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).
Effective Date: This rule is effective August 15, 2007.Start Further Info
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: firstname.lastname@example.org.End Further Info End Preamble Start Supplemental 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.
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 Start Printed Page 45695the 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.Start List of Subjects
List of Subjects in 48 CFR Parts 601, 602, 604, 605, 606, 609, 619, 622, 623, 628, 631, 633 and 653End List of Subjects Start Amendment Part
Accordingly, for reasons set forth in the preamble, title 48, chapter 6 of the Code of Federal Regulations is amended as follows:End Amendment Part Start Amendment Part
1. The authority citation forEnd Amendment Part
Subchapter A—GeneralStart Part
PART 601—DEPARTMENT OF STATE ACQUISITION REGULATIONS SYSTEM
2. Section 601.602-1 is amended by removing the words “real and” in the first sentence in paragraph (b).End Amendment Part Start Amendment Part
3. Section 601.603-1 is revised to read as follows:End Amendment Part
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.
4. Section 601.603-70 is amended—End Amendment Part Start Amendment Part
a. By removing paragraph (b)(5); andEnd Amendment Part Start Amendment Part
b. By redesignating paragraphs (b)(6), (b)(7), and (b)(8) as (b)(5), (b)(6), and (b)(7), respectively.End Amendment Part Start Part
PART 602—DEFINITIONS OF WORDS AND TERMS
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.End Amendment Part Start Part
PART 604—ADMINISTRATIVE MATTERS
6. Section 604.502 is amended —End Amendment Part Start Amendment Part
a. By removing paragraph (b)(1)(i) in its entirety;End Amendment Part Start Amendment Part
b. By redesignating paragraphs (b)(1)(ii) and (b)(1)(iii) as (b)(1)(i) and (b)(1)(ii), respectively; andEnd Amendment Part Start Amendment Part
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).End Amendment Part
Subchapter B—Competition and Acquisition PlanningStart Part
PART 605—PUBLICIZING CONTRACT ACTIONS
7. Section 605.403 is amended —End Amendment Part Start Amendment Part
a. By removing the paragraph designator “(a)” at the beginning; andEnd Amendment Part Start Amendment Part
b. By removing “FAR 5.403(a)” and adding in its place “FAR 5.403.”End Amendment Part Start Part
PART 606—COMPETITION REQUIREMENTS
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).End Amendment Part
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).End Amendment Part Start Part
PART 609—CONTRACTOR QUALIFICATIONSEnd Part Start Amendment Part
10. Section 609.404 is amended:End Amendment Part Start Amendment Part
a. By revising the section heading to read as set forth below.End Amendment Part Start Amendment Part
b. By removing the words “FAR 9.404(c)(5)” and adding in its place “FAR 9.404(c)(7) in the second sentence.End Amendment Part
11. Section 609.404-70 is amended by removing “End Amendment Part
Subchapter C—Contracting Methods and Contracting TypesStart Part
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
(g)(1) The procurement Executive is the agency head's designee for the purpose of FAR 13.201(g)(1).
Subchapter D—Socioeconomic ProgramsStart Part
PART 619—SMALL BUSINESS PROGRAMS
13. Section 619.201 is amended by removing paragraph (c).End Amendment Part
14. Section 619.805-2 is amended—End Amendment Part Start Amendment Part
a. By removing paragraph (a)(2); andEnd Amendment Part Start Amendment Part
b. By redesignating paragraph (c)(3) as paragraph (b).End Amendment Part
15. Section 619.810 is amended—End Amendment Part Start Amendment Part
a. By redesignating paragraph (d) as paragraph (c); andEnd Amendment Part Start Amendment Part
b. By removing “FAR 19.812(d)” and adding in its place “FAR 19.810(c)” at the end of newly designated paragraph (c).End Amendment Part
16. Section 619.811-3 is amended—End Amendment Part Start Amendment Part
a. By redesignating paragraph (d)(3) as paragraph (d); andEnd Amendment Part Start Amendment Part
b. By redesignating paragraph (f) as paragraph (e).End Amendment Part Start Part
PART 622—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
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)”.End Amendment Part
18. Section 622.1310 is amended by revising the heading to read as follows:End Amendment Part
PART 623—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
19. Section 623.404 is removed.End Amendment Part
Subchapter E—General Contracting RequirementsStart Part
PART 628—BONDS AND INSURANCEEnd Part Start Amendment Part
20. The heading for Subpart 628.2 is revised to read as follows:End Amendment Part
Subpart 628.2—Sureties and Other Securities for BondsStart Part
PART 631—CONTRACT COST PRINCIPLES AND PROCEDURES
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)”.End Amendment Part Start Part
PART 633—PROTESTS, DISPUTES, AND APPEALS
22. Section 633.102 is amended by removing the words “General Accounting Office” and adding the words “Government Accountability Office” in their place.End Amendment Part
23. Sections 633.270-1, 633.270-2, and 633.270-3 are removed.End Amendment Part
Subchapter H—Clauses and FormaStart Part
24. Section 653.101-70 is amended by removing the last sentence.End Amendment Part Start Signature
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