Federal Register: October 13, 2009 (Volume 74, Number 196)
DOCID: fr13oc09-16 FR Doc E9-22206
DEPARTMENT OF COMMERCE
U.S. Immigration and Customs Enforcement
CFR Citation: 48 CFR Ch. 13
RIN ID: RIN 0605-AA26
NOTICE: Part II
DOCID: fr13oc09-16
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Commerce Acquisition Regulation (CAR): Plain Language Rewrite; Proposed Rule
DATES: Comments on the proposed rule should be submitted on or before December 14, 2009 to be considered in the formulation of the final rule.
DOCUMENT SUMMARY:
The Commerce Acquisition Regulation (CAR) was originally codified March 30, 1984, and amended by subsequent regulations published in the Federal Register. The Department of Commerce (DOC) proposes to update the entire CAR through FAC200521. This proposed rule will bring the CAR in alignment with the FAR through FAC 200521 and streamline DOC internal policy and guidance.
SUMMARY:
Commerce Department
SUPPLEMENTAL INFORMATION
Drafting Information
The Department of Commerce used the FAR version dated November 7, 2007, updated through FAC 200521 and located on the http:// farsite.hill.af.mil/ Web site as the reference FAR during development. Background
The CAR is the Department of Commerce acquisition regulation that implements or supplements the FAR.. The CAR was originally codified March 30, 1984 and last updated by Federal Register Notice on September 12, 1995. The update will bring the CAR in alignment with the FAR through FAC 200521 and streamline Department of Commerce policies and procedures.
The following is a discussion of common changes made throughout the
CAR. Various sections of the CAR have been renumbered and/or renamed to
align with the FAR. Significant information has been added to address
those instances where the FAR indicates that agency procedures are
required or instructs the agency to act in accordance with agency
procedures. Many references to chapters of the Department's internal
guidance document called Commerce Acquisition Manual, or CAM, have been
added to provide a relationship between the FAR, the CAR, and DOC
internal guidance. Information was also added to clarify roles and
responsibilities across the agency and within the Department of
Commerce's 5 Operating Units authorized to operate contracting offices
(National Institute of Standards and Technology (NIST), National
Oceanic and Atmospheric Administration (NOAA), Office of the Secretary,
U.S. Census Bureau, and Patent and Trademark Office (PTO)), usually in
the form of a reference to the CAM outlining delegations of authority.
In addition, numerous new clauses have been added that correspond to
new requirements added to the CAR. Finally, the authority citations for
the CAR have been revised to correspond to current authority. A summary of the changes by CAR Part follows.
Part 1301: Department of Commerce Acquisition Regulations System
We propose to renumber various sections of Part 1301 to align with
the FAR. We propose to add sections 1301.3 and 1301.4 to clarify the
location and format of agency policy and guidance, the role of bureaus
in issuing directives, and the designees authorized to approve
deviations. We propose to expand section 1301.6 to highlight
significant agency policy and guidance related to contracting
authority; ratification practices; and selection, appointment, and
termination of appointment of Contracting Officers. The first
references are made to internal guidance documents CAM 1301.70 and CAM 1301.6. We propose to add the following clauses:
1352.20170 Contracting Officer's Authority
1352.20171 Ratification Release
1352.20172 Contracting Officer's Representative (COR)
Part 1302: Definitions of Words and Terms
We propose to add Part 1302 in order to clarify significant and/or
frequently used terms and acronyms within the agency and foster common understanding and proper usage across the agency.
Part 1303: Improper Business Practices and Personal Conflicts of Interest
We propose to renumber and rename various sections of Part 1303 to align with the FAR. We propose to add multiple new sections to the Part in order to clarify roles and responsibilities, agency process, and legal requirements.
Part 1304: Administrative Matters
We propose to add Part 1304 in order to describe procedures related to accountable personal property and to provide a reference to CAM chapters describing Federal Procurement Data System reporting procedures and contract closeout, storage, handling, and disposal procedures.
Part 1305: Publicizing Contract Actions
We propose to add Part 1305 in order to clarify various roles and responsibilities related to publicizing contract actions.
Part 1306: Competition Requirements
We propose to add Part 1306 in order to clarify various roles and responsibilities related to competition, and to highlight internal processes and legal requirements involving sole source acquisitions. Part 1307: Acquisition Planning
We propose to add Part 1307 in order to clarify agency head responsibilities in relation to FAR 7.103, describe agency policy related to inherently governmental functions, and to provide a reference to internal Web sites and/or CAM chapters covering acquisition planning and competitive sourcing policy and procedures. Part 1308: Required Sources of Supplies and Services
We propose to add Part 1308 in order to clarify the designee
authorized as the Department's central printing authority. We propose to add the following clause related to the new provision:
1352.20870 Restrictions on Printing and Duplicating
Part 1309: Contractor Qualifications
We propose to redesignate current section 1309.10670 Preaward
surveys for ship construction, ship alteration, and ship repair to Part
1371 of the CAR, which addresses specialty procurements. We propose to
add multiple references to CAM 1301.70 that define responsibilities and
delegations of authority related to qualification requirements,
debarment, suspension and ineligibility, and organizational and
consultant conflicts of interest. We propose to remove 1309.4704, [[Page 52543]]
Procedures on Debarment and 1309.4707, Procedures on Suspension, and
update this information in redesignated Sections 1309.406, Debarment,
and 1309.407, Suspension. We propose to add Subpart 1309.5,
Organizational and Consultant Conflicts of Interest to address waivers,
procedures and the process for addressing organizational conflicts of
interest (OCI). We also propose to add the following provisions and clauses:
1352.20970 Potential Organizational Conflict of Interest
1352.20971 Limitation of Future Contracting
1352.20972 Restrictions Against Disclosure
1352.20973 Compliance with the Laws
1352.20974 Organizational Conflict of Interest
1352.20975 Title 13 and NonDisclosure Requirements
Part 1311: Describing Agency Needs
We propose to add Part 1311 in order to clarify roles and responsibilities related to market acceptance and liquidated damages. Part 1312: Acquisition of Commercial Items
We propose to add Part 1312 in order to define the individual with the authority to approve requests to tailor provisions, clauses or terms and conditions that are inconsistent with customary commercial practice.
Part 1313: Simplified Acquisition Procedures
We propose to update Part 1313 to align the CAR with the FAR and
current agency practices. Such updates include updating the title of
the part; adding references to the CAM chapters that define the
authority for delegating micropurchase authority and the training
required by DOC employees prior to being delegated micropurchase
authority; adding references to the CAM chapter covering departmental
procedures for the use and control of the Governmentwide commercial
purchase card; and outlining agency policy related to contractor
acceptance of purchase order modifications, purchases under BPAs, thirdparty drafts, and imprest funds.
The following clauses were added to this part:
1352.21370 Evaluation Utilizing Simplified Acquisition Procedures
1352.21371 Instructions for Submitting Quotations Under the Simplified Acquisition ThresholdNon Commercial
Part 1314: Sealed Bidding
We propose to add Part 1314 to define roles and responsibilities and legal requirements for rejection of bids, mistakes in bids, and information to bidders.
