Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 6909 

I), which was published in the Federal 

Register at 80 FR 4967, January 29, 

2015. 

DATES: Effective: March 2, 2015. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cecelia L. Davis, Procurement Analyst, 

at 202–219–0202, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 202–501– 

4755. Please cite FAC 2005–80; FAR 

Case 2013–001; Corrections. 

SUPPLEMENTARY INFORMATION: 

Corrections 

In rule FR Doc. 2015–01524 published 

in the Federal Register at 80 FR 4967, 

January 29, 2015, make the following 

corrections: 

1. On page 4990, in the first column, 

lines 7, 11, 13, 19, 21, 25, 30, 32, 54, 60, 

and 66, correct ‘‘(March 2, 2015)’’ to 

read ‘‘(Mar 2015)’’ (11 times). 

2. On page 4990, in the second 

column, line 41, correct ‘‘(March 2, 

2015)’’ to read ‘‘(Mar 2015). 

3. On page 4992, in the first column, 

Alternate I, correct ‘‘(March 2, 2015)’’ to 

read ‘‘(Mar 2015)’’. 

4. On page 4992, in the first column, 

section 52.222–56, line 6, correct 

‘‘(March 2, 2015)’’ to read ‘‘(Mar 2015)’’. 

5. On page 4992, in the second 

column, section 52.244–6, lines 4, 10, 

and 12, correct ‘‘(March 2, 2015)’’ to 

read ‘‘(Mar 2015)’’. 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 51 U.S.C. 20113. 

Dated: February 3, 2015. 

William Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

[FR Doc. 2015–02540 Filed 2–6–15; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 37 and 52 

[FAC 2005–80; FAR Case 2014–008; 

Correction; Docket 2014–0008; Sequence 

No. 1] 

RIN 9000–AM84 

Federal Acquisition Regulation; 

Management and Oversight of the 

Acquisition of Services; Correction 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule; correction. 

SUMMARY: DoD, GSA, and NASA are 

issuing a correction to FAR Case 2014– 

008; Management and Oversight of the 

Acquisition of Services (Item II), which 

was published in the Federal Register at 

80 FR 4992, January 29, 2015. 

DATE: Effective: March 2, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael O. Jackson, Procurement 

Analyst, at 202–208–4949, for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at 202–501–4755. Please cite 

FAC 2005–80; FAR Case 2014–008; 

Correction. 

SUPPLEMENTARY INFORMATION: 

Correction 

In rule FR Doc. 2015–01525 published 

in the Federal Register at 80 FR 4992, 

January 29, 2015, make the following 

correction: 

On page 4993, in the third column, 

line 22, correct ‘‘Mar 2015’’ to read 

‘‘(Mar 2015)’’. 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 51 U.S.C. 20113. 

Dated: February 3, 2015. 

William Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

[FR Doc. 2015–02541 Filed 2–6–15; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 46 and 52 

[FAC 2005–80; Technical Amendments; 

Corrections; Docket 2014–0053; Sequence 

No. 5] 

Federal Acquisition Regulation; 

Technical Amendments; Corrections 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule; corrections. 

SUMMARY: DoD, GSA, and NASA are 

issuing corrections to the Technical 

Amendments; (Item III), which was 

published in the Federal Register at 80 

FR 4994, January 29, 2015. 

DATES: Effective: March 2, 2015. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat Division (MVCB), 

1800 F Street NW., 2nd Floor, 

Washington, DC 20405, 202–501–4755, 

for information pertaining to status or 

publication schedules. Please cite FAC 

2005–80, Technical Amendments; 

Corrections. 

SUPPLEMENTARY INFORMATION: 

Corrections 

In rule FR Doc. 2015–01526 published 

in the Federal Register at 80 FR 4994, 

January 29, 2015, make the following 

corrections: 

1. On page 4994, in the second 

column, line 12, correct ‘‘(Jan 2014)’’ to 

read ‘‘(Mar 2015)’’. 

2. On page 4994, in the second 

column, line 43, correct ‘‘(Jan 2015)’’ to 

read ‘‘(Mar 2015)’’. 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 51 U.S.C. 20113. 

Dated: February 3, 2015. 

William Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

[FR Doc. 2015–02529 Filed 2–6–15; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF STATE 

48 CFR Parts 601, 603, 604, 605, 606, 

607, 608, 609, 613, 615, 616, 617, 619, 

622, 623, 624, 625, 627, 628, 631, 632, 

633, 636, 637, 642, 644, 645, 647, 649, 

and 652 

[Public Notice 8971] 

RIN 1400–AD63 

Department of State Acquisition 

Regulation 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State 

(DoS) is making technical amendments 

to the Department of State Acquisition 

Regulation (DOSAR) to provide needed 

editorial changes, updating procedures 

and terminology, and aligning the 

DOSAR with changes to the Federal 

Acquisition Regulation (FAR). 

DATES: This rule is effective on February 

9, 2015. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ella Ramirez, Policy Division, Office of 

the Procurement Executive, A/OPE, 

2201 C Street NW., Suite 1060, State 

Annex Number 15, Washington, DC 

20520. Telephone 703–516–1693. 

SUPPLEMENTARY INFORMATION: This 

rulemaking is necessary to update 


rljohnson on DSK67QTVN1PROD with RULES
6910 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 

certain provisions of the DOSAR, 

located in 48 CFR parts 601, 603, 604, 

605, 606, 607, 608, 609, 613, 615, 616, 

617, 619, 622, 623, 624, 625, 627, 628, 

631, 632, 633, 636, 637, 642, 644, 645, 

647, 649 and 652. 

The amendments being made in this 

rule are all either corrections of 

typographical errors, alignments of 

wording/titling/numbering with the 

FAR, re-numbering/relocating without 

substantive change, changes in 

delegated authority, incorporation of 

agency procedural guidance into the 

CFR, or other minor editorial 

adjustments without substantive 

change. 

The changes being made by this rule 

are: 

DOSAR citation Description of change 

Correction of typographical errors 

605.2 ........................................................ Correct ‘‘Synopsis’’ to ‘‘Synopses.’’ 

605.403 .................................................... Correct ‘‘members’’ to ‘‘Members.’’ 

606.202 .................................................... Correct ‘‘alternate’’ to ‘‘alternative.’’ 

619.202–70(n)(2) ..................................... Correct spelling—‘‘recission’’ to ‘‘rescission.’’ 

627.3 ........................................................ Correct ‘‘Under’’ to ‘‘under.’’ 

633.214–70(d) ......................................... Correct ‘‘simplified acquisition limitation’’ to ‘‘simplified acquisition threshold.’’ 

644.3 ........................................................ Correct misplaced apostrophe in the title. 

Renumber/relocate without substantive change 

601.603–70 .............................................. Redesignate as 601.601–70. 

642.14 ...................................................... Redesignate as Subpart 647.3 and revise internal cites. 

647.3 ........................................................ Add as new subpart (moved from subpart 642.14). 

652.242–71 .............................................. Clause redesignated as 652.247–70, remove 642.1406–2–70(a) and add 647.305–70 in its place. 

652.242–72 .............................................. Clause redesignated as 652.247–71, remove 642.1406–2–70(b) and add 647.305–71 in its place. 

652.247–70 .............................................. Editorial change. Clause moved from 652.242–71. 

652.247–71 .............................................. Editorial change. Clause moved from 652.242–72. 

Wording/title/numbering alignment with FAR 

601.603 .................................................... Add missing words, ‘‘for contracting officers’’ to the title. 

604.13 ...................................................... Correct the title to read ‘‘Personal Identity Verification.’’ 

604.1300 .................................................. Redesignate as 604.1301. 

604.1301 .................................................. Redesignate as section 604.1303. 

604.1301–70 ............................................ Redesignate as section 604.1303–70. 

606.304(a)(2), 606.304–70, 606.370(b), 

606.501(a), 606.501(b), 606.501–70, 

606.570, 616.505(b)(5), 633.103(d)(4), 

637.601, 652.206–70.

Change ‘‘competition advocate’’ and ‘‘Competition Advocate’’ to ‘‘advocate for competition’’ and ‘‘Advocate for Competition,’’ respectively. 

606.370(a) & (b) ...................................... Remove ‘‘41 U.S.C 253(c)(1),’’ and insert ‘‘41 U.S.C. 3304(a)(1)’’ in its place. 

609.404 .................................................... Change title to SAM from EPLS, correct reference and change (c)(3) to (c)(6). 

609.404–70 .............................................. Revise last sentence and correct link to SAM vice EPLS. 

616.505(b)(5) ........................................... Redesignate as 616.505(b)(8). 

619.202–70(o) ......................................... Change threshold from ‘‘$500,000’’ to ‘‘$650,000’’ and from ‘‘$1,000,000’’ to ‘‘$1,500,000.’’ 

619.6 ........................................................ Replace ‘‘Eligibility’’ with ‘‘Responsibility.’’ 

619.803–71 .............................................. Update the SAT to $150,000. 

619.803–71(b) ......................................... Change CCR to SAM. 

619.804–3–70 .......................................... Update the SAT to $150,000. 

619.805–2 ................................................ Update the SAT to $150,000. 

619.811–1(d)(1) ....................................... Remove ‘‘41 U.S.C 253(c)(5),’’ and insert ‘‘41 U.S.C. 3304(a)(5)’’ in its place. 

619.811–1(d)(3) ....................................... Update the SAT to $150,000. 

619.811–3(d) ........................................... Update the SAT to $150,000. 

622.404 .................................................... Correct title to align with FAR. 

622.6 ........................................................ Correct title to align with FAR. 

622.13 ...................................................... Correct title to align with FAR. 

623.4 ........................................................ Correct title to align with FAR 

624.202 .................................................... Redesignate as 624.203. 

625.1 ........................................................ Correct title to align with FAR. 

625.2 ........................................................ Correct title to align with FAR. 

627.2 ........................................................ Correct title to align with FAR. 

627.203 .................................................... Redesignate as 627.201 and correct the title. 

627.203–6 ................................................ Redesignate as 627.201–2, revise the title to ‘‘Contract clauses’’, designate para as (e), and correct 

FAR citation. 

627.304–5 ................................................ Redesignate as 627.304–4 and correct FAR citations. 

628.1 ........................................................ Correct title to align with FAR. 

628.2 ........................................................ Correct title to align with FAR. 

631.205–6(g)(3) ....................................... Redesignate (g)(3) to (g)(6). 

632.705 .................................................... Redesignate as section 632.706. 

632.705–70 .............................................. Redesignate as section 632.706–70. 

633.203(b) ............................................... Designate the text as (b). 

633.214–70(a) ......................................... Remove ‘‘Contract Disputes Act’’ and insert ‘‘Disputes statute (41 U.S.C. chapter 71)’’ in its place. 

636.202 .................................................... Delete section (due to revocation of E.O. 13202, per FAC 2005–35). 


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Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 6911 

DOSAR citation Description of change 

Add existing policy/procedure to CFR 

601.601–70(c) .......................................... Incorporate template for justifying use of ‘‘notwithstanding’’ authority. 

601.602–3 ................................................ Incorporate procedures for ratifications. 

601.603–3(e) ........................................... Incorporate advice regarding authority to sign real property leases. 

604.2 ........................................................ Incorporate contract distribution procedures. 

604.8 ........................................................ Incorporate contract file procedures. 

604.16 ...................................................... Incorporate contract solicitation/contract numbering guidelines. 

604.70 ...................................................... Incorporate contract review procedures. 

604.71 ...................................................... Incorporate procurement QA program procedures. 

604.72 ...................................................... Incorporate procedures for secure procurement for controlled access areas. 

605.207 .................................................... Incorporate procedures for preparation and transmittal of synopses. 

606.303–2 ................................................ Incorporate content requirements for justifications and approvals. 

607.102 .................................................... Incorporate policy statement regarding acquisition planning. 

607.103(d) and (j) .................................... Incorporate requirement for written acquisition plans and approval level.

607.105 .................................................... Incorporate requirements for content of acquisition plans. 

607.5 ........................................................ Incorporate requirement for determination of not inherently governmental. 

608.8 ........................................................ Incorporate statutory exemption for overseas printing and binding services. 

608.70 ...................................................... Incorporate procedures for overseas acquisition of official vehicles. 

613.302 .................................................... Incorporate guidance on distribution and content of purchase orders.

613.303–1 ................................................ Incorporate prohibition on use of BPAs for pest control services. 

613.303–6 ................................................ Incorporate procedures for internal reviews of BPAs. 

613.307 .................................................... Incorporate guidance on use of forms for purchase orders, delivery orders and BPAs. 

615.4 ........................................................ Incorporate procedures for structured approach for profit/fee analysis. 

616.1 ........................................................ Incorporate limitations on overseas contracting authority and guidance on use of model solicitations. 

619.870 .................................................... Incorporate administrative requirements related to 8(a) contracts. 

628.305( c) .............................................. Remove guidance on DoS contract with insurance broker/carrier. 

628.309–70(b) ......................................... Remove guidance on DoS contract with insurance broker/carrier. 

