[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Rules and Regulations]
[Pages 26419-26424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12583]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

48 CFR Parts 1201, 1202, 1203, 1211, 1214, 1237, 1246, 1252, and 
1253


Amendment of Department of Transportation Acquisition Regulations

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Transportation Acquisition 
Regulation (TAR) to reflect the changes to the Federal Acquisition 
Regulation through the Federal Acquisition Circular 90-42 and to delete 
certification requirements.

DATES: This rule is effective June 13, 1997.

FOR FURTHER INFORMATION CONTACT: Charlotte Hackley, Office of 
Acquisition and Grant Management, M-60, 400 Seventh Street SW., 
Washington, DC 20590: (202) 366-4267.

SUPPLEMENTARY INFORMATION:

A. Background

    The Department of Transportation has determined that changes to the 
Transportation Acquisition Regulation (TAR) are necessary to implement 
and align it with 48 CFR Chapter Circulars 90-34 through 90-42, to 
delete certification requirements, amend part 1211 to insert language 
inadvertently omitted in 61 FR 50248, published September 25, 1996, and 
to make minor editorial revisions and corrections.

B. Regulatory Analysis and Notices

    The Department has determined that this action is not a significant 
regulatory action under Executive Order 12866 or under the Department's 
Regulatory Policies and Procedures. The Department does not believe 
that there would be significant Federalism implications to warrant the 
preparation of a Federalism assessment.

C. Regulatory Flexibility Act

    The Department certifies that this final rule does not have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et 
seq., because the rule merely restates previous TAR coverage, deletes 
certification requirements which do not significantly alter the amount 
of information currently required, and makes minor editorial revisions.

D. Paperwork Reduction Act

    There are no new information collection requirements that require 
clearance previously approved under OMB Control No. 2105-0517.

List of Subjects in 48 CFR Parts 1201, 1202, 1203, 1211, 1214, 
1237, 1246, 1252, and 1253

    Government procurement.

    The Final rule is issued under the delegated authority of 49 CFR 
Part 1.59(p). This authority is redelegated to the Senior Procurement 
Executive, issued this 7th day of May 1997, at Washington, DC.
David J. Litman,
Director of Acquisition and Grant Management.

Adoption of Amendments

    For the reasons set out in the preamble, 48 CFR Chapter 12 is 
amended as follows:
    1. The authority citation for 48 CFR chapter 12, parts 1201, 1202, 
1203, 1211, 1214, 1237, 1246, 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 [AMENDED]


1201.301-70  [Amended]

    2. Section 1201.301-70 is amended by removing paragraph (a)(4) and 
redesignating paragraph (a)(5) as (a)(4) and by removing in paragraph 
(b) introductory text the words ``TAR Council System'' and adding in 
their

[[Page 26420]]

place the words ``TAR/TAM change process''.
    Section 1201.304(a) is revised to read as follows:


1201.304  Agency control and compliance procedures.

    (a) DOT shall control the proliferation of acquisition regulations 
and any revisions thereto (except as noted in paragraph (b) of this 
section) by using an internal TAR change process that involves input 
from many DOT elements including operating administration 
representatives on the Procurement Management Council. The operating 
administration member shall represent their operating administration's 
viewpoint along with Departmentwide considerations in reaching a 
decision on TAR changes.
* * * * *

PART 1202--DEFINITIONS OF WORDS AND TERMS

    3. Section 1202.1 is amended by revising paragraphs (f) and (g) to 
read as follows and by amending paragraph (i)(7) by removing the phrase 
``/Office of the Secretary (OST)'':


1202.1  Definitions.

* * * * *
    (f) Head of the agency or agency head means the Deputy Secretary 
except for acquisition actions that, by the terms of a statute or 
delegation, must be done specifically by the Secretary of 
Transportation.
    (g) Head of the contracting activity (HCA) means the individual 
responsible for managing the contracting offices within an operating 
administration who is a member of the Senior Executive Service or a 
flag officer and is the same as the term ``head of the procuring 
activity.''
* * * * *

PART 1203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST


1203.409  [Amended]

    4. Section 1203.409 is redesignated as section 1203.405.

PART 1211--DESCRIBING AGENCY NEEDS

    5. Subparts 1211.1 and 1211.2 are added to read as follows:

Subpart 1211.1--Selecting and Developing Requirements Documents


1211.104  Items peculiar to one manufacturer.


1211.104-70  Offer evaluation and award, brand name or equal 
descriptions.

