[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Proposed Rules]
[Pages 76948-76950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29767]


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DEPARTMENT OF THE TREASURY

48 CFR Parts 1001, 1002, 1016, 1019, 1022, 1028, 1032, 1034, 1042, 
and 1052


Department of the Treasury Acquisition Regulation; Technical 
Amendments

AGENCY: Office of the Procurement Executive, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of the Treasury is makes amendments to the 
Department of the Treasury Acquisition Regulation (DTAR) in order to 
make editorial changes. These editorial changes are in response to 
either updates made to the Federal Acquisition Regulations (FAR), 
Treasury bureau organizational restructuring, and other internal 
updates that have occurred since the 2013 edition.

DATES: Comment due date: January 22, 2015.

ADDRESSES: Treasury invites comments on the topics addressed in this 
proposed rule. Comments may be submitted to Treasury by any of the 
following methods: by submitting electronic comments through the 
federal government e-rulemaking portal, www.regulations.gov, by email 
to [email protected]; or by sending paper comments to 
Department of the Treasury, Office of the Procurement Executive, Attn: 
Thomas O'Linn, 655 15th Street NW., Metropolitan Square, Room 6B415, 
Washington, DC 20220.
    In general, Treasury will post all comments to www.regulations.gov 
without change, including any business or personal information 
provided, such as names, addresses, email addresses, or telephone 
numbers. Treasury will also make such comments available for public 
inspection and copying in Treasury's Library, Room 1428, Department of 
the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220, on 
official business days between the hours of 10:00 a.m. and 5:00 p.m. 
Eastern Time. You can make an appointment to inspect comments by 
telephoning (202) 622-0990. All comments, including attachments and 
other supporting materials received are part of the public record and 
subject to public disclosure. You should submit only information that 
you wish to make publicly available.

FOR FURTHER INFORMATION CONTACT: Thomas O'Linn, Procurement Analyst, 
Office of the Procurement Executive, at (202) 622-2092.

SUPPLEMENTARY INFORMATION: The DTAR, which supplement the Federal 
Acquisition Regulation, are codified at 48 CFR Chapter 10. In order to 
update certain elements in 48 CFR part 10 this document makes editorial 
changes to the DTAR, which include updating Treasury bureau names and 
updating titles and dates, and other nonsubstantive revisions. This 
proposed rule would also remove the Earned Value Management System 
provisions codified at section 1052.234-72. There is no longer a need 
for Treasury-specific coverage in this area.

Regulatory Planning and Review

    This rule is not a significant regulatory action as defined in 
section 3(f) of Executive Order 12866. Therefore a regulatory 
assessment is not required.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. chapter 6) generally 
requires agencies to conduct an initial regulatory flexibility analysis 
and a final regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements, unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities.
    It is hereby certified that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
The rule is intended to make editorial changes to the DTAR.

Paperwork Reduction Act

    The information collections contained in this proposed rule have 
been previously approved by the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. 3501, et seq.) and assigned OMB 
control numbers 1505-0081; 1505-0080; and 1505-0107. Under the 
Paperwork Reduction Act, an agency may not conduct or sponsor and a 
person is not required to respond to a collection of information unless 
it displays a valid OMB control number.

List of Subjects in 48 CFR Chapter 10

    Government procurement.

    Accordingly, the Department of the Treasury proposes to amend 48 
CFR chapter 10 as follows:

PART 1001--DEPARTMENT OF THE TREASURY ACQUISITION REGULATION (DTAR) 
SYSTEM

0
1. The authority citation for part 1001 is revised to read as follows:

    Authority:  41 U.S.C. 1707.

1001.670  [Amended]

0
2. Amend section 1001.670 by removing from the paragraph the word 
``Technical'' from Contracting Officer Technical Representative and the 
letter ``T'' in COTR in all instances used.

PART 1002--DEFINITIONS OF WORDS AND TERMS

0
3. The authority citation for part 1002 is revised to read as follows:

    Authority:  41 U.S.C. 1707.

