[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Rules and Regulations]
[Pages 47116-47140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15746]


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DEPARTMENT OF JUSTICE

48 CFR Chapter 28

[Docket No. JMD 155]
RIN 1105-AB54


Streamlining DOJ Acquisition Regulations (JAR)

AGENCY: Justice Management Division, Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice is revising the Justice Acquisition 
Regulations (JAR) in its entirety in order to update and streamline 
agency procurement actions consistent with the Federal Acquisition 
Reform Act, and the Federal Acquisition Streamlining Act. The JAR 
supplements the executive branch-wide Federal Acquisition Regulations 
(FAR) to address matters specific to the Department of Justice relating 
to its procurement of goods and services. It covers mostly internal 
policies and procedures, but also includes some rules governing private 
entities doing business with the Department.

DATES: This rule is effective on September 2, 2022.

FOR FURTHER INFORMATION CONTACT: Tara M. Jamison, Director, Office of 
Acquisition Management, Justice Management Division, 145 N Street NE, 
Room 8W.210, Washington, DC 20530, (202) 616-3754 (not a toll-free 
call).

SUPPLEMENTARY INFORMATION: 

I. Summary

    This rule codifies changes to the Justice Department's Justice 
Acquisition Regulations that were proposed in the proposed rule on this 
subject that was published on October 21, 2021 (86 FR 58526). The 
public comment period ended on December 20, 2021. The Department 
received only two comments on proposed rule which are discussed below.

II. Discussion

A. Background--The FAR, the OFPP Act, and the JAR

    When Federal agencies acquire supplies or services using 
appropriated funds, the purchase is governed by the Federal Acquisition 
Regulations (FAR), set forth at title 48 of the CFR, chapter 1, parts 1 
through 53, and any agency regulations that implement or supplement the 
FAR.
    The Office of Federal Procurement Policy Act (OFPP), as codified in 
41 U.S.C. 1707, provides the authority for an agency to issue 
acquisition regulations that implement or supplement the FAR. This 
authority ensures that Government procurements are handled fairly and 
consistently, that the Government receives overall best value, and that 
the Government and contractors both operate under a known set of rules.
    The Justice Acquisition Regulations (JAR) are set forth at title 48 
CFR, chapter 28, parts 2801 through 2852, and provide procurement 
regulations that supplement the FAR to address matters specific to the 
Department of Justice (``the Department'' or ``DOJ'') relating to its 
acquisition of goods and services. As such, the JAR covers only those 
areas where agency implementation is required by the FAR, or where DOJ 
policies and procedures exist that supplement FAR coverage.

B. Purpose of the Regulatory Action

    The revisions made by this rule will align internal departmental 
guidance in the JAR with the FAR and remove outdated and duplicative 
requirements. The revisions will revise the existing regulation 
promulgated at 63 FR 16118-01 on April 2, 1998, corrected at 63 FR 
26738-01, May 14, 1998, and amended at 64 FR 37044-01, July 9, 1999 
(together, the ``current regulation''). Among other things, the 
revisions will: (1) update definitions and descriptions, (2) streamline 
certain sections, (3) remove extraneous procedural information that 
applies only to DOJ's internal operating procedures, (4) delete 
outdated information, (5) incorporate new regulatory sections to align 
with internal bureau procedures as appropriately contained in DOJ 
policy orders and policy instructions, and (6) simplify other parts for 
efficiency.
    This rulemaking effort creates an efficient JAR that is more 
straightforward and less burdensome. The revised JAR will supersede the 
current regulation in its entirety.

C. Relation of the FAR to the JAR

    The FAR contains many requirements related to agency procedures, 
which will not be repeated in DOJ's revision of the JAR. If the JAR 
does not include provisions supplementing the FAR under the 
corresponding part or subpart, it is because the FAR language is 
considered sufficient. Where the JAR states ``in accordance with bureau 
procedures'' or ``in accordance with agency procedures,'' this does not 
mean that the bureau or the agency must have a procedure. It is 
intended that the bureau or agency procedures are to be followed if 
they exist, but does not mean that the bureau or the agency necessarily 
has a formal written procedure. Where neither the JAR nor bureau 
procedures address a FAR subject, the FAR guidance is to be followed. 
The JAR is not a complete system of regulations and must be used in 
conjunction with the FAR.

D. Summary of Noteworthy Changes

    Most of the changes to 48 CFR chapter 28 relate to internal 
Department policies and procedures that do not impact the public. For 
example, the revisions identify the individuals within the Department 
who will exercise particular responsibilities set forth in the FAR, and 
whether such responsibilities may be delegated. There are, however, two 
provisions that impact the public. Part 2833 contains revisions to the 
process for filing and deciding agency protests of procurement 
decisions. In addition,

[[Page 47117]]

the revisions include a new section 2852.212-4, which is a FAR 
deviation that sets forth certain terms and conditions that will apply 
to all software licenses.

E. Other Changes and Effect on Non-Department Entities

    While most of the changes to the JAR made by this rule relate to 
internal policies and procedures, some changes govern matters relating 
to private entities selling goods or services to the Department. In 
particular, the rule includes changes related to the filing and 
deciding of procurement protests filed with the Department, and also 
includes a FAR deviation that establishes certain terms and conditions 
that will be incorporated in all software licenses with the Department.
    Some subparts/sections that are being removed addressed matters 
that are now addressed in new subparts/sections with different 
numbering, while some subparts/sections are being removed altogether. 
The removal of subparts by this rule merely eliminates from the JAR 
provisions that are either already in the FAR or that only pertain to 
internal policy guidance. None of the subparts or sections being 
removed altogether addressed matters affecting persons or entities 
external to the Department. To the extent matters addressed in such 
removed subpart/sections are incorporated into internal Department 
guidance documents, this will not affect persons or entities external 
to the Department.
    Attached to this rule is an Appendix that lists the sections of the 
JAR that are being removed and/or renamed. The Appendix will not be 
codified.

III. Discussion of Comments

    One comment recommended that the Justice Department should adopt 
this rule, because it would be good for the Justice Department and 
provide a good example for other Government agencies to get more in 
line with Federal regulations and modernize their current regulations 
when possible.
    A second commenter expressed concern about the variance between the 
current existing regulations and the regulations being proposed. In 
particular, the commenter suggested that this rule has a direct effect 
on interstate commerce and raises federalism concerns through the 
rule's affect on the states through potential taxation of acquisitions. 
In response, the Department notes that this rule: (1) has no impact on 
State or local governments in their governmental capacity, (2) imposes 
no taxes on such governments, (3) imposes no requirements on such 
governments regarding their own procurement or acquisition policies. 
State and local governments would only come under the provisions of 
this rule if they were selling some product or service to the Justice 
Department pursuant to the normal Justice Department acquisition 
process. In that case, such governments would be treated by this rule 
like any other vendor selling to DOJ. Further, this rule imposes no 
burdens on interstate commerce but, rather, by simplifying and 
streamlining the JAR should make the process of selling goods and 
services to DOJ easier to understand.
    The Department believes that the comments received on the JAR 
proposed rule do not require changes to the rule. Accordingly, this 
final rule finalizes the proposed rule without change.

IV. Regulatory Certifications

Executive Orders 12866 and 13563--Regulatory Review

    This regulation has been drafted and reviewed in accordance with 
Executive Orders 12866 and 13563. This rule is primarily limited to 
agency organization, management and personnel as described by Executive 
Order 12866, section 3(d)(3) and, therefore, is not a ``regulation'' as 
defined by that Executive order. Accordingly, this action has not been 
reviewed by the Office of Management and Budget.
    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives. The Justice 
Management Division (JMD) has examined the economic, budgetary, and 
policy implications of its regulatory action, and has determined that 
the impact on the public is minimal. The regulation mainly relates to 
internal Department policies and procedures that do not impact the 
public.

Regulatory Flexibility Act

    The Attorney General in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it 
certifies that it will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
rule applies primarily to DOJ internal operating procedures and would 
generally be business neutral. DOJ estimates that no cost impact would 
result from this rule update for individual business.

Executive Order 13132--Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12988--Civil Justice Reform

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This rule would have no such effect on 
State, local, and tribal governments or on the private sector.

Congressional Review Act

    This rule is not a major rule as defined by the Congressional 
Review Act, 5 U.S.C. 804. This rule will not result in an annual effect 
on the economy of $100,000,000 or more; a major increase in costs or 
prices; or significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based companies to compete with foreign-based companies in 
domestic and export markets.
    JMD has determined that this action is a rule relating primarily to 
agency organization, procedure or practice that does not substantially 
affect the rights or obligations of non-agency parties, and, 
accordingly, is not a ``rule'' as that term is used by the 
Congressional Review Act. Therefore, the reporting requirement of 5 
U.S.C. 801 does not apply.

Paperwork Reduction Act

    This rule imposes no information collection or recordkeeping 
requirements.

Signing Authority

    In accordance with Paragraph 8 of Attorney General Order 1687-93, 
the undersigned is authorized to sign and submit this document to the 
Office of the Federal Register for publication electronically as an 
official document of the Department of Justice.

[[Page 47118]]

List of Subjects

48 CFR Parts 2801, 2802, 2805, 2806, 2807, 2808, 2809, 2810, 2811, 
2812, 2813, 2814, 2815, 2816, 2817, 2819, 2827, 2834, 2836, 2837, 2845, 
2850, and 2852.

    Government procurement.

48 CFR Part 2803

    Conflict of interest, Government procurement.

48 CFR Part 2804

    Classified information, Government procurement, Reporting and 
recordkeeping requirements.

48 CFR Part 2822

    Government procurement, Individuals with disabilities.

48 CFR Part 2823

    Environmental protection, Government procurement.

48 CFR Part 2825

    Foreign currencies, Foreign trade, Government procurement.

48 CFR Part 2828

    Government procurement, Insurance, Surety bonds.

48 CFR Part 2829

    Government procurement, Taxes.

48 CFR Parts 2830, 2831, and 2832

    Accounting, Government procurement.

48 CFR Part 2833

    Administrative practice and procedure, Government procurement.

48 CFR Part 2839

    Computer technology, Government procurement.

48 CFR Part 2841

    Government procurement, Reporting and recordkeeping requirements, 
Utilities.

48 CFR Part 2842

    Accounting, Freight, Government procurement, Reporting and 
recordkeeping requirements.

48 CFR Part 2846

    Government procurement, Reporting and recordkeeping requirements, 
Warranties.

48 CFR Parts 2848 and 2849

    Government procurement, Reporting and recordkeeping requirements.

0
Accordingly, for the reasons set out in the preamble, 48 CFR chapter 28 
is revised to read as follows:

CHAPTER 28--DEPARTMENT OF JUSTICE

SUBCHAPTER A--GENERAL

PART 2801--DEPARTMENT OF JUSTICE ACQUISITION REGULATION SYSTEM
PART 2802--DEFINITIONS OF WORDS AND TERMS
PART 2803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST
PART 2804--ADMINISTRATIVE MATTERS

SUBCHAPTER B--COMPETITION AND ACQUISITION PLANNING

PART 2805--PUBLICIZING CONTRACT ACTIONS
PART 2806--COMPETITION REQUIREMENTS
PART 2807--ACQUISITION PLANNING
PART 2808--REQUIRED SOURCES OF SUPPLIES AND SERVICES
PART 2809--CONTRACTOR QUALIFICATIONS
PART 2810--MARKET RESEARCH
PART 2811--DESCRIBING AGENCY NEEDS
PART 2812--ACQUISITION OF COMMERCIAL ITEMS

SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES

PART 2813--SIMPLIFIED ACQUISITION PROCEDURES
PART 2814--SEALED BIDDING
PART 2815--CONTRACTING BY NEGOTIATION
PART 2816--TYPES OF CONTRACTS
PART 2817--SPECIAL CONTRACTING METHODS

SUBCHAPTER D--SOCIOECONOMIC PROGRAMS

PART 2819--SMALL BUSINESS PROGRAMS
PART 2822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
PART 2823--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
PART 2825--FOREIGN ACQUISITION

SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS

PART 2827--PATENTS, DATA, AND COPYRIGHTS
PART 2828--BONDS AND INSURANCE
PART 2829--TAXES
PART 2830--COST ACCOUNTING STANDARDS ADMINISTRATION
PART 2831--CONTRACT COST PRINCIPLES AND PROCEDURES
PART 2832--CONTRACT FINANCING
PART 2833--PROTESTS, DISPUTES, AND APPEALS

SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING

PART 2834--MAJOR SYSTEM ACQUISITION
PART 2836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
PART 2837--SERVICE CONTRACTING
PART 2839--ACQUISITION OF INFORMATION TECHNOLOGY
PART 2841--ACQUISITION OF UTILITY SERVICES

SUBCHAPTER G--CONTRACT MANAGEMENT

PART 2842--CONTRACT ADMINISTRATION AND AUDIT SERVICES
PART 2845--GOVERNMENT PROPERTY
PART 2846--QUALITY ASSURANCE
PART 2848--VALUE ENGINEERING
PART 2849--TERMINATION OF CONTRACTS
PART 2850--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

SUBCHAPTER H--CLAUSES AND FORMS

PART 2852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

SUBCHAPTER A--GENERAL

PART 2801--DEPARTMENT OF JUSTICE ACQUISITION REGULATION SYSTEM

Subpart 2801.1--Purpose, Authority, Issuance

Sec.
2801.101 Purpose.
2801.105 Issuance.
2801.105-2 Arrangement of regulation.
2801.106 OMB approval under the Paperwork Reduction Act.
Subpart 2801.3--Agency Acquisition Regulations
2801.304 Agency control and compliance procedures.
Subpart 2801.4--Deviations from the FAR and JAR
2801.403 Individual deviations.
2801.404 Class deviations.
2801.404-70 Requests for class deviations.
Subpart 2801.6--Career Development, Contracting Authority, and 
Responsibilities
2801.601 General.
2801.604 Contracting Officer's Representative (COR).

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2801.1--Purpose, Authority, Issuance


2801.101  Purpose.

    (a) The Justice Acquisition Regulation (JAR) provides agency 
guidance, in accordance with Federal Acquisition Regulation (FAR) 
1.301(a)(2), and establishes, in this chapter, procurement regulations 
that supplement the FAR, 48 Code of Federal Regulations (CFR) chapter 
1, and must be utilized conjunction with the FAR.
    (b)(1) The JAR contains Department of Justice (DOJ) policies that 
govern DOJ's acquisition process or otherwise control acquisition 
relationships between DOJ's contracting activities and contractors. The 
JAR contains--

[[Page 47119]]

    (i) Requirements of law;
    (ii) Deviations from the FAR requirements; and
    (iii) Policies that either have a significant effect beyond the 
internal procedures of DOJ or a significant cost or administrative 
impact on contractors or offerors.
    (2) Relevant internal DOJ policies, procedures, guidance, and 
information not meeting the criteria in paragraph (b)(1) of this 
section are issued by DOJ in other announcements, internal policies, 
procedures, or guidance.


2801.105  Issuance.


2801.105-2  Arrangement of regulation.

    The JAR is subdivided into parts, which correspond to FAR parts. 
The numbering system permits the discrete identification of every JAR 
paragraph. This numbering system permits immediate identification of 
each JAR part with coverage of the same subject matter and same 
numbering system as in the FAR. Supplementary material for which there 
is no counterpart in the FAR is identified by a numerical suffix of 70 
or higher in the final position of the reference number.
[GRAPHIC] [TIFF OMITTED] TR02AU22.000

2801.106  OMB approval under the Paperwork Reduction Act.

    The Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35) and the 
Office of Management and Budget's (OMB) implementing regulations at 5 
CFR part 1320, require that reporting and recordkeeping requirements 
affecting ten (10) or more members of the public be cleared by OMB. The 
OMB control number for the collection of information under this chapter 
is 1103-0018.

Subpart 2801.3--Agency Acquisition Regulations


2801.304  Agency control and compliance procedures.

    Pursuant to FAR 1.304, the Senior Procurement Executive (SPE) is 
responsible for ensuring that bureau acquisition guidance and 
directives do not restrain the flexibilities found in the FAR. For this 
reason, bureaus shall forward any bureau acquisition guidance to the 
SPE upon issuance. The SPE has the authority to revoke any guidance or 
directive considered restrictive of the regulations found in the FAR.

