[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Proposed Rules]
[Pages 85172-85177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26443]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

48 CFR Parts 1401, 1402, 1403, 1405, 1414, 1416, 1419, 1426, 1431, 
1442, 1443, and 1449

[Docket No. DOI-2023-0012; 234D0102DM, DS62400000, DLSN00000.000000, 
DX62401]
RIN 1090-AB25


Department of the Interior Acquisition Regulation Governance 
Titles

AGENCY: Office of Acquisition and Property Management, Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of the Interior proposes changes to the 
Department of the Interior acquisition regulations to update its 
nomenclature to align with recent changes to agency procurement 
governance. This proposal enables acquisition programs to more 
efficiently meet the Department's mission needs and comply with all 
applicable law and regulations.

DATES: Comments must be received on or before February 5, 2024.

ADDRESSES: You may submit comments, identified by Docket No. DOI-2023-
0012 on the rulemaking through the Federal eRulemaking Portal at 
https://www.regulations.gov. Follow the instructions on the website for 
submitting comments.

[[Page 85173]]


FOR FURTHER INFORMATION CONTACT: Ms. Antonia Giammo, Senior Procurement 
Analyst; telephone (202) 208-5250 or email <a href="/cdn-cgi/l/email-protection#5828393507283734313b211831372b763c3731763f372e"><span class="__cf_email__" data-cfemail="b5c5d4d8eac5dad9dcd6ccf5dcdac69bd1dadc9bd2dac3">[email protected]</span></a>. 
Individuals in the United States who are deaf, blind, hard of hearing, 
or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to 
access telecommunications relay services. Individuals outside the 
United States should use the relay services offered within their 
country to make international calls to the point-of-contact in the 
United States.

SUPPLEMENTARY INFORMATION: 

I. Background

    As part of a broader effort to improve the Department of Interior's 
(DOI's) procurement function and strengthen its workforce, the 
Department recently made changes to its procurement governance. These 
updates were made in accordance with 41 U.S.C. 1702, Chief Acquisition 
Officers and senior procurement executives, and Departmental Manual 205 
DM 11, General Delegations, Procurement and Contracting. In amending 
its procurement governance, DOI created consistency in organizational 
structure and leadership roles across its bureaus and offices, and 
reassigned roles established by the Federal Acquisition Regulation to 
better streamline acquisition approval processes. This proposed rule 
amends the Department of the Interior Acquisition Regulation to reflect 
the changes in procurement governance by removing role designations no 
longer used and replacing with the appropriate procurement roles.