628.309–70(c) .......................................... Remove guidance on DoS contract with insurance broker/carrier. 

632.006–3 ................................................ Incorporate requirements for reporting fraud and payment process. 

633.203(c) ................................................ Incorporate change from GSBCA to CBCA. 

633.214–70(c) & (c)(2) ............................ Incorporate change from GSBCA to CBCA. 

636.602–4 ................................................ Incorporate guidance on selection authority for AE contracts. 

636.606 .................................................... Incorporate guidance on waiver from statutory fee limitation. 

637.102(c) ................................................ Incorporate requirement for requiring activity justification for acquisition of services. 

637.103( e) .............................................. Incorporate guidance to contracting officers regarding review of services acquisition requests. 

637.104–71 .............................................. Incorporate guidance on personal services agreements. 

642.1503–70 ............................................ Revise to recognize shift to CPARS. 

649.111 .................................................... Incorporate guidance on review and approval of termination settlements. 

652.228–72/73/74 .................................... Remove clause on DoS contract with insurance broker/carrier. 

652.228–70(d) ......................................... Remove paragraph on DoS contract with insurance broker/carrier. 

652.228–71 .............................................. Revise clause to reflect elimination of DoS contract with insurance broker/carrier. 

652.236–71 .............................................. Incorporate statutory changes. 

652.236–72 .............................................. Delete from para. (a) phrases ‘‘and Section 406(c)‘‘, ‘‘, and excludes . . . Libya’’, and ‘‘, and whether 

they . . . in this solicitation’’; and delete para (d)(9). 

Changes in delegated authority 

601.601–70(b)(5) ..................................... Reflects increased authority. 

601.601–70(a)(6) ..................................... Move to section 601.601–70(b)(8). 

601.601–70(b)(8) ..................................... Revise subparagraph to reflect that RPSOs are not ‘‘contracting activities.’’ 

615.303(a) ............................................... Incorporate HCA authority to appoint other than a contracting officer as selection authority. 

623.2 ........................................................ Incorporate designation of HCA as agency head. 

Other editorial adjustments without substantive change 

601.106 .................................................... Delete burden hours estimates. 

601.301 (a) .............................................. Delete specific delegation letters. 

601.302(b) ............................................... Editorial changes. 

601.603–1 ................................................ Correct URL for ACMP Handbook. 

603.104–4(a) ........................................... Remove ‘‘who is the agency head’s designee,’’ 

603.104–4(a)(6), 619.201(a), (b), (d)(18) 

and (f)(1). 619.202–70(e)(3), (j)(1), 

(j)(2), (k)(1), (k)(2), (m)(2), (m)(3), 

(m)(4), (n)(1), and (n)(2). 619.402–70. 

619.506(b), 619.602–1, 619.705–4, 

619.705–6–70(a) and (b), 619.803–70, 

619.803–71(d) and 619.811–1(d)(4).

Change OSDBU office code. 

604.1303–70 ............................................ Revise to show proper clause title for 652.204–70. 

606.302–6(c)(1) ....................................... Update E.O. to ‘‘13526’’ and replace the ‘‘Office of Security Infrastructure’’ with ‘‘Security Infrastructure Directorate.’’ 

606.303 .................................................... Insert the title line ‘‘606.303 Justifications.’’ 

606.304(a)(2) ........................................... Editorial change to eliminate the need for future changes to thresholds. 

606.304(d) ............................................... Delete text—merely repeats the FAR. 


rljohnson on DSK67QTVN1PROD with RULES
6912 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 

DOSAR citation Description of change 

609.402 .................................................... Add new section, with designation of Procurement Executive as the suspending official and debarring 

official. 

609.403 .................................................... Remove the definitions of ‘‘Debarring official’’ and ‘‘Suspending official.’’ 

616.505(b)(5) ........................................... Delete ‘‘contract.’’ 

617.201, 617.201–70 ............................... Remove both sections entirely. 

619.803–71(d) ......................................... Delete unnecessary terms and change A/SDBU to OSDBU. 

619.811–1(d)(2), 619.811–1(d)(3), 

619.811–1(e), 619.811–3(e), 

619.812(d), 625.7002, 636.570(a)(3).

Remove the word ‘‘DOSAR,’’ per the citation convention at 601.303(c). 

622.404–3 ................................................ Correct DOSAR citation. 

622.406–8(a) ........................................... Correct ‘‘chief of the contracting activity’’ to ‘‘head of the contracting activity.’’ 

623.302–70 .............................................. Change ‘‘with’’ to ‘‘that.’’ 

627.303 .................................................... Revise first sentence for clarity. 

636.513(a) ............................................... Replace ‘‘DOSAR’’ with ‘‘the clause at.’’ 

637.103(a)(2) ........................................... Insert missing sub-paragraph identifier ‘‘(a)(2).’’ 

637.104 .................................................... Designate the text as para (e). 

637.104–70 .............................................. Correct title. 

645.107–70(a)(1) ..................................... Change ‘‘and’’ to ‘‘or.’’ 

645.107–70(a)(3) ..................................... Change ‘‘ . . . paragraphs (a)(1) or (2) of this . . .’’ to ‘‘. . . paragraph (a)(1) of this . . .’’ 

649.106 .................................................... Delete ‘‘Termination’’ and replace ‘‘TCO’’ to ‘‘CO.’’ 

652.204–70 .............................................. Correct the title to ‘‘Department of State Personal Identification Card Policy and Procedures’’ and 

make editorial corrections to the body of the clause. 

652.206–70 .............................................. Editorial changes. 

652.237–72 .............................................. Correct the first sentence of paragraph (b). 

652.245–71(c)(1) ..................................... Change ‘‘and’’ to ‘‘or.’’ 

652.245–71(c)(3) ..................................... Delete ‘‘or (c)(2).’’ 

Regulatory Findings 

Administrative Procedure Act 

The Department is publishing this 

rule as a final rule, in accordance with 

the ‘‘good cause’’ provision of 5 U.S.C. 

553(b). The Department finds that, since 

the amendments in this rule are merely 

technical in nature or address the 

internal operating procedures of the 

agency, public comment is unnecessary. 

For the same reason, the effective date 

of this rulemaking is the date of 

publication, in accordance with 5 U.S.C. 

553(d). 

Regulatory Flexibility Act 

The Department of State, in 

accordance with the Regulatory 

Flexibility Act (5 U.S.C. 605(b)), has 

reviewed this regulation and, by 

approving it, certifies that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. This determination was based 

on the fact that the amendments in this 

rule are merely technical in nature, or 

consist of internal operating procedures 

of the agency, and they do not have any 

cost or administrative impact on offerors 

or contractors. Thus, it was concluded 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Unfunded Mandates Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Act of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by the Small Business 

Regulatory Enforcement Act of 1996 (5 

U.S.C. 801 et seq.). This rule will not 

result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

import markets. This determination was 

based on the fact that the amendments 

in this rule are merely technical in 

nature or address the internal operating 

procedures of the agency. The rule does 

not have any cost or administrative 

impact on offerors or contractors. 

Executive Orders 12866 and 13563 

Executive Orders (E.O.) 12866 and 

13563 direct agencies to assess 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 emphasized the importance 

of quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. The 

Department of State does not consider 

this rule to be a ‘‘significant regulatory 

action’’ under Executive Order 12866. 

In addition, the Department is exempt 

from Executive Order 12866 except to 

the extent that it is promulgating 

regulations in conjunction with a 

domestic agency that are significant 

regulatory actions. The Department has 

nevertheless reviewed the regulation to 

ensure its consistency with the 

regulatory philosophy and principles set 

forth in the Executive Orders and finds 

that the benefits of updating this rule 

outweigh any costs, which the 

Department assesses to be minimal. 

Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. 

Executive Order 13175 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 


rljohnson on DSK67QTVN1PROD with RULES
Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 6913 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

The rule imposes no new or revised 

information collections under the 

Paperwork Reduction Act of 1980 (44 

U.S.C. Chapter 35). 

List of Subjects in 48 CFR Parts 601, 

603, 604, 605, 606, 607, 608, 609, 613, 

615, 616, 617, 619, 622, 623, 624, 625, 

627, 628, 631, 632, 633, 636, 637, 642, 

644, 645, 647, 649, and 652 

Administrative practice and 

procedure, Government procurement. 

For the reasons stated in the 

preamble, the Department of State 

amends 48 CFR chapter 6 as follows: 

■ 1. The authority citation for 48 CFR 

parts 601, 603, 604, 605, 606, 607, 609, 

613, 615, 616, 617, 619, 622, 623, 624, 

625, 627, 628, 631, 632, 633, 636, 637, 

642, 644, 645, 647, 649 and 652 is 

revised to read as follows: 

Authority: 22 U.S.C. 2651a, 40 U.S.C. 

121(c) and 48 CFR chapter 1. 

PART 601—DEPARTMENT OF STATE 

ACQUISITION REGULATION SYSTEM 

■ 2. Section 601.106 is revised to read 

as follows: 

601.106 OMB approval under the 

Paperwork Reduction Act. 

The Paperwork Reduction Act of 1980 

(44 U.S.C. 3501–3520) requires that 

Federal agencies obtain approval from 

the Office of Management and Budget 

before collecting information from ten 

(10) or more members of the public. 

Individuals are not required to respond 

to information collection unless the 

OMB number and burden estimate 

information is provided. Accordingly, 

the information and recordkeeping 

requirements contained in this 

regulation have been approved by OMB 

under OMB Control Number 1405–0050. 

The information and recordkeeping 

requirements for Form DS–4053, 

Department of State Mentor-Prote ́ge ́

Program Application, have been 

approved by OMB under OMB Control 

Number 1405–0161. 

■ 3. In section 601.301, paragraph (a) is 

revised to read as follows: 

601.301 Policy. 

(a) The Assistant Secretary of State for 

Administration is the agency head for 

the purposes of FAR 1.301. The 

Assistant Secretary of State for 

Administration redelegated to the 

Procurement Executive the authority to 

prescribe, promulgate, and amend DOS 

acquisition policies, rules, and 

regulations. 

* * * * * 

■ 4. In section 601.302, revise paragraph 

(b) to read as follows: 

601.302 Limitations. 

* * * * * 

(b) At posts where Joint 

Administrative Offices have been 

formed and DOS is the procurement 

agency, the FAR and DOSAR apply to 

all administrative and technical support 

acquisitions. 

601.603–70 [Redesignated as 601.601–70] 

■ 5. Redesignate section 601.603–70 as 

section 601.601–70. 

■ 6. Revise newly redesignated section 

601.601–70 as follows: 

■ a. Revise paragraph (b)(5); 

■ b. Redesignate paragraph (a)(6) as 

paragraph (b)(8); 

■ c. Revise newly redesignated (b)(8) 

and 

■ d. Add paragraph (c). 

The revisions and addition read as 

follows: 

601.601–70 Delegations of authority. 

* * * * * 

(b) * * * 

(5) Bureau of International Narcotics 

and Law Enforcement Affairs. The 

authority to enter into and administer 

simplified acquisition transactions 

under FAR part 13, to enter into and 

administer contracts over the simplified 

acquisition threshold but not exceeding 

$500,000 for non-commercial item 

acquisitions; up to $6.5 million for the 

acquisition of commercial items using 

the simplified acquisition procedures 

under the Test Program of FAR subpart 

13.5; orders against existing contracts 

up to the maximum ordering threshold 

or limitation and personal services 

contracts pursuant to the Foreign 

Assistance Act of 1961, as amended; 

and, 48 CFR Chapter 7, Agency for 

International Development Acquisition 

Regulation (AIDAR), including any 

amendments thereto. INL follows the 

AIDAR guidance for doing personal 

service contracts. All other contracting 

actions follow the DOSAR and DoS 

regulations. These authorities extend to 

any acquisition performed by any 

Department of State contracting activity 

on behalf of INL. 

* * * * * 

(8) Regional Procurement Support 

Offices. The authority to enter into and 

administer contracts for the expenditure 

of funds involved in the acquisition of 

supplies, equipment, publications, and 

services on behalf of overseas posts is 

delegated to each Director, Regional 

Procurement Support Office (RPSO) at 

the following locations: 

(i) RPSO Frankfurt in conjunction 

with Consulate General Frankfurt; and 

(ii) RPSO Florida in conjunction with 

the Florida Regional Center. 

(c) Execution of delegated authority. 

(1) Whenever the contracting officer 

makes use of the various statutory 

authorities available to the Department 

to waive the application of the Federal 

Acquisition Regulation or laws 

governing acquisition, such as those 

provided in the Foreign Assistance Act 

(22 U.S.C. 2291) or the Foreign Service 

Buildings Act (22 U.S.C. 294), a written 

determination of the basis for using the 

authority must be prepared and 

included in the file. 

(2) If the statute or current practice of 

the requiring office does not specify a 

particular format, use the following 

format. 

