Streamlining of DOJ Acquisition Regulations (JAR), 58526-58550 [2021-21844]

Agencies

• Department of Justice

[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Proposed Rules]
[Pages 58526-58550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21844]



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Vol. 86

Thursday,

No. 201

October 21, 2021

Part V





Department of Justice





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48 CFR Chapter 28





Streamlining of DOJ Acquisition Regulations (JAR); Proposed Rule

Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / 
Proposed Rules

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DEPARTMENT OF JUSTICE

48 CFR Chapter 28

[Docket No. JMD 155]
RIN 1105-AB54


Streamlining of DOJ Acquisition Regulations (JAR)

AGENCY: Justice Management Division, Department of Justice.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Justice is proposing to revise the Justice 
Acquisition Regulations (JAR), in its entirety in order to update and 
streamline agency procurement actions consistent with the Federal 
Acquisition Reform Act, and the Federal Acquisition Streamlining Act. 
The JAR supplements the executive branch-wide Federal Acquisition 
Regulations (FAR) to address matters specific to the Department of 
Justice relating to its procurement of goods and services. It covers 
mostly internal policies and procedures, but also includes some rules 
governing private entities doing business with the Department.

DATES: Electronic comments must be submitted and written comments must 
be postmarked or otherwise indicate a shipping date on or before 
December 20, 2021.

ADDRESSES: If you wish to provide comment regarding this rulemaking, 
you must submit comments, identified by the agency name and reference 
Docket No. JMD 155, by one of the two methods below.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the website instructions for submitting comments. The electronic 
Federal Docket Management System at www.regulations.gov will accept 
electronic comments until 11:59 p.m. Eastern Time on the comment due 
date.
     Mail: Paper comments that duplicate an electronic 
submission are unnecessary. If you wish to submit a paper comment in 
lieu of electronic submission, please direct the mail/shipment to: Tara 
M. Jamison, Director, Office of Acquisition Management, 145 N Street 
NE, Room 8W.210, Washington, DC 20530. To ensure proper handling, 
please reference the agency name and Docket No. JMD 155 on your 
correspondence. Mailed items must be postmarked or otherwise indicate a 
shipping date on or before the submission deadline.

FOR FURTHER INFORMATION CONTACT: Tara M. Jamison, Director, Office of 
Acquisition Management, Justice Management Division, 145 N Street NE, 
Room 8W.210, Washington, DC 20530, (202) 616-3754 (not a toll-free 
call).

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of this 
rule via the one of the methods and by the deadline stated above. All 
comments must be submitted in English, or accompanied by an English 
translation. The Department of Justice (Department) also invites 
comments that relate to the economic, environmental, or federalism 
effects that might result from this rule. Comments that will provide 
the most assistance to the Department in developing these procedures 
will reference a specific portion of the rule, explain the reason for 
any recommended change, and include data, information, or authority 
that support such recommended change.
    Please note that all comments received are considered part of the 
public record and made available for public inspection at 
www.regulations.gov. Such information includes personally identifying 
information (PII) (such as your name, address, etc.). Interested 
persons are not required to submit their personally identifying 
information in order to comment on this rule. However, any PII that is 
submitted is subject to being posted to the publicly-accessible 
www.regulations.gov site without redaction.
    Confidential business information identified and located as set 
forth above will not be placed in the public docket file. The 
Department may withhold from public viewing information provided in 
comments that they determine may impact the privacy of an individual or 
is offensive. For additional information, please read the Privacy Act 
notice that is available via the link in the footer of 
www.regulations.gov. To inspect the agency's public docket file in 
person, you must make an appointment with the agency. Please see the 
FOR FURTHER INFORMATION CONTACT section above for agency contact 
information.

II. Discussion

A. Background--The FAR, the OFPP Act, and the JAR

    When Federal agencies acquire supplies or services using 
appropriated funds, the purchase is governed by the Federal Acquisition 
Regulations (FAR), set forth at title 48 of the CFR, chapter 1, parts 1 
through 53, and any agency regulations that implement or supplement the 
FAR.
    The Office of Federal Procurement Policy Act (OFPP), as codified in 
41 U.S.C. 1707, provides the authority for an agency to issue 
acquisition regulations that implement or supplement the FAR. This 
authority ensures that Government procurements are handled fairly and 
consistently, that the Government receives overall best value, and that 
the Government and contractors both operate under a known set of rules.
    The Justice Acquisition Regulations (JAR) are set forth at title 48 
CFR, chapter 28, parts 2801 through 2852, and provide procurement 
regulations that supplement the FAR to address matters specific to the 
Department of Justice (``the Department'' or ``DOJ'') relating to its 
acquisition of goods and services. As such, the JAR covers only those 
areas where agency implementation is required by the FAR, or where DOJ 
policies and procedures exist that supplement FAR coverage.

B. Purpose of the Proposed Regulatory Action

    The revisions proposed in this rule will, when finalized, align 
internal departmental guidance in the JAR with the FAR and remove 
outdated and duplicative requirements. The revisions will revise the 
existing regulation promulgated at 63 FR 16118-01 on April 2, 1998, 
corrected at 63 FR 26738-01, May 14, 1998, and amended at 64 FR 37044-
01, July 9, 1999 (together, the ``current regulation''). Among other 
things, the revisions will: (1) Update definitions and descriptions, 
(2) streamline certain sections, (3) remove extraneous procedural 
information that applies only to DOJ's internal operating procedures, 
(4) delete outdated information, (5) incorporate new regulatory 
sections to align with internal bureau procedures as appropriately 
contained in DOJ policy orders and policy instructions, and (6) 
simplify other parts for efficiency.
    This rulemaking effort creates an efficient JAR that is more 
straightforward and less burdensome. The revised JAR will supersede the 
current regulation in its entirety.

C. Relation of the FAR to the JAR

    The FAR contains many requirements related to agency procedures, 
which will not be repeated in DOJ's revision of the JAR. If the JAR 
does not include provisions supplementing the FAR under the 
corresponding part or subpart, it is because the FAR language is 
considered sufficient. Where the JAR states ``in accordance with bureau 
procedures'' or ``in accordance with agency procedures,'' this does not 
mean

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that the bureau or the agency must have a procedure. It is intended 
that the bureau or agency procedures are to be followed if they exist, 
but does not mean that the bureau or the agency necessarily has a 
formal written procedure. Where neither the JAR nor bureau procedures 
address a FAR subject, the FAR guidance is to be followed. The JAR is 
not a complete system of regulations and must be used in conjunction 
with the FAR.

D. Summary of Noteworthy Changes

    Most of the proposed changes to 48 CFR chapter 28 relate to 
internal Department policies and procedures that do not impact the 
public. For example, the revisions identify the individuals within the 
Department who will exercise particular responsibilities set forth in 
the FAR, and whether such responsibilities may be delegated. There are, 
however, two provisions that impact the public. Part 2833 contains 
revisions to the process for filing and deciding agency protests of 
procurement decisions. In addition, the proposed revisions include a 
new section 2852.212-4, which is a FAR deviation that sets forth 
certain terms and conditions that will apply to all software licenses.

E. Other Changes and Effect on Non-Department Entities

    While most of the changes to the JAR proposed by this rule relate 
to internal policies and procedures, some changes govern matters 
relating to private entities selling goods or services to the 
Department. In particular, the proposed rule includes changes related 
to the filing and deciding of procurement protests filed with the 
Department, and also includes a FAR deviation that establishes certain 
terms and conditions that will be incorporated in all software licenses 
with the Department.
    Some subparts/subsections that are being removed addressed matters 
that are now addressed in new subparts/subsections with different 
numbering, while some subparts/subsections are being removed 
altogether. The removal of sub-parts as proposed by this rule merely 
eliminates from the JAR provisions that are either already in the FAR 
or that only pertain to internal policy guidance. None of the subparts 
or subsections being removed altogether addressed matters affecting 
persons or entities external to the Department. To the extent matters 
addressed in such removed subpart/subsections are incorporated into 
internal Department guidance documents, this will not affect persons or 
entities external to the Department.
    Attached to this proposed rule is an Appendix that lists the 
sections of the JAR that are being proposed for removal and/or 
renaming. The Appendix will not be codified.

III. Regulatory Certifications

Executive Orders 12866, and 13563--Regulatory Review

    This regulation has been drafted and reviewed in accordance with 
Executive Orders 12866 and 13563. This rule is primarily limited to 
agency organization, management and personnel as described by Executive 
Order 12866, section 3(d)(3) and, therefore, is not a ``regulation'' as 
defined by that Executive order. Accordingly, this action has not been 
reviewed by the Office of Management and Budget.
    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives. JMD has 
examined the economic, budgetary, and policy implications of its 
regulatory action, and has determined that the impact on the public is 
minimal. The regulation mainly relates to internal Department policies 
and procedures that do not impact the public.

Regulatory Flexibility Act

    The Attorney General in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it 
certifies that it will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
proposed rule applies primarily to DOJ internal operating procedures 
and would generally be business neutral. DOJ estimates that no cost 
impact would result from this rule update for individual business.

Executive Order 13132--Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12988--Civil Justice Reform

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal Governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This proposed rule would have no such 
effect on State, local, and tribal Governments or on the private 
sector.

Congressional Review Act

    This rule is not a major rule as defined by the Congressional 
Review Act, 5 U.S.C. 804. This rule will not result in an annual effect 
on the economy of $100,000,000 or more; a major increase in costs or 
prices; or significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based companies to compete with foreign-based companies in 
domestic and export markets.
    The Justice Management Division has determined that this action is 
a rule relating primarily to agency organization, procedure or practice 
that does not substantially affect the rights or obligations of non-
agency parties, and, accordingly, is not a ``rule'' as that term is 
used by the Congressional Review Act. Therefore, the reporting 
requirement of 5 U.S.C. 801 does not apply.

Paperwork Reduction Act

    This rule imposes no information collection or recordkeeping 
requirements.

Signing Authority

    In accordance with Paragraph 8 of Attorney General Order 1687-93, 
the undersigned is authorized to sign and submit this document to the 
Office of the Federal Register for publication electronically as an 
official document of the Department of Justice.

List of Subjects

48 CFR Parts 2801, 2802, 2805, 2806, 2807, 2808, 2809, 2810, 2811, 
2812, 2813, 2814, 2815, 2816, 2817, 2819, 2827, 2834, 2836, 2837, 2845, 
2850, and 2852

    Government procurement.

48 CFR Part 2803

    Conflict of interest, Government procurement.

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48 CFR Part 2804

    Classified information, Government procurement, Reporting and 
recordkeeping requirements.

48 CFR Part 2822

    Government procurement, Individuals with disabilities.

48 CFR Part 2823

    Environmental protection, Government procurement.

48 CFR Part 2825

    Foreign currencies, Foreign trade, Government procurement.

48 CFR Part 2828

    Government procurement, Insurance, Surety bonds.

48 CFR Part 2829

    Government procurement, Taxes.

48 CFR Parts 2830, 2831, and 2832

    Accounting, Government procurement.

48 CFR Part 2833

    Administrative practice and procedure, Government procurement.

48 CFR Part 2839

    Computer technology, Government procurement.

48 CFR Part 2841

    Government procurement, Reporting and recordkeeping requirements, 
Utilities.

48 CFR Part 2842

    Accounting, Freight, Government procurement, Reporting and 
recordkeeping requirements.

48 CFR Part 2846

    Government procurement, Reporting and recordkeeping requirements, 
Warranties.

48 CFR Parts 2848 and 2849

    Government procurement, Reporting and recordkeeping requirements.

    Accordingly, for the reasons set out in the preamble, chapter 28 of 
title 48 of the CFR is proposed to be revised to read as follows:

CHAPTER 28--DEPARTMENT OF JUSTICE

Subchapter A--General

Part 2801--Department of Justice Acquisition Regulation System
Part 2802--Definitions of Words and Terms
Part 2803--Improper Business Practices and Personal Conflicts of 
Interest
Part 2804--Administrative Matters

Subchapter B--Competition and Acquisition Planning

Part 2805--Publicizing Contract Actions
Part 2806--Competition Requirements
Part 2807--Acquisition Planning
Part 2808--Required Sources of Supplies and Services
Part 2809--Contractor Qualifications
Part 2810--Market Research
Part 2811--Describing Agency Needs
Part 2812--Acquisition of Commercial Items

Subchapter C--Contracting Methods and Contract Types

Part 2813--Simplified Acquisition Procedures
Part 2814--Sealed Bidding
Part 2815--Contracting by Negotiation
Part 2816--Types of Contracts
Part 2817--Special Contracting Methods

Subchapter D--Socioeconomic Programs

Part 2819--Small Business Programs
Part 2822--Application of Labor Laws to Government Acquisitions
Part 2823--Environment, Energy and Water Efficiency, Renewable 
Energy Technologies, Occupational Safety, and Drug-Free Workplace
Part 2825--Foreign Acquisition

Subchapter E--General Contracting Requirements

Part 2827--Patents, Data, and Copyrights
Part 2828--Bonds and Insurance
Part 2829--Taxes
Part 2830--Cost Accounting Standards Administration
Part 2831--Contract Cost Principles and Procedures
Part 2832--Contract Financing
Part 2833--Protests, Disputes, and Appeals

Subchapter F--Special Categories of Contracting

Part 2834--Major System Acquisition
Part 2836--Construction and Architect-Engineer Contracts
Part 2837--Service Contracting
Part 2839--Acquisition of Information Technology
Part 2841--Acquisition of Utility Services

Subchapter G--Contract Management

Part 2842--Contract Administration and Audit Services
Part 2845--Government Property
Part 2846--Quality Assurance
Part 2848--Value Engineering
Part 2849--Termination of Contracts
Part 2850--Extraordinary Contractual Actions and the Safety Act

Subchapter H--Clauses and Forms

PART 2852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subchapter A--General

PART 2801--DEPARTMENT OF JUSTICE ACQUISITION REGULATION SYSTEM

Subpart 2801.1--Purpose, Authority, Issuance

Sec.
2801.101 Purpose.
2801.105 Issuance.
2801.105-2 Arrangement of regulation.
2801.106 OMB approval under the Paperwork Reduction Act.
Subpart 2801.3--Agency Acquisition Regulations
2801.304 Agency control and compliance procedures.
Subpart 2801.4--Deviations from the FAR and JAR
2801.403 Individual deviations.
2801.404 Class deviations.
2801.404-70 Requests for class deviations.
Subpart 2801.6--Career Development, Contracting Authority, and 
Responsibilities
2801.601 General.
2801.604 Contracting Officer's Representative (COR).

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2801--DEPARTMENT OF JUSTICE ACQUISITION REGULATION SYSTEM

Subpart 2801.1--Purpose, Authority, Issuance


2801.101  Purpose.

    (a) The Justice Acquisition Regulation (JAR) provides agency 
guidance, in accordance with Federal Acquisition Regulation (FAR) 
1.301(a)(2), and establishes, in this chapter, procurement regulations 
that supplement the FAR, 48 Code of Federal Regulations (CFR) chapter 
1, and must be utilized conjunction with the FAR.
    (b)(1) The JAR contains Department of Justice (DOJ) policies that 
govern DOJ's acquisition process or otherwise control acquisition 
relationships between DOJ's contracting activities and contractors. The 
JAR contains -
    (i) Requirements of law;
    (ii) Deviations from the FAR requirements; and
    (iii) Policies that either have a significant effect beyond the 
internal procedures of DOJ or a significant cost or administrative 
impact on contractors or offerors.
    (2) Relevant internal DOJ policies, procedures, guidance, and 
information not meeting the criteria in paragraph (b)(1) of this 
section are issued by DOJ in other announcements, internal policies, 
procedures, or guidance.


2801.105  Issuance.


2801.105-2  Arrangement of regulation.

    The JAR is subdivided into parts, which correspond to FAR parts. 
The numbering system permits the discrete identification of every JAR 
paragraph. This numbering system permits immediate identification of 
each JAR part with coverage of the same subject matter and same 
numbering system as

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in the FAR. Supplementary material for which there is no counterpart in 
the FAR is identified by a numerical suffix of 70 or higher in the 
final position of the reference number.
[GRAPHIC] [TIFF OMITTED] TP21OC21.000

2801.106  OMB approval under the Paperwork Reduction Act.

    The Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35) and the 
Office of Management and Budget's (OMB) implementing regulations at 5 
CFR part 1320, require that reporting and recordkeeping requirements 
affecting ten (10) or more members of the public be cleared by OMB. The 
OMB control number for the collection of information under this chapter 
is 1103-0018.