II. Description of Changes

    The Federal Acquisition Regulations System consists of the Federal 
Acquisition Regulation (FAR), which is the codification of uniform 
policies and procedures for acquisition by all executive agencies, and 
agency acquisition regulations, such as the Department of the Interior 
Acquisition Regulation (DIAR), that implement or supplement the FAR. 
The Federal Acquisition Regulations System is codified in Title 48 of 
the Code of Federal Regulations (CFR).
    Part 2 of the FAR defines the following key procurement roles: 
agency head, Chief Acquisition Officer (in accordance with 41 U.S.C. 
1702), senior procurement executive (in accordance with 41 U.S.C. 
1702), head of the contracting activity, and contracting officer. The 
FAR uses the term ``chief of the contracting office'' without defining 
it. Part 1402 of the current DIAR identifies within the Department the 
agency head, senior procurement executive, and heads of the contracting 
activity. Part 1402 of the DIAR also defines the terms ``bureau 
procurement chief'' and ``chief of the contracting office''.
    This rule proposes to revise the DIAR in the following ways:
    <bullet> Remove the term ``bureau procurement chief'' and replace 
with ``head of contracting activity''.
    <bullet> Amend the Department's definition of ``head of contract 
activity''.
    <bullet> Add and define the term ``bureau procurement executive''.
    <bullet> Update references to the above terms as used throughout 
the DIAR.
    The term ``bureau procurement chief'' (BPC) is not used in the FAR 
or across executive agencies broadly. DOI defined the term in the DIAR 
to mean the senior General Schedule (GS) Series 1102 (contracting) 
official in a bureau or office. The term ``head of contracting 
activity'' (HCA) is defined in the FAR as the official who has overall 
responsibility for managing the contracting activity. The current DIAR 
further specifies that the HCA is the assistant or associate 
administrative head of each bureau and office who has overall 
responsibility for managing contracting. Within DOI, the BPC would be 
in a direct reporting line to the HCA. Except for the Interior Business 
Center, the HCA would not necessarily have a GS-1102 background and 
would also be responsible for other areas beyond procurement.
    Both the FAR and DIAR require HCA review and approval of certain 
procurement actions. In practice, HCAs delegated their approvals to the 
BPC in most cases allowed under regulation. When HCA approval was 
required, it would still come through the BPC, but the additional layer 
of review would result in additional time to coordinate HCA briefing 
and approval.
    When reevaluating DOI's procurement governance, the Department 
determined that in practice, the BPC was indeed the individual 
responsible for managing the contracting activity and the HCA was the 
senior executive accountable for the contracting activity but not 
involved in the day-to-day management of the function. The Chief 
Acquisition Officer, senior procurement executive, HCAs, and BPCs all 
concurred that accordingly, the senior GS-1102 in a bureau (or office 
equivalent) should be designated as the HCA rather than the DIAR 
specific term BPC. It was determined that this change would also 
streamline procurement actions requiring HCA approval by removing a 
layer of review that was either delegated or offered nominal additional 
benefit. The senior executives who had been designated as HCAs would 
now be designated as `bureau procurement executives' (BPEs) and would 
still be accountable for the bureau's contracting function.
    These changes are part of a broader Departmental effort to provide 
greater consistency across bureau and office procurement organizations 
and to empower procurement leadership. The changes to the titles bureau 
procurement chief, head of contracting activity, and bureau procurement 
executive do not result in any change to reporting chains or key duties 
of those holding these positions. The changes also do not impose any 
new requirements on or change the manner in which DOI interacts with 
its contractors and the public.

III. Required Determinations

A. Regulatory Planning and Review (Executive Orders 12866, 13563, and 
14094)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) will review all significant 
rules. OIRA has determined that this proposed rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The Executive Order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public, where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.
    Executive Order 14094 reaffirms the principles of E.O. 12866 while 
calling for improvements in public participation, inclusiveness, and 
regulatory analysis. We have developed this rule in a manner consistent 
with E.O. 14094.

B. Regulatory Flexibility Act

    The Secretary certifies that the adoption of this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities as they are defined in the Regulatory

[[Page 85174]]

Flexibility Act (5 U.S.C. 601 et seq.). Therefore, under 5 U.S.C. 
605(b), this rulemaking is exempt from the initial and final regulatory 
flexibility analysis requirements of sections 603 and 604.

C. Small Business Regulatory Enforcement Fairness Act

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

D. Unfunded Mandates Reform Act

    This proposed rule does not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The rule does not have a significant or unique effect 
on State, local, or tribal governments, or the private sector nor does 
the rule impose requirements on State, local, or tribal governments. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

E. Takings (E.O. 12630)

    This proposed rule does not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630. A 
takings implication assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, this proposed rule 
does not have sufficient Federalism implications to warrant the 
preparation of a Federalism summary impact statement. It would not 
substantially and directly affect the relationship between the Federal 
and state governments. A Federalism summary impact statement is not 
required.

G. Civil Justice Reform (E.O. 12988)

    This proposed rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (a) meets the criteria of section 3(a) of this E.O. requiring that 
all regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) meets the criteria of section 3(b)(2) of this E.O. requiring 
that all regulations be written in clear language and contain clear 
legal standards.

H. Consultation With Indian Tribes (E.O. 13175)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in E.O. 13175 and have determined there will not be substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
Consultation with Indian tribes is not required.

I. Paperwork Reduction Act

    This proposed rule does not cause any collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) A 
Paperwork Reduction Act clearance is not required.

J. National Environmental Policy Act

    This proposed rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act of 1969 
(NEPA) is not required because the rule is covered by the categorical 
exclusion listed in 43 CFR 46.210(f). We have also determined that the 
rule does not involve any of the extraordinary circumstances listed in 
43 CFR 46.215 that would require further analysis under NEPA.

