Department of the Interior Acquisition Regulation Governance Titles, 85172-85177 [2023-26443]
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85172
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules
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meter band that were allocated for
amateur radio service after the release of
the NPRM. The Commission does not
seek comment on other, unrelated issues
in the docket at this time.
4. Digital Equity and Inclusion.
Finally, the Commission, as part of its
continuing effort to advance digital
equity for all, including people of color,
persons with disabilities, persons who
live in rural or Tribal areas, and others
who are or have been historically
underserved, marginalized, or adversely
affected by persistent poverty or
inequality, invites comment on any
equity-related considerations and
benefits (if any) that may be associated
with the proposals and issues discussed
herein. Specifically, the Commission
seeks comment on how our proposals
may promote or inhibit advances in
diversity, equity, inclusion, and
accessibility, as well the scope of the
Commission’s relevant legal authority.
Procedural Matters
5. Regulatory Flexibility Certification.
The Regulatory Flexibility Act of 1980,
as amended (RFA) requires that an
agency prepare a regulatory flexibility
analysis for notice and comment
rulemakings, unless the agency certifies
that ‘‘the rule will not, if promulgated,
have a significant economic impact on
a substantial number of small entities.’’
The RFA generally defines the term
‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ In addition,
the term ‘‘small business’’ has the same
meaning as the term ‘‘small business
concern’’ under the Small Business Act.
A ‘‘small business concern’’ is one
which: (1) is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
Small Business Administration (SBA).
6. In the FNPRM, the Commission
proposes to amend the amateur service
rules to change technical rules
applicable to data emissions that an
amateur radio operator may use in his
or her communications with other
amateur radio operators in the 135.7–
137.8 kHz (2200 meter) and 472–479
kHz (630 meter) bands, and VHF and
UHF bands. As discussed above, the
RFA’s definition of ‘‘small entities’’
does not include a ‘‘person’’ or an
individual, as the terms are used in this
proceeding. As a result, the proposed
rules do not apply to ‘‘small entities,’’
but instead apply exclusively to
individuals who hold certain
Commission authorizations.
Accordingly, applying the statutorily
mandated criteria the Commission
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concludes and, therefore, certifies in
this Initial Regulatory Flexibility
Certification, that the rules adopted in
the FNPRM will not have a significant
economic impact on a substantial
number of small entities.
7. The Commission will send copies
of the FNPRM, including copies of the
Initial Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the SBA.
8. Paperwork Reduction Act. This
document does not contain proposed
information collection(s) subject to the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13. In addition,
therefore, it does not contain any new
or modified information collection
burden for small business concerns with
fewer than 25 employees, pursuant to
the Small Business Paperwork Relief
Act of 2002, Public Law 107–198, see 44
U.S.C. 3506(c)(4).
9. Providing Accountability Through
Transparency Act: The Providing
Accountability Through Transparency
Act requires each agency, in providing
notice of a rulemaking, to post online a
brief plain-language summary of the
proposed rule. Accordingly, the
Commission will publish the required
summary of this Further Notice of
Proposed Rulemaking on https://
www.fcc.gov/proposed-rulemakings.
Ordering Clauses
10. Accordingly, it is ordered that,
pursuant to Sections 4(i), 5, 303(r), and
403 of the Communications Act of 1934,
47 U.S.C. 154(i), 155, 303(r), and 403 of
the Commission’s rules, that this
Further Notice of Proposed Rulemaking
is hereby adopted. Proceeding RM–
11708 is terminated.
11. It is further ordered that the Office
of the Secretary, Reference Information
Center, shall send a copy of the Further
Notice of Proposed Rulemaking
including the Initial Regulatory
Flexibility Certification, to the Chief
Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 97
Radio.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 97 as follows:
PART 97—AMATEUR RADIO SERVICE
1. The authority citation for part 97
continues to read as follows:
■
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Authority: 47 U.S.C. 151–155, 301–609,
unless otherwise noted.
2. Section 97.307 is amended by
revising paragraphs (f)(3), (5), and (6) to
read as follows:
■
§ 97.307
Emission standards.
*
*
*
*
*
(f) * * *
(3) Only a RTTY or data emission
using a specified digital code listed in
§ 97.309(a) may be transmitted.
*
*
*
*
*
(5) A RTTY, data or multiplexed
emission using a specified digital code
listed in § 97.309(a), or using an
unspecified digital code under the
limitations listed in § 97.309(b), may be
transmitted. The authorized bandwidth
is 20 kHz.
(6) A RTTY, data or multiplexed
emission using a specified digital code
listed in § 97.309(a), or using an
unspecified digital code under the
limitations listed in § 97.309(b), may be
transmitted. The authorized bandwidth
is 100 kHz.
*
*
*
*
*
[FR Doc. 2023–26769 Filed 12–6–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
48 CFR Parts 1401, 1402, 1403, 1405,
1414, 1416, 1419, 1426, 1431, 1442,
1443, and 1449
[Docket No. DOI–2023–0012; 234D0102DM,
DS62400000, DLSN00000.000000, DX62401]
RIN 1090–AB25
Department of the Interior Acquisition
Regulation Governance Titles
Office of Acquisition and
Property Management, Interior.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of the
Interior proposes changes to the
Department of the Interior acquisition
regulations to update its nomenclature
to align with recent changes to agency
procurement governance. This proposal
enables acquisition programs to more
efficiently meet the Department’s
mission needs and comply with all
applicable law and regulations.
DATES: Comments must be received on
or before February 5, 2024.
ADDRESSES: You may submit comments,
identified by Docket No. DOI–2023–
0012 on the rulemaking through the
Federal eRulemaking Portal at https://
www.regulations.gov. Follow the
instructions on the website for
submitting comments.
SUMMARY:
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Ms.
Antonia Giammo, Senior Procurement
Analyst; telephone (202) 208–5250 or
email pam_policy@ios.doi.gov.
Individuals in the United States who are
deaf, blind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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I. Background
As part of a broader effort to improve
the Department of Interior’s (DOI’s)
procurement function and strengthen its
workforce, the Department recently
made changes to its procurement
governance. These updates were made
in accordance with 41 U.S.C. 1702,
Chief Acquisition Officers and senior
procurement executives, and
Departmental Manual 205 DM 11,
General Delegations, Procurement and
Contracting. In amending its
procurement governance, DOI created
consistency in organizational structure
and leadership roles across its bureaus
and offices, and reassigned roles
established by the Federal Acquisition
Regulation to better streamline
acquisition approval processes. This
proposed rule amends the Department
of the Interior Acquisition Regulation to
reflect the changes in procurement
governance by removing role
designations no longer used and
replacing with the appropriate
procurement roles.
II. Description of Changes
The Federal Acquisition Regulations
System consists of the Federal
Acquisition Regulation (FAR), which is
the codification of uniform policies and
procedures for acquisition by all
executive agencies, and agency
acquisition regulations, such as the
Department of the Interior Acquisition
Regulation (DIAR), that implement or
supplement the FAR. The Federal
Acquisition Regulations System is
codified in Title 48 of the Code of
Federal Regulations (CFR).