0
4. Section 1002.101 is revised to read as follows:


1002.101   Definitions.

    Bureau means any one of the following Treasury organizations:
    (1) Alcohol and Tobacco Tax and Trade Bureau (TTB);
    (2) Bureau of Engraving & Printing (BEP);
    (3) Bureau of the Fiscal Service (formerly Bureau of Public Debt 
and Financial Management Service);
    (4) Departmental Offices (DO);
    (5) Financial Crimes Enforcement Network (FinCEN);
    (6) Office of the Inspector General (OIG);
    (7) Internal Revenue Service (IRS);
    (8) Office of the Comptroller of the Currency (OCC);
    (9) Special Inspector General for the Troubled Asset Relief Program 
(SIGTARP);
    (10) Treasury Inspector General for Tax Administration (TIGTA); or
    (11) United States Mint.


1002.70  [Amended]

0
5. Amend section 1002.70 by--
0
a. Removing ``COTR Contracting Technical Officer's Representative'' and 
adding ``COR Contracting Officer's Representative'' in its place.
0
b. Removing ``IPP Internet Payment Platform'' and adding ``IPP Invoice 
Processing Platform'' in its place.

PART 1016--TYPES OF CONTRACTS

0
6. The authority citation for part 1016 is revised to read as follows:

    Authority:  41 U.S.C. 1707.

1016.505   [Amended]

0
7. Section 1016.505 is revised to read as follows:

[[Page 76949]]

1016.505   Ordering.

    (b)(8) The HCA shall designate a task and delivery order ombudsman 
in accordance with bureau procedures and provide a copy of the 
designation to the agency task and delivery order ombudsman. Bureau 
task and delivery order ombudsmen shall review complaints from 
contractors concerning task and delivery orders placed by the 
contracting activity and ensure they are afforded a fair opportunity to 
be considered, consistent with the procedures in the contract. In the 
absence of a designation, the Bureau advocate for competition will 
serve in that capacity.

PART 1019--SMALL BUSINESS PROGRAMS

0
8. The authority citation for part 1019 is revised to read as follows:

    Authority:  41 U.S.C. 1707.
0
9. Amend section 1019.202-70 by--
0
a. Removing from paragraph (d)(1) the text ``List of Parties Excluded 
from Federal Procurement and Nonprocurement Programs'' and adding 
``System for Award Management Exclusions'' in its place;
0
b. Adding paragraph (n)(2)(vi).
0
c. Removing from paragraph (p)(1) the text ``$500,000 ($1,000,000 for 
construction)'' and adding ``$650,000 ($1,500,000 for construction)'' 
in its place; and
0
d. Revising paragraph (p)(2).
    The addition and revision read as follows:


1019.202-70  The Treasury Mentor Prot[eacute]g[eacute] Program

* * * * *
    (n) * * *
    (2) * * *
    (vi) Prot[eacute]g[eacute] firms shall submit a post completion 
report 24 months after exiting the Mentor-Prot[eacute]g[eacute] 
Program. The post completion report will assist the Department of the 
Treasury in assessing the progress of Prot[eacute]g[eacute] firms upon 
completion of the program.
* * * * *
    (p) * * *
    (2) Insert the clause at 1052.219-75, Mentor Requirements and 
Evaluation, in solicitations and contracts where the contractor is a 
participant in the Treasury Mentor-Prot[eacute]g[eacute] Program.


1019.8  [Amended]

0
10. Revise the heading for subpart 1019.8 to read as follows:

Subpart 1019.8--Contracting With the Small Business Administration 
(The 8(a) Program)


1019.811-3  [Amended]

0
11. Amend section 1019.811-3 by--
0
a. Removing from paragraph (d)(3) the citation ``1019.8'' and adding 
``FAR 19.8'' in its place; and
0
b. Removing from paragraph (f) the citation ``1019.8'' and adding ``FAR 
19.8'' in its place.