Part 1315: Contracting by Negotiation
We propose to revise Part 1315 to align with the FAR and current agency practices. Revisions include defining roles and responsibilities related to granting exceptions from the uniform contract format, waiving examination of records requirement, define responsibilities, permissions, and other requirements related to source selection; redesignating section 1315.5, originally amended Sept. 12, 1995, as subpart 1315.6 Unsolicited Proposals to describe procedures for unsolicited proposals, and deleting subpart 1315.504 Advance Guidance.
We also propose to add the following provisions and clauses: 1352.21570 Proposal Preparation
1352.21571 Instructions for Oral Presentations
1352.21572 Inquiries
1352.21573 Evaluation QuantitiesIndefinite Quantity Contract 1352.21574 Best Value Evaluation
1352.21575 Evaluation Criteria
1352.21576 Cost or Pricing Data
Part 1316: Types of Contracts
We propose to revise Part 1316 by redesignating section 1316.4042 as 1316.4052 and adding associated clause 1352.21672 Determination of Award Fee; define roles and responsibilities for use of economic price adjustment clause, use of fixedceilingprice contracts with retroactive price redetermination, designation of task order ombudsman, approval of timeandmaterials contracts, and approval of letter contracts; and addressing FAR requirements of agencies related to contract type.
We also propose to add the following provisions and clauses: 1352.21670 Estimated and Allowable Costs
1352.21671 Level of Effort (CostPlusFixed Fee, Term Contract) 1352.21672 Determination of Award Fee
1352.21673 Distribution of Award Fee
1352.21674 Task Orders
1352.21675 Minimum and Maximum Contract Amounts
1352.21676 Placement of Orders
1352.21677 Ceiling Price
Part 1317: Special Contracting Methods
We propose to revise Part 1317 to include references to CAM 1301.70 that define responsibilities and delegations of authority. We propose housing all specialty procurements in new Part 1370, Universal Solicitation Provisions and Contract Clauses. Subpart 1317.70, Contracts for Ship Construction, Ship Alteration, and Ship Repair has been redesignated as Part 1371, Acquisitions Involving Ship Construction and Ship Repair.
Part 1318: Emergency Acquisitions
We propose to add Part 1318 in order to clarify agency procedures and expectations related to emergency acquisitions. We propose to add references to CAM 1301.70 that define responsibilities and delegations of authority.
Part 1319: Small Business Programs
We propose to update Part 1319 to align with the FAR and current agency practices. Such updates include clarifying agency policy, procedures and expectations related to setting aside acquisitions for small businesses; providing the procedure for determining lack of competency; providing the procedure for reviewing subcontracting plans; and providing the procedure for contracting with the Small Business Administration 8(a) Program.
We also propose to add the following and clauses: 1352.21970 Section 8(a) Direct Award (Deviation)
1352.21971 Notification To Delay Performance (Deviation)
1352.21972 Notification of Competition Limited to Eligible 8(a) Concerns, Alternative III (Deviation)
Part 1322: Application of Labor Laws to Government Acquisitions
We propose to add Part 1322 in order to define roles and
responsibilities and approval chains for notification of potential
labor disputes, approval of requests for overtime, determination of
liquidated damages, modifications of wage determinations, processing
labor standards investigations, and requesting exemptions or waivers of
labor standards. We also set forth the proposing instructions detailing
when and from whom contracting officers should seek legal advice and
assistance for potential or actual labor disputes, and removal of items affected by work stoppage.
Part 1323: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and DrugFree Workplace
We propose to add Part 1323 in order to clarify roles and
responsibilities, and to reference the CAM chapters that describe the
agency's affirmative procurement program and the procedures for granting exceptions to
[[Page 52544]]
procurement of an Energy Star or Federal Energy Management Program
designated product or exceptions to Electronic Product Environmental
Assessment Tool requirements indicated under FAR Part 23.705(c).
Part 1324: Protection of Privacy and Freedom of Information
We propose to add Part 1324 in order to provide a crossreference to the CFR title describing the agency's implementation of the Freedom of Information Act.
Part 1325: Foreign Acquisition
We propose to add Part 1325 in order to define roles and responsibilities for various actions and to define procedures related to exceptions to the Buy American Act for supplies.
Part 1326: Other Socioeconomic Programs
We propose to add Part 1326 in order to define the designee authorized to determine that transitioning response, relief, and/or reconstruction activity to local firms is not feasible or practicable. Part 1327: Patents, Data, and Copyrights
We propose to add Part 1327 in order to define roles and
responsibilities for various actions and to permit contracting officers
to place limitations or restrictions on the contractor's exercise of
its rights in data first produced in the performance of a contract. We also propose to add the following clause:
1352.22770 Rights in Data, Assignment of Copyright
Part 1328: Bonds and Insurance
We propose to add Part 1328 in order to define multiple roles and
responsibilities related to various actions and to define the legal
entity from which to obtain opinion when determining acceptability of
individual surety. We also propose to add the following provisions and clauses:
1352.22870 Insurance Coverage
1352.22871 Deductibles Under Required Insurance CoverageCost Reimbursement
1352.22872 Deductibles Under Required Insurance CoverageFixed Price
1352.22873 Loss of or Damage to Leased Aircraft
1352.22874 Fair Market Value of Aircraft
1352.22875 Risk and Indemnities
1352.22876 Approval of Group Insurance Plans
Part 1329: Taxes
We propose to add Part 1329 in order to define the process for DOC and its contractors for purchases of spirits taxfree for nonbeverage Government use. We also propose to define the group to whom contracting officers should refer legal questions relating to tax issues. We also propose to identify responsibility for review of proposed designation of a contractor as an agent of the Government.
Part 1330: Cost Accounting Standards Administration
We propose to add Part 1330 in order to clarify roles and responsibilities related to Cost Accounting Standards program requirements.
Part 1331: Contract Cost Principles and Procedures
We propose to add Part 1331 in order to clarify roles and
responsibilities for approval of individual deviations concerning cost
principles, and waiver of cost allowability limitations. We also propose adding the following clauses:
1352.23170 Precontract Costs
1352.23171 Duplication of Effort
Part 1332: Contract Financing
We propose to revise Part 1332 to clarify roles and responsibilities across multiple actions. We propose to permit, under 1332.003, contract financing for purchases made under the authority of FAR Part 13. Under 1332.702, we propose to clarify the contract funding process and the individual who represents the responsible fiscal authority. We also propose to reference the various agency policies and procedures that need to be followed when using the Governmentwide commercial purchase card.
Part 1333: Protests, Disputes, and Appeals
We propose to revise all of Part 1333 to make the Part current to
agency policy and procedures. Revisions include defining roles and
responsibilities for protest decisions and determinations related to
disputes and appeals, and defining legal review and handoff procedures. We also propose to add the following clauses:
1352.23370 Agency Protests
1352.23371 GAO and Court of Federal Claims Protests
Part 1334: Major System Acquisition
We propose to add Part 1334 in order to identify the designated authority and procedures for acquiring major systems. We propose to clarify policy and dollar thresholds regarding the FAR regulation requiring Earned Value Management Systems.
