Defense Federal Acquisition Regulation Supplement; Contracting Officers' Representatives (DFARS Case 2005-D022), 27659-27660 [E6-7286]
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Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Proposed Rules
(ii) job restructuring, part-time or
modified work schedules, acquisition or
modification of equipment or devices,
the provision of auxiliary aids and/or
other assistive technologies, and other
similar actions.
(2) In determining whether an
accommodation would impose an
undue hardship on the operation of a
legal services program, factors to be
considered include, but are not limited
to, the overall size of the legal services
program with respect to number of
employees, number and type of
facilities, and size of budget, and the
nature and costs of the accommodation
needed.
(3) A legal services program may not
deny any employment opportunity to a
qualified employee or applicant with a
disability if the basis for the denial is a
need to make reasonable
accommodation to the physical or
mental limitations of the employee or
applicant.
(f) A legal services program may not
use employment tests or criteria that
discriminate against persons with
disabilities, and shall ensure that
employment tests are adapted for use by
persons who have disabilities that
impair sensory, manual, or speaking
skills.
(g) A legal services program may not
conduct a pre-employment medical
examination or make a pre-employment
inquiry as to whether an applicant is a
person with a disability or as to the
nature or severity of a disability except
under the circumstances described in 45
CFR 84.14(a) through (d)(2). The
Corporation shall have access to
relevant information obtained in
accordance with this section to permit
investigations of alleged violations of
this Part.
(h) A legal services program shall post
in prominent places in each of its offices
a notice stating that the legal services
program does not discriminate on the
basis of disability.
(i) Any recruitment materials
published or used by a legal services
program shall include a statement that
the legal services program does not
discriminate on the basis of disability.
sroberts on PROD1PC70 with PROPOSALS
§ 1624.7
Enforcement.
(a) The procedures described in Part
1618 of these regulations shall apply to
any alleged violation of this Part by a
legal services program.
(b) When LSC receives a complaint of
a violation of this Part, LSC policy is
generally to refer such complainants
promptly to the appropriate Federal,
state or local agencies, although LSC
retains the discretion to investigate all
complaints and/or to maintain an open
VerDate Aug<31>2005
16:30 May 11, 2006
Jkt 208001
27659
complaint file during the pendency of
an investigation being conducted by
such other Federal, state or local agency.
LSC may use, at its discretion,
information obtained by such other
agency as may be available to LSC,
including findings of such other agency
of whether discrimination on the basis
of disability occurred.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Robin Schulze, (703) 602–0326.
SUPPLEMENTARY INFORMATION:
Victor M. Fortuno,
General Counsel and Vice President for Legal
Affairs.
[FR Doc. E6–7280 Filed 5–11–06; 8:45 am]
DFARS Transformation is a major
DoD initiative to dramatically change
the purpose and content of the DFARS.
The objective is to improve the
efficiency and effectiveness of the
acquisition process, while allowing the
acquisition workforce the flexibility to
innovate. The transformed DFARS will
contain only requirements of law, DoDwide policies, delegations of FAR
authorities, deviations from FAR
requirements, and policies/procedures
that have a significant effect beyond the
internal operating procedures of DoD or
a significant cost or administrative
impact on contractors or offerors.
Additional information on the DFARS
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dars/
dfars/transformation/index.htm.
This proposed rule is a result of the
DFARS Transformation initiative. The
proposed DFARS changes—
• Clarify the authority of a
contracting officer’s representative; and
• Remove internal DoD procedures
relating to the designation of a
contracting officer’s representative. Text
on this subject will be relocated to the
new DFARS companion resource,
Procedures, Guidance, and Information
(PGI). Additional information on PGI is
available at https://www.acq.osd.mil/
dpap/dars/pgi.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
BILLING CODE 7050–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 201
RIN 0750–AF30
Defense Federal Acquisition
Regulation Supplement; Contracting
Officers’ Representatives (DFARS
Case 2005–D022)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
update text pertaining to the designation
of a contracting officer’s representative.
This proposed rule is a result of a
transformation initiative undertaken by
DoD to dramatically change the purpose
and content of the DFARS.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before July
11, 2006, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2005–D022,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2005–D022 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Robin
Schulze, OUSD(AT&L)DPAP(DARS),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
A. Background
B. Regulatory Flexibility Act
DoD does not expect this rule to have
a significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the proposed rule addresses
internal DoD procedural matters, and
makes no significant change to DoD
contracting policy. Therefore, DoD has
not performed an initial regulatory
flexibility analysis. DoD invites
comments from small businesses and
other interested parties. DoD also will
consider comments from small entities
concerning the affected DFARS subpart
in accordance with 5 U.S.C. 610. Such
comments should be submitted
separately and should cite DFARS Case
2005–D022.