Subpart 2801.4--Deviations From the FAR and JAR


2801.403  Individual deviations.

    Individual deviations from the FAR or the JAR that affect only one 
contract action shall be approved by the Head of the Contracting 
Activity (HCA) or designee.


2801.404  Class deviations.

    Requests for class deviations from the FAR or JAR shall be 
submitted to the SPE. The SPE will consult with the chairperson of the 
Civilian Agency Acquisition Council (CAAC), as appropriate, and send 
his/her recommendations to the Chief Acquisition Officer (CAO). The CAO 
will grant or deny requests for such deviations. Requests for 
deviations involving basic ordering agreements, master type contracts, 
or situations where multiple awards are made from one solicitation are 
considered to involve more than one contract and, therefore, are 
considered class deviation requests.


2801.404-70  Requests for class deviations.

    Requests for approval of class deviations from the FAR or the JAR, 
for any solicitation that will result in multiple awards, shall be 
forwarded to the SPE. Such requests will be signed by the Bureau 
Procurement Chief (BPC).

Subpart 2801.6--Career Development, Contracting Authority, and 
Responsibilities


2801.601  General.

    (a) In accordance with Attorney General Order 1687-93, the 
authority vested in the Attorney General (AG) with respect to 
contractual actions for goods and services is delegated to the 
following officials to serve as HCAs:
    (1) Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives 
(ATF);
    (2) Director, Bureau of Prisons (BOP);
    (3) Administrator, Drug Enforcement Administration (DEA);
    (4) Director, Federal Bureau of Investigation (FBI);
    (5) Director, Federal Prison Industries (FPI/UNICOR);
    (6) Inspector General, Office of the Inspector General (OIG);
    (7) Assistant Attorney General, Office of Justice Programs (OJP);
    (8) Director, U.S. Marshals Service (USMS); and
    (9) Assistant Attorney General for Administration (AAG/A) (for the 
Offices, Boards, and Divisions).
    (b) The acquisition authority delegated to the officials in 
paragraph (a) of this section may be redelegated to subordinate 
officials as necessary for the efficient and proper administration of 
the Department's acquisition operations, unless otherwise prohibited by 
the FAR or JAR. Such redelegated authority shall expressly state 
whether it carries the power of redelegation of authority.


2801.604  Contracting Officer's Representative (COR).

    Contracting officers may appoint individuals to act as authorized 
representatives in the monitoring and administration of a contract. 
Such officials shall be designated as a Contracting Officer's 
Representative (COR). When a COR is to be designated, contracting 
officers shall include the clause at JAR 2852.201-70 in all contracts. 
A COR's authority is limited to the authority set forth in the subject 
clause.

PART 2802--DEFINITIONS OF WORDS AND TERMS

Subpart 2802.1--Definitions
Sec.
2802.101 Definitions.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2802.1--Definitions


2802.101  Definitions.

    Throughout this chapter, the following words and terms are used as 
defined in this subpart unless the context in which they appear clearly 
requires a different meaning, or a

[[Page 47120]]

different definition is prescribed for a particular part or portion of 
a part.
    (a) Agency means the Department of Justice.
    (b) Bureau means contracting activity. (See ``contracting 
activity'' in this subpart.)
    (c) Bureau Procurement Chief or BPC means the supervisory official 
who is directly responsible for supervising, managing, and directing 
all contracting offices of the bureau.
    (d) Cardholder means an individual entrusted with a Government 
Purchase Card.
    (e) Chief Acquisition Officer or CAO means the official appointed 
to assist the head of the agency and other agency officials to ensure 
the mission of the agency is achieved through the management of the 
agency's acquisition activities.
    (f) Chief of the Contracting Office means that supervisory official 
who is directly responsible for supervising, managing and directing a 
contracting office.
    (g) Contracting activity means a component within the Department 
which has been delegated procurement authority to manage contracting 
functions associated with its mission (see 2801.601(a)).
    (h) Department or DOJ means the Department of Justice.
    (i) Head of the Contracting Activity or HCA means those officials 
identified in 2801.601(a) having responsibility for supervising, 
managing, and directing the operations of the contracting activity.
    (j) JAR means the Department of Justice Acquisition Regulation in 
this chapter.
    (k) JMD means the Justice Management Division.
    (l) OIG means DOJ's Office of the Inspector General.
    (m) Suspension and Debarment Official or SDO means the employee 
designated to impose suspension and debarment for the Department of 
Justice.
    (n) Senior Procurement Executive or SPE means the official 
designated to be responsible for management direction of the Department 
of Justice procurement system, including implementation of unique 
procurement policies, regulations, and standards of the Department of 
Justice.

PART 2803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

Subpart 2803.1--Safeguards
Sec.
2803.101 Standards of conduct.
2803.101-3 Agency regulations.
2803.104 Procurement integrity.
2803.104-7 Violations or possible violations.
Subpart 2803.2--Contractor Gratuities to Government Personnel
2803.203 Reporting suspected violations of the Gratuities clause.
2803.204 Treatment of violations.
Subpart 2803.3--Reports of Suspected Antitrust Violations
2803.301 General.
Subpart 2803.4--Contingent Fees
2803.405 Misrepresentation or violations of the Covenant Against 
Contingent Fees.
Subpart 2803.8--Limitations on the Payment of Funds to Influence 
Federal Transactions
2803.806 Processing suspected violations.
Subpart 2803.9--Whistleblower Protections for Contractor Employees
2803.901 Definitions.
2803.905 Procedures for investigating complaints.
2803.906 Remedies.
2803.908 Pilot program for enhancement of contractor employee 
whistleblower protections.
2803.908-9 Contract clauses.
2803.908-70 Whistleblower Protection in General Non-Disclosure 
Agreement.
2803.908-71 Whistleblower Protection in New Intelligence Related 
Non-Disclosure Agreement.
Subpart 2803.10--Contractor Code of Business Ethics and Conduct
2803.1004 Contract clauses

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2803.1--Safeguards


2803.101  Standards of conduct.


2803.101-3  Agency regulations.

    The DOJ regulations governing Standards of Conduct are contained in 
5 CFR part 2635.


2803.104  Procurement integrity.


2803.104-7  Violations or possible violations.

    (a) Upon receipt of information regarding a violation or possible 
violation of 41 U.S.C. 2102, 2103, or 2104, the contracting officer 
must make the determination required by FAR 3.104-7(a) and follow the 
procedures prescribed therein.
    (1) Make the determination required by FAR 3.104-7(a) and follow 
the procedures prescribed therein.
    (2) [Reserved].
    (b) The individual referenced in FAR 3.104-7(a)(1) is the BPC.
    (c) The HCA or designee must follow the criteria contained in FAR 
3.104-7(g) when delegating authority under this subpart.
    (d) The HCA or designee shall refer information regarding actual or 
possible violations of section 41 U.S.C. 2102, 2103, or 2014 to the OIG 
or other office designated in Attorney General Order 1931-94.
    (e) If the HCA or designee, after receiving information relating to 
a violation, or possible violation, determines that award or extension 
of a contract potentially affected by the violation is justified by 
urgent and compelling circumstances, or is otherwise in the interest of 
the Government, then the HCA may authorize the contracting officer to 
award or extend the contract after notification to the OIG or other 
office designated in Attorney General Order 1931-94.
    (f) The HCA will advise the contracting officer as to the action to 
be taken. Criminal and civil penalties, and administrative remedies, 
may apply to conduct that violates 41 U.S.C. chapter 21, see FAR 3.104-
8.
    (g) The contracting officer shall advise the SPE in writing of all 
allegations of violations. The contracting officer must describe the 
alleged violation as well as actions taken.

Subpart 2803.2--Contractor Gratuities to Government Personnel


2803.203  Reporting suspected violations of the Gratuities clause.

    DOJ personnel shall report suspected violations of the gratuities 
clause, FAR 52.203-3, to the contracting officer or chief of the 
contracting office in writing. The report shall clearly state the 
circumstances surrounding the incident, including the nature of the 
gratuity, the time period in which it occurred, the behavior or action 
the gratuity was intended to influence, and the persons involved. The 
contracting officer or chief of the contracting office, after review, 
shall forward the report along with his or her recommendations 
regarding the treatment of the violation in accordance with FAR 
3.204(c) to the HCA, or designee.


2803.204  Treatment of violations.

    (a) The HCA or designee shall determine whether adverse action 
against the contractor in accordance with FAR 3.204(c) may be taken. In 
reaching a decision, the HCA or designee shall consult with the 
contracting activity's legal advisor and the OIG or other office 
designated in Attorney General Order 1931-94.
    (b) The SPE shall be advised of all instances where violations have 
been determined to have occurred and any action taken as a result.

[[Page 47121]]

    (c) Prior to taking any action against the contractor, the HCA or 
designee shall allow the contractor the opportunity to present opposing 
arguments in accordance with FAR 3.204(b).

Subpart 2803.3--Reports of Suspected Antitrust Violations


2803.301  General.

    DOJ personnel shall report suspected antitrust violations to the 
Attorney General (AG) through the Assistant Attorney General (AAG) for 
the Antitrust Division (ATR).
    (a) The report for the AG shall be addressed to: Attorney General, 
Attention: AAG/ATR, U.S. Department of Justice, 950 Pennsylvania Avenue 
NW, Washington, DC 20530.
    (b) The report shall include:
    (1) A brief statement describing the suspected practice and the 
reason for the suspicion; and
    (2) The name, address, and telephone number of an individual in the 
agency who can be contacted for further information.

Subpart 2803.4--Contingent Fees


2803.405  Misrepresentations or violations of the Covenant Against 
Contingent Fees.

    Employees who suspect, or have evidence of, violations by a 
contractor of the Covenant Against Contingent Fees, see FAR subpart 
3.4, must report the matter to the contracting officer or appropriate 
higher authority, in accordance with agency procedures. Employees who 
suspect or have evidence of fraudulent or criminal activities must 
report the matter to the SPE and the OIG.

Subpart 2803.8--Limitations on the Payment of Funds to Influence 
Federal Transactions


2803.806  Processing suspected violations.

    Evidence of suspected violations of 31 U.S.C. 1352, Limitation on 
the Use of Appropriated Funds to Influence Certain Federal Contracting 
and Financial Transactions, may be submitted in accordance with agency 
procedures to the SPE and the OIG or other office designated in 
Attorney General Order 1931-94.

Subpart 2803.9--Whistleblower Protections for Contractor Employees


2803.901  Definitions.

    As used in this subpart--
    Covered Individual is defined as an employee of a contractor at any 
tier required by the Department to sign a Non-Disclosure Agreement 
(NDA), whether the NDA is directly between the Covered Individual and 
the Department or between the Covered Individual and a contractor, and 
whether the NDA is required by a contract or otherwise (e.g., pursuant 
to a vendor demonstration, product trial, market research effort, or 
other non-contract efforts).
    General NDA means an NDA, other than an Intelligence-Related NDA, 
required by the Department to be signed by a Covered Individual.
    Intelligence-Related NDA means any NDA required by the Department 
to be signed by a Covered Individual who is connected with the conduct 
of an intelligence or intelligence-related activity.
    Non-Disclosure Agreement means any nondisclosure or confidentiality 
agreement, policy, or form, including the agreements in Standard Forms 
312 (Classified Information Nondisclosure Agreement) and 4414 
(Sensitive Compartmented Information Nondisclosure Agreement).


2803.905  Procedures for investigating complaints.

    (a) Upon receipt of a complaint filed pursuant to FAR 3.904, the 
Inspector General shall conduct an investigation and provide a written 
report of findings to the HCA, or designee.
    (b) The HCA or designee will ensure that the Inspector General 
provides the report of finding to the individuals and entities 
specified in FAR 3.905(c).
    (c) The complainant and contractor shall be afforded the 
opportunity to submit to the HCA or designee a written response to the 
report of findings within 30 days of receipt of the report. The HCA or 
designee may grant extensions of time to file a written response.
    (d) The HCA or designee may request that the Inspector General 
conduct additional investigative work on the complaint at any time.


2803.906  Remedies.

    (a) Upon determination that a contractor has subjected one of its 
employees to a reprisal for providing information as set forth in FAR 
3.906(a), the HCA or designee may take one or more actions specified in 
that section.
    (b) Whenever a contractor fails to comply with an order issued 
pursuant to FAR 3.906(a), the HCA or designee shall notify the Attorney 
General and request that DOJ file an action for enforcement of such 
order in the United States District Court.


2803.908  Enhancement of contractor employee whistleblower protections.


2803.908-9  Contract clauses.


2803.908-70  Whistleblower Protection in General Non-Disclosure 
Agreement.

    The contracting officer shall ensure that any General NDA that DOJ 
requires a Covered Individual to sign contains the required 
Whistleblower Protection Provision at JAR 2852.203-70.


2803.908-71  Whistleblower Protection in Intelligence-Related Non-
Disclosure Agreement.

    The contracting officer shall ensure that any Intelligence-Related 
NDA that DOJ requires a Covered Individual to sign contains the 
required Whistleblower Protection Provision at JAR 2852.203-71.

Subpart 2803.10--Contractor Code of Business Ethics and Conduct


2803.1004  Contract clauses.

    The information required to be inserted in the clause at FAR 
52.203-14, Display of Hotline Poster(s), is the following: Office of 
the Inspector General, Fraud Detection Office, Attn: Poster Request, 
U.S. Department of Justice, 950 Pennsylvania Avenue NW, Washington, DC 
20530.

PART 2804--ADMINISTRATIVE MATTERS

Subpart 2804.4--Safeguarding Classified Information Within Industry
Sec.
2804.402 General.
2804.402-70 Contractor personnel security program.

Subpart 2804.9--Taxpayer Identification Number Information

2804.901 Definitions.
2804.903 Reporting contract information to the IRS.
2804.903-70 Reporting contract information.
2804.903-71 Special reporting exceptions.

Subpart 2804.13--Personal Identity Verification

2804.1301 Policy.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2804.4--Safeguarding Classified Information Within Industry


2804.402  General.

    Classified acquisitions or contracts, which require access to 
classified material, as defined in FAR 4.402, for their performance 
shall be subject to the policies, procedures, and instructions 
contained in departmental regulations and shall be processed in a 
manner consistent with those regulations.

[[Page 47122]]

Contractors at all tiers are required to comply with all such policies, 
procedures, and instructions.


2804.402-70  Contractor personnel security program.

    It is DOJ policy that all acquisitions which allow unescorted 
contractor access to Government facilities or sensitive information 
contain, as appropriate, requirements for appropriate personnel 
security screening by the contractor. To the maximum extent 
practicable, contractors shall be made responsible for the performance 
of personnel security screening. The personnel security screening may 
vary from one acquisition to another, depending upon the type, context, 
duration and location of the work to be performed. Classified contracts 
are exempted from the requirements of this section because they are 
governed by the requirements of Executive Order 12829 (January 6, 
1993).

Subpart 2804.9--Taxpayer Identification Number Information


2804.901  Definitions.

    Classified contract, as used in this subpart, means a contract 
whose existence or subject matter has been designated and clearly 
marked or clearly represented, pursuant to the provisions of Federal 
law or an Executive order, as requiring protection against unauthorized 
disclosure for reasons of national security.
    Confidential contract, as used in this subpart, means a contract, 
the reporting of which to the Internal Revenue Service (IRS) as 
required under 26 U.S.C. 6050M, would interfere with the effective 
conduct of a confidential law enforcement activity, such as contracts 
for sites for undercover operations or contracts with informants, or 
foreign counterintelligence activity.


2804.903  Reporting contract information to IRS.


2804.903-70  Reporting contract information.

    (a) Pursuant to FAR 4.903, the HCA or designee shall certify to the 
SPE, in the format specified in this section, that such official has 
examined the information submitted by that bureau as its Federal 
Procurement Data System (FPDS) data, that the data has been prepared 
pursuant to the requirements of 26 U.S.C. 6050M, and that, to the best 
of such official's knowledge and belief, it is compiled from bureau 
records maintained in the normal course of business for the purpose of 
making a true, correct, and complete return as required by 26 U.S.C. 
6050M.
    (b) The following certification will be signed and dated by the HCA 
or designee and submitted with each bureau's annual FPDS report.

