[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Rules and Regulations]
[Page 22036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08858]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 201
RIN 0750-AI21
Defense Federal Acquisition Regulation Supplement: Contracting
Officer's Representative (DFARS Case 2013-D023)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to remove coverage concerning
contracting officer's representative responsibilities that is
procedural in nature.
DATES: Effective April 21, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571-372-
6104.
SUPPLEMENTARY INFORMATION:
I. Discussion
DoD is revising DFARS 201.602-2 to remove guidance that is internal
to DoD concerning contracting officer's representative (COR)
responsibilities. COR responsibilities, addressed at DFARS Procedures,
Guidance, and Information (PGI) 201.602-2, are also being revised in
conjunction with this DFARS change. Included in the PGI update is a
link to the DoD COR Handbook, dated March 22, 2012, which provides
detailed guidance on COR appointments and duties.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
Publication of proposed regulations, 41 U.S.C. 1707, is the statute
which applies to the publication of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute requires that a procurement policy,
regulation, procedure or form (including an amendment or modification
thereof) must be published for public comment if it relates to the
expenditure of appropriated funds, and has either a significant effect
beyond the internal operating procedures of the agency issuing the
policy, regulation, procedure or form, or has a significant cost or
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment, because the change is
not substantive and only modifies the internal operating procedures of
DoD.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 201
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 201 is amended as follows:
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
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1. The authority citation for 48 CFR 201 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
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2. Section 201.602-2 is revised to read as follows:
201.602-2 Responsibilities.
(d) Follow the procedures at PGI 201.602-2 regarding designation,
assignment, and responsibilities of a contracting officer's
representative (COR).
(1) A COR shall be an employee, military or civilian, of the U.S.
Government, a foreign government, or a North Atlantic Treaty
Organization/coalition partner. In no case shall contractor personnel
serve as CORs.
[FR Doc. 2014-08858 Filed 4-18-14; 8:45 am]
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