Part 2 of the FAR defines the
following key procurement roles: agency
head, Chief Acquisition Officer (in
accordance with 41 U.S.C. 1702), senior
procurement executive (in accordance
with 41 U.S.C. 1702), head of the
contracting activity, and contracting
officer. The FAR uses the term ‘‘chief of
the contracting office’’ without defining
it. Part 1402 of the current DIAR
identifies within the Department the
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agency head, senior procurement
executive, and heads of the contracting
activity. Part 1402 of the DIAR also
defines the terms ‘‘bureau procurement
chief’’ and ‘‘chief of the contracting
office’’.
This rule proposes to revise the DIAR
in the following ways:
• Remove the term ‘‘bureau
procurement chief’’ and replace with
‘‘head of contracting activity’’.
• Amend the Department’s definition
of ‘‘head of contract activity’’.
• Add and define the term ‘‘bureau
procurement executive’’.
• Update references to the above
terms as used throughout the DIAR.
The term ‘‘bureau procurement chief’’
(BPC) is not used in the FAR or across
executive agencies broadly. DOI defined
the term in the DIAR to mean the senior
General Schedule (GS) Series 1102
(contracting) official in a bureau or
office. The term ‘‘head of contracting
activity’’ (HCA) is defined in the FAR as
the official who has overall
responsibility for managing the
contracting activity. The current DIAR
further specifies that the HCA is the
assistant or associate administrative
head of each bureau and office who has
overall responsibility for managing
contracting. Within DOI, the BPC would
be in a direct reporting line to the HCA.
Except for the Interior Business Center,
the HCA would not necessarily have a
GS–1102 background and would also be
responsible for other areas beyond
procurement.
Both the FAR and DIAR require HCA
review and approval of certain
procurement actions. In practice, HCAs
delegated their approvals to the BPC in
most cases allowed under regulation.
When HCA approval was required, it
would still come through the BPC, but
the additional layer of review would
result in additional time to coordinate
HCA briefing and approval.
When reevaluating DOI’s procurement
governance, the Department determined
that in practice, the BPC was indeed the
individual responsible for managing the
contracting activity and the HCA was
the senior executive accountable for the
contracting activity but not involved in
the day-to-day management of the
function. The Chief Acquisition Officer,
senior procurement executive, HCAs,
and BPCs all concurred that
accordingly, the senior GS–1102 in a
bureau (or office equivalent) should be
designated as the HCA rather than the
DIAR specific term BPC. It was
determined that this change would also
streamline procurement actions
requiring HCA approval by removing a
layer of review that was either delegated
or offered nominal additional benefit.
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The senior executives who had been
designated as HCAs would now be
designated as ‘bureau procurement
executives’ (BPEs) and would still be
accountable for the bureau’s contracting
function.
These changes are part of a broader
Departmental effort to provide greater
consistency across bureau and office
procurement organizations and to
empower procurement leadership. The
changes to the titles bureau
procurement chief, head of contracting
activity, and bureau procurement
executive do not result in any change to
reporting chains or key duties of those
holding these positions. The changes
also do not impose any new
requirements on or change the manner
in which DOI interacts with its
contractors and the public.
III. Required Determinations
A. Regulatory Planning and Review
(Executive Orders 12866, 13563, and
14094)
Executive Order (E.O.) 12866 provides
that the Office of Information and
Regulatory Affairs (OIRA) will review
all significant rules. OIRA has
determined that this proposed rule is
not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
Executive Order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public,
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
Executive Order 14094 reaffirms the
principles of E.O. 12866 while calling
for improvements in public
participation, inclusiveness, and
regulatory analysis. We have developed
this rule in a manner consistent with
E.O. 14094.
B. Regulatory Flexibility Act
The Secretary certifies that the
adoption of this proposed rule will not
have a significant economic impact on
a substantial number of small entities as
they are defined in the Regulatory
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Flexibility Act (5 U.S.C. 601 et seq.).
Therefore, under 5 U.S.C. 605(b), this
rulemaking is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
C. Small Business Regulatory
Enforcement Fairness Act
This proposed rule is not a major rule
under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C.
804(2)). This rule:
(a) Will not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Will not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This proposed rule does not impose
an unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or tribal
governments, or the private sector nor
does the rule impose requirements on
State, local, or tribal governments. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
E. Takings (E.O. 12630)
This proposed rule does not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630. A takings
implication assessment is not required.
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F. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O.
13132, this proposed rule does not have
sufficient Federalism implications to
warrant the preparation of a Federalism
summary impact statement. It would not
substantially and directly affect the
relationship between the Federal and
state governments. A Federalism
summary impact statement is not
required.
G. Civil Justice Reform (E.O. 12988)
This proposed rule complies with the
requirements of E.O. 12988.
Specifically, this rule:
(a) meets the criteria of section 3(a) of
this E.O. requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) meets the criteria of section 3(b)(2)
of this E.O. requiring that all regulations
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be written in clear language and contain
clear legal standards.
H. Consultation With Indian Tribes
(E.O. 13175)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in E.O. 13175 and
have determined there will not be
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Consultation with Indian tribes is not
required.
I. Paperwork Reduction Act
This proposed rule does not cause any
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501, et seq.) A Paperwork
Reduction Act clearance is not required.
J. National Environmental Policy Act
This proposed rule does not
constitute a major Federal action
significantly affecting the quality of the
human environment. A detailed
statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the rule
is covered by the categorical exclusion
listed in 43 CFR 46.210(f). We have also
determined that the rule does not
involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that would require further analysis
under NEPA.
K. Effects on the Energy Supply (E.O.
13211)
This proposed rule is not a significant
energy action under the definition in
E.O. 13211. A Statement of Energy
Effects is not required.
L. Clarity of This Regulation (Plain
Language)
We are required by Executive Orders
12866 (section 1(b)(12)), and 12988
(section 3(b)(1)(B)), and 13563 (section
1(a)), and by the Presidential
Memorandum of June 1, 1998, to write
all rules in plain language. This means
that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use common, everyday words and
clear language rather than jargon;
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(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the FOR FURTHER
INFORMATION CONTACT section. To better
help us revise the rule, your comments
should be as specific as possible. For
example, you should tell us the number
of section or paragraphs that you find
unclear, which section or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
M. Public Availability of Comments
You may submit your comments and
materials regarding this proposed rule
by the method listed in the Addresses
section. We will post all comments on
https://www.regulations.gov. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information may be
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
List of Subjects in 48 CFR Parts 1401,
1402, 1403, 1405, 1414, 1416, 1419,
1426, 1431, 1442, 1443, and 1449
Government procurement.
Regulation Promulgation
For the reasons set out in the
preamble, the Department of the
Interior, Office of Acquisition and
Property Management, proposes to
amend 48 CFR chapter 14 as follows:
PART 1401—DEPARTMENT OF THE
INTERIOR ACQUISITION REGULATION
SYSTEM
1. The authority citation for part 1401
continues to read as follows:
■
Authority: Sec. 205(c), 63 Stat. 390, 40
U.S.C. 486(c); and 5 U.S.C. 301.