K. Effects on the Energy Supply (E.O. 13211)

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

L. Clarity of This Regulation (Plain Language)

    We are required by Executive Orders 12866 (section 1(b)(12)), and 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the FOR FURTHER INFORMATION 
CONTACT section. To better help us revise the rule, your comments 
should be as specific as possible. For example, you should tell us the 
number of section or paragraphs that you find unclear, which section or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

M. Public Availability of Comments

    You may submit your comments and materials regarding this proposed 
rule by the method listed in the Addresses section. We will post all 
comments on https://www.regulations.gov. Before including your address, 
phone number, email address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information may be publicly 
available at any time. While you can ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

List of Subjects in 48 CFR Parts 1401, 1402, 1403, 1405, 1414, 
1416, 1419, 1426, 1431, 1442, 1443, and 1449

    Government procurement.

Regulation Promulgation

    For the reasons set out in the preamble, the Department of the 
Interior, Office of Acquisition and Property Management, proposes to 
amend 48 CFR chapter 14 as follows:

PART 1401--DEPARTMENT OF THE INTERIOR ACQUISITION REGULATION SYSTEM

0
1. The authority citation for part 1401 continues to read as follows:

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

0
2. Revise section 1401.303 to read as follows:


1401.303  Publication and codification.

    (a)(1) Implementing and supplementing regulations issued under the 
DIAR System are codified under chapter 14 in title 48, Code of Federal 
Regulations and shall parallel the FAR in format, arrangement, and 
numbering system.
    (2)(i) Department-wide regulations are assigned 14 CFR parts 1401 
through 1479.

[[Page 85175]]

    (ii) Where material in the FAR requires no implementation, there 
will be no corresponding number in the DIAR. Thus, there are gaps in 
the DIAR sequence of numbers where the FAR, as written, is deemed 
adequate. Supplemental material shall be numbered as specified in FAR 
1.303.
    (3) Bureau-wide regulations are authorized for codification in 
Appendices to Chapter 14, as assigned by the Director, PAM, in 
accordance with 1401.304(a)(3).
    (b) Regulations implementing the FAR or DIAR are numbered using 48 
CFR parts 1401 through 1479. Supplemental material is numbered using 48 
CFR parts 1480 through 1499. Numbers for implementing or supplementing 
regulations by bureaus/offices are preceded by a prefix to the number 
14 (indicating chapter 14-DIAR) for the organization indicated by 
lettered appendices as follows:

(1) Bureau of Indian Affairs--BIA
(2) Bureau of Reclamation--WBR
(3) Interior Business Center--IBC
(4) Bureau of Land Management--LLM
(5) U.S. Geological Survey--WGS
(6) Office of Surface Mining Reclamation & Enforcement--LSM
(7) Minerals Management Service--LMS
(8) National Park Service--FNP
(9) U.S. Fish and Wildlife Service--FWS
    (c) e.g., FAR 1.3 (48 CFR 1.3) then DIAR 1401.3 [Department level] 
then in Appendix A, BIA 1401.3 [Bureau level].
0
3. Revise section 1401.370 to read as follows:


1401.370  Acquisition Managers' Partnership.

    (a) The Acquisition Managers' Partnership (AMP) is a forum for 
DOI's senior acquisition management community to work cooperatively and 
continuously to improve the management, efficiency and effectiveness of 
its procurement services in support of DOI's mission.
    (b) The AMP consists of the HCAs and representatives from PAM and 
OSDBU.
    (c) The AMP Charter provides that the Chairperson and Associate 
Chairperson are leadership roles that will rotate annually. The AMP 
Chairperson determines when the partnership will meet and develops 
meeting agendas. The Chairperson will distribute the meeting minutes to 
all members.
0
4. Revise section 1401.403 to read as follows:


1401.403  Individual deviations.

    (a) The Director, PAM, is authorized to approve deviations of FAR 
provisions (see FAR 1.4) or DIAR provisions which affect only one 
contracting action.
    (b) Requests for deviations under paragraph (a) of this section 
shall be submitted by the HCA and include justification for the 
deviation.
    (c) A copy of the approved deviation shall be included in the 
contract file.
0
5. Revise section 1401.603-1 to read as follows:


1401.603-1  General.