Part 1335: Research and Development Contracting
We propose to add Part 1335 in order to define terms for research
and development contracting and identify procedures. We also propose to add the following provisions and clauses:
1352.23570 Protection of Human Subjects
1352.23571 Protection of Human SubjectsExemption
1352.23572 Protection of Human SubjectsInstitutional Approval 1352.23573 Research Involving Human SubjectsAfter Initial
Contract Award
Part 1336: Construction and ArchitectEngineer Contracts
We propose to define the acceptable composition of permanent and ad hoc architectengineer evaluation boards, the appropriate means for selecting firms for contracts not expected to exceed the simplified acquisition threshold, and the appropriate means for designating the selection authority.
We propose to define the designee authorized to make the determination described at FAR 36.6091(c).
Part 1337: Service Contracting
We propose to refer to the CAM chapter outlining agency procedures
for personnel security processing for contractors performing services
on or within a Department of Commerce facility or through and
information technology (IT) system. We propose to refer to the CAM
chapter that indicates the designee authorized to make the determinations described under FAR 37.204.
We propose to add the following clauses:
1352.23770 Security Processing RequirementsHigh or Moderate Risk Contracts
1352.23771 Security Processing RequirementsLow Risk Contracts
1352.23772 Security Processing RequirementsNational Security Contracts
1352.23773 Foreign National Visitor and Guest Access to
Departmental Resources
1352.23774 Progress Reports
1352.23775 Key Personnel
Part 1339: Acquisition of Information Technology
We propose to describe agency procedures and provision/clause
options for processing contractors that are competing for and winning
information technology service acquisitions over the micropurchase
threshold, and/or will require electronic access to Department of
Commerce information technology systems. We also propose to add the following provisions and clauses:
1352.23970 Software License Addendum
[[Page 52545]]
1352.23971 Electronic and Information Technology
1352.23972 Security Requirements for Information Technology Resources.
Part 1341: Acquisition of Utility Services
We propose to add Part 1341 to clarify the roles and responsibilities for entering into contracts with utility providers and making determinations related to contracts and agreements of utility services.
Part 1342: Contract Administration
We propose to revise Part 1342 to define roles and responsibilities
related to contract administration and certification of indirect cost rates. We propose to add the following provision:
1352.24270 Postaward Conference
Part 1344: Subcontracting Policies and Procedures
We propose to add Part 1334 to identify the designee authorized to lower or raise the $25 million sales threshold for performing a review to determine if a Contractors Purchasing Systems Review is needed. Part 1345: Government Property
We propose to add Part 1345 in order to address when government
property is to be furnished to the contractor. We propose to add the following clause:
1352.24570 Government Furnished Property
Part 1346: Quality Assurance
We propose requiring DOC operating units to develop instructions
and procedures related to material inspection and receiving reports. We
also propose to authorize contracting officers to approve the use of warranties. We propose adding the following clause:
1352.24670 Place of Acceptance
Part 1348: Value Engineering
We propose to add Part 1348 in order to clarify the policy for processing Value Engineering Change Proposals (VECPs). We also propose to define the roles and responsibilities related to VECP processing and to granting exemptions from the requirements of FAR Part 48 for a contract or class of contracts.
Part 1349: Termination of Contracts
We propose to revise Part 1349 to reflect current agency procedures for dealing with default terminations and terminations involving fraud or other criminal conduct.
Part 1350: Extraordinary Contractual Actions
We propose to add Part 50 in order to define roles and responsibilities for various actions.
Part 1352: Solicitation Provisions and Clauses
We propose to revise Part 1352 in order to reflect currently
approved provisions and clauses. The clauses we propose to add for each
CAR Part are identified in the discussion of each CAR Part summary. An
agencyspecific matrix, similar in format and intent to the FAR Part 52
matrix (See CAR Part 1352.3), is added to assist users identify the
location of the provision and clause for each prescription in the CAR.
The changes made to existing CAR provisions and clauses are summarized in the table below.
Existing CAR provision or clause number
and title Action taken
1352.21790, Inspection and Manner of Revised and moved to CAR Part Doing Work. 1371.
1352.21791, Delivery of Vessel to the Revised, renamed Delivery and
Contractor. Shifting of the Vessel, and
moved to CAR Part 1371.
1352.21792, Performance............... Revised and moved to CAR Part 1371.
1352.21793, Delays.................... Revised and moved to CAR Part 1371.
1352.21794, Minimization of Delay Due Revised and moved to CAR Part to Government Furnished Property. 1371.
1352.21795, Additional Provisions Removed.
Relating to Government Property.
1352.21796, Liability and Insurance... Revised and moved to CAR Part 1371.
1352.21797, Title..................... Revised and moved to CAR Part 1371.
1352.21798, Discharge of Liens........ Revised and moved to CAR Part 1371.
1352.21799, Department of Labor Revised and moved to CAR Part Occupational Safety and Health 1371.
Standards for Ship Repairing.
1352.217100, Regulations Governing Removed.
Asbestos Work.
1352.217101, Complete and Final Removed.
Equitable Adjustments.
1352.217102, Government Review, Revised and moved to CAR Part Comment, Acceptance, and Approval. 1371.
1352.217103, Access to the Vessel(s).. Revised and moved to CAR Part 1371.
1352.217104, Documentation of Requests Revised and moved to CAR Part for Equitable Adjustment. 1371.
1352.217105, Change Proposals......... Removed.
1352.217106, Lay Days................. Revised and moved to CAR Part 1371.
1352.217107, ChangesShip Repair..... Revised and moved to CAR Part 1371.
1352.217108, DefaultShip Repair..... Removed.
1352.217109, Insurance Requirements... Revised and moved to CAR Part 1371.
1352.217110, Guarantees............... Revised and moved to CAR Part 1371.
1352.217111, Temporary Services....... Revised and moved to CAR Part 1371.
1352.217112, SelfInsurance Removed.
Information.
1352.233.2, Service of Protest......... Revised and renumbered 1352.233 70.
Part 1353: Forms
We propose to revise Part 1353 in order to align the part with current agency procedures and acquisitionrelated forms.
Part 1370: Universal Solicitation Provisions and Contract Clauses
We propose to add Part 1370 in order to group the provisions and
contract clauses that have prescriptions applicable to more than one
FAR Part. We propose to insert the following provisions and clauses: 1352.27070 Period of Performance
1352.27071 PreBid/PreProposal Conference and Site Visit
Part 1371: Acquisitions Involving Ship Construction and Ship Repair
We propose to add Part 1371 in order to group the unique provisions and contract clauses that pertain to ship
[[Page 52546]]
construction and ship repair. We propose to insert the following provisions and clauses:
1352.27170 Inspection and Manner of Doing Work
1352.27171 Method of Payment and Invoicing Instructions for Ship Repair
1352.27172 Additional Item Requirements (AIR)Growth Work
1352.27173 Schedule of Work
1352.27174 Foreseeable Cost Factors Pertaining to Different Shipyard Locations
1352.27175 Delivery and Shifting of the Vessel
1352.27176 Performance
1352.27177 Delays
1352.27178 Minimization of Delay Due to Government Furnished Property
1352.27179 Liability and Insurance
1352.27180 Title
1352.27181 Discharge of Liens
1352.27182 Department of Labor Occupational Safety and Health Standards for Ship Repair
1352.27183 Government Review, Comment, Acceptance and Approval 1352.27184 Access to the Vessel
1352.27185 Documentation of Requests for Equitable Adjustment 1352.27186 Lay Days
1352.27187 ChangesShip Repair
1352.27188 Guarantees
1352.27189 Temporary Services
1352.27190 Insurance Requirements
Classification
This proposed rule has been determined to be not significant for purposes of Executive Order 12866, Regulatory Planning and Review.