2. Revise section 1401.303 to read as
follows:
■
1401.303
Publication and codification.
(a)(1) Implementing and
supplementing regulations issued under
the DIAR System are codified under
chapter 14 in title 48, Code of Federal
Regulations and shall parallel the FAR
in format, arrangement, and numbering
system.
(2)(i) Department-wide regulations are
assigned 14 CFR parts 1401 through
1479.
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(ii) Where material in the FAR
requires no implementation, there will
be no corresponding number in the
DIAR. Thus, there are gaps in the DIAR
sequence of numbers where the FAR, as
written, is deemed adequate.
Supplemental material shall be
numbered as specified in FAR 1.303.
(3) Bureau-wide regulations are
authorized for codification in
Appendices to Chapter 14, as assigned
by the Director, PAM, in accordance
with 1401.304(a)(3).
(b) Regulations implementing the FAR
or DIAR are numbered using 48 CFR
parts 1401 through 1479. Supplemental
material is numbered using 48 CFR
parts 1480 through 1499. Numbers for
implementing or supplementing
regulations by bureaus/offices are
preceded by a prefix to the number 14
(indicating chapter 14–DIAR) for the
organization indicated by lettered
appendices as follows:
(1) Bureau of Indian Affairs—BIA
(2) Bureau of Reclamation—WBR
(3) Interior Business Center—IBC
(4) Bureau of Land Management—LLM
(5) U.S. Geological Survey—WGS
(6) Office of Surface Mining
Reclamation & Enforcement—LSM
(7) Minerals Management Service—LMS
(8) National Park Service—FNP
(9) U.S. Fish and Wildlife Service—FWS
(c) e.g., FAR 1.3 (48 CFR 1.3) then
DIAR 1401.3 [Department level] then in
Appendix A, BIA 1401.3 [Bureau level].
■ 3. Revise section 1401.370 to read as
follows:
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1401.370 Acquisition Managers’
Partnership.
(a) The Acquisition Managers’
Partnership (AMP) is a forum for DOI’s
senior acquisition management
community to work cooperatively and
continuously to improve the
management, efficiency and
effectiveness of its procurement services
in support of DOI’s mission.
(b) The AMP consists of the HCAs and
representatives from PAM and OSDBU.
(c) The AMP Charter provides that the
Chairperson and Associate Chairperson
are leadership roles that will rotate
annually. The AMP Chairperson
determines when the partnership will
meet and develops meeting agendas.
The Chairperson will distribute the
meeting minutes to all members.
■ 4. Revise section 1401.403 to read as
follows:
1401.403
Individual deviations.
(a) The Director, PAM, is authorized
to approve deviations of FAR provisions
(see FAR 1.4) or DIAR provisions which
affect only one contracting action.
(b) Requests for deviations under
paragraph (a) of this section shall be
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submitted by the HCA and include
justification for the deviation.
(c) A copy of the approved deviation
shall be included in the contract file.
■ 5. Revise section 1401.603–1 to read
as follows:
1401.603–1
General.
HCAs are authorized to select and
appoint COs and terminate their
appointment as prescribed in the
Department’s Certificate of
Appointment (COA) Manual. Copies of
the manual may be obtained at https://
www.doi.gov/pam/Acqworkfor.html.
■ 6. Revise section 1401.603–2 to read
as follows:
1401.603–2
Selection.
COs, regardless of series or
organizational placement, must be
certified at a level commensurate with
their appointment level, as prescribed in
the Department’s Federal Acquisition
Certification in Contracting (FAC–C)
Program Manual. Director, PAM, is the
approving authority for all new and
reinstated FAC–C certifications. HCAs
are authorized to approve renewal FAC–
C certifications.
■ 7. Revise section 1401.7001–4 to read
as follows:
1401.7001–4 Acquisition performance
measurement systems.
(a) The acquisition performance
measurement system is a three-pronged
approach that includes self assessment,
statistical data for validation and
flexible quality reviews and assessment
techniques. This system is required to:
(1) Evaluate the effectiveness and
efficiency of bureau and office
acquisition systems;
(2) Assess the adequacy of policies,
procedures and regulations governing
the acquisition process; and
(3) Identify and implement changes
necessary to improve the systems.
(b) BPEs are responsible for ensuring
contracting activity compliance with
law and regulations through the review
and oversight process.
PART 1402—DEFINITIONS OF WORDS
AND TERMS
8. The authority citation for part 1402
continues to read as follows:
■
Authority: Sec. 205(c), 63 Stat. 390, 40
U.S.C. 486(c); and 5 U.S.C. 301.
9. Revise subpart 1402.1 to read as
follows:
■
Subpart 1402.1—Definitions
Sec.
1402.101 Definitions.
1402.170 Acronyms.
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Subpart 1402.1—Definitions
1402.101
Definitions.
As used in this part:
Bureau Procurement Executive (BPE)
is defined as the assistant or associate
administrative head who has overall
responsibility for the contracting
activity. In reference to the Office of the
Secretary (OS), the BPEs are the
Assistant Inspector General for
Management and Policy and the
Director, Interior Business Center (IBC).
Chief of the contracting office (CCO)
is defined as the senior GS–1102 within
a contracting office unless otherwise
specified by bureau/office regulation. If
the CCO is also the Contracting Officer
(CO) for an action requiring approval of
the CCO, then approval shall be at a
level above the CCO in accordance with
bureau procedures.
Contracting activity is defined as an
office with delegated procurement
authority. Within the Office of the
Secretary (OS), the Office of Inspector
General (OIG) is a contracting activity.
The Interior Business Center (IBC)
contracts for the OS.
Head of the agency (also called
‘‘agency head’’) is defined as the
Secretary of the Interior and the
Assistant Secretary—Policy,
Management and Budget (AS/PMB).
Head of the contracting activity (HCA)
is defined as the senior GS 1102 official
in the contracting activity who has the
overall responsibility for managing the
contracting activity. The HCA authority
may be delegated, unless specified
otherwise, to the CCO. If the HCA is the
Contracting Officer (CO) for an action
requiring approval of the HCA, then
approval shall be at the BPE level.
Senior procurement executive is
defined as the Director, Office of
Acquisition and Property Management
(PAM).