Subpart 2801.3--Agency Acquisition Regulations


2801.304  Agency control and compliance procedures.

    Pursuant to FAR 1.304, the Senior Procurement Executive (SPE) is 
responsible for ensuring that bureau acquisition guidance and 
directives do not restrain the flexibilities found in the FAR. For this 
reason, bureaus shall forward any bureau acquisition guidance to the 
SPE upon issuance. The SPE has the authority to revoke any guidance or 
directive considered restrictive of the regulations found in the FAR.

Subpart 2801.4--Deviations from the FAR and JAR


2801.403  Individual deviations.

    Individual deviations from the FAR or the JAR that affect only one 
contract action shall be approved by the Head of the Contracting 
Activity (HCA) or designee.


2801.404  Class deviations.

    Requests for class deviations from the FAR or JAR shall be 
submitted to the SPE. The SPE will consult with the chairperson of the 
Civilian Agency Acquisition Council (CAAC), as appropriate, and send 
his/her recommendations to the Chief Acquisition Officer (CAO). The CAO 
will grant or deny requests for such deviations. Requests for 
deviations involving basic ordering agreements, master type contracts, 
or situations where multiple awards are made from one solicitation are 
considered to involve more than one contract and, therefore, are 
considered class deviation requests.


2801.404-70   Requests for class deviations.

    Requests for approval of class deviations from the FAR or the JAR, 
for any solicitation that will result in multiple awards, shall be 
forwarded to the SPE. Such requests will be signed by the Bureau 
Procurement Chief (BPC).

Subpart 2801.6--Career Development, Contracting Authority, and 
Responsibilities


2801.601  General.

    (a) In accordance with Attorney General Order 1687-93, the 
authority vested in the Attorney General (AG) with respect to 
contractual actions for goods and services is delegated to the 
following officials to serve as HCAs:
    (1) Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives 
(ATF);
    (2) Director, Bureau of Prisons (BOP);
    (3) Administrator, Drug Enforcement Administration (DEA);
    (4) Director, Federal Bureau of Investigation (FBI);
    (5) Director, Federal Prison Industries (FPI/UNICOR);
    (6) Inspector General, Office of the Inspector General (OIG);
    (7) Assistant Attorney General, Office of Justice Programs (OJP);
    (8) Director, U.S. Marshals Service (USMS); and
    (9) Assistant Attorney General for Administration (AAG/A) (for the 
Offices, Boards, and Divisions).
    (b) The acquisition authority delegated to the officials in 
paragraph (a) of this section may be re-delegated to subordinate 
officials as necessary for the efficient and proper administration of 
the Department's acquisition operations, unless otherwise prohibited by 
the FAR or JAR. Such re-delegated authority shall expressly state 
whether it carries the power of re-delegation of authority.


2801.604  Contracting Officer's Representative (COR).

    Contracting officers may appoint individuals to act as authorized 
representatives in the monitoring and administration of a contract. 
Such officials shall be designated as a Contracting Officer's 
Representative (COR). When a COR is to be designated, contracting 
officers shall include the clause at JAR 2852.201-70 in all contracts. 
A COR's authority is limited to the authority set forth in the subject 
clause.

PART 2802--DEFINITIONS OF WORDS AND TERMS

Subpart 2802.1--Definitions
Sec.
2802.101 Definitions.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

 PART 2802--DEFINITIONS OF WORDS AND TERMS

Subpart 2802.1--Definitions


2802.101   Definitions.

    Throughout this chapter, the following words and terms are used as 
defined in this subpart unless the context in which they appear clearly 
requires a different meaning, or a different definition is prescribed 
for a particular part or portion of a part.
    (a) Agency means the Department of Justice.
    (b) Bureau means contracting activity. (See ``contracting 
activity'' in this subpart.)
    (c) Bureau Procurement Chief or BPC means the supervisory official 
who is directly responsible for supervising, managing, and directing 
all contracting offices of the bureau.
    (d) Cardholder means an individual entrusted with a Government 
Purchase Card.
    (e) Chief Acquisition Officer or CAO means the official appointed 
to assist the head of the agency and other agency officials to ensure 
the mission of the agency is achieved through the

[[Page 58530]]

management of the agency's acquisition activities.
    (f) Chief of the Contracting Office means that supervisory official 
who is directly responsible for supervising, managing and directing a 
contracting office.
    (g) Contracting activity means a component within the Department 
which has been delegated procurement authority to manage contracting 
functions associated with its mission (see 2801.601(a)).
    (h) Department or DOJ means the Department of Justice.
    (i) Head of the Contracting Activity or HCA means those officials 
identified in 2801.601(a) having responsibility for supervising, 
managing, and directing the operations of the contracting activity.
    (j) JAR means the Department of Justice Acquisition Regulation in 
this chapter.
    (k) JMD means the Justice Management Division.
    (l) OIG means DOJ's Office of the Inspector General.
    (m) Suspension and Debarment Official or SDO means the employee 
designated to impose suspension and debarment for the Department of 
Justice.
    (n) Senior Procurement Executive or SPE means the official 
designated to be responsible for management direction of the Department 
of Justice procurement system, including implementation of unique 
procurement policies, regulations, and standards of the Department of 
Justice.

PART 2803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

Subpart 2803.1--Safeguards
Sec.
2803.101 Standards of conduct.
2803.101-3 Agency regulations.
2803.104 Procurement integrity.
2803.104-7 Violations or possible violations.
Subpart 2803.2--Contractor Gratuities to Government Personnel
2803.203 Reporting suspected violations of the Gratuities clause.
2803.204 Treatment of violations.
Subpart 2803.3--Reports of Suspected Antitrust Violations
2803.301 General.
Subpart 2803.4--Contingent Fees
2803.405 Misrepresentation or violations of the Covenant Against 
Contingent Fees.
Subpart 2803.8--Limitations on the Payment of Funds to Influence 
Federal Transactions
2803.806 Processing suspected violations.
Subpart 2803.9--Whistleblower Protections for Contractor Employees
2803.901 Definitions.
2803.905 Procedures for investigating complaints.
2803.906 Remedies.
2803.908 Pilot program for enhancement of contractor employee 
whistleblower protections.
2803.908-70 Whistleblower protection in General Non-Disclosure 
Agreement.
2803.908-71 Whistleblower protection in Intelligence Related Non-
Disclosure Agreement.
Subpart 2803.10--Contractor Code of Business Ethics and Conduct
2803.1004 Contract clauses.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

Subpart 2803.1--Safeguards


2803.101  Standards of conduct.


2803.101-3  Agency regulations.

    The DOJ regulations governing Standards of Conduct are contained in 
5 CFR part 2635.


2803.104  Procurement integrity.


2803.104-7  Violations or possible violations.

    (a) Upon receipt of information regarding a violation or possible 
violation of 41 U.S.C. 2102, 2103, or 2104, the contracting officer 
must make the determination required by FAR 3.104-7(a) and follow the 
procedures prescribed therein.
    (1) Make the determination required by FAR 3.104-7(a) and follow 
the procedures prescribed therein.
    (2) [Reserved]
    (b) The individual referenced in FAR 3.104-7(a)(1) is the BPC.
    (c) The HCA or designee must follow the criteria contained in FAR 
3.104-7(g) when delegating authority under this subpart.
    (d) The HCA or designee shall refer information regarding actual or 
possible violations of section 41 U.S.C. 2102, 2103, or 2014 to the OIG 
or other office designated in Attorney General Order 1931-94.
    (e) If the HCA or designee, after receiving information relating to 
a violation, or possible violation, determines that award or extension 
of a contract potentially affected by the violation is justified by 
urgent and compelling circumstances, or is otherwise in the interest of 
the Government, then the HCA may authorize the contracting officer to 
award or extend the contract after notification to the OIG or other 
office designated in Attorney General Order 1931-94.
    (f) The HCA will advise the contracting officer as to the action to 
be taken. Criminal and civil penalties, and administrative remedies, 
may apply to conduct that violates 41 U.S.C. Chapter 21, see FAR 3.104-
8.
    (g) The contracting officer shall advise the SPE in writing of all 
allegations of violations. The contracting officer must describe the 
alleged violation as well as actions taken.

Subpart 2803.2--Contractor Gratuities to Government Personnel


2803.203  Reporting suspected violations of the Gratuities clause.

    DOJ personnel shall report suspected violations of the gratuities 
clause, FAR 52.203-3, to the contracting officer or chief of the 
contracting office in writing. The report shall clearly state the 
circumstances surrounding the incident, including the nature of the 
gratuity, the time period in which it occurred, the behavior or action 
the gratuity was intended to influence, and the persons involved. The 
contracting officer or chief of the contracting office, after review, 
shall forward the report along with his or her recommendations 
regarding the treatment of the violation in accordance with FAR 
3.204(c) to the HCA, or designee.


2803.204  Treatment of violations.

    (a) The HCA or designee shall determine whether adverse action 
against the contractor in accordance with FAR 3.204(c) may be taken. In 
reaching a decision, the HCA or designee shall consult with the 
contracting activity's legal advisor and the OIG or other office 
designated in Attorney General Order 1931-94.
    (b) The SPE shall be advised of all instances where violations have 
been determined to have occurred and any action taken as a result.
    (c) Prior to taking any action against the contractor, the HCA or 
designee shall allow the contractor the opportunity to present opposing 
arguments in accordance with FAR 3.204(b).

Subpart 2803.3--Reports of Suspected Antitrust Violations


2803.301  General.

    DOJ personnel shall report suspected antitrust violations to the 
Attorney General (AG) through the Assistant Attorney General (AAG) for 
the Antitrust Division (ATR).
    (a) The report for the AG shall be addressed to: Attorney General,

[[Page 58531]]

Attention: AAG/ATR, U.S. Department of Justice, 950 Pennsylvania Avenue 
NW, Washington, DC 20530.
    (b) The report shall include:
    (1) A brief statement describing the suspected practice and the 
reason for the suspicion; and
    (2) The name, address, and telephone number of an individual in the 
agency who can be contacted for further information.

Subpart 2803.4--Contingent Fees


2803.405  Misrepresentations or violations of the Covenant Against 
Contingent Fees.

    Employees who suspect, or have evidence of, violations by a 
contractor of the Covenant Against Contingent Fees, see FAR subpart 
3.4, must report the matter to the contracting officer or appropriate 
higher authority, in accordance with agency procedures. Employees who 
suspect or have evidence of fraudulent or criminal activities must 
report the matter to the SPE and the OIG.

Subpart 2803.8--Limitations on the Payment of Funds to Influence 
Federal Transactions


2803.806  Processing suspected violations.

    Evidence of suspected violations of 31 U.S.C. 1352, Limitation on 
the Use of Appropriated Funds to Influence Certain Federal Contracting 
and Financial Transactions, may be submitted in accordance with agency 
procedures to the SPE and the OIG or other office designated in 
Attorney General Order 1931-94.

Subpart 2803.9--Whistleblower Protections for Contractor Employees


2803.901  Definitions.

    As used in this subpart--
    Covered Individual is defined as an employee of a contractor at any 
tier required by the Department to sign a Non-Disclosure Agreement 
(NDA), whether the NDA is directly between the Covered Individual and 
the Department or between the Covered Individual and a contractor, and 
whether the NDA is required by a contract or otherwise (e.g., pursuant 
to a vendor demonstration, product trial, market research effort, or 
other non-contract efforts).
    General NDA means an NDA, other than an Intelligence-Related NDA, 
required by the Department to be signed by a Covered Individual.
    Intelligence-Related NDA means any NDA required by the Department 
to be signed by a Covered Individual who is connected with the conduct 
of an intelligence or intelligence-related activity.
    Non-Disclosure Agreement means any nondisclosure or confidentiality 
agreement, policy, or form, including the agreements in Standard Forms 
312 (Classified Information Nondisclosure Agreement) and 4414 
(Sensitive Compartmented Information Nondisclosure Agreement).


2803.905  Procedures for investigating complaints.

    (a) Upon receipt of a complaint filed pursuant to FAR 3.904, the 
Inspector General shall conduct an investigation and provide a written 
report of findings to the HCA, or designee.
    (b) The HCA or designee will ensure that the Inspector General 
provides the report of finding to the individuals and entities 
specified in FAR 3.905(c).
    (c) The complainant and contractor shall be afforded the 
opportunity to submit to the HCA or designee a written response to the 
report of findings within 30 days of receipt of the report. The HCA or 
designee may grant extensions of time to file a written response.
    (d) The HCA or designee may request that the Inspector General 
conduct additional investigative work on the complaint at any time.


2803.906  Remedies.

    (a) Upon determination that a contractor has subjected one of its 
employees to a reprisal for providing information as set forth in FAR 
3.906(a), the HCA or designee may take one or more actions specified in 
FAR 3.906(a).
    (b) Whenever a contractor fails to comply with an order issued 
pursuant to FAR 3.906(a), the HCA or designee shall notify the Attorney 
General and request that DOJ file an action for enforcement of such 
order in the United States District Court.


2803.908  Pilot program for enhancement of contractor employee 
whistleblower protections.


2803.908-70  Whistleblower protection in General Non-Disclosure 
Agreement.

    The contracting officer shall ensure that any General NDA that DOJ 
requires a Covered Individual to sign contains the required 
Whistleblower Protection Provision at JAR 2852.203-70.


2803.908-71  Whistleblower protection in Intelligence-Related Non-
Disclosure Agreement.

    The contracting officer shall ensure that any Intelligence-Related 
NDA that DOJ requires a Covered Individual to sign contains the 
required Whistleblower Protection Provision at JAR 2852.203-71.

Subpart 2803.10--Contractor Code of Business Ethics and Conduct


2803.1004  Contract clauses.

    The information required to be inserted in the clause at FAR 
52.203-14, Display of Hotline Poster(s), is the following:

Office of the Inspector General, Fraud Detection Office, Attn: 
Poster Request, U.S. Department of Justice, 950 Pennsylvania Avenue 
NW, Washington, DC20530

PART 2804--ADMINISTRATIVE MATTERS

Subpart 2804.4--Safeguarding Classified Information Within Industry
Sec.
2804.402 General.
2804.402-70 Contractor personnel security program.
Subpart 2804.9--Taxpayer Identification Number Information
2804.901 Definitions.
2804.903 Reporting contract information to the IRS.
2804.903-70 Reporting contract information.
2804.903-71 Special reporting exceptions.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2804--ADMINISTRATIVE MATTERS

Subpart 2804.4--Safeguarding Classified Information Within Industry


2804.402  General.

    Classified acquisitions or contracts, which require access to 
classified material, as defined in FAR 4.402, for their performance 
shall be subject to the policies, procedures, and instructions 
contained in departmental regulations and shall be processed in a 
manner consistent with those regulations. Contractors at all tiers are 
required to comply with all such policies, procedures, and 
instructions.


2804.402-70  Contractor personnel security program.

    It is DOJ policy that all acquisitions which allow unescorted 
contractor access to Government facilities or sensitive information 
contain, as appropriate, requirements for appropriate personnel 
security screening by the contractor. To the maximum extent 
practicable, contractors shall be made responsible for the performance 
of personnel security screening. The personnel security screening may 
vary from one acquisition to another, depending upon the type, context, 
duration and location of the work to be performed. Classified contracts 
are exempted from the

[[Page 58532]]

requirements of this section because they are governed by the 
requirements of Executive Order 12829 (January 6, 1993).

Subpart 2804.9--Taxpayer Identification Number Information


2804.901  Definitions.

    Classified contract, as used in this subpart, means a contract 
whose existence or subject matter has been designated and clearly 
marked or clearly represented, pursuant to the provisions of Federal 
law or an Executive order, as requiring protection against unauthorized 
disclosure for reasons of national security.
    Confidential contract, as used in this subpart, means a contract, 
the reporting of which to the Internal Revenue Service (IRS) as 
required under 26 U.S.C. 6050M, would interfere with the effective 
conduct of a confidential law enforcement activity, such as contracts 
for sites for undercover operations or contracts with informants, or 
foreign counterintelligence activity.


2804.903  Reporting contract information to the IRS.


2804.903-70  Reporting contract information.

    (a) Pursuant to FAR 4.903, the HCA or designee shall certify to the 
SPE, in the format specified in this section, that such official has 
examined the information submitted by that bureau as its Federal 
Procurement Data System (FPDS) data, that the data has been prepared 
pursuant to the requirements of 26 U.S.C. 6050M, and that, to the best 
of such official's knowledge and belief, it is compiled from bureau 
records maintained in the normal course of business for the purpose of 
making a true, correct, and complete return as required by 26 U.S.C. 
6050M.
    (b) The following certification will be signed and dated by the HCA 
or designee and submitted with each bureau's annual FPDS report.

Certification

    I, ________(Name), ________(Title) have examined the information to 
be submitted by ________(Bureau) to the DOJ Senior Procurement 
Executive, for making information returns on behalf of the Department 
of Justice to the Internal Revenue Service, and certify that this 
information has been prepared pursuant to the requirements of 26 U.S.C. 
6050M and that, to the best of my knowledge and belief, it is a 
compilation of bureau records maintained in the normal course of 
business for the purpose of providing true, correct, and complete 
returns as required by 26 U.S.C. 6050M.


