[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Rules and Regulations]
[Pages 16065-16066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7677]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

48 CFR Part 2801

[Justice Acquisition Circular 95-1]


Amendment to the Justice Acquisition Regulations (JAR) Regarding 
Career Development, Contracting Authority, and Responsibilities

AGENCY: Office of the Procurement Executive, Justice Management 
Division, Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the JAR by revising policies and 
procedures for redelegation of authority for contractual actions of 
goods and services; revising regulations to set forth the Department of 
Justice system for selection, appointment, and termination of 
appointment of contracting officers; and incorporating the agency's 
policies and procedures regarding the Procurement Career Management 
Program.

EFFECTIVE DATE: March 29, 1995.

FOR FURTHER INFORMATION CONTACT:
Janis Sposato, Procurement Executive, Justice Management Division (202) 
514-3103.

SUPPLEMENTARY INFORMATION: The determination is hereby made that this 
amendment must be issued as a final rule. This amendment was not 
published for public comment because it does not have an effect beyond 
the internal operating procedures of the agency. The Director, Office 
of Management and Budget, by memorandum dated December 14, 1984, 
exempted agency procurement regulations from review under Executive 
Order 12291, except for selected areas. The exception applies to this 
rule. The Department of Justice certifies that this rule will not have 
a significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601-612) because the 
amendment sets forth, wholly, internal departmental procedures. No 
additional time or cost burden will be placed on contractors by the 
promulgation of this regulation.

List of Subjects in 48 CFR Part 2801

    Government procurement.

    Dated: March 21, 1995.
Stephen R. Colgate,
Assistant Attorney General for Administration.

PART 2801--DEPARTMENT OF JUSTICE ACQUISITION REGULATION SYSTEM

    1. The authority citation for 48 CFR Part 2801 continues to read as 
follows:

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

    2. The heading of subpart 2801.6 is revised to read as follows:

Subpart 2801.6--Career Development, Contracting Authority, and 
Responsibilities

    3. Section 2801.601 is amended by revising paragraph (d) to read as 
follows:


2801.601  General.

* * * * *
    (d) The redelegation of contracting authority directly to specific 
persons without regard for intermediate organizational levels only 
establishes authority to represent the Government in its commercial 
business dealings. It is not intended to affect the organizational 
[[Page 16066]] relationship between the contracting officers and higher 
administrative and supervisory levels in the performance of their 
duties.
* * * * *
    4. Section 2801.603 is revised to read as follows:


2801.603  Selection, appointment and termination of appointment.


2801.603-2  Selection.

    Selection of contracting officers shall be in accordance with 
criteria and procedures established by each Bureau Procurement Chief in 
his or her component.
    5. Section 2801.670 is added to read as follows:


2801.670  Department of Justice Procurement Career Management Program.

    (a) Each Bureau Procurement Chief shall develop a procurement 
career management program for contracting personnel in his or her 
component.
    (b) The program shall cover all contracting personnel with less 
than seven year experience in the categories described below:
    (1) Occupational series 1102;
    (2) Contracting officers with contracting authority above the 
simplified acquisition threshold;
    (3) Occupational series 1105, other individuals performing 
purchasing duties and individuals with contracting authority at or 
under the simplified acquisition threshold.
    (c)(1) The program shall include:
    (i) An individual assessment by a supervisor of each covered 
employee's state of competence to perform the full range of potential 
duties of his or his job; and
    (ii) An individual development plan to schedule classroom, on-the-
job training, or other training to develop the employee's skill level 
to an appropriate level in each area of competence necessary to perform 
his or her job.
    (2) Individual assessments and development plans should be designed 
to fit the needs of the component, but they should build upon the units 
of competence and instruction prepared by the Federal Acquisition 
Institute wherever feasible. Individual development plans should 
attempt to bring the employee to an appropriate level of skill in all 
necessary competencies by the time the employee has obtained seven 
years of experience in the field of procurement. In general, a 
proficiency skill level of 3, as defined in Attachment 1 to OFPP Policy 
Letter 92-3, shall be attained for any contracting duty that is 
actually required to be performed on the job.
    (3) Employees who perform only purchasing duties, regardless of 
occupational series, shall be required to obtain the requisite level of 
skill only in competencies involving small purchases. If the employee's 
duties are expanded to include contracting duties, then skill in 
procurement competencies must be assessed and developed.
    (4) Individual assessments of covered employee skills shall be 
completed by June 27, 1995, or within 90 days of the employee's entry 
on duty.

[FR Doc. 95-7677 Filed 3-28-95; 8:45 am]
BILLING CODE 4410-01-M