[Federal Register: August 15, 2007 (Volume 72, Number 157)]
[Rules and Regulations]
[Page 45694-45696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au07-21]
[[Page 45694]]
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DEPARTMENT OF STATE
48 CFR Parts 601, 602, 604, 605, 606, 609, 619, 622, 623, 628, 631,
633 and 653
[Public Notice: 5877]
RIN 1400-AC34
Department of State Acquisition Regulation; Technical Amendments
AGENCY: State Department.
ACTION: Final rule.
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SUMMARY: This final rule makes editorial corrections and minor changes
to the Department of State Acquisition Regulation (DOSAR). No proposed
rule was issued as these corrections and changes do not affect the
general public; therefore, prior public comment is not required per
Federal Acquisition Regulation (FAR) 1.301(b).
DATES: Effective Date: This rule is effective August 15, 2007.
FOR FURTHER INFORMATION CONTACT: Gladys Gines, Procurement Analyst,
Office of the Procurement Executive, 2201 C Street, NW., State Annex
Number 6, Room 603, Washington, DC 20522-0602; telephone number: 703-
516-1691; e-mail address: ginesgg@state.gov.
SUPPLEMENTARY INFORMATION: This final rule makes the following
corrections and updates:
Removes acquisition of real property from the delegated
authority of the Senior Procurement Executive. The FAR does not apply
to the acquisition of real property, and the Senior Procurement
Executive has no involvement in the acquisition of real property.
Removes the Bureau of Population, Refugees and Migration
from the list of offices that have limited acquisition authority. This
office no longer awards any acquisitions.
Corrects paragraph citations in the DOSAR definition of
``major system''.
Removes the use of the Statebuy Interactive Platform (SIP)
as a means of posting solicitations for domestic contracting offices.
The SIP has been phased out; contracting officers now only use the
Government-wide point of entry (FedBizOpps) for posting solicitations.
Updates the dollar thresholds for approvals of
justifications of other than full and open competition to conform to
recent changes in the FAR.
Removes paragraph (c) of DOSAR 619.201 to conform to FAR
19.201(c), which states that heads of contracting activities are
responsible for implementing the small business programs within their
activities. The DOSAR language currently delegates this responsibility
to the Assistant Secretary of State for Administration. The Department
believes that this responsibility is more appropriately handled by
heads of contracting activities as stated in the FAR.
Removes paragraph (a)(2) of DOSAR 619.805-2. This
paragraph discussed a blanket waiver that the Department of State
received from the Small Business Administration (SBA) in 2001. The
waiver allowed for services exceeding $3 million and supplies exceeding
$5 million that supplemented the security of U.S. diplomatic posts and
protected the lives of Department personnel for the duration of the
national state of emergency as declared by the President to be awarded
non-competitively under the 8(a) program. A GAO audit (GAO-07-34R,
Department of State Contract for Security Installation at Embassies)
questioned the waiver. SBA subsequently discovered that they did not
have the authority to issue a blanket waiver. As a result, SBA
rescinded the waiver. Accordingly, the Department is removing this
language from the DOSAR.
Removes section 623.404 on the agency affirmative action
program for recycled materials. The information provided Intranet and
Internet Web sites where the Department's program could be accessed.
However, the program is strictly internal guidance for requiring
offices, and does not contain any information that would be useful to
contractors. Since the document is for internal use only, it is no
longer posted on the Internet. It is still posted on the Intranet for
requiring offices; however, it is not necessary to state this in the
DOSAR.
Removes references to the General Services Administration
Board of Contract Appeals (GSBCA). The Department of State used the
GSBCA as its venue for contract appeals since it did not have its own
Board of Contract Appeals. However, effective January 6, 2007, all
civilian agency Boards of Contract Appeals were terminated and a new
Civilian Board of Contract Appeals (CBCA) was created. All civilian
agencies now use the CBCA; therefore, no reference to a specific Board
is required.