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions), unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The Regulatory Flexibility Act requires Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities.
Pursuant to the Regulatory Flexibility Act, the Chief Counsel for Regulation certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule will not have a significant economic impact on a substantial number of small entities. The rule would update the Commerce Acquisition Regulations; it does not directly regulate any small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared.
This rule does not impose any new information collections subject
to review and approval by OMB under the Paperwork Reduction Act.
Notwithstanding any other provision of the law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of PRA, unless that collection of information displays a currently valid OMB control number.
List of Subjects
48 CFR Part 1301
Acquisition regulations, Federal acquisition regulations,
Government procurement, Government contracts, Procurement, Reporting and recordkeeping requirements.
48 CFR Part 1302
Definitions, Government procurement, Terms.
48 CFR Part 1303
Antitrust, Conflict of interests, Ethical conduct, Government procurement, Reporting and recordkeeping requirements.
48 CFR Part 1304
Classified information, Computer technology, Government procurement, Reporting and recordkeeping requirements.
48 CFR Part 1305
Government procurement, Reporting and recordkeeping requirements. 48 CFR Part 1306
Government procurement, Justifications, Sole source acquisitions. 48 CFR Part 1307
Acquisition planning, Government procurement, Inherently
governmental functions, Reporting and recordkeeping requirement. 48 CFR Part 1308
Government procurement, Printing.
48 CFR Part 1309
Debarment, Government procurement, Suspension, Reporting and recordkeeping requirement.
48 CFR Part 1311
Government procurement, Liquidated damages, Market acceptance. 48 CFR Part 1312
Government procurement, Tailoring clauses, Tailoring provisions, Tailoring terms and conditions.
48 CFR Part 1313
BPA, Blanket purchase agreement, Government procurement, Imprest funds, Micropurchase authority, Purchase order modifications, Small business, Thirdparty drafts, Training.
48 CFR Part 1314
Equipment inspection, Government procurement, Prebid conference, Preproposal conference, Reporting and recordkeeping requirements, Site visit.
48 CFR Part 1315
Evaluation, Indefinite quantity, Inquiries, Government procurement,
Oral presentations, Proposal preparation, Reporting and recordkeeping
requirements, Shouldcost review, Source selection, Unsolicited proposals.
48 CFR Part 1316
Government procurement, Ombudsman.
48 CFR Part 1317
Multiyear contract, Congressional notification, Interagency agreement.
48 CFR Part 1318
Emergency procurement, Reporting and recordkeeping requirements, Contingency operation, Warrants.
48 CFR Part 1319
Partnership agreement, Set aside, Small business, SBA. 48 CFR Part 1322
Aged, Child labor, Civil rights, Equal employment opportunity, Government procurement, Individuals with disabilities, Labor, Labor disputes, Prisoners, Reporting and recordkeeping requirements, Veterans, Wages, Work stoppages.
48 CFR Part 1323
Affirmative procurement program, Air pollution control, Drug abuse, Drugfree workplace, Energy conservation, Environmental, Government procurement, Hazardous substances, Recycling, Renewable energy, Water pollution control.
48 CFR Part 1324
Freedom of Information, Government procurement, privacy. 48 CFR Part 1325
Buy American Act, Customs duties and inspection, Foreign currencies, Foreign trade, Government procurement.
48 CFR Part 1326
Disaster assistance, Government procurement.
[[Page 52547]]
48 CFR Part 1327
Copyright, Government procurement, Inventions and patents, Reporting and recordkeeping requirements.
48 CFR Part 1328
Government procurement, Insurance, Reporting and recordkeeping requirements, Surety bonds.
48 CFR Part 1329
Government procurement, Reporting and recordkeeping requirements, Taxes, Tax exemptions.
48 CFR Part 1330
Accounting, Government procurement, Reporting and recordkeeping requirements.
48 CFR Part 1331
Accounting, Government procurement, Reporting and recordkeeping requirements.
48 CFR Part 1332
Electronic funds transfer, Government procurement, Reporting and recordkeeping requirements.
48 CFR Part 1333
Administrative practice and procedure, Claims, Government procurement.
48 CFR Part 1334
Earned value management, EVM, EVMS, Major system acquisition. 48 CFR Part 1335
FFRDC, Human subject.
48 CFR Part 1336
Evaluation boards, Government procurement, Reporting and recordkeeping requirements, Selection.
48 CFR Part 1337
Contractor processing, Government Procurement, Information Technology, Security, Service contracting, Standards.
48 CFR Part 1339
Contractor processing, Government procurement, Information Technology, Security, Service contracting.
48 CFR Part 1341
Government procurement, Reporting and recordkeeping requirements, Utilities.
48 CFR Part 1342
Accounting, Government procurement, Indirect cost rates, Postaward conference, Reporting and recordkeeping requirements.
48 CFR Part 1344
Government procurement, Reporting and recordkeeping requirements. 48 CFR Part 1345
Government procurement, Government property, Reporting and recordkeeping requirements.
48 CFR Part 1346
Government procurement, Inspection, Reporting and recordkeeping requirements, Warranties.
48 CFR Part 1347
Freight, Government procurement, Marking, Reporting and recordkeeping requirements, Transportation.
48 CFR Part 1348
Government procurement, Reporting and recordkeeping requirements, Value Engineering Change Proposals (VECP).
48 CFR Part 1349
Criminal conduct, Default, Fraud, Government procurement, Reporting and recordkeeping requirements.
48 CFR Part 1350
Government procurement, Hazardous risk, National defense, Nuclear risk, Reporting and recordkeeping requirements.
48 CFR Part 1352
Government procurement, Matrix, Reporting and recordkeeping requirements.
48 CFR Part 1353
Government procurement, Reporting and recordkeeping requirements. 48 CFR Part 1370
Period of performance, Prebid conference, Preproposal conference, Site visit.
48 CFR Part 1371
Inspection, Guarantees, Liability, Liens, Ship construction, Ship repair, Vessel, Insurance.
Dated: September 4, 2009.
John F. Charles,
Deputy Assistant Secretary for Administration.