Signature Date ________ Date _____
    (c) The SPE will certify the consolidated FPDS data for the 
Department, transmit the data to the Federal Procurement Data Center 
(FPDC), and authorize the FPDC to make returns to the IRS on behalf of 
the agency.


2804.903-71  Special reporting exceptions.

    (a) The Technical and Miscellaneous Revenue Act of 1988, Public Law 
100-647, amended, 26 U.S.C. 6050M, to allow exceptions to the reporting 
requirements for certain classified or confidential contracts.
    (b) The head of the agency has determined that the filing of 
information returns, as required by 26 U.S.C. 6050M, on confidential 
contracts, which involve law enforcement or foreign counterintelligence 
activities, would interfere with the effective conduct of those 
confidential law enforcement or foreign counterintelligence activities, 
and that the special reporting exceptions added to 26 U.S.C. 6050M by 
the Technical and Miscellaneous Revenue Act of 1988 apply to these 
types of contracts.

Subchapter B--Competition and Acquisition Planning

PART 2805--PUBLICIZING CONTRACT ACTIONS

Subpart 2805.2--Synopses of Proposed Contract Actions

Sec.
2805.202 Exceptions.
Subpart 2805.4--Release of Information
2805.403 Requests from Members of Congress.
2805.404 Release of long-range acquisition estimates.
2805.404-1 Release procedures.
Subpart 2805.5--Paid Advertisements
2805.500 Scope.
2805.502 Authority.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2805--PUBLICIZING CONTRACT ACTIONS

Subpart 2805.2--Synopses of Proposed Contract Actions


2805.202  Exceptions.

    The HCA or designee is the agency head for the purposes of the 
determination required by FAR 5.202 (b).

Subpart 2805.4--Release of Information


2805.403  Requests from Members of Congress.

    The SPE is the agency head for the purposes of FAR 5.403.


2805.404  Release of long-range acquisition estimates.


2805.404-1  Release procedures.

    The SPE is the agency head for the purposes of FAR 5.404-1(a) and 
(b).

Subpart 2805.5--Paid Advertisements


2805.500  Scope.

    This subpart provides policies and procedures for the procurement 
of paid advertising as covered by 44 U.S.C. 3702, 3703 and 5 U.S.C. 302 
(b).


2805.502  Authority.

    (a) The HCA or designee is the agency head for approving the 
publication of paid advertisements in newspapers under FAR 5.502(a).
    (b) Authority to place advertisements in media other than 
newspapers must be granted in writing in advance by the HCA, or 
designee. No advertisement, notice, or proposal should be published 
prior to receipt of advance written approval for such publication by 
the HCA or designee, and no voucher or invoice for any such 
advertisement or publication will be paid unless there is presented, 
with the voucher or invoice, a copy of the written approval. Approval 
shall not be granted retroactively.

PART 2806--COMPETITION REQUIREMENTS

Subpart 2806.2--Full and Open Competition After Exclusion of 
Sources

Sec.
2806.202 Establishing or maintaining alternative sources.
Subpart 2806.3--Other Than Full and Open Competition
2806.304 Approval of the justification.
Subpart 2806.5--Advocates for Competition
2806.501 Requirement.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

[[Page 58533]]

PART 2806--COMPETITION REQUIREMENTS

Subpart 2806.2--Full and Open Competition After Exclusion of 
Sources


2806.202  Establishing or maintaining alternative sources.

    The HCA or designee is the agency head for the purposes of FAR 
6.202.

Subpart 2806.3--Other Than Full and Open Competition


2806.304  Approval of the justification.

    (a) Justifications for contract actions over the contracting 
officer's approval dollar threshold shall be submitted to the BPC for 
concurrence before being forwarded to the bureau Competition Advocate 
for approval.
    (b) Justifications requiring approval by the HCA, or a designee, 
shall be submitted to the {i{time}  BPC and {ii{time}  bureau 
Competition Advocate for concurrence before being forwarded to the HCA 
or designee.
    (c) Justifications requiring approval by the SPE shall be submitted 
to the {i{time}  BPC, {ii{time}  the bureau Competition Advocate, and 
{iii{time}  the HCA for concurrence before being forwarded to the SPE 
for approval.
    (d) A class justification shall be approved in accordance with 
established bureau procedures and FAR 6.304(c).

Subpart 2806.5--Advocates for Competition


2806.501  Requirement.

    (a) The Director, Office of Acquisition Management (OAM), Justice 
Management Division (JMD), is designated as the DOJ Competition 
Advocate.
    (b) The HCA or designee for each bureau will appoint an official to 
be the bureau Competition Advocate. The bureau Competition Advocate 
shall be vested with the overall responsibility for competition 
activities within his or her bureau. The delegated bureau Competition 
Advocate must be at or above the level of the BPC organizationally.

PART 2807--ACQUISITION PLANNING

Subpart 2807.1--Acquisition Plans

Sec.
2807.103 Agency-head responsibilities.
2807.104 General procedures.
2807.104-70 Bundled requirements.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2807--ACQUISITION PLANNING

Subpart 2807.1--Acquisition Plans


2807.103  Agency-head responsibilities.

    (a) The HCA is the agency head's designee for the purposes of FAR 
7.103.
    (b) The CAO may establish acquisition planning criteria and dollar 
approval thresholds for those bureaus that:
    (1) Fail to allow ample time for conducting competitive 
acquisitions.
    (2) Develop a pattern of awarding urgent requirements that 
generally restrict competition.
    (3) Fail to identify identical or like requirements that, where 
appropriate, can be combined under one solicitation, and thereby miss 
opportunities to obtain lower costs through volume purchasing, reduced 
administrative costs in processing one contract action versus multiple 
actions, and standardizing goods and services.


2807.104  General procedures.


2807.104-70  Bundled requirements.

    In the case of bundled requirements, as defined in FAR 7.104(d)(2) 
and 7.107, the contracting officer shall consult with the bureau Small 
Business Technical Advisor (SBTA). After receiving concurrence from the 
bureau SBTA, the contracting officer will provide a copy of the 
proposed acquisition package to the Small Business Administration (SBA) 
Procurement Center Representative (PCR) and a copy to the DOJ Director, 
Office of Small Disadvantaged Business Unit (OSDBU), at least 30 days 
prior to the solicitation issuance. The SBA PCR is required to make any 
alternative recommendations to the contracting officer within 15 days 
after receipt of the package. If the SBA does not respond in this 
timeframe, the contracting officer may proceed as planned with the 
procurement.

PART 2808--REQUIRED SOURCES OF SUPPLIES AND SERVICES

Subpart 2808.4--Federal Supply Schedules

Sec.
2808.405 Ordering procedures for Federal Supply Schedules.
2808.405-3 Blanket purchase agreements (BPAs).
Subpart 2808.6--Acquisition from Federal Prison Industries, Inc.
2808.605 Exceptions.
2808.605-70 Clearances.
Subpart 2808.8--Acquisition of Printing and Related Supplies
2808.802 Policy.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2808--REQUIRED SOURCES OF SUPPLIES AND SERVICES

Subpart 2808.4--Federal Supply Schedules


2808.405  Ordering procedures for Federal Supply Schedules.


2808.405-3  Blanket purchase agreements (BPAs).

    The SPE is the agency head for purposes of FAR 8.405-3(a)(3)(ii).

Subpart 2808.6--Acquisition from Federal Prison Industries, Inc.


2808.605  Exceptions.


2808.605-70  Clearances.

    Include the Federal Prison Industries (FPI) clearance numbers in 
solicitations and award documents.

Subpart 2808.8--Acquisition of Printing and Related Supplies


2808.802  Policy.

    The Director, Facilities and Administrative Services Staff (FASS), 
JMD, has been designated to serve as the central printing authority for 
the DOJ, for purposes of FAR 8.802(b).

PART 2809--CONTRACTOR QUALIFICATIONS

Subpart 2809.2--Qualifications Requirements

Sec.
2809.202 Policy.
Subpart 2809.4--Debarment, Suspension, and Ineligibility
2809.402 Policy.
2809.404 Exclusions in the System for Award Management.
2809.405 Effect of listing.
2809.405-1 Continuation of current contracts.
2809.405-2 Restrictions on subcontracting.
Subpart 2809.5--Organizational and Consultant Conflicts of Interest
2809.503 Waiver.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2809--CONTRACTOR QUALIFICATIONS

Subpart 2809.2--Qualifications Requirements


2809.202  Policy.

    The HCA or designee is the agency head for the purposes of FAR 
9.202(a)(1).

[[Page 58534]]

Subpart 2809.4--Debarment, Suspension, and Ineligibility


2809.402  Policy.

    (a) The SPE is the agency head for purposes of suspension and 
debarment under FAR subpart 9.4, and serves as the Suspension and 
Debarment Official (SDO) for both procurement and non-procurement 
matters.
    (b) Contracting activities shall consider recommending suspension 
or debarment of a contractor when cause is shown as listed under FAR 
9.406-2 and 9.407-2.
    (1) If a determination is made that available facts do not justify 
debarment or suspension, the file should be documented accordingly and 
no additional action is required.
    (2) If the decision is made to recommend suspension or debarment of 
a contractor, in coordination with the activity's BPC and legal 
counsel, the bureau shall submit a memorandum to the SDO containing all 
relevant facts and analysis on which the recommendation is based. The 
submission also should include copies of all relevant documents.


2809.404  Exclusions in the System for Award Management exclusions.

    (a) The SDO shall ensure the discharge of all agency 
responsibilities prescribed in FAR 9.404(c)(1) through (6), (8), and 
(9).
    (b) The authority to establish procedures prescribed in FAR 
9.404(c)(7) is delegated to the HCA, or designee.


2809.405  Effect of listing.

    The HCA or designee is the agency head for the purposes of FAR 
9.405.


2809.405-1  Continuation of current contracts.

    The HCA or designee is the agency head for the purposes of FAR 
9.405-1.


2809.405-2  Restrictions on subcontracting.

    The HCA or designee is the agency head for the purposes of FAR 
9.405-2.

Subpart 2809.5--Organizational and Consultant Conflicts of Interest


2809.503   Waiver.

    The HCA is the agency head for the purpose of waiving any general 
rule or procedure prescribed in FAR subpart 9.5. As prescribed in FAR 
9.503, the authority delegated to the HCA to waive any general rule or 
procedure prescribed in FAR subpart 9.5 may not be delegated below the 
level of the HCA.

PART 2810--MARKET RESEARCH

Sec.
2810.002 Procedures.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2810--MARKET RESEARCH


2810.002  Procedures.

    (a) Market research must be conducted in accordance with DOJ 
sustainability policies and procedures in order to determine whether 
there are any sustainable acquisition standards applicable to the 
desired product or service.
    (b) Ensure the statement of work includes sustainability 
requirements in accordance with JAR 2823.103, when applicable.

PART 2811--DESCRIBING AGENCY NEEDS

Sec.
2811.002 Policy.
Subpart 2811.1--Selecting and Developing Requirements Documents
2811.103 Market acceptance.
Subpart 2811.5--Liquidated Damages
2811.501 Policy.
Subpart 2811.6--Priorities and Allocations
2811.603 Procedures.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2811--DESCRIBING AGENCY NEEDS


2811.002  Policy.

    (a) Consistent with the policy expressed in FAR 11.002(b), the 
metric system is the preferred system of weights and measures and shall 
be used in DOJ solicitations and contracts.
    (b) When acquiring products or services, the requirements of FAR 
11.002(d)(1) and DOJ sustainability policies and procedures are to be 
followed.

Subpart 2811.1--Selecting and Developing Requirements Documents


2811.103  Market acceptance.

    The HCA is the agency head for the purposes of FAR 11.103(a).

Subpart 2811.5--Liquidated Damages


2811.501  Policy.

    The HCA or designee is the agency head for the purposes of FAR 
11.501(d).

Subpart 2811.6--Priorities and Allocations


2811.603  Procedures.

    The HCA or designee is the agency head for the purposes of FAR 
11.603.

PART 2812--ACQUISITION OF COMMERCIAL ITEMS

Subpart 2812.3--Solicitation Provisions and Contract Clauses for 
the Acquisition of Commercial Items

Sec.
2812.301 Solicitation provisions and contract clauses for the 
acquisition of commercial items.
2812.302 Tailoring of provisions and clauses for the acquisition of 
commercial items.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2812--ACQUISITION OF COMMERCIAL ITEMS

Subpart 2812.3--Solicitation Provisions and Contract Clauses for 
the Acquisition of Commercial Items


2812.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    Contracting Officers shall include the provisions and clauses at 
JAR 2852.212-4 in all solicitations and contracts for the acquisition 
of commercial items that require FAR 52.212-4, Contract Terms and 
Conditions--Commercial Items.


2812.302  Tailoring of provisions and clauses for the acquisition of 
commercial items.

    The HCA, or designee at a level at or above the BPC, is authorized 
to approve the contracting officer's request for waiver for an 
individual contract action submitted under FAR 12.302(c). The SPE is 
authorized to approve the contracting officer's request for wavier for 
a class of contracts submitted under FAR 12.302(c).

Subchapter C--Contracting Methods and Contract Types

PART 2813--SIMPLIFIED ACQUISITION PROCEDURES

Subpart 2813.2--Actions at or Below the Micro-Purchase Threshold

Sec.
2813.201 General.
Subpart 2813.3--Simplified Acquisition Methods
2813.305 Imprest funds and third party drafts.
2813.307 Forms.
Subpart 2813.4--Fast Payment Procedure
2813.401 General.

[[Page 58535]]

Subpart 2813.70--Certified Invoice Procedure
2813.70-1 Policy.
2813.70-2 Procedures.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75 (j) and 
28 CFR 0.76(j).

PART 2813--SIMPLIFIED ACQUISITION PROCEDURES

Subpart 2813.2--Actions at or Below the Micro-Purchase Threshold


2813.201  General.

    The SPE is the agency head for the purposes of FAR 13.201(g)(1).

Subpart 2813.3--Simplified Acquisition Methods


2813.305  Imprest funds and third party drafts.

    The HCA or designee is the agency head for the purposes of FAR 
13.305-3(a).


2813.307  Forms.

    Bureaus may use order forms other than the Standard Forms (SF) and 
Optional Forms (OF) identified in FAR 13.307. They may also include on 
those forms clauses suitable for the specific purchase, including 
tailored clauses, provided that proper procedures and all relevant 
limitations, documentation instructions, and required maintenance are 
followed.

Subpart 2813.4--Fast Payment Procedure


2813.401  General.

    DOJ contracting activities are authorized to use the fast payment 
procedures prescribed in FAR 13.4 solely for utility service payments.

Subpart 2813.70--Certified Invoice Procedure


2813.70-1  Policy.

    Supplies or services may be acquired on the open market from local 
suppliers at the site of the work or usage point. Using the vendor's 
invoice, instead of issuing a Government purchase order, is authorized 
under the certified invoice procedure. Certified invoice procedures may 
not be used to place orders under established contracts.


2813.70-2  Procedures.

    (a) The certified invoice procedure for purchases may be used only 
under FAR part 13 and this part, subject to the following:
    (1) The individual transaction amount does not exceed the micro-
purchase threshold;
    (2) Availability of sufficient funds is verified;
    (3) A purchase order is not required by either the supplier or the 
Government;
    (4) The vendor submits approved and appropriate invoices; and,
    (5) The items purchased are domestic source end products, except as 
provided in FAR subpart 25.1.
    (b) Using the certified invoice procedures does not eliminate the 
requirements in FAR part 13 that apply to purchases at or below the 
micro-purchase threshold.
    (c) The chief of the contracting office, as defined in JAR 
2802.101, may delegate the authority to use the certified invoice 
procedure. Each delegation must specify any limitations placed on the 
individual's use of these procedures, such as limits on the amount of 
each purchase, or limits on the commodities, or services being 
procured.
    (d) Individuals using this purchasing technique shall require the 
supplier to immediately submit properly prepared invoices that itemize 
property or services furnished. Upon receiving the invoice, the 
individual making the purchase shall annotate the invoice with the date 
of receipt, verify the accuracy of the invoiced amount and verify on 
the invoice that the supplies and/or services have been received and 
accepted. If the invoice is valid and correct, the individual making 
the purchase shall sign the invoice indicating acceptance and 
immediately forward it to the appropriate administrative office.
    (e) The administrative office must approve the invoice and, if 
approved, forward it to the Finance Office for payment. Before 
forwarding the invoice to the Finance Office, the administrative office 
shall place the following statement on the invoice, along with the 
accounting and appropriation data:
    I certify that these goods and/or services were received on 
________ (date) and accepted on ________ (date). Oral purchase was 
authorized and no confirming order has been issued.