Removes the reference to the Intranet site where the
Department's forms may be accessed.
Makes numerous citation and title corrections to conform
to the current FAR.
Updates Web site addresses.
Regulatory Findings
Administrative Procedure Act
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. In addition, the Department is
exempt from Executive Order 12866 except to the extent that it is
promulgating regulations in conjunction with a domestic agency that are
significant regulatory actions. The Department has nevertheless
reviewed the regulation to ensure its consistency with the regulatory
philosophy and principles set forth in that Executive Order.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign
based companies in domestic and import markets.
Executive Order 12866
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. In addition, the Department is
exempt from Executive Order 12866 except to the extent that it is
promulgating regulations in conjunction with a domestic agency that are
significant regulatory actions. The Department has nevertheless
reviewed
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the regulation to ensure its consistency with the regulatory philosophy
and principles set forth in that Executive Order.
Executive Order 12988--Civil Justice Reform
The Department has reviewed this regulation in light of sections
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
Executive Orders 12372 and 13132--Federalism
This regulation will not have substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this regulation.
National Environmental Policy Act
The Department has analyzed this regulation for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has
determined that it will not have any effect on the quality of the
environment.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects in 48 CFR Parts 601, 602, 604, 605, 606, 609, 619,
622, 623, 628, 631, 633 and 653
Government procurement.
0
Accordingly, for reasons set forth in the preamble, title 48, chapter 6
of the Code of Federal Regulations is amended as follows:
0
1. The authority citation for 48 CFR parts 601, 602, 604, 605, 606,
609, 619, 622, 623, 628, 631, 633, and 653 continue to read as follows:
Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
Subchapter A--General
PART 601--DEPARTMENT OF STATE ACQUISITION REGULATIONS SYSTEM
601.602-1 [Amended]
0
2. Section 601.602-1 is amended by removing the words ``real and'' in
the first sentence in paragraph (b).
0
3. Section 601.603-1 is revised to read as follows:
601.603-1 General.
Details of the Department's acquisition career management program
are described in 14 FAH-3, Acquisition Career Management Program
Handbook, which is available on the Internet at http://foia.state.gov/REGS/search.asp
.
601.603-70 [Amended]
0
4. Section 601.603-70 is amended--
0
a. By removing paragraph (b)(5); and
0
b. By redesignating paragraphs (b)(6), (b)(7), and (b)(8) as (b)(5),
(b)(6), and (b)(7), respectively.
PART 602--DEFINITIONS OF WORDS AND TERMS
602.101-70 [Amended]
0
5. Section 602.101-70 is amended, in the definition of ``major
system'', by removing ``(b)'' and adding in its place ``(2)'' in the
first sentence, and removing ``(c)'' and adding in its place ``(3)'' in
the second sentence.
PART 604--ADMINISTRATIVE MATTERS
604.502 [Amended]
0
6. Section 604.502 is amended --
0
a. By removing paragraph (b)(1)(i) in its entirety;
0
b. By redesignating paragraphs (b)(1)(ii) and (b)(1)(iii) as (b)(1)(i)
and (b)(1)(ii), respectively; and
0
c. By removing the words ``Statebuy Interactive Platform'' and adding
the words ``Government-wide point of entry'' in their place in the
first sentence of newly designated paragraph (b)(1)(ii).
Subchapter B--Competition and Acquisition Planning
PART 605--PUBLICIZING CONTRACT ACTIONS
605.403 [Amended]
0
7. Section 605.403 is amended --
0
a. By removing the paragraph designator ``(a)'' at the beginning; and
0
b. By removing ``FAR 5.403(a)'' and adding in its place ``FAR 5.403.''
PART 606--COMPETITION REQUIREMENTS
606.302-6 [Amended]
0
8. Section 606.302-6 is amended by removing the words ``The Chief,
Information Security Programs Division, Office of Information Security
Technology, Bureau of Diplomatic Security'' and adding the words ``The
Office Director, Office of Information Security, Office of Security
Infrastructure, Bureau of Diplomatic Security (DS/SI/IS)'' in their
place in the second sentence of paragraph (c)(1).