Certification
[GRAPHIC] [TIFF OMITTED] TR02AU22.001

    (c) The SPE will certify the consolidated FPDS data for the 
Department, transmit the data to the Federal Procurement Data Center 
(FPDC), and authorize the FPDC to make returns to the IRS on behalf of 
the agency.


2804.903-71  Special reporting exceptions.

    (a) The Technical and Miscellaneous Revenue Act of 1988, Public Law 
100-647, amended 26 U.S.C. 6050M to allow exceptions to the reporting 
requirements for certain classified or confidential contracts.
    (b) The head of the agency has determined that the filing of 
information returns, as required by 26 U.S.C. 6050M, on confidential 
contracts, which involve law enforcement or foreign counterintelligence 
activities, would interfere with the effective conduct of those 
confidential law enforcement or foreign counterintelligence activities, 
and that the special reporting exceptions added to 26 U.S.C. 6050M by 
the Technical and Miscellaneous Revenue Act of 1988 apply to these 
types of contracts.

SUBCHAPTER B--COMPETITION AND ACQUISITION PLANNING

PART 2805--PUBLICIZING CONTRACT ACTIONS

Subpart 2805.2--Synopses of Proposed Contract Actions
Sec.
2805.202 Exceptions.
Subpart 2805.4--Release of Information
2805.403 Requests from Members of Congress.
2805.404 Release of long-range acquisition estimates.
2805.404-1 Release procedures.
Subpart 2805.5--Paid Advertisements
2805.502 Authority.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2805.2--Synopses of Proposed Contract Actions


2805.202  Exceptions.

    The HCA or designee is the agency head for the purposes of the 
determination required by FAR 5.202(b).

Subpart 2805.4--Release of Information


2805.403  Requests from Members of Congress.

    The SPE is the agency head for the purposes of FAR 5.403.


2805.404  Release of long-range acquisition estimates.


2805.404-1  Release procedures.

    The SPE is the agency head for the purposes of FAR 5.404-1(a) and 
(b).

Subpart 2805.5--Paid Advertisements

    This subpart provides policies and procedures for the procurement 
of paid advertising as covered by 44 U.S.C. 3702 and 3703 and 5 U.S.C. 
302(b).

[[Page 47123]]

2805.502  Authority.

    (a) The HCA or designee is the agency head for approving the 
publication of paid advertisements in newspapers under FAR 5.502(a).
    (b) Authority to place advertisements in media other than 
newspapers must be granted in writing in advance by the HCA, or 
designee. No advertisement, notice, or proposal should be published 
prior to receipt of advance written approval for such publication by 
the HCA or designee, and no voucher or invoice for any such 
advertisement or publication will be paid unless there is presented, 
with the voucher or invoice, a copy of the written approval. Approval 
shall not be granted retroactively.

PART 2806--COMPETITION REQUIREMENTS

Subpart 2806.2--Full and Open Competition After Exclusion of Sources
Sec.
2806.202 Establishing or maintaining alternative sources.
Subpart 2806.3--Other Than Full and Open Competition
2806.304 Approval of the justification.
Subpart 2806.5--Advocates for Competition
2806.501 Requirement.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2806.2--Full and Open Competition After Exclusion of 
Sources


2806.202  Establishing or maintaining alternative sources.

    The HCA or designee is the agency head for the purposes of FAR 
6.202.

Subpart 2806.3--Other Than Full and Open Competition


2806.304  Approval of the justification.

    (a) Justifications for contract actions over the contracting 
officer's approval dollar threshold shall be submitted to the BPC for 
concurrence before being forwarded to the bureau Competition Advocate 
for approval.
    (b) Justifications requiring approval by the HCA, or a designee, 
shall be submitted to the {i{time}  BPC and {ii{time}  bureau 
Competition Advocate for concurrence before being forwarded to the HCA 
or designee.
    (c) Justifications requiring approval by the SPE shall be submitted 
to the {i{time}  BPC, {ii{time}  the bureau Competition Advocate, and 
{iii{time}  the HCA for concurrence before being forwarded to the SPE 
for approval.
    (d) A class justification shall be approved in accordance with 
established bureau procedures and FAR 6.304(c).

Subpart 2806.5--Advocates for Competition


2806.501  Requirement.

    (a) The Director, Office of Acquisition Management (OAM), Justice 
Management Division (JMD), is designated as the DOJ Competition 
Advocate.
    (b) The HCA or designee for each bureau will appoint an official to 
be the bureau Competition Advocate. The bureau Competition Advocate 
shall be vested with the overall responsibility for competition 
activities within his or her bureau. The delegated bureau Competition 
Advocate must be at or above the level of the BPC organizationally.

PART 2807--ACQUISITION PLANNING

Subpart 2807.1--Acquisition Plans
Sec.
2807.103 Agency-head responsibilities.
2807.104 General procedures.
2807.104-70 Bundled requirements.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2807.1--Acquisition Plans


2807.103  Agency-head responsibilities.

    (a) The HCA is the agency head's designee for the purposes of FAR 
7.103.
    (b) The CAO may establish acquisition planning criteria and dollar 
approval thresholds for those bureaus that:
    (1) Fail to allow ample time for conducting competitive 
acquisitions;
    (2) Develop a pattern of awarding urgent requirements that 
generally restrict competition;
    (3) Fail to identify identical or like requirements that, where 
appropriate, can be combined under one solicitation, and thereby miss 
opportunities to obtain lower costs through volume purchasing, reduced 
administrative costs in processing one contract action versus multiple 
actions, and standardizing goods and services.


2807.104  General procedures.


2807.104-70  Bundled requirements.

    In the case of bundled requirements, as defined in FAR 7.104(d)(2) 
and 7.107, the contracting officer shall consult with the bureau Small 
Business Technical Advisor (SBTA). After receiving concurrence from the 
bureau SBTA, the contracting officer will provide a copy of the 
proposed acquisition package to the Small Business Administration (SBA) 
Procurement Center Representative (PCR) and a copy to the DOJ Director, 
Office of Small Disadvantaged Business Unit (OSDBU), at least 30 days 
prior to the solicitation issuance. The SBA PCR is required to make any 
alternative recommendations to the contracting officer within 15 days 
after receipt of the package. If the SBA does not respond in this 
timeframe, the contracting officer may proceed as planned with the 
procurement.

PART 2808--REQUIRED SOURCES OF SUPPLIES AND SERVICES

Subpart 2808.4--Federal Supply Schedules
Sec.
2808.405 Ordering procedures for Federal Supply Schedules.
2808.405-3 Blanket purchase agreements (BPAs).
Subpart 2808.6--Acquisition from Federal Prison Industries, Inc.
2808.605 Exceptions.
2808.605-70 Clearances.
Subpart 2808.8--Acquisition of Printing and Related Supplies
2808.802 Policy.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2808.4--Federal Supply Schedules


2808.405  Ordering procedures for Federal Supply Schedules.


2808.405-3  Blanket purchase agreements (BPAs).

    The SPE is the agency head for purposes of FAR 8.405-3(a)(3)(ii).

Subpart 2808.6--Acquisition from Federal Prison Industries, Inc.


2808.605  Exceptions.


2808.605-70  Clearances.

    Include the Federal Prison Industries (FPI) clearance numbers in 
solicitations and award documents.

Subpart 2808.8--Acquisition of Printing and Related Supplies


2808.802  Policy.

    The Director, Facilities and Administrative Services Staff (FASS), 
JMD, has been designated to serve as the central printing authority for 
the DOJ, for purposes of FAR 8.802(b).

PART 2809--CONTRACTOR QUALIFICATIONS

Subpart 2809.2--Qualifications Requirements
Sec.
2809.202 Policy.
Subpart 2809.4--Debarment, Suspension, and Ineligibility
2809.402 Policy.

[[Page 47124]]

2809.404 System for Award Management Exclusions.
2809.405 Effect of listing.
2809.405-1 Continuation of current contracts.
2809.405-2 Restrictions on subcontracting.
Subpart 2809.5--Organizational and Consultant Conflicts of Interest
2809.503 Waiver.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2809.2--Qualifications Requirements


2809.202  Policy.

    The HCA or designee is the agency head for the purposes of FAR 
9.202(a)(1).

Subpart 2809.4--Debarment, Suspension, and Ineligibility


2809.402  Policy.

    (a) The SPE is the agency head for purposes of suspension and 
debarment under FAR subpart 9.4, and serves as the Suspension and 
Debarment Official (SDO) for both procurement and non-procurement 
matters.
    (b) Contracting activities shall consider recommending suspension 
or debarment of a contractor when cause is shown as listed under FAR 
9.406-2 and 9.407-2.
    (1) If a determination is made that available facts do not justify 
debarment or suspension, the file should be documented accordingly and 
no additional action is required.
    (2) If the decision is made to recommend suspension or debarment of 
a contractor, in coordination with the activity's BPC and legal 
counsel, the bureau shall submit a memorandum to the SDO containing all 
relevant facts and analysis on which the recommendation is based. The 
submission also should include copies of all relevant documents.


2809.404  System for Award Management Exclusions.

    (a) The SDO shall ensure the discharge of all agency 
responsibilities prescribed in FAR 9.404(c)(1) through (6), (8), and 
(9).
    (b) The authority to establish procedures prescribed in FAR 
9.404(c)(7) is delegated to the HCA, or designee.


2809.405  Effect of listing.

    The HCA or designee is the agency head for the purposes of FAR 
9.405.


2809.405-1  Continuation of current contracts.

    The HCA or designee is the agency head for the purposes of FAR 
9.405-1.


2809.405-2  Restrictions on subcontracting.

    The HCA or designee is the agency head for the purposes of FAR 
9.405-2.

Subpart 2809.5--Organizational and Consultant Conflicts of Interest


2809.503  Waiver.

    The HCA is the agency head for the purpose of waiving any general 
rule or procedure prescribed in FAR subpart 9.5. As prescribed in FAR 
9.503, the authority delegated to the HCA to waive any general rule or 
procedure prescribed in FAR subpart 9.5 may not be delegated below the 
level of the HCA.

PART 2810--MARKET RESEARCH

Sec.
2810.002 Procedures.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).


2810.002  Procedures.

    (a) Market research must be conducted in accordance with DOJ 
sustainability policies and procedures in order to determine whether 
there are any sustainable acquisition standards applicable to the 
desired product or service.
    (b) Ensure the statement of work includes sustainability 
requirements in accordance with JAR 2823.103, when applicable.

PART 2811--DESCRIBING AGENCY NEEDS

Sec.
2811.002 Policy.
Subpart 2811.1--Selecting and Developing Requirements Documents
2811.103 Market acceptance.
Subpart 2811.5--Liquidated Damages
2811.501 Policy.
Subpart 2811.6--Priorities and Allocations
2811.603 Procedures.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

PART 2811--DESCRIBING AGENCY NEEDS


2811.002  Policy.

    (a) Consistent with the policy expressed in FAR 11.002(b), the 
metric system is the preferred system of weights and measures and shall 
be used in DOJ solicitations and contracts.
    (b) When acquiring products or services, the requirements of FAR 
11.002(d)(1) and DOJ sustainability policies and procedures are to be 
followed.

Subpart 2811.1--Selecting and Developing Requirements Documents


2811.103  Market acceptance.

    The HCA is the agency head for the purposes of FAR 11.103(a).

Subpart 2811.5--Liquidated Damages


2811.501  Policy.

    The HCA or designee is the agency head for the purposes of FAR 
11.501(d).

Subpart 2811.6--Priorities and Allocations


2811.603  Procedures.

    The HCA or designee is the agency head for the purposes of FAR 
11.603.

PART 2812--ACQUISITION OF COMMERCIAL ITEMS

Subpart 2812.3--Solicitation Provisions and Contract Clauses for the 
Acquisition of Commercial Items
Sec.
2812.301 Solicitation provisions and contract clauses for the 
acquisition of commercial items.
2812.302 Tailoring of provisions and clauses for the acquisition of 
commercial items.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2812.3--Solicitation Provisions and Contract Clauses for 
the Acquisition of Commercial Items


2812.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    Contracting officers shall include the provisions and clauses at 
JAR 2852.212-4 in all solicitations and contracts for the acquisition 
of commercial items that require FAR 52.212-4, Contract Terms and 
Conditions--Commercial Items.


2812.302  Tailoring of provisions and clauses for the acquisition of 
commercial items.

    The HCA, or designee at a level at or above the BPC, is authorized 
to approve the contracting officer's request for waiver for an 
individual contract action submitted under FAR 12.302(c). The SPE is 
authorized to approve the contracting officer's request for wavier for 
a class of contracts submitted under FAR 12.302(c).

SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES

PART 2813--SIMPLIFIED ACQUISITION PROCEDURES

Subpart 2813.2--Actions at or Below the Micro-Purchase Threshold
Sec.
2813.201 General.

[[Page 47125]]

Subpart 2813.3--Simplified Acquisition Methods
2813.305 Imprest funds and third party drafts.
2813.307 Forms.
Subpart 2813.4--Fast Payment Procedure
2813.401 General.
Subpart 2813.70--Certified Invoice Procedure
2813.70-1 Policy.
2813.70-2 Procedures.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

Subpart 2813.2--Actions at or Below the Micro-Purchase Threshold


2813.201  General.

    The SPE is the agency head for the purposes of FAR 13.201(g)(1).

Subpart 2813.3--Simplified Acquisition Methods


2813.305  Imprest funds and third party drafts.

    The HCA or designee is the agency head for the purposes of FAR 
13.305-3(a).


2813.307  Forms.

    Bureaus may use order forms other than the Standard Forms (SF) and 
Optional Forms (OF) identified in FAR 13.307. They may also include on 
those forms clauses suitable for the specific purchase, including 
tailored clauses, provided that proper procedures and all relevant 
limitations, documentation instructions, and required maintenance are 
followed.

Subpart 2813.4--Fast Payment Procedure


2813.401  General.

    DOJ contracting activities are authorized to use the fast payment 
procedures prescribed in FAR subpart 13.4 solely for utility service 
payments.

Subpart 2813.70--Certified Invoice Procedure


2813.70-1  Policy.

    Supplies or services may be acquired on the open market from local 
suppliers at the site of the work or usage point. Using the vendor's 
invoice, instead of issuing a Government purchase order, is authorized 
under the certified invoice procedure. Certified invoice procedures may 
not be used to place orders under established contracts.


2813.70-2  Procedures.

    (a) The certified invoice procedure for purchases may be used only 
under FAR part 13 and this part, subject to the following:
    (1) The individual transaction amount does not exceed the micro-
purchase threshold;
    (2) Availability of sufficient funds is verified;
    (3) A purchase order is not required by either the supplier or the 
Government;
    (4) The vendor submits approved and appropriate invoices; and,
    (5) The items purchased are domestic source end products, except as 
provided in FAR subpart 25.1.
    (b) Using the certified invoice procedures does not eliminate the 
requirements in FAR part 13 that apply to purchases at or below the 
micro-purchase threshold.
    (c) The chief of the contracting office, as defined in JAR 
2802.101, may delegate the authority to use the certified invoice 
procedure. Each delegation must specify any limitations 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 being 
procured.
    (d) Individuals using this purchasing technique shall require the 
supplier to immediately submit properly prepared invoices that itemize 
property or services furnished. Upon receiving the invoice, the 
individual making the purchase shall annotate the invoice with the date 
of receipt, verify the accuracy of the invoiced amount and verify on 
the invoice that the supplies and/or services have been received and 
accepted. If the invoice is valid and correct, the individual making 
the purchase shall sign the invoice indicating acceptance and 
immediately forward it to the appropriate administrative office.
    (e) The administrative office must approve the invoice and, if 
approved, forward it to the Finance Office for payment. Before 
forwarding the invoice to the Finance Office, the administrative office 
shall place the following statement on the invoice, along with the 
accounting and appropriation data:
[GRAPHIC] [TIFF OMITTED] TR02AU22.002

PART 2814--SEALED BIDDING

Subpart 2814.4--Opening of Bids and Award of Contract
Sec.
2814.404 Rejection of bids.
2814.404-1 Cancellation of invitations after opening.
2814.407 Mistakes in bids.
2814.407-3 Other mistakes disclosed before award.
2814.407-4 Mistakes after awards.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2814.4--Opening of Bids and Award of Contract


2814.404  Rejection of bids.


2814.404-1  Cancellation of invitations after opening.

