[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Rules and Regulations]
[Pages 26419-26424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12583]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
48 CFR Parts 1201, 1202, 1203, 1211, 1214, 1237, 1246, 1252, and
1253
Amendment of Department of Transportation Acquisition Regulations
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends the Transportation Acquisition
Regulation (TAR) to reflect the changes to the Federal Acquisition
Regulation through the Federal Acquisition Circular 90-42 and to delete
certification requirements.
DATES: This rule is effective June 13, 1997.
FOR FURTHER INFORMATION CONTACT: Charlotte Hackley, Office of
Acquisition and Grant Management, M-60, 400 Seventh Street SW.,
Washington, DC 20590: (202) 366-4267.
SUPPLEMENTARY INFORMATION:
A. Background
The Department of Transportation has determined that changes to the
Transportation Acquisition Regulation (TAR) are necessary to implement
and align it with 48 CFR Chapter Circulars 90-34 through 90-42, to
delete certification requirements, amend part 1211 to insert language
inadvertently omitted in 61 FR 50248, published September 25, 1996, and
to make minor editorial revisions and corrections.
B. Regulatory Analysis and Notices
The Department has determined that this action is not a significant
regulatory action under Executive Order 12866 or under the Department's
Regulatory Policies and Procedures. The Department does not believe
that there would be significant Federalism implications to warrant the
preparation of a Federalism assessment.
C. Regulatory Flexibility Act
The Department certifies that this final rule does not have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq., because the rule merely restates previous TAR coverage, deletes
certification requirements which do not significantly alter the amount
of information currently required, and makes minor editorial revisions.
D. Paperwork Reduction Act
There are no new information collection requirements that require
clearance previously approved under OMB Control No. 2105-0517.
List of Subjects in 48 CFR Parts 1201, 1202, 1203, 1211, 1214,
1237, 1246, 1252, and 1253
Government procurement.
The Final rule is issued under the delegated authority of 49 CFR
Part 1.59(p). This authority is redelegated to the Senior Procurement
Executive, issued this 7th day of May 1997, at Washington, DC.
David J. Litman,
Director of Acquisition and Grant Management.
Adoption of Amendments
For the reasons set out in the preamble, 48 CFR Chapter 12 is
amended as follows:
1. The authority citation for 48 CFR chapter 12, parts 1201, 1202,
1203, 1211, 1214, 1237, 1246, 1252, and 1253 continues to read as
follows:
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
PART 1201--FEDERAL ACQUISITION REGULATIONS SYSTEM [AMENDED]
1201.301-70 [Amended]
2. Section 1201.301-70 is amended by removing paragraph (a)(4) and
redesignating paragraph (a)(5) as (a)(4) and by removing in paragraph
(b) introductory text the words ``TAR Council System'' and adding in
their
[[Page 26420]]
place the words ``TAR/TAM change process''.
Section 1201.304(a) is revised to read as follows:
1201.304 Agency control and compliance procedures.
(a) DOT shall control the proliferation of acquisition regulations
and any revisions thereto (except as noted in paragraph (b) of this
section) by using an internal TAR change process that involves input
from many DOT elements including operating administration
representatives on the Procurement Management Council. The operating
administration member shall represent their operating administration's
viewpoint along with Departmentwide considerations in reaching a
decision on TAR changes.
* * * * *
PART 1202--DEFINITIONS OF WORDS AND TERMS
3. Section 1202.1 is amended by revising paragraphs (f) and (g) to
read as follows and by amending paragraph (i)(7) by removing the phrase
``/Office of the Secretary (OST)'':
1202.1 Definitions.
* * * * *
(f) Head of the agency or agency head means the Deputy Secretary
except for acquisition actions that, by the terms of a statute or
delegation, must be done specifically by the Secretary of
Transportation.
(g) Head of the contracting activity (HCA) means the individual
responsible for managing the contracting offices within an operating
administration who is a member of the Senior Executive Service or a
flag officer and is the same as the term ``head of the procuring
activity.''
* * * * *
PART 1203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
1203.409 [Amended]
4. Section 1203.409 is redesignated as section 1203.405.
PART 1211--DESCRIBING AGENCY NEEDS
5. Subparts 1211.1 and 1211.2 are added to read as follows:
Subpart 1211.1--Selecting and Developing Requirements Documents
1211.104 Items peculiar to one manufacturer.
1211.104-70 Offer evaluation and award, brand name or equal
descriptions.
(a) An offer may not be rejected for failure of the offered product
to equal a characteristic of a brand name product if it was not
specified in the brand name or equal description. However, if it is
clearly established that the unspecified characteristic is essential to
the intended end use, the solicitation may be defective and need to be
amended or the requirement resolicited.
(b) The contracting officer shall insert in the solicitation an
entry substantially as follows for completion by the offeror in the
item listing after each item or component part of an end item to which
a brand name or equal purchase description applies:
Offering on:
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Manufacturer's Name:
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Brand:
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No:
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(c) Except when bid samples are requested for brand name or equal
procurements, the following note shall be inserted in the item listing
after each brand name or equal item (or component part), or at the
bottom of each page, listing several such items, or in a manner that
may otherwise direct the offeror's attention to this note:
Offerors offering other than brand name items identified herein
should furnish with their offers adequate information to ensure that
a determination can be made as to the equality of the product(s)
offered (see the provision at (TAR) 48 CFR 1252.211-70, Brand Name
or Equal).
Subpart 1211.2--Using and Maintaining Requirements Documents
1211.204-70 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert the provision at (TAR) 48
CFR 1252.211-70, Brand Name or Equal, in solicitations using a brand
name or equal purchase description whenever practicable.
(b) The contracting officer shall insert the clause at (TAR) 48 CFR
1252.211.71, Index for Specifications, when an index or table of
contents may be furnished with the specification.
PART 1214--SEALED BIDDING
6. Section 1214.303(b) is amended by revising the certification to
read as follows:
1214.303 Modification or withdrawal of bids.
(b) * * *
I, as a bona fide agent for or representative of
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(Bidder's name and address), am authorized to withdraw the bid on
IFB No. ________ scheduled for opening on ________________ and
hereby acknowledge receipt of the unopened bid.
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(Name and telephone No.)
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(Date)
PART 1237--SERVICE CONTRACTING
7. Subpart 1237.1--Service Contracts--General is amended by adding
sections 1237.104 and 1237.104-90 to read as follows:
Subpart 1237.1--Service Contracts--General
1237.104 Personal services contracts. (USCG)
1237.104-90 Delegation of authority. (USCG)
PART 1246--QUALITY ASSURANCE
Subpart 1246.7--Warranties
1246.701-70 [Amended]
8. Section 1246.701-70, paragraph (b) of the definition Major
system is amended by removing the citation ``48 CFR 15.804-3(c)'' and
adding in its place the citation ``48 CFR 15.804-1''.
PART 1252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1252.219-70 [Amended]
9. Section 1252.219-70, is amended by removing paragraph (b) and
redesignating paragraph (c) as (b).
PART 1253--[AMENDED]
Subpart 1253.3--Forms
10. Part 1253, Forms DOT F 4220.4, DOT F 4220.43, DOT F 4220.45,
and DOT F 4220.46 are revised to read as follows:
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[FR Doc. 97-12583 Filed 5-13-97; 8:45 am]
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