[Federal Register Volume 61, Number 187 (Wednesday, September 25, 1996)]
[Rules and Regulations]
[Pages 50248-50251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24302]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

48 CFR Parts 1201, 1202, 1205, 1209, 1210, 1211, 1212, 1213, 1215, 
1216, 1219, 1220, 1224, 1233, 1237, 1247, 1252, and 1253

RIN 2105-AC59


Revision of Department of Transportation Acquisition Regulations

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: This final rule amends the Transportation Acquisition 
Regulation (TAR) to reflect restructuring and modified coverage that is 
made necessary by the Federal Acquisition Streamlining Act of 1994.

EFFECTIVE DATE: October 25, 1996.

FOR FURTHER INFORMATION CONTACT: James F. Hawkins, Office of 
Acquisition and Grant Management, M-61, 400 Seventh Street S.W., 
Washington, DC 20590: (202) 366-6688.

SUPPLEMENTARY INFORMATION:

A. Background

    Implementation of the Federal Acquisition Streamlining Act (FASA) 
of 1994 resulted in changes to the Federal Acquisition Regulation 
(FAR). The FAR was modified to provide additional coverage to implement 
the Act and restructure parts of the FAR to accommodate the changes 
(particularly Parts 10, 11, and 12). The Transportation Acquisition 
Regulation (TAR) is being modified to reflect the restructuring and 
modified coverage in the FAR. The TAR coverage restructures Parts 1210, 
1211, and 1212, part title changes, deletes some prior coverage and 
reflects an internal delegation to the United States Coast Guard. Part 
1211 is being newly added and Parts 1201 and 1252 is being renumbered 
to reflect the restructuring of the TAR.

B. Regulatory Analysis and Notices

    This final rule is not significant under Executive Order 12866 of 
the Department's Regulatory Policies and Procedures. It does not amend 
a rule having substantial public interest and we expect no economic 
impacts or Federalism impacts as a result of this rule.

C. Regulatory Flexibility Act

    This proposal is not expected to have a significant economic impact 
on a substantial number of small entities because the basic policies 
remain unchanged. An Initial Regulatory Flexibility Analysis has not 
been performed.

D. Paperwork Reduction Act

    There are no information collection requirements associated with 
this rule.

E. Administrative Procedure Act

    A general notice of proposed rulemaking was not published in the 
Federal Register because that notice and public procedure are 
unnecessary. This final rule revises agency specifies in the 
Transportation Acquisition Regulation to conform to the restructuring 
and revision of the document it supplements, the Federal Acquisition 
Regulation. The Department has little discretion in adopting these 
technical changes. We do not anticipate that we would receive 
meaningful comments on these amendments.

List of Subjects in 48 CFR Parts 1201, 1202, 1205, 1209, 1210, 
1211, 1212, 1213, 1215, 1216, 1219, 1220, 1224, 1233, 1237, 1247, 
1252, and 1253

    Government procurement.

    This final rule is issued pursuant to delegated authority under 49 
CFR part 1.59(p). This authority has been redelegated to the Senior 
Procurement Executive.

    Issued this 12th day of September 1996, at Washington, DC.
David J. Litman,
Director of Acquisition and Grant Management.

Adoption of Amendments

    Title 48 of the Code of Federal Regulations, Parts 1201, 1202, 
1205, 1209, 1210, 1211, 1212, 1213, 1215, 1216, 1219, 1220, 1224, 1233, 
1237, 1247, 1252, and 1253 are amended to read as set forth below:
    1. The authority citation for 48 CFR parts 1201, 1202, 1205, 1209, 
1210, 1211, 1212, 1213, 1215, 1216, 1219, 1220, 1224, 1233, 1237, 1247, 
1252, and 1253 continues to read as follows:

    Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.