1402.170 Acronyms.
A&E Architect & Engineering
ACMIS Acquisition Career Management
Information System
AMP Acquisition Manager’s Partnership
AMR Acquisition Management Review
AS/PMB Assistant Secretary—Policy,
Management and Budget
BPA Blanket Purchase Agreement
BPE Bureau Procurement Executive
CA Competition Advocate
CAAC Civilian Agency Acquisition Council
CAS Cost Accounting Standards
CASB Cost Accounting Standards Board
CBCA Civilian Board of Contract Appeals
CCO Chief of the Contracting Office
CERCLA Comprehensive Environmental
Response, Compensation and Liability Act
CFR Code of Federal Regulations
CIO Chief Information Officer
CO Contracting Officer
COA Certificate of Appointment
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COI Conflicts of Interest
COR Contracting Officer’s Representative
COTR Contracting Officer’s Technical
Representative
DISP Defense Industrial Security Program
DM Departmental Manual
DOI Department of the Interior
DOL Department of Labor
EC Electronic Commerce
FAR Federal Acquisition Regulation
FBMS Financial Business Management
System
FPDS—NG Federal Procurement Data
System—Next Generation
GAO Government Accountability Office
GIDEP Government-Industry Data Exchange
Program
GPE Government Point of Entry
GPO Government Printing Office
GSA General Services Administration
GSBCA General Services Board of Contract
Appeals
HCA Head of the Contracting Activity
IT Information Technology
IPMD Interior Property Management
Directives
MBDA Minority Business Development
Agency
OCIO Office of Chief Information Officer
OIG/IG Office of Inspector General/
Inspector General
OFPP Office of Federal Procurement Policy
OHA Office of Hearings and Appeals
OMB Office of Management and Budget
OS Office of the Secretary
OSDBU Office of Small and Disadvantaged
Business Utilization
PAM Office of Acquisition and Property
Management
PMO Property Management Officer
PNM Procurement Negotiation
Memorandum
SAT Simplified Acquisition Threshold
SBA Small Business Administration
SBS Small Business Specialist
SOL Office of the Solicitor
TFM Treasury Financial Manual
U.S.C. United States Code
VECP Value Engineering Change Proposal
PART 1403—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
10. The authority citation for part
1403 continues to read:
■
Authority: Sec. 205(c), 63 Stat. 390, 40
U.S.C. 486(c); and 5 U.S.C. 301.
11. Revise section 1403.104–7 to read
as follows:
■
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1403.104–7
violations.
Violations or possible
(a)(1) The CO’s determination that
there is no impact on the procurement
due to a possible violation of the
Procurement Integrity Act and decision
to proceed with contract award shall
receive concurrence from an individual
one level above the CO.
(2) In case of nonconcurrence with the
CO’s determination, the HCA shall
provide a copy of the reported violation
and recommended action to the OIG in
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accordance with Part 111 DM 3. The
CO, in consultation with the SOL and
the OIG, must justify the compelling
circumstances for immediate award and
obtain approval to proceed from the
HCA without the power of redelegation.
Copies of the determination to proceed
with the award will be sent to the
Director, PAM, for submission to the
AS/PMB.
(b) [Reserved]
■ 12. Revise section 1403.804 to read as
follows:
1403.804
Policy.
The HCA shall receive copies of
contractor disclosures and forward them
to the Director, PAM, for submission to
Congress.
PART 1405—PUBLICIZING CONTRACT
ACTIONS
PART 1416—TYPES OF CONTRACTS
17. The authority citation for part
1416 continues to read as follows:
■
Authority: Sec. 205(c), 63 Stat. 390, 40
U.S.C. 486(c); and 5 U.S.C. 301.
18. Revise section 1416.405 to read as
follows:
■
1416.405
Contract clauses.
The HCA, without the power of
redelegation, is authorized to approve
an award fee clause to use in a
solicitation when a cost-plus-award-fee
contract is contemplated.
PART 1419—SMALL BUSINESS
PROGRAMS
19. The authority citation for part
1419 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 40 U.S.C.
486(c); and 5 U.S.C. 301.
20. Revise section 1419.503–70 to
read as follows:
■
13. The authority citation for part
1405 continues to read:
■
Authority: Sec. 205(c), 63 Stat. 390, 40
U.S.C. 486(c); and 5 U.S.C. 301.
1419.503–70 Class set-aside for
construction acquisitions.
14. Revise section 1405.403 to read as
follows:
(a) Acquisitions for construction (as
defined in Federal Acquisition
Regulation (FAR) 2.101) estimated to
cost $2 million or less must be set-aside
on a class basis for exclusive
participation by small business or
disadvantaged business concerns. This
class set-aside does not apply when:
(1) The acquisition is procured using
simplified acquisition procedures;
(2) A non-competitive acquisition has
been approved under the procedures of
FAR 6.3;
(3) Work is to be performed outside
the U.S.; or
(4) The HCA determines that adequate
competition is not likely to be obtained
if the acquisition is restricted to small
business concerns.
(b) [Reserved]
■
1405.403 Requests from Members of
Congress.
For purposes of this subpart, the
agency head is the HCA.
PART 1414—SEALED BIDDING
15. The authority citation for part
1414 continues to read:
■
Authority: Sec. 205(c), 63 Stat. 390, 40
U.S.C. 486(c); and 5 U.S.C. 301.
16. Revise section 1414.407–3 to read
as follows:
■
1414.407–3 Other mistakes disclosed
before award.
(a) The HCA is authorized to make the
administrative determinations under
FAR 14.407–3, except as set forth in
paragraph (b) of this section. This
authority is not redelegable.
(b) The CCO has the authority
outlined in FAR 14.407–3(c) (48 CFR
14.407–3(c)) to make the written
determination permitting a bidder to
withdraw a bid, after review by the SOL.
(c) The CO shall submit a report on
suspected or alleged mistakes in bids
together with the supporting data to the
HCA. The CO may also include a report
on bids where evidence of the intended
bid is clear and convincing but the
bidder has not requested permission to
correct the bid. Incomplete reports may
result in a delay in obtaining a
determination.
(d) The HCA is responsible for
maintaining records of administrative
determinations.
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PART 1426—OTHER
SOCIOECONOMIC PROGRAMS
21. The authority citation for part
1426 continues to read:
■
Authority: Sec. 205(c), 63 Stat. 390, 40
U.S.C. 486(c); and 5 U.S.C. 301.
22. Revise section 1426.7102–2 to
read as follows:
■
1426.7102–2
Requirements.
(a) MBDA–91 Plan. The HCA is
required to submit the Plan on form
MBDA–91 to the OSDBU by no later
than November 15 of each year. Section
1 of the form, ‘‘Procurement Program
Activities,’’ will be completed by
OSDBU. Sections 2 through 5 must be
completed by bureaus and offices.
(b) MBDA–91 Reports. The HCA must
submit reports to the OSDBU within 30
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days following the end of a fiscal
quarter. Reports are cumulative from
October 1 of the reporting fiscal year,
and monetary figures should be rounded
to whole dollars in each section of the
report.
(c) ‘‘Negative report’’ means when the
Bureau had no reportable activity
during the quarter. Submit such a report
using the MBDA–91 report form.
■ 23. Revise section 1426.7103–2 to
read as follows:
1426.7103–2
Assignment and location.
The HCA has the authority to approve
the appointment of a Corporate
Administrative Contracting Officer.
PART 1443—CONTRACT
MODIFICATIONS
28. The authority citation for part
1443 continues to read as follows:
■
Authority: Sec. 205(c), 63 Stat. 390, 40
U.S.C. 486(c); and 5 U.S.C. 301.
29. Revise section 1443.205 to read as
follows:
■
1443.205
Contract clauses.