For the reasons stated in the preamble, the Department of Commerce proposes to revise 48 CFR Chapter 13 to read as follows:
CHAPTER 13DEPARTMENT OF COMMERCE
SUBCHAPTER AGENERAL
Part
1301 Department of Commerce Acquisition Regulations System. 1302 Definitions of words and terms.
1303 Improper business practices and personal conflicts of interest. 1304 Administration matters.
SUBCHAPTER BCOMPETITION AND ACQUISITION PLANNING
1305 Publicizing contact actions.
1306 Competition requirements.
1307 Acquisition planning.
1308 Required sources of supplies and services.
1309 Contractor qualifications.
1311 Describing agency needs.
1312 Acquisition of commercial items.
SUBCHAPTER CCONTRACTING METHODS AND CONTRACT TYPES
1313 Simplified acquisition procedures.
1314 Sealed bidding.
1315 Contracting by negotiation.
1316 Types of contracts.
1317 Special contracting methods.
1318 Emergency acquisitions.
SUBCHAPTER DSOCIOECONOMIC PROGRAMS
1319 Small business programs.
1322 Application of labor laws to government acquisitions.
1323 Environment, energy and water efficiency, renewable energy technologies, occupational safety, and drugfree workplace.
1324 Protection of privacy and freedom of information.
1325 Foreign acquisition.
1326 Other socioeconomic programs.
SUBCHAPTER EGENERAL CONTRACTING REQUIREMENTS
1327 Patents, data, and copyrights.
1328 Bonds and insurance.
1329 Taxes.
1330 Cost accounting standards administration.
1331 Contract cost principles and procedures.
1332 Contract financing.
1333 Protests, disputes, and appeals.
SUBCHAPTER FSPECIAL CATEGORIES OF CONTRACTING
1334 Major system acquisition.
1335 Research and development contracting.
1336 Construction and architectengineer contracts.
1337 Service contracting.
1339 Acquisition of information technology.
1341 Acquisition of utility services.
SUBCHAPTER GCONTRACT MANAGEMENT
1342 Contract administration.
1344 Subcontracting policies and procedures.
1345 Government property.
1346 Quality assurance.
1348 Value engineering.
1349 Termination of contracts.
1350 Extraordinary contractual actions.
SUBCHAPTER HCLAUSES AND FORMS
1352 Solicitation provisions and contract clauses.
1353 Forms.
[[Page 52548]]
SUBCHAPTER IDEPARTMENT SUPPLEMENTAL REGULATIONS
1370 Universal solicitation provisions and contract clauses.
1371 Acquisitions involving ship construction and ship repair. Subchapter AGeneral
PART 1301DEPARTMENT OF COMMERCE ACQUISITION REGULATIONS SYSTEM Sec.
1301.000 Scope of part.
Subpart 1301.1Purpose, Authority, Issuance
1301.101 Purpose.
1301.103 Authority.
1301.104 Applicability.
1301.105 Issuance.
1301.1051 Publication and code arrangement.
1301.1052 Arrangement of regulations.
1301.1053 Copies.
Subpart 1301.3Agency Acquisition Regulations
1301.301 Policy.
1301.303 Publication and codification.
1301.304 Agency control and compliance procedures.
Subpart 1301.4Deviations From the FAR
1301.403 Individual deviations.
1301.404 Class deviations.
Subpart 1301.6Career Development, Contracting Authority, and Responsibilities
1301.601 General.
1301.602 Contracting officers.
1301.6021 Authority.
1301.602170 Provisions and clauses.
1301.6023 Ratification of unauthorized commitments.
1301.602370 Ratification approval by Procurement Counsel.
1301.603 Selection, appointment, and termination of appointment. 1301.6031 General.
1301.6032 Selection.
1301.6033 Appointment.
1301.6034 Termination.
1301.670 Appointment of contracting officer's representative (COR). 1301.67070 Provisions and clauses.
1301.671 Assignment of program and project managers.
Subpart 1301.7Determinations and Findings
1301.707 Signatory authority.
Authority: 41 U.S.C. 414; 48 CFR 1.3011.304.
1301.000 Scope of part.
This part sets out general Department of Commerce Acquisition
Regulation (CAR) policies, including information regarding the
maintenance and administration of the CAR, acquisition policies and
practices, and procedures for deviation from the CAR and the Federal
Acquisition Regulation (FAR) This part describes the Commerce
Acquisition Regulation in terms of establishment, relationship to the
Federal Acquisition Regulation, arrangement, applicability, and deviation procedures.
Subpart 1301.1Purpose, Authority, Issuance
1301.101 Purpose.
The CAR establishes uniform acquisition policies and procedures that implement and supplement the FAR. If there is a discrepancy between the CAR and FAR, the FAR will take precedence.
1301.103 Authority.
The CAR is issued under the authority of section 22 of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 418b), and FAR Subpart 1.3 by the Department Procurement Executive pursuant to a delegation initiating from the Secretary of Commerce.
1301.104 Applicability.
The CAR applies to all Department of Commerce (DOC) acquisitions as
defined in Part 2 of the FAR, except where expressly excluded. 1301.105 Issuance.
1301.1051 Publication and Code Arrangement.
(a) The CAR is published in the Federal Register, in cumulative
form in the Code of Federal Regulations (CFR), and is available online
at the U.S. Department of Commerce, Office of Acquisition Management Web site.
(b) The CAR is issued as Chapter 13 of Title 48 of the CFR. 1301.1052 Arrangement of regulations.
(a) General. The CAR is divided into the same parts, subparts, sections, and subsections as the FAR.
(b) Numbering. If the DOC does not have supplemental regulations
there will be no corresponding coverage in the CAR, and there will be gaps in the CAR numbering system.
1301.1053 Copies.
(a) Copies of the CAR in Federal Register or CFR form may be
purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.
(b) The CAR is available online at the U.S. Department of Commerce, Office of Acquisition Management Web site.
Subpart 1301.3Agency Acquisition Regulations
1301.301 Policy.
(a) The designee authorized to prescribe the CAR is set forth in the Commerce Acquisition Manual (CAM) 1301.70.
(b) The DOC internal operating guidance and procedures are
contained in the CAM and other policy guidance documents issued by the
Procurement Executive relating to acquisitions. The DOC Contracting Offices may issue additional guidance and procedures.
1301.303 Publication and codification.
(a) The CAR parallels the FAR in format, arrangement and numbering
system. Coverage within the CAR is identified by the prefix ``13'' or
``130'' followed by the complete FAR citation to the subsection level (e.g., CAR coverage of FAR 1.6021 is cited as 1301.6021).
(b) Supplementary material without a FAR counterpart will be
codified using 70 and up as appropriate for the part, subpart, section,
or subsection number (e.g., Part 1370, subpart 1301.70, section 1301.370 or subsection 1301.30170).
1301.304 Agency control and compliance procedures.
Operating unit counsel shall limit issuance of directives that restrain the flexibilities found in the FAR.
Subpart 1301.4Deviations From the FAR
1301.403 Individual deviations.
The designee authorized to approve individual deviations from the FAR is set forth in CAM 1301.70.
1301.404 Class deviations.
The designee authorized to approve class deviations from the FAR is set forth in CAM 1301.70.
Subpart 1301.6Career Development, Contracting Authority, and Responsibilities
1301.601 General.
The agency head for procurement matters is the Chief Financial
Officer/Assistant Secretary for Administration (CFO/ASA), unless
prohibited by statute. The authority for agency head for procurement
matters is delegated to the Procurement Executive as the authority to
establish lines of contracting authority within DOC and to implement
policies and procedures related to the acquisition process. Specific contracting authorities are set forth in CAM 1301.70.