PART 1201--FEDERAL ACQUISITION REGULATIONS SYSTEM

Subpart 1201.104-2--[Amended]

    2. Subpart 1201.1 is amended by removing ``OST--Office of the 
Secretary'' under 1201.104-2 and adding ``TASC--Transportation 
Administrative Service Center'' and by redesignating Secs. 1201.102 
through 1201.105 as follows:

[[Page 50249]]

1201.102 through 1201.105  [Redesignated as 1201.103 through 1201.106]

------------------------------------------------------------------------
                Old section                          New section        
------------------------------------------------------------------------
1201.102..................................  1201.103                    
1201.103..................................  1201.104                    
1201.104..................................  1201.105                    
1201.104-1................................  1201.105-1                  
1201.104-2................................  1201.105-2                  
1201.104-3................................  1201.105-3                  
1201.105..................................  1201.106                    
------------------------------------------------------------------------

    3. In subpart 1201.470, Sec. 1201.403 is revised to read as 
follows:

Subpart 1201.403--Individual Deviations

    The authority of the agency head under (FAR) 48 CFR 1.403 and (TAR) 
48 CFR chapter 12 is delegated to the Head of the Contracting Activity 
or designee no lower than Senior Executive Service (SES)/Flag Officer 
level. However, see Transportation Acquisition Manual (TAM) 1201.403. 
The TAM is available through the Government Printing Office.
    4. Subpart 1201.6 title is revised to read as follows:

Subpart 1201.6--Career Development, Contracting Authority and 
Responsibilities

PART 1202--DEFINITIONS OF WORDS AND TERMS

    5. Section 1202.1, paragraph (i)(7) is revised to read as follows:


1202.1  Definitions.

* * * * *
    (i) * * *
    (7) Transportation Administrative Service Center/Office of the 
Secretary (OST).
* * * * *

PART 1205--PUBLICIZING CONTRACT ACTIONS

    6. Section 1205.101, paragraph (a)(2), is removed and paragraph 
(a)2)(iii) is added to read as follows:


1205.101  Methods of disseminating information.

    (a)(2)(iii) Contracting officers shall post solicitations expected 
to exceed $25,000, if required in OA procedures.

PART 1209--CONTRACTOR QUALIFICATIONS

Subpart 1209.4--[Removed]

    7. Subpart 1209.4 (1209.406 through 1209.407-3) is removed and 
Sec. 1209.507 is revised to read as follows:


1209.507  Solicitation provisions.

    The contracting officer may insert the provision at (TAR) 48 CFR 
1252.209-70, ``Disclosure of Conflicts of Interest'' in all 
solicitations for negotiated acquisitions, when simplified acquisitions 
procedures in (FAR) 48 CFR Part 13, are not used and when the 
contracting officer believes the conditions enumerated in (FAR) 48 CFR 
9.507-2 warrant inclusion.

PART 1210--MARKET RESEARCH--[RESERVED]

    8. The heading of part 1210 is revised, Secs. 1210.004 through 
1210.011-90 are removed and the subpart is reserved.

PART 1211--ACQUISITION AND DISTRIBUTION OF COMMERCIAL ITEMS

    9. Part 1211 is added to read as follows:

PART 1211--DESCRIBING AGENCY NEEDS

Subpart 1211.6--Priorities and Allocations

1211.602  General.
1211.204-90  Solicitation provision and contract clause (USCG).

    Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.

Subpart 1211.6--Priorities and Allocations


1211.602  General.

    (c) The USCG is the only DOT OA delegated authority under the 
Defense Priorities and Allocations System (DPAS) regulation (15 CFR 
700) to assign priority ratings on contracts and orders placed with 
contractors to acquire products, materials, and services in support of 
USCG certified national defense related programs.


1211.204-90  Solicitation provision and contract clause (USCG).

    (a) The contracting officer shall insert the USCG clause at (TAR) 
48 CFR 1252.211-90, Bar Coding Requirement (also see (TAR) 48 CFR 
1213.507-90(a)) when the bar coding of supplies is necessary for the 
USCG.
    (b) See (TAR) 48 CFR 1213.507-90 for a provision which is required 
when the USCG clause at (TAR) 48 CFR 1252.211-90, Bar Coding 
Requirement, is used with simplified acquisition procedures.

