390 Federal Register / Vol. 61, No. 4 / Friday, January 5, 1996 / Rules and Regulations

to subjects would alert those individuals to

the fact that the OTS or another law

enforcement authority is conducting an

investigation or inquiry into their activities,

and such accountings could reveal the

geographic location of the investigation or

inquiry, the nature and purpose of the

investigation or inquiry and the nature of the

information disclosed, and dates on which

that investigation or inquiry was active.

Subjects possessing such knowledge would

thereby be able to take appropriate measures

to avoid detection or apprehension by

altering their operations, transferring their

activities to other locations or destroying or

concealing evidence which would form the

basis for prosecution or the imposition of

civil sanctions.

(e) 5 U.S.C. 552a(e)(1) requires that an

agency maintain in its records only such

information about an individual as is

relevant and necessary to accomplish a

purpose of the agency required to be

accomplished by statute or executive order.

The term ‘‘maintain’’ as defined in 5 U.S.C.

552a(a)(3) includes ‘‘collect’’ and

‘‘disseminate.’’ At the time that information

is collected by the OTS there is often

insufficient time to determine whether the

information is relevant and necessary to

accomplish a purpose of the OTS; in many

cases information collected may not be

immediately susceptible to a determination

of whether the information is relevant and

necessary, particularly in the early stages of

investigation or inquiry; and in many cases

information which initially appears to be

irrelevant and unnecessary may, upon further

evaluation or upon continuation of the

investigation or inquiry, prove to have

particular relevance to an enforcement

program of the OTS. Further, not all

violations of law uncovered during an OTS

investigation or inquiry fall within the

jurisdiction of the OTS; in order to promote

effective law enforcement it often becomes

necessary and desirable to disseminate

information pertaining to such violations to

other law enforcement agencies which have

jurisdiction over the offense to which the

information relates. The OTS therefore

believes that it is appropriate to exempt the

above–listed systems of records from

provisions of 5 U.S.C. 552a(e)(1).

Dated: September 20, 1995.

Jonathan L. Fiechter,

Acting Director.

Dated: December 5, 1995.

Alex Rodriquez,

Deputy Assistant Secretary (Administration).

[FR Doc. 96–73 Filed 1–4–96; 8:45 am]

BILLING CODE: 6720–01–F

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1253

RIN 3095–AA64

Location of Records and Hours of Use;

Suitland Research Room

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule; confirmation of

interim final rule.

SUMMARY: The National Archives and

Records Administration (NARA) is

adopting as a final rule the interim final

rule on NARA location of records and

hours of use. The interim rule modified

research room hours at the Suitland

research room to end Saturday hours

and updated addresses and hours of use

of NARA facilities outside the

Washington, DC area. This final rule

corrects the extended ZIP codes of

several addresses updated in the interim

rule. This rule affects Federal agencies

and members of the public who perform

research in NARA facilities.

DATES: The effective date of this rule is

September 9, 1995.

FOR FURTHER INFORMATION CONTACT:

Mary Ann Hadyka or Nancy Allard on

(301) 713–6730.

SUPPLEMENTARY INFORMATION: On August

8, 1995, NARA issued an interim final

rule (60 FR 40416). The effective date of

the interim final rule was September 9,

1995. No comments were received

during the 60-day comment period

provided by the interim rule; however,

several addresses in the interim rule

require minor corrections. No changes

have been made to the research room

hours published in the interim rule.

This rule is not a significant

regulatory action for purposes of

Executive Order 12866 of September 30,

1993, and has not been reviewed by the

Office of Management and Budget. As

required by the Regulatory Flexibility

Act, it is hereby certified that this rule

will not have a significant impact on

small entities.

List of Subjects in 36 CFR Part 1253

Archives and records.

Accordingly, the interim final rule

amending 36 CFR part 1253 which was

published at 60 FR 40416 on August 8,

1995, is adopted as a final rule with the

following changes:

PART 1253—LOCATION OF RECORDS

AND HOURS OF USE

1. The authority citation for part 1253

continues to read as follows:

Authority: 44 U.S.C. 2104(a).