DETERMINATION FOR USE OF 

AUTHORITY TO WAIVE ____[fill in 

what is being waived] 

SUBJECT: [State title of program or project] 

DESCRIPTION OF REQUIREMENT: [Briefly 

describe what is being acquired] 

STATUTORY AUTHORITY: [Cite specific 

statute, such as 22 U.S.C. 2291(a)(4) for 

INL, and provide quotation from the law 

that conveys authority for the waiver at 

issue] 

SCOPE OF WAIVER: [Describe what is being 

waived, such as (but not limited to) the 

Federal Acquisition Regulation (FAR) in its 

entirety, the Competition in Contracting 

Act as implemented in FAR Parts 5 and 6, 

or FAR Part 32 limitation on advance 

payments, etc.; also identify the individual 

acquisition or class of acquisitions for 

which the waiver is being sought.] 

JUSTIFICATION: [Describe the need to use 

the authority and the anticipated impact of 

not doing so; discuss alternatives 

considered, if any] 

CONCURRENCE: 

lllllllllllllllllllll

Contracting Officer 

lllllllllllllllllllll

Date 

lllllllllllllllllllll

Legal Advisor 

lllllllllllllllllllll

Date 

lllllllllllllllllllll

APPROVAL/SIGNATURE: 

lllllllllllllllllllll

Approving Official 

lllllllllllllllllllll

Date 

(3) The determination may be made 

for an individual acquisition or on a 

class basis, as appropriate. The 

Contracting Officer must ensure that the 

proper official makes the determination 

in question. There may already be a 

Department of State delegation of 


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6914 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 

authority to a specific individual to 

make the determination. 

■ 7. Add sections 601.602–3 and 

601.602–3–70 as follows: 

601.602–3 Ratification of unauthorized 

commitments. 

(b) Policy. (1) The Government 

generally is not bound by unauthorized 

commitments. Unauthorized 

commitments violate the Federal 

Property and Administrative Services 

Act, other Federal laws, the FAR, the 

DOSAR, and proper acquisition 

practice. Therefore, such unauthorized 

commitments are serious violations that 

could result in disciplinary action 

against the transgressor, e.g., withdrawal 

of a contracting officer’s warrant or a 

Contracting Officer’s Representative 

delegation or collection action. 

(2)(i) Unauthorized commitments not 

exceeding $1,000. The head of the 

contracting activity is delegated the 

authority to serve as the ratifying official 

for unauthorized commitments not 

exceeding $1,000, including 

unauthorized commitments from other 

agencies where a DOS employee serves 

as the contracting officer for that action. 

The head of the contracting activity may 

refer any actions not exceeding $1,000 

to the DOS Procurement Executive for 

ratification if he or she so chooses. 

(ii) Unauthorized commitments 

exceeding $1,000. All DOS 

unauthorized commitments in excess of 

$1,000 shall be submitted to the DOS 

Procurement Executive for ratification. 

Unauthorized commitments in excess of 

$1,000 from other agencies may be 

referred to the other agency’s 

representative at post for resolution in 

accordance with that agency’s 

ratification process. 

(3) Claims. Unauthorized contractual 

commitments that would involve claims 

subject to resolution under the Contracts 

Dispute Act of 1978 shall be processed 

in accordance with FAR subpart 33.2 

and subpart 633.2. 

(4) Disciplinary action. The 

Procurement Executive may refer 

egregious cases of unauthorized 

commitments to HR/ER for possible 

disciplinary action in accordance with 3 

FAM 4370 or 3 FAM 4540. Examples 

might include repeated unauthorized 

commitments knowingly made by an 

employee; failure to take responsibility 

for a deliberate unauthorized 

commitment; or similar reasons. The 

Procurement Executive may revoke the 

appointment certificate of any 

contracting officer who makes an 

unauthorized commitment. The 

Procurement Executive may direct a 

contracting officer to revoke the 

appointment memorandum of a 

Contracting Officer’s Representative or 

Government Technical Monitor who 

makes an unauthorized commitment. 

601.602–3–70 Procedures. 

(a)(1) The person who made the 

unauthorized commitment shall submit 

all records and documents concerning 

the unauthorized commitment to the 

contracting officer assigned the 

ratification action. That person shall 

provide a complete written, signed 

statement of the facts, including why 

normal acquisition procedures were not 

followed; a statement justifying a sole 

source acquisition (Justification for 

Other Than Full and Open Competition) 

if the unauthorized commitment 

exceeds $100,000; why and how the 

vendor was selected; a list of other 

sources considered; a description of 

work or products; a statement regarding 

the status of performance; an estimated 

or agreed price; certified funding 

citations; a statement as to why he/she 

should not be personally liable for the 

cost, e.g., a public purpose was served 

and no personal benefit was received; a 

statement as to whether the individual 

has ever been responsible for any other 

unauthorized commitments in the 

Department of State; and, a statement as 

to the number of unauthorized 

commitments processed by the 

responsible office within the last three 

calendar years and the circumstances 

surrounding each of these actions. 

(2) When the person who made the 

unauthorized contractual commitment 

is no longer available to attest to the 

circumstances of the unauthorized 

commitment, an officer from the 

responsible office shall accomplish the 

requirements of this paragraph; the 

statement shall identify the individual 

responsible for the unauthorized 

commitment. 

(3) In addition, a cognizant 

management official from the office that 

employed the individual who made the 

unauthorized commitment at the time 

the unauthorized commitment was 

made shall provide a statement detailing 

actions that he/she will take to ensure 

that such commitments will not occur 

again under the same or similar 

circumstances. 

(4) This statement shall be cleared by 

the Executive Director of the Bureau 

that employs (or employed) the person 

who made the unauthorized 

commitment. 

(b) The contracting officer assigned 

the ratification action shall prepare and 

execute a recommendation to the 

ratifying official. The contracting officer 

shall either recommend that the 

ratifying official approve and ratify the 

unauthorized commitment; or, 

disapprove the ratification of the 

unauthorized commitment. 

(1) The recommendation shall include 

the facts and circumstances of the 

unauthorized commitment; the 

information prescribed in FAR 1.602– 

3(c)(1) and (c)(3) through (6); and a 

recommendation to the ratifying official 

as to whether the unauthorized 

commitment should be ratified. 

(2) Following the signature of the 

contracting officer, the recommendation 

shall include a statement that the 

ratifying official could have granted 

authority to enter into a contractual 

commitment at the time it was made 

and still has the authority to do so; that 

the ratifying official hereby ratifies (or 

disapproves) the unauthorized 

commitment in the amount specified; 

and a date and signature block for the 

ratifying official. 

(c) The information required in 

paragraph (b)(1) of this section shall be 

supported by factual findings included 

or referenced in the recommendation. 

(d) The contracting officer shall 

submit the complete file to the ratifying 

official. For actions exceeding $1,000, 

the file shall be submitted through the 

head of the contracting activity to the 

Procurement Executive. 

(e) Upon receipt and review of the 

complete file, if the ratifying official 

ratifies the unauthorized commitment, 

the file shall be returned, through the 

head of the contracting activity if the 

action exceeds $1,000, to the contracting 

officer for issuance of the appropriate 

contractual document(s). If the request 

for ratification is not justified, the 

ratifying official shall return the request 

to the head of the contracting activity (if 

over $1,000) or to the contracting officer 

(if under $1,000) with a written 

explanation for the decision and a 

recommendation for disposition of the 

action. 

■ 8. Revise the section 601.603 heading 

to read as follows: 

601.603 Selection, appointment, and 

termination of appointment for contracting 

officers. 

* * * * * 

601.603–1 [Amended] 

■ 9. In section 601.603–1, remove 

‘‘http://foia.state.gov/REGS/search.asp’’ 

and add ‘‘http://www.state.gov/m/a/dir/ 

regs/fah/14fah03/index.htm’’ in its 

place. 

■ 10. In section 601.603–3, add 

paragraph (e) to read as follows: 

601.603–3 Appointment. 

* * * * * 

(e) Real property leases. The FAR and 

DOSAR do not apply to leases of real 


rljohnson on DSK67QTVN1PROD with RULES
Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 6915 

property. A contracting officer 

certificate of appointment is not 

required. Authority to sign real property 

leases is as follows: 

(1) Domestic real property leases. The 

General Services Administration has 

delegated domestic leasing authority to 

the Department of State’s Office of Real 

Property Management (A/OPR/RPM). 

This delegation is accomplished on a 

case-by-case basis. 

(2) Real property leases abroad. 

Authority to sign real property leases 

abroad is held by the Director/Chief 

Operating Officer (DIR/COO) of the 

Bureau of Overseas Buildings 

Operations (OBO), through the Secretary 

of State, under the Foreign Buildings 

Act of 1926, as amended (22 U.S.C. 292 

et seq.). Leases at post may be executed 

by the General Services Officer or by 

other post administrative personnel as 

authorized by OBO. 

PART 603—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

603.104–4 [Amended] 

■ 11. Amend section 603.104–4 as 

follows: 

■ a. In paragraph (a), remove ‘‘who is 

the agency head’s designee’’; and 

■ b. In paragraph (a)(6), remove ‘‘A/

SDBU’’ and add in its place ‘‘OSDBU’’. 

PART 604—ADMINISTRATIVE 

MATTERS 

■ 12. Add subpart 604.2, consisting of 

section 604.202, to read as follows: 

Subpart 604.2—Contract Distribution 

604.202 Agency distribution requirements. 

As necessary, the contracting officer 

shall distribute copies of the signed 

contract or modification to those 

officers/offices involved in contract 

administrative support functions, e.g., 

the Contracting Officer’s Representative; 

the requirements office; the Post 

Occupational Safety and Health Officer 

(POSHO); the Despatch Agent or other 

receiving activity, particularly if it is the 

initial point of contact for receipt of 

goods or services; the financial 

management office; and each post or 

office where the contract shall be 

performed. Where required by the laws 

of a foreign country, overseas posts shall 

retain the original copy of the contract 

or modification awarded by a domestic 

contracting activity for performance 

overseas. The contracting officer shall 

send copies of contracts and 

modifications awarded as small 

business or 8(a) set-asides to OSDBU. 

■ 13. Add subpart 604.8 to read as 

follows: 

Subpart 604.8—Government Contract Files 

604.802 Contract files. 

604.803 Contents of contract files. 

604.803–70 Contract file table of contents. 

604.804 Closeout of contract files. 

604.804–70 Contract closeout procedures. 

604.805 Storage, handling, and disposal of 

contract files. 

Subpart 604.8—Government Contract 

Files 

604.802 Contract files. 

Heads of contracting activities shall 

maintain standard procedures to 

conform to FAR 4.802 for file location 

and maintenance. 

(f) Electronic files. Offices may 

maintain files in electronic media 

provided all documentation is 

maintained as required by FAR subpart 

4.8. Electronic files dispersed in 

multiple locations, or maintained with 

no naming convention, do not constitute 

adequate electronic records. 

604.803 Contents of contract files. 

604.803–70 Contract file table of contents. 

(a) It is the Department’s policy that 

all contracts, regardless of dollar value, 

be properly documented so as to 

provide a complete record of: presolicitation activities; the solicitation, 

evaluation, and award process; and, the 

administration of the contract through 

closeout. 

(b) All domestic contracting activities 

awarding contracts using other than 

simplified acquisition procedures shall 

use the format of Form DS–1930, 

Domestic Contract File Table of 

Contents, and all overseas contracting 

activities shall use the format of Form 

DS–1929, Overseas Contract File Table 

of Contents, unless an alternate format 

has been approved by A/OPE. 

(c) Each table of contents is organized 

in chronological order, with six separate 

sections for each of the six parts of the 

file folder (from Section I, PreSolicitation, through Section VI, 

Contract and Modifications/Contract 

Closeout). Alternatively, for ease of 

contract administration, offices may 

choose to organize contract files with 

Section VI of the table of contents at the 

beginning of the folder, with Section I 

at the back of the folder. 

(d) The format of Form DS–1928, 

Contract Administration File Table of 

Contents, may be used by those offices 

that prefer to have a separate file folder 

for contract modifications or delivery/

task orders. 

604.804 Closeout of contract files. 

604.804–70 Contract closeout procedures. 

(a) This section sets forth procedures 

for closing out contracts awarded using 

other than simplified acquisition 

procedures by contracting activities and 

requirements offices. It is the 

Department’s policy to close out 

contracts in the time frames prescribed 

by FAR Part 4. 

(b) Contracting activities are 

responsible for initiating each contract 

closeout. Contracting activities and 

requirements offices are jointly 

responsible for timely compliance with 

required contract closeout procedures. 

(c) The contract closeout process shall 

begin as soon as possible after the 

contract is physically completed, which 

means that the contractor has delivered 

the required supplies and the 

Government has inspected and accepted 

them, or the contractor has performed 

and the Government has accepted all 

services required by the contract, and 

the base period and any option periods 

exercised have expired. 

(d) Specific procedures. The normal 

steps for closing out a physically 

completed contract shall be as follows. 

These steps are summarized in the 

Contract Closeout Checklist, which shall 

be completed by the contracting officer 

and included in the contract file. The 

contracting officer shall indicate any 

items that are not applicable (e.g., patent 

reports, royalty reports, etc.). 

