Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations 16065

included in their proposals and

subcontractor proposals. This includes

uncompensated overtime hours that are

in indirect cost pools for personnel

whose regular hours are normally

charged direct (see 48 CFR 1815.608–

72).

4. Section 1837.110 is revised to read

as follows:

1837.110 Solicitation provisions and

contract clauses.

(a) The contracting officer shall obtain

the Associate Administrator for

Procurement’s (Code HC) approval

before using in a solicitation, contract,

or negotiated contract modification for

additional work any installationdeveloped clause involving pension

portability.

(b) The following provision applies to

procurements under which professional

and technical services are acquired on

the basis of the number of hours to be

provided, rather than on the task to be

performed.

(1) If the resulting contract is expected

to exceed $500,000, the contracting

officer shall insert in the solicitation the

provision at 48 CFR 1852.237–72,

Identification of Uncompensated

Overtime.

(2) If the resulting contract is expected

to exceed $100,000 but not exceed

$500,000, the contracting officer may

insert in the solicitation the provisions

at 48 CFR 1852.237–72, Identification of

Uncompensated Overtime.

PART 1852—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

5. Section 1852.237–72 is added to

read as follows:

1852.237–72 Identification of

Uncompensated Overtime.

As prescribed in 48 CFR 1827.110(b),

insert the following provision:

IDENTIFICATION OF UNCOMPENSATED

OVERTIME

(APRIL 1995)

The use of uncompensated overtime is

neither encouraged nor discouraged. When

the proposed uncompensated overtime is

consistent with an offeror’s written policies

and practices, NASA will consider it in

proposal evaluation, including the evaluation

of cost and of professional compensation (see

48 CFR (FAR) subpart 22.11).

(a) Definitions. As used in this provision:

Uncompensated overtime means the hours

worked in excess of an average of 40 hours

per week, by direct charge employees who

are exempt from the Fair Labor Standards Act

(FLSA) without additional compensation.

Compensated personal absences, such as

holidays, vacations, and sick leave shall be

included in the normal work week for

purposes of computing uncompensated

overtime hours.

Effective hourly rate is the rate that results

from multiplying the hourly rate for a 40-

hour work week by 40, and then dividing by

the proposed hours per week. For example,

45 hours proposed on a 40-hour work week

basis at $20.00 per hour would be converted

to an effective hourly rate of $17.78 per hour

[($20.00×40) divided by 45=$17.78.]

(b) For any hours proposed against which

an effective hourly rate is applied, the Offeror

shall identify in its proposal the hours in

excess of an average of 40 hours per week,

at the same level of detail as compensated

hours, and the effective hourly rate, whether

at the prime or subcontract level. This

includes uncompensated overtime hours that

are in indirect cost pools for personnel whose

regular hours are normally charged direct.

The proposal shall include the rationale and

methodology used to estimate the proposed

amount of uncompensated overtime.

(c) The Offeror’s accounting practices used

to estimate uncompensated overtime must be

consistent with its cost accounting practices

used to accumulate and report

uncompensated overtime hours.

(d) Proposals that include unrealistically

low labor rates, or that do not otherwise

demonstrate cost realism, will be considered

in a technical and cost risk assessment and

evaluated for award in accordance with that

assessment.

(e) The Offeror shall include with its

proposal a copy of its policy addressing

uncompensated overtime, a description of

the timekeeping and accounting systems

used to record all hours worked by FLSAexempt employees, and the historical basis

for the uncompensated overtime hours

proposed.

(End of provision)

[FR Doc. 95–7734 Filed 3–28–95; 8:45 am]

BILLING CODE 7510–01–M

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
16066 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations

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