Revision of Department of Homeland Security Acquisition Regulation, 1296-1298 [07-61]
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1296
Federal Register / Vol. 72, No. 7 / Thursday, January 11, 2007 / Rules and Regulations
INDIANA OZONE
[8-Hour standard]
Designation a
Classification
Designated area
Date1
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Fort Wayne, IN: Allen County .................................................................................
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Attainment
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2/12/07
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a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Security, Office of the Chief
Procurement Officer, Acquisition
Policy, at (202) 447–5253.
SUPPLEMENTARY INFORMATION:
[FR Doc. E7–255 Filed 1–10–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
I. Request for Comments
II. Background
III. Discussion of Interim Rule
IV. Regulatory Requirements
A. Executive Order 12866 Assessment
B. Regulatory Flexibility Act
C. Good Cause To Issue an Interim Rule
48 CFR Parts 3001, 3002, and 3033
[Docket No. DHS–2007–0001]
RIN 1601–AA42
Revision of Department of Homeland
Security Acquisition Regulation
Department of Homeland
Security.
ACTION: Interim rule with requests for
comments.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: The Department of Homeland
Security (DHS) is amending its
acquisition regulation to reflect a
statutorily-mandated jurisdictional
change for the agency Board of Contract
Appeals from the Department of
Transportation Board of Contract
Appeals to the Civilian Board of
Contract Appeals. DHS is also making
several non-substantive amendments to
its acquisition regulation in order to
reflect organization changes.
DATES: This rule is effective January 11,
2007. Comments must reach the
Department of Homeland Security,
Office of the Chief Procurement Officer,
Acquisition Policy on or before
February 12, 2007, to be considered in
the formation of the final rule.
ADDRESSES: Please submit written
comments, identified by agency name
and docket number DHS–2007–0001, by
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
(2) By mail to the Department of
Homeland Security, Office of the Chief
Procurement Officer, Acquisition Policy
and Oversight, ATTN: Anne Terry, 245
Murray Drive, Bldg. 410 (RDS),
Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT:
Anne Terry, Department of Homeland
VerDate Aug<31>2005
14:19 Jan 10, 2007
Jkt 211001
I. Request for Comments
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of this rule.
Comments should be organized by
Homeland Security Acquisition
Regulation (HSAR) Part, and address the
specific section that is being commented
on. All comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. See
ADDRESSES above for information on
how to submit comments. If you submit
comments by mail, please submit them
in an unbound format, no larger than
81⁄2 by 11 inches, suitable for copying
and electronic filing. If you would like
DHS to acknowledge receipt of
comments submitted by mail, please
enclose a self-addressed, stamped
postcard or envelope. DHS will consider
all comments and material received
during the comment period.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
II. Background
In the National Defense Authorization
Act for Fiscal Year 2006, Congress
established the Civilian Board of
Contract Appeals (CBCA), and
terminated every agency Board of
Contract Appeals (BCA), except those
for the armed services, the Tennessee
Valley Authority, and the U.S. Postal
Service. Public Law 109–163, Title VIII,
section 847.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
The General Services Administration
(GSA) announced this change by Notice
in the Federal Register. See 71 FR
65825 (Nov. 9, 2006). In that Notice,
GSA stated that, effective January 6,
2007, jurisdiction would be transferred
from the BCAs for GSA and the
Departments of Agriculture, Energy,
Housing and Urban Development,
Interior, Labor, Transportation, and
Veterans Affairs to the CBCA.
Through January 5, 2007, DHS
contract appeals were handled by the
Department of Transportation’s BCA.
However, on January 6, 2007, BCA
jurisdiction for DHS transferred to the
CBCA. While the statutory change with
regard to BCA jurisdiction was selfexecuting, this rule is required to ensure
that the information contained in the
HSAR regarding contract appeals is
accurate, and corresponds to the
requirements of section 847 of the 2006
National Defense Authorization Act.
