[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Rules and Regulations]
[Pages 40108-40111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19042]
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DEPARTMENT OF JUSTICE
48 CFR Parts 2801, 2802, 2804, 2805, 2807, 2808, 2809, 2810, 2812,
2813, 2814, 2815, 1816, 2817, 2828, 2829, 2830, 2832, 2833, 2835,
2845, 2852 and 2870
[Justice Acquisition Circular 95-2]
Amendments to the Justice Acquisition Regulations (JAR)
Regarding: Department of Justice (DOJ) Acquisition Regulation System,
Administrative Matters, Publicizing Contract Actions, Contract Delivery
or Performance, Contracting by Negotiation and Types of Contracts
AGENCY: Justice Management Division, Justice.
ACTION: Final rule.
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SUMMARY: This final rule amends the JAR by revising policies and
procedures regarding: the Department's acquisition regulation system;
administrative matters; publicizing contract actions; contract
deliveries and performance; contracting by negotiation; and, types of
contracts in response to a review of existing procurement regulations
by the DOJ's Procurement Employee Innovation Team.
EFFECTIVE DATE: August 7, 1995.
FOR FURTHER INFORMATION CONTACT: Janis Sposato, Procurement Executive,
Justice Management Division (202) 514-3103.
SUPPLEMENTARY INFORMATION: The determination is hereby made that this
amendment must be issued as a final rule. This amendment was not
published for public comment because it does not have an effect beyond
the internal operating procedures of the agency. The Director, Office
of Management and Budget, by memorandum dated December 14, 1984,
exempted agency procurement regulations from review under Executive
Order 12291, except for selected areas. The exception applies to this
rule. The Department of Justice certifies that this rule will not have
a significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601-612) because the
amendment sets forth, wholly, internal departmental procedures. No
additional time or cost burden will be placed on contractors by the
promulgation of this regulation.
List of Subjects in 48 CFR Parts 2801, 2802, 2804, 2805, 2807, 2808,
2809, 2810, 2812, 2813, 2814, 2815, 2816, 2817, 2828, 2829, 2830, 2832,
2833, 2835, 2845, 2852 and 2870
Government procurement.
Dated: July 19, 1995.
Stephen R. Colgate,
Assistant Attorney General for Administration.
1. The authority citation for 48 CFR Parts 2801, 2802, 2804, 2805,
2807, 2808, 2809, 2810, 2812, 2813, 2814, 2815, 2816, 2817, 2828, 2829,
2830, 2832, 2833, 2835, 2845, 2852 and 2870 continues to read as
follows:
PART 2801--DEPARTMENT OF JUSTICE ACQUISITION REGULATION SYSTEM
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
28 CFR 0.76(j).
2801.000 [Removed]
2. Section 2801.000 is removed.
Subpart 2801.2--Administration
2801.270-2 [Removed]
3. Section 2801.270-2 is removed.
4. Section 2801.270-4 is revised to read as follows:
2801.270-4 Numbering.
Justice Acquisition Circulars will be consecutively numbered
beginning with the number 1, after each rewrite and publication of the
Justice Acquisition Regulations.
Subpart 2801.3--Agency Acquisition Regulations
5. Section 2801.304 is amended by revising paragraph (b) to read as
follows:
2801.304 Agency control and compliance procedures.
* * * * *
(b) The Procurement Executive will review all bureau unpublished
internal acquisition policies and provide comments prior to their
implementation.
Subpart 2801.4--Deviations From the Federal Acquisition Regulation
and the Justice Acquisition Regulations
6. Section 2801.403 is revised as follows:
2801.403 Individual deviations.
Individual deviations from the FAR or the JAR shall be approved by
the head of the contracting activity (HCA). A
[[Page 40109]]
copy of the deviation shall be included in the contract file. Copies of
all deviations will be provided to the Procurement Executive.
7-8. Section 2801.470 is revised as follows:
2801.470 Requests for class deviations.
Requests for approval of class deviations to the FAR of the JAR
shall be forwarded to the Procurement Executive. Such requests will be
signed by the bureau procurement chief. Requests for class deviations
shall be submitted as far in advance as the exigencies of the situation
permit and shall contain sufficient written justification to evaluate
the request.
Subpart 2801.6--Contracting Authority and Responsibilities
9. Section 2801.602-3 is revised as follows:
2801.602-3 Ratification of unauthorized commitments.
The HCA may delegate the authority to ratify unauthorized
commitments to the chief of the contracting office, except for those
actions effected by his or her office. Dollar thresholds for
delegations made under this section will be determined by the HCA.
Copies of all ratifications are to be provided to the Procurement
Executive.