(1) The contracting officer shall verify 

that all work under the contract has 

been completed; obtain the COR’s 

assessment of the contractor’s 

performance; and conduct an initial 

funds status review, i.e., determine if 

the contract has excess funds that 

should be deobligated by contract 

modification. Contracting officers shall 

send a cover memo to the COR, to 

which should be attached the COR 

Completion Certificate, the applicable 

performance evaluation form 

(depending on whether the contract is 

for construction (SF–1420), architectengineering services (SF–1421), or other 

supplies or services (DS–1771, 

Contractor Evaluation Statement)); and, 

a final payment and closeout 

memorandum. Contracting officers may 

require CORs to input past performance 

data directly into the Contractor 

Performance Assessment Reporting 

System (CPARS) as opposed to 

completing a paper evaluation form (see 

642.1503–70). 

(2) After receipt of the COR’s 

response, and the contractor’s release, 

the contracting officer shall send a final 

payment memo to the office responsible 

for payment of invoices/vouchers. 

(3) An audit is required for costreimbursement contracts over $550,000, 

unless available data are considered 

adequate for a reasonableness 

determination, in which case the 


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6916 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 

contract file shall be documented with 

the appropriate rationale. Requests for 

audits shall be submitted through the 

Office of the Inspector General. Costreimbursement contracts may be closed 

after receipt of the audit report and 

resolution of any issues raised. Quick 

closeout procedures may be followed, as 

prescribed in FAR 42.708. The 

contracting officer may request an audit 

of any contract, if warranted; however, 

audits should not be requested if the 

cost of the audit is likely to exceed 

potential cost recovery, except where 

fraud or misrepresentation is suspected. 

(4) The contracting officer shall send 

a letter to the contractor requesting 

release of claims, using the appropriate 

format. In addition, a Contractor 

Assignment Letter is required for certain 

contracts. To determine which format is 

applicable, contracting officers shall 

refer to the Payments clause in the 

contract. 

(5) The contracting officer shall 

reconcile the contract obligations and 

contractor payments, and then 

deobligate any excess funds remaining 

in the contract by issuing a contract 

modification on a SF–30. Close 

coordination with the finance office is 

necessary in order to receive the 

required information to perform a funds 

status review. 

(6) The contracting officer shall verify 

that all relevant documentation is 

included in the contract file (see 

604.803–70). 

(7) Upon completion of 8(a) contracts, 

the contracting officer shall complete 

the Small Business Administration’s 

Contract Completion Form within ten 

(10) days of contract completion. One 

copy shall be forwarded to SBA, one 

copy shall be retained in the contract 

file, and one copy shall be sent to 

OSDBU. 

(8) For classified contracts, the 

contractor is required to return to the 

Department all classified material 

received or generated under the 

contract, or to destroy all classified 

material, unless retention is requested 

and authorized by the Department. The 

contracting officer shall notify DS/PRD/ 

IN of contract completion, final delivery 

of goods or services or the termination 

of the classified contract. The 

contracting officer shall ensure that any 

classified material contained in the 

contract file is properly marked and 

accounted for. 

(9) Closeout documents are available 

on the Intranet at the A/OPE Web site. 

(e) Contract files that have been 

closed out shall be retained in 

accordance with the schedule in FAR 

4.805. 

(f) Contract files for contracts using 

simplified acquisition procedures are 

considered closed when the contracting 

officer receives evidence of property/

services and final payment. Disposal of 

such files shall be as prescribed in FAR 

4.805. 

604.805 Storage, handling, and disposal of 

contract files. 

Heads of contracting activities shall 

prescribe procedures for handling, 

storing, and disposing of contract files. 

Additional guidance on records 

management may be found in 5 FAM. 

Subpart 604.13 Personal Identity 

Verification 

■ 14. Revise the subpart 604.13 heading 

to read as set forth above. 

604.1300 and 604.1301 [Redesignated as 

604.1301 and 604.1303] 

■ 15. Redesignate sections 604.1300 and 

604.1301 as sections 604.1301 and 

604.1303, respectively. 

604.1301–70 [Redesignated as 604.1303– 

70] 

■ 16. Redesignate section 604.1301–70 

as 604.1303–70 and revise it to read as 

follows: 

604.1303–70 DOSAR contract clause. 

The contracting officer shall insert the 

clause at 652.204–70, Department of 

State Personal Identification Card Policy 

and Procedures, in solicitations and 

contracts that require contractor 

employees to perform on-site at a DOS 

location and/or that require contractor 

employees to have access to DOS 

information systems. 

■ 17. Add subparts 604.16, 604.70, 

604.71, and 604.72 to read as follows: 

Subpart 604.16—Unique Procurement 

Instrument Identifiers 

604.1601 Policy. 

(c)(1) Procurement Instrument 

Identifier (PIID). Uniform numbers shall 

be assigned to all DOS procurement 

instruments, domestic and overseas. 

The numbering system applies to all 

contracts, purchase orders, and other 

related instruments, including 

solicitation documents and delivery 

orders. This includes instruments 

executed by DOS contracting officers on 

behalf of other federal agencies. It does 

not include requisitions submitted to a 

contracting activity, or to instruments 

awarded under Federal assistance 

arrangements, e.g., grants, cooperative 

agreements, and loans. Numbers shall 

be placed in appropriate spaces on 

government forms and appear on all 

documentation intended to support 

official contract files. 

(2) Responsibility. Heads of 

contracting activities are responsible for 

enforcing compliance with the uniform 

numbering system. Heads of contracting 

activities shall develop and maintain a 

system for assigning and recording 

contract numbers that conforms to this 

section. 

(3) Instrument identification numbers. 

A 13-character ‘‘alpha-numeric’’ 

designator shall be assigned to all DOS 

procurement instruments. Positions 

(beginning at the left) one through six 

shall identify the purchasing office; 

positions seven and eight, the fiscal year 

in which the number is assigned; 

position nine, a symbol designating a 

type of procurement instrument; and 

positions ten through thirteen, a fourposition serial number. 

(i) The first six positions shall 

commence with ‘‘S’’ to designate a DOSissued contract. The remaining five 

characters shall identify the activity 

preparing the instrument. Domestic and 

overseas contracting activities shall 

assign the character codes using the 

five-digit designator from the listing at 

http://www.aopeprocurement

reports.com/ReportServer_OPEMS2008/

Pages/ReportViewer.aspx?%2fDOS

Report%2fPostCode

List&rs:Command=Render. DOS 

organizations not listed shall contact A/ 

OPE for assignment of an office code. 

(ii) The seventh and eighth positions 

shall be the last two digits of the fiscal 

year in which the number is assigned. 

(iii) The ninth position shall be a 

capital letter assigned to indicate the 

type of instrument, as follows: 

(A) Blanket Purchase Agreement ......... A 

(B) Invitation for Bids ............................ B 

(C) Contract (includes letter contracts, 

contracts incorporating basic agreements and basic ordering agreements) ............................................... C 

(D) Indefinite Delivery Contract ............ D 

(E) Reserved. Do not use .................... E 

(F) Delivery/Task Order (includes orders placed against all U.S. Government contracts, whether issued by 

DOS or another agency) ................... F 

(G) Basic Ordering Agreement ............. G 

(H) Basic Agreement ............................ H 

(I) Request for Information/Comment ... I 

(J) Reserved. Do not use ..................... J 

(K) Reserved. Do not use .................... K 

(L) Orders under Blanket Purchase 

Agreements ....................................... L 

(M) Purchase Order .............................. M 

(N) Reserved. Do not use .................... N 

(O) Do not use this letter ...................... O 

(P) Personal services contract ............. P 

(Q) Request for Quotations .................. Q 

(R) Request for Proposals .................... R 


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Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 6917 

(iv)(A) The tenth through thirteenth 

positions shall be the serial number for 

the instrument. A separate set of serial 

numbers may be used for any type of 

instrument listed in paragraph (c)(3)(iii) 

of this section. Each series of numbers 

for the same activity shall begin with 

the number 0001 at the start of each 

fiscal year. 

(v)(A) The following illustrates a 

properly configured contract number for 

the first number assigned to a fiscal year 

2015 contract awarded by the 

Department of State, Embassy Ottawa: 

SCA525–15–C–0001 

(B) Use of the dashes to separate the 

individual elements of the series is 

optional; however, when reporting 

individual contract actions to the 

Federal Procurement Data System (see 

FAR subpart 6.4), dashes shall not be 

used. 

(C) Contracting activities are 

authorized to use the first digit of the 

serial number (position 10) to establish 

discrete series of numbers. For example, 

the ‘‘1000’’ series may be reserved for 

Bureau of Consular Affairs requirements 

(domestic), or the ‘‘1000’’ series may be 

reserved for Economic section 

requirements (overseas). Use of discrete 

series is appropriate generally for 

activities handling large numbers of 

transactions and can provide useful 

management information. 

(4) Solicitation amendment and 

contract modification numbers. 

Solicitation amendments are to be 

numbered sequentially, beginning with 

the alpha designator ‘‘A,’’ e.g., A001. 

Contract modifications shall also be 

numbered sequentially, beginning with 

the alpha designator ‘‘M,’’ e.g., M001. 

Subpart 604.70—Contract Review 

604.7001 Policy. 

604.7002 Procedures. 

Subpart 604.70—Contract Review 

604.7001 Policy. 

The contracting officer shall review 

each proposed contractual document 

and its supporting file for completeness 

and accuracy. Each contract file shall 

contain all pertinent information 

applicable to the proposed action. Each 

contract file should be in sufficient 

detail to permit reconstruction of all 

significant events by any subsequent 

reviewer without referral to the 

individual responsible for the 

contractual action. 

604.7002 Procedures. 

(a) Overseas contracting activities. (1) 

A/OPE reviews all procurements that 

exceed the warrant levels of post 

contracting officers. Post contracting 

officers may request A/OPE review and 

assistance for transactions below this 

level. 

(2) Personal services agreements. 

Prior A/OPE approval is not applicable 

to personal services agreements, as they 

are not subject to procurement statute 

and regulation. 

(b) Domestic contracting activities 

and Regional Procurement Support 

Offices. A/OPE reviews domestic 

acquisitions as described in the A/LM/ 

AQM Quality Assurance Plan. 

(c) Delegation or waiver. The 

Procurement Executive may delegate or 

waive the review requirements. In such 

instances, the Procurement Executive 

shall provide to each head of the 

contracting activity, as appropriate, a 

written delegation or waiver of these 

requirements. 

Subpart 604.71—Procurement Quality 

Assurance Program 

604.7101 Purpose. 

604.7102 Contracting activity reviews. 

604.7102–1 Peer reviews. 

604.7102–2 Form and scope of review 

604.7102–3 Approval. 

604.7103 Review by Assistant Legal 

Adviser for Buildings and Acquisitions 

(L/BA). 

Subpart 604.71—Procurement Quality 

Assurance Program 

604.7101 Purpose. 

A procurement quality assurance 

program is essential to the effective 

operation of each domestic contracting 

activity. Each domestic contracting 

activity and RPSO shall develop a 

quality assurance plan for review and 

approval of contract actions to ensure 

that all requirements of law, regulation, 

Departmental policy, and sound 

procurement practices are met, the 

taxpayer’s interests are adequately 

protected, and the Department’s mission 

is well-served. Post quality assurance 

includes A/OPE review of actions 

exceeding warrant levels and Staff 

Assistance Visits (SAVs). 

604.7102 Contracting activity reviews. 

604.7102–1 Peer reviews. 

All contract actions above the 

simplified acquisition threshold shall be 

independently reviewed by at least one 

other qualified contracting professional. 

This includes solicitations, contracts, 

contract modifications, and delivery/

task orders. This requirement is waived 

for overseas posts and RPSOs that have 

only one qualified contracting 

professional. 

604.7102–2 Form and scope of review 

(a) The review shall focus on both 

compliance with statutory/regulatory 

requirements as well as good 

contracting practices. Reviews shall be 

included in the official contract file 

along with documentation regarding the 

actions taken in response to the review. 

(b) Reviews should be limited in time 

to prevent unnecessary procurement 

lead-time, but thorough in scope, 

considering all documents in the 

contract file and all relevant contracting 

issues. Checklists may be used to 

facilitate a thorough review, as 

appropriate. 

604.7102–3 Approval. 

The solicitation, contract, or contract 

modification being reviewed shall not 

be issued until all review comments 

requiring corrective action are 

satisfactorily resolved. Waivers shall not 

be granted except in unusual 

circumstances, and shall be approved in 

advance by the head of the contracting 

activity. 

604.7103 Review by Assistant Legal 

Adviser for Buildings and Acquisitions 

(L/BA). 

(a) L/BA shall review solicitations, 

contract awards, and delivery orders 

against GSA Federal Supply Schedule 

contracts exceeding $1 million that are 

generated by domestic contracting 

activities, including RPSOs. L/BA shall 

also review domestic contract 

modifications exceeding $1 million if 

the scope or ceiling of the contract may 

be in question. This review is not 

required for modifications exercising 

priced options, incremental funding 

modifications, and similar actions that 

do not involve questions regarding the 

scope or ceiling of the contract. 

