[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Rules and Regulations]
[Pages 41-50]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28439]
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DEPARTMENT OF AGRICULTURE
Office of Procurement and Property Management
48 CFR Parts 401, 403, 404, 405, 406, 407, 408, 410, 411, 413, 414,
415, 416, 419, 422, 423, 424, 425, 426, 428, 432, 433, 434, 436,
439, 445, 450, 452, and 453
RIN 0599-AA11
Agriculture Acquisition Regulation: Miscellaneous Amendments
(AGAR Case 2004-01)
AGENCY: Office of Procurement and Property Management, USDA.
ACTION: Direct final rule.
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SUMMARY: The Department of Agriculture (USDA) is publishing technical
amendments to the Agriculture Acquisition Regulation (AGAR) as a final
rule. We use the direct final rule process to make non-controversial
changes to the AGAR. We are amending the AGAR to update organizational
references to USDA components; to update citations to statutes and to
Executive Orders; to update or clarify internal procedures; and to
reflect changes in the Federal Acquisition Regulation through Federal
Acquisition Circular 2001-24.
DATES: This rule will be effective on April 4, 2005, unless we receive
written adverse comments or written notice of intent to submit adverse
comments on or before February 2, 2005. If adverse comments are
received, USDA will publish a timely withdrawal of the rule in the
Federal Register.
ADDRESSES: Please submit any adverse comments, or a notice of intent to
submit adverse comments, identified by AGAR Case 2004-01 or Regulatory
Information Number (RIN) 0599-AA11, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include AGAR Case 2004-01 or
RIN 0599-AA11 in the subject line of the message.
Fax: (202) 720-8972.
Mail: U.S. Department of Agriculture, Office of
Procurement and Property Management, Procurement Policy Division, STOP
9303, 1400 Independence Avenue, SW., Washington, DC 20250-9303.
Hand Delivery/Courier: U.S. Department of Agriculture,
Office of Procurement and Property Management, Procurement Policy
Division, Reporter's Building, 300 7th Street, SW., Room 310A,
Washington, DC 20024.
All submissions received must include the agency name and AGAR Case
number or RIN for this rulemaking. All comments received will be posted
without change to http://www.usda.gov/procurement/policy/agar.html,
including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Joseph J. Daragan, (202) 720-5729.
SUPPLEMENTARY INFORMATION:
I. Background
II. Procedural Requirements
A. Executive Order Nos. 12866 and 12988
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
D. Small Business Regulatory Enforcement Fairness Act
E. Unfunded Mandates Reform Act
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
I. Background
The AGAR implements the Federal Acquisition Regulation (FAR) (48
CFR ch. 1) where further implementation is needed, and supplements the
FAR when coverage is needed for subject matter not covered by the FAR.
The AGAR is being revised to reflect changes in the FAR made by Federal
Acquisition Circulars (FACs) 97-02 through 2001-24 and to implement
changes in USDA delegated authorities and internal procedures since
October 2001. In this rulemaking document, USDA is making corrections
to the AGAR as a direct final rule, since the corrections are non-
controversial and unlikely to generate adverse comment. The corrections
are clerical or procedural in nature and do not affect the public.
Rules that an agency believes are noncontroversial and unlikely to
result in adverse comments may be published in the Federal Register as
direct final rules. The Office of Procurement and Property Management
published a policy statement in the Federal Register (63 FR 9158,
February 24, 1998) notifying the public of its intent to use direct
final rulemaking in appropriate circumstances.
[[Page 42]]
This rule makes the following changes to the AGAR:
(a) Added parts. We are adding parts 410 and 439 to the AGAR. Part
410 is added to establish procedures for market research. Part 439 is
added to incorporate supplementary guidance on USDA internal procedures
for acquisition of information technology.
(b) Added subparts. We have added the following subparts to the
AGAR:
(1) Subpart 404.2 is added to refer to internal procedures for
entering Taxpayer Identification Number information into USDA's
financial system.