Sec. 2801.602-70 [Amended]
10. Section 2801.602-70 is amended by removing paragraph (f).
Subpart 2801.7--Contracting Officer's Technical Representative
(COTR's)
11. Section 2801.7001-702 is amended by revising paragraphs (d)(1)
and (g) as follows:
2801.7001-702 Selection, appointment, limitation of authority.
* * * * *
(d) Certification and appointment. (1) In accordance with bureau
procedures, the individual must provide the contracting activity with
evidence of completion of the COTR course, procurement ethics training,
and with the certification required by the Procurement Integrity Act.
Upon determination that the required standards have been met, the chief
of the contracting office will issue a one-time Certificate of COTR
Appointment.
* * * * *
(g) Implementation schedule and waivers. No individual may serve as
a COTR on any contract without the requisite training and signed COTR
certificate for the file. In the rare event that there is an urgent
requirement for a specific individual to serve as a COTR and the
individual has not successfully completed the required training, the
bureau procurement chief may waive the training requirements and
authorize the individual to perform the COTR duties, for a period of
time not to exceed 120 days. The waiver may be granted in accordance
with bureau procedures.
PART 2802--DEFINITIONS OF WORDS AND TERMS
2802.000 [Removed]
12. Section 2802.000 is removed.
Subpart 2802.1--Definitions
13. Section 2802.102 is amended by redesignating paragraphs (f)
through (m) as paragraphs (g) through (n), adding a new paragraph (f)
and revising the redesignated paragraph (g), as follows:
2802.102 Definitions
* * * * *
(f) Bureau procurement chief means that supervisory official who is
directly responsible for supervising, managing and directing all
contracting offices of the bureau.
(g) Chief of the contracting office means that supervisory official
who is directly responsible for supervising, managing and directing the
contracting office.
* * * * *
PART 2804--ADMINISTRATIVE MATTERS
2804.000 [Removed]
14. Section 2804.000 is removed.
Subpart 2804.8--Contract Files [Removed]
15. Subpart 2804.8 is removed.
Subpart 2804.9--Information Reporting to the Internal Revenue
Service
2804.900 [Removed]
16. Section 2804.900 is removed.
Subpart 2804.70--Procurement Requisitions [Removed]
17. Subpart 2804.70 is removed.
PART 2805--PUBLICIZING CONTRACT ACTIONS
Subpart 2805.1--Dissemination of Information [Removed]
18. Subpart 2805.1 is removed.
Subpart 2805.5--Paid Advertisements
19. Section 2805.502 is amended by revising paragraph (a) as
follows:
2805.502 Authority.
(a) Authorization for paid advertising is required for newspapers
only. Pursuant to 28 CFR 0.140, the authority to approve publication of
paid advertisements in newspapers has been delegated to the officials
listed in 2801.601(a). This authority may be redelegated as
appropriate.
* * * * *
PART 2807--ACQUISITION PLANNING
Subpart 2807.70--End-of-Year Procurements
2807.700 [Removed]
20. Section 2807.700 is removed.
PART 2808--REQUIRED SOURCES OF SUPPLIES AND SERVICES
2808.000 [Removed]
21. Section 2808.000 is removed.
Subpart 2808.1--Excess Personal Property [Removed]
22. Subpart 2808.1 is removed.
PART 2809--CONTRACTOR QUALIFICATIONS
Subpart 2809.4--Debarment, Suspension and Ineligibility
2809.400 [Removed]
23. Section 2809.400 is removed.
2809.403 [Removed]
24. Section 2809.403 is removed.
2809.405-2 [Removed]
25. Section 2809.405-2 is removed.
2809.471 [Removed]
26. Section 2809.471 is removed.
PART 2810--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE
DESCRIPTIONS
2810.000 [Removed]
27. Section 2810.000 is removed.
PART 2812--CONTRACT DELIVERY OR PERFORMANCE
2812.000 [Removed]
28. Section 2812.000 is removed.
Subpart 2812.1--Extension of Delivery or Performance Schedules
29. Section 2812.170 is revised as follows:
2812.170 Policy.
It is the policy of DOJ to ensure that contract delivery schedules
are reasonable, realistic and meet the requirements of the acquisition.
However, in some instances when the contractor fails to deliver in a
timely manner, it may be necessary for the
[[Page 40110]]
Government to allow the contractor to continue performance. Under these
circumstances, if the delay is caused by conditions which would not be
considered ``excusable delays'' (as defined in FAR clause 52.249-14,
Excusable Delays) the contracting officer should secure consideration
for the Government's forbearance in extending the delivery schedule.
PART 2813--SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES
Subpart 2813.5--Purchase Orders
2813.570 [Removed]
30. Section 2813.570 is removed.
Subpart 2813.70--Certified Invoice Procedure
31. Section 2813.7002 is amended by revising paragraph (c) as
follows:
2813.7002 Procedure.
* * * * *
(c) The Chief of the Contracting Office, as defined in (JAR) 48 CFR
2802.102(g), shall delegate the authority to the use the certified
invoice procedure. Each delegation must specify any limitation 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
which can be procured.