E:\FR\FM\12MYP1.SGM
12MYP1
27660
Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Proposed Rules
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 201
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR part 201 as follows:
PART 201—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1. The authority citation for 48 CFR
part 201 continues to read as follows:
sroberts on PROD1PC70 with PROPOSALS
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
VerDate Aug<31>2005
16:30 May 11, 2006
Jkt 208001
2. Section 201.602–2 is revised to read
as follows:
201.602–2
Responsibilities.
(1) Follow the procedures at PGI
201.602–2 regarding designation of a
contracting officer’s representative
(COR).
(2) A COR–
(i) Must be a Government employee,
unless otherwise authorized in agency
regulations.
(ii) Must be qualified by training and
experience commensurate with the
responsibilities to be delegated in
accordance with department/agency
guidelines.
(iii) May not be delegated
responsibility to perform functions at a
contractor’s location that have been
delegated under FAR 42.202(a) to a
contract administration office.
(iv) Has no authority to make any
commitments or changes that affect
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
price, quality, quantity, delivery, or
other terms and conditions of the
contract.
(v) Must be designated in writing, and
a copy furnished the contractor and the
contract administration office—
(A) Specifying the extent of the COR’s
authority to act on behalf of the
contracting officer;
(B) Identifying the limitations on the
COR’s authority;
(C) Specifying the period covered by
the designation;
(D) Stating the authority is not
redelegable; and
(E) Stating that the COR may be
personally liable for unauthorized acts.
[FR Doc. E6–7286 Filed 5–11–06; 8:45 am]
BILLING CODE 5001–08–P
E:\FR\FM\12MYP1.SGM
12MYP1
Agencies
[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Proposed Rules]
[Pages 27659-27660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7286]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 201
RIN 0750-AF30
Defense Federal Acquisition Regulation Supplement; Contracting
Officers' Representatives (DFARS Case 2005-D022)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to update text pertaining to the
designation of a contracting officer's representative. This proposed
rule is a result of a transformation initiative undertaken by DoD to
dramatically change the purpose and content of the DFARS.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before July 11, 2006, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2005-D022,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2005-D022 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Robin Schulze, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, (703) 602-0326.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
https://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm.
This proposed rule is a result of the DFARS Transformation
initiative. The proposed DFARS changes--
Clarify the authority of a contracting officer's
representative; and
Remove internal DoD procedures relating to the designation
of a contracting officer's representative. Text on this subject will be
relocated to the new DFARS companion resource, Procedures, Guidance,
and Information (PGI). Additional information on PGI is available at
https://www.acq.osd.mil/dpap/dars/pgi.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule to have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the proposed
rule addresses internal DoD procedural matters, and makes no
significant change to DoD contracting policy. Therefore, DoD has not
performed an initial regulatory flexibility analysis. DoD invites
comments from small businesses and other interested parties. DoD also
will consider comments from small entities concerning the affected
DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be
submitted separately and should cite DFARS Case 2005-D022.
[[Page 27660]]
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 201
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR part 201 as follows:
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
1. The authority citation for 48 CFR part 201 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 201.602-2 is revised to read as follows:
201.602-2 Responsibilities.
(1) Follow the procedures at PGI 201.602-2 regarding designation of
a contracting officer's representative (COR).
(2) A COR-
(i) Must be a Government employee, unless otherwise authorized in
agency regulations.
(ii) Must be qualified by training and experience commensurate with
the responsibilities to be delegated in accordance with department/
agency guidelines.
(iii) May not be delegated responsibility to perform functions at a
contractor's location that have been delegated under FAR 42.202(a) to a
contract administration office.
(iv) Has no authority to make any commitments or changes that
affect price, quality, quantity, delivery, or other terms and
conditions of the contract.
(v) Must be designated in writing, and a copy furnished the
contractor and the contract administration office--
(A) Specifying the extent of the COR's authority to act on behalf
of the contracting officer;
(B) Identifying the limitations on the COR's authority;
(C) Specifying the period covered by the designation;
(D) Stating the authority is not redelegable; and
(E) Stating that the COR may be personally liable for unauthorized
acts.
[FR Doc. E6-7286 Filed 5-11-06; 8:45 am]
BILLING CODE 5001-08-P