    The HCA or designee is the agency head for the purposes of FAR 
14.404-1(c), (e)(1), and (f).


2814.407  Mistakes in bids.


2814.407-3  Other mistakes disclosed before award.

    (a) The authority to make determinations under paragraphs (a), (b), 
(c), and (d) of FAR 14.407-3 is delegated to the HCA, or designee at a 
level at or above the chief of the contracting office. The HCA or 
designee shall seek the advice of legal counsel before making any 
determinations.
    (b) The following procedures shall be followed when submitting 
cases of

[[Page 47126]]

mistakes in bids to the Comptroller General for an advance decision.
    (1) Requests for advance decisions submitted to the Comptroller 
General in cases of mistakes in bids shall be made by the HCA, or 
designee.
    (2) Requests for advance decisions shall be in writing, dated, 
signed by the requestor, addressed to the Comptroller General of the 
United States, General Accounting Office, Washington, DC 20548, and 
contain the following:
    (i) The name and address of the party requesting the decision;
    (ii) A statement of the question to be decided, a presentation of 
all relevant facts, and a statement of the requesting party's position 
with respect to the question; and,
    (iii) Copies of all pertinent records and supporting documentation.


2814.407-4  Mistakes after award.

    The authority to make determinations under FAR 14.407-4 is 
delegated to the HCA. The HCA may re-delegate this authority at a level 
at or above the chief of the contracting office. The determination must 
be coordinated with the contracting activity's legal counsel.

PART 2815--CONTRACTING BY NEGOTIATION

Subpart 2815.2--Solicitation and Receipt of Proposals and Information
Sec.
2815.204 Contract format.
Subpart 2815.3--Source Selection
2815.303 Responsibilities.
Subpart 2815.4--Contract Pricing
2815.404 Proposal analysis.
2815.404-2 Data to support proposal analysis.
Subpart 2815.6--Unsolicited Proposals
2815.604 Agency points of contact.
2815.605 Content of unsolicited proposals.
2815.606 Agency procedures.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

Subpart 2815.2--Solicitation and Receipt of Proposals and 
Information


2815.204  Contract format.

    The HCA or designee is the agency head for the purposes of FAR 
15.204(e).

Subpart 2815.3--Source Selection


2815.303  Responsibilities.

    The HCA or designee is the agency head for the purposes of FAR 
15.303(a).

Subpart 2815.4--Contract Pricing


2815.404  Proposal analysis.


2815.404-2  Data to support proposal analysis.

    All requests for field pricing support shall be made by the 
contracting officer directly to the cognizant audit agency. In 
accordance with Attorney General Order 1931-94, a copy of the request 
for such services shall be sent to the OIG at the time it is mailed to 
the cognizant audit agency. A copy of each report received shall also 
be sent to the OIG. Requests for other audit assistance may be made to 
the Assistant Inspector General for Audits.

Subpart 2815.6--Unsolicited Proposals


2815.604  Agency points of contact.

    Each contracting activity shall designate a point of contact for 
the receipt and handling of unsolicited proposals. Generally, the 
official designated shall be the BPC or immediate subordinate.


2815.605  Content of unsolicited proposals.

    To ensure against contracts between DOJ and prospective offers that 
would exceed the limits of advance guidance set forth in FAR 15.604 and 
potentially result in an unfair advantage to an offeror, the offeror of 
an unsolicited proposal must include the following warranty in any 
unsolicited proposal. Contracting officers receiving an unsolicited 
proposal without this warranty shall not process the proposal until the 
offeror is notified and given an opportunity to submit a proper 
warranty. If no warranty is provided in a reasonable time, the 
contracting officer shall reject the unsolicited proposal and notify 
the offeror of the rejection and the reason therefore. The warranty 
must be signed by a responsible management official of the proposing 
organization authorized to contractually obligate the organization.


UNSOLICITED PROPOSAL

WARRANTY BY OFFEROR

    This is to warrant that--
    (a) This proposal has not been prepared under Government 
supervision;
    (b) The methods and approaches stated in the proposal were 
developed by this offeror;
    (c) Any contact with DOJ personnel has been with the limits of 
appropriate advance guidance set forth in FAR 15.604; and,
    (d) No prior commitments were received from DOJ personnel regarding 
acceptance of this proposal.

Date:------------------------------------------------------------------

Organization:----------------------------------------------------------

Name:------------------------------------------------------------------

Title:-----------------------------------------------------------------

2815.606  Agency procedures.

    The designated point of contact for each contracting activity shall 
provide for and coordinate receipt, review, evaluation, safeguarding, 
and final disposition of unsolicited proposals in accordance with FAR 
subpart 15.6.

PART 2816--TYPES OF CONTRACTS

Subpart 2816.2--Fixed-Price Contracts
Sec.
2816.207 Firm-fixed-price, level-of-effort term contracts.
2816.207-3 Limitations.
Subpart 2816.5--Indefinite-Delivery Contracts
2816.505 Ordering.
Subpart 2816.6--Time-and-Materials, Labor-Hour, and Letter Contracts
2816.601 Time-and-materials contracts.
2816.602 Labor-hour contracts.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
28 CFR 0.76(j).

Subpart 2816.2--Fixed-Price Contracts


2816.207  Firm-fixed-price, level-of-effort term contracts.


2816.207-3  Limitations.

    The BPC or designee is the chief of the contracting office for the 
purposes of FAR 16.207-3(d).

Subpart 2816.5--Indefinite-Delivery Contracts


2816.505  Ordering.

    (a) Justifications for exceptions to the fair opportunity process 
specified in FAR 16.505(b)(2) shall be approved in accordance with JAR 
2806.304.
    (b) In accordance with FAR 16.505(b)(8), the DOJ task order and 
delivery order ombudsman is the DOJ Competition Advocate.
    (c) HCAs shall designate a bureau task order and delivery order 
ombudsman. This person may be the bureau Competition Advocate.
    (d) Bureau ombudsmen shall review and resolve complaints from 
contractors concerning task or delivery orders placed by the bureau.
    (e) Contractors not satisfied with the resolution of a complaint by 
a bureau ombudsman may request the DOJ ombudsman to review the 
complaint.

[[Page 47127]]

Subpart 2816.6--Time-and-Materials, Labor-Hour, and Letter 
Contracts


2816.601  Time-and-materials contracts.

    The BPC, or designee at a level at or above the chief of the 
contracting office, is the agency official authorized to approve a 
determination and finding prescribed in FAR 16.601(d)(1)(ii).


2816.602  Labor-hour contracts.

    The limitations set forth in 2816.601 for time-and-materials 
contracts also applies to labor hour contracts.

PART 2817--SPECIAL CONTRACTING METHODS

Subpart 2817.1--Multiyear Contracting
Sec.
2817.104 General.
Subpart 2817.2--Options
2817.204 Contracts.
Subpart 2817.6--Management and Operating Contracts
2817.602 Policy.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j); and 
28 CFR 0.76(j).

Subpart 2817.1--Multiyear Contracting


2817.104  General.

    The SPE is the agency head for the purposes of FAR 17.104(b).

Subpart 2817.2--Options


2817.204  Contracts.

    Deviation requests to exceed the 5-year limitations specified in 
FAR 17.204(e) require advance approval from--
    (a) The HCA or designee for individual contracts; and
    (b) The SPE for classes of contracts.

Subpart 2817.6--Management and Operating Contracts


2817.602  Policy.

    The HCA or designee is the agency head for the purposes of FAR 
17.602(a).

SUBCHAPTER D--SOCIOECONOMIC PROGRAMS

PART 2819--SMALL BUSINESS PROGRAMS

Subpart 2819.5--Set-Asides for Small Business
Sec.
2819.505 Rejecting Small Business Administration recommendations.
Subpart 2819.8--Contracting With the Small Business Administration (the 
8(a) Program)
2819.810 SBA appeals.
2819.812 Contract administration.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2819.5--Set-Asides for Small Business


2819.505  Rejecting Small Business Administration recommendations.

    The SPE is the agency head for the purposes of FAR 19.505.

Subpart 2819.8--Contracting With the Small Business Administration 
(the 8(a) Program)


2819.810  SBA appeals.

    The SPE is the agency head for the purposes of FAR 19.810(c).


2819.812  Contract administration.

    The HCA or designee is the agency head for the purposes of FAR 
19.812(d).

PART 2822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

Subpart 2822.1--Basic Labor Policies
Sec.
2822.101 Labor relations.
2822.101-70 Domestic violence, sexual assault, and stalking.
2822.101-3 Reporting labor disputes.
2822.103 Overtime.
2822.103-4 Approvals.
Subpart 2822.3--Contract Work Hours and Safety Standards Act
2822.302 Liquidated damages and overtime pay.
Subpart 2822.4--Labor Standards for Contracts Involving Construction
2822.406 Administration and enforcement.
2822.406-8 Investigations.
2822.406-12 Cooperation with the Department of Labor.
Subpart 2822.6--Contracts for Materials, Supplies, Articles, and 
Equipment Exceeding $15,000
2822.604 Exemptions.
2822.604-2 Regulatory exemptions.
Subpart 2822.8--Equal Employment Opportunity
2822.803 Responsibilities.
2822.807 Exemptions.
2822.807-70 Cooperation in equal employment opportunity 
investigations.
Subpart 2822.13--Equal Opportunity for Veterans
2822.1305 Waivers.
2822.1310 Solicitation provisions and contract clauses.
Subpart 2822.14--Employment of Workers With Disabilities
2822.1403 Waivers.
2822.1408 Contract clause.
Subpart 2822.15--Prohibition of Acquisition of Products Produced by 
Forced or Indentured Child Labor
2822.1503 Procedures for acquiring end products on the List of 
Products Requiring Contractor Certification as to Forced or 
Indentured Child Labor.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2822.1--Basic Labor Policies


2822.101  Labor relations.


2822.101-70  Domestic violence, sexual assault, and stalking.

    Contracting officers shall insert the clause, JAR 2852.222-70 
Domestic Violence, Sexual Assault, and Stalking, in every written 
solicitation when services will be performed in whole or in part on DOJ 
premises.


2822.103  Overtime.


2822.103-4  Approvals.

    During contract performance, contractor requests for overtime 
exceeding the amount authorized in paragraph (a) of the clause at FAR 
52.222-2, Payment for Overtime Premiums, must be approved at a level 
above the contracting officer. Such approval should be reflected by the 
signature of the approving official on the contracting officer's 
written determination made in accordance with FAR 22.103-4.

Subpart 2822.3--Contract Work Hours and Safety Standards Act


2822.302  Liquidated damages and overtime pay.

    The authority to make the determination prescribed in FAR 22.302(c) 
is delegated to the HCA, or designee.

Subpart 2822.4--Labor Standards for Contracts Involving 
Construction


2822.406  Administration and enforcement.


2822.406-8  Investigations.

    The contracting officer shall prepare and forward reports of 
violations under FAR 22.406-8(d)(1) to the HCA or designee at a level 
at or above the BPC. That official shall be responsible for processing 
the report in accordance with FAR 22.406-8(d)(2).


2822.406-12  Cooperation with the Department of Labor.

    Any information furnished to the Department of Labor, as required 
by FAR 22.406-12(a), shall be submitted through the HCA, or designee.

Subpart 2822.6--Contracts for Materials, Supplies, Articles, and 
Equipment Exceeding $15,000


2822.604  Exemptions.


2822.604-2  Regulatory exemptions.

    The SPE is the agency head for the purposes of FAR 22.604-2(b)(1).

[[Page 47128]]

Subpart 2822.8--Equal Employment Opportunity


2822.803  Responsibilities.

    The SPE is the agency head for the purposes of FAR 22.803(c).


2822.807  Exemptions.

    The SPE is the agency head for the purposes of FAR 22.807(a)(1).


2822.807-70  Cooperation in equal employment opportunity 
investigations.

    The contracting officer shall insert the clause at FAR 52.222-70, 
Contractor Cooperation in Equal Employment Opportunity Investigations, 
in solicitations, contracts, and orders that include the clause at FAR 
52.222-26, Equal Opportunity.

Subpart 2822.13--Equal Opportunity for Veterans


2822.1305  Waivers.

    All requests for waiver of the terms of FAR 52.222-35 pursuant to 
FAR 22.1310(a)(1)(ii) or (a)(2) shall be forwarded from the HCA or 
designee to OAM, JMD, for review and approval by the AG.


2822.1310  Solicitation provisions and contract clauses.

    The SPE is the agency head for the purposes of FAR 
22.1310(a)(1)(ii) and (a)(2).

Subpart 2822.14--Employment of Workers With Disabilities


2822.1403  Waivers.

    The SPE is the agency head for the purposes of FAR 22.1403(b).


2822.1408  Contract clause.

    The SPE is the agency head for the purposes of FAR 22.1408(a)(2).

Subpart 2822.15--Prohibition of Acquisition of Products Produced by 
Forced or Indentured Child Labor


2822.1503  Procedures for acquiring end products on the List of 
Products Requiring Contractor Certification as to Forced or Indentured 
Child Labor.

    The contracting officer shall refer to the DOJ Inspector General 
for investigation, under FAR 22.1503(e), any matters relating to that 
section.

PART 2823--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

Subpart 2823.2--Energy and Water Efficiency and Renewable Energy
Sec.
2823.204 Procurement exemptions.
Subpart 2823.3--Hazardous Material Identification and Material Safety 
Data
2823.303 Contract clause.
2823.303-70 Unsafe conditions due to hazardous material.
Subpart 2823.4--Use of Recovered Materials and Biobased Products
2823.404 Agency affirmative procurement programs.
2823.404-70 Affirmative procurement program for recycled materials.
2823.405 Procedures.
Subpart 2823.7--Contracting for Environmentally Preferable Products and 
Services
2823.704 Electronic products environmental assessment tool.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2823.2--Energy and Water Efficiency and Renewable Energy


2823.204  Procurement exemptions.

    The HCA or designee is the agency head for the purposes of 
executing the written determination not to purchase ENERGY STAR[supreg] 
or Federal Energy Management Program (FEMP)-designated products.

Subpart 2823.3--Hazardous Material Identification and Material 
Safety Data


2823.303  Contract clause.


2823.303-70  Unsafe conditions due to hazardous material.

    The clause at FAR 52.223-3 shall be included in solicitations and 
contracts that will require delivery of hazardous material as defined 
in FAR 23.301. In addition, the contracting officer shall insert the 
clause at JAR 2852.223-70, Unsafe Conditions Due to the Presence of 
Hazardous Material, in all such solicitations and contracts, where the 
contract will require the performance of services on Government-owned 
or Government-leased facilities.

Subpart 2823.4--Use of Recovered Materials and Biobased Products


2823.404  Agency affirmative procurement programs.


2823.404-70  Affirmative procurement program for recycled materials.

    (a) Recovered materials preference program. Preference will be 
given to procuring and using products containing recovered materials 
rather than products made with virgin materials when adequate 
competition exists, and when price, performance, and availability are 
equal.
    (b) Promotion program. The Department of Justice Environmental 
Executive (DOJEE) has primary responsibility for actively promoting the 
acquisition of products containing recycled materials throughout DOJ. 
Technical and procurement personnel will cooperate with the DOJEE to 
actively promote DOJ's Affirmative Procurement Program.
    (c) Procedures for vendor estimation, verification, and 
certification--(1) Estimation. The contractor shall provide estimates 
of the total percentage(s) of recovered materials for Environmental 
Protection Agency (EPA) designated items used in products or services 
provided.
    (2) Certification. Contracting officers shall provide copies of all 
vendor and subcontractor certifications required by FAR 23.404 to the 
DOJEE.
    (3) Verification. The DOJEE is responsible for periodically 
reviewing vendor certification documents and waivers as part of the 
annual review and monitoring process to determine if DOJ is in 
compliance with EOs 13101 and 13693 and any subsequent amendments.


2823.405  Procedures.

    The contracting officer is the approving official for 
justifications made pursuant to FAR 23.405(b)(2).

Subpart 2823.7--Contracting for Environmentally Preferable Products 
and Services


2823.704  Electronic products environmental assessment tool.

    The HCA or designee is the agency head for the purposes of 
executing the written determination not to purchase EPEAT[supreg]-
registered products.