(b) L/BA shall also review and 

approve any nonpersonal services 

contract, purchase order or blanket 

purchase agreement to be awarded to an 

individual who is a U.S. citizen. 

Subpart 604.72—Secure Procurement 

for Controlled Access Areas 

604.7201 Policy. 

A/LM issues procedures for the 

acquisition of secure items that are 

needed by overseas posts. Posts shall 

contact A/LM/AQM regarding secure 

procurement matters, and shall consult 

the periodic guidance issued by A/LM 

on this subject. 

PART 605—PUBLICIZING CONTRACT 

ACTIONS 

Subpart 605.2—Synopses of Proposed 

Contract Actions 

■ 18. Revise the subpart 605.2 heading 

to read as set forth above. 

■ 19. Add section 605.207 to read as 

follows: 


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605.207 Preparation and transmittal of 

synopses. 

(a)(1) Contracting officers at overseas 

posts shall submit notices of proposed 

contract actions to A/OPE for electronic 

transmittal to the GPE. Alternately, 

posts may obtain a user ID and 

password that allows direct registration 

and issuance of the notice in the GPE. 

Posts should contact A/OPE for 

assistance in obtaining the ID and 

password if they choose to directly 

input the notice information. 

■ 20. Revise the heading of section 

605.403 to read as follows: 

605.403 Requests from Members of 

Congress. 

* * * * * 

PART 606—COMPETITION 

REQUIREMENTS 

■ 21. Revise the heading of section 

606.202 to read as follows: 

606.202 Establishing or maintaining 

alternative sources. 

* * * * * 

606.302–6 [Amended] 

■ 22. In section 606.302–6, in paragraph 

(c)(1) introductory text, remove ‘‘12958’’ 

and add in its place ‘‘13526’’ in two 

places and remove ‘‘Office of Security 

Infrastructure’’ and add in its place 

‘‘Security Infrastructure Directorate’’. 

■ 23A. Add section 606.303 heading to 

read as follows: 

606.303 Justifications. 

* * * * * 

■ 23B. Add section 606.303–2 to read as 

follows: 

606.303–2 Content. 

(a) All justifications shall address the 

requirements of FAR 6.303–2. A sample 

Justification for Other than Full and 

Open Competition for acquisitions by 

both overseas posts and domestic 

contracting activities is available on the 

A/OPE Intranet Web site. Use of the 

format for overseas posts is mandatory; 

domestic contracting activities may 

develop their own format based on the 

sample. In addition, sample formats are 

provided for posts to justify motor 

vehicle and household appliance 

purchases made in accordance with the 

Department’s standardization program 

(see 606.370(b)). All applicable 

approvals are as indicated on the 

formats. The justification must be 

completed and signed by the 

appropriate individuals. 

(b)(9) All justifications for 

acquisitions exceeding $5 million shall 

include a copy of the acquisition plan, 

as required by 607.103(d). 

606.304 [Amended] 

■ 24. Amend section 606.304 as follows: 

■ a. In paragraph (a)(2), remove ‘‘over 

$550,000 but not exceeding $11.5 

million’’ and add in its place ‘‘within 

the dollar range set forth in FAR 

6.304(a)(2)’’ and remove ‘‘competition 

advocate’’ and ‘‘Competition Advocate’’ 

and add in their place ‘‘advocate for 

competition’’ and ‘‘Advocate for 

Competition’’, respectively; and 

■ b. Remove paragraph (d). 

606.304–70 [Amended] 

■ 25. In section 606.304–70, remove 

‘‘Competition Advocate’’ and add in its 

place ‘‘Advocate for Competition’’. 

606.370 [Amended] 

■ 26. In section 606.370, in paragraphs 

(a) and (b), remove ‘‘41 U.S.C 253(c)(1),’’ 

and add in its place ‘‘41 U.S.C. 

3304(a)(1)’’ and in two places in 

paragraph (b), remove ‘‘competition 

advocate’’ and add in its place 

‘‘advocate for competition’’. 

606.501 [Amended] 

■ 27A. In section 606.501, in paragraphs 

(a) and (b), remove ‘‘Competition 

Advocate’’ and add in its place 

‘‘Advocate for Competition’’ and in 

three places in paragraph (b), remove 

‘‘competition advocate’’ and add in its 

place ‘‘advocate for competition’’. 

606.501–70 [Amended] 

■ 27B. In section 606.501–70, remove 

‘‘competition advocate’’ and add in its 

place ‘‘advocate for competition’’. 

606.570 [Amended] 

■ 28. In section 606.570, remove 

‘‘Competition Advocate’’ and add in its 

place ‘‘Advocate for Competition’’. 

PART 607—ACQUISITION PLANNING 

■ 29. Add section 607.102 to read as 

follows: 

607.102 Policy. 

It is the Department’s policy that 

every acquisition be conducted and the 

contract file documented in 

conformance with the requirements for 

acquisition planning pursuant to FAR 

part 7. 

■ 30. In § 607.103, add paragraphs (d) 

and (j) to read as follows: 

607.103 Agency-head responsibilities. 

* * * * * 

(d) Domestic requirements offices 

must develop a formal, written 

acquisition plan for all acquisitions 

exceeding $5 million. This includes 

base period plus all option years. The 

plan shall address the content 

requirements of FAR 7.105. 

(j) Acquisition plans for service 

contracts with an anticipated annual 

expenditure exceeding $25 million must 

be approved by the bureau Assistant 

Secretary. 

■ 31. Add section 607.105 to read as 

follows: 

607.105 Contents of written acquisition 

plans. 

(b)(10) Acquisition Plans for support 

of contract administration and other 

tasks closely related to inherently 

governmental functions must include a 

determination that the services being 

requested are not inherently 

governmental and a risk mitigation 

strategy. Procurement Information 

Bulletin (PIB) 2011–11, Attachment 1, 

lists functions requiring additional 

oversight and potential mitigation 

strategies. 

(b)(19) Acquisition Plans must 

include planning for contract 

administration. Planning shall be 

developed by the bureau technical 

program office and should consider an 

initial assessment of resources required 

for contractor oversight, support, travel 

and communications. Planning should 

take into account the need for multiple 

technical monitors based on geographic 

dispersion and multiple technical 

disciplines. Program offices must 

identify financial and other resources 

that are reserved for implementation of 

contract administration. 

■ 32. Add subpart 607.5, consisting of 

section 607.503, to read as follows: 

Subpart 607.5—Inherently 

Governmental Functions 

607.503 Policy. 

(e) Requirements offices shall provide 

to the contracting officer a written 

determination that none of the functions 

to be performed are inherently 

governmental. This determination shall 

be included with the procurement 

request package, which is transmitted to 

the contracting officer to initiate an 

action. The Form DS–4208 may be used 

to meet this requirement. The 

contracting officer shall obtain review 

from the Assistant Legal Adviser for 

Buildings and Acquisitions (L/BA) of 

any request package that the contracting 

officer determines raises substantial 

questions as to the performance of 

inherently governmental functions. 

Disagreements regarding the 

determination shall be resolved by the 

head of the contracting activity. 

■ 33. Add part 608 to read as follows: 


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PART 608—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

Subpart 608.8—Acquisition of Printing and 

Related Services 

608.802 Policy. 

Subpart 608.70—Acquisition of Official 

Vehicles by Overseas Contracting Activities 

608.7001 Definitions. 

608.7002 Acquisitions for the Department 

of State. 

608.7003 Acquisitions on behalf of other 

Federal agencies. 

Authority: 22 U.S.C. 2651a, 41 U.S.C. 1702 

and 48 CFR chapter 1. 

Subpart 608.8—Acquisition of Printing 

and Related Services 

608.802 Policy. 

(a)(4) In accordance with Section 2(a) 

of the State Department Basic 

Authorities Act of 1956, as amended (22 

U.S.C. 2669), overseas printing and 

binding services may be acquired from 

sources other than the Government 

Printing Office. 

(b) The DOS central printing authority 

is the Director, Global Publishing 

Solutions under the Deputy Assistant 

Secretary for Global Information 

Services. 

Subpart 608.70—Acquisition of Official 

Vehicles by Overseas Contracting 

Activities 

608.7001 Definitions. 

Official vehicle means a U.S. 

Government-owned or leased motor 

vehicle that is fueled by petroleum or 

electric batteries, has a minimum of four 

wheels, and is designed primarily for 

use on highways, such as sedans, station 

wagons, buses, carryalls, and trucks. 

608.7002 Acquisitions for the Department 

of State. 

(a) A/LM funds and controls the 

acquisition of official vehicles required 

by overseas posts. Accordingly, any 

acquisition of official vehicles by 

overseas contracting activities must be 

approved and authorized in advance by 

A/LM. 

(b) GSA is the mandatory source for 

U.S. manufactured vehicles acquired in 

the United States. Purchase requests are 

submitted by A/LM to GSA on behalf of 

overseas posts. Overseas posts shall use 

U.S. manufactured vehicles unless 

justified as described in paragraph (c) of 

this section. 

(c) Overseas posts may acquire nonU.S. manufactured vehicles only in 

special cases that are approved in 

advance. Requests to purchase non-U.S. 

manufactured vehicles may be justified 

under the conditions specified in 6 

FAM 228.9–3(B)(c). The request shall be 

submitted to A/LM for approval. If 

approval is granted to acquire non-U.S. 

manufactured vehicles from the local 

economy, overseas posts shall follow 

the normal procedures in the FAR. 

(d) Standardization of motor vehicles 

shall follow the procedures in 606.370. 

608.7003 Acquisitions on behalf of other 

Federal agencies. 

(a) Acquisition of U.S. manufactured 

vehicles. (1) GSA is the mandatory 

source for official vehicles purchased in 

the United States for all Federal 

agencies. Non-DOS agencies must have 

a waiver from GSA that allows them to 

acquire official vehicles from sources in 

the United States other than GSA, in 

accordance with the Federal Property 

Management Regulation, 41 CFR 101– 

38.104. 

(2) DOS overseas contracting activities 

shall not obtain GSA waivers or acquire 

vehicles through GSA or directly from 

sources in the United States on behalf 

of other agencies. Requests to acquire 

vehicles in this manner shall be 

returned to the requesting agency 

without action, and the agency 

instructed to use its own contracting 

personnel or GSA for this purpose. 

(b) Acquisition from non-U.S. sources. 

No GSA waiver is required for official 

vehicles purchased outside the United 

States from non-U.S. sources. Normal 

acquisition procedures shall be 

followed. However, contracting officers 

should be aware that statutory ceilings 

apply to the acquisition of passenger 

vehicles (i.e., sedans and station 

wagons) (see P.L. 103–329), so other 

agencies shall not request that posts 

acquire vehicles without providing an 

analysis of how the price compares with 

this ceiling. 

PART 609—CONTRACTOR 

QUALIFICATIONS 

■ 34. Add section 609.402 to subpart 

609.4 to read as follows: 

609.402 Policy. 

The Procurement Executive is the 

agency head’s designee to be the 

debarring official and the suspending 

official. 

609.403 [Amended] 

■ 35. In section 609.403, remove the 

definitions of ‘‘Debarring official’’ and 

‘‘Suspending official.’’ 

■ 36. Revise sections 609.404 and 

609.404–70 to read as follows: 

609.404 System for Award Management 

Exclusions. 

A/OPE shall accomplish the agency 

responsibilities prescribed in FAR 

9.404(c)(1) through (6). The authority to 

establish procedures prescribed in FAR 

9.404(c)(7) is delegated, without power 

of redelegation, to the head of the 

contracting activity. 

609.404–70 Specially Designated 

Nationals List. 

Contracting officers shall not award to 

any of the entities listed on the 

Specially Designated Nationals (SDN) 

List, available on the Department of 

Treasury’s Office of Foreign Assets 

Control Web site at http://

www.treas.gov/ofac/. Contracting 

officers shall consult this list prior to 

award for any dollar amount. This list 

is included in searches conducted on 

the System for Award Management 

(SAM) Web site at https://www.sam.gov. 

PART 613—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 37. Add sections 613.302, 613.302–1, 

613.302–5, and 613.302–5–70 to read as 

follows: 

613.302 Purchase orders. 

613.302–1 General. 

(d) The contracting officer shall 

distribute copies of each purchase order 

in conformance with subpart 604.2. 

613.302–5 Clauses. 

The contracting officer shall ensure 

that the appropriate clauses prescribed 

in FAR part 13 are added or 

incorporated by reference on all 

purchase orders with both U.S. and 

foreign vendors. 

613.302–5–70 DOSAR clauses. 

In addition to the appropriate FAR 

clauses, each purchase order shall 

incorporate all DOSAR clauses required 

for or applicable to the acquisition. The 

DOSAR clauses may be incorporated by 

reference. 

■ 38. Add section 613.303–1 to read as 

follows: 

613.303–1 General. 

BPAs shall not be used to acquire pest 

control services. 

■ 39. Add section 613.303–6 to read as 

follows: 

613.303–6 Review procedures. 