HCAs may establish procedures,
when appropriate, for authorizing the
CO to vary the 30-day period for
submission of requests for adjustment
prescribed by FAR 43.205 (48 CFR
43.205).
PART 1449—TERMINATION OF
CONTRACTS
30. The authority citation for part
1449 continues to read as follows:
■
Authority: Sec. 205(c), 63 Stat. 390, 40
U.S.C. 486(c); and 5 U.S.C. 301.
31. Revise section 1449.106 to read as
follows:
■
1449.106
Fraud or other criminal conduct.
24. The authority citation for part
1431 continues to read as follows:
When fraud or other criminal conduct
is suspected, the CO will submit a
report documenting the incident to the
HCA for transmittal to the OIG.
Informational copies will be forwarded
to the Director, PAM.
■ 32. Revise section 1449.111 to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390, 40
U.S.C. 486(c); and 5 U.S.C. 301.
1449.111
PART 1431—CONTRACT COST
PRINCIPLES AND PROCEDURES
■
25. Revise section 1431.101 to read as
follows:
■
1431.101
Objectives.
Individual deviations concerning cost
principles and procedures shall require
the approval of the cognizant Assistant
Secretary, with further redelegation
authorized. Redelegation is limited to
the HCA.
PART 1442—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
Review of proposed settlements.
All proposed settlement agreements
shall be reviewed by the SOL and
approved at one level above the CO.
Settlement agreements of $250,000 or
more shall be approved by the HCA.
Joan M. Mooney,
Principal Deputy Assistant Secretary,
Exercising the Delegated Authority of the
Assistant Secretary—Policy, Management
and Budget.
[FR Doc. 2023–26443 Filed 12–6–23; 8:45 am]
BILLING CODE P
26. The authority citation for part
1442 continues to read as follows:
■
Authority: Sec. 205(c), 63 Stat. 390, 40
U.S.C. 486(c); and 5 U.S.C. 301.
27. Revise section 1442.602 to read as
follows:
■
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2023–0069;
FF09E21000 FXES1111090FEDR 245]
Requirements.
The contracting offices shall report
designated projects funded with EPA
monies, involving the actual award of
contracts, subcontracts, financial
assistance instruments, subagreements,
etc. by DOI. Do not include
Departmental projects covered by
Superfund and funded solely with
Departmental appropriations. The HCA
must submit one of the following
reports inclusive of all projects, as
applicable, to the OSDBU by no later
than November 8 of each year:
(a) EPA Forms 6005–3 and 6005–3A
for applicable Superfund contract
awards, including partial awards to
minority businesses.
(b) EPA Form 6005–3A only, for
applicable Superfund contract awards
when no awards were made to minority
firms, to report the efforts made to
promote minority business participation
in the designated projects.
(c) ‘‘Negative Report’’ when the
reporting Bureau did not award
contracts using Superfund monies.
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1442.602
85177
RIN 1018–BE77
Endangered and Threatened Wildlife
and Plants; Endangered Species
Status for the Toothless Blindcat and
the Widemouth Blindcat; Extension of
Comment Period
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are reopening
the comment period on our August 22,
2023, proposed rule to list the toothless
blindcat (Trogloglanis pattersoni) and
widemouth blindcat (Satan
eurystomus), two cavefish species from
the Edwards Aquifer in Bexar County,
Texas, as endangered species under the
Endangered Species Act of 1973, as
amended (Act). We are reopening the
proposed rule’s comment period to give
all interested parties an additional
opportunity to comment on the
proposed rule. Comments previously
submitted need not be resubmitted, as
they are already incorporated into the
public record and will be fully
considered in our final determinations.
DATES: The comment period on the
proposed rule that published August 22,
2023, at 88 FR 57046, is reopened. We
will accept comments received or
postmarked on or before January 8,
2024. Comments submitted using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. eastern time on the closing
date.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R2–ES–2023–0069, which is
the docket number for the August 22,
2023, proposed rule and this document.
Then click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, click on the
Proposed Rule box to locate the correct
document. You may submit a comment
by clicking on ‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R2–ES–2023–0069, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
SUMMARY:
E:\FR\FM\07DEP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Proposed Rules]
[Pages 85172-85177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26443]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
48 CFR Parts 1401, 1402, 1403, 1405, 1414, 1416, 1419, 1426, 1431,
1442, 1443, and 1449
[Docket No. DOI-2023-0012; 234D0102DM, DS62400000, DLSN00000.000000,
DX62401]
RIN 1090-AB25
Department of the Interior Acquisition Regulation Governance
Titles
AGENCY: Office of Acquisition and Property Management, Interior.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of the Interior proposes changes to the
Department of the Interior acquisition regulations to update its
nomenclature to align with recent changes to agency procurement
governance. This proposal enables acquisition programs to more
efficiently meet the Department's mission needs and comply with all
applicable law and regulations.
DATES: Comments must be received on or before February 5, 2024.
ADDRESSES: You may submit comments, identified by Docket No. DOI-2023-
0012 on the rulemaking through the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the instructions on the website for
submitting comments.
[[Page 85173]]
FOR FURTHER INFORMATION CONTACT: Ms. Antonia Giammo, Senior Procurement
Analyst; telephone (202) 208-5250 or email [email protected].
Individuals in the United States who are deaf, blind, hard of hearing,
or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay services. Individuals outside the
United States should use the relay services offered within their
country to make international calls to the point-of-contact in the
United States.
SUPPLEMENTARY INFORMATION:
I. Background
As part of a broader effort to improve the Department of Interior's
(DOI's) procurement function and strengthen its workforce, the
Department recently made changes to its procurement governance. These
updates were made in accordance with 41 U.S.C. 1702, Chief Acquisition
Officers and senior procurement executives, and Departmental Manual 205
DM 11, General Delegations, Procurement and Contracting. In amending
its procurement governance, DOI created consistency in organizational
structure and leadership roles across its bureaus and offices, and
reassigned roles established by the Federal Acquisition Regulation to
better streamline acquisition approval processes. This proposed rule
amends the Department of the Interior Acquisition Regulation to reflect
the changes in procurement governance by removing role designations no
longer used and replacing with the appropriate procurement roles.
II. Description of Changes
The Federal Acquisition Regulations System consists of the Federal
Acquisition Regulation (FAR), which is the codification of uniform
policies and procedures for acquisition by all executive agencies, and
agency acquisition regulations, such as the Department of the Interior
Acquisition Regulation (DIAR), that implement or supplement the FAR.
The Federal Acquisition Regulations System is codified in Title 48 of
the Code of Federal Regulations (CFR).
Part 2 of the FAR defines the following key procurement roles:
agency head, Chief Acquisition Officer (in accordance with 41 U.S.C.
1702), senior procurement executive (in accordance with 41 U.S.C.
1702), head of the contracting activity, and contracting officer. The
FAR uses the term ``chief of the contracting office'' without defining
it. Part 1402 of the current DIAR identifies within the Department the
agency head, senior procurement executive, and heads of the contracting
activity. Part 1402 of the DIAR also defines the terms ``bureau
procurement chief'' and ``chief of the contracting office''.