This rule also provides technical
amendments to correct organizational
information reflected in the HSAR.
General changes made to HSAR by
this rulemaking are provided in the list
below.
III. Discussion of Interim Rule
The interim rule revises HSAR 48
CFR 3001.104, 3002.270, 3033.201,
3033.211 and 3033.214 to implement
Public Law 109–163, Title VIII, Section
847 (jurisdictional change for hearing
and deciding contract appeals for DHS).
This rule also establishes additional
technical amendments at HSAR 48 CFR
3001.105–2 and 3002.101 to correct
nomenclature for the Federal Emergency
Management Agency in the HSAR.
IV. Regulatory Requirements
A. Executive Order 12866 Assessment
DHS has determined that this interim
rule is not a major rule under 5 U.S.C.
804, nor is it a significant regulatory
action under Executive Order 12866,
Regulatory Planning and Review. It
therefore does not require an assessment
of potential costs and benefits under
E:\FR\FM\11JAR1.SGM
11JAR1
Federal Register / Vol. 72, No. 7 / Thursday, January 11, 2007 / Rules and Regulations
section 6(a)(3) of that Order, nor has it
been reviewed by the Office of
Management and Budget.
I
B. Small Entities
3001.104
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), the term ‘‘small
entities’’ comprises small businesses,
not-for-profit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000. This
interim rule is not expected to have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act.
*
C. Good Cause To Issue an Interim Rule
A determination has been made under
the authority of the Secretary of
Homeland Security that urgent and
compelling reasons exist to promulgate
this interim rule regarding jurisdictional
changes to hearing and deciding
contract appeals for DHS without prior
opportunity for public comment. This
action is necessary because the effective
date for the transfer of jurisdiction from
the DOTBCA to the CBCA for DHS
contract appeals was January 6, 2007.
While the statute is self-executing, DHS
believes that it is important to amend its
regulations promptly in order to ensure
that the regulation reflects accurate
information as to the contract appeals
process. Moreover, the jurisdictional
changes reflected in this rule are the
results of Congressional action, rather
than a new DHS policy. Accordingly,
providing an opportunity to comment
before the change is implemented is
impracticable and not in the public
interest.
However, pursuant to Public Law 98–
577 and Federal Acquisition Regulation
(FAR) 48 CFR 1.501, DHS will consider
public comments received in response
to this interim rule in the formation of
the final rule.
Arrangement of regulations.
(a) General. The HSAR, which
encompasses both Department-wide and
Component-unique guidance, conforms
to the arrangement and numbering
system prescribed by 48 CFR 1.105–2.
Guidance that is unique to a Component
contains the organization’s acronym or
abbreviation directly following the title.
The following acronyms apply:
Bureau of Customs and Border
Protection (CBP);
Bureau of Immigration and Customs
Enforcement (ICE);
DHS Office of Procurement Operations
(OPO);
Federal Emergency Management Agency
(FEMA);
Federal Law Enforcement Training
Center (FLETC);
Transportation Security Administration
(TSA);
U.S. Coast Guard (USCG); and
U.S. Secret Service (USSS).
Accordingly, DHS amends 48 CFR
parts 3001, 3002 and 3033 as follows:
I
PART 3001—FEDERAL ACQUISITION
REGULATION SYSTEM
1. The authority citation for 48 CFR
parts 3001, 3002, and 3033 continues to
read as follows:
Authority: 41 U.S.C. 418b (a) and (b).
Jkt 211001
Abbreviations.
