2888 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

MAINE—PM10 NONATTAINMENT AREAS—Continued

Designated area

Designation Classification

Date Type Date Type

Rest of State............................. ..................................................................... 11/15/90 Unclassifiable .........

1This definition of the nonattainment area redefines its borders from the entire City of Presque Isle to this area of 0.6 square miles which circumscribe the area of high emission densities and ambient PM10 levels. (January 12, 1995 and FR citation from published date.)

[FR Doc. 95–736 Filed 1–11–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF DEFENSE

48 CFR Parts 206 and 237

Defense Federal Acquisition

Regulation Supplement; Personal

Service Contracts

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

public comments.

SUMMARY: The Director of Defense

Procurement is issuing an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to establish procedures for

contracting for personal services with

individuals for health care services.

DATES: Effective Date: January 5, 1995.

Comment Date: Comments on the

interim rule should be submitted to the

address shown below on or before

March 13, 1995 to be considered in

formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, ATTN:

Ms. Linda S. Holcombe, PDUSD

(A&T)DP(DAR), IMD 3D139, 3062

Defense Pentagon, Washington, DC

20301–3062. Telefax number (703) 602–

0350. Please cite DFARS Case 94–D302

in all correspondence related to this

issue.

FOR FURTHER INFORMATION CONTACT: Ms.

Linda S. Holcombe, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

Section 712 of the National Defense

Authorization Act for Fiscal Year 1994

(Public Law 103–160) requires the

Secretary of Defense to establish

procedures for entering into personal

service contracts under 10 U.S.C. 1091

to carry out health care responsibilities

in medical/dental treatment facilities.

Section 704 of the National Defense

Authorization Act for Fiscal Year 1995

(Public Law 103–337) provides

authority for the Secretary of Defense to

enter into personal service contracts

under 10 U.S.C. 1091 to provide the

services of clinical counselors, family

advocacy program staff, and victim’s

services representatives.

B. Regulatory Flexibility Act

The interim rule may have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.

because it may, to the extent such

authority is exercised by the Secretary

of Defense, reduce competitive

participation by any entities, large or

small, which perform, or are interested

in performing, personal service

contracts under 10 U.S.C. 1091 to carry

out health care responsibilities. Using

these procedures for selecting sources

for health care services, business

entities other than individuals are not

solicited and cannot receive contract

awards. A copy of the Initial Regulatory

Flexibility Analysis has been submitted

to the Chief Counsel for Advocacy of the

Small Business Administration. A copy

of the Initial Regulatory Flexibility

Analysis may be obtained from Ms.

Linda S. Holcombe,

PDUSD(A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062. The interim rule applies to

both large and small businesses.

Comments are invited from small

businesses and other interested parties.

Comments from small entities will be

considered in accordance with 5 U.S.C.

610. Such comments must be submitted

separately and cite DFARS Case 94–

D302 in all correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the interim rule does

not impose reporting or recordkeeping

requirements which require the

approval of OMB under 44 U.S.C. 3501

et seq.

List of Subjects in 48 CFR Parts 206 and

237

Government procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 206 and 237

are amended to read as follows:

1. The authority citation for 48 CFR

Parts 206 and 237 continues to read as

follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 206—COMPETITION

REQUIREMENTS

2. A new subpart 206.1 is added to

read as follows:

Subpart 206.1—Full and Open Competition

Sec.

206.102 Use of competitive procedures.

Subpart 206.1—Full and Open

Competition

206.102 Use of competitive procedures.

(d) Other competitive procedures.

The procedures in 237.104(b)(ii) are

competitive procedures.

PART 237—SERVICE CONTRACTING

3. Section 237.104 is amended by

revising paragraph (b)(ii) to read as

follows:

237.104 Personal services contracts.

(b)(i) * * *

(ii) Personal service contracts for

health care are authorized by 10 U.S.C.

1091.

(A) This authority may be used to

acquire—

(1) Direct health care services

provided in medical treatment facilities;

and

(2) Services of clinical counselors,

family advocacy program staff, and

victim’s services representatives to

members of the Armed Forces and

covered beneficiaries who require such

services, provided in medical treatment

facilities or elsewhere. Persons with

whom a personal services contract may

be entered into under this authority

include clinical social workers,

psychologists, psychiatrists, and other

comparable professionals who have

advanced degrees in counseling or

related academic disciplines and who

meet all requirements for State licensure

and board certification requirements, if

any, within their fields of specialization.

(B) Sources for personal service

contracts with individuals under the

authority of 10 U.S.C. 1091 shall be
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2889

selected through the procedures in this

section. These procedures do not apply

to contracts awarded to business entities

other than individuals. Selections made

using the procedures in this section are

competitive (see 206.102(d)).

(C) Approval requirements for—

(1) Direct health care personal service

contracts (see 237.104(b)(ii)(A)(1)) and a

pay cap are in DoDI 6025.5, Personal

Services Contracting Authority for

Direct Health Care Providers. Requests

to enter into a personal service contract

for direct health care services must be

approved by the commander of the

medical/dental treatment facility where

the services will be performed.