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1301.602 Contracting officers.
1301.6021 Authority.
In accordance with CAM 1301.70, only individuals who have been certified as contracting officers through issuance of a Certificate of Appointment by the Senior Bureau Procurement Official may exercise the authority of DOC contracting officers. In addition to the authority to enter into, administer, and terminate contracts, contracting officers have been delegated certain functions as set out in Appendix A to CAM 1301.70.
1301.602170 Provisions and clauses.
Insert clause 1352.20170, Contracting Officer's Authority, in all solicitations and contracts.
1301.6023 Ratification of unauthorized commitments.
(a) Insert clause 1352.20171, Ratification Release, in a contract
document under which payment is made for unauthorized commitments after a ratification has been processed.
(b)(1) Unauthorized commitments occur when the Department accepts
goods or services in the absence of an enforceable contract entered
into by an authorized official. It is the policy of DOC that all
acquisitions are to be made only by Government officials having
authority to make such acquisitions. Acquisitions made by other than
authorized personnel are contrary to Departmental policy and the
Department is not bound by any formal or informal type of agreement or
contractual commitment which is made by persons who are not delegated
contracting authority. Payment for goods or services accepted in the
absence of an authorized commitment may be made only through the
ratification process. Unauthorized commitments may be considered
matters of serious misconduct and may subject the responsible employees to appropriate disciplinary actions.
(2) The delegation of the ratification authority is set forth in
CAM 1301.70. All requests for ratification must fully explain the
circumstances that gave rise to the unauthorized commitment and detail,
if appropriate, any disciplinary action taken with respect to any
responsible employee. Ratifications may be approved only if all criteria in FAR 1.6023 have been met.
1301602370 Ratification approval by Procurement Counsel.
Ratifications may not be approved unless the concurrence of Procurement Counsel is obtained.
1301.603 Selection, appointment, and termination of appointment. 1301.6031 General.
The Department's procurement career management program and system for the selection, appointment, and termination of appointment of contracting officers are described in CAM 1301.6.
1301.6032 Selection.
In addition to the criteria set forth in FAR 1.6032, selection of contracting officers shall be based upon Section 4 of CAM 1301.6. 1301.6033 Appointment.
In addition to the criteria set forth in FAR 1.6033, appointment of contracting officers shall be based upon Section 4 of CAM 1301.6. 1301.6034 Termination.
In addition to the criteria set forth in FAR 1.6034, termination of contracting officers shall be based upon Section 4 of CAM 1301.6. 1301.670 Appointment of contracting officer's representative (COR).
The Department's Contracting Officer's Representative certification program for the nomination, appointment and cancellation of CORs is described in CAM 1301.670.
1301.67070 Provisions and clauses.
Insert clause 1352.20172, Contracting Officer's Representative (COR), in all solicitations and contracts where a COR will be appointed.
1301.671 Assignment of program and project managers.
The Department's Program and Project Manager certification program
for the assignment and certification of Program and Project Managers is described in CAM 1301.671.
Subpart 1301.7Determinations and Findings
1301.707 Signatory authority.
Signatory authority for determinations and findings (D&Fs) is
specified in the FAR for the associated subject matter unless otherwise noted in CAM 1301.70.
PART 1302DEFINTIONS OF WORDS AND TERMS
Subpart 1302.1Definitions
Sec.
1302.101 Definitions.
1302.170 Abbreviations.
Authority: 41 U.S.C. 414; 48 CFR 1.3011.304.
Subpart 1302.1Definitions
1302.101 Definitions.
Accountable Personal Property means all personal property for which responsibility for control is formally assigned to an individual, and official property records are maintained as set forth in DOC PPMM Chapter 4.
Agency Head (or Head of Agency) (HA) means the Secretary of Commerce, except, pursuant to Department Organization Order (DOO) 105, Chief Financial Officer and Assistant Secretary for Administration, the head of the agency for procurement matters shall be the Chief Financial Officer and Assistant Secretary for Administration (CFO/ASA), unless a statute provides that the authority of the Secretary is nondelegable.
Chief Acquisition Officer (CAO) means the Department's executive level noncareer employee designated pursuant to the Services Acquisition Reform Act to advise and assist the head of the agency and other agency officials to ensure the mission of the agency is achieved through the management of the agency's acquisition activities. The CFO/ ASA has been designated by the Head of the Agency as the Chief Acquisition Officer for the Department of Commerce.
Civilian Agency Acquisition Council (CAAC) means the council that assists the Administrator of General Services in developing and maintaining the Federal Acquisition Regulation (FAR) System by developing or reviewing all proposed changes to the FAR. The Council is comprised of a representative designated by each of several Federal departments and agencies, including the DOC. The CAAC coordinates its activities with the Defense Acquisition Regulations Council (DARC). The CAAC is authorized under 48 CFR 1.2.
Commerce Acquisition Manual (CAM) means nonregulatory uniform policies and procedures for internal operations associated with acquiring supplies and services within the Department that implements and supplements the FAR and CAR.
Commerce Acquisition Regulation (CAR) means uniform acquisition policies and procedures, which implement and supplement the FAR.
Contracting Activity means the operating units identified under the definition of ``Operating Units'' below. Contracting activities may or may not have authority to operate contracting offices (see definition for Contracting Office).
Contracting Office means an office that awards or executes contracts for supplies or services and performs post
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award functions. The operating units authorized to operate contracting offices are identified in DAO 2082.
Contracting Officer means an individual designated authority by the Senior Bureau Procurement Official (BPO) to enter into, administer, and/or terminate contracts and make related determinations and findings. Only those individuals who have been certified as contracting officers, through the issuance of a Certificate of Appointment (Contracting Officer Warrant (SF 1402)), by the BPO in accordance with the requirements and procedures of the CAR and the CAM may exercise the authorities of contracting officers. However, by virtue of their positions, the Head of the Agency, the Procurement Executive, and the Heads of Operating Units are also designated as contracting officers.
Department or Departmental or DOC means the Department of Commerce.
Head of Agency (HA)see definition for ``Agency Head.''
Head of Contracting Office (HCO) means those individuals designated by the BPO to head the contracting offices within each operating unit that has designated contracting authority to award and administer contracts. In performing their duties, HCOs are empowered to the full limits of the Department's contracting authority. The HCO must be a procurement professional in the GS1102 occupational series (or equivalent OPM occupational designation). BPOs will issue each HCO a Contracting Officer Warrant that delegates the authority to enter into, administer, and/or terminate contracts and to make related determinations and findings.
Head of the Contracting Activity (HCA) means, for purposes of delegation of contracting authority, officials who are designated as Heads of Operating Units (those who are assigned by the President or by the Secretary to manage the primary or constituent operating units of the DOC) in orders establishing the respective operating units, with the exception of the Office of the Secretary. Such officials are designated as the HCA for procurements initiated in support of the procurement activities of that operating unit. The Chief Financial Officer and Assistant Secretary for Administration has been designated as the HCA for procurements initiated in support of the programs and activities of the Office of the Secretary and all other Secretarial Offices and Departmental Offices.