(2) Subpart 404.11 is added to supplement FAR 4.11, Central
Contractor Registration, by clarifying the contracting officer's role
in the registration process.
(3) Subpart 425.6 is added to incorporate newly redesignated
425.602 (redesignated from 425.1002).
(c) Revised part. Part 423 is revised to reflect amendments to the
FAR, to establish agency procedures to implement FAR Part 23 as
amended, to remove directions concerning a superseded recycling and
waste prevention program, and to provide internal guidance concerning
its successor affirmative procurement program.
(d) Removed subparts. We have removed and reserved the following
subparts:
(1) Subpart 407.3 is removed and reserved pending revision to FAR
subpart 7.3 and Departmental directives to conform to the procedures
and policy of Office of Management and Budget Circular A-76 dated May
21, 2004.
(2) Subpart 425.3 is removed and reserved to reflect an amendment
to the FAR.
(3) Subpart 425.4 is removed and reserved because it is no longer
necessary to publicize redeterminations of the Trade Agreement Act
dollar thresholds as a Departmental Notice. The information is readily
available on the USDA procurement Web site.
(4) Subpart 426.70 is removed and reserved because legislation
establishing the program it implemented was repealed by Public Law 107-
171, section 6201(a). AGAR provisions 452.226-70 through 452.226-72 are
removed and reserved for the same reason.
(5) Subpart 445.6 is removed and reserved. This subpart implemented
a property-screening requirement that was removed from the FAR.
(6) Subpart 450.1 is removed and reserved to reflect an amendment
to the FAR.
(e) Redesignated sections. We have moved the following sections as
follows to reflect amendments to the structure of the FAR:
(1) Paragraph (a) of 403.104-10 is redesignated 403.104-7, and
paragraph (b) of 403.104-10 is removed.
(2) Section 403.409 is redesignated 403.405, and the citation
therein to the corresponding FAR segment is updated.
(3) Section 411.105 is redesignated 411.106.
(4) Section 432.905 is redesignated 432.904, and its heading is
amended.
(5) Section 432.906 is redesignated 432.007.
(f) Amendments to organizational references. The following
amendments reflect changes in organizational designations or
delegations of authority:
(1) In 401.301, ``Food and Consumer Service'' and ``Office of
Operations'' are amended to read ``Food and Nutrition Service'', and
``Departmental Administration'', respectively.
(2) Sections 404.403, 405.404-1, and 414.409-2 are amended to
reflect the delegation of authority over classified information to the
Personnel and Document Security Division, Office of Procurement and
Property Management.
(3) Subpart 408.7 is amended to reflect organizational changes and
a change in organizational title within USDA's Javits-Wagner-O'Day
(JWOD) program.
(4) Part 434 is amended to reflect the delegation of authority over
information technology acquisition to the Chief Information Officer.
(g) Paragraph (b) of 401.105-1 is revised to inform users that the
AGAR is no longer available in loose-leaf form. An electronic version
of the AGAR is available at USDA's Procurement Homepage for downloading
and reproduction.
(h) Paragraph (c) of 401.105-1 is revised to reflect the
cancellation of Office of Federal Procurement Policy Policy Letter 83-
2. Citations to the ``Hardin Statement of Policy'' (36 FR 13804, July
24, 1971), to the Office of Federal Procurement Policy Act, 41 U.S.C.
418b, and to FAR 1.301 are added to refer to other policy and law
governing amendments to the AGAR.
(i) Section 401.170 is revised to update the Internet address for
the USDA Procurement Homepage.
(j) Section 401.201-1 is amended to improve clarity.
(k) Section 401.371 is amended to specify that AGAR Advisories are
only available in electronic format.
(l) Section 403.502 is amended to correct a citation to the Anti-
Kickback Act (41 U.S.C. 51-58).