PART 1022--MINORITY AND WOMEN INCLUSION

0
12. The authority citation for part 1022 continues to read as follows:

    Authority:  12 U.S.C. 5452.

PART 1028--BONDS AND INSURANCE

0
13. The authority citation for part 1028 is revised to read as follows:

    Authority: 41 U.S.C. 1707.

1028.307-1  [Amended]

0
14. In section 1028.307-1, remove reserved paragraph (b).
0
15. Revise section 1028.310-70 to read as follows:


1028.310-70  Agency contract clause for work on a Government 
installation.

    (a) Insert a clause substantially similar to 1052.228-70, Insurance 
requirements, in all solicitations and contracts that contain the 
clause at FAR 52.228-5.
0
16. Revise section 1028.311-2 to read as follows:


1028.311-2  Agency solicitation provisions and contract clauses.

    Insert a clause substantially similar to 1052.228-70, Insurance 
requirements, in all solicitations and contracts that contain the 
clause at FAR 52.228-7.

PART 1032--CONTRACT FINANCING

0
17. The authority citation for part 1032 is revised to read as follows:

    Authority:  41 U.S.C. 1707.


1032.7002  [Amended]

0
18. Amend section 1032.7002 by--
0
a. Removing from paragraph (a) introductory text the words ``awarded 
after October 1, 2012,'' and
0
b. Removing from paragraph (c) the words ``Treasury Internet Payment 
Platform'' and adding the words ``Treasury Invoice Processing 
Platform'' in their place.
0
19. Section 1032.7003 is revised to read as follows:


1032.7003  Contract clause.

    Except as provided in 1032.7002(a), use the clause at 1052.232-
7003, Electronic Submission of Payment Requests, in all solicitations 
and contracts.

PART 1034--MAJOR SYSTEM ACQUISITION

0
20. The authority citation for part 1034 is revised to read as follows:

    Authority:  41 U.S.C. 1707.
0
21. In section 1034.001, add introductory text and remove the 
definition of ``Core Earned Value Management''.
    The addition reads as follows:


1034.001  Definitions.

    As used in this part--
* * * * *

Subpart 34.2 [Removed]

0
22. Remove subpart 34.2.

PART 1042--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
23. The authority citation for part 1042 is revised to read as follows:

    Authority:  41 U.S.C. 1707.


1042.1500  [Removed and Reserved]

0
24. Remove and reserve section 1042.1500.

PART 1052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
25. The authority citation for part 1052 is revised to read as follows:

    Authority:  41 U.S.C. 1707.

0
26. In section 1052.201-70, revise the introductory text and paragraphs 
(a), (b), (c) introductory text, (c)(6), (d), and (e) to read as 
follows:


1052.201-70  Contracting Officer's Representative (COR) appointment and 
authority.

    As prescribed in 1001.670-6, insert the following clause:

CONTRACTING OFFICER'S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY 
(JAN 2015)

    (a) The COR is _-- [insert name, address and telephone number].
    (b) Performance of work under this contract is subject to the 
technical direction of the COR identified above, or a representative 
designated in writing. The term ``technical direction'' includes, 
without limitation, direction to the contractor that directs or 
redirects the labor effort, shifts the work between work areas or 
locations, and/or fills in details and otherwise serves to ensure 
that tasks outlined in the work statement are accomplished 
satisfactorily.

[[Page 76950]]

    (c) Technical direction must be within the scope of the contract 
specification(s)/work statement. The COR does not have authority to 
issue technical direction that:
* * * * *
    (6) Directs, supervises or otherwise controls the actions of the 
Contractor's employees.
    (d) Technical direction may be oral or in writing. The COR must 
confirm oral direction in writing within five workdays, with a copy 
to the Contracting Officer.
    (e) The Contractor shall proceed promptly with performance 
resulting from the technical direction issued by the COR. If, in the 
opinion of the Contractor, any direction of the COR or the 
designated representative falls within the limitations of (c) above, 
the Contractor shall immediately notify the Contracting Officer no 
later than the beginning of the next Government work day.
* * * * *
0
27. Revise section 1052.210-70 to read as follows:


1052.210-70  Contractor publicity.