2. In § 1253.3, paragraph (d) is revised

to read:

§ 1253.3 Presidential libraries.

* * * * *

(d) Dwight D. Eisenhower Library, 200

SE Fourth Street, Abilene, KS 67410–

2900. Hours: 9 a.m. to 4:45 p.m.,

Monday through Friday.

3. In § 1253.6, paragraphs (h), (i), and

(m) are revised to read:

§ 1253.6 Federal Records Centers.

* * * * *

(h) 2312 E. Bannister Rd., Kansas City,

MO 64131–3060. Hours: 8 a.m. to 4

p.m., Monday through Friday.

(i) 501 W. Felix St., Bldg. 1, Dock 1,

Fort Worth, TX. Mailing Address: PO

Box 6216, Fort Worth, TX 76115–6216.

Hours: 8 a.m. to 4 p.m., Monday through

Friday.

* * * * *

(m) 6125 Sand Point Way NE, Seattle,

WA 98115–7999. Hours: 8 a.m. to 4

p.m., Monday through Friday.

4. In § 1253.7, paragraphs (g), (h), (l),

and (m) are revised to read:

§ 1253.7 Regional Archives System.

* * * * *

(g) National Archives—Central Plains

Region, 2312 E. Bannister Rd., Kansas

City, MO 64131–3060. Hours: 8 a.m. to

4 p.m., Monday through Friday.

Telephone: (816) 926–6934.

(h) National Archives—Southwest

Region, 501 West Felix St., Bldg. 1,

Dock 1, Fort Worth, TX. Mailing

address: PO Box 6216, Fort Worth, TX

76115–0216. Hours: 8 a.m. to 4 p.m.,

Monday through Friday. Telephone:

(817) 334–5525.

* * * * *

(l) National Archives—Pacific

Northwest Region, 6125 Sand Point Way

NE, Seattle, WA 98115–7999. Hours: 8

a.m. to 4 p.m., Monday through Friday.

Telephone: (206) 526–6507.

(m) National Archives—Alaska

Region, 654 W. 3rd Ave. Rm. 012,

Anchorage, AK 99501–2145. Hours: 8

a.m. to 4 p.m., Monday through Friday.

Telephone: (907) 271–2441.

Dated: December 28, 1995.

John W. Carlin,

Archivist of the United States.

[FR Doc. 96–139 Filed 1–4–96; 8:45 am]

BILLING CODE 7515–01–P
Federal Register / Vol. 61, No. 4 / Friday, January 5, 1996 / Rules and Regulations 391

DEPARTMENT OF TRANSPORTATION

48 CFR Parts 1213, 1237, 1252 and

1253

RIN 2105–AC–30

Revision of Department of

Transportation Acquisition Regulation;

Procedures for Acquiring Training

Services

AGENCY: Transportation.

ACTION: Final rule.

SUMMARY: This final rule implements a

Department of Transportation Office of

the Inspector General recommendation

resulting from a review of the

acquisition of commercial training

services. This final rule contains

revisions to the Transportation

Acquisition Regulation (TAR) which

were published in the November 3, 1995

Federal Register (60 FR 55827) as a

notice of proposed rulemaking (NPRM).

The revisions address public comments

received as a result of the November 3,

1995 NPRM. The TAR is codified in

Chapter 12 of Title 48 of the Code of

Federal Regulations.

EFFECTIVE DATE: January 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Barbara Perreault Weakley, Office of

Acquisition and Grant Management,

M–61, 400 Seventh Street, S.W.,

Washington, D.C. 20590: (202) 366–

4967.

SUPPLEMENTARY INFORMATION:

A. Background

On November 3, 1995, revisions to the

TAR were published in the Federal

Register (60 FR 55827) as a notice of

proposed rulemaking (NPRM).

