Federal Acquisition Regulation; Contracting Officer's Representative, 37675-37676 [2013-14611]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations
responsibility determination or evaluation of
past performance; and
(3) If this is an award-fee contract, the
Contractor’s failure to comply with the
requirements of this clause shall be
considered in the evaluation of the
Contractor’s performance during the relevant
evaluation period, and the Contracting
Officer may treat such failure to comply as
a basis for reducing or denying award fees for
such period or for recovering all or part of
award fees previously paid for such period.
(e) Rule of construction. The duty of the
Contractor to comply with the requirements
of this clause shall not be reduced or
diminished by the failure of a higher- or
lower-tier Contractor or subcontractor to
comply with the clause requirements or by a
failure of the contracting activity to provide
required oversight.
(f) Subcontracts. The Contractor shall
include the substance of this clause,
including this paragraph (f), in all
subcontracts that will be performed in areas
of—
(1) DoD contracts only: Contingency
operations, combat operations, as designated
by the Secretary of Defense, or other
significant military operations, as designated
by the Secretary of Defense upon agreement
of the Secretary of State; or
(2) Non-DoD contracts: Combat operations,
as designated by the Secretary of Defense, or
other significant military operations, upon
agreement of the Secretaries of Defense and
State that the clause applies in that area.
(End of clause)
6. Amend section 52.244–6 by—
■ a. Revising the date of the clause;
■ b. Redesignating paragraph (c)(1)(ix)
as paragraph (c)(1)(x); and
■ c. Adding a new paragraph (c)(1)(ix).
The revised and added text reads as
follows:
■
52.244–6
Items.
*
*
Subcontracts for Commercial
*
*
*
Subcontracts for Commercial Items
(Jul 2013)
*
*
*
*
*
TKELLEY on DSK3SPTVN1PROD with RULES2
(c)(1) * * *
(ix) 52.225–26, Contractors Performing
Private Security Functions Outside the
United States Jul 2013) (Section 862, as
amended, of the National Defense
Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
*
*
*
*
*
[FR Doc. 2013–14610 Filed 6–20–13; 8:45 am]
BILLING CODE 6820–EP–P
VerDate Mar<15>2010
18:42 Jun 20, 2013
Jkt 229001
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1 and 7
[FAC 2005–67; FAR Case 2013–004; Item
II; Docket 2013–0004, Sequence 1]
RIN 9000–AM52
Federal Acquisition Regulation;
Contracting Officer’s Representative
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
ACTION:
Final rule.
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
improve contract surveillance by
clarifying the contracting officer’s
representative (COR) responsibilities.
SUMMARY:
DATES:
Effective Date: July 22, 2013.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are issuing a
final rule to improve contract
surveillance by clarifying the COR
responsibilities in FAR 1.602–2(d). In
addition, a corresponding change is also
made at FAR 7.104(e).
This case originated from a DoD Panel
on Contracting Integrity
recommendation. The DoD Panel on
Contracting Integrity, an internal DoD
panel, consists of senior-level DoD
officials from across DoD working to
review progress made by DoD to
eliminate areas of vulnerability of the
defense contracting system that allow
fraud, waste, and abuse to occur, and
recommend changes in law, regulations,
and policy to eliminate the areas of
vulnerability. In order to improve the
contracting environment, this rule
provides additional explanation in the
FAR to ensure that CORs understand
their duties and responsibilities to
survey contractor performance.
Frm 00009
Fmt 4701
Sfmt 4700
Publication of proposed regulations,
41 U.S.C. 1707, is the statute which
applies to the publication of the Federal
Acquisition Regulation. Paragraph (a)(1)
of the statute requires that a
procurement policy, regulation,
procedure, or form (including an
amendment or modification thereof)
must be published for public comment
if it has either a significant effect
beyond the internal operation
procedures of the agency issuing the
policy, regulation, procedure, or form or
has a significant cost or administrative
impact on contractors or offerors. This
final rule is not required to be published
for public comment because it only
involves internal Government
procedures regarding the appointment
of CORs and the clarification of COR
responsibilities. This rule does not have
a significant effect beyond the internal
operation procedures of the agency
issuing the policy, regulation,
procedure, or form, and there is no
significant cost or administrative impact
on contractors or offerors.
III. Executive Orders 12866 and 13563
Mr.
Michael O. Jackson, Procurement
Analyst, at 202–208–4949, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAC 2005–67, FAR Case 2013–004.
PO 00000
37675
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision and 41 U.S.C. 1707 does
not require publication for public
comment.
V. Paperwork Reduction Act
The final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
E:\FR\FM\21JNR2.SGM
21JNR2
37676
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations
List of Subjects in 48 CFR Parts 1
and 7
Government procurement.
Dated: June 13, 2013.