This rule proposes to revise the DIAR in the following ways:
Remove the term ``bureau procurement chief'' and replace
with ``head of contracting activity''.
Amend the Department's definition of ``head of contract
activity''.
Add and define the term ``bureau procurement executive''.
Update references to the above terms as used throughout
the DIAR.
The term ``bureau procurement chief'' (BPC) is not used in the FAR
or across executive agencies broadly. DOI defined the term in the DIAR
to mean the senior General Schedule (GS) Series 1102 (contracting)
official in a bureau or office. The term ``head of contracting
activity'' (HCA) is defined in the FAR as the official who has overall
responsibility for managing the contracting activity. The current DIAR
further specifies that the HCA is the assistant or associate
administrative head of each bureau and office who has overall
responsibility for managing contracting. Within DOI, the BPC would be
in a direct reporting line to the HCA. Except for the Interior Business
Center, the HCA would not necessarily have a GS-1102 background and
would also be responsible for other areas beyond procurement.
Both the FAR and DIAR require HCA review and approval of certain
procurement actions. In practice, HCAs delegated their approvals to the
BPC in most cases allowed under regulation. When HCA approval was
required, it would still come through the BPC, but the additional layer
of review would result in additional time to coordinate HCA briefing
and approval.
When reevaluating DOI's procurement governance, the Department
determined that in practice, the BPC was indeed the individual
responsible for managing the contracting activity and the HCA was the
senior executive accountable for the contracting activity but not
involved in the day-to-day management of the function. The Chief
Acquisition Officer, senior procurement executive, HCAs, and BPCs all
concurred that accordingly, the senior GS-1102 in a bureau (or office
equivalent) should be designated as the HCA rather than the DIAR
specific term BPC. It was determined that this change would also
streamline procurement actions requiring HCA approval by removing a
layer of review that was either delegated or offered nominal additional
benefit. The senior executives who had been designated as HCAs would
now be designated as `bureau procurement executives' (BPEs) and would
still be accountable for the bureau's contracting function.
These changes are part of a broader Departmental effort to provide
greater consistency across bureau and office procurement organizations
and to empower procurement leadership. The changes to the titles bureau
procurement chief, head of contracting activity, and bureau procurement
executive do not result in any change to reporting chains or key duties
of those holding these positions. The changes also do not impose any
new requirements on or change the manner in which DOI interacts with
its contractors and the public.
III. Required Determinations
A. Regulatory Planning and Review (Executive Orders 12866, 13563, and
14094)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) will review all significant
rules. OIRA has determined that this proposed rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The Executive Order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public, where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Executive Order 14094 reaffirms the principles of E.O. 12866 while
calling for improvements in public participation, inclusiveness, and
regulatory analysis. We have developed this rule in a manner consistent
with E.O. 14094.
B. Regulatory Flexibility Act
The Secretary certifies that the adoption of this proposed rule
will not have a significant economic impact on a substantial number of
small entities as they are defined in the Regulatory
[[Page 85174]]
Flexibility Act (5 U.S.C. 601 et seq.). Therefore, under 5 U.S.C.
605(b), this rulemaking is exempt from the initial and final regulatory
flexibility analysis requirements of sections 603 and 604.
C. Small Business Regulatory Enforcement Fairness Act
This proposed rule is not a major rule under the Small Business
Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)). This rule:
(a) Will not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This proposed rule does not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. The rule does not have a significant or unique effect
on State, local, or tribal governments, or the private sector nor does
the rule impose requirements on State, local, or tribal governments. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
This proposed rule does not affect a taking of private property or
otherwise have taking implications under Executive Order 12630. A
takings implication assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O. 13132, this proposed rule
does not have sufficient Federalism implications to warrant the
preparation of a Federalism summary impact statement. It would not
substantially and directly affect the relationship between the Federal
and state governments. A Federalism summary impact statement is not
required.
G. Civil Justice Reform (E.O. 12988)
This proposed rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) meets the criteria of section 3(a) of this E.O. requiring that
all regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) meets the criteria of section 3(b)(2) of this E.O. requiring
that all regulations be written in clear language and contain clear
legal standards.
H. Consultation With Indian Tribes (E.O. 13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in E.O. 13175 and have determined there will not be substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
Consultation with Indian tribes is not required.
I. Paperwork Reduction Act
This proposed rule does not cause any collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) A
Paperwork Reduction Act clearance is not required.
J. National Environmental Policy Act
This proposed rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act of 1969
(NEPA) is not required because the rule is covered by the categorical
exclusion listed in 43 CFR 46.210(f). We have also determined that the
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that would require further analysis under NEPA.
K. Effects on the Energy Supply (E.O. 13211)
This proposed rule is not a significant energy action under the
definition in E.O. 13211. A Statement of Energy Effects is not
required.
L. Clarity of This Regulation (Plain Language)
We are required by Executive Orders 12866 (section 1(b)(12)), and
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the FOR FURTHER INFORMATION
CONTACT section. To better help us revise the rule, your comments
should be as specific as possible. For example, you should tell us the
number of section or paragraphs that you find unclear, which section or
sentences are too long, the sections where you feel lists or tables
would be useful, etc.
M. Public Availability of Comments
You may submit your comments and materials regarding this proposed
rule by the method listed in the Addresses section. We will post all
comments on https://www.regulations.gov. Before including your address,
phone number, email address, or other personal identifying information
in your comment, you should be aware that your entire comment--
including your personal identifying information may be publicly
available at any time. While you can ask us in your comment to withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so.
List of Subjects in 48 CFR Parts 1401, 1402, 1403, 1405, 1414,
1416, 1419, 1426, 1431, 1442, 1443, and 1449
Government procurement.
Regulation Promulgation
For the reasons set out in the preamble, the Department of the
Interior, Office of Acquisition and Property Management, proposes to
amend 48 CFR chapter 14 as follows:
PART 1401--DEPARTMENT OF THE INTERIOR ACQUISITION REGULATION SYSTEM
0
1. The authority citation for part 1401 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 301.
0
2. Revise section 1401.303 to read as follows:
1401.303 Publication and codification.
(a)(1) Implementing and supplementing regulations issued under the
DIAR System are codified under chapter 14 in title 48, Code of Federal
Regulations and shall parallel the FAR in format, arrangement, and
numbering system.
(2)(i) Department-wide regulations are assigned 14 CFR parts 1401
through 1479.
[[Page 85175]]
(ii) Where material in the FAR requires no implementation, there
will be no corresponding number in the DIAR. Thus, there are gaps in
the DIAR sequence of numbers where the FAR, as written, is deemed
adequate. Supplemental material shall be numbered as specified in FAR
1.303.
(3) Bureau-wide regulations are authorized for codification in
Appendices to Chapter 14, as assigned by the Director, PAM, in
accordance with 1401.304(a)(3).