PART 2825--FOREIGN ACQUISITION

Subpart 2825.1--Buy American--Supplies
Sec.
2825.103 Exceptions.
2825.105 Determining reasonableness of cost.
Subpart 2825.2--Buy American--Construction Materials
2825.202 Exceptions.
2825.204 Evaluating offers of foreign construction material.
2825.206 Noncompliance.
Subpart 2825.10--Additional Foreign Acquisition Regulations
2825.1001 Waiver of right to examination of records.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2825.1--Buy American--Supplies


2825.103  Exceptions.

    The authority to make the determination prescribed in FAR

[[Page 47129]]

25.103(a) is delegated to the HCA, or designee.


2825.105  Determining reasonableness of cost.

    The authority to make the determinations prescribed in FAR 
25.105(a)(1) is delegated to the HCA, or designee.

Subpart 2825.2--Buy American--Construction Materials


2825.202  Exceptions.

    The authority to make the determinations prescribed in FAR 
25.202(a)(1) is delegated to the HCA, or designee.


2825.204  Evaluating offers of foreign construction material.

    The HCA, or designee at a level at or above the BPC, is the agency 
official authorized to make the determination in accordance with FAR 
25.204(b) that using a particular domestic construction material would 
unreasonably increase the cost of the acquisition or would be 
impracticable.


2825.206  Noncompliance.

    Potentially fraudulent noncompliance under FAR 25.206(c)(4) shall 
be referred to the OIG for investigation.

Subpart 2825.10--Additional Foreign Acquisition Regulations


2825.1001  Waiver of right to examination of records.

    The HCA, or designee at a level at or above the BPC, is the agency 
official authorized to make determinations under FAR 
25.1001(a)(2)(iii).

SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS

PART 2827--PATENTS, DATA, AND COPYRIGHTS

Subpart 2827.3--Patent Rights Under Government Contracts
2827.303 Contract clauses.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2827.3--Patent Rights Under Government Contracts


2827.303  Contract clauses.

    The SPE is the agency head for the purposes of FAR 27.303(e)(4).

PART 2828--BONDS AND INSURANCE

Subpart 2828.1--Bonds and Other Financial Protections
Sec.
2828.101 Bid guarantees.
2828.101-1 Policy on use.
2828.106 Administration.
2828.106-6 Furnishing information.
Subpart 2828.2--Sureties and Other Security for Bonds
2828.203 Acceptability of individual sureties.
2828.203-7 Exclusion of individual sureties.
2828.204 Alternatives in lieu of corporate or individual sureties.
Subpart 2828.3--Insurance
2828.307 Insurance under cost-reimbursements contracts.
2828.307-1 Group insurance plans.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2828.1--Bonds and Other Financial Protections


2828.101  Bid guarantees.


2828.101-1  Policy on use.

    The HCA or designee is the agency head for the purposes of 
authorizing class waivers in accordance with FAR 28.101-1(c).


2828.106  Administration.


2828.106-6  Furnishing information.

    In accordance with FAR 28.106-6(c), the HCA, or designee at a level 
at or above the BPC, is the agency official authorized to furnish the 
certified copy of the bond and the contract.

Subpart 2828.2--Sureties and Other Security for Bonds


2828.203  Acceptability of individual sureties.

    All assets pledged by individual sureties must be eligible 
obligations as defined in 31 CFR part 225, ``Acceptable Collateral for 
Pledging to Federal Agencies.'' This collateral will be placed in the 
custody of the U.S. Treasury, with a Federal Reserve Bank acting as the 
depositary until the completion of the obligation.


2828.203-7  Exclusion of individual sureties.

    The SDO is the agency head for the purposes of FAR 28.203-7(a).

Subpart 2828.3--Insurance


2828.307  Insurance under cost-reimbursements contracts.


2828.307-1  Group insurance plans.

    Under cost-reimbursement contracts, the contractor, before buying 
insurance under a group insurance plan, shall submit the plan to the 
contracting officer for review and approval. During review, the 
contracting officer may utilize all sources of information available 
such as audit, industry practices, etc., to determine if acceptance of 
the group insurance plan is in the Government's best interest.

PART 2829--TAXES

Subpart 2829.3--State and Local Taxes
Sec.
2829.302 Application of State and local taxes to the Government.
2829.303 Application of State and local taxes to Government 
contractors and subcontractors.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2829.3--State and Local Taxes


2829.302  Application of State and local taxes to the Government.

    Generally, purchases and leases made by the Federal Government are 
immune from State and local taxation.


2829.303  Application of State and local taxes to Government 
contractors and subcontractors.

    (a) It is DOJ policy that DOJ contracts shall not contain clauses 
expressly designating prime contractors as agents of the Government for 
the purpose of avoiding State and local taxes.
    (b) A DOJ contracting activity may request to the CAO, through the 
HCA, that a contractor be considered an agent of the Government for the 
purpose of claiming immunity from State and local sales and use taxes. 
The CAO will review such requests to ensure compliance with DOJ policy 
and applicable law. Each case forwarded will be reviewed by the HCA or 
designee for approval before referral to the CAO.

PART 2830--COST ACCOUNTING STANDARDS ADMINISTRATION

Subpart 2830.2--CAS Program Requirements

Sec.
2830.201 Contract requirements.
2830.201-5 Waiver.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2830.2--CAS Program Requirements


2830.201  Contract requirements.


2830.201-5  Waiver.

    The SPE is the agency head for the purposes of FAR 30.201-5. 
Pursuant to FAR 30.201-5, this authority may not be delegated to any 
official in the agency below the senior contract policymaking level.

PART 2831--CONTRACT COST PRINCIPLES AND PROCEDURES

Subpart 2831.1--Applicability

Sec.
2831.101 Objectives.

[[Page 47130]]

2831.109 Advance agreements.

Subpart 2831.2--Contracts With Commercial Organizations

2831.205 Selected costs.
2831.205-6 Compensation for personal services.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2831.1--Applicability


2831.101  Objectives.

    (a) The SPE is the official authorized to grant individual 
deviations from the cost principles of FAR part 31.
    (b) Requests for class deviations from the cost principles set 
forth in FAR part 31 will be forwarded through the SPE prior to 
submission to the CAAC.


2831.109  Advance agreements.

    (a) DOJ and bureau contracting officers are encouraged to negotiate 
advance agreements concerning the treatment of special or unusual costs 
to avoid possible subsequent disputes or disallowance of costs based 
upon unreasonableness or nonallowability. All such agreements shall be 
negotiated in accordance with FAR 31.109, prior to the contractor 
incurring such costs.
    (b) All determinations required by this subpart shall be reviewed 
and approved at a level above the contracting officer prior to 
negotiation of the proposed agreement. The approved determination shall 
be placed in the contract file.
    (c) Advance agreements will be signed by both the contractor and 
the contracting officer, and made a part of the contract file. Copies 
of executed advance agreements will be distributed to the cognizant 
audit office, when applicable.

Subpart 2831.2--Contracts With Commercial Organizations


2831.205  Selected costs.


2831.205-6  Compensation for personal services.

    The HCA or designee is the agency head for the purposes FAR 31.205-
6(g)(6).

PART 2832--CONTRACT FINANCING

Sec.
2832.006 Reduction or suspension of contract payments upon finding 
of fraud.
2832.006-1 General.
2832.006-2 Definition.
2832.006-3 Responsibilities.
2832.006-4 Procedures.

Subpart 2832.1--Non-Commercial Item Purchase Financing

2832.114 Unusual contract financing.

Subpart 2832.2--Commercial Item Purchase Financing

2832.201 Statutory authority.

Subpart 2832.4--Advance Payments for Non-Commercial Items

2832.402 General.
2832.407 Interest.

Subpart 2832.5--Progress Payments Based on Costs

2832.502 Preaward matters.
2832.502-2 Contract finance office clearance.
2832.503 Postaward matters.
2832.503-6 Suspension or reduction of payments.

Subpart 2832.7--Contract Funding

2832.703 Contract funding requirements.
2832.703-3 Contracts crossing fiscal years.

Subpart 2832.9--Prompt Payment

2832.903 Responsibilities.

Subpart 2832.11--Electronic Funds Transfer

2832.1110 Solicitation provision and contract clauses.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).


2832.006  Reduction or suspension of contract payments upon finding of 
fraud.


2832.006-1  General.

    The SPE is the agency head for the purposes of FAR 32.006-1.


2832.006-2  Definition.

    The SPE is the ``Remedy coordination official'' for the purposes of 
FAR 32.006-2.


2832.006-3  Responsibilities.

    DOJ personnel shall immediately report, in writing, to the 
contracting officer and the OIG any apparent or suspected contractor 
request for advance, partial, or progress payments based on fraud.


2832.006-4  Procedures.

    The SPE is the agency head for the purposes of FAR 32.006-4.

Subpart 2832.1--Non-Commercial Item Purchase Financing


2832.114  Unusual contract financing.

    The HCA, or designee at a level at or above the BPC, is the 
official authorized to approve unusual contract financing as set forth 
in FAR 32.114.

Subpart 2832.2--Commercial Item Purchase Financing


2832.201  Statutory authority.

    The HCA or designee is the agency head for the purposes of FAR 
32.201.

Subpart 2832.4--Advance Payments for Non-Commercial Items


2832.402  General.

    (a) The authority to make the determinations prescribed in FAR 
32.402 and sign written determinations and findings with respect to 
making advance payments is vested in the HCA or designee.
    (b) Prior to awarding a contract which contains provisions for 
making advanced payments, the contract terms and conditions concerning 
advance payments shall be approved at a level above the contracting 
officer.
    (c) In ensuring that all FAR and agency requirements are met, the 
contracting officer shall coordinate with the activity that is to 
provide contract financing for advance payments, the bureau's 
disbursing or finance office, or the Treasury Department, as 
appropriate.


2832.407  Interest.

    In accordance with FAR 32.407(d), advance payments may be made on 
an interest free basis. A determination to make such interest free 
advance payments, and the circumstance permitting interest free advance 
payments, shall be set forth in the original determination and findings 
and be approved in accordance with JAR 2832.402.

Subpart 2832.5--Progress Payments Based on Costs


2832.502  Preaward matters.


2832.502-2  Contract finance office clearance.

    Before taking any of the actions prescribed in FAR 32.502-2, the 
contracting officer shall obtain advice and assistance from the 
bureau's Chief Financial Officer.


2832.503  Postaward matters.


2832.503-6  Suspension or reduction of payments.

    The HCA or designee is the approving official for any action 
recommended under FAR 32.503-6. Upon approval, the contracting officer 
shall request the finance office to suspend or reduce payments.

Subpart 2832.7--Contract Funding


2832.703  Contract funding requirements.


2832.703-3  Contracts crossing fiscal years.

    The HCA or designee is the agency head for the purposes of FAR 
32.703-3(b).

[[Page 47131]]

Subpart 2832.9--Prompt Payment


2832.903  Responsibilities.

    The HCA or designee is responsible for promulgating policies and 
procedures to implement FAR subpart 32.9.

Subpart 2832.11--Electronic Funds Transfer


2832.1110  Solicitation provision and contract clauses.

    When the clause at FAR 52.232-34, Payment by Electronic Funds 
Transfer (EFT)--Other than System for Award Management, is required, 
the contracting officer may insert in paragraph (b)(1) of the clause a 
particular time after award, such as a fixed number of days, or an 
event such as the submission of the first request for payment, to 
establish the point at which contractors' EFT information shall be 
provided.

PART 2833--PROTESTS, DISPUTES, AND APPEALS

Subpart 2833.1--Protests
Sec.
2833.101 Definitions.
2833.102 General.
2833.103 Protests to the agency.

Subpart 2833.2--Disputes and Appeals

2833.203 Applicability.
2833.209 Suspected fraudulent claims.
2833.211 Contracting officer's decision.
2833.214 Alternative dispute resolution (ADR).
2833.214-70 Policy.

    Authority:  28 U.S.C. 510; 40 U.S.C 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2833.1--Protests


2833.101  Definitions.

    (a) Agency Protest Official (APO) means the Deciding Official for a 
procurement protest filed with a contracting activity of DOJ when the 
contracting officer will not be the Deciding Official because of the 
protestor's election under JAR 22833.103(b). The HCA will designate the 
individual who will serve as the APO for a given protest subject to the 
following:
    (1) The APO will be at an organizational level above that of the 
contracting officer, will be knowledgeable about the acquisition 
process in general, and will not have had any previous personal 
involvement or programmatic interest in the procurement that is the 
subject of the protest.
    (2) The departmental or bureau Competition Advocate may serve as 
the APO.
    (b) Deciding Official means the official who will review and decide 
a procurement protest filed with the agency. The Deciding Official will 
be the contracting officer unless the protestor requests pursuant to 
JAR 2833.103(b) that the protest be decided by an individual above the 
level of the contracting officer, in which case the HCA will designate 
an APO to serve as the Deciding Official.
    (c) Interested party means an actual or prospective offeror whose 
direct economic interest would be affected by the award of a contract 
or by the failure to award a contract.


2833.102  General.

    (a) This part prescribes policies and procedures for processing 
protests to DOJ in accordance with with FAR 33.103 and Executive Order 
12979, Agency Procurement Protests, dated October 25, 1995.
    (b) Contracting officers and contractors are encouraged to use 
their best efforts to resolve concerns outside of the protest process 
through frank and open discussion as required by FAR 33.103(b) or 
through alternative dispute resolution techniques where appropriate.
    (c) Responsibilities are as follows:
    (1) Contracting officers. (i) Include the provision at JAR 
2852.233-70 in all solicitations that are expected to exceed the 
simplified acquisition threshold.
    (ii) When serving as the Deciding Official, decide the protest 
using the procedures in this subpart and FAR 33.103(d)(2).
    (iii) If the protestor requests that the protest be decided at a 
level above the contracting officer, the contracting officer shall 
ensure that the Agency Protest Official, once designated, receives a 
copy of the protest and any other materials the protestor has provided 
to the contracting officer in support of the protest.
    (2) Agency Protest Official. The APO shall use the procedures in 
this subpart and FAR 33.103 to provide an independent review of and 
decision on the issues raised in the protest.


2833.103  Protests to the agency.

    (a) The filing time frames in FAR 33.103(e) apply. An agency 
protest is filed when the protest is received at the location the 
solicitation designates for serving protests.
    (b) Only interested parties may file a protest.
    (c) An interested party filing an agency protest has the choice of 
requesting either that the contracting officer or an individual above 
the level of the contracting officer decide the protest.
    (d) In addition to the information required by FAR 33.103(d)(2), 
the protest shall:
    (1) Indicate that it is a protest to the agency.
    (2) Be filed with the contracting officer or other official 
designated to receive protests.
    (3) State whether the protestor chooses to have the contracting 
officer or an individual above the level of the contracting officer 
decide the protest. If the protest is silent on this matter, the 
contracting officer will decide the protest.
    (4) Indicate whether the protestor prefers to make an oral or 
written presentation of arguments in support of the protest to the 
Deciding Official.
    (e) Upon receipt of a protest by the agency, the contracting 
officer, even when not serving as the Deciding Official, will notify 
other vendors competing in the procurement of the protest, any stay of 
award or suspension of performance, and/or any determination under FAR 
33.103(f)(1) or (3) if and when made.
    (f) Intervenors to the protest are not permitted.
    (g) The decision by the Agency Protest Official is an alternative 
to a decision by the contracting officer on a protest. The Agency 
Protest Official will not consider appeals from a contracting officer's 
decision on an agency protest and a decision by the Agency Protest 
Official is final and not appealable.
    (h) The protestor has only one opportunity to support or explain 
the substance of its protest. DOJ procedures do not provide for any 
discovery. The Deciding Official has discretion to request additional 
information from the agency or the protestor.
    (i) A protestor may represent itself or be represented by legal 
counsel. DOJ will not reimburse the protester for any legal fees or 
costs related to the agency protest.
    (j) If an agency protest is received before contract award, the 
contracting officer shall not make award unless the HCA or designee 
makes a determination to proceed under FAR 33.103(f)(1). Similarly, if 
an agency protest is filed within ten (10) days after award or within 5 
days after a debriefing date has been offered to the protester under a 
timely debriefing request under FAR 15.505 or 15.506, whichever is 
later, the contracting officer shall suspend contract performance 
unless the HCA or designee makes a determination to proceed under FAR 
33.103(f)(3). Any stay of award or suspension of performance remains in 
effect until the agency protest is decided, dismissed, or withdrawn.