CBCA Civilian Board of Contract
Appeals
CFO Chief Financial Officer
CIO Chief Information Officer
COCO Chief of the Contracting Office
COR Contracting Officer’s
Representative
COTR Contracting Officer’s Technical
Representative
CPO Chief Procurement Officer
D&F Determination and Findings
FOIA Freedom of Information Act
HCA Head of Contracting Activity
J&A Justification and Approval for
Other than Full and Open
Competition
KO Contracting Officer
MD Management Directive
OCPO Office of the Chief Procurement
Officer
OIG Office of the Inspector General
OSDBU Office of Small and
Disadvantaged Business Utilization
PCR SBA’s Procurement Center
Representative
RFP Request for Proposal
SBA Small Business Administration
SBS Small Business Specialist
SPE Senior Procurement Executive
PART 3033—PROTESTS, DISPUTES,
AND APPEALS
6. Section 3033.201 is revised to read
as follows:
I
3033.201
PART 3002—DEFINITIONS OF WORDS
AND TERMS
Definitions.
Agency Board of Contract Appeals
means the Civilian Board of Contract
Appeals (CBCA).
I 7. Section 3033.211 is revised to read
as follows:
3033.211
Definitions.
*
I
3002.270
3002.101
Dated: January 4, 2007.
Elaine C. Duke,
Chief Procurement Officer.
cprice-sewell on PROD1PC66 with RULES
3001.105–2
(6) Transportation Security
Administration (TSA); (TSA is exempt
from the HSAR and HSAM, pursuant to
the ‘‘Aviation and Transportation
Security Act of 2001’’);
(7) U.S. Coast Guard (USCG); and
(8) U.S. Secret Service (USSS).
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I 5. Section 3002.270 is revised to read
as follows:
4. Amend Section 3002.101 by
revising the definition for ‘‘Component’’
to read as follows:
Government procurement.
14:19 Jan 10, 2007
Applicability.
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(b) The Transportation Security
Administration (TSA) exception to this
regulation is authorized by the Aviation
and Transportation Security Act of 2001
(section 101(a) of Public Law 107–71).
(c) Contracts involving NonAppropriated Fund Instrumentalities
(NAFIs) must contain suitable dispute
provisions and may provide for
appellate dispute jurisdiction in the
Civilian Board of Contract Appeals
(CBCA). However, the contract must not
attempt to confer court jurisdiction that
does not otherwise exist.
*
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I 3. Amend Section 3001.105–2 by
revising paragraph (a) to read as follows:
I
List of Subjects in 48 CFR Parts 3001,
3002, and 3033
VerDate Aug<31>2005
2. Amend Section 3001.104 by
revising paragraphs (b) and (c) to read
as follows:
1297
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Component means the following
entities for purposes of this chapter:
(1) Bureau of Customs and Border
Protection (CBP);
(2) Bureau of Immigration and
Customs Enforcement (ICE);
(3) DHS Office of Procurement
Operations (OPO);
(4) Federal Emergency Management
Agency (FEMA);
(5) Federal Law Enforcement Training
Center (FLETC);
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Frm 00031
Fmt 4700
Sfmt 4700
Contracting Officer’s decision.
For DHS contracts, the Board of
Contract Appeals (BCA) noted in (FAR)
33.211 is the Civilian Board of Contract
Appeals (CBCA) 1800 F Street, NW.,
Washington, DC 20405.
I 8. Section 3033.214(c) introductory
text is revised to read as follows:
3033.214
(ADR).
Alternate disputes resolution
(c) The Administrative Dispute
Resolution Act (ADRA) of 1996, as
amended, 5 U.S.C. 571, et seq.,
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Federal Register / Vol. 72, No. 7 / Thursday, January 11, 2007 / Rules and Regulations
authorizes and encourages agencies to
use mediation, conciliation, arbitration,
and other techniques for the prompt and
informal resolution of disputes, and for
other purposes. CBCA guidance on ADR
may be obtained at https://
www.gsbca.gsa.gov/CBCA-17712-v1CBCA_ADR_INFORMATION.pdf or
from the CBCA upon request. ADR
procedures may be used—
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[FR Doc. 07–61 Filed 1–8–07; 11:15 am]
BILLING CODE 4410–10–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 40
[Docket OST–2007–26828]
RIN 2105–AD64
Procedures for Transportation
Workplace Drug and Alcohol Testing
Programs: Procedures for NonEvidential Alcohol Screening Devices
Office of the Secretary, DOT.