(2) Services of clinical counselors,

family advocacy program staff, and

victim’s services representatives (see

237.104(b)(ii)(A)(2)), shall be in

accordance with agency procedures.

(D) The contracting officer must

ensure that the requiring activity

provides a copy of the approval with the

purchase request.

(E) The contracting officer must

provide adequate advance notice of

contracting opportunities to individuals

residing in the area of the facility. The

notice must include the qualification

criteria against which individuals

responding will be evaluated. The

contracting officer shall solicit

applicants through at least one local

publication which serves the area of the

facility. Acquisitions under this section

for personal service contracts are

exempt from the posting and synopsis

requirements of FAR Part 5.

(F) The contracting officer shall

provide the qualifications of individuals

responding to the notice to the

commander of the facility for evaluation

and ranking in accordance with agency

procedures. Individuals must be

considered solely on the basis of the

professional qualifications established

for the particular personal services

being acquired and the Government’s

estimate of reasonable rates, fees, or

other costs. The commander of the

facility shall provide the contracting

officer with rationale for the ranking of

individuals, consistent with the

required qualifications.

(G) Upon receipt from the facility of

the ranked listing of applicants, the

contracting officer shall either—

(1) Enter into negotiations with the

highest ranked applicant. If a mutually

satisfactory contract cannot be

negotiated, the contracting officer shall

terminate negotiations with the highest

ranked applicant and enter into

negotiations with the next highest.

(2) Enter into negotiations with all

qualified applicants and select on the

basis of qualifications and rates, fees, or

other costs.

(H) In the event only one individual

responds to an advertised requirement,

the contracting officer is authorized to

negotiate the contract award. In this

case, the individual must still meet the

minimum qualifications of the

requirement and the contracting officer

must be able to make a determination

that the price is fair and reasonable.

(I) If a fair and reasonable price

cannot be obtained from a qualified

individual, the requirement should be

canceled and acquired using procedures

other than those set forth in this section.

* * * * *

[FR Doc. 95–763 Filed 1–11–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 265]

Organization and Delegation of Powers

and Duties Delegations to the Director

of the Departmental Office of Civil

Rights

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: This document contains a

delegation of authority to the Director of

the Departmental Office of Civil Rights

(DOCR) to conduct all stages of the

Department’s formal internal

discrimination complaint process and to

provide policy guidance concerning the

implementation and enforcement of all

civil rights laws, regulations and

executive orders for which the

Department of Transportation (DOT or

the Department) is responsible. This

document also amends the delegation of

authority to DOT Administrators

relating to internal civil rights functions

since, with the exception of certain

responsibilities related to the resolution

of informal complaints of

discrimination within DOT operating

administrations, these functions are

being transferred to the Director of

DOCR. There are no substantive changes

to the DOCR’s functions with respect to

the Department’s external civil rights

programs. The language changes dealing

with external programs are only

designed to more clearly state existing

authority and practice.

EFFECTIVE DATE: This rule becomes

effective on January 12, 1995.

FOR FURTHER INFORMATION CONTACT:

Debra J. Rosen, Office of the Assistant

General Counsel for Environmental,

Civil Rights and General Law at (202)

366–9167 or Steven B. Farbman, Office

of the Assistant General Counsel for

Regulation and Enforcement at (202)

366–9306, Department of

Transportation, 400 7th Street SW.,

Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Consistent

with a provision in the Department of

Transportation and Related Agencies

Appropriations Act, 1995, Public Law

103–331, the Secretary of

Transportation approved the

consolidation of internal civil rights

functions within the Department. Under

the consolidation plan, all functions

relating to the processing of formal

administrative complaints of

employment discrimination filed by

Department employees and applicants

for federal employment with the

Department are assigned to the DOCR.

Thus, it is necessary to amend the

relevant parts of the CFR to reflect these

new authorities.

49 CFR Part 1 describes the

organization of DOT and provides for

the performance of duties imposed

upon, and the exercise of powers vested

in, the Secretary of Transportation by

law. Section 1.23 describes the spheres

of primary responsibility within DOT

and is being revised to reflect the new

responsibilities assigned to the DOCR

and to clarify the DOCR’s existing

responsibilities. Amended section 1.23

states that the DOCR is responsible for

conducting all stages of the formal

internal discrimination complaint

process. In addition, the DOCR is

responsible for providing policy

guidance within the Department

concerning the implementation and

enforcement of all civil rights laws,

regulations and executive orders for

which the Department is responsible,

and for reviewing and evaluating the

civil rights programs of the

Department’s operating administrations (OAs). Finally, amended section

1.23 states that the Director of the DOCR

serves as the Department’s Equal

Employment Opportunity Officer and

Title VI Coordinator.

Currently, section 1.45(a)(10)

delegates authority to the

Administrators of the DOT operating

administrations to accept or reject

internal complaints of discrimination by

their respective employees and

applicants for employment on the basis

of race, color, religion, sex, national

origin, or age arising within their

organizations. Under the consolidation,

the OAs (including the Coast Guard)

will retain responsibility for resolving

informal complaints of discrimination