Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 50141 

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: Final rule. 

SUMMARY: The Department of the 

Interior is amending the Department of 

the Interior Acquisition Regulation to be 

consistent with the Federal Acquisition 

Regulation, and to add a new clause 

covering contract administration roles 

and responsibilities. 

DATES: This rule is effective on 

September 12, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Tiffany A. Schermerhorn, Senior 

Procurement Analyst, Office of 

Acquisition and Property Management, 

Office of the Secretary, telephone (202) 

254–5517, fax (202) 254–5591, or e-mail 

tiffany_schermerhorn@ios.doi.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of the Interior (DOI) 

published a proposed rule in the 

Federal Register at 76 FR 15901 on 

March 22, 2011, to revise the 

Department of the Interior Acquisition 

Regulation (DIAR). These changes make 

minor corrections to DOI acquisition 

procedures to make the DOI regulation 

consistent with the Federal Acquisition 

Regulation (FAR), and add a new clause 

covering contract administration roles 

and responsibilities. 

The comment period closed May 23, 

2011. No public comments were 

received. DOI has concluded that the 

proposed rule should be adopted as a 

final rule with no changes. 

1. 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. 

2. 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. 

3. 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. 

4. 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. 

5. 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. 

6. 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. 

7. 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. 

8. Paperwork Reduction Act of 1995 

This rule does not contain an 

information collection, as defined by the 

Paperwork Reduction Act. 

9. 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. 

10. 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. 

List of Subjects in 48 CFR Parts 1401, 

1402, 1415, 1417, 1419, 1436, and 1452 

Government procurement. 

Dated: August 1, 2011. 

Rhea S. Suh, 

Assistant Secretary for Policy, Management 

and Budget. 

For the reasons set out in the 

preamble, we 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 

Parts 1401, 1402, 1415, 1417, 1419, 

1436, and 1452 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 section 1401.670 to read as 

follows: 

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 section 1401.670–1 to read 

as follows: 

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 section 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. Amend section 1415.404–4 as 

follows: 

■ a. In paragraph (a), remove the 

reference to ‘‘FAR 15.905’’ and add in 

its place ‘‘FAR 15.404–4.’’ 

■ b. Remove paragraph (c). 

PART 1417—SPECIAL CONTRACTING 

METHODS 

■ 6. Remove subpart 1417.5. 


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50142 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 

PART 1419—SMALL BUSINESS AND 

SMALL DISADVANTAGED BUSINESS 

■ 7. In section 1419.202–70, revise 

paragraph (h) to read as follows: 

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 section 1436.270–1, in paragraph 

(b), revise the table entitled ‘‘Table 

1436–1—Uniform Contract Format’’ to 

read as follows: 

1436.270–1 Uniform contract format. 

* * * * * 

(b) * * * 

TABLE 1436–1—UNIFORM CONTRACT FORMAT

Section Title 

Part I—The Schedule 

A ................................................................ Solicitation/contract form. 

B ................................................................ Bid schedule. 

C ............................................................... Specifications/Drawings. 

D ............................................................... Packaging and marking. 

E ................................................................ Inspection and acceptance. 

F ................................................................ Deliveries or performance. 

G ............................................................... Contract administration data. 

H ............................................................... Special contract requirements. 

Part II—Contract Clauses 

I ................................................................. Contract clauses. 

Part III—List of Documents, Exhibits, and Other Attachments 

J ................................................................ List of attachments. 

Part IV—Representations and Instructions 

K ................................................................ Representations, certifications, and other statements of offerors. 

L ................................................................ Instructions, conditions, and notices to offerors. 

M ............................................................... Evaluation factors for award. 

PART 1452—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 9. Add new section 1452.201–70 to 

read as follows: 

1452.201–70 Authorities and delegations. 

As prescribed in section 1401.670–1, 

insert the following clause: 

Authorities and Delegations (SEP 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 section 1452.228–7, in 

paragraph (a), remove the reference 

‘‘1428.311–2’’ and add in its place 

‘‘1428.311–1.’’ 

[FR Doc. 2011–20516 Filed 8–11–11; 8:45 am] 

BILLING CODE 4310–RF–P 


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