ACTION: Interim final rule.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: The National Highway
Transportation Safety Administration
(NHTSA) has recently approved a new
breath tube alcohol screening device
(ASD) which will qualify for use in DOT
Agency regulated testing once it appears
on NHTSA’s conforming products list
(CPL). This interim final rule (IFR) will
provide procedures for use of the new
device and remove procedures for a
previously approved breath tube ASD
which is no longer being manufactured.
DATES: This rule is effective January 11,
2007. Comments to the interim final
rule should be submitted by February
12, 2007. Late-filed comments will be
considered to the extent practicable.
ADDRESSES: Written Comments: Submit
written comments to the Docket
Management System, U.S. Department
of Transportation, Room PL–401, 400
Seventh Street, SW., Washington, DC
20590–0001. You may submit comments
identified by the docket number (OST–
2007–26828) by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Web site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2478.
• Mail: Docket Management System;
U.S. Department of Transportation, 400
VerDate Aug<31>2005
14:19 Jan 10, 2007
Jkt 211001
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: To the Docket
Management System; Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this notice. Note that
all comments received will be posted
without change to https://dms.dot.gov
including any personal information
provided.
FOR FURTHER INFORMATION CONTACT:
George Ellis or Bohdan Baczara, Office
of Drug and Alcohol Policy and
Compliance, Room 10403, 400 Seventh
Street, SW., Washington, DC 20590;
202–366–3784 (voice), 202–366–3897
(fax), or bohdan.baczara@dot.gov (email).
SUPPLEMENTARY INFORMATION:
Purpose
Department regulations require that in
order for an employer to utilize a
specific ASD to conduct required DOT
alcohol tests, the device must (a) Have
been approved by NHTSA as meeting
required model specifications, (b) be
published by NHTSA in the Federal
Register on their most current ASD CPL,
and (c) have Department-approved
procedures in part 40 for its use. The
procedures in this IFR will ensure that
the NHTSA-approved breath tube ASD
will be immediately available for use by
employers upon publication of
NHTSA’s ASD CPL in the Federal
Register.
Background
When it originally published its
alcohol testing rules on February 15,
1994 (54 FR 7302 et seq.), the
Department established breath testing
using evidential breath testing devices
(EBTs) as the required method.
However, in response to comments
requesting additional flexibility in
testing methods, the Department said
that NHTSA would develop model
specifications for non-evidential alcohol
screening devices, evaluate additional
screening devices against those
specifications, and periodically publish
a conforming products list of screening
devices that met the model
specifications. The Department noted,
too, that the Department would also
have to undertake separate rulemaking
proceedings to establish part 40
procedures for use by DOT-regulated
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Frm 00032
Fmt 4700
Sfmt 4700
industries of any devices approved by
NHTSA.
On April 20, 1995 (60 FR 19675), the
Department published procedures for
use of both breath and saliva ASDs. At
that time, the Department did not
anticipate that additional breath and
saliva screening devices would be
developed that would necessitate new
procedures for their use. As a result, the
revised part 40 published December 19,
2000 (65 FR 79462) stated, in part, that
ASDs on the NHTSA CPL could be used
for part 40 alcohol screening tests.
Because NHTSA added an ASD to their
CPL and the Department had no
procedures for its use, we were forced
to amend that rule. On August 9, 2001
(65 FR 41944), part 40 was amended to
read, ‘‘You may use an ASD that is on
the NHTSA CPL for DOT alcohol tests
only if there are instructions for its use
in this part.’’
On October 1, 2002 (67 FR 61521), the
Department published procedures for
the use of a breath tube ASD that had
been approved by NHTSA and added to
their May 4, 2001 CPL (66 FR 22639).