(a) Contracting officers shall conduct 

an annual internal review to ensure that 

authorized BPA procedures are being 

followed and report the results of the 

review, including needed corrective 

action, to the head of the contracting 

activity. 

■ 40. Add sections 613.307 and 

613.307–70 as follows: 


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613.307 Forms. 

(b)(2) Other than commercial items. 

The OF–347 shall be mandatory for use 

by domestic contracting activities for 

issuing purchase orders, delivery orders, 

and BPAs, unless ordering against 

another Federal agency contract that 

stipulates a different form (e.g., DD– 

1155, Order for Supplies or Services:) 

or, unless the Procurement Executive 

has approved another form. The OF–347 

may also be used as a voucher. In lieu 

of the OF–347, DOS overseas 

contracting activities may use the DS– 

2076, Purchase Order, Receiving Report, 

and Voucher; and DS–2077, 

Continuation Sheet. Contracting 

activities may use the Optional Form 

(OF) 127, Receiving and Inspection 

Report, for documenting receipt and 

inspection. 

613.307–70 File folders for purchase 

orders, delivery orders, blanket purchase 

agreements, and purchase card 

transactions. 

Contracting officers shall use Forms 

DS–1918, Purchase Order File; DS– 

1919, Delivery Order File; DS–1920, 

Blanket Purchase Agreement (BPA) File; 

and DS–3014, Purchase Card 

Transaction File (Actions Exceeding 

$3,000 Through $25,000), to record 

relevant data and document those 

acquisitions, respectively. 

PART 615—CONTRACTING BY 

NEGOTIATION 

■ 41. In section 615.303, add a sentence 

to the end of paragraph (a) to read as 

follows: 

615.303 Responsibilities. 

(a) * * * The HCA is delegated 

authority to appoint someone other than 

the contracting officer as source 

selection authority for a particular 

acquisition. 

■ 42. Add subpart 615.4 to read as 

follows: 

Subpart 615.4—Contract Pricing 

615.404 Proposal analysis. 

615.404–4 Profit. 

Subpart 615.4—Contract Pricing 

615.404 Proposal analysis. 

615.404–4 Profit. 

(b)(2) It is the Department’s policy to 

use the structured approach for profit/ 

fee analysis contained in the 

Department of Health and Human 

Services’ (HHS) FAR Supplement (see 

48 CFR chapter 3), for acquisitions 

awarded by domestic contracting 

activities and RPSOs. This document 

may be accessed from A/OPE’s 

Acquisition Web site (see 601.105–3). 

Contracting officers shall follow these 

procedures. HHS Form 674, Structured 

Approach Profit/Fee Objective, or an 

equivalent form, may be used to 

document the profit/fee analysis. If 

more than one pre-negotiation cost 

objective is developed (e.g., high and 

low), a separate form should be 

completed for each. The contracting 

officer shall ensure that a written 

explanation is attached to the form 

justifying the weights chosen for each 

cost category or factor. This approach 

considers the factors outlined in FAR 

15.404–4(d). 

(c)(4)(i)(B) In accordance with a 

delegation from OBO, overseas posts 

may request a waiver from A/OPE if 

post is unable to negotiate a price for 

architect-engineer services within the 

six percent price limitation. To obtain a 

waiver, the contracting officer must 

send the following information to A/

OPE: 

(1) Description of project; 

(2) Estimated dollar amount, with cost 

breakdown; and, 

(3) Description of negotiation efforts. 

PART 616—TYPES OF CONTRACTS 

■ 43. Add subpart 616.1 as follows: 

Subpart 616.1—Selecting Contract Types 

616.102 Policies. 

616.102–70 Overseas posts. 

616.103 Negotiating contract types. 

Subpart 616.1—Selecting Contract 

Types 

616.102 Policies. 

616.102–70 Overseas posts. 

Pursuant to 601.601–70(a)(1)(i), no 

authority is delegated to overseas posts 

to enter into cost-reimbursement, fixedprice incentive, or fixed-price 

redeterminable contracts, unless the 

Procurement Executive’s approval is 

obtained. Such requests shall be 

submitted by the head of the contracting 

activity on a case-by-case basis. 

616.103 Negotiating contract types. 

(d) The Procurement Executive has 

issued class determinations for the 

following categories of contracts 

awarded by overseas contracting 

activities: painting, vehicle insurance, 

vehicle rental, alarm installation, cell 

phone rental, janitorial, hotel and cost 

per copy services; gardening and 

maintenance services; and packing/

shipping services. Copies may be found 

in the Overseas Contracting and 

Simplified Acquisition Guidebook. 

Contracting officers need not develop 

their own determinations provided that 

they use A/OPE’s model solicitations. 

Contracting officers shall place a copy of 

the appropriate determination in the 

contract file. 

616.505 [Amended] 

■ 44. In section 616.505, in paragraph 

(b)(5), remove the word ‘‘contract’’ and 

remove ‘‘Competition Advocate’’ and 

add in its place ‘‘Advocate for 

Competition’’. 

PART 617—SPECIAL CONTRACTING 

METHODS 

617.201 and 617.201–70 [Removed] 

■ 45. Remove sections 617.201 and 

617.201–70. 

PART 619—SMALL BUSINESS 

PROGRAMS 

619.201 [Amended] 

■ 46. In section 619.201, in paragraphs 

(a), (b), (d)(18), and (f)(1), remove ‘‘A/

SDBU’’ and add in its place ‘‘OSDBU’’; 

619.202–70 [Amended] 

■ 47. Amend 619.202–70 as follows: 

■ a. In paragraphs (e)(3), (j)(1), (j)(2), 

(k)(1), (k)(2), (m)(2), (m)(3), (m)(4), (n)(1) 

and (n)(2), remove ‘‘A/SDBU’’ and add 

in its place ‘‘OSDBU’’; 

■ b. In paragraph (n)(2), revise the word 

‘‘recission’’ to read ‘‘rescission’’; and 

■ c. In paragraph (o)(1), remove the 

phrase ‘‘exceeding $500,000’’ and add 

in its place ‘‘exceeding $650,000’’ and 

remove ‘‘$1,000,000’’ and add in its 

place ‘‘$1,500,000’’. 

619.402–70 [Amended] 

■ 48. In section 619.402–70, remove ‘‘A/ 

SDBU’’ and add in its place ‘‘OSDBU’’. 

619.506 [Amended] 

■ 49. In section 619.506, in paragraph 

(b), remove ‘‘A/SDBU’’ and add in its 

place ‘‘OSDBU’’. 

Subpart 619.6—Certificates of 

Competency and Determinations of 

Responsibility 

■ 50. Revise the subpart 619.6 heading 

as set forth above. 

619.602–1 [Amended] 

■ 51. In section 619.602–1, remove ‘‘A/ 

SDBU’’ and add in its place ‘‘OSDBU’’. 

619.705–4 [Amended] 

■ 52. In section 619.705–4, remove ‘‘A/ 

SDBU’’ and add in its place ‘‘OSDBU’’. 

619.705–6–70 [Amended] 

■ 53. In section 619.705–6–70, in 

paragraphs (a) and (b), remove ‘‘A/

SDBU’’ and add in its place ‘‘OSDBU’’. 


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619.803–70 [Amended] 

■ 54. In section 619.803–70, remove ‘‘A/ 

SDBU’’ and add in its place ‘‘OSDBU’’. 

619.803–71 [Amended] 

■ 55. Amend 619.803–71 as follows: 

■ a. In the introductory text, remove 

‘‘$100,000’’ and add in its place 

‘‘$150,000’’ in both places it occurs; 

■ b. In paragraph (b), remove ‘‘Central 

Contractor Registration database 

(http://www.ccr.gov)’’ and add in its 

place ‘‘System for Award Management 

(https://www.sam.gov)’’; and 

■ c. In paragraph (d), in the second 

sentence, remove ‘‘clause’’ and ‘‘DOSAR 

Clause’’ and in the last sentence, remove 

‘‘A/SDBU and add in its place 

‘‘OSDBU’’. 

■ 56. Revise section heading for 

619.804–3–70 to read as follows: 

SBA Acceptance Under MOUs for 

Acquisitions Exceeding $150,000. 

* * * * * 

619.805–2 [Amended] 

■ 57. In 619.805–2, in paragraph (b), 

remove ‘‘$100,000’’ and add in its place 

‘‘$150,000’’. 

619.811–1 [Amended] 

■ 58. In 619.811–1: 

■ a. In paragraph (d)(1), remove ‘‘41 

U.S.C 253(c)(5),’’ and add in its place 

‘‘41 U.S.C. 3304(a)(5)’’; 

■ b. In paragraph (d)(2), remove the 

word ‘‘DOSAR’’; 

■ c. In paragraph (d)(3), remove 

‘‘$100,000’’ and add in its place 

‘‘$150,000’’; and 

■ d. In paragraph (d)(4), remove ‘‘A/

SDBU and add in its place ‘‘OSDBU’’. 

619.811–3 [Amended] 

■ 59. In section 619.811–3, in paragraph 

(d), remove ‘‘$100,000’’ and add in its 

place ‘‘$150,000’’ and in paragraph (e), 

remove ‘‘DOSAR’’. 

619.812 [Amended] 

■ 60. In section 619.812, in paragraph 

(d), remove ‘‘DOSAR’’. 

■ 61. Add section 619.870 to read as 

follows: 

619.870 Acquisition of technical 

requirements. 

(a) Offering letter. When a decision 

has been made by OSDBU and the 

contracting officer to process an 

acquisition through the SBA under the 

8(a) program, the contracting activity 

shall promptly send to the applicable 

SBA office a letter offering the 

acquisition to the SBA, with an 

information copy to the Small and 

Disadvantaged Business Utilization 

Specialist. The offering letter should 

transmit the statement of work, 

purchase description, technical data 

package, or specifications and such 

other information deemed necessary by 

the contracting officer. 

(b) The contracting officer has greater 

latitude in holding discussions with the 

business concerns being considered 

under an 8(a) program acquisition if 

under the $4 million competitive 

threshold for 8(a) competition than 

under a non-8(a) program acquisition. 

Informal assessments of potential 8(a) 

sources shall be within the parameters 

of 13 CFR 124.308(g). The technical 

evaluation must be carefully reviewed 

to determine if any source declared to 

be unacceptable is capable of being 

made acceptable. 

PART 622—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 62. Revise the section 622.404 

heading to read as follows: 

622.404 Construction Wage Rate 

Requirements statute wage determinations. 

* * * * * 

622.404–3 [Amended] 

■ 63. In section 622.404–3, remove 

‘‘601.603–70’’ and add in its place 

‘‘601.601–70’’, and add ‘‘FAR’’ 

immediately before ‘‘22.404–3(b) and 

(d)’’. 

622.406–8 [Amended] 

■ 64. In 622.406–8, paragraph (a), 

remove ‘‘chief of the contracting 

activity’’ and add in its place ‘‘head of 

the contracting activity’’. 

Subpart 622.6—Contracts for 

Materials, Supplies, Articles, and 

Equipment Exceeding $15,000 

■ 65. Revise the subpart 622.6 heading 

to read as set forth above. 

Subpart 622.13—Equal Opportunity for 

Veterans 

■ 66. Revise the subpart 622.13 heading 

to read as set forth above. 

PART 623—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG–FREE 

WORKPLACE 

■ 67. Add subpart 623.2, consisting of 

section 623.204, to read as follows: 

Subpart 623.2—Energy and Water 

Efficiency and Renewable Energy 

623.204 Procurement exemptions. 

The head of the contracting activity is 

the agency head’s designee for the 

purpose of executing the written 

determination to not purchase ENERGY 

STAR® or FEMP-designated products.’’ 

623.302–70 [Amended] 

■ 68. In section 623.302–70, in the first 

sentence, remove ‘‘which’’ and add in 

its place ‘‘that’’. 

Subpart 623.4—Use of Recovered 

Materials and Biobased Products 

■ 69. Revise the subpart 623.4 heading 

to read as set forth above. 

PART 624—PROTECTION OF PRIVACY 

AND FREEDOM OF INFORMATION 

624.202 [Redesignated as 624.203] 

■ 70. Redesignate 624.202 as 624.203. 

PART 625—FOREIGN ACQUISITION 

Subpart 625.1—Buy American— 

Supplies 

■ 71. Revise the subpart 625.1 heading 

to read as set forth above. 

Subpart 625.2—Buy American— 

Construction Materials 

■ 72. Revise the subpart 625.2 heading 

as set forth above. 

625.7002 [Amended] 

■ 73. In section 625.7002, remove 

‘‘DOSAR’’. 

PART 627—PATENTS, DATA, AND 

COPYRIGHTS 

Subpart 627.2—Patents and 

Copyrights 

■ 74. Revise the subpart 627.2 heading 

as set forth above. 

627.203 and 627.203–6 [Redesignated as 

627.201 and 627.201–2] 

■ 75. Redesignate sections 627.203 and 

627.203–6 as 627.201 and 627.201–2. 

■ 76A. Revise the newly redesignated 

section 627.201 heading to read as 

follows: 

627.201 Patent and copyright infringement 

liability. 