[[Page 47132]]

    (k) The deciding official's decision may be oral or written. If 
oral, the deciding official shall send a confirming letter after the 
decision using a means that allows proof of receipt, including 
electronic mail. The letter shall:
    (1) State whether the protest was denied, sustained, or dismissed;
    (2) Indicate the date the decision was provided; and
    (3) Provide the rationale for the decision.
    (l) If the deciding official sustains the protest, relief may 
consist of any of the following:
    (1) Termination of the contract for convenience or cause.
    (2) Recompeting the requirement.
    (3) Amending the solicitation.
    (4) Refraining from exercising contract options.
    (5) Reevaluating the offers or bids and making a new award 
determination.
    (6) Other action that the deciding official determines is 
appropriate.
    (m) Proceedings on an agency protest shall be dismissed if a 
protest on the same or similar basis is filed with a protest forum 
outside of DOJ.

Subpart 2833.2--Disputes and Appeals


2833.203  Applicability.

    The SPE is the agency head for the purposes of FAR 33.203(b).


2833.209  Suspected fraudulent claims.

    Contracting officers shall report suspected fraudulent claims to 
the OIG for investigation.


2833.211  Contracting officer's decision.

    The Civilian Board of Contract Appeals (CBCA) hears and decides 
contract disputes originating from DOJ.


2833.214  Alternative dispute resolution (ADR).


2833.214-70  Policy.

    It is DOJ's goal to resolve contract disputes before the issuance 
of a contracting officer's final decision under the Contract Disputes 
Act. Therefore, contracting officers will consider all possible means 
of reaching a negotiated settlement consistent with the Government's 
best interest, before issuing a final decision on a contractor claim 
under the process outlined in FAR 33.206 through 33.211.

SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING

PART 2834--MAJOR SYSTEM ACQUISITION

Subpart 2834.0--General
Sec.
2834.002 Policy.
2834.003 Responsibilities.
2834.005 General requirements.
2834.005-6 Full production.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2834.0--General


2834.002  Policy.

    The Small Business and Federal Procurement Competition Enhancement 
Act of 1984 allows an executive agency to establish a dollar threshold 
for the designation of a major system, in accordance with Public Law 
98-577. Dollar thresholds for a major system under OMB Circular A-109 
are designated in this section.
    (a) Major automated information system. Within DOJ, a major 
automated information system is one whose life-cycle cost is in excess 
of $100 million.
    (b) Major real property system. (1) By purchase, when the assessed 
value of the property exceeds $60 million.
    (2) By lease, when the annual rental charges, including basic 
services (e.g., cleaning, guards, maintenance), exceed $1.8 million.
    (3) By transfer from another agency at no cost when the assessed 
value of the property exceeds $12 million.
    (c) Research and development (R&D) system. Any R&D activity 
expected to exceed $500,000 for the R&D phase is subject to OMB 
Circular A-109, unless exempted by the HCA or designee under paragraph 
(e) of this section.
    (d) Any other system or activity. The HCA or designee responsible 
for the system may designate any system or activity as a Major System 
under OMB Circular A-109, e.g., selected systems designed to support 
more than one principal organizational unit.
    (e) Exemption. The CAO, upon recommendation by the HCA or designee 
responsible for the system, may determine that, because of the routine 
nature of the acquisition, the system (e.g., an information system 
utilizing only off-the-shelf hardware or software) will be exempt from 
the OMB Circular A-109 process, even where by virtue of the life cycle 
costs it would otherwise be identified as ``major'' in response to OMB 
Circular A-109.


2834.003  Responsibilities.

    (a) The SPE is the agency head for the purposes of FAR 34.003(a).
    (b) The CAO is the agency head for the purposes of FAR 34.003(c).


2834.005  General requirements.


2834.005-6  Full production.

    The CAO is the agency head for the purposes of FAR 34.005-6.

PART 2836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

Subpart 2836.2--Special Aspects of Contracting for Construction
Sec.
2836.204 Disclosure of the magnitude of construction projects.
Subpart 2836.6--Architect-Engineer Services
2836.602 Selection of firms for architect-engineer contracts.
2836.602-1 Selection criteria.
2836.602-4 Selection authority.
2836.602-5 Short selection process for contracts not to exceed the 
simplified acquisition threshold.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2836.2--Special Aspects of Contracting for Construction


2836.204  Disclosure in solicitations of the magnitude of construction 
projects.

    For construction projects over $10,000,000, present the magnitude 
in ranges as follows:
    (a) Between $10,000,001 and $25,000,000;
    (b) Between $25,000,001 and $100,000,000;
    (c) Between $100,000,001 and $250,000,000;
    (d) Between $250,000,001 and $500,000,000; and
    (e) Over $500,000,000.

Subpart 2836.6--Architect-Engineer Services


2836.602  Selection of firms for architect-engineer contracts.


2836.602-1  Selection criteria.

    The HCA or designee is the agency head for purposes of FAR 36.602-
1(b).


2836.602-4  Selection authority.

    The HCA or designee is the agency head for purposes of FAR 36.602-
4(a).


2836.602-5  Short selection process for contracts not to exceed the 
simplified acquisition threshold.

    (a) The short selection process, described in FAR 36.602-5, is 
authorized for use in DOJ contracts not expected to exceed the 
simplified acquisition threshold.
    (b) The HCA or designee is the agency head for purposes of FAR 
36.602-5(b)(2).

PART 2837--SERVICE CONTRACTING

Subpart 2837.1--Service Contracts--General
Sec.
2837.106 Funding and term of service contracts.

[[Page 47133]]

Subpart 2837.2--Advisory and Assistance Services
2837.204 Guidelines for determining availability of personnel.
Subpart 2837.5--Management Oversight of Service Contracts
2837.503 Agency-head responsibilities.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2837.1--Service Contracts--General


2837.106  Funding and term of service contracts.

    The HCA or designee is the agency head for purposes of FAR 
37.106(b).

Subpart 2837.2--Advisory and Assistance Services


2837.204  Guidelines for determining availability of personnel.

    The HCA or designee is the agency head for purposes of FAR 37.204.

Subpart 2837.5--Management Oversight of Service Contracts


2837.503  Agency-head responsibilities.

    The HCA or designee or designee is the agency head for purposes of 
FAR 37.503.

PART 2839--ACQUISITION OF INFORMATION TECHNOLOGY

Subpart 2839.1--General
Sec.
2839.101 Policy.
2839.102 Management of risk.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2839.1--General


2839.101  Policy.

    DOJ's Chief Information Officer (CIO) and SPE are responsible for 
issuing policies and procedures to manage the agency information 
technology (IT) acquisition process.


2839.102  Management of risk.

    Contracts involving DOJ Information and Information Systems shall 
comply with the security requirements prescribed in FAR 39.102 and all 
applicable DOJ security requirements, including without limitation all 
DOJ Policy Statements and DOJ Policy Instructions established under the 
DOJ Acquisition Management Order relating to the Management of Risk of 
DOJ Information and Information Systems.

PART 2841--ACQUISITION OF UTILITY SERVICES

Subpart 2841.2--Acquiring Utility Services
Sec.
2841.201 Policy.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2841.2--Acquiring Utility Services


2841.201  Policy.

    The HCA or designee is the agency head for the purposes of FAR 
41.201(d)(2)(i) and (d)(3).

SUBCHAPTER G--CONTRACT MANAGEMENT

PART 2842--CONTRACT ADMINISTRATION AND AUDIT SERVICES

Subpart 2842.6--Corporate Administrative Contracting Officer

Sec.
2842.602 Assignment and location.

Subpart 2842.7--Indirect Cost Rates

2842.703 General.
2842.703-2 Certificate of indirect costs.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2842.6--Corporate Administrative Contracting Officer


2842.602  Assignment and location.

    The HCA or designee is the agency head for the purposes of FAR 
42.602(a).

Subpart 2842.7--Indirect Cost Rates


2842.703  General.


2842.703-2  Certificate of indirect costs.

    The HCA or designee is the agency head for the purposes of FAR 
42.703-2(b).

PART 2845--GOVERNMENT PROPERTY

Subpart 2845.1--General

Sec.
2845.105 Contractors' property management system compliance.
2845.105-70 Contractor reporting of Government-furnished property.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2845.1--General


2845.105  Contractors' property management system compliance.

    The contractor's records for Government-furnished property may be 
kept as a separate account in the bureau's internal property management 
system, in which case the contracting officer or formally designated 
property administrator shall serve as custodian of the account.


2845.105-70  Contractor reporting of Government-furnished property.

    (a) In compliance with FAR 45.105, by January 31 of each year, DOJ 
contractors shall furnish the cognizant contracting officer an annual 
report of the DOJ property for which they are accountable as of the end 
of the calendar year.
    (b) By March 1 of each year, bureaus shall submit to the FASS, JMD, 
a summary report of agency property furnished under each contract as of 
the end of the calendar year. The report shall include a listing of 
Government-furnished property for all contracts for which the bureau 
maintains the official Government records.

PART 2846--QUALITY ASSURANCE

Subpart 2846.6--Material Inspection and Receiving Reports

Sec.
2846.601 General.

Subpart 2846.7--Warranties

2846.704 Authority for use of warranties.

    Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2846.6--Material Inspection and Receiving Reports


2846.601  General.

    Bureaus shall prescribe procedures and instructions for the use, 
preparation, and distribution of material inspection and receiving 
reports and commercial shipping document/packing lists to evidence 
Government inspection (FAR 46.401) and acceptance (FAR 46.501).

Subpart 2846.7--Warranties


2846.704  Authority for use of warranties.

    The use of a warranty in an acquisition shall be approved at a 
level above the contracting officer.

PART 2848--VALUE ENGINEERING

Subpart 2848.1--Policies and Procedures

Sec.
2848.102 Policies.

Subpart 2848.2--Contract Clauses

2848.201 Clauses for supply or service contracts.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

[[Page 47134]]

Subpart 2848.1--Policies and Procedures


2848.102  Policies.

    The HCA is the agency head for purposes of FAR 48.102(a).

Subpart 2848.2--Contract Clauses


2848.201  Clauses for supply or service contracts.

    The HCA or designee is the agency head for purposes of FAR 
48.201(a)(6).

PART 2849--TERMINATION OF CONTRACTS

Subpart 2849.1--General Principles

Sec.
2849.106 Fraud or other criminal conduct.
2849.111 Review of proposed settlements.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2849.1--General Principles


2849.106  Fraud or other criminal conduct.

    If the contracting officer has reason to suspect fraud or other 
criminal conduct related to the settlement negotiations of a terminated 
contract, the contracting officer shall discontinue the negotiations 
and report the facts supporting the suspicion through the HCA or 
designee to the OIG.


2849.111  Review of proposed settlements.

    The HCA or designee may establish procedures for the review and 
approval of settlement agreements at a level above the contracting 
officer. In addition, all proposed termination settlements shall be 
reviewed by legal counsel.

PART 2850--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

Subpart 2850.1--Extraordinary Contractual Actions

Sec.
2850.100 Definition.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).

Subpart 2850.1--Extraordinary Contractual Actions


2850.100  Definition.

    Approving authority as used in this part means the Attorney 
General.

SUBCHAPTER H--CLAUSES AND FORMS

PART 2852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Sec.
2852.000 Scope of part.
Subpart 2852.1--Instructions for Using Provisions and Clauses
2852.102 Incorporating provisions and clauses.
Subpart 2852.2--Text of Provisions and Clauses
2852.200 Scope of subpart.
2852.201-70 Contracting Officer's Representative (COR).
2852.203-70 General Non-Disclosure Agreement.
2852.203-71 Intelligence Related Non-Disclosure Agreement.
2852.212-4 Contract Terms and Conditions--Commercial Items (FAR 
Deviation).
2852.222-70 Domestic Violence, Sexual Assault, and Stalking.
2852.223-70 Unsafe Conditions Due to the Presence of Hazardous 
Material.
2852.233-70 Protests Filed Directly with the Department of Justice.

    Authority:  28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 
0.76(j).


2852.000  Scope of part.

    This part provides the text of provisions and clauses which are 
unique to DOJ or supplement the FAR.

Subpart 2852.1--Instructions for Using Provisions and Clauses


2852.102  Incorporating provisions and clauses.

    JAR provisions and clauses may be incorporated in solicitations and 
contracts by reference.

Subpart 2852.2--Text of Provisions and Clauses


2852.200  Scope of subpart.

    This subpart sets forth the text of all DOJ provisions and clauses. 
It also cross-references to the location in the JAR that prescribes the 
use of each provision and clause.


2852.201-70  Contracting Officer's Representative (COR).

    As prescribed in JAR 2801.604, insert the following clause:

Contracting Officer's Representative (COR) (NOV 2020)

    (a) Mr./Ms. (Name) of (Organization), (Address), (Area Code & 
Telephone No.), is hereby designated to act as Contracting Officer's 
Representative (COR) under (contract #), for the period of (specify the 
performance period of the contract that the designation covers).
    (b) Performance of work under this contract is subject to the 
technical direction of the COR identified above, or another 
representative designated in writing by the Contracting Officer. The 
term ``technical direction'' includes, without limitation, the 
following:
    (i) Receiving all deliverables;
    (ii) Inspecting and accepting the supplies or services provided in 
accordance with the terms and conditions of this contract;
    (iii) Clarifying, directing, or redirecting the contract effort, 
including shifting work between work areas and locations, filling in 
details, or otherwise serving to accomplish the contractual statement 
of work to ensure the work is accomplished satisfactorily;
    (iv) Evaluating performance of the Contractor; and
    (v) Certifying all invoices/vouchers for acceptance of the supplies 
or services furnished for payment.
    (c) The COR does not have the authority to issue direction that:
    (i) Constitutes a change of assignment or work outside the contract 
specification/work statement/scope of work.
    (ii) Constitutes a change as defined in the clause entitled 
``Changes'' or other similar contract term.
    (iii) Causes, in any manner, an increase or decrease in the 
contract price or the time required for contract performance;
    (iv) Causes, in any manner, any change in a term, condition, or 
specification or the work statement/scope of work of the contract;
    (v) Causes, in any manner, any change or commitment that affects 
price, quality, quantity, delivery, or other term or condition of the 
contract or that, in any way, directs the contractor or its 
subcontractors to operate in conflict with the contract terms and 
conditions;
    (vi) Interferes with the contractor's right to perform under the 
terms and conditions of the contract;
    (vii) Directs, supervises, or otherwise controls the actions of the 
Contractor's employees or a Subcontractor's employees.
    (d) The Contractor shall proceed promptly with performance 
resulting from the technical direction of the COR. If, in the opinion 
of the Contractor, any direction by the COR or the designated 
representative falls outside the authority of (b) above and/or within 
the limitations of (c) above, the Contractor shall immediately notify 
the Contracting Officer.
    (e) Failure of the Contractor and Contracting Officer to agree that 
technical direction is within the scope of the contract is a dispute 
that shall be subject to the ``Disputes'' clause and/or other similar 
contract term.
    (f) COR authority is not re-delegable.

[[Page 47135]]

(End of Clause)


2852.203-70  General Non-Disclosure Agreement.

    As prescribed in JAR 2803.908-70, insert the following provision:

General Non-Discloure Agreement (AUG 2016)

    The provisions of this Non-Disclosure Agreement (NDA) are 
consistent with and do not supersede, conflict with, or otherwise alter 
the employee obligations, rights, or liabilities created by existing 
statute or Executive Order relating to (1) classified information, (2) 
communications to Congress, (3) the reporting to an Inspector General 
of a violation of any law, rule, or regulation, or mismanagement, a 
gross waste of funds, an abuse of authority, or a substantial and 
specific danger to public health or safety, or (4) any other 
whistleblower protection. The definitions, requirements, obligations, 
rights, sanctions, and liabilities created by controlling Executive 
Orders and statutory provisions are incorporated into this agreement 
and are controlling.
(End of Provision)


2852.203-71  Intelligence Related Non-Disclosure Agreement.