By 2005, that device was no longer
being manufactured, and was removed
from the CPL effective September 19,
2005 (70 FR 54972).
NHTSA has recently approved a new
breath tube ASD and anticipates adding
it to their CPL in late January 2007.
However, the breath tube procedures
currently in our regulation are not
consistent with instructions for use of
the newly approved ASD. In this IFR,
we have amended part 40 by
eliminating procedures specific for the
breath tube ASD which is no longer
being manufactured and adding
procedures for use of the newly
approved device.
Instructions for use of the new ASD
are generally similar to those for the
previously approved breath tube device.
The principal difference is in how the
alcohol result is read by the technician.
Instead of comparing the color of the
crystals in the ASD with the colored
crystals in a manufacturer-produced
control tube, the new ASD uses an
electronic analyzer to provide the
technician and the employee with an
automated visual result of negative (a
flashing green light) or positive (a
flashing red light) at 0.02. The
Department will retain the requirement
to read the result within 15 minutes of
the test to ensure a confirmation test,
when necessary, is conducted in a
timely manner.
The addition of an electronic analyzer
with this type of breath tube ASD will
also add an entry to the list of fatal flaws
which would require the alcohol
screening test to be cancelled.
E:\FR\FM\11JAR1.SGM
11JAR1
Agencies
[Federal Register Volume 72, Number 7 (Thursday, January 11, 2007)]
[Rules and Regulations]
[Pages 1296-1298]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-61]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
48 CFR Parts 3001, 3002, and 3033
[Docket No. DHS-2007-0001]
RIN 1601-AA42
Revision of Department of Homeland Security Acquisition
Regulation
AGENCY: Department of Homeland Security.
ACTION: Interim rule with requests for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) is amending its
acquisition regulation to reflect a statutorily-mandated jurisdictional
change for the agency Board of Contract Appeals from the Department of
Transportation Board of Contract Appeals to the Civilian Board of
Contract Appeals. DHS is also making several non-substantive amendments
to its acquisition regulation in order to reflect organization changes.
DATES: This rule is effective January 11, 2007. Comments must reach the
Department of Homeland Security, Office of the Chief Procurement
Officer, Acquisition Policy on or before February 12, 2007, to be
considered in the formation of the final rule.
ADDRESSES: Please submit written comments, identified by agency name
and docket number DHS-2007-0001, by one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
(2) By mail to the Department of Homeland Security, Office of the
Chief Procurement Officer, Acquisition Policy and Oversight, ATTN: Anne
Terry, 245 Murray Drive, Bldg. 410 (RDS), Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT: Anne Terry, Department of Homeland
Security, Office of the Chief Procurement Officer, Acquisition Policy,
at (202) 447-5253.
SUPPLEMENTARY INFORMATION:
I. Request for Comments
II. Background
III. Discussion of Interim Rule
IV. Regulatory Requirements
A. Executive Order 12866 Assessment
B. Regulatory Flexibility Act
C. Good Cause To Issue an Interim Rule
I. Request for Comments
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of this
rule. Comments should be organized by Homeland Security Acquisition
Regulation (HSAR) Part, and address the specific section that is being
commented on. All comments received will be posted without change to
https://www.regulations.gov, including any personal information
provided. See ADDRESSES above for information on how to submit
comments. If you submit comments by mail, please submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you would like DHS to acknowledge
receipt of comments submitted by mail, please enclose a self-addressed,
stamped postcard or envelope. DHS will consider all comments and
material received during the comment period.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
II. Background
In the National Defense Authorization Act for Fiscal Year 2006,
Congress established the Civilian Board of Contract Appeals (CBCA), and
terminated every agency Board of Contract Appeals (BCA), except those
for the armed services, the Tennessee Valley Authority, and the U.S.
Postal Service. Public Law 109-163, Title VIII, section 847.