■ 76B. In newly redesignated section 

627.201–2: 

■ a. Revise the section heading. 

■ b. Designate the text as paragraph (e). 

■ c. Revise newly designated paragraph 

(e). 

The revision reads as follows: 


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627.201–2 Contract clauses. 

(e) The Procurement Executive is the 

agency head’s designee for the purposes 

of FAR 27.201–2(e). 

Subpart 627.3—Patent Rights under 

Government Contracts 

■ 77. Revise the subpart 627.3 heading 

to read as set forth above. 

627.303 [Amended] 

■ 78. In the first sentence of section 

627.303, remove ‘‘for the purposes of’’ 

and add in its place ‘‘to make the 

determinations addressed in’’ and, in 

the second sentence, add ‘‘proposed to 

be’’ between ‘‘Determinations’’ and 

‘‘issued’’. 

627.304–5 [Redesignated as 627.304–4] 

■ 79. Redesignate section 627.304–5 as 

627.304–4. 

627.304–4 [Amended] 

■ 80. In newly redesignated section 

627.304–4, remove ‘‘FAR 27.304–5’’ and 

add in its place ‘‘FAR 27.304–4’’ and 

remove ‘‘FAR 27.304–5(b)’’ and add in 

its place ‘‘FAR 27.304–4(b)’’. 

PART 628—BONDS AND INSURANCE 

Subpart 628.1—Bonds and Other 

Financial Protections 

■ 81. Revise the subpart 628.1 heading 

to read as set forth above. 

Subpart 628.2—Sureties and Other 

Security for Bonds 

■ 82. Revise subpart 628.2 heading to 

read as set forth above. 

628.305 [Amended] 

■ 83. In section 628.305, remove 

paragraph (c). 

628.309–70 [Amended] 

■ 84. In section 628.309–70, remove the 

last sentence in paragraph (b) and 

remove paragraph (c). 

PART 631—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

631.205–6 [Amended] 

■ 85. In section 631.205–6, redesignate 

paragraph (g)(3) as (g)(6). 

PART 632—CONTRACT FINANCING 

■ 86. Add section 632.006–3 to read as 

follows: 

632.006–3 Responsibilities. 

(b) DOS personnel shall report 

immediately and in writing any 

apparent or suspected instances where 

the contractor’s request for advance, 

partial, or progress payments is based 

on fraud. The report shall be made to 

the contracting officer and the Assistant 

Inspector General for Investigations. The 

report shall outline the events, acts, or 

conditions which indicate the apparent 

or suspected violation and include all 

pertinent documents. The Assistant 

Inspector General for Investigations will 

investigate, as appropriate. If 

appropriate, the Office of the Inspector 

General will provide a report to the 

Procurement Executive. 

632.705 [Redesignated as 632.706] 

■ 87. Redesignate section 632.705 as 

632.706. 

632.705–70 [Redesignated as 632.706–70] 

■ 88. Redesignate section 632.705–70 as 

632.706–70. 

PART 633—PROTESTS, DISPUTES, 

AND APPEALS 

633.103 [Amended] 

■ 89. In section 633.103, in paragraph 

(d)(4), remove ‘‘Competition Advocate’’ 

and add in its place ‘‘Advocate for 

Competition’’. 

■ 90. In section 633.203, designate the 

current text as paragraph (b) and add 

paragraph (c) to read as follows: 

633.203 Applicability. 

* * * * * 

(c) The Agency Board of Contract 

Appeals for the Department of State is 

the United States Civilian Board of 

Contract Appeals (CBCA). See http://

www.cbca.gsa.gov. 

633.214–70 [Amended] 

■ 91. In section 633.214–70— 

■ a. In paragraph (a), remove ‘‘Contract 

Disputes Act’’ and add in its place 

‘‘Disputes statute (41 U.S.C. chapter 

71)’’. 

■ b. In paragraphs (c) introductory text 

and (c)(2), remove ‘‘GSBCA’’ and add in 

its place ‘‘CBCA’’. 

■ c. In paragraph (d), last sentence, 

remove from the parentheses 

‘‘simplified acquisition limitation’’ and 

add in its place ‘‘simplified acquisition 

threshold’’. 

633.270 [Removed] 

■ 92. Remove section 633.270. 

PART 636—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

636.202 [Removed] 

■ 93. Remove section 636.202. 

636.513 [Amended] 

■ 94. In section 636.513, in paragraph 

(a), remove ‘‘DOSAR’’ and add in its 

place ‘‘the clause at’’. 

636.570 [Amended] 

■ 95. In section 636.570, in paragraph 

(a)(3), remove ‘‘DOSAR’’. 

■ 96. Add section 636.602–4 to read as 

follows: 

636.602–4 Selection authority. 

(a) For acquisitions conducted by A/ 

LM/AQM on behalf of the Bureau of 

Overseas Buildings Operations, the final 

selection decision shall be made by the 

Director/Chief Operating Officer of the 

Bureau of Overseas Buildings 

Operations, with the concurrence of the 

contracting officer and L/BA. For other 

domestic acquisitions, the selection 

decision shall be made by an individual 

designated by the Assistant Secretary of 

State for Administration. For 

acquisitions conducted by overseas 

posts, the selection decision shall be 

made by the contracting officer.’’ 

■ 97. Add section 636.606 to read as 

follows: 

636.606 Negotiations. 

(a) Contracting officers at overseas 

posts may request a waiver from A/OPE 

if the contracting officer is unable to 

negotiate a fee within the six percent 

limitation. See 615.404–4(c)(4)(i)(B).’’ 

PART 637—SERVICE CONTRACTING 

■ 98. In section 637.102, add paragraph 

(c) to read as follows: 

637.102 Policy. 

(c) Any Acquisition Plan or 

procurement request package for 

services expected to exceed $25,000 

shall include a Form DS–4208 

completed by the requiring activity. 

Instructions for completing the DS–4208 

may be found at http://

aopepd.a.state.gov/Content/documents/

DS-4208-Instructions.docx. 

■ 99. Amend section 637.103 by 

designating the current text as 

paragraph (a)(2) and adding paragraph 

(e) to read as follows: 

637.103 Contracting officer responsibility. 

* * * * * 

(e) The Contracting Officer shall 

review the Forms DS–4208 submitted by 

requiring activities, not contract for 

inherently governmental functions and 

assist in implementation of mitigation 

strategies for efforts that are closely 

associated with inherently 

governmental functions. A copy of the 

DS–4208 shall be retained in the 

contract file. 

637.104 [Amended] 

■ 100. Amend section 637.104 by 

designating the current text as 

paragraph (e). 


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Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 6923 

■ 101. Revise the heading for section 

637.104–70 to read as follows: 

637.104 DOS authorities for personal 

services contracts. 

* * * * * 

■ 102. Add section 637.104–71 to read 

as follows: 

637.104–71 Personal services agreements. 

(a) Applicability. This section applies 

only to personal services agreements 

(PSAs) awarded under the authority of 

22 U.S.C. 2669(c). 

(b) Definition. ‘‘Personal Services 

Agreement (PSA)’’ is a method of 

employment using the statutory 

authority under 22 U.S.C. 2669(c). The 

Procurement Executive has delegated 

program management responsibility for 

PSAs awarded under the Department of 

State basic authority at 22 U.S.C. 

2669(c). When applied to U.S. citizens 

hired under this authority, the term 

‘‘PSA Plus’’ is normally used. 

(c) Policy. DOS contracting officers at 

overseas posts should not award any 

personal services contracts that are 

subject to acquisition statutes and 

regulations. 

(d) Authority. (1) The Foreign 

Relations Authorization Act, Fiscal 

Years 1994 and 1995, amended section 

2(c) of the State Department Basic 

Authorities Act of 1956 (22 U.S.C. 

2669(c)) by revising the Department’s 

authority. This language states: ‘‘and 

such contracts are authorized to be 

negotiated, the terms of the contracts to 

be prescribed, and the work to be 

performed, where necessary, without 

regard to such statutory provisions as 

relative to the negotiation, making, and 

performance of contracts and 

performance of work in the United 

States.’’ 

(2) This authority was further 

amended under the National Defense 

Authorization Act for Fiscal Year 2002 

which added subsection (n) to 22 U.S.C. 

2669. This language states ‘‘exercise the 

authority provided in section (c), upon 

the request of the Secretary of Defense 

or the head of any other department or 

agency of the United States, to enter into 

personal services contracts with 

individuals to perform services in 

support of the Department of Defense or 

such other department or agency, as the 

case may be.’’ This authority allowed 

the use of 22 U.S.C. 2669(c) by all other 

agencies, provided they meet certain 

criteria and agree to follow certain 

guidelines laid out in a Memorandum of 

Agreement (MOA). That MOA is not 

signed at the post level, but by a senior 

official at the Department of State and 

the other agency. Without the MOA in 

place, other agencies may not use this 

basic authority. HR/OE has 

responsibility for implementation of the 

authority that came with this legislative 

change. The HR/OE Web site includes 

the latest listing of agencies that have 

signed the MOA and can use this 

authority. 

(3) This statutory language has 

continuing effect and provides authority 

to the Department of State, and now 

other agencies, if they so agree, to obtain 

personal services without adherence to 

acquisition statutes. In furtherance of 

the authority provided by the statute, 

the Procurement Executive has waived 

the applicability of acquisition 

regulations when obtaining personal 

services under the authority of 22 U.S.C. 

2669(c). As a result, it is not necessary 

for the individual executing a PSA 

under the authority of 22 U.S.C. 2669(c) 

to have a contracting officer’s certificate 

of appointment required under FAR 

1.603 and 601.603 (see 601.603–3(d)). 

(e) Signatory authority. Only direct 

hire U.S. citizens may sign PSAs. 

Provided the individual meets that 

criterion, individuals who may sign 

PSAs are limited to the following: 

(1) The Human Resources Officer; 

(2) The Human Resources/Financial 

Management Officer; or, 

(3) The Management Officer or 

American FSO designated to perform 

human resources functions (e.g., GSO, 

RSO, etc.). 

637.601 [Amended] 

■ 103. In 637.601, remove ‘‘Competition 

Advocate’’ and add in its place 

‘‘Advocate for Competition’’. 

PART 642—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

Subpart 642.14 [Removed] 

■ 104. Remove subpart 642.14. 

■ 105. Revise section 642.1503–70 to 

read as follows: 

642.1503–70 Contractor Performance 

Assessment Reporting System (CPARS). 

(a) The Department of State subscribes 

to the Contractor Performance 

Assessment Reporting System (CPARS) 

maintained at http://www.cpars.gov/. 

CPARS is an Internet-based tool 

allowing government activities to input 

past performance information. This 

information is uploaded by CPARS into 

the Past Performance Information 

Retrieval System (PPIRS). 

(b) All DOS contracting officers shall 

evaluate contractors’ past performance 

as required by FAR 42.1502 and 

42.1503. 

(c) All Terminations for Default and 

Terminations for Cause shall be entered 

into CPARS regardless of contract 

purpose or dollar value. 

(d) Heads of contracting activities 

shall send a list of the names, work 

addresses, and phone numbers of all 

acquisition personnel whom they wish 

to have access to the CPARS to 

AQMCPARS@state.gov. 

PART 644—SUBCONTRACTING 

POLICIES AND PROCEDURES 

Subpart 644.3—Contractors’ 

Purchasing Systems Reviews 

■ 106. Revise the subpart 644.3 heading 

to read as set forth above. 

PART 645—GOVERNMENT PROPERTY 

645.107–70 [Amended] 

■ 107. Amend section 645.107–70 as 

follows: 

■ a. In paragraph (a)(1), remove ‘‘and’’ 

and add in its place ‘‘or,’’; and 

■ b. In paragraph (a)(3), remove 

‘‘paragraphs’’ and add in its place 

‘‘paragraph’’ and remove ‘‘or (2)’’. 

PART 647—TRANSPORTATION 

■ 108. Add subpart 647.3 to read as 

follows: 

Subpart 647.3—Transportation in Supply 

Contracts 

647.305 Solicitation provisions, contract 

clauses, and transportation factors. 

647.305–70 Notice of shipment. 

647.305–71 Shipping instructions. 

Subpart 647.3—Transportation in Supply 

Contracts 

647.305 Solicitation provisions, contract 

clauses, and transportation factors. 

647.305–70 Notice of shipment. 

The contracting officer shall insert the 

clause at 652.247–70, Notice of 

Shipment, in solicitations and contracts 

entered into and performed outside the 

United States, when overseas shipment 

of supplies is required. 

647.305–71 Shipping instructions. 

The contracting officer shall insert the 

clause at 652.247–71, Shipping 

Instructions, in solicitations and 

contracts with a source in the United 

States if overseas shipment of supplies 

is required. 

PART 649—TERMINATION OF 

CONTRACTS 

649.106 [Amended] 

■ 109. In section 649.106, remove 

‘‘Termination’’ and remove ‘‘TCO’’ and 

add in its place ‘‘CO’’ both places it 

occurs. 