Signature ________

Date ________

_________________
     Printed name or Typed Name and Title

PART 2814--SEALED BIDDING

Subpart 2814.4--Opening of Bids and Award of Contract

Sec.
2814.404 Rejection of bids.
2814.404-1 Cancellation of invitations after opening.
2814.407 Mistakes in bids.
2814.407-3 Other mistakes disclosed before award.
2814.407-4 Mistakes after awards.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2814--SEALED BIDDING

Subpart 2814.4--Opening of Bids and Award of Contract


2814.404  Rejection of bids.


2814.404-1  Cancellation of invitations after opening.

    The HCA or designee is the agency head for the purposes of FAR 
14.404-1(c), (e)(1), and (f).


2814.407  Mistakes in bids.


2814.407-3  Other mistakes disclosed before award.

    (a) The authority to make determinations under paragraphs (a), (b), 
(c), and (d) of FAR 14.407-3 is delegated to the HCA, or designee at a 
level at or above the chief of the contracting office. The HCA or 
designee shall seek the advice of legal counsel before making any 
determinations.
    (b) The following procedures shall be followed when submitting 
cases of mistakes in bids to the Comptroller General for an advance 
decision.
    (1) Requests for advance decisions submitted to the Comptroller 
General in cases of mistakes in bids shall be made by the HCA, or 
designee.
    (2) Requests for advance decisions shall be in writing, dated, 
signed by the requestor, addressed to the Comptroller General of the 
United States, General Accounting Office, Washington, D. C. 20548, and 
contain the following:
    (i) The name and address of the party requesting the decision;
    (ii) A statement of the question to be decided, a presentation of 
all relevant facts, and a statement of the requesting party's position 
with respect to the question; and,
    (iii) Copies of all pertinent records and supporting documentation.


2814.407-4  Mistakes after award.

    The authority to make determinations under FAR 14.407-4 is 
delegated to the HCA. The HCA may re-delegate this authority at a level 
at or above the chief of the contracting office. The determination must 
be coordinated with the contracting activity's legal counsel.

PART 2815--CONTRACTING BY NEGOTIATION

Subpart 2815.2--Solicitation and Receipt of Proposals and 
Information

Sec.

[[Page 58536]]

2815.204 Contract format.
Subpart 2815.3--Source Selection
2815.303 Responsibilities.
Subpart 2815.4--Contract Pricing
2815.404 Proposal analysis.
2815.404-2 Data to support proposal analysis.
Subpart 2815.6--Unsolicited Proposals
2815.604 Agency points of contact.
2815.605 Content of unsolicited proposals.
2815.606 Agency procedures.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75 (j) and 
28 CFR 0.76(j).

PART 2815--CONTRACTING BY NEGOTIATION

Subpart 2815.2--Solicitation and Receipt of Proposals and 
Information


2815.204  Contract format.

    The HCA or designee is the agency head for the purposes of FAR 
15.204(e).

Subpart 2815.3--Source Selection


2815.303  Responsibilities.

    The HCA or designee is the agency head for the purposes of FAR 
15.303(a).

Subpart 2815.4--Contract Pricing


2815.404  Proposal analysis.


2815.404-2  Data to support proposal analysis.

    All requests for field pricing support shall be made by the 
contracting officer directly to the cognizant audit agency. In 
accordance with Attorney General Order 1931-94, a copy of the request 
for such services shall be sent to the OIG at the time it is mailed to 
the cognizant audit agency. A copy of each report received shall also 
be sent to the OIG. Requests for other audit assistance may be made to 
the Assistant Inspector General for Audits.

Subpart 2815.6--Unsolicited Proposals


2815.604  Agency points of contact.

    Each contracting activity shall designate a point of contact for 
the receipt and handling of unsolicited proposals. Generally, the 
official designated shall be the BPC or immediate subordinate.


2815.605  Content of unsolicited proposals.

    To ensure against contracts between DOJ and prospective offers that 
would exceed the limits of advance guidance set forth in FAR 15.604 and 
potentially result in an unfair advantage to an offeror, the offeror of 
an unsolicited proposal must include the following warranty in any 
unsolicited proposal. Contracting officers receiving an unsolicited 
proposal without this warranty shall not process the proposal until the 
offeror is notified and given an opportunity to submit a proper 
warranty. If no warranty is provided in a reasonable time, the 
contracting officer shall reject the unsolicited proposal and notify 
the offeror of the rejection and the reason therefore. The warranty 
must be signed by a responsible management official of the proposing 
organization authorized to contractually obligate the organization.

UNSOLICITED PROPOSAL

WARRANTY BY OFFEROR

    This is to warrant that--
    (a) This proposal has not been prepared under Government 
supervision;
    (b) The methods and approaches stated in the proposal were 
developed by this offeror;
    (c) Any contact with DOJ personnel has been with the limits of 
appropriate advance guidance set forth in FAR 15.604; and,
    (d) No prior commitments were received from DOJ personnel regarding 
acceptance of this proposal.


Date: ________

Organization: ________

Name: ________

Title: ________


2815.606  Agency procedures.

    The designated point of contact for each contracting activity shall 
provide for and coordinate receipt, review, evaluation, safeguarding, 
and final disposition of unsolicited proposals in accordance with FAR 
subpart 15.6.

PART 2816--TYPES OF CONTRACTS

Subpart 2816.2--Fixed-Price Contracts

Sec.
2816.207 Firm-fixed-price, level-of-effort term contracts.
2816.207-3 Limitations.
Subpart 2816.5--Indefinite-Delivery Contracts
2816.505 Ordering.
Subpart 2816.6--Time-and-Materials, Labor-Hour, and Letter Contracts
2816.601 Time-and-materials contracts.
2816.602 Labor-hour contracts.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75 (j) and 
28 CFR 0.76(j).

PART 2816--TYPES OF CONTRACTS

Subpart 2816.2--Fixed-Price Contracts


2816.207  Firm-fixed-price, level-of-effort term contracts.


2816.207-3  Limitations.

    The BPC or designee is the chief of the contracting office for the 
purposes of FAR 16.207-3(d).

Subpart 2816.5--Indefinite-Delivery Contracts


2816.505  Ordering.

    (a) Justifications for exceptions to the fair opportunity process 
specified in FAR 16.505(b)(2) shall be approved in accordance with JAR 
2806.304.
    (b) In accordance with FAR 16.505(b)(8), the DOJ task order and 
delivery order ombudsman is the DOJ Competition Advocate.
    (c) HCAs shall designate a bureau task order and delivery order 
ombudsman. This person may be the bureau Competition Advocate.
    (d) Bureau ombudsmen shall review and resolve complaints from 
contractors concerning task or delivery orders placed by the bureau.
    (e) Contractors not satisfied with the resolution of a complaint by 
a bureau ombudsman may request the DOJ ombudsman to review the 
complaint.

Subpart 2816.6--Time-and-Materials, Labor-Hour, and Letter 
Contracts


2816.601  Time-and-materials contracts.

    The BPC, or designee at a level at or above the chief of the 
contracting office, is the agency official authorized to approve a 
determination and finding prescribed in FAR 16.601(d)(1)(ii).


2816.602  Labor-hour contracts.

    The limitations set forth in 2816.601 for time-and-materials 
contracts also applies to labor hour contracts.

PART 2817--SPECIAL CONTRACTING METHODS

Subpart 2817.1--Multiyear Contracting

Sec.
2817.104 General.
Subpart 2817.2--Options
2817.204 Contracts.
Subpart 2817.6--Management and Operating Contracts
2817.602 Policy.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j); and 
28 CFR 0.76(j).

[[Page 58537]]

PART 2817--SPECIAL CONTRACTING METHODS

Subpart 2817.1--Multiyear Contracting


2817.104  General.

    The SPE is the agency head for the purposes of FAR 17.104(b).

Subpart 2817.2--Options


2817.204  Contracts.

    Deviation requests to exceed the 5-year limitations specified in 
FAR 17.204(e) require advance approval from--
    (a) The HCA or designee for individual contracts; and
    (b) The SPE for classes of contracts.

Subpart 2817.6--Management and Operating Contracts


2817.602   Policy.

    The HCA or designee is the agency head for the purposes of FAR 
17.602(a).

Subchapter D--Socioeconomic Programs

PART 2819--SMALL BUSINESS PROGRAMS

Subpart 2819.5--Small Business Total Set-Asides, Partial Set-
Asides, and Reserves

Sec.
2819.505 Limitations on subcontracting and nonmanufacturer rule.
Subpart 2819.8--Contracting with the Small Business Administration (the 
8(a) Program)
2819.810 SBA appeals.
2819.812 Contract administration.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2819--SMALL BUSINESS PROGRAMS

Subpart 2819.5--Small Business Total Set-Asides, Partial Set-
Asides, and Reserves


2819.505   Limitations on subcontracting and nonmanufacturer rule.

    The SPE is the agency head for the purposes of FAR 19.505.

Subpart 2819.8--Contracting with the Small Business Administration 
(the 8(A) Program)


2819.810   SBA appeals.

    The SPE is the agency head for the purposes of FAR 19.810(c).


2819.812   Contract administration.

    The HCA or designee is the agency head for the purposes of FAR 
19.812(d).

PART 2822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

Subpart 2822.1--Basic Labor Policies

Sec.
2822.101 Labor relations.
2822.101-70 Domestic violence, sexual assault, and stalking.
2822.103 Overtime.
2822.103-4 Approvals.
Subpart 2822.3--Contract Work Hours and Safety Standards Act
2822.302 Liquidated damages and overtime pay.
Subpart 2822.4--Labor Standards for Contracts Involving Construction
2822.406 Administration and enforcement.
2822.406-8 Investigations.
2822.406-12 Cooperation with the Department of Labor.
Subpart 2822.6--Contracts for Materials, Supplies, Articles, and 
Equipment Exceeding $15,000
2822.604 Exemptions.
2822.604-2 Regulatory exemptions.
Subpart 2822.8--Equal Employment Opportunity
2822.803 Responsibilities.
2822.807 Exemptions.
2822.807-70 Cooperation in equal employment opportunity 
investigations.
Subpart 2822.13--Equal Opportunity for Veterans
2822.1305 Waivers.
2822.1310 Solicitation provisions and contract clauses.
Subpart 2822.14--Employment of Workers with Disabilities
2822.1403 Waivers.
2822.1408 Contract clause.
Subpart 2822.15--Prohibition of Acquisition of Products Produced by 
Forced or Indentured Child Labor
2822.1503 Procedures for acquiring end products on the List of 
Products Requiring Contractor Certification as to Forced or 
Indentured Child Labor.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

Subpart 2822.1--Basic Labor Policies


2822.101   Labor relations.


2822.101-70   Domestic violence, sexual assault, and stalking.

    Contracting officers shall insert the clause at JAR 2852.222-70, 
Domestic Violence, Sexual Assault, and Stalking, in every written 
solicitation when services will be performed in whole or in part on DOJ 
premises.


2822.103   Overtime.


2822.103-4   Approvals.

    During contract performance, contractor requests for overtime 
exceeding the amount authorized in paragraph (a) of the clause at FAR 
52.222-2, Payment for Overtime Premiums, must be approved at a level 
above the contracting officer. Such approval should be reflected by the 
signature of the approving official on the contracting officer's 
written determination made in accordance with FAR 22.103-4.

Subpart 2822.3--Contract Work Hours and Safety Standards Act


2822.302   Liquidated damages and overtime pay.

    The authority to make the determination prescribed in FAR 22.302(c) 
is delegated to the HCA, or designee.

Subpart 2822.4--Labor Standards for Contracts Involving 
Construction


2822.406   Administration and enforcement.


2822.406-8   Investigations.

    The contracting officer shall prepare and forward reports of 
violations under FAR 22.406-8(d)(1) to the HCA or designee at a level 
at or above the BPC. That official shall be responsible for processing 
the report in accordance with FAR 22.406-8(d)(2).


2822.406-12   Cooperation with the Department of Labor.

    Any information furnished to the Department of Labor, as required 
by FAR 22.406-12(a), shall be submitted through the HCA, or designee.

Subpart 2822.6--Contracts for Materials, Supplies, Articles, and 
Equipment Exceeding $15,000


2822.604   Exemptions.


2822.604-2   Regulatory exemptions.

    The SPE is the agency head for the purposes of FAR 22.604-2(b)(1).

Subpart 2822.8--Equal Employment Opportunity


2822.803   Responsibilities.

    The SPE is the agency head for the purposes of FAR 22.803(c).


2822.807   Exemptions.

    The SPE is the agency head for the purposes of FAR 22.807(a)(1).


2822.807-70   Cooperation in equal employment opportunity 
investigations.

    The contracting officer shall insert the clause at 52.222-70, 
Contractor

[[Page 58538]]

Cooperation in Equal Employment Opportunity Investigations, in 
solicitations, contracts, and orders that include the clause at FAR 
52.222-26, Equal Opportunity.

Subpart 2822.13--Equal Opportunity for Veterans


2822.1305   Waivers.

    All requests for waiver of the terms of FAR 52.222-35 pursuant to 
FAR 22.1310(a)(1)(ii) or (a)(2) shall be forwarded from the HCA or 
designee to Office of Acquisition Management (OAM), JMD, for review and 
approval by the Attorney General (AG).


2822.1310   Solicitation provisions and contract clauses.

    The SPE is the agency head for the purposes of FAR 
22.1310(a)(1)(ii) and (a)(2).

Subpart 2822.14--Employment of Workers with Disabilities


2822.1403   Waivers.

    The SPE is the agency head for the purposes of FAR 22.1403(b).


2822.1408   Contract clause.

    The SPE is the agency head for the purposes of FAR 22.1408(a)(2).

Subpart 2822.15--Prohibition of Acquisition of Products Produced by 
Forced or Indentured Child Labor


2822.1503   Procedures for acquiring end products on the List of 
Products Requiring Contractor Certification as to Forced or Indentured 
Child Labor.

    The contracting officer shall refer to the DOJ Inspector General 
for investigation, under FAR 22.1503(e), any matters relating to that 
section.

PART 2823--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

Subpart 2823.2--Energy and Water Efficiency and Renewable Energy

Sec.
2823.204 Procurement exemptions.
Subpart 2823.3--Hazardous Material Identification and Material Safety 
Data
2823.303 Contract clause.
2823.303-70 Unsafe conditions due to hazardous material.
Subpart 2823.4--Use of Recovered Materials and Biobased Products
2823.404 Agency affirmative procurement programs.
2823.404-70 Affirmative procurement program for recycled materials.
2823.405 Procedures.
Subpart 2823.7--Contracting for Environmentally Preferable Products and 
Services
2823.704 Electronic products environmental assessment tool.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2823--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

Subpart 2823.2--Energy and Water Efficiency and Renewable Energy


2823.204   Procurement exemptions.

    The HCA or designee is the agency head for the purposes of 
executing the written determination not to purchase ENERGY STAR[supreg] 
or Federal Energy Management Program (FEMP)-designated products.

Subpart 2823.3--Hazardous Material Identification and Material 
Safety Data


2823.303   Contract clause.


2823.303-70   Unsafe conditions due to hazardous material.

    FAR clause 52.223-3 shall be included in solicitations and 
contracts that will require delivery of hazardous material as defined 
in FAR 23.301. In addition, the contracting officer shall insert the 
clause at JAR 2852.223-70, Unsafe Conditions Due to the Presence of 
Hazardous Material, in all such solicitations and contracts, where the 
contract will require the performance of services on Government-owned 
or Government-leased facilities.

Subpart 2823.4--Use of Recovered Materials and Biobased Products


2823.404   Agency affirmative procurement programs.


2823.404-70   Affirmative procurement program for recycled materials.

    (a) Recovered materials preference program. Preference will be 
given to procuring and using products containing recovered materials 
rather than products made with virgin materials when adequate 
competition exists, and when price, performance, and availability are 
equal.
    (b) Promotion program. The Department of Justice Environmental 
Executive (DOJEE) has primary responsibility for actively promoting the 
acquisition of products containing recycled materials throughout DOJ. 
Technical and procurement personnel will cooperate with the DOJEE to 
actively promote DOJ's Affirmative Procurement Program.
    (c) Procedures for vendor estimation, verification, and 
certification--(1) Estimation. The contractor shall provide estimates 
of the total percentage(s) of recovered materials for EPA designated 
items used in products or services provided.
    (2) Certification. Contracting officers shall provide copies of all 
vendor and subcontractor certifications required by FAR 23.404 to the 
DOJEE.
    (3) Verification. The DOJEE is responsible for periodically 
reviewing vendor certification documents and waivers as part of the 
annual review and monitoring process to determine if DOJ is in 
compliance with EOs 13101, 13693, and any subsequent amendments.