    (a) An offer may not be rejected for failure of the offered product 
to equal a characteristic of a brand name product if it was not 
specified in the brand name or equal description. However, if it is 
clearly established that the unspecified characteristic is essential to 
the intended end use, the solicitation may be defective and need to be 
amended or the requirement resolicited.
    (b) The contracting officer shall insert in the solicitation an 
entry substantially as follows for completion by the offeror in the 
item listing after each item or component part of an end item to which 
a brand name or equal purchase description applies:

Offering on:

----------------------------------------------------------------------
Manufacturer's Name:

----------------------------------------------------------------------
Brand:

----------------------------------------------------------------------
No:

----------------------------------------------------------------------

    (c) Except when bid samples are requested for brand name or equal 
procurements, the following note shall be inserted in the item listing 
after each brand name or equal item (or component part), or at the 
bottom of each page, listing several such items, or in a manner that 
may otherwise direct the offeror's attention to this note:

    Offerors offering other than brand name items identified herein 
should furnish with their offers adequate information to ensure that 
a determination can be made as to the equality of the product(s) 
offered (see the provision at (TAR) 48 CFR 1252.211-70, Brand Name 
or Equal).

Subpart 1211.2--Using and Maintaining Requirements Documents


1211.204-70  Solicitation provisions and contract clauses.

    (a) The contracting officer shall insert the provision at (TAR) 48 
CFR 1252.211-70, Brand Name or Equal, in solicitations using a brand 
name or equal purchase description whenever practicable.
    (b) The contracting officer shall insert the clause at (TAR) 48 CFR 
1252.211.71, Index for Specifications, when an index or table of 
contents may be furnished with the specification.

PART 1214--SEALED BIDDING

    6. Section 1214.303(b) is amended by revising the certification to 
read as follows:


1214.303   Modification or withdrawal of bids.

    (b) * * *

    I, as a bona fide agent for or representative of

----------------------------------------------------------------------
(Bidder's name and address), am authorized to withdraw the bid on 
IFB No. ________ scheduled for opening on ________________ and 
hereby acknowledge receipt of the unopened bid.

----------------------------------------------------------------------
(Name and telephone No.)

----------------------------------------------------------------------
(Date)

PART 1237--SERVICE CONTRACTING

    7. Subpart 1237.1--Service Contracts--General is amended by adding 
sections 1237.104 and 1237.104-90 to read as follows:

Subpart 1237.1--Service Contracts--General


1237.104  Personal services contracts. (USCG)


1237.104-90  Delegation of authority. (USCG)

PART 1246--QUALITY ASSURANCE

Subpart 1246.7--Warranties


1246.701-70  [Amended]

    8. Section 1246.701-70, paragraph (b) of the definition Major 
system is amended by removing the citation ``48 CFR 15.804-3(c)'' and 
adding in its place the citation ``48 CFR 15.804-1''.

PART 1252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1252.219-70 [Amended]

    9. Section 1252.219-70, is amended by removing paragraph (b) and 
redesignating paragraph (c) as (b).

PART 1253--[AMENDED]

Subpart 1253.3--Forms

    10. Part 1253, Forms DOT F 4220.4, DOT F 4220.43, DOT F 4220.45, 
and DOT F 4220.46 are revised to read as follows:

BILLING CODE 4910-62-P

[[Page 26421]]

[GRAPHIC] [TIFF OMITTED] TR14MY97.007



[[Page 26422]]

[GRAPHIC] [TIFF OMITTED] TR14MY97.008



[[Page 26423]]

[GRAPHIC] [TIFF OMITTED] TR14MY97.009



[[Page 26424]]

[GRAPHIC] [TIFF OMITTED] TR14MY97.010



[FR Doc. 97-12583 Filed 5-13-97; 8:45 am]
BILLING CODE 4910-62-C