Comments were solicited from

interested parties, including the public

and other Federal agencies. The NPRM

announced the Department’s intent to

revise the TAR to require all contractors

to certify that the data provided

concerning company qualifications,

background, etc., is current, accurate

and complete; and to prohibit

contractors from soliciting or

advertising private, non-Government (to

include non-appropriated fund

instrumentalities) training to students

during contracted-for training sessions.

The NPRM established a public

comment period which closed on

December 4, 1995.

B. Public Comments

Three substantive comments were

received from one commentor in

response to the proposed rule. The

Department fully considered these

comments in developing the final rule

and has reconciled the comments as

follows:

Comment: The clause at (TAR) 48

CFR 1252.237–72, Prohibition on

Advertising, while better in its

description of the practices the

Department wishes to prohibit, still may

be too restricted. If ‘‘conducting training

services’’ is meant to mean the act of

delivering the contracted training, it is

acceptable. If it refers to any time under

contract with the Department, we

believe it is too restrictive and

unacceptably interferes with free

enterprise and conduct of our business.

To preclude misunderstandings,

recommend the clause be changed to

read, ‘‘* * * shall not advertise or

solicit business from attendees for

private, non-Government training

during the training sessions * * *.’’

Response: The comment was adopted

with minor changes in wording.

Comment: The meaning of the phrase

‘‘non-Government’’ is not clear. Does it

mean training that is not applicable to

the Government or training provided by

‘‘for profit’’ and ‘‘not for profit’’

companies. In the interest of fair

competition and free enterprise, this

rule should extend to all nonappropriated fund instrumentalities.

Recommend the phrase ‘‘to include nonappropriated fund instrumentalities’’ be

included after each mention of the term

‘‘non-Government.’’

Response: The rule extends to all for

profit and not for profit companies

under contract to provide training to

DOT employees. The TAR language is

considered adequate and no change was

required.

Comment: We believe the clause at

(TAR) 1252.237–72 is also too restrictive

with regard to a common occurrence

which arises while providing the

training. Students who are interested in

other subject areas may ask about our

ability to provide such training.

Literally interpreted, our instructors

could not answer such questions. We do

not believe this to be the intent of the

clause. We recommend inserting the

word ‘‘unsolicited’’ in the second

sentence of the clause as follows, ‘‘This

prohibition extends to unsolicited oral

comments, * * *.’’

Response: The comment was adopted

and (TAR) 48 CFR 1252.237–72 was

changed to reflect this clarification.

C. Regulatory Analyses and Notices

The Department has determined that

this action is not a significant regulatory

action under Executive Order 12866 or

under the Department’s Regulatory

Policies and Procedures. The

Department does not believe that there

would be sufficient Federalism

implications to warrant the preparation

of a Federalism assessment. This rule

will not have a significant economic

impact on a substantial number of small

entities because the basic policies

remain unchanged. Therefore, this rule

does not require a regulatory flexibility

analysis under the Regulatory

Flexibility Act of 1980.

D. Paperwork Reduction Act

The Paperwork Reduction Act (Pub.

L. 96–511) applies because the final rule

contains information collection

requirements which require OMB

approval under 44 U.S.C. 3501, et seq.

OMB has granted approval for the

period through April 30, 1997, under

OMB Control Number 2105–0517.

List of Subjects in 48 CFR Parts 1213,

1237, 1252 and 1253

Government procurement.

This final rule is issued by delegated

authority under 49 CFR 1.59(q). This

authority has been redelegated to the

Senior Procurement Executive.

Issued this 22nd day of December 1995, at

Washington, DC.

David J. Litman,

Senior Procurement Executive.

Adoption of Amendments

Title 48 of the Code of Federal

Regulations, Parts 1213, 1237, 1252 and

1253 are amended as set forth below:

1. The authority citation for 48 CFR

chapter 12, Parts 1213, 1237, 1252 and

1253 continues to read as follows:

Authority: 5 U.S.C. 201; 41 U.S.C. 418(b);

48 CFR 3.1.

2. Part 1213 is amended by adding

subpart 1213.71 to read as follows:

PART 1213—SMALL PURCHASES AND

OTHER SIMPLIFIED PURCHASE

PROCEDURES

Subpart 1213.71—Department of

Transportation Procedures for Acquiring

Training Services

1213.7100 Applicability.

1213.7101 Solicitation provision and

contract clause.