2823.405   Procedures.

    The contracting officer is the approving official for 
justifications made pursuant to FAR 23.405(b)(2).

Subpart 2823.7--Contracting for Environmentally Preferable Products 
and Services


2823.704   Electronic products environmental assessment tool.

    The HCA or designee is the agency head for the purposes of 
executing the written determination not to purchase EPEAT[supreg]-
registered products.

PART 2825--FOREIGN ACQUISITION

Subpart 2825.1--Buy American--Supplies

Sec.
2825.103 Exceptions.
2825.105 Determining reasonableness of cost.
Subpart 2825.2--Buy American--Construction Materials
2825.202 Exceptions.
2825.204 Evaluating offers of foreign construction material.
2825.206 Noncompliance.
Subpart 2825.10--Additional Foreign Acquisition Regulations
2825.1001 Waiver of right to examination of records.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2825--FOREIGN ACQUISITION

Subpart 2825.1--Buy American--Supplies


2825.103   Exceptions.

    The authority to make the determination prescribed in FAR 25.103(a) 
is delegated to the HCA, or designee.

[[Page 58539]]

2825.105   Determining reasonableness of cost.

    The authority to make the determinations prescribed in FAR 
25.105(a)(1) is delegated to the HCA, or designee.

Subpart 2825.2--Buy American--Construction Materials


2825.202   Exceptions.

    The authority to make the determinations prescribed in FAR 
25.202(a)(1) is delegated to the HCA, or designee.


2825.204   Evaluating offers of foreign construction material.

    The HCA, or designee at a level at or above the BPC, is the agency 
official authorized to make the determination in accordance with FAR 
25.204(b) that using a particular domestic construction material would 
unreasonably increase the cost of the acquisition or would be 
impracticable.


2825.206   Noncompliance.

    Potentially fraudulent noncompliance under FAR 25.206(c)(4) shall 
be referred to the OIG for investigation.

Subpart 2825.10--Additional Foreign Acquisition Regulations


2825.1001   Waiver of right to examination of records.

    The HCA, or designee at a level at or above the BPC, is the agency 
official authorized to make determinations under FAR 
25.1001(a)(2)(iii).

Subchapter E--General Contracting Requirements

PART 2827--PATENTS, DATA, AND COPYRIGHTS

Subpart 2827.3--Patent Rights Under Government Contracts

Sec.
2827.303 Contract clauses.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2827--PATENTS, DATA, AND COPYRIGHTS

Subpart 2827.3--Patent Rights Under Government Contracts


2827.303   Contract clauses.

    The SPE is the agency head for the purposes of FAR 27.303(e)(4).

PART 2828--BONDS AND INSURANCE

Subpart 2828.1--Bonds and Other Financial Protections

Sec.
2828.101 Bid guarantees.
2828.101-1 Policy on use.
2828.106 Administration.
2828.106-6 Furnishing information.
Subpart 2828.2--Sureties and Other Security for Bonds
2828.203 Acceptability of individual sureties.
2828.203-7 Exclusion of individual sureties.
Subpart 2828.3--Insurance
2828.307 Insurance under cost-reimbursements contracts.
2828.307-1 Group insurance plans.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2828--BONDS AND INSURANCE

Subpart 2828.1--Bonds and Other Financial Protections


2828.101   Bid guarantees.


2828.101-1   Policy on use.

    The HCA or designee is the agency head for the purposes of 
authorizing class waivers in accordance with FAR 28.101-1(c).


2828.106   Administration.


2828.106-6   Furnishing information.

    In accordance with FAR 28.106-6(c), the HCA, or designee at a level 
at or above the BPC, is the agency official authorized to furnish the 
certified copy of the bond and the contract.

Subpart 2828.2--Sureties and Other Security for Bonds


2828.203   Acceptability of individual sureties.

    All assets pledged by individual sureties must be eligible 
obligations as defined in 31 CFR part 225, ``Acceptable Collateral for 
Pledging to Federal Agencies.'' This collateral will be placed in the 
custody of the U.S. Treasury, with a Federal Reserve Bank acting as the 
depositary until the completion of the obligation.


2828.203-7   Exclusion of individual sureties.

    The SDO is the agency head for the purposes of FAR 28.203-7(a).

Subpart 2828.3--Insurance


2828.307   Insurance under cost-reimbursements contracts.


2828.307-1   Group insurance plans.

    Under cost-reimbursement contracts, the contractor, before buying 
insurance under a group insurance plan, shall submit the plan to the 
contracting officer for review and approval. During review, the 
contracting officer may utilize all sources of information available 
such as audit, industry practices, etc., to determine if acceptance of 
the group insurance plan is in the Government's best interest.

PART 2829--TAXES

Subpart 2829.3--State and Local Taxes

Sec.
2829.302 Application of State and local taxes to the Government.
2829.303 Application of State and local taxes to Government 
contractors and subcontractors.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2829--TAXES

Subpart 2829.3--State and Local Taxes


2829.302   Application of State and local taxes to the Government.

    Generally, purchases and leases made by the Federal Government are 
immune from State and local taxation.


2829.303   Application of State and local taxes to Government 
contractors and subcontractors.

    (a) It is DOJ policy that DOJ contracts shall not contain clauses 
expressly designating prime contractors as agents of the Government for 
the purpose of avoiding State and local taxes.
    (b) A DOJ contracting activity may request to the CAO, through the 
HCA, that a contractor be considered an agent of the Government for the 
purpose of claiming immunity from State and local sales and use taxes. 
The CAO will review such requests to ensure compliance with DOJ policy 
and applicable law. Each case forwarded will be reviewed by the HCA or 
designee for approval before referral to the CAO.

PART 2830--COST ACCOUNTING STANDARDS ADMINISTRATION

Subpart 2830.2--CAS Program Requirements

Sec.
2830.201 Contract requirements.
2830.201-5 Waiver.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2830--COST ACCOUNTING STANDARDS ADMINISTRATION

Subpart 2830.2--CAS Program Requirements


2830.201   Contract requirements.


2830.201-5   Waiver.

    The SPE is the agency head for the purposes of FAR 30.201-5. 
Pursuant to FAR 30.201-5, this authority may not be

[[Page 58540]]

delegated to any official in the agency below the senior contract 
policymaking level.

PART 2831--CONTRACT COST PRINCIPLES AND PROCEDURES

Subpart 2831.1--Applicability

Sec.
2831.101 Objectives.
2831.109 Advance agreements.
Subpart 2831.2--Contracts With Commercial Organizations
2831.205 Selected costs.
2831.205-6 Compensation for personal services.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2831--CONTRACT COST PRINCIPLES AND PROCEDURES

Subpart 2831.1--Applicability


2831.101  Objectives.

    (a) The SPE is the official authorized to grant individual 
deviations from the cost principles of FAR part 31.
    (b) Requests for class deviations from the cost principles set 
forth in FAR part 31 will be forwarded through the SPE prior to 
submission to the Civilian Agency Acquisition Council (CAAC).


2831.109  Advance agreements.

    (a) DOJ and bureau contracting officers are encouraged to negotiate 
advance agreements concerning the treatment of special or unusual costs 
to avoid possible subsequent disputes or disallowance of costs based 
upon unreasonableness or nonallowability. All such agreements shall be 
negotiated in accordance with FAR 31.109, prior to the contractor 
incurring such costs.
    (b) All determinations required by this subpart shall be reviewed 
and approved at a level above the contracting officer prior to 
negotiation of the proposed agreement. The approved determination shall 
be placed in the contract file.
    (c) Advance agreements will be signed by both the contractor and 
the contracting officer, and made a part of the contract file. Copies 
of executed advance agreements will be distributed to the cognizant 
audit office, when applicable.

Subpart 2831.2--Contracts With Commercial Organizations


2831.205  Selected costs.


2831.205-6  Compensation for personal services.

    The HCA or designee is the agency head for the purposes FAR 31.205-
6(g)(6).

PART 2832--CONTRACT FINANCING

Sec.
2832.006 Reduction or suspension of contract payments upon finding 
of fraud.
2832.006-1 General.
2832.006-2 Definition.
2832.006-3 Responsibilities.
2832.006-4 Procedures.

Subpart 2832.1--Non-Commercial Item Purchase Financing


2832.114  Unusual contract financing.

Subpart 2832.2--Commercial Item Purchase Financing


2832.201  Statutory authority.

Subpart 2832.4--Advance Payments for Non-Commercial Items


2832.402  General.


2832.407  Interest.

Subpart 2832.5--Progress Payments Based on Costs


2832.502  Preaward matters.


2832.502-2  Contract finance office clearance.


2832.503  Postaward matters.


2832.503-6  Suspension or reduction of payments.

Subpart 2832.7--Contract Funding


2832.703  Contract funding requirements.


2832.703-3  Contracts crossing fiscal years.

Subpart 2832.9--Prompt Payment


2832.903  Responsibilities.

Subpart 2832.11--Electronic Funds Transfer


2832.1110  Solicitation provision and contract clauses.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2832--CONTRACT FINANCING


2832.006  Reduction or suspension of contract payments upon finding of 
fraud.


2832.006-1  General.

    The SPE is the agency head for the purposes of FAR 32.006-1.


2832.006-2  Definition.

    The SPE is the ``remedy coordination official'' for the purposes of 
FAR 32.006-2.


2832.006-3  Responsibilities.

    DOJ personnel shall immediately report, in writing, to the 
contracting officer and the OIG any apparent or suspected contractor 
request for advance, partial, or progress payments based on fraud.


2832.006-4  Procedures.

    The SPE is the agency head for the purposes of FAR 32.006-4.

Subpart 2832.1--Non-Commercial Item Purchase Financing


2832.114  Unusual contract financing.

    The HCA, or designee at a level at or above the BPC, is the 
official authorized to approve unusual contract financing as set forth 
in FAR 32.114.

Subpart 2832.2--Commercial Item Purchase Financing


2832.201  Statutory authority.

    The HCA or designee is the agency head for the purposes of FAR 
32.201.

Subpart 2832.4--Advance Payments for Non-Commercial Items


2832.402  General.

    (a) The authority to make the determinations prescribed in FAR 
32.402 and sign written determinations and findings with respect to 
making advance payments is vested in the HCA or designee.
    (b) Prior to awarding a contract which contains provisions for 
making advanced payments, the contract terms and conditions concerning 
advance payments shall be approved at a level above the contracting 
officer.
    (c) In ensuring that all FAR and agency requirements are met, the 
contracting officer shall coordinate with the activity that is to 
provide contract financing for advance payments, the bureau's 
disbursing or finance office, or the Treasury Department, as 
appropriate.


2832.407  Interest.

    In accordance with FAR 32.407(d), advance payments may be made on 
an interest free basis. A determination to make such interest free 
advance payments, and the circumstance permitting interest free advance 
payments, shall be set forth in the original determination and findings 
and be approved in accordance with JAR 2832.402.

Subpart 2832.5--Progress Payments Based on Costs


2832.502  Preaward matters.


2832.502-2  Contract finance office clearance.

    Before taking any of the actions prescribed in FAR 32.502-2, the 
contracting officer shall obtain advice

[[Page 58541]]

and assistance from the bureau's Chief Financial Officer.


2832.503  Postaward matters.


2832.503-6  Suspension or reduction of payments.

    The HCA or designee is the approving official for any action 
recommended under FAR 32.503-6. Upon approval, the contracting officer 
shall request the finance office to suspend or reduce payments.

Subpart 2832.7--Contract Funding


2832.703  Contract funding requirements.


2832.703-3  Contracts crossing fiscal years.

    The HCA or designee is the agency head for the purposes of FAR 
32.703-3(b).

Subpart 2832.9--Prompt Payment


2832.903  Responsibilities.

    The HCA or designee is responsible for promulgating policies and 
procedures to implement FAR 32.9.

Subpart 2832.11--Electronic Funds Transfer


2832.1110  Solicitation provision and contract clauses.

    When the clause at FAR 52.232-34, Payment by Electronic Funds 
Transfer (EFT)--Other than System for Award Management, is required, 
the contracting officer may insert in paragraph (b)(1) of the clause a 
particular time after award, such as a fixed number of days, or an 
event such as the submission of the first request for payment, to 
establish the point at which contractors' EFT information shall be 
provided.

PART 2833--PROTESTS, DISPUTES, AND APPEALS

Subpart 2833.1--Protests
Sec.
2833.101 Definitions. 2833.102 General. 2833.103 Protests to the 
agency.
Subpart 2833.2--Disputes and Appeals


2833.203  Applicability.


2833.209  Suspected fraudulent claims. 2833.211 Contracting officer's 
decision.


2833.214  Alternative dispute resolution (ADR).


2833.214-70  Policy.

    Authority: 28 U.S.C. 510; 40 U.S.C 486(c); 28 CFR 0.75(j) and 28 
CFR 0.76(j).

PART 2833--PROTESTS, DISPUTES, AND APPEALS

Subpart 2833.1--Protests


2833.101  Definitions.

    (a) Agency Protest Official (APO) means the Deciding Official for a 
procurement protest filed with a contracting activity of DOJ when the 
contracting officer will not be the Deciding Official because of the 
protestor's election under JAR 22833.103(b). The HCA will designate the 
individual who will serve as the APO for a given protest subject to the 
following:
    (1) The APO will be at an organizational level above that of the 
contracting officer, will be knowledgeable about the acquisition 
process in general, and will not have had any previous personal 
involvement or programmatic interest in the procurement that is the 
subject of the protest.
    (2) The departmental or bureau Competition Advocate may serve as 
the APO.
    (b) Deciding Official means the official who will review and decide 
a procurement protest filed with the agency. The Deciding Official will 
be the contracting officer unless the protestor requests pursuant to 
JAR 2833.103(b) that the protest be decided by an individual above the 
level of the contracting officer, in which case the HCA will designate 
an APO to serve as the Deciding Official.
    (c) Interested party means an actual or prospective offeror whose 
direct economic interest would be affected by the award of a contract 
or by the failure to award a contract.


2833.102  General.

    (a) This part prescribes policies and procedures for processing 
protests to DOJ in accordance with FAR 33.103 and Executive Order 
12979, Agency Procurement Protests, dated October 25, 1995.
    (b) Contracting officers and contractors are encouraged to use 
their best efforts to resolve concerns outside of the protest process 
through frank and open discussion as required by FAR 33.103(b) or 
through alternative dispute resolution techniques where appropriate.
    (c) Responsibilities are as follows:
    (1) Contracting officers. (i) Include the provision at JAR 
2852.233-70 in all solicitations that are expected to exceed the 
simplified acquisition threshold.
    (ii) When serving as the Deciding Official, decide the protest 
using the procedures in this subpart and FAR 33.103(d)(2).
    (iii) If the protestor requests that the protest be decided at a 
level above the contracting officer, the contracting officer shall 
ensure that the Agency Protest Official, once designated, receives a 
copy of the protest and any other materials the protestor has provided 
to the contracting officer in support of the protest.
    (2) Agency Protest Official. The APO shall use the procedures in 
this subpart and FAR 33.103 to provide an independent review of and 
decision on the issues raised in the protest.


2833.103  Protests to the agency.

    (a) The filing time frames in FAR 33.103(e) apply. An agency 
protest is filed when the protest is received at the location the 
solicitation designates for serving protests.
    (b) Only interested parties may file a protest.
    (c) An interested party filing an agency protest has the choice of 
requesting either that the contracting officer or an individual above 
the level of the contracting officer decide the protest.
    (d) In addition to the information required by FAR 33.103(d)(2), 
the protest shall:
    (1) Indicate that it is a protest to the agency.
    (2) Be filed with the contracting officer or other official 
designated to receive protests.
    (3) State whether the protestor chooses to have the contracting 
officer or an individual above the level of the contracting officer 
decide the protest. If the protest is silent on this matter, the 
contracting officer will decide the protest.
    (4) Indicate whether the protestor prefers to make an oral or 
written presentation of arguments in support of the protest to the 
Deciding Official.
    (e) Upon receipt of a protest by the agency, the contracting 
officer, even when not serving as the Deciding Official, will notify 
other vendors competing in the procurement of the protest, any stay of 
award or suspension of performance, and/or any determination under FAR 
33.103(f)(1) or (3) if and when made.
    (f) Intervenors to the protest are not permitted.
    (g) The decision by the Agency Protest Official is an alternative 
to a decision by the contracting officer on a protest. The Agency 
Protest Official will not consider appeals from a contracting officer's 
decision on an agency protest and a decision by the Agency Protest 
Official is final and not appealable.
    (h) The protestor has only one opportunity to support or explain 
the

[[Page 58542]]

substance of its protest. DOJ procedures do not provide for any 
discovery. The Deciding Official has discretion to request additional 
information from the agency or the protestor.
    (i) A protestor may represent itself or be represented by legal 
counsel. DOJ will not reimburse the protester for any legal fees or 
costs related to the agency protest.
    (j) If an agency protest is received before contract award, the 
contracting officer shall not make award unless the HCA or designee 
makes a determination to proceed under FAR 33.103(f)(1). Similarly, if 
an agency protest is filed within ten (10) days after award or within 5 
days after a debriefing date has been offered to the protester under a 
timely debriefing request under FAR 15.505 or 15.506, whichever is 
later, the contracting officer shall suspend contract performance 
unless the HCA or designee makes a determination to proceed under FAR 
33.103(f)(3). Any stay of award or suspension of performance remains in 
effect until the agency protest is decided, dismissed, or withdrawn.
    (k) The Deciding Official's decision may be oral or written. If 
oral, the Deciding Official shall send a confirming letter after the 
decision using a means that allows proof of receipt, including 
electronic mail. The letter shall:
    (1) State whether the protest was denied, sustained, or dismissed;
    (2) Indicate the date the decision was provided; and
    (3) Provide the rationale for the decision.
    (l) If the Deciding Official sustains the protest, relief may 
consist of any of the following:
    (1) Termination of the contract for convenience or cause.
    (2) Recompeting the requirement.
    (3) Amending the solicitation.
    (4) Refraining from exercising contract options.
    (5) Reevaluating the offers or bids and making a new award 
determination.
    (6) Other action that the Deciding Official determines is 
appropriate.
    (m) Proceedings on an agency protest shall be dismissed if a 
protest on the same or similar basis is filed with a protest forum 
outside of DOJ.