    As prescribed in JAR 2803.908-71, insert the following provision:

Intelligence Related Non-Disclosure Agreement (AUG 2016)

    (1) The signatory will not disclose any classified information 
received in the course of such intelligence or intelligence-related 
activity unless specifically authorized to do so by the United States 
Government; and
    (2) The Non-Disclosure Agreement (NDA) does not bar disclosures to 
Congress, or to an authorized official of an executive agency or the 
Department of Justice, which are essential to reporting a substantial 
violation of law.
(End of Provision)


2852.212-4  Contract Terms and Conditions, Commercial Items (FAR 
Deviation).

    As prescribed in JAR 2812.301, insert the following provision:

Terms and Conditions--Commercial Items (NOV 2020)

    When a commercial item is contemplated (using FAR part 12 
procedures or otherwise) and the contract will include FAR 52.212-4, 
the following replaces subparagraph (g)(2); paragraph (h); subparagraph 
(i)(2); paragraph (s); and paragraph (u), Unauthorized Obligations, of 
the basic FAR clause, and adds paragraph (w), as follows:
    (g)(2) Invoices will be handled in accordance with the Prompt 
Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) 
prompt payment act regulations at 5 CFR part 1315, as modified by 
subparagraph (i)(2), Prompt payment, of this clause.
* * * * *
    (h) Patent indemnity. Contractor shall indemnify and hold harmless 
the Government and its respective affiliates, officers, directors, 
employees, agents, successors and assigns (collectively, 
``Indemnities'') from and against any and all liability and losses 
incurred by the Indemnities that are (i) included in any settlement 
and/or (ii) awarded by a court of competent jurisdiction arising from 
or in connection with any third party claim of infringement made 
against Indemnities asserting that any product or service supplied 
under this contract constitutes infringement of any patent, copyright, 
trademark, service mark, trade name or other proprietary or 
intellectual right. This indemnity shall not apply unless Contractor 
shall have been informed within a reasonable time by the Government of 
the claim or action alleging such infringement and shall have been 
given such opportunity as is afforded by applicable laws, rules, or 
regulations to participate in its defense. This indemnity also shall 
not apply to any claim unreasonably settled by the Government which 
obligates Contractor to make any admission or pay any amount without 
written consent signed by an authorized officer of Contractor, unless 
required by final decree of a court of competent jurisdiction.
* * * * *
    (i)(2) Prompt payment. The Government will make payment in 
accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt 
payment regulations (5 CFR part 1315), with the following modification 
regarding the due date: For the sole purpose of computing an interest 
penalty due the Contractor, the Government agrees to inspect and 
determine the acceptability of any supply delivered or service 
performed specified in the invoice within thirty (30) days of receipt 
of a proper invoice from the Contractor, after which time, if no 
affirmative action has been taken by the Government to accept such 
supply or service, the supply or service will be deemed accepted and 
payment due thirty (30) days from the date of deemed acceptance. If the 
Government makes the determination that the item delivered or service 
performed is deficient or otherwise unacceptable, or the invoice is 
otherwise determined not to be a proper invoice, the terms and 
conditions of this paragraph regarding prompt payment will apply to the 
date the Contractor corrects the deficiency in the item delivered or 
service performed or submits a proper invoice. If actual acceptance 
occurs within the constructive acceptance period, the Government will 
base the determination of an interest penalty on the actual date of 
acceptance. The constructive acceptance requirement does not, however, 
compel Government officials to accept supplies or services, perform 
contract administration functions, or make payment prior to fulfilling 
their responsibilities.
* * * * *
    (s) Order of precedence. Any inconsistencies in this solicitation 
or contract shall be resolved by giving precedence in the following 
order:
    (1) The schedule of supplies/services.
    (2) The Assignments, Payments, Invoice, Other Compliances, and 
Compliance with Laws Unique to Government Contracts provisions of the 
basic FAR clause at 52.212-4, and the Unauthorized Obligations and 
Contractor's Commercial Supplier Agreements--Unenforceable Clauses 
provisions of JAR 2852.212-4.
    (3) FAR 52.212-5.
    (4) Other paragraphs of the basic FAR clause at 52.212-4, with the 
exception of paragraph (o), Warranty, and those paragraphs identified 
in this deviation of 52.212-4.
    (5) Addenda to this solicitation, contract, or order, including 
contractor's Commercial supplier agreements incorporated into the 
contract.
    (6) Solicitation provisions if this is a solicitation.
    (7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-4.
    (8) The Standard Form 1449.
    (9) Other documents, exhibits, and attachments.
    (10) The specification.
* * * * *
    (u) Unauthorized obligations.
    (1) Except as stated in paragraph (u)(2) of this clause, when any 
supply or service acquired under this contract or order is subject to 
any Commercial supplier agreement that includes any language, 
provision, or clause requiring the Government to indemnify the 
Contractor or any person or entity for damages, costs, fees, or any 
other loss or liability that would create an Anti-Deficiency Act 
violation (see 31 U.S.C. 1341), the following shall govern:
    (i) Any such language, provision, or clause is unenforceable 
against the Government.

[[Page 47136]]

    (ii) Neither the Government nor any Government authorized end user 
shall be deemed to have agreed to such clause by virtue of it appearing 
in the commercial supplier agreement. If the commercial supplier 
agreement is invoked through an ``I agree'' click box or other similar 
mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), 
execution does not bind the Government or any Government authorized end 
user to such clause.
    (iii) Any such language, provision, or clause is deemed to be 
stricken from the commercial supplier agreement and have no effect.
    (2) Paragraph (u)(1) of this clause does not apply to 
indemnification by the Government that is expressly authorized by 
statute and specifically authorized under applicable agency regulations 
and procedures.
* * * * *
    (w) Commercial supplier agreements--unenforceable clauses. When any 
supply or service acquired under this contract or order is subject to a 
contractor's commercial supplier agreement, the following shall be 
deemed incorporated into such agreement and modifies and replaces any 
similar language, provision, or clause in such agreement. As used 
herein, ``this agreement'' means any contractor commercial supplier 
agreement:
    (1) Notwithstanding any other provision of this agreement, when the 
end user is an agency or instrumentality of the U.S. Government, the 
following shall apply:
    (i) Applicability. This agreement is a part of a contract between 
commercial supplier and the U.S. Government for the acquisition of the 
supply or service that necessitates a license or other similar legal 
instrument (including all contracts, task orders, and delivery orders 
under FAR part 12).
    (ii) End user. This agreement shall bind the Government as end user 
but shall not operate to bind the Government employee or person acting 
on behalf of the Government in his or her personal capacity.
    (iii) Law and disputes. This agreement is governed by Federal law.
    (A) Any language, provision, or clause purporting to subject the 
U.S. Government to the laws of any U.S. state, territory, district, or 
municipality, or the laws of a foreign nation, except where Federal law 
expressly provides for the application of such laws, is hereby deleted 
and shall have no effect.
    (B) Any language, provision, or clause requiring dispute resolution 
in a specific forum or venue that is different from that prescribed by 
applicable Federal law is hereby deleted and shall have no effect.
    (C) Any language, provision, or clause prescribing a different time 
period for bringing an action than that prescribed by applicable 
Federal law in relation to a dispute is hereby deleted and shall have 
no effect.
    (iv) Continued performance. Notwithstanding any other provision in 
this agreement, if the Contractor believes the Government to be in 
breach of this contract, order, or agreement, it shall pursue its 
rights under the Contract Disputes Act or other applicable Federal 
statute while continuing performance as set forth in subparagraph (d), 
Disputes, of FAR 52.212-4.
    (v) Arbitration; equitable or injunctive relief. In the event of a 
claim or dispute arising under or relating to the contract, order, or 
this agreement, (A) binding arbitration shall not be used unless 
otherwise specifically authorized by agency guidance, and (B) equitable 
or injunctive relief, including the award of attorney fees, costs or 
interest, may be awarded against the Government only when explicitly 
provided by statute.
    (vi) Updating terms.
    (A) After award, the contractor may unilaterally revise terms if 
they are not material. Material terms are defined as:
    (1) Terms that change Government rights or obligations;
    (2) Terms that increase Government prices;
    (3) Terms that decrease the overall level of service; or
    (4) Terms that limit any other Government right addressed elsewhere 
in this contract.
    (B) For revisions that materially change the terms of the contract, 
the revised commercial supplier agreement must be incorporated into the 
contract using a bilateral modification.
    (C) Any agreement terms or conditions unilaterally revised 
subsequent to award that are inconsistent with any material term or 
provisions of this contract shall not be enforceable against the 
Government, and the Government shall not be deemed to have consented to 
them.
    (vii) Order of precedence. Any Order of Precedence clause in any 
commercial supplier agreement is not enforceable against the 
Government. The applicable Order of Precedence for this contract, 
order, or agreement is FAR 52.212-4(s), as revised by JAR 2812.302 and 
2852.212-4(s).
    (viii) No automatic renewals. If any license or service tied to 
period payment is provided under this agreement (e.g., annual software 
maintenance or annual lease term), such license or service shall not 
renew automatically upon expiration of its current term without prior 
express consent by a properly warranted contracting officer, and any 
provision or term of any license or service purporting to provide for 
automatic renewal is unenforceable against the Government.
    (ix) Indemnification by the Government or end-user. Any language, 
provision, or clause of this commercial supplier agreement requiring 
the Government or End-user to indemnify the commercial supplier or 
licensor is not enforceable against the Government.
    (x) Indemnification by the commercial supplier or licensor. Any 
clause of this agreement requiring or permitting the commercial 
supplier or licensor to defend the Government as a condition of 
indemnifying the Government for any claim of infringement is hereby 
amended to provide that the U.S. Department of Justice has the sole 
right to represent the United States in any such action, in accordance 
with 28 U.S.C. 516.
    (xi) Audits. Any language, provision, or clause of this commercial 
supplier agreement permitting Contractor to audit the end user's 
compliance with this agreement is not enforceable against the 
Government. To the extent any language, provision or clause of this 
agreement permits Contractor to audit the Government's compliance under 
this contract, order, or agreement, such language, provision, or clause 
of this agreement is hereby stricken and replaced as follows:
    ``(A) If Contractor reasonably believes that the Government has 
violated the terms of this agreement with regard to the restrictions on 
authorized use and/or the number of authorized users, upon written 
request from Contractor, including an explanation of the basis for the 
request, DOJ will provide a redacted version of the Government's most 
recent Security Assessment and Authorization package (SAA) to 
Contractor on a confidential basis, so that Contractor may reasonably 
verify the Government's compliance with its obligations under this 
agreement. Contractor understands and agrees that the Government will 
remove or redact any information from the SAA that it reasonably 
believes may compromise (a) the security of the Government's 
information technology environment; (b) the confidentiality of any 
third-party proprietary or confidential information; (c) any 
confidential, sensitive law enforcement information; and (d) any other 
information that the Government believes may compromise a past, 
current, or prospective investigation,

[[Page 47137]]

prosecution, or litigation. Notwithstanding the preceding, and subject 
to the Government's policies and procedures for such review, including 
but not limited to complying with all Government security requirements 
prior to being granted access to the Government's facilities, including 
the execution of appropriate confidentiality and/or non-disclosure 
agreements, the Government will arrange, upon Contractor's written 
request, for Contractor to view an un-redacted version of the SAA on 
Government premises. Contractor understands that Contractor will be 
provided a copy of the un-redacted SAA on Government premises only and 
that no un-redacted copy of the SAA, or any medium containing 
information relating to it, will be permitted to be removed from 
Government premises.
    (B) The Contractor also understands and agrees that the Contractor 
shall make a request under this paragraph no more than on an annual 
basis and only during the period of the contract, and that any 
activities performed by Contractor under this clause will be performed 
at Contractor's expense, without reimbursement by the Government.
    (C) Discrepancies found with regard to the restrictions on 
authorized use and/or the number of authorized users may result in a 
charge by Contractor to the Government. Any resulting invoice must 
comply with the proper invoicing and payment requirements specified in 
the contract. This charge, if disputed by the Government, will be 
resolved through the Disputes clause at 52.212-4(d); no payment 
obligation shall arise on the part of the Government until the 
conclusion of the dispute process.''
    (xii) Taxes or surcharges. Any taxes or surcharges which the 
Contractor seeks to pass along to the Government as end user will be 
governed by the terms of the underlying Government contract and, in any 
event, must be submitted to the Contracting Officer for a determination 
of applicability prior to invoicing unless specifically agreed to 
otherwise in the Government contract.
    (xiii) Non-assignment. This agreement may not be assigned, nor may 
any rights or obligations thereunder be delegated, without the 
Government's prior approval, except as expressly permitted under FAR 
52.212-4 (b), Assignment.
    (xiv) Confidential information.
    (A) During the term of this contract or order, either party may 
identify information as ``confidential information,'' and there shall 
be no disclosure, dissemination, or publication of any such information 
except to the extent required for the performance of this contract or 
order and otherwise provided in this clause or by statute or 
regulation. Specifically, the parties agree that the party receiving 
confidential information may only disclose such information to its 
employees and contractors on a ``need-to-know'' basis to carry out the 
obligations of this contract or order, and that subcontractors 
performing under this Agreement are subject to the same stipulations 
provided in this provision. The parties also agree that this provision 
shall survive the termination of this contract or order, and any 
confidential information obtained or received which comes within these 
restrictions shall remain confidential, provided that the obligation to 
treat information as confidential shall not apply to information which 
is or becomes publicly available through no improper action of the 
receiving party; is or comes to be in the receiving party's possession 
independent of its relationship with the disclosing party; is developed 
by or becomes known to the receiving party without use of any 
confidential information of the disclosing party; or is obtained 
rightfully from a third party not bound by an obligation of 
confidentiality. Additionally, nothing in this contract or order shall 
restrict disclosure by the receiving party pursuant to any applicable 
law, including but not limited to the Freedom of Information Act, 5 
U.S.C. 552, et seq., or an order of any court of competent 
jurisdiction, provided that in either such case the receiving party 
gives prompt notice to the disclosing party to allow the disclosing 
party to interpose an objection to such disclosure, take action to 
assure confidential handling of the confidential information, or take 
such other action as it deems appropriate to protect its confidential 
information.
    (B) The Government considers and hereby identifies as confidential 
any and all information related to any inquiries and/or searches 
performed by the Government or by contractor at the Government's 
direction under this contract or order, including the subject of any 
such inquiry or search and any and all search terms, regardless of 
whether provided in writing or orally to Contractor, and Contractor 
agrees that it may only disclose such information to its employees and 
contractors on a ``need-to-know'' basis to carry out the obligations of 
this contract or order and that it will not share, reveal, divulge, 
disclose, disseminate, or publicize any such information to any third 
party except as provided in this provision without the prior written 
approval of the Contracting Officer. Contractor also understands and 
agrees that any subcontractors performing under this contract or order 
are subject to the same stipulations and that Contractor may be held 
responsible for any violations of confidentiality by a subcontractor.
    (C) These provisions are consistent with and do not supersede, 
conflict with, or otherwise alter an employee's obligations, rights, or 
liabilities created by existing statute or Executive order relating to 
(1) classified information, (2) communications to Congress, (3) the 
reporting to an Inspector General of a violation of any law, rule, or 
regulation, or mismanagement, a gross waste of funds, an abuse of 
authority, or a substantial and specific danger to public health or 
safety, or (4) any other whistleblower protection. The definitions, 
requirements, obligations, rights, sanctions, and liabilities created 
by Executive orders and statutory provisions relating to whistleblower 
protection are incorporated into this contract and are controlling.
    (D) The Government may share the terms, conditions and prices set 
forth in this Order with, and provide a copy of the Order to, other 
Executive branch agencies of the U.S. Government, provided that the 
Government shall ensure that other Executive branch agencies to which 
it provides such information will be required to treat all such 
information consistent with terms and conditions set forth in this 
Order.
    (E) Notwithstanding anything in this agreement, the Government may 
retain any confidential information as required by law, regulation, or 
its internal document retention procedures for legal, regulatory, or 
compliance purposes; provided, however, that all such retained 
confidential information will continue to be subject to the 
confidentiality obligations of this Order.
    (xv) Authorized users. Authorized users may include full and part-
time employees of the Government, including those working at or from 
remote locations, and contractors and contractor employees working 
within the scope of their contract with the Government, including those 
at or from remote locations.
    (xvi) Authorized use. Authorized users are authorized to use the 
product or service acquired under this contract in performing business 
on behalf of the Government. Any information obtained or acquired by 
the Government under this contract may be used by the Government in the 
performance of Government business.
    (2) If any language, provision, or clause of this agreement 
conflicts or is inconsistent with the preceding

[[Page 47138]]

paragraph (w)(1), the language, provisions, or clause of paragraph 
(w)(1) shall prevails to the extent of such inconsistency.