PART 1212--ACQUISITION OF COMMERCIAL ITEMS--[RESERVED]

    10. The heading of part 1212 is revised to read as set forth above, 
subparts 1213.1 (Sec. 1213.107-90) and 1213.5 (Sec. 1213.5) are removed 
and the part is reserved.

PART 1213--SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES


1213.107-90  [Amended]

    11. Section 1213.107-90 is amended by correcting the reference to 
USCG provision ``1252.210-90'' to read ``1252.213-90'' and reference to 
USCG clause ``1252.210-90(a)'' to read ``1252.211-90'' and revise the 
words ``in small purchases'' to read ``with simplified acquisition 
procedures''.


1213.507-90  [Amended]

    12. Section 1213.507-90 is amended by correcting the reference to 
USCG clause ``1252.210-90'' to read ``1252.211-90''.

PART 1215--CONTRACTING BY NEGOTIATION


1215.407, 1215.804, and 1215.804-2  [Removed]

    13. In part 1215, Secs. 1215.407, 1215.804, and 1215.804-2 are 
removed.
    14. The heading of Sec. 1215.804-6 is revised to read as follows:


1215.804-6  Instructions for submission of cost or pricing data or 
information other than cost or pricing data.

PART 1216--TYPES OF CONTRACTS

    15. In part 1216, subpart 1216.5 is added to read as follows:

Subpart 1216.5--Indefinite-Delivery Contracts


1216.505  Ordering.

    (b)(4) Unless otherwise provided in OA procedures, the OA 
Competition Advocate is designated as the OA Task and Delivery Order 
Ombudsman.
    (i) If any corrective action is needed after reviewing complaints 
from contractors on task and delivery order contracts, the OA Ombudsman 
shall provide a written determination of such action to the contracting 
officer.
    (ii) Issues that cannot be resolved within the OA, are to be 
forwarded to the DOT Task and Delivery Order Ombudsman for review and 
resolution.

PART 1219--SMALL BUSINESS PROGRAMS

    16. Part 1219 title is revised to read as set forth above and 
subpart 1219.7 title is revised to read ``Subcontracting with Small 
Business, Small Disadvantaged Business and Women-Owned Small Business 
Concerns''. The last sentence of Sec. 1219.201(c) is removed. Appendix 
A following

[[Page 50250]]

Sec. 1219.006 is designated as Subpart A to Subpart 1219.10 and items 
(4) and (6) are revised to read as follows:

Appendix A to Subpart 1219.10

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                                               FPDs product and service 
        Targeted industry categories                     code           
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
(4) Maintenance, Repair, and Rebuilding of   J028/J010                  
 engines, turbines, components and weapons                              
 equipment.                                                             
                                                                        
                  *        *        *        *        *                 
(6) ADP Support Equipment..................  7035                       
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

PART 1220--LABOR SURPLUS AREA CONTRACTING

    17. Part 1220 title is revised to read as set forth above.

PART 1224--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

    18. In part 1224, Sec. 1224.000 is removed and Sec. 1224.103 is 
added to subpart 1224.1 to read as follows:


1224.103  Procedures.

    DOT's rules and regulations implementing the Privacy Act of 1974 
are located at 49 CFR Part 10.

PART 1233--PROTESTS, DISPUTES, AND APPEALS

    19. Section 1233.214 is amended by removing paragraph (d) and 
redesignating paragraphs (b) and (c) as (c) and (d), revising the 
introductory text of newly redesignated paragraph (c) and paragraph (d) 
to read as follows:


