[Federal Register Volume 61, Number 187 (Wednesday, September 25, 1996)]
[Rules and Regulations]
[Pages 50248-50251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24302]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
48 CFR Parts 1201, 1202, 1205, 1209, 1210, 1211, 1212, 1213, 1215,
1216, 1219, 1220, 1224, 1233, 1237, 1247, 1252, and 1253
RIN 2105-AC59
Revision of Department of Transportation Acquisition Regulations
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends the Transportation Acquisition
Regulation (TAR) to reflect restructuring and modified coverage that is
made necessary by the Federal Acquisition Streamlining Act of 1994.
EFFECTIVE DATE: October 25, 1996.
FOR FURTHER INFORMATION CONTACT: James F. Hawkins, Office of
Acquisition and Grant Management, M-61, 400 Seventh Street S.W.,
Washington, DC 20590: (202) 366-6688.
SUPPLEMENTARY INFORMATION:
A. Background
Implementation of the Federal Acquisition Streamlining Act (FASA)
of 1994 resulted in changes to the Federal Acquisition Regulation
(FAR). The FAR was modified to provide additional coverage to implement
the Act and restructure parts of the FAR to accommodate the changes
(particularly Parts 10, 11, and 12). The Transportation Acquisition
Regulation (TAR) is being modified to reflect the restructuring and
modified coverage in the FAR. The TAR coverage restructures Parts 1210,
1211, and 1212, part title changes, deletes some prior coverage and
reflects an internal delegation to the United States Coast Guard. Part
1211 is being newly added and Parts 1201 and 1252 is being renumbered
to reflect the restructuring of the TAR.
B. Regulatory Analysis and Notices
This final rule is not significant under Executive Order 12866 of
the Department's Regulatory Policies and Procedures. It does not amend
a rule having substantial public interest and we expect no economic
impacts or Federalism impacts as a result of this rule.
C. Regulatory Flexibility Act
This proposal is not expected to have a significant economic impact
on a substantial number of small entities because the basic policies
remain unchanged. An Initial Regulatory Flexibility Analysis has not
been performed.
D. Paperwork Reduction Act
There are no information collection requirements associated with
this rule.
E. Administrative Procedure Act
A general notice of proposed rulemaking was not published in the
Federal Register because that notice and public procedure are
unnecessary. This final rule revises agency specifies in the
Transportation Acquisition Regulation to conform to the restructuring
and revision of the document it supplements, the Federal Acquisition
Regulation. The Department has little discretion in adopting these
technical changes. We do not anticipate that we would receive
meaningful comments on these amendments.
List of Subjects in 48 CFR Parts 1201, 1202, 1205, 1209, 1210,
1211, 1212, 1213, 1215, 1216, 1219, 1220, 1224, 1233, 1237, 1247,
1252, and 1253
Government procurement.
This final rule is issued pursuant to delegated authority under 49
CFR part 1.59(p). This authority has been redelegated to the Senior
Procurement Executive.
Issued this 12th day of September 1996, at Washington, DC.
David J. Litman,
Director of Acquisition and Grant Management.
Adoption of Amendments
Title 48 of the Code of Federal Regulations, Parts 1201, 1202,
1205, 1209, 1210, 1211, 1212, 1213, 1215, 1216, 1219, 1220, 1224, 1233,
1237, 1247, 1252, and 1253 are amended to read as set forth below:
1. The authority citation for 48 CFR parts 1201, 1202, 1205, 1209,
1210, 1211, 1212, 1213, 1215, 1216, 1219, 1220, 1224, 1233, 1237, 1247,
1252, and 1253 continues to read as follows:
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
PART 1201--FEDERAL ACQUISITION REGULATIONS SYSTEM
Subpart 1201.104-2--[Amended]
2. Subpart 1201.1 is amended by removing ``OST--Office of the
Secretary'' under 1201.104-2 and adding ``TASC--Transportation
Administrative Service Center'' and by redesignating Secs. 1201.102
through 1201.105 as follows:
[[Page 50249]]
1201.102 through 1201.105 [Redesignated as 1201.103 through 1201.106]
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Old section New section
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1201.102.................................. 1201.103
1201.103.................................. 1201.104
1201.104.................................. 1201.105
1201.104-1................................ 1201.105-1
1201.104-2................................ 1201.105-2
1201.104-3................................ 1201.105-3
1201.105.................................. 1201.106
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3. In subpart 1201.470, Sec. 1201.403 is revised to read as
follows:
Subpart 1201.403--Individual Deviations
The authority of the agency head under (FAR) 48 CFR 1.403 and (TAR)
48 CFR chapter 12 is delegated to the Head of the Contracting Activity
or designee no lower than Senior Executive Service (SES)/Flag Officer
level. However, see Transportation Acquisition Manual (TAM) 1201.403.
The TAM is available through the Government Printing Office.