    HCAs are authorized to select and appoint COs and terminate their 
appointment as prescribed in the Department's Certificate of 
Appointment (COA) Manual. Copies of the manual may be obtained at 
http://www.doi.gov/pam/Acqworkfor.html.
0
6. Revise section 1401.603-2 to read as follows:


1401.603-2  Selection.

    COs, regardless of series or organizational placement, must be 
certified at a level commensurate with their appointment level, as 
prescribed in the Department's Federal Acquisition Certification in 
Contracting (FAC-C) Program Manual. Director, PAM, is the approving 
authority for all new and reinstated FAC-C certifications. HCAs are 
authorized to approve renewal FAC-C certifications.
0
7. Revise section 1401.7001-4 to read as follows:


1401.7001-4  Acquisition performance measurement systems.

    (a) The acquisition performance measurement system is a three-
pronged approach that includes self assessment, statistical data for 
validation and flexible quality reviews and assessment techniques. This 
system is required to:
    (1) Evaluate the effectiveness and efficiency of bureau and office 
acquisition systems;
    (2) Assess the adequacy of policies, procedures and regulations 
governing the acquisition process; and
    (3) Identify and implement changes necessary to improve the 
systems.
    (b) BPEs are responsible for ensuring contracting activity 
compliance with law and regulations through the review and oversight 
process.

PART 1402--DEFINITIONS OF WORDS AND TERMS

0
8. The authority citation for part 1402 continues to read as follows:

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

0
9. Revise subpart 1402.1 to read as follows:
Subpart 1402.1--Definitions
Sec.
1402.101 Definitions.
1402.170 Acronyms.

Subpart 1402.1--Definitions


1402.101  Definitions.

    As used in this part:
    Bureau Procurement Executive (BPE) is defined as the assistant or 
associate administrative head who has overall responsibility for the 
contracting activity. In reference to the Office of the Secretary (OS), 
the BPEs are the Assistant Inspector General for Management and Policy 
and the Director, Interior Business Center (IBC).
    Chief of the contracting office (CCO) is defined as the senior GS-
1102 within a contracting office unless otherwise specified by bureau/
office regulation. If the CCO is also the Contracting Officer (CO) for 
an action requiring approval of the CCO, then approval shall be at a 
level above the CCO in accordance with bureau procedures.
    Contracting activity is defined as an office with delegated 
procurement authority. Within the Office of the Secretary (OS), the 
Office of Inspector General (OIG) is a contracting activity. The 
Interior Business Center (IBC) contracts for the OS.
    Head of the agency (also called ``agency head'') is defined as the 
Secretary of the Interior and the Assistant Secretary--Policy, 
Management and Budget (AS/PMB).
    Head of the contracting activity (HCA) is defined as the senior GS 
1102 official in the contracting activity who has the overall 
responsibility for managing the contracting activity. The HCA authority 
may be delegated, unless specified otherwise, to the CCO. If the HCA is 
the Contracting Officer (CO) for an action requiring approval of the 
HCA, then approval shall be at the BPE level.
    Senior procurement executive is defined as the Director, Office of 
Acquisition and Property Management (PAM).


1402.170  Acronyms.

A&E Architect & Engineering
ACMIS Acquisition Career Management Information System
AMP Acquisition Manager's Partnership
AMR Acquisition Management Review
AS/PMB Assistant Secretary--Policy, Management and Budget
BPA Blanket Purchase Agreement
BPE Bureau Procurement Executive
CA Competition Advocate
CAAC Civilian Agency Acquisition Council
CAS Cost Accounting Standards
CASB Cost Accounting Standards Board
CBCA Civilian Board of Contract Appeals
CCO Chief of the Contracting Office
CERCLA Comprehensive Environmental Response, Compensation and 
Liability Act
CFR Code of Federal Regulations
CIO Chief Information Officer
CO Contracting Officer
COA Certificate of Appointment

[[Page 85176]]

