[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5518-5520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3205]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
48 CFR Parts 1403, 1425, and 1452
RIN 1090-AA54
Department of the Interior Acquisition Regulation; Internal
Procedures
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
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SUMMARY: In the interests of streamlining processes and improving
relationships with contractors, this final rule amends the Department
of the Interior Acquisition Regulation (DIAR) by removing nonessential
portions of those regulations. The material being removed deals with
exclusively internal procedures. Other regulations that are not
obsolete and not currently part of 48 CFR are being added.
EFFECTIVE DATE: March 14, 1996.
FOR FURTHER INFORMATION CONTACT:
Mary L. McGarvey, Office of Acquisition and Property Management, (202)
208-3158.
SUPPLEMENTARY INFORMATION: Under the auspices of the National
Performance Review, a thorough review of the DIAR was conducted. The
review revealed unnecessary and outdated regulations, and some
excessively burdensome procedures.
In the interests of streamlining processes and improving
relationships with contractors, nonessential portions of the DIAR are
being removed from the CFR. The two subparts and two sections being
removed from Parts 1403 and 1425 deal with exclusively internal
procedures so codification is not necessary. Sections 1403.570 and
1452.203-70 concerning Restrictions on Endorsements are being added to
the CFR.
When the DIAR was issued in 1984 as a supplement to the Federal
Acquisition Regulation (FAR), FAR Part 3 required Agency regulations
prescribing ``Standards of Conduct''. The Department of the Interior
(DOI) regulations governing the conduct and responsibilities of regular
and special employees are contained in 43 CFR Part 20. Additional
guidance is contained in the DOI publication of ``Ethics, An Employee
Guide''. This information is strictly limited to internal agency
procedures and information and is issued as a supplement to the FAR
Section 3.101-3.
FAR 3.203 specifically requires agency personnel to report
suspected violations of the Gratuities clause to the contracting
officer or other designated official in accordance with agency
procedures. DIAR 1403.2 provides the implementation of FAR 3.203 as
required by the FAR. These are strictly limited to agency procedures in
implementation of FAR 3.203. These agency procedures do not have a
significant effect beyond the internal operating procedures of the
agency nor do they have a significant cost or administrative impact on
contractors or offerors. This language merely implements a higher level
issuance (FAR) that has previously undergone the public comment
process, and does not pose additional significant cost or
administrative impact on contractors or offerors or effect beyond the
internal operating procedures of DOI.
DIAR 1425--Foreign Acquisition implements FAR 25.202, 25.203,
25.204, and 25.205. This action will effect the removal of DIAR
1425.202 and 1425.204 from 48 CFR. These are strictly limited to
internal agency procedures in implementation of FAR. These agency
procedures do not have a significant effect beyond the internal
operating procedures of the agency or have a significant cost or
administrative impact on contractors or offerors. This language merely
implements a higher level issuance (FAR) that has previously undergone
the public comment process, and does not pose additional significant
cost or administrative impact on contractors or offerors or effect
beyond the internal operating procedures of DOI. DIAR 1425.203 and
1425.205 are revised and will be retained in 48 CFR. The revision and
retained language will be submitted and published under another interim
final action.
DIAR Section 1403.570 Restrictions on Contractor Advertising and
Section 1452.203-70 Restrictions on Endorsements are being added to 48
CFR. This section and related clause inform contractors of DOI's
position on endorsements and may have a minimal administrative impact
on contractors.
Required Determinations
The Department believes that public comment is unnecessary because
the material being removed is outdated or deals exclusively with
internal procedures. The added material is primarily normal Government
operating procedures. Therefore, in accordance with 5 U.S.C. 553(b)(B),
the Department finds good cause to publish this document as a final
rule. This rule was not subject of Office of Management and Budget
review under Executive Order 12866. This rule does not contain a
collection of information subject to the Paperwork Reduction Act of
1995 as amended (P.L. 104-13). In accordance with the Regulatory
Flexibility Act (5 U.S.C. 601 et seq), the Department has determined
that this rule will not have a significant economic impact on a
substantial number of small entities because no requirements are being
added for small businesses and no protections are being withdrawn. The
Department has determined that this rule does not constitute a major
Federal action having a significant impact on the human environment
under the National Environmental Policy Act of 1969. The Department has
certified that this rule meets the applicable standards provided in
Sections 2(a) and 2(b)(2) of Executive Order 12778.
List of Subjects in 48 CFR Parts 1403, 1425, and 1452
Government procurement, Reporting and recordkeeping requirements.
Dated: January 26, 1996.
Bonnie Cohen,
Assistant Secretary--Policy, Management and Budget.
Chapter 14 of Title 48 of the Code of Federal Regulations is
amended as follows:
1. The authority citation for 48 CFR parts 1403, 1425 and 1452
continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), and 5
U.S.C. 301.
2. Part 1403 is amended by removing Subpart 1403.1 and 1403.2 and
by adding new Subpart 1403.5 to read as follows:
PART 1403--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
Subpart 1403.5--Other Improper Business Practices
Sec.
1403.570 Restrictions on contractor advertising.
1403.570-1 Policy.
1403.570-3 Contract clause.
Subpart 1403.5--Other Improper Business Practices
1403.570 Restrictions on contractor advertising.
1403.570-1 Policy.
Award of a contract does not signify endorsement of the supplies or
services purchased, nor does it signify agreement with any views
espoused by officials of the awards. It is vital to the integrity of
the procurement system to avoid even the appearance of an improper
preference toward a particular vendor. Therefore, contractors shall not
be permitted to publicize, or otherwise circulate, promotional
materials which
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state or imply Governmental endorsement of a product, service or
position which the contractor represents.
1403.570-3 Contract clause.
CO's shall include the clause at 48 CFR 1452.203-70, Restriction on
Endorsements, in all solicitations, contracts and agreements which are
not executed in accordance with SAT procedures.
3. Part 1425 is amended by removing Sections 1425.202 and 1425.204.
4. Part 1452 is amended by adding new Section 1452.203-70 to read
as follows:
PART 1452--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1452.203-70 Restriction on endorsements.
As prescribed in 48 CFR 1403.570-3, insert the following clause in
all solicitations, contracts and agreements which are expected to
exceed the simplified acquisition threshold.
Restriction on Endorsements--Department of the Interior (Nov 1995)
The contractor shall not refer to contracts awarded by the
Department of the Interior in commercial advertising, as defined in
FAR 31.205-1, in a manner which states or implies that the product
or service provided is approved or endorsed by the Government, or is
considered by the Government to be superior to other products or
services. This restriction is intended to avoid the appearance of
preference by the Government toward any product or service. The
contractor may request a determination as to the propriety of
promotional material from the CO.
(End of Clause)
[FR Doc. 96-3205 Filed 2-12-96; 8:45 am]
BILLING CODE 4310-RF-M