4. Subpart 1201.6 title is revised to read as follows:
Subpart 1201.6--Career Development, Contracting Authority and
Responsibilities
PART 1202--DEFINITIONS OF WORDS AND TERMS
5. Section 1202.1, paragraph (i)(7) is revised to read as follows:
1202.1 Definitions.
* * * * *
(i) * * *
(7) Transportation Administrative Service Center/Office of the
Secretary (OST).
* * * * *
PART 1205--PUBLICIZING CONTRACT ACTIONS
6. Section 1205.101, paragraph (a)(2), is removed and paragraph
(a)2)(iii) is added to read as follows:
1205.101 Methods of disseminating information.
(a)(2)(iii) Contracting officers shall post solicitations expected
to exceed $25,000, if required in OA procedures.
PART 1209--CONTRACTOR QUALIFICATIONS
Subpart 1209.4--[Removed]
7. Subpart 1209.4 (1209.406 through 1209.407-3) is removed and
Sec. 1209.507 is revised to read as follows:
1209.507 Solicitation provisions.
The contracting officer may insert the provision at (TAR) 48 CFR
1252.209-70, ``Disclosure of Conflicts of Interest'' in all
solicitations for negotiated acquisitions, when simplified acquisitions
procedures in (FAR) 48 CFR Part 13, are not used and when the
contracting officer believes the conditions enumerated in (FAR) 48 CFR
9.507-2 warrant inclusion.
PART 1210--MARKET RESEARCH--[RESERVED]
8. The heading of part 1210 is revised, Secs. 1210.004 through
1210.011-90 are removed and the subpart is reserved.
PART 1211--ACQUISITION AND DISTRIBUTION OF COMMERCIAL ITEMS
9. Part 1211 is added to read as follows:
PART 1211--DESCRIBING AGENCY NEEDS
Subpart 1211.6--Priorities and Allocations
1211.602 General.
1211.204-90 Solicitation provision and contract clause (USCG).
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1211.6--Priorities and Allocations
1211.602 General.
(c) The USCG is the only DOT OA delegated authority under the
Defense Priorities and Allocations System (DPAS) regulation (15 CFR
700) to assign priority ratings on contracts and orders placed with
contractors to acquire products, materials, and services in support of
USCG certified national defense related programs.
1211.204-90 Solicitation provision and contract clause (USCG).
(a) The contracting officer shall insert the USCG clause at (TAR)
48 CFR 1252.211-90, Bar Coding Requirement (also see (TAR) 48 CFR
1213.507-90(a)) when the bar coding of supplies is necessary for the
USCG.
(b) See (TAR) 48 CFR 1213.507-90 for a provision which is required
when the USCG clause at (TAR) 48 CFR 1252.211-90, Bar Coding
Requirement, is used with simplified acquisition procedures.
PART 1212--ACQUISITION OF COMMERCIAL ITEMS--[RESERVED]
10. The heading of part 1212 is revised to read as set forth above,
subparts 1213.1 (Sec. 1213.107-90) and 1213.5 (Sec. 1213.5) are removed
and the part is reserved.
PART 1213--SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES
1213.107-90 [Amended]
11. Section 1213.107-90 is amended by correcting the reference to
USCG provision ``1252.210-90'' to read ``1252.213-90'' and reference to
USCG clause ``1252.210-90(a)'' to read ``1252.211-90'' and revise the
words ``in small purchases'' to read ``with simplified acquisition
procedures''.
1213.507-90 [Amended]
12. Section 1213.507-90 is amended by correcting the reference to
USCG clause ``1252.210-90'' to read ``1252.211-90''.
PART 1215--CONTRACTING BY NEGOTIATION
1215.407, 1215.804, and 1215.804-2 [Removed]
13. In part 1215, Secs. 1215.407, 1215.804, and 1215.804-2 are
removed.
14. The heading of Sec. 1215.804-6 is revised to read as follows:
1215.804-6 Instructions for submission of cost or pricing data or
information other than cost or pricing data.
PART 1216--TYPES OF CONTRACTS
15. In part 1216, subpart 1216.5 is added to read as follows:
Subpart 1216.5--Indefinite-Delivery Contracts
1216.505 Ordering.
(b)(4) Unless otherwise provided in OA procedures, the OA
Competition Advocate is designated as the OA Task and Delivery Order
Ombudsman.
(i) If any corrective action is needed after reviewing complaints
from contractors on task and delivery order contracts, the OA Ombudsman
shall provide a written determination of such action to the contracting
officer.
(ii) Issues that cannot be resolved within the OA, are to be
forwarded to the DOT Task and Delivery Order Ombudsman for review and
resolution.
PART 1219--SMALL BUSINESS PROGRAMS
16. Part 1219 title is revised to read as set forth above and
subpart 1219.7 title is revised to read ``Subcontracting with Small
Business, Small Disadvantaged Business and Women-Owned Small Business
Concerns''. The last sentence of Sec. 1219.201(c) is removed. Appendix
A following
[[Page 50250]]
Sec. 1219.006 is designated as Subpart A to Subpart 1219.10 and items
(4) and (6) are revised to read as follows:
Appendix A to Subpart 1219.10
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FPDs product and service
Targeted industry categories code
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* * * * *
(4) Maintenance, Repair, and Rebuilding of J028/J010
engines, turbines, components and weapons
equipment.