Subpart 2833.2--Disputes and Appeals


2833.203  Applicability.

    The SPE is the agency head for the purposes of FAR 33.203(b).


2833.209  Suspected fraudulent claims.

    Contracting officers shall report suspected fraudulent claims to 
the OIG for investigation.


2833.211  Contracting officer's decision.

    The Civilian Board of Contract Appeals (CBCA) hears and decides 
contract disputes originating from DOJ.


2833.214  Alternative dispute resolution (ADR).


2833.214-70  Policy.

    It is DOJ's goal to resolve contract disputes before the issuance 
of a contracting officer's final decision under the Contract Disputes 
Act. Therefore, contracting officers will consider all possible means 
of reaching a negotiated settlement consistent with the Government's 
best interest, before issuing a final decision on a contractor claim 
under the process outlined in FAR 33.206 through 33.211.

SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING

PART 2834--MAJOR SYSTEM ACQUISITION

Subpart 2834.0--General
Sec.
2834.002 Policy.
2834.003 Responsibilities.
2834.005 General requirements.
2834.005-6 Full production.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2834--MAJOR SYSTEM ACQUISITION

Subpart 2834.0--General


2834.002  Policy.

    The Small Business and Federal Procurement Competition Enhancement 
Act of 1984 allows an executive agency to establish a dollar threshold 
for the designation of a major system, in accordance with Public Law 
98-577. Dollar thresholds for a major system under Office of Management 
and Budget (OMB) Circular A-109 are designated in this section.
    (a) Major automated information system. Within DOJ, a major 
automated information system is one whose life-cycle cost is in excess 
of $100 million.
    (b) Major real property system. (1) By purchase, when the assessed 
value of the property exceeds $60 million.
    (2) By lease, when the annual rental charges, including basic 
services (e.g., cleaning, guards, maintenance), exceed $1.8 million.
    (3) By transfer from another agency at no cost when the assessed 
value of the property exceeds $12 million.
    (c) Research and development (R&D) system. Any R&D activity 
expected to exceed $500,000 for the R&D phase is subject to OMB 
Circular A-109, unless exempted by the HCA or designee under paragraph 
(e) of this section.
    (d) Any other system or activity. The HCA or designee responsible 
for the system may designate any system or activity as a Major System 
under OMB Circular A-109, e.g., selected systems designed to support 
more than one principal organizational unit.
    (e) Exemption. The CAO, upon recommendation by the HCA or designee 
responsible for the system, may determine that, because of the routine 
nature of the acquisition, the system (e.g., an information system 
utilizing only off-the-shelf hardware or software) will be exempt from 
the OMB Circular A-109 process, even where by virtue of the life cycle 
costs it would otherwise be identified as ``major'' in response to OMB 
Circular A-109.


2834.003  Responsibilities.

    (a) The SPE is the agency head for the purposes of FAR 34.003(a).
    (b) The CAO is the agency head for the purposes of FAR 34.003(c).


2834.005  General requirements.


2834.005-6  Full production.

    The CAO is the agency head for the purposes of FAR 34.005-6.

PART 2836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

Subpart 2836.2--Special Aspects of Contracting for Construction
Sec.
2836.204 Disclosure of the magnitude of construction projects.
Subpart 2836.6--Architect-Engineer Services
2836.602 Selection of firms for architect-engineer contracts.
2836.602-1 Selection criteria.
2836.602-4 Selection authority.
2836.602-5 Short selection process for contracts not to exceed the 
simplified acquisition threshold.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

Subpart 2836.2--Special Aspects of Contracting for Construction


2836.204  Disclosure in solicitations of the magnitude of construction 
projects.

    For construction projects over $10,000,000, present the magnitude 
in ranges as follows:
    (a) Between $10,000,001 and $25,000,000;
    (b) Between $25,000,001 and $100,000,000;
    (c) Between $100,000,001 and $250,000,000;
    (d) Between $250,000,001 and $500,000,000; and

[[Page 58543]]

    (e) Over $500,000,000.

Subpart 2836.6--Architect-Engineer Services


2836.602  Selection of firms for architect-engineer contracts.


2836.602-1  Selection criteria.

    The HCA or designee is the agency head for purposes of FAR 36.602-
1(b).


2836.602-4  Selection authority.

    The HCA or designee is the agency head for purposes of FAR 36.602-
4(a).


2836.602-5  Short selection process for contracts not to exceed the 
simplified acquisition threshold.

    (a) The short selection process, described in FAR 36.602-5, is 
authorized for use in DOJ contracts not expected to exceed the 
simplified acquisition threshold.
    (b) The HCA or designee is the agency head for purposes of FAR 
36.602-5(b)(2).

PART 2837--SERVICE CONTRACTING

Subpart 2837.1--Service Contracts--General
Sec.
2837.106 Funding and term of service contracts.
Subpart 2837.2--Advisory and Assistance Services
2837.204 Guidelines for determining availability of personnel.
Subpart 2837.5--Management Oversight of Service Contracts
2837.503 Agency-head responsibilities.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2837--SERVICE CONTRACTING

Subpart 2837.1--Service Contracts--General


2837.106  Funding and term of service contracts.

    The HCA or designee is the agency head for purposes of FAR 
37.106(b).

Subpart 2837.2--Advisory and Assistance Services


2837.204  Guidelines for determining availability of personnel.

    The HCA or designee is the agency head for purposes of FAR 37.204.

Subpart 2837.5--Management Oversight of Service Contracts


2837.503  Agency-head responsibilities.

    The HCA or designee or designee is the agency head for purposes of 
FAR 37.503.

PART 2839--ACQUISITION OF INFORMATION TECHNOLOGY

Subpart 2839.1--General
Sec.
2839.101 Policy.
2839.102 Management of risk.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2839--ACQUISITION OF INFORMATION TECHNOLOGY

Subpart 2839.1--General


2839.101  Policy.

    DOJ's Chief Information Officer (CIO) and SPE are responsible for 
issuing policies and procedures to manage the agency information 
technology (IT) acquisition process.


2839.102  Management of risk.

    Contracts involving DOJ Information and Information Systems shall 
comply with the security requirements prescribed in FAR 39.102 and all 
applicable DOJ security requirements, including without limitation all 
DOJ Policy Statements and DOJ Policy Instructions established under the 
DOJ Acquisition Management Order relating to the Management of Risk of 
DOJ Information and Information Systems.

PART 2841--ACQUISITION OF UTILITY SERVICES

Subpart 2841.2--Acquiring Utility Services
Sec.
2841.201 Policy.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2841--ACQUISITION OF UTILITY SERVICES

Subpart 2841.2--Acquiring Utility Services


2841.201  Policy.

    The HCA or designee is the agency head for the purposes of FAR 
41.201(d)(2)(i) and (d)(3).

SUBCHAPTER G--CONTRACT MANAGEMENT

PART 2842--CONTRACT ADMINISTRATION AND AUDIT SERVICES

Subpart 2842.6--Corporate Administrative Contracting Officer
Sec.
2842.602 Assignment and location.
Subpart 2842.7--Indirect Cost Rates
2842.703 General.
2842.703-2 Certificate of indirect costs.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2842--CONTRACT ADMINISTRATION AND AUDIT SERVICES

Subpart 2842.6--Corporate Administrative Contracting Officer


2842.602  Assignment and location.

    The HCA or designee is the agency head for the purposes of FAR 
42.602(a).

Subpart 2842.7--Indirect Cost Rates


2842.703  General.


2842.703-2  Certificate of indirect costs.

    The HCA or designee is the agency head for the purposes of FAR 
42.703-2(b).

PART 2845--GOVERNMENT PROPERTY

Subpart 2845.1--General
Sec.
2845.105 Contractors' property management system compliance.
2845.105-70 Contractor reporting of Government-furnished property.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2845--GOVERNMENT PROPERTY

Subpart 2845.1--General


2845.105  Contractors' property management system compliance.

    The contractor's records for Government-furnished property may be 
kept as a separate account in the bureau's internal property management 
system, in which case the contracting officer or formally designated 
property administrator shall serve as custodian of the account.


2845.105-70  Contractor reporting of Government-furnished property.

    (a) In compliance with FAR 45.105, by January 31 of each year, DOJ 
contractors shall furnish the cognizant contracting officer an annual 
report of the DOJ property for which they are accountable as of the end 
of the calendar year.
    (b) By March 1 of each year, bureaus shall submit to the Facilities 
and Administrative Services Staff (FASS), JMD, a summary report of 
agency property furnished under each contract as of the end of the 
calendar year. The report shall include a listing of Government-
furnished property for all contracts for which the bureau maintains the 
official Government records.

[[Page 58544]]

PART 2846--QUALITY ASSURANCE

Subpart 2846.6--Material Inspection and Receiving Reports
Sec.
2846.601 General.
Subpart 2846.7--Warranties
2846.704 Authority for use of warranties.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2846--QUALITY ASSURANCE

Subpart 2846.6--Material Inspection and Receiving Reports


2846.601  General.

    Bureaus shall prescribe procedures and instructions for the use, 
preparation, and distribution of material inspection and receiving 
reports and commercial shipping document/packing lists to evidence 
Government inspection (FAR 46.401) and acceptance (FAR 46.501).

Subpart 2846.7--Warranties


2846.704  Authority for use of warranties.

    The use of a warranty in an acquisition shall be approved at a 
level above the contracting officer.

PART 2848--VALUE ENGINEERING

Subpart 2848.1- Policies and Procedures
Sec.
2848.102 Policies.
Subpart 2848.2--Contract Clauses
2848.201 Clauses for supply or service contracts.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2848--VALUE ENGINEERING

Subpart 2848.1--Policies and Procedures


2848.102  Policies.

    The HCA is the agency head for purposes of FAR 48.102(a).

Subpart 2848.2--Contract Clauses


2848.201  Clauses for supply or service contracts.

    The HCA or designee is the agency head for purposes of FAR 
48.201(a)(6).

PART 2849--TERMINATION OF CONTRACTS

Subpart 2849.1--General Principles
Sec.
2849.106 Fraud or other criminal conduct.
2849.111 Review of proposed settlements.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2849--TERMINATION OF CONTRACTS

Subpart 2849.1--General Principles


2849.106  Fraud or other criminal conduct.

    If the contracting officer has reason to suspect fraud or other 
criminal conduct related to the settlement negotiations of a terminated 
contract, the contracting officer shall discontinue the negotiations 
and report the facts supporting the suspicion through the HCA or 
designee to the OIG.


2849.111  Review of proposed settlements.

    The HCA or designee may establish procedures for the review and 
approval of settlement agreements at a level above the contracting 
officer. In addition, all proposed termination settlements shall be 
reviewed by legal counsel.

PART 2850--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

Subpart 2850.1--Extraordinary Contractual Actions
Sec.
2850.100 Definition.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2850--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

Subpart 2850.1--Extraordinary Contractual Actions


2850.100  Definition.

    Approving authority as used in this part means the Attorney 
General.

SUBCHAPTER H--CLAUSES AND FORMS

PART 2852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Sec.
2852.000 Scope of part.
Subpart 2852.1--Instructions for Using Provisions and Clauses
2852.102 Incorporating provisions and clauses.
Subpart 2852.2--Text of Provisions and Clauses
2852.200 Scope of subpart.
2852.201-70 Contracting Officer's Representative (COR).
2852.203-70 General Non-Disclosure Agreement.
2852.203-71 Intelligence Related Non-Disclosure Agreement.
2852.212-4 Contract Terms and Conditions--Commercial Items (FAR 
Deviation).
2852.222-70 Domestic Violence, Sexual Assault, and Stalking.
2852.223-70 Unsafe Conditions Due to the Presence of Hazardous 
Material.
2852.233-70 Protests Filed Directly with the Department of Justice.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

PART 2852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


2852.000  Scope of part.

    This part provides the text of provisions and clauses which are 
unique to DOJ or supplement the FAR.

Subpart 2852.1--Instructions for Using Provisions and Clauses


2852.102  Incorporating provisions and clauses.

    JAR provisions and clauses in this part may be incorporated in 
solicitations and contracts by reference.

Subpart 2852.2--Text of Provisions and Clauses


2852.200  Scope of subpart.

    This subpart sets forth the text of all DOJ provisions and clauses. 
It also cross-references to the location in the JAR that prescribes the 
use of each provision and clause.


2852.201-70  Contracting Officer's Representative (COR).

    As prescribed in JAR 2801.604, insert the following clause:

CONTRACTING OFFICER'S REPRESENTATIVE (COR) (NOV 2020)

    (a) Mr./Ms. (Name) of (Organization), (Address), (Area Code & 
Telephone No.), is hereby designated to act as Contracting Officer's 
Representative (COR) under (contract #), for the period of (specify 
the performance period of the contract that the designation covers).
    (b) Performance of work under this contract is subject to the 
technical direction of the COR identified above, or another 
representative designated in writing by the Contracting Officer. The 
term ``technical direction'' includes, without limitation, the 
following:
    (i) Receiving all deliverables;
    (ii) Inspecting and accepting the supplies or services provided 
in accordance with the terms and conditions of this contract;
    (iii) Clarifying, directing, or redirecting the contract effort, 
including shifting work between work areas and locations, filling in 
details, or otherwise serving to accomplish the contractual 
statement of work to ensure the work is accomplished satisfactorily;
    (iv) Evaluating performance of the Contractor; and
    (v) Certifying all invoices/vouchers for acceptance of the 
supplies or services furnished for payment.
    (c) The COR does not have the authority to issue direction that:

[[Page 58545]]

    (i) Constitutes a change of assignment or work outside the 
contract specification/work statement/scope of work.
    (ii) Constitutes a change as defined in the clause entitled 
``Changes'' or other similar contract term.
    (iii) Causes, in any manner, an increase or decrease in the 
contract price or the time required for contract performance;
    (iv) Causes, in any manner, any change in a term, condition, or 
specification or the work statement/scope of work of the contract;
    (v) Causes, in any manner, any change or commitment that affects 
price, quality, quantity, delivery, or other term or condition of 
the contract or that, in any way, directs the contractor or its 
subcontractors to operate in conflict with the contract terms and 
conditions;
    (vi) Interferes with the contractor's right to perform under the 
terms and conditions of the contract;
    (vii) Directs, supervises, or otherwise controls the actions of 
the Contractor's employees or a Subcontractor's employees.
    (d) The Contractor shall proceed promptly with performance 
resulting from the technical direction of the COR. If, in the 
opinion of the Contractor, any direction by the COR or the 
designated representative falls outside the authority of (b) above 
and/or within the limitations of (c) above, the Contractor shall 
immediately notify the Contracting Officer.
    (e) Failure of the Contractor and Contracting Officer to agree 
that technical direction is within the scope of the contract is a 
dispute that shall be subject to the ``Disputes'' clause and/or 
other similar contract term.
    (f) COR authority is not re-delegable.


(End of Clause)


2852.203-70  General Non-Disclosure Agreement.

