Office of Inspector General; Contractor Requirements, 6676 [2012-2941]
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6676
Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Rules and Regulations
POSTAL SERVICE
Authority: 5 U.S.C. App. 3; 39 U.S.C.
401(2) and 1001.
39 CFR Part 230
■
Office of Inspector General; Contractor
Requirements
§ 230.6
Postal Service.
ACTION: Final rule.
AGENCY:
This rule establishes
standards of qualification and
responsibility for contractors employed
by the Office of Inspector General. The
rule also emphasizes consistency in
contractor selection, and clarifies the
OIG’s exclusive authority to set
qualifications and standards for its own
contractors, as well as ensure the use of
contracting best practices as established
by the Federal Acquisition Regulations
and other applicable sources in making
contract awards.
DATES: Effective Date: March 12, 2012.
FOR FURTHER INFORMATION CONTACT: Anil
Murjani, Office of General Counsel,
Office of Inspector General, United
States Postal Service, (703) 248–2244.
SUPPLEMENTARY INFORMATION: The OIG
possesses contracting authority
pursuant to the Inspector General Act of
1978, as amended (section 6(a)(9) of 5
U.S.C. App. 3). Under 39 CFR 230.1(i),
the Postal Service’s Office of the
Inspector General (OIG) may hire and
retain the services of expert consultants
and other personnel as necessary to
fulfill the duties and responsibilities of
the Office. This rule establishes general
standards of qualification and
responsibility for such contractors. The
rule also emphasizes consistency in
contractor selection, and clarifies the
OIG’s exclusive authority to set
qualifications and standards for its own
contractors, as well as ensure the use of
contracting best practices as established
by the Federal Acquisition Regulations
and other applicable sources in making
contract awards. Neither the United
States Postal Service nor the OIG will be
bound by the Federal Acquisition
Regulations through the adoption of this
rule.
SUMMARY:
emcdonald on DSK29S0YB1PROD with RULES
List of Subjects in 39 CFR Part 230
Authority delegations (Government
agencies), Freedom of information,
Organization and functions
(Government agencies), Privacy.
For the reasons stated, the Postal
Service adopts the following
amendment to 39 CFR Part 230:
PART 230—OFFICE OF INSPECTOR
GENERAL
1. The authority citation for Part 230
continues to read as follows:
■
VerDate Mar<15>2010
15:13 Feb 08, 2012
2. Subpart A of Part 230 is amended
by adding new § 230.6 to read as
follows:
Jkt 226001
Contractor requirements.
(a) The Office of Inspector General
shall be the exclusive judge of its
contractors’ qualifications.
(b) The Office of Inspector General
shall award contracts to and make
purchases from only responsible
contractors. In order to award a contract,
a contracting officer must make an
affirmative determination of
responsibility.
(c) A responsible prospective
contractor is one who:
(1) Has the financial and logistical
resources to perform the contract;
(2) Has the necessary organization,
experience, and technical ability to
perform the contract;
(3) Is able to comply with the delivery
and performance schedules established
by the Office of Inspector General;
(4) Has a satisfactory performance
record (although a lack of relevant
performance history shall not disqualify
a prospective contractor from award);
(5) Has a satisfactory record of
integrity and business ethics; and,
(6) Is otherwise qualified and eligible
to receive an award under applicable
federal laws and regulations.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012–2941 Filed 2–8–12; 8:45 am]
BILLING CODE 7710–12–P
POSTAL REGULATORY COMMISSION
39 CFR Parts 3001 and 3025
[Order No. 1171; Docket No. RM2011–13]
Appeals of Post Office Closings
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
The Commission is adopting
a new set of rules for appeals of post
office closings. The new rules are
intended to update existing rules; foster
clarity and simplicity, especially in
terms of requirements that apply to the
public; and expedite the appeal process.
The rules incorporate some, but not all,
of the proposed rules, as well as some
commenters’ suggestions. Some
proposals have been deferred to allow
time for further consideration. Adoption
of a new set of rules will improve the
post office closing appeal process.
DATES: Effective Date: March 12, 2012.
SUMMARY:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820.
SUPPLEMENTARY INFORMATION: Regulatory
history: 76 FR 54179 (August 31, 2011)
and 76 FR 59085 (September 23, 2011).