(b) Regulations implementing the FAR or DIAR are numbered using 48
CFR parts 1401 through 1479. Supplemental material is numbered using 48
CFR parts 1480 through 1499. Numbers for implementing or supplementing
regulations by bureaus/offices are preceded by a prefix to the number
14 (indicating chapter 14-DIAR) for the organization indicated by
lettered appendices as follows:
(1) Bureau of Indian Affairs--BIA
(2) Bureau of Reclamation--WBR
(3) Interior Business Center--IBC
(4) Bureau of Land Management--LLM
(5) U.S. Geological Survey--WGS
(6) Office of Surface Mining Reclamation & Enforcement--LSM
(7) Minerals Management Service--LMS
(8) National Park Service--FNP
(9) U.S. Fish and Wildlife Service--FWS
(c) e.g., FAR 1.3 (48 CFR 1.3) then DIAR 1401.3 [Department level]
then in Appendix A, BIA 1401.3 [Bureau level].
0
3. Revise section 1401.370 to read as follows:
1401.370 Acquisition Managers' Partnership.
(a) The Acquisition Managers' Partnership (AMP) is a forum for
DOI's senior acquisition management community to work cooperatively and
continuously to improve the management, efficiency and effectiveness of
its procurement services in support of DOI's mission.
(b) The AMP consists of the HCAs and representatives from PAM and
OSDBU.
(c) The AMP Charter provides that the Chairperson and Associate
Chairperson are leadership roles that will rotate annually. The AMP
Chairperson determines when the partnership will meet and develops
meeting agendas. The Chairperson will distribute the meeting minutes to
all members.
0
4. Revise section 1401.403 to read as follows:
1401.403 Individual deviations.
(a) The Director, PAM, is authorized to approve deviations of FAR
provisions (see FAR 1.4) or DIAR provisions which affect only one
contracting action.
(b) Requests for deviations under paragraph (a) of this section
shall be submitted by the HCA and include justification for the
deviation.
(c) A copy of the approved deviation shall be included in the
contract file.
0
5. Revise section 1401.603-1 to read as follows:
1401.603-1 General.
HCAs are authorized to select and appoint COs and terminate their
appointment as prescribed in the Department's Certificate of
Appointment (COA) Manual. Copies of the manual may be obtained at
https://www.doi.gov/pam/Acqworkfor.html.
0
6. Revise section 1401.603-2 to read as follows:
1401.603-2 Selection.
COs, regardless of series or organizational placement, must be
certified at a level commensurate with their appointment level, as
prescribed in the Department's Federal Acquisition Certification in
Contracting (FAC-C) Program Manual. Director, PAM, is the approving
authority for all new and reinstated FAC-C certifications. HCAs are
authorized to approve renewal FAC-C certifications.
0
7. Revise section 1401.7001-4 to read as follows:
1401.7001-4 Acquisition performance measurement systems.
(a) The acquisition performance measurement system is a three-
pronged approach that includes self assessment, statistical data for
validation and flexible quality reviews and assessment techniques. This
system is required to:
(1) Evaluate the effectiveness and efficiency of bureau and office
acquisition systems;
(2) Assess the adequacy of policies, procedures and regulations
governing the acquisition process; and
(3) Identify and implement changes necessary to improve the
systems.
(b) BPEs are responsible for ensuring contracting activity
compliance with law and regulations through the review and oversight
process.
PART 1402--DEFINITIONS OF WORDS AND TERMS
0
8. The authority citation for part 1402 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 301.
0
9. Revise subpart 1402.1 to read as follows:
Subpart 1402.1--Definitions
Sec.
1402.101 Definitions.
1402.170 Acronyms.
Subpart 1402.1--Definitions
1402.101 Definitions.
As used in this part:
Bureau Procurement Executive (BPE) is defined as the assistant or
associate administrative head who has overall responsibility for the
contracting activity. In reference to the Office of the Secretary (OS),
the BPEs are the Assistant Inspector General for Management and Policy
and the Director, Interior Business Center (IBC).
Chief of the contracting office (CCO) is defined as the senior GS-
1102 within a contracting office unless otherwise specified by bureau/
office regulation. If the CCO is also the Contracting Officer (CO) for
an action requiring approval of the CCO, then approval shall be at a
level above the CCO in accordance with bureau procedures.
Contracting activity is defined as an office with delegated
procurement authority. Within the Office of the Secretary (OS), the
Office of Inspector General (OIG) is a contracting activity. The
Interior Business Center (IBC) contracts for the OS.
Head of the agency (also called ``agency head'') is defined as the
Secretary of the Interior and the Assistant Secretary--Policy,
Management and Budget (AS/PMB).
Head of the contracting activity (HCA) is defined as the senior GS
1102 official in the contracting activity who has the overall
responsibility for managing the contracting activity. The HCA authority
may be delegated, unless specified otherwise, to the CCO. If the HCA is
the Contracting Officer (CO) for an action requiring approval of the
HCA, then approval shall be at the BPE level.
Senior procurement executive is defined as the Director, Office of
Acquisition and Property Management (PAM).
1402.170 Acronyms.
A&E Architect & Engineering
ACMIS Acquisition Career Management Information System
AMP Acquisition Manager's Partnership
AMR Acquisition Management Review
AS/PMB Assistant Secretary--Policy, Management and Budget
BPA Blanket Purchase Agreement
BPE Bureau Procurement Executive
CA Competition Advocate
CAAC Civilian Agency Acquisition Council
CAS Cost Accounting Standards
CASB Cost Accounting Standards Board
CBCA Civilian Board of Contract Appeals
CCO Chief of the Contracting Office
CERCLA Comprehensive Environmental Response, Compensation and
Liability Act
CFR Code of Federal Regulations
CIO Chief Information Officer
CO Contracting Officer
COA Certificate of Appointment
[[Page 85176]]
COI Conflicts of Interest
COR Contracting Officer's Representative
COTR Contracting Officer's Technical Representative
DISP Defense Industrial Security Program
DM Departmental Manual
DOI Department of the Interior
DOL Department of Labor
EC Electronic Commerce
FAR Federal Acquisition Regulation
FBMS Financial Business Management System
FPDS--NG Federal Procurement Data System--Next Generation
GAO Government Accountability Office
GIDEP Government-Industry Data Exchange Program
GPE Government Point of Entry
GPO Government Printing Office
GSA General Services Administration
GSBCA General Services Board of Contract Appeals
HCA Head of the Contracting Activity
IT Information Technology
IPMD Interior Property Management Directives
MBDA Minority Business Development Agency
OCIO Office of Chief Information Officer
OIG/IG Office of Inspector General/Inspector General
OFPP Office of Federal Procurement Policy
OHA Office of Hearings and Appeals
OMB Office of Management and Budget
OS Office of the Secretary
OSDBU Office of Small and Disadvantaged Business Utilization
PAM Office of Acquisition and Property Management
PMO Property Management Officer
PNM Procurement Negotiation Memorandum
SAT Simplified Acquisition Threshold
SBA Small Business Administration
SBS Small Business Specialist
SOL Office of the Solicitor
TFM Treasury Financial Manual
U.S.C. United States Code
VECP Value Engineering Change Proposal
PART 1403--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
10. The authority citation for part 1403 continues to read:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 301.
0
11. Revise section 1403.104-7 to read as follows:
1403.104-7 Violations or possible violations.