    As prescribed in JAR 2803.908-70, insert the following provision:

GENERAL NON-DISCLOSURE AGREEMENT (AUG 2016)

    The provisions of this Non-Disclosure Agreement (NDA) are 
consistent with and do not supersede, conflict with, or otherwise 
alter the employee obligations, rights, or liabilities created by 
existing statute or Executive Order relating to (1) classified 
information, (2) communications to Congress, (3) the reporting to an 
Inspector General of a violation of any law, rule, or regulation, or 
mismanagement, a gross waste of funds, an abuse of authority, or a 
substantial and specific danger to public health or safety, or (4) 
any other whistleblower protection. The definitions, requirements, 
obligations, rights, sanctions, and liabilities created by 
controlling Executive Orders and statutory provisions are 
incorporated into this agreement and are controlling.


(End of Provision)


2852.203-71  Intelligence Related Non-Disclosure Agreement.

    As prescribed in JAR 2803.908-71, insert the following provision:

INTELLIGENCE RELATED NON-DISCLOSURE AGREEMENT (AUG 2016)

    (1) The signatory will not disclose any classified information 
received in the course of such intelligence or intelligence-related 
activity unless specifically authorized to do so by the United 
States Government; and
    (2) The Non-Disclosure Agreement (NDA) does not bar disclosures 
to Congress, or to an authorized official of an executive agency or 
the Department of Justice, which are essential to reporting a 
substantial violation of law.


(End of Provision)


2852.212-4  Contract Terms and Conditions, Commercial Items (FAR 
Deviation).

    As prescribed in JAR 2812.301, insert the following provision:

TERMS AND CONDITIONS--COMMERCIAL ITEMS (NOV 2020)

    When a commercial item is contemplated (using FAR Part 12 
procedures or otherwise) and the contract will include FAR 52.212-4, 
the following replaces subparagraph (g)(2); paragraph (h); 
subparagraph (i)(2); paragraph (s); and paragraph (u), Unauthorized 
Obligations, of the basic FAR clause, and adds paragraph (w), as 
follows:
    (g)(2) Invoices will be handled in accordance with the Prompt 
Payment Act (31 U.S.C. 3903) and Office of Management and Budget 
(OMB) prompt payment act regulations at 5 CFR part 1315, as modified 
by subparagraph (i)(2), Prompt payment, of this clause.

* * *

    (h) Patent indemnity. Contractor shall indemnify and hold 
harmless the Government and its respective affiliates, officers, 
directors, employees, agents, successors and assigns (collectively, 
``Indemnities'') from and against any and all liability and losses 
incurred by the Indemnities that are (i) included in any settlement 
and/or (ii) awarded by a court of competent jurisdiction arising 
from or in connection with any third party claim of infringement 
made against Indemnities asserting that any product or service 
supplied under this contract constitutes infringement of any patent, 
copyright, trademark, service mark, trade name or other proprietary 
or intellectual right. This indemnity shall not apply unless 
Contractor shall have been informed within a reasonable time by the 
Government of the claim or action alleging such infringement and 
shall have been given such opportunity as is afforded by applicable 
laws, rules, or regulations to participate in its defense. This 
indemnity also shall not apply to any claim unreasonably settled by 
the Government which obligates Contractor to make any admission or 
pay any amount without written consent signed by an authorized 
officer of Contractor, unless required by final decree of a court of 
competent jurisdiction.

* * *

    (i)(2) Prompt payment. The Government will make payment in 
accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt 
payment regulations (5 CFR part 1315), with the following 
modification regarding the due date: For the sole purpose of 
computing an interest penalty due the Contractor, the Government 
agrees to inspect and determine the acceptability of any supply 
delivered or service performed specified in the invoice within 
thirty (30) days of receipt of a proper invoice from the Contractor, 
after which time, if no affirmative action has been taken by the 
Government to accept such supply or service, the supply or service 
will be deemed accepted and payment due thirty (30) days from the 
date of deemed acceptance. If the Government makes the determination 
that the item delivered or service performed is deficient or 
otherwise unacceptable, or the invoice is otherwise determined not 
to be a proper invoice, the terms and conditions of this paragraph 
regarding prompt payment will apply to the date the Contractor 
corrects the deficiency in the item delivered or service performed 
or submits a proper invoice. If actual acceptance occurs within the 
constructive acceptance period, the Government will base the 
determination of an interest penalty on the actual date of 
acceptance. The constructive acceptance requirement does not, 
however, compel Government officials to accept supplies or services, 
perform contract administration functions, or make payment prior to 
fulfilling their responsibilities.

* * *

    (s) Order of precedence. Any inconsistencies in this 
solicitation or contract shall be resolved by giving precedence in 
the following order:
    (1) The schedule of supplies/services.
    (2) The Assignments, Payments, Invoice, Other Compliances, and 
Compliance with Laws Unique to Government Contracts provisions of 
the basic FAR clause at 52.212-4, and the Unauthorized Obligations 
and Contractor's Commercial Supplier Agreements--Unenforceable 
Clauses provisions of JAR 2852.212-4.
    (3) FAR 52.212-5.
    (4) Other paragraphs of the basic FAR clause at 52.212-4, with 
the exception of paragraph (o), Warranty, and those paragraphs 
identified in this deviation of 52.212-4.
    (5) Addenda to this solicitation, contract, or order, including 
contractor's Commercial supplier agreements incorporated into the 
contract.
    (6) Solicitation provisions if this is a solicitation.
    (7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-
4.
    (8) The Standard Form 1449.
    (9) Other documents, exhibits, and attachments.
    (10) The specification.

* * *

    (u) Unauthorized obligations.
    (1) Except as stated in paragraph (u)(2) of this clause, when 
any supply or service acquired under this contract or order is 
subject to any Commercial supplier agreement that includes any 
language, provision, or clause requiring the

[[Page 58546]]

Government to indemnify the Contractor or any person or entity for 
damages, costs, fees, or any other loss or liability that would 
create an Anti-Deficiency Act violation (see 31 U.S.C. 1341), the 
following shall govern:
    (i) Any such language, provision, or clause is unenforceable 
against the Government.
    (ii) Neither the Government nor any Government authorized end 
user shall be deemed to have agreed to such clause by virtue of it 
appearing in the commercial supplier agreement. If the commercial 
supplier agreement is invoked through an ``I agree'' click box or 
other similar mechanism (e.g., ``click-wrap'' or ``browse-wrap'' 
agreements), execution does not bind the Government or any 
Government authorized end user to such clause.
    (iii) Any such language, provision, or clause is deemed to be 
stricken from the commercial supplier agreement and have no effect.
    (2) Paragraph (u) (1) of this clause does not apply to 
indemnification by the Government that is expressly authorized by 
statute and specifically authorized under applicable agency 
regulations and procedures.

* * *

    (w) Commercial supplier agreements--unenforceable clauses. When 
any supply or service acquired under this contract or order is 
subject to a contractor's commercial supplier agreement, the 
following shall be deemed incorporated into such agreement and 
modifies and replaces any similar language, provision, or clause in 
such agreement. As used herein, ``this agreement'' means any 
contractor commercial supplier agreement:
    (1) Notwithstanding any other provision of this agreement, when 
the end user is an agency or instrumentality of the U.S. Government, 
the following shall apply:
    (i) Applicability. This agreement is a part of a contract 
between commercial supplier and the U.S. Government for the 
acquisition of the supply or service that necessitates a license or 
other similar legal instrument (including all contracts, task 
orders, and delivery orders under FAR Part 12).
    (ii) End user. This agreement shall bind the Government as end 
user but shall not operate to bind the Government employee or person 
acting on behalf of the Government in his or her personal capacity.
    (iii) Law and disputes. This agreement is governed by Federal 
law.
    (A) Any language, provision, or clause purporting to subject the 
U.S. Government to the laws of any U.S. state, territory, district, 
or municipality, or the laws of a foreign nation, except where 
Federal law expressly provides for the application of such laws, is 
hereby deleted and shall have no effect.
    (B) Any language, provision, or clause requiring dispute 
resolution in a specific forum or venue that is different from that 
prescribed by applicable Federal law is hereby deleted and shall 
have no effect.
    (C) Any language, provision, or clause prescribing a different 
time period for bringing an action than that prescribed by 
applicable Federal law in relation to a dispute is hereby deleted 
and shall have no effect.
    (iv) Continued performance. Notwithstanding any other provision 
in this agreement, if the Contractor believes the Government to be 
in breach of this contract, order, or agreement, it shall pursue its 
rights under the Contract Disputes Act or other applicable Federal 
statute while continuing performance as set forth in subparagraph 
(d), Disputes, of FAR 52.212-4.
    (v) Arbitration; equitable or injunctive relief. In the event of 
a claim or dispute arising under or relating to the contract, order, 
or this agreement, (A) binding arbitration shall not be used unless 
otherwise specifically authorized by agency guidance, and (B) 
equitable or injunctive relief, including the award of attorney 
fees, costs or interest, may be awarded against the Government only 
when explicitly provided by statute.
    (vi) Updating terms.
    (A) After award, the contractor may unilaterally revise terms if 
they are not material. Material terms are defined as:
    (1) Terms that change Government rights or obligations;
    (2) Terms that increase Government prices;
    (3) Terms that decrease the overall level of service; or
    (4) Terms that limit any other Government right addressed 
elsewhere in this contract.
    (B) For revisions that materially change the terms of the 
contract, the revised commercial supplier agreement must be 
incorporated into the contract using a bilateral modification.
    (C) Any agreement terms or conditions unilaterally revised 
subsequent to award that are inconsistent with any material term or 
provisions of this contract shall not be enforceable against the 
Government, and the Government shall not be deemed to have consented 
to them.
    (vii) Order of precedence. Any Order of Precedence clause in any 
commercial supplier agreement is not enforceable against the 
Government. The applicable Order of Precedence for this contract, 
order, or agreement is FAR 52.212-4(s), as revised by JAR 2812.302 
and 2852.212-4(s).
    (viii) No automatic renewals. If any license or service tied to 
period payment is provided under this agreement (e.g., annual 
software maintenance or annual lease term), such license or service 
shall not renew automatically upon expiration of its current term 
without prior express consent by a properly warranted contracting 
officer, and any provision or term of any license or service 
purporting to provide for automatic renewal is unenforceable against 
the Government.
    (ix) Indemnification by the Government or end-user. Any 
language, provision, or clause of this commercial supplier agreement 
requiring the Government or End-user to indemnify the commercial 
supplier or licensor is not enforceable against the Government.
    (x) Indemnification by the commercial supplier or licensor. Any 
clause of this agreement requiring or permitting the commercial 
supplier or licensor to defend the Government as a condition of 
indemnifying the Government for any claim of infringement is hereby 
amended to provide that the U.S. Department of Justice has the sole 
right to represent the United States in any such action, in 
accordance with 28 U.S.C. 516.
    (xi) Audits. Any language, provision, or clause of this 
commercial supplier agreement permitting Contractor to audit the end 
user's compliance with this agreement is not enforceable against the 
Government. To the extent any language, provision or clause of this 
agreement permits Contractor to audit the Government's compliance 
under this contract, order, or agreement, such language, provision, 
or clause of this agreement is hereby stricken and replaced as 
follows:
    ``(A) If Contractor reasonably believes that the Government has 
violated the terms of this agreement with regard to the restrictions 
on authorized use and/or the number of authorized users, upon 
written request from Contractor, including an explanation of the 
basis for the request, DOJ will provide a redacted version of the 
Government's most recent Security Assessment and Authorization 
package (SAA) to Contractor on a confidential basis, so that 
Contractor may reasonably verify the Government's compliance with 
its obligations under this agreement. Contractor understands and 
agrees that the Government will remove or redact any information 
from the SAA that it reasonably believes may compromise (a) the 
security of the Government's information technology environment; (b) 
the confidentiality of any third-party proprietary or confidential 
information; (c) any confidential, sensitive law enforcement 
information; and (d) any other information that the Government 
believes may compromise a past, current, or prospective 
investigation, prosecution, or litigation. Notwithstanding the 
preceding, and subject to the Government's policies and procedures 
for such review, including but not limited to complying with all 
Government security requirements prior to being granted access to 
the Government's facilities, including the execution of appropriate 
confidentiality and/or non-disclosure agreements, the Government 
will arrange, upon Contractor's written request, for Contractor to 
view an un-redacted version of the SAA on Government premises. 
Contractor understands that Contractor will be provided a copy of 
the un-redacted SAA on Government premises only and that no un-
redacted copy of the SAA, or any medium containing information 
relating to it, will be permitted to be removed from Government 
premises.
    (B) The Contractor also understands and agrees that the 
Contractor shall make a request under this paragraph no more than on 
an annual basis and only during the period of the contract, and that 
any activities performed by Contractor under this clause will be 
performed at Contractor's expense, without reimbursement by the 
Government.
    (C) Discrepancies found with regard to the restrictions on 
authorized use and/or the number of authorized users may result in a 
charge by Contractor to the Government. Any resulting invoice must 
comply with the proper invoicing and payment requirements specified 
in the contract. This charge, if disputed by the Government, will be 
resolved through the Disputes clause at 52.212-4(d); no payment 
obligation shall arise on the part of the Government until the 
conclusion of the dispute process.''
    (xii) Taxes or surcharges. Any taxes or surcharges which the 
Contractor seeks to

[[Page 58547]]

pass along to the Government as end user will be governed by the 
terms of the underlying Government contract and, in any event, must 
be submitted to the Contracting Officer for a determination of 
applicability prior to invoicing unless specifically agreed to 
otherwise in the Government contract.
    (xiii) Non-assignment. This agreement may not be assigned, nor 
may any rights or obligations thereunder be delegated, without the 
Government's prior approval, except as expressly permitted under FAR 
52.212-4 (b), Assignment.
    (xiv) Confidential information.
    (A) During the term of this contract or order, either party may 
identify information as ``confidential information,'' and there 
shall be no disclosure, dissemination, or publication of any such 
information except to the extent required for the performance of 
this contract or order and otherwise provided in this clause or by 
statute or regulation. Specifically, the parties agree that the 
party receiving confidential information may only disclose such 
information to its employees and contractors on a ``need-to-know'' 
basis to carry out the obligations of this contract or order, and 
that subcontractors performing under this Agreement are subject to 
the same stipulations provided in this provision. The parties also 
agree that this provision shall survive the termination of this 
contract or order, and any confidential information obtained or 
received which comes within these restrictions shall remain 
confidential, provided that the obligation to treat information as 
confidential shall not apply to information which is or becomes 
publicly available through no improper action of the receiving 
party; is or comes to be in the receiving party's possession 
independent of its relationship with the disclosing party; is 
developed by or becomes known to the receiving party without use of 
any confidential information of the disclosing party; or is obtained 
rightfully from a third party not bound by an obligation of 
confidentiality. Additionally, nothing in this contract or order 
shall restrict disclosure by the receiving party pursuant to any 
applicable law, including but not limited to the Freedom of 
Information Act, 5 U.S.C. 552, et seq., or an order of any court of 
competent jurisdiction, provided that in either such case the 
receiving party gives prompt notice to the disclosing party to allow 
the disclosing party to interpose an objection to such disclosure, 
take action to assure confidential handling of the confidential 
information, or take such other action as it deems appropriate to 
protect its confidential information.
    (B) The Government considers and hereby identifies as 
confidential any and all information related to any inquiries and/or 
searches performed by the Government or by contractor at the 
Government's direction under this contract or order, including the 
subject of any such inquiry or search and any and all search terms, 
regardless of whether provided in writing or orally to Contractor, 
and Contractor agrees that it may only disclose such information to 
its employees and contractors on a ``need-to-know'' basis to carry 
out the obligations of this contract or order and that it will not 
share, reveal, divulge, disclose, disseminate, or publicize any such 
information to any third party except as provided in this provision 
without the prior written approval of the Contracting Officer. 
Contractor also understands and agrees that any subcontractors 
performing under this contract or order are subject to the same 
stipulations and that Contractor may be held responsible for any 
violations of confidentiality by a subcontractor.
    (C) These provisions are consistent with and do not supersede, 
conflict with, or otherwise alter an employee's obligations, rights, 
or liabilities created by existing statute or Executive order 
relating to (1) classified information, (2) communications to 
Congress, (3) the reporting to an Inspector General of a violation 
of any law, rule, or regulation, or mismanagement, a gross waste of 
funds, an abuse of authority, or a substantial and specific danger 
to public health or safety, or (4) any other whistleblower 
protection. The definitions, requirements, obligations, rights, 
sanctions, and liabilities created by Executive orders and statutory 
provisions relating to whistleblower protection are incorporated 
into this contract and are controlling.
    (D) The Government may share the terms, conditions and prices 
set forth in this Order with, and provide a copy of the Order to, 
other Executive branch agencies of the U.S. Government, provided 
that the Government shall ensure that other Executive branch 
agencies to which it provides such information will be required to 
treat all such information consistent with terms and conditions set 
forth in this Order.
    (E) Notwithstanding anything in this agreement, the Government 
may retain any confidential information as required by law, 
regulation, or its internal document retention procedures for legal, 
regulatory, or compliance purposes; provided, however, that all such 
retained confidential information will continue to be subject to the 
confidentiality obligations of this Order.
    (xv) Authorized users. Authorized users may include full and 
part-time employees of the Government, including those working at or 
from remote locations, and contractors and contractor employees 
working within the scope of their contract with the Government, 
including those at or from remote locations.
    (xvi) Authorized use. Authorized users are authorized to use the 
product or service acquired under this contract in performing 
business on behalf of the Government. Any information obtained or 
acquired by the Government under this contract may be used by the 
Government in the performance of Government business.
    (2) If any language, provision, or clause of this agreement 
conflicts or is inconsistent with the preceding paragraph (w)(1), 
the language, provisions, or clause of paragraph (w)(1) shall 
prevails to the extent of such inconsistency.