Office of Small and Disadvantaged Business Utilization (OSDBU), The means the advocacy and advisory office responsible for promoting the use of small, small disadvantaged, 8(a), womenowned, veteranowned, servicedisabled veteranowned, and HUBZone small businesses within the Department acquisition process.
Office of the Assistant General Counsel for Administration, Employment & Labor Law Division means the Department Legal Office that provides advice and guidance to management regarding employment and labor law issues, including the legal standards for taking adverse and performancebased actions.
Office of the Assistant General Counsel for Administration, Ethics Law and Program Division means the Department Legal Office that provides advice and guidance regarding conflict of interest statutes, ethics regulations, and related laws.
Operating Units are organizational entities outside the Office of the Secretary charged with carrying out specified substantive functions (i.e., programs) of the Department and are identified in DAO 2082.
Procurement Counsel means, except for the Patent and Trademark Office (PTO), the Office of the Assistant General Counsel for Finance & Litigation, Contract Law Division, the office responsible for providing legal review of applicable contract actions and procurement legal advice to all operating units, and handling procurementrelated litigation. ``Procurement Counsel'' for all PTO procurementrelated actions means Office of General Law.
Procurement Executive (or Senior Procurement Executive (PE)) means
the official appointed pursuant to Executive Order 12931 and the Services Acquisition Reform Act of 2003 to carry out the
responsibilities identified in both the Executive Order and the Act.
The Director for Acquisition Management is the Procurement Executive for the Department of Commerce.
Senior Bureau Procurement Official (BPO) means the senior career
procurement official, within each operating unit that has been
delegated contracting authority, who is designated as the Senior Bureau
Procurement Official. The BPO must be a procurement professional who
has both experience and training in the area of Federal procurement and
contracting. HCAs may designate one BPO within their organization to
carry out the daytoday functions of managing the contracting
activity. BPOs may also serve as the Head of Contracting Office. The
Procurement Executive will issue each BPO a Contracting Officer Warrant
which delegates the authority to enter into, administer, and/or
terminate contracts and to make related determinations and findings. 1302.170 Abbreviations.
AIR Additional Item Requirements
BPO Senior Bureau Procurement Official
CAAC Civilian Agency Acquisition Council
CAM Commerce Acquisition Manual
CAO Chief Acquisition Officer
CAR Commerce Acquisition Regulation
CFO/ASA Chief Financial Officer/Assistant Secretary for Administration CFR Code of Federal Regulations
CO Contracting Officer
COR Contracting Officer's Representative
DAO Departmental Administrative Order
DOC Department of Commerce
DOO Departmental Organizational Order
D&F Determination and Findings
EVMS Earned Value Management System
FAR Federal Acquisition Regulation
HCA Head of Contracting Activity
HCO Head of Contracting Office
IRB Institutional Review Board
JOFOC Justification for Other than Full and Open Competition NIST National Institute of Standards and Technology
NOAA National Oceanic and Atmospheric Administration
OCI Organizational Conflict of Interest
OCIO Office of the Chief Information Officer
OFPP Office of Federal Procurement Policy
OIG Office of Inspector General
OMB Office of Management and Budget
OS Office of the Secretary
OSDBU Office of Small and Disadvantaged Business Utilization PE Procurement Executive
PTO Patent and Trademark Office
RFP Request for Proposals
SBA Small Business Administration
OU Operating Unit
PART 1303IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
Subpart 1303.1Safeguards
Sec.
1303.101 Standards of conduct.
1303.1012 Solicitation and acceptance of gratuities by government personnel.
1303.1013 Agency regulations.
1303.104 Procurement integrity.
1303.1044 Disclosure, protection and marking of contractor bid or proposal information and source selection information.
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1303.1047 Violations or possible violations.
Subpart 1303.2Contractor Gratuities to Government Personnel
1303.203 Reporting suspected violations of the gratuities clause. 1303.204 Treatment of violations.
Subpart 1303.3Reports of Suspected Antitrust Violations.
1303.303 Reporting suspected antitrust violations.
Subpart 1303.4Contingent Fees.
1303.405 Misrepresentations or violations of the covenant against contingent fees.
Subpart 1303.5Other Improper Business Practices.
1303.502 Subcontractor kickbacks.
1303.5022 Subcontractor kickbacks.
Subpart 1303.6Contracts With Government Employees or Organizations Owned or Controlled by Them.
1303.602 Exceptions.
Subpart 1303.7Voiding and Rescinding Contracts.
1303.704 Policy.
1303.705 Procedures.
Subpart 1303.8Limitation on the Payment of Funds To Influence Federal Transactions.
1303.804 Policy.
1303.806 Processing suspected violations.
Subpart 1303.9Whistleblower Protections for Contractor Employees. 1303.905 Procedures for investigating complaints.
1303.906 Remedies.
Authority: 41 U.S.C. 414; 48 CFR 1.3011.304.
Subpart 1303.1Safeguards
1303.101 Standards of conduct.
1303.1012 Solicitation and acceptance of gratuities by government personnel.
(a) Suspected violations of the prohibition on soliciting and
accepting gratuities shall be reported to the Office of the Inspector General in accordance with DAO 20710, Inspector General
Investigations.
(b) To obtain legal advice regarding the solicitation and
acceptance of gratuities, contact the Office of the Assistant General
Counsel for Administration, Ethics Law and Program Division. 1303.1013 Agency regulations.
The Department has issued rules implementing Executive Order 11222
prescribing employee standards of conduct (see DOC Office of General Counsel Web site).
1303.104 Procurement integrity.
1303.1044 Disclosure, protection and marking of contractor bid or proposal information and source selection information.
Contractor bid or proposal information and source selection information must be protected from unauthorized disclosure in accordance with FAR Parts 3, 14 and 15, and CAM 1315.3.
1303.1047 Violations or possible violations.
Suspected violations of the Procurement Integrity Act shall be reported to the individuals designated in CAM 1301.70.
Subpart 1303.2Contractor Gratuities to Government Personnel
1303.203 Reporting suspected violations of the gratuities clause.
Suspected violations of the Gratuities clause shall be reported to
the HCA in writing detailing the circumstances. The report must
identify the contractor and personnel involved, provide a summary of
the pertinent evidence and circumstances that indicate a violation, and
include any other available supporting documentation. The HCA will
evaluate the report, and, if the allegations appear to support a
violation, the matter will be referred to the Head of Contracting
Office with copies provided to the Senior Procurement Executive and the
DOC Office of Inspector General. See DAO 20710 for procedures. 1303.204 Treatment of violations.
(a) The designee authorized to determine violations of the Gratuities clause is set forth in CAM 1301.70.