    As prescribed in 1009.204-70, insert the following clause:

CONTRACTOR PUBLICITY (JAN 2015)

    The Contractor, or any entity or representative acting on behalf 
of the Contractor, shall not refer to the supplies or services 
furnished pursuant to the provisions of this contract in any news 
release or commercial advertising, or in connection with any news 
release or commercial advertising, without first obtaining explicit 
written consent to do so from the Contracting Officer. Should any 
reference to such supplies or services appear in any news release or 
commercial advertising issued by or on behalf of the Contractor 
without the required consent, the Government shall consider 
institution of all remedies available under applicable law, 
including 31 U.S.C. 333, and this contract. Further, any violation 
of this clause may be considered as part of the evaluation of past 
performance.

    (End of clause)

0
28. Revise the text of section 1052.228-70 to read as follows:


1052.228-70  Insurance requirements.

    As prescribed in 1028.310-70 and 1028.311-2, insert a clause 
substantially as follows: The contracting officer may require 
additional kinds of insurance (e.g., aircraft public and passenger 
liability, vessel liability) or higher limits of coverage.

INSURANCE (JAN 2015)

    In accordance with FAR clause 52.228-5, entitled ``Insurance--
Work on a Government Installation'' [or FAR clause 52.228-7 
entitled, ``Insurance--Liability to Third Persons''], insurance of 
the following kinds and minimum amounts shall be provided and 
maintained during the period of performance of this contract:
    (a) Worker's compensation and employer's liability. The 
Contractor shall, as a minimum, meet the requirements specified at 
FAR 28.307-2(a).
    (b) General liability. The Contractor shall, at a minimum, meet 
the requirements specified at FAR 28.307-2(b).
    (c) Automobile liability. The Contractor shall, at a minimum, 
meet the requirements specified at FAR 28.307-2(c).

    (End of clause)
0
29. Revise section 1052.232-7003 to read as follows:


1052.232-7003  Electronic submission of payment requests.

    As prescribed in 1032.7003, use the following clause:

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (JAN 2015)

    (a) Definitions. As used in this clause--
    (1) ``Payment request'' means a bill, voucher, invoice, or 
request for contract financing payment with associated supporting 
documentation. The payment request must comply with the requirements 
identified in FAR 32.905(b), ``Content of Invoices'' and the 
applicable Payment clause included in this contract.
    (b) Except as provided in paragraph (c) of this clause, the 
Contractor shall submit payment requests electronically using the 
Invoice Processing Platform (IPP). Information regarding IPP, 
including IPP Customer Support contact information, is available at 
www.ipp.gov or any successor site.
    (c) The Contractor may submit payment requests using other than 
IPP only when the Contracting Officer authorizes alternate 
procedures in writing in accordance with Treasury procedures.
    (d) If alternate payment procedures are authorized, the 
Contractor shall include a copy of the Contracting Officer's written 
authorization with each payment request.

    (End of clause)


1052.234-2  [Removed]

0
30. Remove section 1052.234-2.


1052.234-3  [Removed]

0
31. Remove section 1052.234-3.


1052.234-4  [Removed]

0
32. Remove section 1052.234-4.


1052.234-70   [Removed]

0
33. Remove section 1052.234-70.


1052.234-71  [Removed]

0
34. Remove section 1052.234-71.


1052.234-72  [Removed]

0
35. Remove section 1052.234-72.

Iris B. Cooper,
Senior Procurement Executive, Office of the Procurement Executive.
[FR Doc. 2014-29767 Filed 12-22-14; 8:45 am]
BILLING CODE 4810-25-P