2852.222-70   Domestic Violence, Sexual Assault, and Stalking.

    As prescribed in JAR 2822.101-70, insert the following clause:

DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING (DEC 2014)

    (a) It is DOJ policy to enhance workplace awareness of and 
safety for victims of domestic violence, sexual assault, and 
stalking. This policy is summarized in ``DOJ Policy Statement 
1200.02, Federal Workforce Responses to Domestic Violence, Sexual 
Assault, and Stalking,'' available in full for public viewing at: 
https://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-sexualassault-stalking.pdf.
    Vendor agrees, upon contract award, to provide notice of this 
Policy Statement, including at a minimum the above-listed URL, to 
all Vendor employees and employees of subcontractors who will be 
assigned to work on DOJ premises.
    (b) Upon contract award, DOJ will provide the Contractor with 
the name and contact information of the point of contact for victims 
of domestic violence, sexual assault, and stalking for the component 
or components where the Contractor will be performing. The 
Contractor agrees to inform its employees and employees of 
subcontractors, who will be assigned to work on DOJ premises, with 
the name and contact information of the point of contact for victims 
of domestic violence, sexual assault, and stalking.


(End of Clause)


2852.223-70   Unsafe Conditions Due to the Presence of Hazardous 
Material.

    As prescribed in JAR 2823.303-70, insert the following clause:

UNSAFE CONDITIONS DUE TO THE PRESENCE OF HAZARDOUS MATERIAL (NOV 2020)

    (a) ``Unsafe condition'' as used in this clause means the actual 
or potential exposure of Contractor or Government employees to a 
hazardous material.
    (b) ``Hazardous Material'' as used in this clause includes any 
material defined as hazardous under the latest version of Federal 
Standard No. 313 (including revisions adopted during the term of the 
contract), any other potentially hazardous material requiring safety 
controls, or any other material or working condition designated as 
hazardous by the Contracting Officer's Representative (COR).
    (c) The Occupational Safety and Health Administration (OSHA) is 
responsible for issuing and administering regulations that require 
Contractors to apprise its employees of all hazards to which they 
may be exposed in the course of their employment; proper conditions 
and precautions for safe use and exposure; and related symptoms and 
emergency treatment in the event of exposure.
    (d) Prior to commencement of work, Contractors are required to 
inspect for and report to the Contracting Officer the presence of, 
or suspected presence of, any unsafe condition including asbestos or 
other hazardous materials or working conditions in areas in which 
they will be working.

[[Page 58548]]

    (e) If during the performance of the work under this contract, 
the Contractor or any of its employees, or subcontractor employees, 
discovers the existence of an unsafe condition, the Contractor shall 
immediately notify the Contracting Officer, or designee (with 
written notice provided not later than three (3) working days 
thereafter), of the existence of an unsafe condition. Such notice 
shall include the Contractor's recommendations for the protection 
and the safety of Government, Contractor and subcontractor personnel 
and property that may be exposed to the unsafe condition.
    (f) When the Government receives notice of an unsafe condition 
from the Contractor, the parties will agree on a course of action to 
mitigate the effects of that condition and, if necessary, the 
contract will be amended. Failure to agree on a course of action 
will constitute a dispute under the Disputes clause of this 
contract.
    (g) Nothing contained in this clause shall relieve the 
Contractor or subcontractors from complying with applicable Federal, 
State, and local laws, codes, ordinances and regulations (including 
the obtaining of licenses and permits) in connection with hazardous 
material including but not limited to the use, disturbance, or 
disposal of such material.


(End of Clause)


2852.233-70   Protests Filed Directly with the Department of Justice.

    As prescribed in JAR 2833.102(d), insert a clause substantially as 
follows:

PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (NOV 2020)

    (a) The following definitions apply in this provision:
    (1) ``Agency Protest Official'' (APO) means the Deciding 
Official for a procurement protest filed with a contracting activity 
of DOJ when the contracting officer will not be the Deciding 
Official because of the protestor's election under JAR 2833.103(b)
    (2) ``Deciding Official'' means the official who will review and 
decide a procurement protest filed with the agency. The Deciding 
Official will be the contracting officer unless the protestor 
requests pursuant to JAR 2833.103(b) that the protest be decided by 
an individual above the level of the contracting officer, in which 
case the HCA will designate an APO to serve as the Deciding 
Official.
    (3) ``Interested Party'' means an actual or prospective offeror 
whose direct economic interest would be affected by the award of a 
contract or by the failure to award a contract.
    (b) Only interested parties may file a protest.
    (c) An interested party filing a protest with the DOJ has the 
choice of requesting either that the Contracting Officer or the APO 
decide the protest.
    (d) A protest filed directly with the DOJ shall:
    (1) Indicate that it is a protest to DOJ.
    (2) Be filed with the Contracting Officer.
    (3) State whether the protestor chooses to have the Contracting 
Officer or the Agency Protest Official decide the protest. If the 
protestor is silent on this matter, the Contracting Officer will 
decide the protest.
    (4) Indicate whether the protestor prefers to make an oral or 
written presentation of arguments in support of the protest to the 
deciding official.
    (5) Include the information required by FAR 33.103(d)(2):
    (i) Name, address, facsimile number and telephone number of the 
protestor.
    (ii) Solicitation or contract number.
    (iii) Detailed statement of the legal and factual grounds for 
the protest, to include a description of resulting prejudice to the 
protestor.
    (iv) Copies of relevant documents.
    (v) Request for a ruling by the agency.
    (vi) Statement as to the form of relief requested.
    (vii) All information establishing that the protestor is an 
interested party for the purpose of filing a protest.
    (viii) All information establishing the timeliness of the 
protest.
    (e) The decision by the APO is an alternative to a decision by 
the Contracting Officer. The APO will not consider appeals from the 
Contracting Officer's decision on an agency protest and a decision 
by the APO is final and not appealable.
    (f) The Deciding Official may conduct a scheduling conference. 
The scheduling conference, if conducted, will establish deadlines 
for oral or written arguments in support of the agency protest and 
for agency officials to present information in response to the 
protest issues. The deciding official may hear oral arguments in 
support of the agency protest at the same time as the scheduling 
conference, depending on availability of the necessary parties.
    (g) Oral conferences may take place either by telephone or in 
person.
    (h) The protestor has only one opportunity to support or explain 
the substance of its protest. DOJ procedures do not provide for any 
discovery. The deciding official may request additional information 
from the agency or the protestor. The deciding official will resolve 
the protest through informal presentations or meetings to the 
maximum extent practicable.
    (i) A protestor may represent itself or be represented by legal 
counsel. The DOJ will not reimburse the protester for any legal fees 
related to the agency protest.
    (j) The DOJ will stay award or suspend contract performance in 
accordance with FAR 33.103(f), unless the contract award is 
justified, in writing, for urgent and compelling reasons or is 
determined, in writing, to be in the best interest of the 
Government. The justification or determination shall be approved at 
a level above the Contracting Officer. The stay or suspension, 
unless over-ridden, remains in effect until the protest is decided, 
dismissed, or withdrawn.
    (k) The deciding official will make a best effort to issue a 
decision on the protest within thirty-five (35) days after the 
filing date. The decision shall be written, and provided to the 
protestor using a method that provides for evidence of receipt.
    (l) The DOJ may dismiss or stay proceedings on an agency protest 
if a protest on the same or similar basis is filed with a forum 
outside DOJ.


(End of Clause)

    Dated: September 30, 2021.
Lee Lofthus,
Assistant Attorney General for Administration.

    Note: The following appendix will not appear in the Code of 
Federal Regulations.


Appendix--Sections of the JAR That Are Being Proposed for Removal and/or
                                Renaming
------------------------------------------------------------------------
         Current JAR provision                     Disposition
------------------------------------------------------------------------
2801.2 Administration..................  Not Replaced. New 2801.1
                                          Purpose, Authority, Issuance.
2801.270-1 Revisions...................  Not Replaced.
2801.470 Requests for Class Deviations.  Now 2801.404.
2801.602 Contracting Officer...........  Not Replaced.
2801.602-3 Ratification of Unauthorized  Not Replaced.
 Commitments.
2801.603 Selection, Appointment and      Not Replaced.
 Termination of Appointment.
2801.603-1 Department of Justice         Not Replaced.
 Acquisition Career Management Program.
2801.603-3 Appointment.................  Not Replaced. [Addressed
                                          Contracting Officer's
                                          Representative (COR)
                                          appointment below Micro
                                          Threshold.]
2801.70 Contracting Officer's Technical  New 2801.604 addresses COR.
 Representative (COTR).
2801.7001-701 General..................  New 2801.604 addresses COR.
2801.7001-702 Selection, Appointment     New 2801.604 addresses COR.
 and Limitation of Authority.
2803.104-10 Violations or Possible       Now 2803.104-7.
 Violations.
2803.104-70 Ethics Program Training      Not Replaced.
 Requirements.
2804.403 Responsibilities of             Not Replaced.
 Contracting Officers.

[[Page 58549]]

 
2804.470 Contractor Personnel Security   Now 2804.402-70--Contractor
 Program.                                 Personal Security Program.
2804.470-1 Policy......................  See 2804.402-70.
2804.470-2 Responsibilities............  See 2804.402-70.
2804.5 Electronic Commerce in            Not Replaced.
 Contracting.
2804.506 Exemptions....................  Not Replaced.
2804.6 Contract Reporting..............  Now 2804.903-70.
2804.602 Federal Procurement Data        Now 2804.903-70.
 System.
2804.8 Government Contract Files.......  Not Replaced.
2804.805 Storage, Handling, and          Not Replaced.
 Contract Files.
2804.902 Contract Information..........  Now addressed in 2804.903-70.
2804.970 Special Reporting Exceptions..  Now addressed in 2804.903-71.
2805.201-70 Departmental Notification..  Not Replaced.
2805.3 Synopses of Contract Awards.....  Now 2805.2 Synopsis of Proposed
                                          Contract Actions.
2805.302-70 Departmental Notification..  Not Replaced.
2805.503-70 Procedures.................  Not Replaced.
2806.302 Circumstances Permitting Other  Now addressed in 2806.3.
 Than Full and Open Competition.
2806.302-7 Public Interest.............  Not Replaced.
2806.302-70 Determinations and Findings  Now addressed in 2806.304
                                          Approval of the Justification.
2806.303 Justifications................  See above.
2806.303-1 Requirements................  See above.
2806.303-2 Content.....................  See above.
2806.502 Duties and Responsibilities...  Now 2806.5 Advocates for
                                          Competition.
2807.102 Policy........................  Now 2807.1 addresses
                                          Acquisition Planning.
2807.102-70 Applicability..............  Now 2807.1 addresses
                                          Acquisition Planning.
2807.103-70 Other Officials'             Now 2807.1 addresses
 Responsibilities.                        Acquisition Planning.
2807.105 Contents of Written             Now 2807.1 addresses
 Acquisition Plans.                       Acquisition Planning.
2807.5 Inherently Governmental           Not Replaced.
 Functions.
2807.503 Policy........................  Not Replaced.
2809.404 List of Parties Excluded From   Not Replaced.
 Federal Procurement and Nonprocurement
 Programs.
2811.001 Definitions...................  [Not replaced, but 2811.001
                                          Still ``Describing Agency's
                                          Needs''].
2811.104-70 Brand-Name or Equal          Not Replaced.
 Description.
2813.7001 Policy.......................  Now 2813.70-1. [2813.70-1
                                          addresses Simplified
                                          Acquisitions].
2813.7002 Procedures...................  Now in 2813.70-2.
2814.409 Information to Bidders........  Not Replaced.
2814.409-2 Award of Classified           Not Replaced.
 Contracts.
2815.205 Issuing Solicitations.........  Not Replaced.
2815.404-2 Information to Support        Renamed ``Data to Support
 Proposal Analysis.                       Proposal Analysis''.
2815.207 Handling Proposals and          Not Replaced.
 Information.
2815.404-4 Profit......................  Not Replaced.
2815.407-4 Should-Cost Review..........  Not Replaced.
2816.6 Time-And-Materials, Labor-Hour,   Not Replaced.
 and Letter Contracts.
2816.601 Time-And-Material Contracts...  Not Replaced.
2816.603-2 Application.................  Not Replaced.
2816.603-3 Limitations.................  Not Replaced.
2817.108 Congressional Notification....  Not Replaced. [But Multi-Year
                                          Contracting now at part 2817].
2817.605 Award, Renewal and Extension..  Not Replaced. [Multi-Year
                                          Contracting now at part 2817].
2819.506 Withdrawing or Modifying Set-   Not Replaced.
 Asides.
2819.6 Certificates of Competency and    Not Replaced.
 Determinations of Eligibility.
2819.602 Procedures....................  Not Replaced.
2819.602-1 Referral....................  Not Replaced.
2819.70 Forecasts of Expected Contract   Not Replaced.
 Opportunities.
2819.7001 General......................  Not Replaced.
2819.7002 Procedures...................  Not Replaced.
2822.13 SERVICE DISABLED AND VIETNAM     Renamed Equal Opp. For
 ERA VETERANS.                            Veterans.
2822.303 Waivers.......................  Not Replaced.
2823 ENVIRONMENT CONSERVATION,           Renamed ENVIRONMENT, ENERGY AND
 OCCUPATIONAL SAFETY, AND DRUG-FREE       WATER EFFICIENCY, RENEWABLE
 WORKPLACE.                               ENERGY TECHNOLOGIES,
                                          OCCUPATIONAL SAFETY, AND DRUG-
                                          FREE WORKPLACE.
2823.1 Pollution Control and Clean Air   Not Replaced.
 and Water.
2823.107 Compliance Responsibilities...  Not Replaced.
2823.303-70 Departmental Contract        Renamed Unsafe Conditions Due
 Clause.                                  to Hazardous Material.
2823.4 USE OF RECOVERED MATERIALS......  Now ``USE OF RECOVERED
                                          MATERIALS AND BIOBASED
                                          PRODUCTS''.
2823.403 Policy........................  Not Replaced.
2823.404 Procedures....................  Renamed ``Agency affirmative
                                          procurement programs''.
Part 2824 Protection of Privacy and      Not Replaced.
 Freedom of Information.
2824.2 Freedom of Information Act......  Not Replaced.
2824.202 Policy........................  Not Replaced.
2825.203 Evaluating Offers.............  Now 2825.204.
2825.3 BALANCE OF PAYMENT PROGRAM......  Not Replaced.

[[Page 58550]]

 
2825.3 Policy..........................  [There were two sections
                                          labelled 2825.3] Not Replaced.
2825.9 Additional Foreign Acquisition    Not Replaced.
 Clause.
2825.901 Omission of Audit Clause......  Not Replaced.
2828.1 Bonds...........................  Now BONDS AND OTHER FINANCIAL
                                          PROTECTIONS.
2828.2 Sureties........................  Now SURETIES AND OTHER SECURITY
                                          FOR BONDS.
2831.205-32 Precontract Costs..........  Not Replaced.
2832.903 Policy [under PROMPT PAYMENT].  Renamed ``Responsibilities.''
2842.15 Contractor Performance           Not Replaced.
 Information.
2842.1502 Policy.......................  Not Replaced.
2842.1503 Procedures...................  Not Replaced.
2845.105 Records of Government Property  Renamed, but still at 2845.105.
2845.505-14 Report of Government         Renamed, now at 2845.105-70.
 Property.
2845.6 Reporting, Redistribution, and    Now part of 2845.105-70.
 Disposal of Contactor Inventory.
2845.603 Disposal Methods..............  Not Replaced.
2852.102-270 Incorporation in Full Text  Not Replaced.
2852.201-70 Contracting Officer's        Renamed Contracting Officer's
 Technical Representative.                Representative (COR).
2852.211-70 Brand Name or Equal........  Not Replaced.
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[FR Doc. 2021-21844 Filed 10-20-21; 8:45 am]
BILLING CODE 4410-AR-P