(b) Upon receipt of an allegation or evidence of a violation of the
Gratuities clause, the designee shall conduct a factfinding. If there
is a basis for further action, a signed notice shall be prepared and
sent to the contractor by certified mail, return receipt requested, or
any other method that provides signed evidence of receipt. If a reply
is not received from the contractor within 45 calendar days of sending
the notice, a decision shall be made on the appropriate action to be
taken. If a reply is received from the contractor within 45 calendar
days of sending the notice, the information in the reply must be
considered before making a decision on the appropriate action to be
taken. Upon request of the contractor, the contractor shall be provided
an opportunity to appear in person to present information concerning
the matter. A report shall be prepared following the presentation and
the information must be considered when making a decision. A decision
shall be made on the basis of all information available, including
findings of fact and oral or written information submitted by the
contractor. All mitigating factors shall be considered prior to making a final decision concerning what action will be taken.
Subpart 1303.3Reports of Suspected Antitrust Violations
1303.303 Reporting suspected antitrust violations.
Suspected anticompetitive practices and antitrust law violations,
as described in FAR 3.301 and FAR 3.303, shall be reported to the
Contract Law Division, by the HCO. A copy of the report shall be sent
to the Procurement Executive concurrently with the submission to the
Office of the Assistant General Counsel for Administration, Ethics Law
and Program Division. The Office of the Assistant General Counsel will submit any required reports to the Attorney General.
Subpart 1303.4Contingent Fees
1303.405 Misrepresentations or violations of the covenant against contingent fees.
If the contracting officer has specific evidence or other
reasonable basis to believe that a violation of the Covenant Against
Contingent Fees has occurred, the matter shall be referred to the HCO,
who shall, in appropriate circumstances, take one or more of the
actions described in FAR 3.405(b). The HCO shall also refer the matter
to the DOC Office of the Inspector General as well as the Office of the
Assistant General Counsel for Administration, Ethics Law and Program Division. The Office of the Assistant General Counsel for
Administration, Ethics Law and Program Division shall refer the matter to the Department of Justice, as appropriate.
Subpart 1303.5Other Improper Business Practices
1303.502 Subcontractor kickbacks.
1303.5022 Subcontractor kickbacks.
Suspected violations of the AntiKickback Act of 1986 shall be reported to the DOC Office of Inspector General.
[[Page 52552]]
Subpart 1303.6Contracts with Government Employees or
Organizations Owned or Controlled by Them
1303.602 Exceptions.
The designee authorized to make an exception to the policy in FAR 3.601 is set forth in CAM 1301.70.
Subpart 1303.7Voiding and Rescinding Contracts
1303.704 Policy.
The designee authorized to declare void and rescind contracts, in cases in which there has been a final conviction for any violation of 18 U.S.C. 201224, is set forth in CAM 1301.70.
1303.705 Procedures.
The designee authorized to declare a contract void and rescinded is
set forth in CAM 1301.70. The DOC will follow the procedures set forth in FAR 3.705.
Subpart 1303.8Limitation on the Payment of Funds To Influence Federal Transactions
1303.804 Policy.
The original OMB Form LLL, Disclosure of Lobbying Activities, shall be retained in the contract file and a copy shall be submitted to the Office of the Assistant General Counsel for Administration, Ethics Law and Program Division.
1303.806 Processing suspected violations.
Suspected violations of 31 U.S.C. 1352 shall be referred to the DOC Office of Inspector General and the Senior Procurement Executive. Subpart 1303.9Whistleblower Protections for Contractor Employees 1303.905 Procedures for investigating complaints.
The designee authorized to take specified actions related to Inspector General findings regarding whistleblower complaints of contractor employees is set forth in CAM 1301.70.
1303.906 Remedies.
The designee authorized to determine whether a contractor has
subjected an employee to reprisal and to determine the appropriate remedy is set forth in CAM 1301.70.
PART 1304ADMINISTRATIVE MATTERS
Subpart 1304.2Contract Distribution
Sec.
1304.201 Procedures.
1304.20170 Accountable personal property.
Subpart 1304.6Contract Reporting
1304.602 General.
1304.60270 Federal Procurement Data System.
Subpart 1304.8Government Contract Files
1304.804 Closeout of contract files.
1304.80470 Contract closeout procedures.
1304.805 Storage, handling, and disposal of contract files.
1304.80570 Storage, handling, and disposal of contract files. Subpart 1304.13Personal Identity Verification
1304.1301 Policy.
Authority: 41 U.S.C. 414; 48 CFR 1.3011.304.
Subpart 1304.2Contract Distribution
1301.201 Procedures.
1304.20170 Accountable personal property.
Provide one copy of all contracts and purchase orders for
accountable personal property to the appropriate Departmental property
management office(s) for inclusion in the Department's personal
property system in accordance with the DOC Personal Property Management
Manual. Accountable personal property purchased with a Governmentwide
commercial purchase card is also to be reported to the property management office.
Subpart 1304.6Contract Reporting
1304.602 General.
1304.60270 Federal Procurement Data System.
Departmental Federal Procurement Data System reporting procedures are set forth in CAM 1304.602.
Subpart 1304.8Government Contract Files
1304.804 Closeout of contract files.
1304.80470 Contract closeout procedures.
CAM 1304.804 supplements FAR 4.804 with the Department's contract closeout procedures.
1304.805 Storage handling and disposal of contract files.
1304.80570 Storage, handling, and disposal of contract files.
CAM 1304.804 supplements FAR 4.805 with the Department's procedures for storage, handling, and disposal of contract files.
Subpart 1304.13Personal Identity Verification
1304.1301 Policy.
(a) Implementation of Federal Information Processing Standards
Publication (FIPS PUB) 201 and OMB guidance M0524 is set forth in DOC
Personal Identify Verification (PIV) Implementation Guidance, which is available on the Office of Security Web site.
(b) The DOC official responsible for verifying contractor employee
personal identity is set forth in the DOC Personal Identify Verification (PIV) Implementation Guidance.
Subchapter BCompetition and Acquisition Planning
PART 1305PUBLICIZING CONTRACT ACTIONS
Subpart 1305.2Synopses of Proposed Contract Actions.
Sec.
1305.202 Exceptions.
Subpart 1305.4Release of Information
1305.403 Requests from Members of Congress.
1305.404 Release of long range acquisition estimates.
1305.4041 Release procedures.
Subpart 1305.5Paid Advertisements
1305.502 Authority.
Authority: 41 U.S.C. 414; 48 CFR 1.3011.304.
Subpart 1305.2Synopses of Proposed Contract Actions
1305.202 Exceptions.
The designee authorized to decide, in writing, that advance notice
through the GPE (Governmentwide Point of Entry) is not appropriate or reasonable is set forth in CAM 1301.70.
Subpart 1305.4Release of Information
1305.403 Requests from Members of Congress.
Requests from Members of Congress shall be handled in accordance with the policies and procedures outlined in DAO 2182.
1305.404 Release of longrange acquisition estimates.
1305.4041 Release procedures.
The designee authorized to release longrange acquisition estimates is set forth in CAM 1301.70.
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Subpart 1305.5Paid Advertisements
1305.502 Authority.
The designee authorized to provide authorization for publication of paid advertisements in newspapers is set forth in CAM 1301.70. The contracting officer shal
FOR FURTHER INFORMATION CONTACT
Virna Evans, 202-482-3483.