[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Rules and Regulations]
[Pages 59672-59673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16181]


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DEPARTMENT OF COMMERCE

Office of the Secretary

48 CFR Parts 1306 and 1353

[DOCKET NO.: 240711-0188]
RIN 0605-AA68


Discontinue Use of Form CD-492, Justification for Other Than Full 
and Open Competition

AGENCY: Office of the Secretary, Department of Commerce.

ACTION: Final rule.

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SUMMARY: The Department of Commerce (Commerce) is issuing this final 
rule to discontinue use of Form CD-492, Justification for Other Than 
Full and Open Competition, and to make an

[[Page 59673]]

editorial change to the associated regulations. The purpose of the 
administrative rulemaking is to cease the requirement for acquisition 
teams to use a prescribed form to document justifications for other 
than full and open competition under the Federal Acquisition Regulation 
(FAR) and to make an editorial change to the regulatory text to correct 
a reference to Department legal review procedures by replacing the word 
``concurrence'' with the word ``review.'' Contracting Officers will be 
required to comply with the content requirements set forth in the FAR 
when documenting their determinations.

DATES:  Effective: August 22, 2024.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Todd Hill, Procurement Analyst, at 240-490-1044, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Commerce is issuing this final rule to discontinue use of Form CD-
492, Justification for Other Than Full and Open Competition. The 
purpose of the administrative rulemaking is to cease the requirement 
for acquisition teams to use a prescribed form to document 
justifications for other than full and open competition under the 
Federal Acquisition Regulation (FAR) in 48 CFR part 6. The CD-492 was 
originally developed to provide consistency across Commerce when 
documenting the approval or disapproval of justifications for other 
than full and open competition within a hardcopy contract file. 
Commerce has fully transitioned to electronic contract files and the 
static form is no longer considered the most efficient method of 
documenting the approval or disapproval of such a justification. 
Contracting Officers will be required to comply with the content 
requirements set forth in FAR 6.303-2 when documenting their 
determinations. Commerce has also determined that an editorial change 
is necessary to better align with internal Commerce processes, 
therefore, Commerce will also make an editorial change to the last 
sentence of section 1306.303-70 to correct a reference to Department 
legal review procedures by replacing the word ``concurrence'' with the 
word ``review.''

Classification

    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Commerce determined that this rule qualifies for exemption from the 
Administrative Procedure Act's (APA) requirement for a public notice 
and comment period, and that it may therefore proceed directly to the 
final rule stage. Under 5 U.S.C. 553(b)(A), rulemakings that are rules 
of agency organization, procedure, or practice are exempt from 
providing the public with a notice and comment period. This rule only 
removes the requirement for acquisition teams to use Form CD-492. 
Therefore, this rule qualifies for the exemption and no public notice 
and comment period is required.
    Additionally, Commerce finds good cause to waive the notice and 
public comment period for this rule because the effect of the rule does 
not place any burden on the public or require the public to undertake 
or cease any particular action. Oppositely, this rulemaking only 
removes the requirement for acquisition teams to use Form CD-492. 
Therefore, a public notice and comment period would be unnecessary and 
qualifies for waiver under the APA (see 5 U.S.C. 553(b)(B)).

List of Subjects

48 CFR Part 1306

    Government procurement.

48 CFR Part 1353

    Government procurement, Reporting and recordkeeping requirements.

    Therefore, in accordance with 41 U.S.C. 414 and 48 CFR 1.301 
through 1.304, the Department of Commerce amends 48 CFR parts 1306 and 
1353 as follows:

PART 1306--COMPETITION REQUIREMENTS

0
1. The authority citation for part 1306 continues to read as follows:

    Authority:  41 U.S.C. 414; 48 CFR 1.301-1.304.


0
2. Revise section 1306.303-70 to read as follows:


1306.303-70  Documentation and legal review of justifications.

    The justification for providing for other than full and open 
competition in accordance with FAR 6.303-2 shall contain sufficient 
facts and rationale to justify the use of the authority cited and 
include all of the content set forth in FAR 6.303-2 as appropriate for 
the cited authority. If the estimated value of the procurement is over 
legal review thresholds, review by the Procurement Counsel is required.

PART 1353--FORMS

0
3. The authority citation for part 1353 continues to read as follows:

    Authority:  41 U.S.C. 414; 48 CFR 1.301-1.304.


1353.206  [Removed]

0
4. Remove section 1353.206.

Olivia J. Bradley,
Senior Procurement Executive and Director for Acquisition Management.
[FR Doc. 2024-16181 Filed 7-22-24; 8:45 am]
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