William Clark,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 1 and 7 as set forth
below:
■ 1. The authority citation for 48 CFR
parts 1 and 7 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
PART 7—ACQUISITION PLANNING
2. Amend section 1.602–2 by—
a. Removing from the end of
paragraph (b) ‘‘and’’;
■ b. Removing from paragraph (c) ‘‘.’’
and adding ‘‘; and’’ in its place; and
■ c. Revising paragraph (d) to read as
follows:
■
■
1.602–2
TKELLEY on DSK3SPTVN1PROD with RULES2
3. Amend section 7.104 by revising
paragraph (e) to read as follows:
■
7.104
*
*
*
*
(d) Designate and authorize, in
writing and in accordance with agency
procedures, a contracting officer’s
representative (COR) on all contracts
and orders other than those that are
firm-fixed price, and for firm-fixed-price
contracts and orders as appropriate,
unless the contracting officer retains
and executes the COR duties. See
7.104(e). A COR—
(1) Shall be a Government employee,
unless otherwise authorized in agency
regulations;
(2) Shall be certified and maintain
certification in accordance with the
current Office of Management and
Budget memorandum on the Federal
Acquisition Certification for Contracting
Officer Representatives (FAC–COR)
guidance, or for DoD, in accordance
with the current applicable DoD policy
guidance;
(3) Shall be qualified by training and
experience commensurate with the
responsibilities to be delegated in
accordance with agency procedures;
(4) May not be delegated
responsibility to perform functions that
have been delegated under 42.202 to a
contract administration office, but may
be assigned some duties at 42.302 by the
contracting officer;
(5) Has no authority to make any
commitments or changes that affect
price, quality, quantity, delivery, or
other terms and conditions of the
contract nor in any way direct the
contractor or its subcontractors to
VerDate Mar<15>2010
18:42 Jun 20, 2013
Jkt 229001
General procedures.
*
Responsibilities.
*
operate in conflict with the contract
terms and conditions;
(6) Shall be nominated either by the
requiring activity or in accordance with
agency procedures; and
(7) Shall be designated in writing,
with copies furnished to the contractor
and the contract administration office—
(i) Specifying the extent of the COR’s
authority to act on behalf of the
contracting officer;
(ii) Identifying the limitations on the
COR’s authority;
(iii) Specifying the period covered by
the designation;
(iv) Stating the authority is not
redelegable; and
(v) Stating that the COR may be
personally liable for unauthorized acts.
*
*
*
*
(e) The planner shall ensure that a
COR is nominated as early as
practicable in the acquisition process by
the requirements official or in
accordance with agency procedures.
The contracting officer shall designate
and authorize a COR as early as
practicable after the nomination. See
1.602–2(d).
[FR Doc. 2013–14611 Filed 6–20–13; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 4, 8, 9, 12, 13, 16, 17,
18, 19, 22, 25, 26, 28, 32, 44, and 52
[FAC 2005–67; FAR Case 2012–033; Item
III; Docket 2012–0033, Sequence 1]
RIN 9000–AM51
Federal Acquisition Regulation;
System for Award Management Name
Change, Phase 1 Implementation
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
reflect the joining of the Central
Contractor Registration (CCR), Online
SUMMARY:
PO 00000
Frm 00010
Fmt 4701
Sfmt 4700
Representations and Certification
Application (ORCA), and Excluded
Parties List System (EPLS) databases
into the System for Award Management
(SAM) database.
DATES: Effective Date: July 22, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Curtis E. Glover, Sr., Procurement
Analyst, at 202–501–1448, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAC 2005–67, FAR Case 2012–033.
SUPPLEMENTARY INFORMATION:
I. Background
The E-Government Act of 2002 (Pub.
L. 107–347) was enacted in an effort to
improve the management and
promotion of electronic Government
services and processes. The Act
established a framework of measures
that require using Internet-based
information technology to improve
citizen access to Government
information and services. GSA has
embraced the intent of the Act by
consolidating the Government-wide
acquisition and award support systems
into SAM. SAM is an information
system tool that streamlines the Federal
acquisition business processes by acting
as a single authoritative data source for
vendor, contract award, and reporting
information, thereby eliminating the
need to enter multiple sites and perform
duplicative data entry. SAM
consolidates hosting to improve the
efficiency of doing business with the
Government.
