[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53996-53997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21388]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 6

[FAC 2005-27; FAR Case 2007-007; Item V; Docket 2008-001; Sequence 17]
RIN 9000-AL08


Federal Acquisition Regulation; FAR Case 2007-007, Additional 
Requirements for Competition Advocate Annual Reports

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to require that 
annual reviews by executive agency competition advocates be provided in 
writing to both the agency senior procurement executive and the agency 
chief acquisition officer, if designated, and that the reports 
specifically address the quality of planning, executing, and managing 
of task and delivery orders over $1 million.

DATES: Effective Date: October 17, 2008.

FOR FURTHER INFORMATION CONTACT Mr. Ernest Woodson, Procurement 
Analyst, at (202) 501-3775 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR case 
2007-007.

SUPPLEMENTARY INFORMATION:

A. Background

    The Administrator of the Office of Federal Procurement Policy 
(OFPP) issued a memorandum dated May 31, 2007, entitled ``Enhancing 
Competition in Federal Acquisition'', to executive agency chief 
acquisition officers and senior procurement executives that outlined 
several initiatives for enhancing competition in Federal acquisition. 
The agency competition advocates are required to describe initiatives 
that ensure task and delivery orders over $1,000,000 issued under 
multiple award contracts are properly planned, issued, and comply with 
8.405 and 16.505 in a report to the agency senior procurement executive 
and the

[[Page 53997]]

agency chief acquisition officer. An attachment to the Administrator's 
May 31, 2007 memorandum entitled, Enhancing Competition in Federal 
Acquisition, contains a list of questions designed to assist 
competition advocates in assessing the quality of competitive practices 
at their agencies. The policy memorandum and attachment can be found at 
http://www.whitehouse.gov/omb/procurement/comp_contracting/competition_memo_053107.pdf. This FAR case implements this policy 
change.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Part 6 in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 601, et seq. (FAC 2005-27, FAR case 
2007-007), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Part 6

    Government procurement.

    Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 6 as set forth below:

PART 6--COMPETITION REQUIREMENTS

0
1. The authority citation for 48 CFR part 6 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

0
2. Amend section 6.502 by--
0
a. Revising the introductory text of paragraphs (b)(1) and (b)(2);
0
b. Removing from the end of the paragraph (b)(2)(v) the word ``and'';
0
c. Adding to the end of paragraph (b)(2)(vi) the word ``and'';
0
d. Adding a new paragraph (b)(2)(vii); and
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e. Revising paragraphs (b)(3) and (b)(4) to read as follows:


6.502   Duties and Responsibilities.

* * * * *
    (b) * * *
    (1) Review the contracting operations of the agency and identify 
and report to the agency senior procurement executive and the chief 
acquisition officer--
* * * * *
    (2) Prepare and submit an annual report to the agency senior 
procurement executive and the chief acquisition officer in accordance 
with agency procedures, describing--
* * * * *
    (vii) Initiatives that ensure task and delivery orders over 
$1,000,000 issued under multiple award contracts are properly planned, 
issued, and comply with 8.405 and 16.505.
    (3) Recommend goals and plans for increasing competition on a 
fiscal year basis to the agency senior procurement executive and the 
chief acquisition officer; and
    (4) Recommend to the agency senior procurement executive and the 
chief acquisition officer a system of personal and organizational 
accountability for competition, which may include the use of 
recognition and awards to motivate program managers, contracting 
officers, and others in authority to promote competition in 
acquisition.
[FR Doc. E8-21388 Filed 9-16-08; 8:45 am]
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