The General Services Administration (GSA) announced this change by
Notice in the Federal Register. See 71 FR 65825 (Nov. 9, 2006). In that
Notice, GSA stated that, effective January 6, 2007, jurisdiction would
be transferred from the BCAs for GSA and the Departments of
Agriculture, Energy, Housing and Urban Development, Interior, Labor,
Transportation, and Veterans Affairs to the CBCA.
Through January 5, 2007, DHS contract appeals were handled by the
Department of Transportation's BCA. However, on January 6, 2007, BCA
jurisdiction for DHS transferred to the CBCA. While the statutory
change with regard to BCA jurisdiction was self-executing, this rule is
required to ensure that the information contained in the HSAR regarding
contract appeals is accurate, and corresponds to the requirements of
section 847 of the 2006 National Defense Authorization Act.
This rule also provides technical amendments to correct
organizational information reflected in the HSAR.
General changes made to HSAR by this rulemaking are provided in the
list below.
III. Discussion of Interim Rule
The interim rule revises HSAR 48 CFR 3001.104, 3002.270, 3033.201,
3033.211 and 3033.214 to implement Public Law 109-163, Title VIII,
Section 847 (jurisdictional change for hearing and deciding contract
appeals for DHS).
This rule also establishes additional technical amendments at HSAR
48 CFR 3001.105-2 and 3002.101 to correct nomenclature for the Federal
Emergency Management Agency in the HSAR.
IV. Regulatory Requirements
A. Executive Order 12866 Assessment
DHS has determined that this interim rule is not a major rule under
5 U.S.C. 804, nor is it a significant regulatory action under Executive
Order 12866, Regulatory Planning and Review. It therefore does not
require an assessment of potential costs and benefits under
[[Page 1297]]
section 6(a)(3) of that Order, nor has it been reviewed by the Office
of Management and Budget.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the term
``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. This interim rule is not expected to
have a significant economic impact on a substantial number of small
entities within the meaning of the Regulatory Flexibility Act.
C. Good Cause To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Homeland Security that urgent and compelling reasons exist to
promulgate this interim rule regarding jurisdictional changes to
hearing and deciding contract appeals for DHS without prior opportunity
for public comment. This action is necessary because the effective date
for the transfer of jurisdiction from the DOTBCA to the CBCA for DHS
contract appeals was January 6, 2007. While the statute is self-
executing, DHS believes that it is important to amend its regulations
promptly in order to ensure that the regulation reflects accurate
information as to the contract appeals process. Moreover, the
jurisdictional changes reflected in this rule are the results of
Congressional action, rather than a new DHS policy. Accordingly,
providing an opportunity to comment before the change is implemented is
impracticable and not in the public interest.
However, pursuant to Public Law 98-577 and Federal Acquisition
Regulation (FAR) 48 CFR 1.501, DHS will consider public comments
received in response to this interim rule in the formation of the final
rule.
List of Subjects in 48 CFR Parts 3001, 3002, and 3033
Government procurement.
Dated: January 4, 2007.
Elaine C. Duke,
Chief Procurement Officer.
0
Accordingly, DHS amends 48 CFR parts 3001, 3002 and 3033 as follows:
PART 3001--FEDERAL ACQUISITION REGULATION SYSTEM
0
1. The authority citation for 48 CFR parts 3001, 3002, and 3033
continues to read as follows:
Authority: 41 U.S.C. 418b (a) and (b).
0
2. Amend Section 3001.104 by revising paragraphs (b) and (c) to read as
follows:
3001.104 Applicability.
* * * * *
(b) The Transportation Security Administration (TSA) exception to
this regulation is authorized by the Aviation and Transportation
Security Act of 2001 (section 101(a) of Public Law 107-71).
(c) Contracts involving Non-Appropriated Fund Instrumentalities
(NAFIs) must contain suitable dispute provisions and may provide for
appellate dispute jurisdiction in the Civilian Board of Contract
Appeals (CBCA). However, the contract must not attempt to confer court
jurisdiction that does not otherwise exist.
