categories defined in 
paragraph (c) prior to receipt of the Contracting Officer's response 
issued under paragraph (e) of this clause.
    (e) The Contracting Officer shall respond in writing within 30 
days to any notice made under paragraph (d) of this clause. A 
failure of the parties to agree upon the nature of a direction, or 
upon the contract action to be taken with respect thereto, shall be 
subject to the provisions of the Disputes clause of this contract.
    (f) The Contractor shall provide copies of all correspondence to 
the Contracting Officer and the COR.
    (g) Any action(s) taken by the Contractor, in response to any 
direction given by any person acting on behalf of the Government or 
any Government official other than the Contracting Officer or the 
COR acting within his or her appointment, shall be at the 
Contractor's risk.

    (End of clause)
    10. In Sec.  1452.228-7, in paragraph (a), remove the reference 
``1428.311-2'' and add in its place ``1428.311-1.''

[FR Doc. 2011-6646 Filed 3-21-11; 8:45 am]
BILLING CODE 4310-RF-P


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