■ 110. Add section 649.111 as follows: 


rljohnson on DSK67QTVN1PROD with RULES
6924 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 

649.111 Review of proposed settlements. 

All proposed termination settlements 

shall be reviewed and approved by the 

Office of the Legal Adviser for legal 

sufficiency. In addition, 

(a) All proposed termination 

settlements from domestic contracting 

activities shall be approved by the head 

of the contracting activity, with the 

exception of termination settlements on 

simplified acquisitions and no-cost 

termination settlements; and, 

(b) All proposed termination 

settlements from overseas contracting 

activities shall be approved by the 

Procurement Executive. 

PART 652—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 111. Revise section 652.204–70 to 

read as follows: 

652.204–70 Department of State Personal 

Identification Card Policy and Procedures. 

As prescribed in 604.1303–70, insert 

the following clause: 

DEPARTMENT OF STATE PERSONAL 

IDENTIFICATION CARD POLICY AND 

PROCEDURES ([DATE]) 

(a) The Contractor shall comply with the 

Department of State (DOS) Personal 

Identification Card Policy and Procedures for 

all employees performing under this contract 

who require frequent and continuing access 

to DOS facilities, or information systems. The 

Contractor shall insert the substance of this 

clause in all subcontracts when the 

subcontractor’s employees will require 

frequent and continuing access to DOS 

facilities, or information systems. 

(b) The DOS Personal Identification Card 

Policy and Procedures may be accessed at 

http://www.state.gov/m/ds/rls/rpt/

c21664.htm. 

(End of clause) 

■ 112. Amend section 652.206–70 by 

revising the section heading and the 

clause date and revising paragraph (a) to 

read as follows: 

652.206–70 Advocate for Competition/

Ombudsman. 

* * * * * 

Advocate for Competition/Ombudsman 

(DATE) 

(a) The Department of State’s 

Advocate for Competition is responsible 

for assisting industry in removing 

restrictive requirements from 

Department of State solicitations and 

removing barriers to full and open 

competition and use of commercial 

items. If such a solicitation is 

considered competitively restrictive or 

does not appear properly conducive to 

competition and commercial practices, 

potential offerors are encouraged first to 

contact the contracting officer for the 

solicitation. If concerns remain 

unresolved, contact: 

(1) For solicitations issued by the 

Office of Acquisition Management (A/

LM/AQM) or a Regional Procurement 

Support Office, the A/LM/AQM 

Advocate for Competition, at 

AQMCompetitionAdvocate@state.gov. 

(2) For all others, the Department of 

State Advocate for Competition at cat@

state.gov. 

652.228–70 [Amended] 

■ 113. Amend section 652.228–70 by 

removing the clause date ‘‘(JUN 2006)’’ 

and adding in its place ‘‘(DATE)’’ and 

by removing paragraph (d). 

■ 114. Amend section 652.228–71 as 

follows: 

■ a. Remove the clause date ‘‘(JUN 

2006)’’ and add in its place ‘‘(DATE)’’; 

■ b. Revise paragraph (b); 

■ c. Remove paragraphs (c), (d), (e), and 

(f); 

■ d. Redesignate paragraph (g) as (c); 

and 

■ e. Remove Alternate I. 

The revision reads as follows: 

652.228–71 Worker’s Compensation 

Insurance (Defense Base Act)—Services. 

* * * * * 

(b) The Contractor shall procure 

Defense Base Act (DBA) insurance 

directly from a Department of Labor 

(DOL) approved insurance provider. 

Approved providers can be found at the 

DOL Web site at http://www.dol.gov/

owcp/dlhwc/lscarrier.htm.’’ 

* * * * * 

652.228–72 and 652.228–73 [Removed] 

■ 115. Remove reserved sections 

652.228–72 and 652.228–73. 

652.228–74 [Removed] 

■ 116. Remove section 652.228–74. 

■ 117. Section 652.236–71 is amended 

as follows: 

■ a. Remove the clause date ‘‘(APR 

2004)’’ and add in its place ‘‘(DATE)’’; 

■ b. in subparagraph (b)(1), add the 

phrase ‘‘or at a United States diplomatic 

or consular establishment abroad’’ 

immediately following ‘‘in the United 

States’’; and 

■ c. In paragraph (d)(1): 

■ i. Add the phrase ‘‘or at a United 

States diplomatic or consular 

establishment abroad’’ immediately 

following ‘‘in the United States’’ both 

places it occurs; 

■ ii. Add ‘‘/Country’’ after ‘‘City and 

State’’ each time it occurs under the 

‘‘Location’’ fill-ins; and 

■ iii. Revise the last sentence of 

paragraph (d)(1). 

The revision reads as follows: 

652.236–71 Foreign Service Buildings Act, 

as Amended. 

* * * * * 

(d) * * * 

(1) * * * 

If the bidder/offeror’s participation 

was as a partner or co-venturer, indicate 

the percentage of the project performed 

by the bidder/offeror: llll % 

* * * * *. 

652.236–72 [Amended] 

■ 118. Section 652.236–72 is amended 

as follows: 

■ a. Remove the clause date ‘‘(APR 

2004)’’ and add in its place ‘‘(DATE)’’; 

■ b. In paragraph (a): 

■ i. In the first sentence, remove the 

phrase ‘‘and Section 406(c)’’; 

■ ii. In the second sentence; remove ‘‘, 

and excludes organizations that have 

business arrangements with Libya’’; and 

■ iii. In the third sentence, remove the 

phrase ‘‘, and whether they have any 

business arrangements with Libya that 

may disqualify them from participating 

in this solicitation’’; and 

■ c. Remove paragraph (d)9. 

■ 119. In section 652.237–72, remove 

the clause date ‘‘(APR 2004)’’ and add 

in its place ‘‘(DATE)’’ and revise the 

first sentence of paragraph (b) to read as 

follows: 

652.237–72 Observance of Legal Holidays 

and Administrative Leave. 

* * * * * 

(b) When New Year’s Day, 

Independence Day, Veterans Day or 

Christmas Day falls on a Sunday, the 

following Monday is observed; when it 

falls on Saturday, the preceding Friday 

is observed. * * * 

* * * * * 

652.242–71 [Redesignated as 652.247–70] 

■ 120. Redesignate section 652.242–71 

as 652.247–70. 

652.242–71 [Reserved] 

■ 121. Add reserved section 652.242– 

71. 

652.242–72 [Redesignated as 652.247–71] 

■ 122. Redesignate section 652.242–72 

as 652.247–71. 

652.242–72 [Reserved] 

■ 123. Add reserved section 652.242– 

72. 

652.245–71 [Amended] 

■ 124. Amend section 652.245–71 by 

removing the clause date ‘‘(DEC 2013)’’ 

and adding in its place ‘‘(DATE)’’, by 

removing ‘‘and’’ and adding in its place 

‘‘or’’ in paragraph (c)(1), and by 

removing ‘‘or (c)(2)’’ in paragraph (c)(3). 


rljohnson on DSK67QTVN1PROD with RULES
Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 6925 

652.247–70 [Amended] 

■ 125. In newly redesignated section 

652.247–70, in the introductory text, 

remove ‘‘642.1406–2–70(a)’’ and add 

‘‘647.305–70’’ in its place and remove 

the clause date ‘‘(JUL 1988)’’ and add in 

its place ‘‘(DATE)’’. 

652.247–71 [Amended] 

■ 126. In newly redesignated section 

652.247–71, in the introductory text, 

remove ‘‘642.1406–2–70(b)’’ and add 

‘‘647.305–71’’ in its place and remove 

the clause date ‘‘(DEC 1994)’’ and add 

in its place ‘‘(DATE)’’. 

Dated: December 23, 2014. 

Corey M. Rindner, 

Procurement Executive, Department of State. 

[FR Doc. 2014–30714 Filed 2–6–15; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 222, 223, and 229 

[Docket No. 110812495–4999–03] 

RIN 0648–BB37 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Bottlenose Dolphin Take Reduction 

Plan; Sea Turtle Conservation; 

Modification to Fishing Activities 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) issues this 

final rule amending the Bottlenose 

Dolphin Take Reduction Plan (BDTRP) 

and its implementing regulations under 

the Marine Mammal Protection Act 

(MMPA). The rule requires the yearround use of modified pound net 

leaders for offshore Virginia pound nets 

in specified waters of the lower 

mainstem Chesapeake Bay and coastal 

state waters. Virginia pound net-related 

definitions, gear prohibitions, and nonregulatory measures are also finalized. 

This final rule is based on consensus 

recommendations of the Bottlenose 

Dolphin Take Reduction Team 

(BDTRT). For consistency, NMFS also 

amends current regulations and 

definitions for Virginia pound nets 

under the Endangered Species Act 

(ESA) for sea turtle conservation. 

DATES: This final rule is effective March 

11, 2015. 

ADDRESSES: The proposed rule, the 

BDTRP and its amendments, the BDTRT 

meeting summaries with consensus 

recommendations, and other 

background documents are available at 

www.regulations.gov, or the Take 

Reduction Team Web site: http://

www.nmfs.noaa.gov/pr/interactions/trt/

bdtrp.htm, or by submitting a request to 

Stacey Horstman (see FOR FURTHER

INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Stacey Horstman, NMFS Southeast 

Region, Stacey.Horstman@noaa.gov, 

727–824–5312; Kristy Long, NMFS 

Office of Protected Resources, 

Kristy.Long@noaa.gov, 206–526–4792; 

or Carrie Upite, NMFS Greater Atlantic 

Region, Carrie.Upite@noaa.gov, 978– 

282–8475. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule amends: (1) The 

BDTRP and its implementing 

regulations at 50 CFR 229.2, 229.3, and 

229.35 in accordance with section 118(f) 

of the MMPA; and (2) current 

definitions and regulations issued under 

the ESA for sea turtle conservation at 50 

CFR 222.102, 223.205, and 223.206 

(d)(10). The BDTRP was originally 

published on April 26, 2006, and was 

amended on December 19, 2008, and 

July 31, 2012. NMFS is further 

amending the BDTRP to meet its 

MMPA-mandated goal of reducing 

incidental mortality and serious injury 

of strategic stocks of bottlenose dolphin 

from the Virginia pound net fishery. 

Regulations for this amendment are 

based on the BDTRT’s consensus 

recommendations, which are generally 

consistent with existing regulations 

enacted under the ESA for sea turtle 

conservation, with some revisions and 

updates. Therefore, amendments to the 

ESA sea turtle conservation regulations 

for the Virginia pound net fishery are 

finalized within the same rulemaking 

for consistency in definitions and 

regulations. 

Details regarding the development 

and justification of this final rule were 

provided in the preamble of the 

proposed rule (79 FR 21695; April 17, 

2014) and are not repeated here. 

Virginia Pound Net Fishing 

Requirements 

This final rule requires the year-round 

use of modified pound net leaders for 

offshore Virginia pound nets within the 

Bottlenose Dolphin Pound Net 

Regulated Area. It removes the landbased inspection program for modified 

pound net leaders under the ESA. 

Instead, under both the MMPA and 

ESA, it requires fishermen to attend a 

one-time compliance training before 

setting modified pound net leaders and 

to keep on board the vessel a valid 

modified pound net leader compliance 

training certificate issued by NMFS. The 

rule also requires that all three sections 

of pound net gear (leader, heart, and 

pound) be fished at the same time with 

the exception of a continuous 10-day 

period to deploy, remove, and/or repair 

gear. Virginia pound net-related 

definitions are added for effective 

implementation of the regulatory 

measures, including hard lay lines, 

modified pound net leader, nearshore 

pound net, offshore pound net, and 

pound net. Lastly, non-regulatory 

measures are finalized under the BDTRP 

including outreach and coordination to 

help with compliance and monitoring of 

regulatory measures for the Virginia 

pound net fishery. 

Comments on the Proposed Rule and 

Responses 

NMFS received five comment letters 

on the proposed rule via email or 

www.regulations.gov. One comment 

letter was received from multiple 

organizations, including The Humane 

Society of the United States, Whale and 

Dolphin Conservation, Oceana, and 

Center for Biological Diversity. Other 

comment letters were received from the 

Marine Mammal Commission, one 

Virginia pound net fisherman, and two 

citizens. The comments are summarized 

below under Regulatory or NonRegulatory Changes. NMFS’ response 

follows each comment. 

Comments on Regulatory Changes 

Comment 1: Four comment letters, 

including one from multiple 

environmental organizations, expressed 

general support for the proposed rule 

and recommended NMFS adopt the 

measures as proposed. 

Response: We appreciate the 

commenters’ support, and we are 

finalizing these measures as proposed. 

Comment 2: One comment letter from 

multiple environmental organizations 

expressed concern over the delay from 

when the BDTRT’s consensus 

recommendations were received in 

September 2009 to when NMFS 

published the proposed rule. The letter 

references requirements in section 

118(f)(7)(B)(i) of the MMPA that 

publication of proposed take reduction 

plans and amendments must occur no 

later than 60 days after the take 

reduction team submits them to NMFS. 

The letter also expressed concern that 

this delay needlessly delayed 

conservation measures meant to protect 

bottlenose dolphins. 


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