COI Conflicts of Interest
COR Contracting Officer's Representative
COTR Contracting Officer's Technical Representative
DISP Defense Industrial Security Program
DM Departmental Manual
DOI Department of the Interior
DOL Department of Labor
EC Electronic Commerce
FAR Federal Acquisition Regulation
FBMS Financial Business Management System
FPDS--NG Federal Procurement Data System--Next Generation
GAO Government Accountability Office
GIDEP Government-Industry Data Exchange Program
GPE Government Point of Entry
GPO Government Printing Office
GSA General Services Administration
GSBCA General Services Board of Contract Appeals
HCA Head of the Contracting Activity
IT Information Technology
IPMD Interior Property Management Directives
MBDA Minority Business Development Agency
OCIO Office of Chief Information Officer
OIG/IG Office of Inspector General/Inspector General
OFPP Office of Federal Procurement Policy
OHA Office of Hearings and Appeals
OMB Office of Management and Budget
OS Office of the Secretary
OSDBU Office of Small and Disadvantaged Business Utilization
PAM Office of Acquisition and Property Management
PMO Property Management Officer
PNM Procurement Negotiation Memorandum
SAT Simplified Acquisition Threshold
SBA Small Business Administration
SBS Small Business Specialist
SOL Office of the Solicitor
TFM Treasury Financial Manual
U.S.C. United States Code
VECP Value Engineering Change Proposal

PART 1403--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

0
10. The authority citation for part 1403 continues to read:

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

0
11. Revise section 1403.104-7 to read as follows:


1403.104-7  Violations or possible violations.

    (a)(1) The CO's determination that there is no impact on the 
procurement due to a possible violation of the Procurement Integrity 
Act and decision to proceed with contract award shall receive 
concurrence from an individual one level above the CO.
    (2) In case of nonconcurrence with the CO's determination, the HCA 
shall provide a copy of the reported violation and recommended action 
to the OIG in accordance with Part 111 DM 3. The CO, in consultation 
with the SOL and the OIG, must justify the compelling circumstances for 
immediate award and obtain approval to proceed from the HCA without the 
power of redelegation. Copies of the determination to proceed with the 
award will be sent to the Director, PAM, for submission to the AS/PMB.
    (b) [Reserved]
0
12. Revise section 1403.804 to read as follows:


1403.804  Policy.

    The HCA shall receive copies of contractor disclosures and forward 
them to the Director, PAM, for submission to Congress.

PART 1405--PUBLICIZING CONTRACT ACTIONS

0
13. The authority citation for part 1405 continues to read:

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

0
14. Revise section 1405.403 to read as follows:


1405.403  Requests from Members of Congress.

    For purposes of this subpart, the agency head is the HCA.

PART 1414--SEALED BIDDING

0
15. The authority citation for part 1414 continues to read:

    Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5 
U.S.C. 301.
0
16. Revise section 1414.407-3 to read as follows:


1414.407-3  Other mistakes disclosed before award.

    (a) The HCA is authorized to make the administrative determinations 
under FAR 14.407-3, except as set forth in paragraph (b) of this 
section. This authority is not redelegable.
    (b) The CCO has the authority outlined in FAR 14.407-3(c) (48 CFR 
14.407-3(c)) to make the written determination permitting a bidder to 
withdraw a bid, after review by the SOL.
    (c) The CO shall submit a report on suspected or alleged mistakes 
in bids together with the supporting data to the HCA. The CO may also 
include a report on bids where evidence of the intended bid is clear 
and convincing but the bidder has not requested permission to correct 
the bid. Incomplete reports may result in a delay in obtaining a 
determination.
    (d) The HCA is responsible for maintaining records of 
administrative determinations.

PART 1416--TYPES OF CONTRACTS

0
17. The authority citation for part 1416 continues to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5 
U.S.C. 301.
0
18. Revise section 1416.405 to read as follows:


1416.405  Contract clauses.

    The HCA, without the power of redelegation, is authorized to 
approve an award fee clause to use in a solicitation when a cost-plus-
award-fee contract is contemplated.

PART 1419--SMALL BUSINESS PROGRAMS

0
19. The authority citation for part 1419 continues to read as follows:

    Authority: 40 U.S.C. 121(c); 40 U.S.C. 486(c); and 5 U.S.C. 301.
0
20. Revise section 1419.503-70 to read as follows:


1419.503-70  Class set-aside for construction acquisitions.