* * * * *
PART 2814--SEALED BIDDING
2814.000 [Removed]
32. Section 2814.000 is removed.
Subpart 2814.4--Opening of Bids and Award of Contract
2814.401 [Removed]
33. Section 2814.401 is removed.
2814.402 [Removed]
34. Section 2814.402 is removed.
PART 2815--CONTRACTING BY NEGOTIATION
Subpart 2815.4--Solicitation and Receipt of Proposals and
Quotations
35. Section 2815.405 is revised as follows:
2815.405 Solicitations for informational and planning purposes.
When a solicitation for informational or planning purposes is to be
issued, the contracting officer shall make a written determination that
such solicitation is justified. This determination shall be approved at
one level above the contracting officer.
Subpart 2815.8--Price Negotiation
36. Section 2815.804-370 is revised as follows:
2815.804-370 Waiver of submission of certified cost or pricing data.
In exceptional cases, the requirement for submission of certified
cost or pricing data may be waived. The authorization to waive the
requirement shall be in writing and shall set forth the relevant
circumstances, including the reasons for granting the waiver and the
contracting officer's recommendation. The waiver shall be approved by
the appropriate bureau official listed in 2801.601(a) or his/her
designee in accordance with bureau procedures.
PART 2816--TYPES OF CONTRACTS
2816.000 [Removed]
37. Section 2816.000 is removed.
Subpart 2816.6--Time-and-Materials, Labor-Hour, and Letter
Contracts
38. Section 2816.601 is added to read as follows:
2816.601 Time-and-materials contracts.
A time-and-materials type contract may be used only after the
contracting officer receives written approval from the chief of the
contracting office. When the contracting officer is also the chief of
the contracting office, the approval to use a time-and-materials type
contract will be made at a level above the contracting officer.
39. Section 2816.602 is added to read as follows:
2816.602 Labor-hour contracts.
A labor-hour type contract may be used only after the contracting
officer receives written approval from the chief of the contracting
office. When the contracting officer is also the chief of the
contracting office, the approval to use a labor-hour type contract will
be made at a level above the contracting officer.
40. Section 2816.603-370 is added to read as follows:
2816.603-370 Limitations.
Copies of all approved determinations authorizing the use of letter
contracts shall be provided to the Procurement Executive.
PART 2817--SPECIAL CONTRACTING METHODS
Subpart 2817.2--Options [Removed]
41. Subpart 2817.2 is removed.
PART 2828--BONDS AND INSURANCE
Subpart 2828.1--Bonds
2828.105 [Removed]
42. Section 2828.105 is removed.
PART 2829--TAXES
2829.000 [Removed]
43. Section 2829.000 is removed.
PART 2830--COST ACCOUNTING STANDARDS
Subpart 2830.2--CAS Program Requirements
44. Section 2830.201-270 is revised as follows:
2830.201-270 Impracticality of submission.
When the contracting officer has determined that it is impractical
to secure a Disclosure Statement, as required by FAR 30.202, he/she
will document the reasons and rationale for such impracticality and
forward the determination, and an explanatory cover letter which sets
forth the pertinent circumstances and details the solicitation
contracting officer's attempts to secure the Disclosure Statement, to
the Procurement Executive for review of the documentation prior to
forwarding it to the AAG/A for approval.
PART 2832--CONTRACT FINANCING
2832.000 [Removed]
45. Section 2832.000 is removed.
Subpart 2832.4--Advance Payments
2832.400 [Removed]
46. Section 2832.400 is removed.
Subpart 2832.70--Prompt Payment
2832.7000 [Removed]
47. Section 2832.7000 is removed.
PART 2833--PROTESTS, DISPUTES AND APPEALS
2833.000 [Removed]
48. Section 2833.000 is removed.
PART 2835--RESEARCH AND DEVELOPMENT CONTRACTING
2835.000 [Removed]
49. Section 2835.000 is removed.
PART 2845--GOVERNMENT PROPERTY
2845.000 [Removed]
50. Section 2845.000 is removed.
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PART 2852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
2852.000 [Removed]
51. Section 2852.000 is removed.
Subpart 2852.1--Instructions for Using Provisions and Clauses
2852.100 [Removed]
52. Section 2852.100 is removed.
Subpart 2852.2--Texts and Provisions of Clauses
2852.200 [Removed]
53. Section 2852.200 is removed.
PART 2870--ACQUISITION OF LEASEHOLD INTERESTS IN REAL PROPERTY
2870.000 [Removed]
54. Section 2870.000 is removed.
[FR Doc. 95-19042 Filed 8-4-95; 8:45 am]
BILLING CODE 4410-01-M