Defense Federal Acquisition Regulation Supplement; Contracting Officers' Representatives (DFARS Case 2005-D022), 27659-27660 [E6-7286]

Download as PDF 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
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