    (a) Acquisitions for construction (as defined in Federal 
Acquisition Regulation (FAR) 2.101) estimated to cost $2 million or 
less must be set-aside on a class basis for exclusive participation by 
small business or disadvantaged business concerns. This class set-aside 
does not apply when:
    (1) The acquisition is procured using simplified acquisition 
procedures;
    (2) A non-competitive acquisition has been approved under the 
procedures of FAR 6.3;
    (3) Work is to be performed outside the U.S.; or
    (4) The HCA determines that adequate competition is not likely to 
be obtained if the acquisition is restricted to small business 
concerns.
    (b) [Reserved]

PART 1426--OTHER SOCIOECONOMIC PROGRAMS

0
21. The authority citation for part 1426 continues to read:

    Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5 
U.S.C. 301.
0
22. Revise section 1426.7102-2 to read as follows:


1426.7102-2  Requirements.

    (a) MBDA-91 Plan. The HCA is required to submit the Plan on form 
MBDA-91 to the OSDBU by no later than November 15 of each year. Section 
1 of the form, ``Procurement Program Activities,'' will be completed by 
OSDBU. Sections 2 through 5 must be completed by bureaus and offices.
    (b) MBDA-91 Reports. The HCA must submit reports to the OSDBU 
within 30

[[Page 85177]]

days following the end of a fiscal quarter. Reports are cumulative from 
October 1 of the reporting fiscal year, and monetary figures should be 
rounded to whole dollars in each section of the report.
    (c) ``Negative report'' means when the Bureau had no reportable 
activity during the quarter. Submit such a report using the MBDA-91 
report form.
0
23. Revise section 1426.7103-2 to read as follows:


1426.7103-2  Requirements.

    The contracting offices shall report designated projects funded 
with EPA monies, involving the actual award of contracts, subcontracts, 
financial assistance instruments, subagreements, etc. by DOI. Do not 
include Departmental projects covered by Superfund and funded solely 
with Departmental appropriations. The HCA must submit one of the 
following reports inclusive of all projects, as applicable, to the 
OSDBU by no later than November 8 of each year:
    (a) EPA Forms 6005-3 and 6005-3A for applicable Superfund contract 
awards, including partial awards to minority businesses.
    (b) EPA Form 6005-3A only, for applicable Superfund contract awards 
when no awards were made to minority firms, to report the efforts made 
to promote minority business participation in the designated projects.
    (c) ``Negative Report'' when the reporting Bureau did not award 
contracts using Superfund monies.

PART 1431--CONTRACT COST PRINCIPLES AND PROCEDURES

0
24. The authority citation for part 1431 continues to read as follows:

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

0
25. Revise section 1431.101 to read as follows:


1431.101  Objectives.

    Individual deviations concerning cost principles and procedures 
shall require the approval of the cognizant Assistant Secretary, with 
further redelegation authorized. Redelegation is limited to the HCA.

PART 1442--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
26. The authority citation for part 1442 continues to read as follows:

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

0
27. Revise section 1442.602 to read as follows:


1442.602  Assignment and location.

    The HCA has the authority to approve the appointment of a Corporate 
Administrative Contracting Officer.

PART 1443--CONTRACT MODIFICATIONS

0
28. The authority citation for part 1443 continues to read as follows:

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

0
29. Revise section 1443.205 to read as follows:


1443.205  Contract clauses.

    HCAs may establish procedures, when appropriate, for authorizing 
the CO to vary the 30-day period for submission of requests for 
adjustment prescribed by FAR 43.205 (48 CFR 43.205).

PART 1449--TERMINATION OF CONTRACTS

0
30. The authority citation for part 1449 continues to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5 
U.S.C. 301.
0
31. Revise section 1449.106 to read as follows:


1449.106  Fraud or other criminal conduct.

    When fraud or other criminal conduct is suspected, the CO will 
submit a report documenting the incident to the HCA for transmittal to 
the OIG. Informational copies will be forwarded to the Director, PAM.
0
32. Revise section 1449.111 to read as follows:


1449.111  Review of proposed settlements.

    All proposed settlement agreements shall be reviewed by the SOL and 
approved at one level above the CO. Settlement agreements of $250,000 
or more shall be approved by the HCA.

Joan M. Mooney,
Principal Deputy Assistant Secretary, Exercising the Delegated 
Authority of the Assistant Secretary--Policy, Management and Budget.
[FR Doc. 2023-26443 Filed 12-6-23; 8:45 am]
BILLING CODE P


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