(m) Subpart 404.6 is amended to remove references to the USDA
Procurement Reporting System (PRS). PRS was a feeder system that has
been replaced by the Federal Procurement Data System-Next Generation
(FPDS-NG). Subpart 404.6 also is amended to implement changes in
reporting required by FAR 4.602, Federal Procurement Data System.
(n) Section 404.870 is revised, and 404.870-1 and 404.870-2 are
removed. Guidance on document numbering will be provided by AGAR
Advisories until USDA's Integrated Acquisition System is fully
implemented.
(o) Section 405.403 is amended to reflect an amendment to the FAR.
(p) Section 406.501 is revised to reflect a change in
organizational title and to add an internal notification requirement.
(q) Section 407.170 is amended to remove reference to a cancelled
Departmental Directive.
(r) Section 408.705 is amended as an editorial change, adopting the
phrase ``performance plan'' in preference to the phrase ``action
plan''.
(s) Section 408.1103 is amended to add references to alternative
fuels and tires with recovered material content.
(t) Section 411.101 is added to specify the level at which a
determination that a voluntary standard is inconsistent with law or
otherwise impracticable may be made.
(u) Sections 413.307 and 453.213 are amended to allow the use of
Optional Forms 347 and 348 when a simplified acquisition utilizes the
USDA Integrated Acquisition System.
(v) Paragraph (d) of 415.207 is amended to update a citation to FAR
3.104-4.
(w) Section 416.505 is amended to update an organizational title
and to require Heads of Contracting Activities to designate task order
ombudsmen for their contracting activities.
(x) Subpart 419.2 is revised to include HubZone and veteran-owned
small business concerns, to require small business coordinators to
review large contract requirements for bundling, and to remove fixed
due dates for subcontract reports, because these dates may vary.
(y) The heading of 419.508 is amended to reflect an amendment to
the FAR.
(z) The heading of subpart 419.6 is amended to reflect an amendment
to the FAR.
(aa) Section 422.604-2 is amended to update a citation to FAR
22.604-2(b).
(ab) Paragraph (b) of 422.807 is amended to reflect an amendment to
FAR 22.807.
(ac) Subpart 422.13 is revised as follows:
[[Page 43]]
(1) The heading of subpart 422.13 is amended to reflect an
amendment to the FAR.
(2) Section 422.1303 is redesignated 422.1305 and revised to
reflect an amendment to the FAR.
(3) Section 422.1306 is redesignated 422.1308, and the
corresponding citation to the FAR amended, to reflect an amendment to
the FAR.
(ad) The heading of subpart 422.14 is amended to reflect an
amendment to the FAR.
(ae) Section 422.1403 is amended to reflect an amendment to the
FAR.
(af) Section 424.203 is amended to remove unnecessary language.
(ag) Subpart 425.1 is revised to reflect amendments to the FAR.
(ah) The heading of 425.202 is amended, and the citation therein to
the FAR is amended, to reflect an amendment to the FAR.
(ai) Subpart 425.6 is added to incorporate material currently in
subpart 425.10, in order to reflect an amendment to the FAR. Section
425.1002 is redesignated 425.602, its heading is amended, and the
citation therein to the FAR is amended.
(aj) Subpart 425.9 is redesignated 425.10, and its heading is
amended, to reflect an amendment to the FAR.
(ak) Section 425.901 is redesignated 425.1001, and the citation
therein to the FAR is amended, to reflect an amendment to the FAR.
Subpart 425.9 is removed and reserved.
(al) The heading of subpart 428.1 is amended to reflect an
amendment to the FAR.
(am) The heading of subpart 428.2 is amended to reflect an
amendment to the FAR.
(an) Section 432.905 is redesignated 432.904, and its heading is
amended, to reflect an amendment to the FAR.
(ao) Section 432.906 is moved to 432.007 to reflect an amendment to
the FAR.
(ap) Section 433.104 is removed and reserved to simplify
USDA's internal protest procedures.