606.304 [Amended]
0
9. Section 606.304 is amended by removing ``$500,000'' and
``$10,000,000'' and adding ``$550,000'' and ``$11.5 million'' in their
place, respectively, in paragraph (a)(2).
PART 609--CONTRACTOR QUALIFICATIONS
0
10. Section 609.404 is amended:
0
a. By revising the section heading to read as set forth below.
0
b. By removing the words ``FAR 9.404(c)(5)'' and adding in its place
``FAR 9.404(c)(7) in the second sentence.
609.404 Excluded parties list system.
* * * * *
0
11. Section 609.404-70 is amended by removing ``http://epls.arnet.gov'' and adding in its place ``http://www.epls.gov'' at the end of the
second sentence.
Subchapter C--Contracting Methods and Contracting Types
PART 613--SIMPLIFIED ACQUISITION PROCEDURES
12. A new Subpart 613.2 is added to read as follows:
Subpart 613.2--Actions At or Below the Micro-Purchase Threshold
613.201 General.
(g)(1) The procurement Executive is the agency head's designee for
the purpose of FAR 13.201(g)(1).
Subchapter D--Socioeconomic Programs
PART 619--SMALL BUSINESS PROGRAMS
619.201 [Amended]
0
13. Section 619.201 is amended by removing paragraph (c).
619.805-2 [Amended]
0
14. Section 619.805-2 is amended--
0
a. By removing paragraph (a)(2); and
[[Page 45696]]
0
b. By redesignating paragraph (c)(3) as paragraph (b).
619.810 [Amended]
0
15. Section 619.810 is amended--
0
a. By redesignating paragraph (d) as paragraph (c); and
0
b. By removing ``FAR 19.812(d)'' and adding in its place ``FAR
19.810(c)'' at the end of newly designated paragraph (c).
619.811-3 [Amended]
0
16. Section 619.811-3 is amended--
0
a. By redesignating paragraph (d)(3) as paragraph (d); and
0
b. By redesignating paragraph (f) as paragraph (e).
PART 622--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
622.404-3 [Amended]
0
17. Section 622.404-3 is amended by removing ``FAR 22.404-3(b) and
(e)'' and adding in its place ``22.404-3(b) and (d)''.
622.13.10 [Amended]
0
18. Section 622.1310 is amended by revising the heading to read as
follows:
622.1310 Solicitation Provision and Contract Clauses.
* * * * *
PART 623--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
623.404 [Removed]
0
19. Section 623.404 is removed.
Subchapter E--General Contracting Requirements
PART 628--BONDS AND INSURANCE
0
20. The heading for Subpart 628.2 is revised to read as follows:
Subpart 628.2--Sureties and Other Securities for Bonds
PART 631--CONTRACT COST PRINCIPLES AND PROCEDURES
631.205-6 [Amended]
0
21. Section 631.205-6 is amended by removing ``FAR 31.205-6(g)(3)'' and
adding in its place ``FAR 31.205-6(g)(6)''.
PART 633--PROTESTS, DISPUTES, AND APPEALS
633.102 [Amended]
0
22. Section 633.102 is amended by removing the words ``General
Accounting Office'' and adding the words ``Government Accountability
Office'' in their place.
633.270-1, 633.270-2 and 633.270-3 [Removed]
0
23. Sections 633.270-1, 633.270-2, and 633.270-3 are removed.
Subchapter H--Clauses and Forma
PART 653--FORMS
653.101-70 [Amended]
0
24. Section 653.101-70 is amended by removing the last sentence.
Dated: July 30, 2007.
Corey M. Rindner,
Procurement Executive, Bureau of Administration, Department of State.
[FR Doc. E7-15919 Filed 8-14-07; 8:45 am]
BILLING CODE 4710-24-P