Subpart 1213.71—Department of

Transportation Procedures for

Acquiring Training Services

§ 1213.7100 Applicability.

(a) DOT policy at (TAR) 48 CFR

1237.7000 also applies to the Standard

Form (SF) 182, Request, Authorization,

Agreement and Certification of Training,

which may be used to acquire training

services; however, the policy does not
392 Federal Register / Vol. 61, No. 4 / Friday, January 5, 1996 / Rules and Regulations

apply to training services acquired by

the Government purchase/credit card.

The Government purchase/credit card

can only be used to acquire training

services valued at $2,500 or less.

(b) As reflected in (TAR) 48 CFR

1237.7002, this policy does not apply to

training attended by DOT employees

which is scheduled and conducted by

Government sources of supply,

educational institutions, or private

entities where DOT does not control or

sponsor the training. Examples of when

the policy does and does not apply

include:

(1) When SF 182s are issued for three

DOT employees to attend a one week

course at a university or other private

entity, the policy does not apply. DOT

does not control this course because the

university or private entity has a

contract in place with the training

provider and DOT is placing an order

under an existing contract; and

(2) When DOT awards a contract to a

university or other private entity to

provide training for DOT and/or other

Government personnel, the policy

applies. DOT controls this course;

therefore, no soliciting or advertising of

private, non-Government training while

conducting the contracted-for training is

permitted.

§ 1213.7101 Solicitation provision and

contract clause.

(a) Contracting officers shall insert the

provision at (TAR) 48 CFR 1252.237–71,

Certification of Data, in all solicitations

and requests for quotations, and the

clause at (TAR) 48 CFR 1252.237–72,

Prohibition on Advertising, in

solicitations, requests for quotations,

and all contracts (e.g., purchase orders,

SF 182s) for training services when the

content and/or presentation of the

training is controlled by DOT.

(b) Contracting officers shall

incorporate the successful offeror’s

certified data into any resultant

contract(s). Certified data may be

incorporated by reference, if the

contracting officer determines it

contains sufficient descriptive

information (i.e., dated material such as

re ́sume ́s, company and/or personnel

qualifications) to reliably describe the

certified data submitted.

PART 1237—SERVICE CONTRACTING

3. Subpart 1237.70, Department of

Transportation Procedures for Acquiring

Training Services, is added to read as

follows:

Subpart 1237.70—Department of

Transportation Procedures for Acquiring

Training Services

1237.7000 Policy.

1237.7001 Certification of data.

1237.7002 Applicability.

1237.7003 Solicitation provision and

contract clause.

Subpart 1237.70—Department of

Transportation Procedures for

Acquiring Training Services

§ 1237.7000 Policy.

When training services are provided

under contract to DOT, it is the policy

of DOT that all prospective contractors:

(a) Certify that the data provided

concerning company qualifications,

background statements, etc., is current,

accurate, and complete; and

(b) Agree to not solicit or advertise

private, non-Government training while

conducting a training course.

§ 1237.7001 Certification of data.

Towards fulfilling DOT’s policy at

(TAR) 48 CFR 1237.7000(a), contracting

officers shall request information from

prospective contractors for certification

purposes. The type of information

requested is dependent upon the

criticality of the service and/or any

unique or essential qualification

requirements.

§ 1237.7002 Applicability.

The policy at (TAR) 48 CFR

1237.7000 applies to all DOT contracts

as defined in FAR 2.101 for training

services when DOT controls the content

and/or presentation of the course. This

policy does not apply to courses

attended by DOT employees which are

offered and sponsored by Government

sources of supply, educational

institutions, or private entities where

DOT does not control the course content

or presentation. (See (TAR) 48 CFR

1213.7100 for examples.)

§ 1237.7003 Solicitation provision and

contract clause.