* * * * *
(6) ADP Support Equipment.................. 7035
* * * * *
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PART 1220--LABOR SURPLUS AREA CONTRACTING
17. Part 1220 title is revised to read as set forth above.
PART 1224--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
18. In part 1224, Sec. 1224.000 is removed and Sec. 1224.103 is
added to subpart 1224.1 to read as follows:
1224.103 Procedures.
DOT's rules and regulations implementing the Privacy Act of 1974
are located at 49 CFR Part 10.
PART 1233--PROTESTS, DISPUTES, AND APPEALS
19. Section 1233.214 is amended by removing paragraph (d) and
redesignating paragraphs (b) and (c) as (c) and (d), revising the
introductory text of newly redesignated paragraph (c) and paragraph (d)
to read as follows:
1233.214 Alternative dispute resolution (ADR).
(c) The Administrative Dispute Resolution Act (ADRA), Pub. L. 101-
552, authorizes and encourages agencies to use mediation, conciliation,
arbitration, and other techniques for the prompt and informal
resolution of disputes, and for other purposes. The DOTBCA Alternate
Dispute Resolution (ADR) procedures are contained in 48 CFR chapter 63,
Section 6302.30, ADR Methods (Rule 30), and will be distributed to the
parties, if ADR procedures are used. These procedures may be obtained
from the DOTBCA upon request. ADR procedures may be used when:
* * * * *
(d) DOT's Dispute Resolution Specialist in accordance with the ADRA
is located in the DOT Office of the General Counsel, C-1. The Dispute
Resolution Specialist performs the functions set forth in the
Administrative Disputes Resolution Act for DOT operating
administrations on a non-reimbursable basis. The Dispute Resolution
Specialist may conduct any of the alternative means of dispute
resolution set forth in Title 5, U.S.C. Section 581(3), including
settlement negotiations under the auspices of a settlement judge,
conciliation, facilitation, mediation, fact finding, mini-trials, and
arbitration, or any combination of these methods.
PART 1237--SERVICE CONTRACTING
20. The heading of subpart 1237.1 is revised to read ``Service
Contracts--General'' (table of contents listing remains unchanged). New
subpart 1237.104, ``Personal Services Contracts'' and Sec. 1237.104-90,
``Delegation of Authority (USCG)'' are added to read as follows:
Subpart 1237.104--Personal Services Contracts
1237.104-90 Delegation of authority (USCG).
(a) Pub. L. 104-106, DOD Authorization Act of 1996, Section 733,
added Section 1091(A) to Title 10 of the United States Code, which
authorizes contracting authority for personal service contracts for
medical treatment facilities for the Coast Guard.
(b) The authority of the Secretary of Transportation under Pub. L.
104-106 to contract for personal service contracts for medical
treatment facilities for the Coast Guard is delegated to the HCA with
the authority to redelegate to contracting officers under procedures
established by the Head of Contracting Activity, who will address
applicable statutory limitations under Section 1091 of Title 10 U.S.C.
PART 1247--TRANSPORTATION
21. Section 1247.104-370 is amended by changing the reference to
section number ``1252.247-1'' to read ``1252.247-70''; by amending
1247.305-70 (a), (b), (c), (d), (e), and (f) by revising the references
to section numbers ``1252.247-2,'' ``1252.247-3,'' ``1252.247-4,''
``1252.247-5,'' ``1252.247-6,'' and ``1252.247-7,'' to read ``1252.247-
71,'' ``1252.247-72,'' ``1252-247-73,'' ``1252-247-74,'' ``1252-247-
75,'' and ``1252.247-76,'' respectively; and by amending 1247.305-71 by
revising the reference to section number ``1252.247-8'' to read
``1252.247-77''.
PART 1252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1252.210-70 and 1252.210-71 and 1252.247-1 through 1252.247-8
[Redesignated as 1252.211-70 and 1252.211-71 and 1252.247-70 through
1252.247-77]
22. Sections 1252.210-70 and 1252.210-71 and 1252.247-1 through
1252.247-8 are redesignated as follows:
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Old section New section
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1252.210-70............................... 1252.211-70
1252.210-71............................... 1252.211-71
1252.247-1................................ 1252.247-70
1252.247-2................................ 1252.247-71
1252.247-3................................ 1252.247-72
1252.247-4................................ 1252.247-73
1252.247-5................................ 1252.247-74
1252.247-6................................ 1252.247-75
1252.247-7................................ 1252.247-76
1252.247-8................................ 1252.247-77
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PART 1253--FORMS
In Appendix A to subpart 1253.3, the entries for 1252.210-70,
1252.210-71, 1252.247-1 through 1252.247-8 are removed and the
following new entries are added in numerical order.
BILLING CODE 4910-62-P
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[GRAPHIC] [TIFF OMITTED] TR25SE96.000
[FR Doc. 96-24302 Filed 9-24-96; 8:45 am]
BILLING CODE 4910-62-C
