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[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Rules and Regulations]
[Page 22036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08858]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 201

RIN 0750-AI21

Defense Federal Acquisition Regulation Supplement: Contracting 
Officer's Representative (DFARS Case 2013-D023)

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 remove coverage concerning 
contracting officer's representative responsibilities that is 
procedural in nature.

DATES: Effective April 21, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571-372-
6104.

SUPPLEMENTARY INFORMATION:

I. Discussion

    DoD is revising DFARS 201.602-2 to remove guidance that is internal 
to DoD concerning contracting officer's representative (COR) 
responsibilities. COR responsibilities, addressed at DFARS Procedures, 
Guidance, and Information (PGI) 201.602-2, are also being revised in 
conjunction with this DFARS change. Included in the PGI update is a 
link to the DoD COR Handbook, dated March 22, 2012, which provides 
detailed guidance on COR appointments and duties.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    Publication of proposed regulations, 41 U.S.C. 1707, is the statute 
which applies to the publication of the Federal Acquisition Regulation. 
Paragraph (a)(1) of the statute requires that a procurement policy, 
regulation, procedure or form (including an amendment or modification 
thereof) must be published for public comment if it relates to the 
expenditure of appropriated funds, and has either a significant effect 
beyond the internal operating procedures of the agency issuing the 
policy, regulation, procedure or form, or has a significant cost or 
administrative impact on contractors or offerors. This final rule is 
not required to be published for public comment, because the change is 
not substantive and only modifies the internal operating procedures of 
DoD.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 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). E.O. 
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 E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require 
publication for public comment.

V. Paperwork Reduction Act

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

List of Subjects in 48 CFR Part 201

    Government procurement.

Manuel Quinones,
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 201 continues to read as follows:

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

0
2. Section 201.602-2 is revised to read as follows:

201.602-2  Responsibilities.

    (d) Follow the procedures at PGI 201.602-2 regarding designation, 
assignment, and responsibilities of a contracting officer's 
representative (COR).
    (1) A COR shall 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. 2014-08858 Filed 4-18-14; 8:45 am]
BILLING CODE 5001-06-P
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