(aq) Section 452.211-70 is amended to correct an error in citation
to 452.211-71.
(ar) Section 452.232-70 is amended to correct a typographical
error.
(as) Section 452.236-78 is removed and reserved. This section
referred to standard specifications that are now obsolete.
II. Procedural Requirements
A. Executive Orders Nos. 12866 and 12988
USDA prepared a work plan for this regulation and submitted it to
the Office of Management and Budget (OMB) pursuant to Executive Order
No. 12866. OMB determined that the rule was not significant for the
purposes of Executive Order No. 12866. Therefore, the rule has not been
reviewed by OMB. USDA has reviewed this rule in accordance with
Executive Order No. 12988, Civil Justice Reform. The rule meets the
applicable standards in section 3 of Executive Order No. 12988.
B. Regulatory Flexibility Act
USDA reviewed this rule under the Regulatory Flexibility Act, 5
U.S.C. 601-611, which requires preparation of a regulatory flexibility
analysis for any rule which is likely to have significant economic
impact on a substantial number of small entities. USDA certifies that
this rule will not have a significant economic effect on a substantial
number of small entities, and, therefore, no regulatory flexibility
analysis has been prepared. However, comments from small entities
concerning parts affected by the proposed rule will be considered. Such
comments must be submitted separately and cite 5 U.S.C. 609 (AGAR Case
2004-01) in correspondence.
C. Paperwork Reduction Act
No information collection or recordkeeping requirements are imposed
on the public by this rule. Accordingly no OMB clearance is required by
the Paperwork Reduction Act, 44 U.S.C. Chapter 35, or OMB implementing
regulations at 5 CFR part 1320.
D. Small Business Regulatory Enforcement Fairness Act
A report on this rule has been submitted to each House of Congress
and the Comptroller General in accordance with the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801-808. This
rule is not a major rule for purposes of the Act.
E. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
tribal governments and the private sector. USDA has determined that
this rule does not contain a Federal mandate. USDA has also determined
that this rule would not significantly or uniquely affect small
governments. Accordingly, the rule is not subject to the requirements
of Title II of UMRA.
F. Executive Order 13132: Federalism
Executive Order 13132, Federalism (64 FR 43255, August 10, 1999),
imposes requirements in the development of regulatory policies that
have federalism implications. ``Policies that have federalism
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
USDA has determined that this rule does not have federalism
implications. It will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
The rule will not impose substantial costs on States and localities.
Accordingly, this rule is not subject to the procedural requirements of
Executive Order 13132 for regulatory policies having federalism
implications.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments (65 FR 67249, November 9, 2000), imposes
requirements in the development of regulatory policies that have tribal
implications. Executive Order 13175 defines ``policies that have tribal
implications'' as those having ``substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.'' USDA has determined
that this rule does not have tribal implications and, therefore, the
consultation and coordination requirements of Executive Order 13175 do
not apply to this rule.
List of Subjects in 48 CFR Parts 401, 403, 404, 405, 406, 407, 408,
410, 411, 413, 414, 415, 416, 419, 422, 423, 424, 425, 426, 428,
432, 433, 434, 436, 439, 445, 450, 452, and 453
Acquisition regulations, Government contracts, Government
procurement, Procurement.
0
For the reasons set out in the preamble, 48 CFR Chapter 4 is amended as
set forth below:
0
1. The authority citation for parts 401, 403, 404, 405, 406, 407, 408,
411, 413, 414, 415, 416, 419, 422, 424, 425, 426, 428, 432, 433, 436,
445, 450, 452, and 453 continues to read as follows:
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
[[Page 44]]
PART 401--AGRICULTURE ACQUISITION REGULATION SYSTEM
0
2. Revise paragraphs (b) and (c) of 401.105-1 to read as follows:
401.105-1 Publication and code arrangement.