(a) The contracting officer shall insert

the provision at (TAR) 48 CFR

1252.237–71, Certification of Data, in

solicitations and the clause at (TAR) 48

CFR 1252.237–72, Prohibition on

Advertising, in solicitations and

contracts for training services when the

content and/or presentation of the

course is controlled by DOT.

(b) Contracting officers shall

incorporate the successful offeror’s

certified data into any resultant

contract(s). Certified data may be

incorporated by reference, if the

contracting officer determines it

contains sufficient descriptive

information (i.e., dated material such as

re ́sume ́s, company and/or personnel

qualifications) to reliably describe the

certified data submitted.

PART 1252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

4. Part 1252 is amended to add

1252.237–71 and 1252.237–72 in

subpart 1252.2 as follows:

Subpart 1252.2—Texts of Provisions

and Clauses

§ 1252.237–71 Certification of data.

As prescribed in (TAR) 48 CFR

1213.7101 and 1237.7003, insert the

following provisions:

Certification of Data (Jan 1996)

(a) The offeror represents and certifies that

to the best of its knowledge and belief, the

information and/or data (e.g., company

profile, qualifications, background

statements, brochures) submitted with its

offer is current, accurate, and complete as of

the date of its offer.

(b) The offeror understands that any

inaccurate data provided to the Department

of Transportation may subject the offeror, its

subcontractors, its employees, or its

representatives to: (1) prosecution for false

statements pursuant to 18 U.S.C. 1001 and/

or; (2) enforcement action for false claims or

statements pursuant to the Program Fraud

Civil Remedies Act of 1986, 31 U.S.C. 3801–

2812 and 49 CFR part 31 and/or; (3)

termination for default under any contract

resulting from its offer and/or; (4) debarment

or suspension.

(c) The offeror agrees to obtain a similar

certification from its subcontractors.

Signature: llllllllllllllll

Date: llllllllllllllllll

Typed Name and Title: llllllllll

Company Name: lllllllllllll

This certification concerns a matter within

the jurisdiction of an agency of the United

States and the making of a false, fictitious, or

fraudulent certification may render the maker

subject to prosecution under Title 18, United

States Code, Section 1001.

(End of provision)

§ 1252.237–72 Prohibition on advertising.

As prescribed in (TAR) 48 CFR

1213.7002 and 1237.7003, insert the

following clause:

Prohibition on Advertising (Jan. 1996)

The contractor or its representatives

(including training instructors) shall not

advertise or solicit business from attendees

for private, non-Government training during

contracted-for training sessions. This

prohibition extends to unsolicited oral

comments, distribution or sales of written

materials, and/or sales of promotional videos

or audio tapes.

The contractor agrees to insert this clause

in its subcontracts.
Federal Register / Vol. 61, No. 4 / Friday, January 5, 1996 / Rules and Regulations 393

(End of clause)

PART 1253—FORMS

5. In the appendix to Subpart 1253.3,

the (TAR) Matrix is amended by adding

1252.237–71, Certification of Data, and

1252.237–72, Prohibition on

Advertising, immediately following

1252.237–70, Qualifications of

Employees, as follows:

Appendix to Subpart 1253.3

* * * * * * *

Tar Matrix

Provision or clause Prescribed

in

P

or

C

IBR UCF

Principle type and/or purpose of contract

FP

SUP

CR

SUP

FP

R&D

CR

R&D

FP

SVC

CR

SVC

FP

CON

CR

CON

T&M

LH LMV COMSVC DDR A&E FAC INDDEL TRN SP UTLSVC

1252.237–71 Certification of Data ................................ 1237.7003 P No K ........ ........ ........ ........ A A ........ ........ ......... ........ A ........ ........ ........ A ........ A ........

1252.237–72 Prohibition on Advertising .................... 1237.7003 C No I ........ ........ ........ ........ A A ........ ........ ......... ........ A ........ ........ ........ A ........ A ........

[FR Doc. 96–137 Filed 1–4–96; 8:45 am]

BILLING CODE 4910–62–P