(a)(1) The CO's determination that there is no impact on the
procurement due to a possible violation of the Procurement Integrity
Act and decision to proceed with contract award shall receive
concurrence from an individual one level above the CO.
(2) In case of nonconcurrence with the CO's determination, the HCA
shall provide a copy of the reported violation and recommended action
to the OIG in accordance with Part 111 DM 3. The CO, in consultation
with the SOL and the OIG, must justify the compelling circumstances for
immediate award and obtain approval to proceed from the HCA without the
power of redelegation. Copies of the determination to proceed with the
award will be sent to the Director, PAM, for submission to the AS/PMB.
(b) [Reserved]
0
12. Revise section 1403.804 to read as follows:
1403.804 Policy.
The HCA shall receive copies of contractor disclosures and forward
them to the Director, PAM, for submission to Congress.
PART 1405--PUBLICIZING CONTRACT ACTIONS
0
13. The authority citation for part 1405 continues to read:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 301.
0
14. Revise section 1405.403 to read as follows:
1405.403 Requests from Members of Congress.
For purposes of this subpart, the agency head is the HCA.
PART 1414--SEALED BIDDING
0
15. The authority citation for part 1414 continues to read:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 301.
0
16. Revise section 1414.407-3 to read as follows:
1414.407-3 Other mistakes disclosed before award.
(a) The HCA is authorized to make the administrative determinations
under FAR 14.407-3, except as set forth in paragraph (b) of this
section. This authority is not redelegable.
(b) The CCO has the authority outlined in FAR 14.407-3(c) (48 CFR
14.407-3(c)) to make the written determination permitting a bidder to
withdraw a bid, after review by the SOL.
(c) The CO shall submit a report on suspected or alleged mistakes
in bids together with the supporting data to the HCA. The CO may also
include a report on bids where evidence of the intended bid is clear
and convincing but the bidder has not requested permission to correct
the bid. Incomplete reports may result in a delay in obtaining a
determination.
(d) The HCA is responsible for maintaining records of
administrative determinations.
PART 1416--TYPES OF CONTRACTS
0
17. The authority citation for part 1416 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 301.
0
18. Revise section 1416.405 to read as follows:
1416.405 Contract clauses.
The HCA, without the power of redelegation, is authorized to
approve an award fee clause to use in a solicitation when a cost-plus-
award-fee contract is contemplated.
PART 1419--SMALL BUSINESS PROGRAMS
0
19. The authority citation for part 1419 continues to read as follows:
Authority: 40 U.S.C. 121(c); 40 U.S.C. 486(c); and 5 U.S.C. 301.
0
20. Revise section 1419.503-70 to read as follows:
1419.503-70 Class set-aside for construction acquisitions.
(a) Acquisitions for construction (as defined in Federal
Acquisition Regulation (FAR) 2.101) estimated to cost $2 million or
less must be set-aside on a class basis for exclusive participation by
small business or disadvantaged business concerns. This class set-aside
does not apply when:
(1) The acquisition is procured using simplified acquisition
procedures;
(2) A non-competitive acquisition has been approved under the
procedures of FAR 6.3;
(3) Work is to be performed outside the U.S.; or
(4) The HCA determines that adequate competition is not likely to
be obtained if the acquisition is restricted to small business
concerns.
(b) [Reserved]
PART 1426--OTHER SOCIOECONOMIC PROGRAMS
0
21. The authority citation for part 1426 continues to read:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 301.
0
22. Revise section 1426.7102-2 to read as follows:
1426.7102-2 Requirements.
(a) MBDA-91 Plan. The HCA is required to submit the Plan on form
MBDA-91 to the OSDBU by no later than November 15 of each year. Section
1 of the form, ``Procurement Program Activities,'' will be completed by
OSDBU. Sections 2 through 5 must be completed by bureaus and offices.
(b) MBDA-91 Reports. The HCA must submit reports to the OSDBU
within 30
[[Page 85177]]
days following the end of a fiscal quarter. Reports are cumulative from
October 1 of the reporting fiscal year, and monetary figures should be
rounded to whole dollars in each section of the report.
(c) ``Negative report'' means when the Bureau had no reportable
activity during the quarter. Submit such a report using the MBDA-91
report form.
0
23. Revise section 1426.7103-2 to read as follows:
1426.7103-2 Requirements.
The contracting offices shall report designated projects funded
with EPA monies, involving the actual award of contracts, subcontracts,
financial assistance instruments, subagreements, etc. by DOI. Do not
include Departmental projects covered by Superfund and funded solely
with Departmental appropriations. The HCA must submit one of the
following reports inclusive of all projects, as applicable, to the
OSDBU by no later than November 8 of each year:
(a) EPA Forms 6005-3 and 6005-3A for applicable Superfund contract
awards, including partial awards to minority businesses.
(b) EPA Form 6005-3A only, for applicable Superfund contract awards
when no awards were made to minority firms, to report the efforts made
to promote minority business participation in the designated projects.
(c) ``Negative Report'' when the reporting Bureau did not award
contracts using Superfund monies.
PART 1431--CONTRACT COST PRINCIPLES AND PROCEDURES
0
24. The authority citation for part 1431 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 301.
0
25. Revise section 1431.101 to read as follows:
1431.101 Objectives.
Individual deviations concerning cost principles and procedures
shall require the approval of the cognizant Assistant Secretary, with
further redelegation authorized. Redelegation is limited to the HCA.
PART 1442--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
26. The authority citation for part 1442 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 301.
0
27. Revise section 1442.602 to read as follows:
1442.602 Assignment and location.
The HCA has the authority to approve the appointment of a Corporate
Administrative Contracting Officer.
PART 1443--CONTRACT MODIFICATIONS
0
28. The authority citation for part 1443 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 301.
0
29. Revise section 1443.205 to read as follows:
1443.205 Contract clauses.
HCAs may establish procedures, when appropriate, for authorizing
the CO to vary the 30-day period for submission of requests for
adjustment prescribed by FAR 43.205 (48 CFR 43.205).
PART 1449--TERMINATION OF CONTRACTS
0
30. The authority citation for part 1449 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 301.
0
31. Revise section 1449.106 to read as follows:
1449.106 Fraud or other criminal conduct.
When fraud or other criminal conduct is suspected, the CO will
submit a report documenting the incident to the HCA for transmittal to
the OIG. Informational copies will be forwarded to the Director, PAM.
0
32. Revise section 1449.111 to read as follows:
1449.111 Review of proposed settlements.
All proposed settlement agreements shall be reviewed by the SOL and
approved at one level above the CO. Settlement agreements of $250,000
or more shall be approved by the HCA.
Joan M. Mooney,
Principal Deputy Assistant Secretary, Exercising the Delegated
Authority of the Assistant Secretary--Policy, Management and Budget.
[FR Doc. 2023-26443 Filed 12-6-23; 8:45 am]
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