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[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Rules and Regulations]
[Pages 58136-58137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23950]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 201

RIN 0750-AH35

Defense Federal Acquisition Regulation Supplement; Designation of 
a Contracting Officer's Representative (DFARS Case 2011-D037)

AGENCY: Defense Acquisition Regulations System; Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to clarify that a contracting 
officer's representative must be an employee, military or civilian, of 
the U.S. Government, a foreign government, or a North Atlantic Treaty 
Organization (NATO)/coalition partner, and that contractor personnel 
shall not serve as contracting officer's representatives.

DATES: Effective date: September 20, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, telephone 703-
602-8383.

SUPPLEMENTARY INFORMATION:

I. Background

    This rule is based on a request from Headquarters NATO Training 
Mission--Afghanistan (NTM-A) to permit the designation of non-U.S. 
Government employees as contracting officer's representatives (CORs) in 
support of the NTM-A's efforts to train the Afghan National Security 
Force (ANSF). The NTM-A supports the growth of the ANSF through 
numerous activities including the contracting of civilian mentoring 
services. These contracts for mentoring services to the ANSF require 
the contractor to deploy teams throughout the joint area of operations 
and interact with non-U.S. coalition partners exclusively. To provide 
assurance that contractual requirements are being met, it is crucial 
that contract performance information be submitted to the contracting 
officer by those coalition units with insight of contractor activities.
    Contracting officers supporting contingency operations abroad 
require the flexibility to ensure the proper oversight of contract 
performance, such as at locations where there is no U.S. presence or 
the designation of a U.S. Government COR is not viable. This rule 
provides that flexibility by clarifying at DFARS 201.602-2 that a COR 
must be an employee, military or civilian, of the U.S. Government, a 
foreign government, or a NATO/coalition partner. CORs must meet all 
training and experience qualifications commensurate with the delegated 
responsibilities per DFARS 201.602-2(2)(ii). In addition, the rule 
makes clear that contractor personnel may not serve as CORs. Contractor 
personnel may, however, continue to perform technical oversight 
functions on behalf of the contracting officer, excluding those that 
are inherently governmental (see FAR 7.5).
    DoD has issued this rule as a final rule because this rule does not 
have a significant effect beyond the internal operating procedures of 
DoD and does not have a significant cost or administrative impact on 
contractors or offerors. Therefore, public comment is not required in 
accordance with 41 US.C. 1707.

II. Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. 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.

III. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant DFARS revision within the 
meaning of FAR 1.501, and public comment is not required in accordance 
with 41. U.S.C. 1707.

IV. Paperwork Reduction Act

    The final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 201

    Government Procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 201 is amended as follows:

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
1. The authority citation for 48 CFR part 201 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

0
2. Section 201.602-2 is amended to revise paragraph (2)(i) to read as 
follows:

201.602-2  Responsibilities.

* * * * *
    (2) * * *

[[Page 58137]]

    (i) Must be an employee, military or civilian, of the U.S. 
Government, a foreign government, or a North Atlantic Treaty 
Organization/coalition partner. In no case shall contractor personnel 
serve as CORs;
* * * * *
[FR Doc. 2011-23950 Filed 9-19-11; 8:45 am]
BILLING CODE 5001-08-P
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