2852.222-70  Domestic Violence, Sexual Assault, and Stalking.

    As prescribed in JAR 2822.101-1-70, insert the following clause:

Domestic Violence, Sexual Assault, and Stalking (DEC 2014)

    (a) It is DOJ policy to enhance workplace awareness of and safety 
for victims of domestic violence, sexual assault, and stalking. This 
policy is summarized in ``DOJ Policy Statement 1200.02, Federal 
Workforce Responses to Domestic Violence, Sexual Assault, and 
Stalking,'' available in full for public viewing at: http://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticeviolence-sexualassault-stalking.pdf.
    Vendor agrees, upon contract award, to provide notice of this 
Policy Statement, including at a minimum the above-listed URL, to all 
Vendor employees and employees of subcontractors who will be assigned 
to work on DOJ premises.
    (b) Upon contract award, DOJ will provide the Contractor with the 
name and contact information of the point of contact for victims of 
domestic violence, sexual assault, and stalking for the component or 
components where the Contractor will be performing. The Contractor 
agrees to inform its employees and employees of subcontractors, who 
will be assigned to work on DOJ premises, with the name and contact 
information of the point of contact for victims of domestic violence, 
sexual assault, and stalking.
(End of Clause)


2852.223-70  Unsafe Conditions Due to the Presence of Hazardous 
Material.

    As prescribed in JAR 2823.303-70, insert the following clause:

Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

    (a) ``Unsafe condition'' as used in this clause means the actual or 
potential exposure of Contractor or Government employees to a hazardous 
material.
    (b) ``Hazardous Material'' as used in this clause includes any 
material defined as hazardous under the latest version of Federal 
Standard No. 313 (including revisions adopted during the term of the 
contract), any other potentially hazardous material requiring safety 
controls, or any other material or working condition designated as 
hazardous by the Contracting Officer's Representative (COR).
    (c) The Occupational Safety and Health Administration (OSHA) is 
responsible for issuing and administering regulations that require 
Contractors to apprise its employees of all hazards to which they may 
be exposed in the course of their employment; proper conditions and 
precautions for safe use and exposure; and related symptoms and 
emergency treatment in the event of exposure.
    (d) Prior to commencement of work, Contractors are required to 
inspect for and report to the Contracting Officer the presence of, or 
suspected presence of, any unsafe condition including asbestos or other 
hazardous materials or working conditions in areas in which they will 
be working.
    (e) If during the performance of the work under this contract, the 
Contractor or any of its employees, or subcontractor employees, 
discovers the existence of an unsafe condition, the Contractor shall 
immediately notify the Contracting Officer, or designee (with written 
notice provided not later than three (3) working days thereafter), of 
the existence of an unsafe condition. Such notice shall include the 
Contractor's recommendations for the protection and the safety of 
Government, Contractor and subcontractor personnel and property that 
may be exposed to the unsafe condition.
    (f) When the Government receives notice of an unsafe condition from 
the Contractor, the parties will agree on a course of action to 
mitigate the effects of that condition and, if necessary, the contract 
will be amended. Failure to agree on a course of action will constitute 
a dispute under the Disputes clause of this contract.
    (g) Nothing contained in this clause shall relieve the Contractor 
or subcontractors from complying with applicable Federal, State, and 
local laws, codes, ordinances and regulations (including the obtaining 
of licenses and permits) in connection with hazardous material 
including but not limited to the use, disturbance, or disposal of such 
material.
(End of Clause)


2852.233-70  Protests Filed Directly with the Department of Justice.

    As prescribed in JAR 2833.102(d), insert a clause substantially as 
follows:

Protests Filed Directly With the Department of Justice (NOV 2020)

    (a) The following definitions apply in this provision:
    (1) ``Agency Protest Official'' (APO) means the Deciding Official 
for a procurement protest filed with a contracting activity of DOJ when 
the contracting officer will not be the Deciding Official because of 
the protestor's election under JAR 2833.103(b)
    (2) ``Deciding Official'' means the official who will review and 
decide a procurement protest filed with the agency. The Deciding 
Official will be the contracting officer unless the protestor requests 
pursuant to JAR 2833.103(b) that the protest be decided by an 
individual above the level of the contracting officer, in which case 
the HCA will designate an APO to serve as the Deciding Official.
    (3) ``Interested Party'' means an actual or prospective offeror 
whose direct economic interest would be affected by the award of a 
contract or by the failure to award a contract.
    (b) Only interested parties may file a protest.
    (c) An interested party filing a protest with the DOJ has the 
choice of requesting either that the Contracting Officer or the APO 
decide the protest.
    (d) A protest filed directly with the DOJ shall:
    (1) Indicate that it is a protest to DOJ.
    (2) Be filed with the Contracting Officer.
    (3) State whether the protestor chooses to have the Contracting 
Officer or the Agency Protest Official decide the protest. If the 
protestor is silent on this matter, the Contracting Officer will decide 
the protest.
    (4) Indicate whether the protestor prefers to make an oral or 
written presentation of arguments in support of the protest to the 
deciding official.
    (5) Include the information required by FAR 33.103(d)(2):
    (i) Name, address, facsimile number and telephone number of the 
protestor.
    (ii) Solicitation or contract number.
    (iii) Detailed statement of the legal and factual grounds for the 
protest, to include a description of resulting prejudice to the 
protestor.
    (iv) Copies of relevant documents.
    (v) Request for a ruling by the agency.
    (vi) Statement as to the form of relief requested.
    (vii) All information establishing that the protestor is an 
interested party for the purpose of filing a protest.
    (viii) All information establishing the timeliness of the protest.
    (e) The decision by the APO is an alternative to a decision by the 
Contracting Officer. The APO will not consider appeals from the 
Contracting Officer's decision on an agency protest and a decision by 
the APO is final and not appealable.
    (f) The Deciding Official may conduct a scheduling conference. The

[[Page 47139]]

scheduling conference, if conducted, will establish deadlines for oral 
or written arguments in support of the agency protest and for agency 
officials to present information in response to the protest issues. The 
deciding official may hear oral arguments in support of the agency 
protest at the same time as the scheduling conference, depending on 
availability of the necessary parties.
    (g) Oral conferences may take place either by telephone or in 
person.
    (h) The protestor has only one opportunity to support or explain 
the substance of its protest. DOJ procedures do not provide for any 
discovery. The deciding official may request additional information 
from the agency or the protestor. The deciding official will resolve 
the protest through informal presentations or meetings to the maximum 
extent practicable.
    (i) A protestor may represent itself or be represented by legal 
counsel. The DOJ will not reimburse the protester for any legal fees 
related to the agency protest.
    (j) The DOJ will stay award or suspend contract performance in 
accordance with FAR 33.103(f), unless the contract award is justified, 
in writing, for urgent and compelling reasons or is determined, in 
writing, to be in the best interest of the Government. The 
justification or determination shall be approved at a level above the 
Contracting Officer. The stay or suspension, unless over-ridden, 
remains in effect until the protest is decided, dismissed, or 
withdrawn.
    (k) The deciding official will make a best effort to issue a 
decision on the protest within thirty-five (35) days after the filing 
date. The decision shall be written, and provided to the protestor 
using a method that provides for evidence of receipt.
    (l) The DOJ may dismiss or stay proceedings on an agency protest if 
a protest on the same or similar basis is filed with a forum outside 
DOJ.
(End of Clause)

    Dated: July 18, 2022.
Jolene Ann Lauria,
Acting Assistant Attorney General for Administration.

    Note: The following appendix will not appear in the Code of Federal 
Regulations.

Appendix--Sections of the JAR That Are Being Proposed for Removal and/or
                                Renaming
------------------------------------------------------------------------
         Current JAR provision                     Disposition
------------------------------------------------------------------------
2801.2 Administration..................  Not Replaced. New 2801.1
                                          Purpose, Authority, Issuance.
2801.270-1 Revisions...................  Not Replaced.
2801.470 Requests for Class Deviations.  Now 2801.404.
2801.602 Contracting Officer...........  Not Replaced.
2801.602-3 Ratification of Unauthorized  Not Replaced.
 Commitments.
2801.603 Selection, Appointment and      Not Replaced.
 Termination of Appointment.
2801.603-1 Department of Justice         Not Replaced.
 Acquisition Career Management Program.
2801.603-3 Appointment.................  Not Replaced. [Addressed
                                          Contracting Officer's
                                          Representative (COR)
                                          appointment below Micro
                                          Threshold.]
2801.70 Contracting Officer's Technical  New Section 2801.604 addresses
 Representative (COTR).                   COR.
2801.7001-701 General..................  New 2801.604 addresses COR.
2801.7001-702 Selection, Appointment     New 2801.604 addresses COR.
 and Limitation of Authority.
2803.104-10 Violations or Possible       Now 2803.104-7.
 Violations.
2803.104-70 Ethics Program Training      Not Replaced.
 Requirements.
2804.403 Responsibilities of             Not Replaced.
 Contracting Officers.
2804.470 Contractor Personnel Security   Now 2804.402-70--Contractor
 Program.                                 Personal Security Program.
2804.470-1 Policy......................  See 2804.402-70.
2804.470-2 Responsibilities............  See 2804.402-70.
2804.5 Electronic Commerce in            Not Replaced.
 Contracting.
2804.506 Exemptions....................  Not Replaced.
2804.6 Contract Reporting..............  Now 2804.903-70.
2804.602 Federal Procurement Data        Now 2804.903-70.
 System.
2804.8 Government Contract Files.......  Not Replaced.
2804.805 Storage, Handling, and          Not Replaced.
 Contract Files.
2804.902 Contract Information..........  Now addressed in 2804.903-70.
2804.970 Special Reporting Exceptions..  Now addressed in 2804.903-71.
2805.201-70 Departmental Notification..  Not Replaced.
2805.3 Synopses of Contract Awards.....  Now 2805.2 Synopsis of Proposed
                                          Contract Actions.
2805.302-70 Departmental Notification..  Not Replaced.
2805.503-70 Procedures.................  Not Replaced.
2806.302 Circumstances Permitting Other  Now addressed in 2806.3.
 Than Full and Open Competition.
2806.302-7 Public Interest.............  Not Replaced.
2806.302-70 Determinations and Findings  Now addressed in 2806.304
                                          Approval of the Justification.
2806.303 Justifications................  See above.
2806.303-1 Requirements................  See above.
2806.303-2 Content.....................  See above.
2806.502 Duties and Responsibilities...  Now 2806.5 Advocates for
                                          Competition.
2807.102 Policy........................  Now 2807.1 addresses
                                          Acquisition Planning.
2807.102-70 Applicability..............  Now 2807.1 addresses
                                          Acquisition Planning.
2807.103-70 Other Officials'             Now 2807.1 addresses
 Responsibilities.                        Acquisition Planning.
2807.105 Contents of Written             Now 2807.1 addresses
 Acquisition Plans.                       Acquisition Planning.
2807.5 Inherently Governmental           Not Replaced.
 Functions.
2807.503 Policy........................  Not Replaced.
2809.404 List of Parties Excluded From   Not Replaced.
 Federal Procurement and Nonprocurement
 Programs.
2811.001 Definitions...................  [Not replaced, but part 2811
                                          Still ``Describing Agency's
                                          Needs''.]

[[Page 47140]]

 
2811.104-70 Brand-Name or Equal          Not Replaced.
 Description.
2813.7001 Policy.......................  Now 2813.70-1. [Part 2813
                                          addresses Simplified
                                          Acquisitions.]
2813.7002 Procedures...................  Now in 2813.70-2.
2814.409 Information to Bidders........  Not Replaced.
2814.409-2 Award of Classified           Not Replaced.
 Contracts.
2815.205 Issuing Solicitations.........  Not Replaced.
2815.404-2 Information to Support        Renamed ``Data to Support
 Proposal Analysis.                       Proposal Analysis''.
2815.207 Handling Proposals and          Not Replaced.
 Information.
2815.404-4 Profit......................  Not Replaced.
2815.407-4 Should-Cost Review..........  Not Replaced.
2816.6 Time-And-Materials, Labor-Hour,   Not Replaced.
 and Letter Contracts.
2816.601 Time-And-Material Contracts...  Not Replaced.
2816.603-2 Application.................  Not Replaced.
2816.603-3 Limitations.................  Not Replaced.
2817.108 Congressional Notification....  Not Replaced. [But Multi-Year
                                          Contracting now at part 2817.]
2817.605 Award, Renewal and Extension..  Not Replaced. [Multi-Year
                                          Contracting now at part 2817.]
2819.506 Withdrawing or Modifying Set-   Not Replaced.
 Asides.
2819.6 Certificates of Competency and    Not Replaced.
 Determinations of Eligibility.
2819.602 Procedures....................  Not Replaced.
2819.602-1 Referral....................  Not Replaced.
2819.70 Forecasts of Expected Contract   Not Replaced.
 Opportunities.
2819.7001 General......................  Not Replaced.
2819.7002 Procedures...................  Not Replaced.
2822.13 SERVICE DISABLED AND VIETNAM     Renamed Equal Opp. For
 ERA VETERANS.                            Veterans.
2822.303 Waivers.......................  Not Replaced.
2823 ENVIRONMENT CONSERVATION,           Renamed ENVIRONMENT, ENERGY AND
 OCCUPATIONAL SAFETY, AND DRUG-FREE       WATER EFFICIENCY, RENEWABLE
 WORKPLACE.                               ENERGY TECHNOLOGIES,
                                          OCCUPATIONAL SAFETY, AND DRUG-
                                          FREE WORKPLACE.
2823.1 Pollution Control and Clean Air   Not Replaced.
 and Water.
2823.107 Compliance Responsibilities...  Not Replaced.
2823.303-70 Departmental Contract        Renamed Unsafe Conditions Due
 Clause.                                  to Hazardous Material.
2823.4 USE OF RECOVERED MATERIALS......  Now ``USE OF RECOVERED
                                          MATERIALS AND BIOBASED
                                          PRODUCTS''.
2823.403 Policy........................  Not Replaced.
2823.404 Procedures....................  Renamed ``Agency affirmative
                                          procurement programs''.
Part 2824 Protection of Privacy and      Not Replaced.
 Freedom of Information.
2824.2 Freedom of Information Act......  Not Replaced.
2824.202 Policy........................  Not Replaced.
2825.203 Evaluating Offers.............  Now 2825.204.
2825.3 BALANCE OF PAYMENT PROGRAM--....  Not Replaced.
2825.3 Policy..........................  [There were two sections
                                          labelled 2825.3.] Not
                                          Replaced.
2825.9 Additional Foreign Acquisition    Not Replaced.
 Clause.
2825.901 Omission of Audit Clause......  Not Replaced.
2828.1 Bonds...........................  Now BONDS AND OTHER FINANCIAL
                                          PROTECTIONS.
2828.2 Sureties........................  Now SURETIES AND OTHER SECURITY
                                          FOR BONDS.
2831.205-32 Precontract Costs..........  Not Replaced.
2832.903 Policy [under PROMPT PAYMENT].  Renamed ``Responsibilities.''
2842.15 Contractor Performance           Not Replaced.
 Information.
2842.1502 Policy.......................  Not Replaced.
2842.1503 Procedures...................  Not Replaced.
2845.105 Records of Government Property  Renamed, but still at 2845.105.
2845.505-14 Report of Government         Renamed, now at 2845.105-70.
 Property.
2845.6 Reporting, Redistribution, and    Now part of 2845.105-70.
 Disposal of Contactor Inventory.
2845.603 Disposal Methods..............  Not Replaced.
2852.102-270 Incorporation in Full Text  Not Replaced.
2852.201-70 Contracting Officer's        Renamed Contracting Officer's
 Technical Representative.                Representative (COR).
2852.211-70 Brand Name or Equal........  Not Replaced.
------------------------------------------------------------------------


[FR Doc. 2022-15746 Filed 8-1-22; 8:45 am]
 BILLING CODE 4410-AR-P