[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Rules and Regulations]
[Page 6676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2941]



[[Page 6676]]

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POSTAL SERVICE

39 CFR Part 230


Office of Inspector General; Contractor Requirements

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This rule establishes standards of qualification and 
responsibility for contractors employed by the Office of Inspector 
General. The rule also emphasizes consistency in contractor selection, 
and clarifies the OIG's exclusive authority to set qualifications and 
standards for its own contractors, as well as ensure the use of 
contracting best practices as established by the Federal Acquisition 
Regulations and other applicable sources in making contract awards.

DATES: Effective Date: March 12, 2012.

FOR FURTHER INFORMATION CONTACT: Anil Murjani, Office of General 
Counsel, Office of Inspector General, United States Postal Service, 
(703) 248-2244.

SUPPLEMENTARY INFORMATION: The OIG possesses contracting authority 
pursuant to the Inspector General Act of 1978, as amended (section 
6(a)(9) of 5 U.S.C. App. 3). Under 39 CFR 230.1(i), the Postal 
Service's Office of the Inspector General (OIG) may hire and retain the 
services of expert consultants and other personnel as necessary to 
fulfill the duties and responsibilities of the Office. This rule 
establishes general standards of qualification and responsibility for 
such contractors. The rule also emphasizes consistency in contractor 
selection, and clarifies the OIG's exclusive authority to set 
qualifications and standards for its own contractors, as well as ensure 
the use of contracting best practices as established by the Federal 
Acquisition Regulations and other applicable sources in making contract 
awards. Neither the United States Postal Service nor the OIG will be 
bound by the Federal Acquisition Regulations through the adoption of 
this rule.

List of Subjects in 39 CFR Part 230

    Authority delegations (Government agencies), Freedom of 
information, Organization and functions (Government agencies), Privacy.

    For the reasons stated, the Postal Service adopts the following 
amendment to 39 CFR Part 230:

PART 230--OFFICE OF INSPECTOR GENERAL

0
1. The authority citation for Part 230 continues to read as follows:

    Authority:  5 U.S.C. App. 3; 39 U.S.C. 401(2) and 1001.


0
2. Subpart A of Part 230 is amended by adding new Sec.  230.6 to read 
as follows:


Sec.  230.6  Contractor requirements.

    (a) The Office of Inspector General shall be the exclusive judge of 
its contractors' qualifications.
    (b) The Office of Inspector General shall award contracts to and 
make purchases from only responsible contractors. In order to award a 
contract, a contracting officer must make an affirmative determination 
of responsibility.
    (c) A responsible prospective contractor is one who:
    (1) Has the financial and logistical resources to perform the 
contract;
    (2) Has the necessary organization, experience, and technical 
ability to perform the contract;
    (3) Is able to comply with the delivery and performance schedules 
established by the Office of Inspector General;
    (4) Has a satisfactory performance record (although a lack of 
relevant performance history shall not disqualify a prospective 
contractor from award);
    (5) Has a satisfactory record of integrity and business ethics; 
and,
    (6) Is otherwise qualified and eligible to receive an award under 
applicable federal laws and regulations.

Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012-2941 Filed 2-8-12; 8:45 am]
BILLING CODE 7710-12-P