GSA began implementation of Phase 1
of SAM on July 29, 2012. Phase 1
combined the functional capabilities of
the CCR, ORCA, and EPLS applications
into the SAM database. Upon
implementation, the pre-existing
applications were retired, and all
requirements for entity registration,
representations and certifications, and
exclusions are now accomplished via
SAM. This final rule amends the FAR
by updating references and names to
conform to the SAM designation. This
final rule also makes a number of minor
additional conforming changes, such as
updates to definitions.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
statute which applies to the publication
of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute requires
that a procurement policy, regulation,
procedure, or form (including an
E:\FR\FM\21JNR2.SGM
21JNR2
]]>Agencies
[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Rules and Regulations]
[Pages 37675-37676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14611]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1 and 7
[FAC 2005-67; FAR Case 2013-004; Item II; Docket 2013-0004, Sequence 1]
RIN 9000-AM52
Federal Acquisition Regulation; Contracting Officer's
Representative
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to improve contract surveillance
by clarifying the contracting officer's representative (COR)
responsibilities.
DATES: Effective Date: July 22, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement
Analyst, at 202-208-4949, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-67, FAR Case 2013-
004.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are issuing a final rule to improve contract
surveillance by clarifying the COR responsibilities in FAR 1.602-2(d).
In addition, a corresponding change is also made at FAR 7.104(e).
This case originated from a DoD Panel on Contracting Integrity
recommendation. The DoD Panel on Contracting Integrity, an internal DoD
panel, consists of senior-level DoD officials from across DoD working
to review progress made by DoD to eliminate areas of vulnerability of
the defense contracting system that allow fraud, waste, and abuse to
occur, and recommend changes in law, regulations, and policy to
eliminate the areas of vulnerability. In order to improve the
contracting environment, this rule provides additional explanation in
the FAR to ensure that CORs understand their duties and
responsibilities to survey contractor performance.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
Publication of proposed regulations, 41 U.S.C. 1707, is the statute
which applies to the publication of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute requires that a procurement policy,
regulation, procedure, or form (including an amendment or modification
thereof) must be published for public comment if it has either a
significant effect beyond the internal operation procedures of the
agency issuing the policy, regulation, procedure, or form or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment
because it only involves internal Government procedures regarding the
appointment of CORs and the clarification of COR responsibilities. This
rule does not have a significant effect beyond the internal operation
procedures of the agency issuing the policy, regulation, procedure, or
form, and there is no significant cost or administrative impact on
contractors or offerors.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision and 41
U.S.C. 1707 does not require publication for public comment.
V. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
[[Page 37676]]
List of Subjects in 48 CFR Parts 1 and 7
Government procurement.
Dated: June 13, 2013.
William Clark,
Acting Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1 and 7 as set
forth below:
0
1. The authority citation for 48 CFR parts 1 and 7 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
2. Amend section 1.602-2 by--
0
a. Removing from the end of paragraph (b) ``and'';
0
b. Removing from paragraph (c) ``.'' and adding ``; and'' in its place;
and
0
c. Revising paragraph (d) to read as follows:
1.602-2 Responsibilities.
* * * * *
(d) Designate and authorize, in writing and in accordance with
agency procedures, a contracting officer's representative (COR) on all
contracts and orders other than those that are firm-fixed price, and
for firm-fixed-price contracts and orders as appropriate, unless the
contracting officer retains and executes the COR duties. See 7.104(e).
A COR--
(1) Shall be a Government employee, unless otherwise authorized in
agency regulations;
(2) Shall be certified and maintain certification in accordance
with the current Office of Management and Budget memorandum on the
Federal Acquisition Certification for Contracting Officer
Representatives (FAC-COR) guidance, or for DoD, in accordance with the
current applicable DoD policy guidance;
(3) Shall be qualified by training and experience commensurate with
the responsibilities to be delegated in accordance with agency
procedures;
(4) May not be delegated responsibility to perform functions that
have been delegated under 42.202 to a contract administration office,
but may be assigned some duties at 42.302 by the contracting officer;
(5) Has no authority to make any commitments or changes that affect
price, quality, quantity, delivery, or other terms and conditions of
the contract nor in any way direct the contractor or its subcontractors
to operate in conflict with the contract terms and conditions;
(6) Shall be nominated either by the requiring activity or in
accordance with agency procedures; and
(7) Shall be designated in writing, with copies furnished to the
contractor and the contract administration office--
(i) Specifying the extent of the COR's authority to act on behalf
of the contracting officer;
(ii) Identifying the limitations on the COR's authority;
(iii) Specifying the period covered by the designation;
(iv) Stating the authority is not redelegable; and
(v) Stating that the COR may be personally liable for unauthorized
acts.
PART 7--ACQUISITION PLANNING
0
3. Amend section 7.104 by revising paragraph (e) to read as follows:
7.104 General procedures.
* * * * *
(e) The planner shall ensure that a COR is nominated as early as
practicable in the acquisition process by the requirements official or
in accordance with agency procedures. The contracting officer shall
designate and authorize a COR as early as practicable after the
nomination. See 1.602-2(d).
[FR Doc. 2013-14611 Filed 6-20-13; 8:45 am]
BILLING CODE 6820-EP-P