Table of Contents
I. Introduction
II. Unopposed Rules
III. Suggested Improvements
IV. Easily Resolved Opposition
V. Substantial Opposition—Consideration
Deferred
I. Introduction
On August 18, 2011, the Commission
issued a notice of proposed
rulemaking.1 That notice was intended,
in part, to simplify the rules applicable
to appeals of post office closings and
consolidations and to make the rules
consistent with current practice. See
Order No. 814 at 1–3. On August 25,
2011, the Commission issued a
supplemental notice proposing to
remove from the current rules the
requirement that the Commission
publish notice of appeals in the Federal
Register.2
Some of the proposed rules generated
opposition. Others were relatively
uncontroversial. The Commission finds
that it will be beneficial to promptly
adopt rules that were, for the most part,
unopposed. The Commission will
address the other proposed rules in a
later order. This order is organized as
follows. First, proposed rules that
generated no opposition are described
and adopted. Next, proposed rules that
generated suggestions for improvement
are described, modified as appropriate,
and adopted or deferred for further
consideration. Third, proposed rules
that generated controversy that is easily
resolved are described, modified as
appropriate, and adopted. Finally,
proposed rules that generated
significant opposition that requires
additional research and analysis are
described and deferred to a later date.
II. Unopposed Rules
Rules of general applicability. The
Commission has proposed amendments
to rules of practice 9, 10, 12, and 17 in
39 CFR part 3001, subpart A. These
amendments are intended to ease
requirements for persons who file
appeals of post office closings or
consolidations but who do not or cannot
1 Notice of Proposed Rulemaking Regarding
Appeals of Postal Service Determinations to Close
or Consolidate Post Offices, August 18, 2011 (Order
No. 814).
2 Supplemental Notice Regarding Proposed Rules
Governing Appeals, August 25, 2011 (Order No.
823).
E:\FR\FM\09FER1.SGM
09FER1
]]>Agencies
[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Rules and Regulations]
[Page 6676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2941]
[[Page 6676]]
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POSTAL SERVICE
39 CFR Part 230
Office of Inspector General; Contractor Requirements
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule establishes standards of qualification and
responsibility for contractors employed by the Office of Inspector
General. The rule also emphasizes consistency in contractor selection,
and clarifies the OIG's exclusive authority to set qualifications and
standards for its own contractors, as well as ensure the use of
contracting best practices as established by the Federal Acquisition
Regulations and other applicable sources in making contract awards.
DATES: Effective Date: March 12, 2012.
FOR FURTHER INFORMATION CONTACT: Anil Murjani, Office of General
Counsel, Office of Inspector General, United States Postal Service,
(703) 248-2244.
SUPPLEMENTARY INFORMATION: The OIG possesses contracting authority
pursuant to the Inspector General Act of 1978, as amended (section
6(a)(9) of 5 U.S.C. App. 3). Under 39 CFR 230.1(i), the Postal
Service's Office of the Inspector General (OIG) may hire and retain the
services of expert consultants and other personnel as necessary to
fulfill the duties and responsibilities of the Office. This rule
establishes general standards of qualification and responsibility for
such contractors. The rule also emphasizes consistency in contractor
selection, and clarifies the OIG's exclusive authority to set
qualifications and standards for its own contractors, as well as ensure
the use of contracting best practices as established by the Federal
Acquisition Regulations and other applicable sources in making contract
awards. Neither the United States Postal Service nor the OIG will be
bound by the Federal Acquisition Regulations through the adoption of
this rule.
List of Subjects in 39 CFR Part 230
Authority delegations (Government agencies), Freedom of
information, Organization and functions (Government agencies), Privacy.
For the reasons stated, the Postal Service adopts the following
amendment to 39 CFR Part 230:
PART 230--OFFICE OF INSPECTOR GENERAL
0
1. The authority citation for Part 230 continues to read as follows:
Authority: 5 U.S.C. App. 3; 39 U.S.C. 401(2) and 1001.
0
2. Subpart A of Part 230 is amended by adding new Sec. 230.6 to read
as follows:
Sec. 230.6 Contractor requirements.
(a) The Office of Inspector General shall be the exclusive judge of
its contractors' qualifications.
(b) The Office of Inspector General shall award contracts to and
make purchases from only responsible contractors. In order to award a
contract, a contracting officer must make an affirmative determination
of responsibility.
(c) A responsible prospective contractor is one who:
(1) Has the financial and logistical resources to perform the
contract;
(2) Has the necessary organization, experience, and technical
ability to perform the contract;
(3) Is able to comply with the delivery and performance schedules
established by the Office of Inspector General;
(4) Has a satisfactory performance record (although a lack of
relevant performance history shall not disqualify a prospective
contractor from award);
(5) Has a satisfactory record of integrity and business ethics;
and,
(6) Is otherwise qualified and eligible to receive an award under
applicable federal laws and regulations.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012-2941 Filed 2-8-12; 8:45 am]
BILLING CODE 7710-12-P