* * * * *
0
3. Amend Section 3001.105-2 by revising paragraph (a) to read as
follows:
3001.105-2 Arrangement of regulations.
(a) General. The HSAR, which encompasses both Department-wide and
Component-unique guidance, conforms to the arrangement and numbering
system prescribed by 48 CFR 1.105-2. Guidance that is unique to a
Component contains the organization's acronym or abbreviation directly
following the title. The following acronyms apply:
Bureau of Customs and Border Protection (CBP);
Bureau of Immigration and Customs Enforcement (ICE);
DHS Office of Procurement Operations (OPO);
Federal Emergency Management Agency (FEMA);
Federal Law Enforcement Training Center (FLETC);
Transportation Security Administration (TSA);
U.S. Coast Guard (USCG); and
U.S. Secret Service (USSS).
PART 3002--DEFINITIONS OF WORDS AND TERMS
0
4. Amend Section 3002.101 by revising the definition for ``Component''
to read as follows:
3002.101 Definitions.
* * * * *
Component means the following entities for purposes of this
chapter:
(1) Bureau of Customs and Border Protection (CBP);
(2) Bureau of Immigration and Customs Enforcement (ICE);
(3) DHS Office of Procurement Operations (OPO);
(4) Federal Emergency Management Agency (FEMA);
(5) Federal Law Enforcement Training Center (FLETC);
(6) Transportation Security Administration (TSA); (TSA is exempt
from the HSAR and HSAM, pursuant to the ``Aviation and Transportation
Security Act of 2001'');
(7) U.S. Coast Guard (USCG); and
(8) U.S. Secret Service (USSS).
* * * * *
0
5. Section 3002.270 is revised to read as follows:
3002.270 Abbreviations.
CBCA Civilian Board of Contract Appeals
CFO Chief Financial Officer
CIO Chief Information Officer
COCO Chief of the Contracting Office
COR Contracting Officer's Representative
COTR Contracting Officer's Technical Representative
CPO Chief Procurement Officer
D&F Determination and Findings
FOIA Freedom of Information Act
HCA Head of Contracting Activity
J&A Justification and Approval for Other than Full and Open Competition
KO Contracting Officer
MD Management Directive
OCPO Office of the Chief Procurement Officer
OIG Office of the Inspector General
OSDBU Office of Small and Disadvantaged Business Utilization
PCR SBA's Procurement Center Representative
RFP Request for Proposal
SBA Small Business Administration
SBS Small Business Specialist
SPE Senior Procurement Executive
PART 3033--PROTESTS, DISPUTES, AND APPEALS
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6. Section 3033.201 is revised to read as follows:
3033.201 Definitions.
Agency Board of Contract Appeals means the Civilian Board of
Contract Appeals (CBCA).
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7. Section 3033.211 is revised to read as follows:
3033.211 Contracting Officer's decision.
For DHS contracts, the Board of Contract Appeals (BCA) noted in
(FAR) 33.211 is the Civilian Board of Contract Appeals (CBCA) 1800 F
Street, NW., Washington, DC 20405.
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8. Section 3033.214(c) introductory text is revised to read as follows:
3033.214 Alternate disputes resolution (ADR).
(c) The Administrative Dispute Resolution Act (ADRA) of 1996, as
amended, 5 U.S.C. 571, et seq.,
[[Page 1298]]
authorizes and encourages agencies to use mediation, conciliation,
arbitration, and other techniques for the prompt and informal
resolution of disputes, and for other purposes. CBCA guidance on ADR
may be obtained at https://www.gsbca.gsa.gov/CBCA-17712-v1-CBCA_ADR_
INFORMATION.pdf or from the CBCA upon request. ADR procedures may be
used--
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[FR Doc. 07-61 Filed 1-8-07; 11:15 am]
BILLING CODE 4410-10-P