1233.214  Alternative dispute resolution (ADR).

    (c) The Administrative Dispute Resolution Act (ADRA), Pub. L. 101-
552, authorizes and encourages agencies to use mediation, conciliation, 
arbitration, and other techniques for the prompt and informal 
resolution of disputes, and for other purposes. The DOTBCA Alternate 
Dispute Resolution (ADR) procedures are contained in 48 CFR chapter 63, 
Section 6302.30, ADR Methods (Rule 30), and will be distributed to the 
parties, if ADR procedures are used. These procedures may be obtained 
from the DOTBCA upon request. ADR procedures may be used when:
* * * * *
    (d) DOT's Dispute Resolution Specialist in accordance with the ADRA 
is located in the DOT Office of the General Counsel, C-1. The Dispute 
Resolution Specialist performs the functions set forth in the 
Administrative Disputes Resolution Act for DOT operating 
administrations on a non-reimbursable basis. The Dispute Resolution 
Specialist may conduct any of the alternative means of dispute 
resolution set forth in Title 5, U.S.C. Section 581(3), including 
settlement negotiations under the auspices of a settlement judge, 
conciliation, facilitation, mediation, fact finding, mini-trials, and 
arbitration, or any combination of these methods.

PART 1237--SERVICE CONTRACTING

    20. The heading of subpart 1237.1 is revised to read ``Service 
Contracts--General'' (table of contents listing remains unchanged). New 
subpart 1237.104, ``Personal Services Contracts'' and Sec. 1237.104-90, 
``Delegation of Authority (USCG)'' are added to read as follows:

Subpart 1237.104--Personal Services Contracts


1237.104-90   Delegation of authority (USCG).

    (a) Pub. L. 104-106, DOD Authorization Act of 1996, Section 733, 
added Section 1091(A) to Title 10 of the United States Code, which 
authorizes contracting authority for personal service contracts for 
medical treatment facilities for the Coast Guard.
    (b) The authority of the Secretary of Transportation under Pub. L. 
104-106 to contract for personal service contracts for medical 
treatment facilities for the Coast Guard is delegated to the HCA with 
the authority to redelegate to contracting officers under procedures 
established by the Head of Contracting Activity, who will address 
applicable statutory limitations under Section 1091 of Title 10 U.S.C.

PART 1247--TRANSPORTATION

    21. Section 1247.104-370 is amended by changing the reference to 
section number ``1252.247-1'' to read ``1252.247-70''; by amending 
1247.305-70 (a), (b), (c), (d), (e), and (f) by revising the references 
to section numbers ``1252.247-2,'' ``1252.247-3,'' ``1252.247-4,'' 
``1252.247-5,'' ``1252.247-6,'' and ``1252.247-7,'' to read ``1252.247-
71,'' ``1252.247-72,'' ``1252-247-73,'' ``1252-247-74,'' ``1252-247-
75,'' and ``1252.247-76,'' respectively; and by amending 1247.305-71 by 
revising the reference to section number ``1252.247-8'' to read 
``1252.247-77''.

PART 1252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1252.210-70 and 1252.210-71 and 1252.247-1 through 1252.247-8   
[Redesignated as 1252.211-70 and 1252.211-71 and 1252.247-70 through 
1252.247-77]

    22. Sections 1252.210-70 and 1252.210-71 and 1252.247-1 through 
1252.247-8 are redesignated as follows:

------------------------------------------------------------------------
                Old section                          New section        
------------------------------------------------------------------------
1252.210-70...............................  1252.211-70                 
1252.210-71...............................  1252.211-71                 
1252.247-1................................  1252.247-70                 
1252.247-2................................  1252.247-71                 
1252.247-3................................  1252.247-72                 
1252.247-4................................  1252.247-73                 
1252.247-5................................  1252.247-74                 
1252.247-6................................  1252.247-75                 
1252.247-7................................  1252.247-76                 
1252.247-8................................  1252.247-77                 
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PART 1253--FORMS

    In Appendix A to subpart 1253.3, the entries for 1252.210-70, 
1252.210-71, 1252.247-1 through 1252.247-8 are removed and the 
following new entries are added in numerical order.

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[GRAPHIC] [TIFF OMITTED] TR25SE96.000



[FR Doc. 96-24302 Filed 9-24-96; 8:45 am]
BILLING CODE 4910-62-C