* * * * *
(b) The AGAR and its subsequent changes are published in:
(1) Daily issues of the Federal Register,
(2) Cumulative form in the CFR, and,
(3) Electronic form on the USDA Departmental Administration
Procurement Homepage (see 401.170).
(c) Section 553(a)(2) of the Administrative Procedure Act, 5 U.S.C.
553, provides an exception from the standard public rulemaking
procedures to the extent that the rule involves a matter relating to
agency management or personnel or to public property, loans, grants,
benefits, or contracts. In 1971, Secretary of Agriculture Hardin
announced a voluntary partial waiver from the Administrative Procedure
Act exception, and USDA agencies generally are required to provide
notice and an opportunity for public comment on proposed rules (36 FR
13804, July 24, 1971). The AGAR has been promulgated and may be revised
from time to time in accordance with the rulemaking procedures of the
Administrative Procedure Act. The USDA also is required to publish for
public comment procurement regulations in the Federal Register,
pursuant to the Office of Federal Procurement Policy Act (41 U.S.C.
418b), and FAR 1.301.
0
3. Amend 401.170 to remove ``URL http://www.usda.gov/da/procure.html''
and add, in its place, ``URL http://www.usda.gov/procurement/''.
0
4. Revise paragraph (b) of 401.201-1 to read as follows:
401.201-1 The two councils.
* * * * *
(b) The Procurement Policy Division will coordinate proposed FAR
revisions within USDA.
0
5. Amend 401.301 as follows:
0
a. Remove ``Food and Consumer Service'' and add, in its place, ``Food
and Nutrition Service''.
0
b. Remove ``Office of Operations'' and add, in its place,
``Departmental Administration''.
0
6. Add paragraph (d) to 401.371, to read as follows:
401.371 AGAR Advisories.
* * * * *
(d) AGAR Advisories are only available in electronic format on the
USDA Procurement Web site at http://www.usda.gov/procurement/.
PART 403--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
7. Remove ``(a)'' and paragraph (b) in 403.104-10, and redesignate
403.104-10 as 403.104-7.
0
8. Amend 403.409 to remove ``FAR 3.409(b)'', and add, in its place,
``FAR 3.405(b)'', and redesignate 403.409 as 403.405.
0
9. Amend 403.502 to remove ``(41 U.S.C. 51-54)'', and add, in its
place, ``(41 U.S.C. 51-58)''.
PART 404--ADMINISTRATIVE MATTERS
0
10. Revise the table of contents to read as follows:
Subpart 404.2--Contract Distribution
Sec.
404.203 Taxpayer identification information.
Subpart 404.4--Safeguarding Classified Information Within Industry
404.403 Responsibilities of contracting officers.
Subpart 404.6--Government Contract Reporting
404.601 [Reserved]
404.602 Federal Procurement Data System.
Subpart 404.8--Government Contract Files
404.870 Document numbering system.
Subpart 404.11--Central Contractor Registration
404.1103 Procedures.
Subpart 404.70--Precontract Notices
404.7001 Solicitation provision.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
0
11. Add subpart 404.2 to read as follows:
Subpart 404.2--Contract Distribution
404.203 Taxpayer identification information.
(a) If the contractor furnishes taxpayer identification number
(TIN) and type of organization information pursuant to solicitation
provision 52.204-3 or 52.212-3, and the USDA Office of the Chief
Financial Officer, Controller Operations Division, New Orleans will be
the payment office, that information will be entered into the
Foundation Financial Information System (FFIS) in accordance with FFIS
Vendor Table Maintenance Procedures set forth in FFIS Bulletins issued
by the Office of the Chief Financial Officer and AGAR Advisories issued
by the Office of Procurement and Property Management.
(b) Separate submission of the TIN or type of organization
information, in accordance with 52.204-3 or 52.212-3, is not required
for contractors registered in the Central Contractor Registration (CCR)
database.
0
12. Revise 404.403 to read as follows:
404.403 Responsibilities of contracting officers.
When a proposed solicitation is likely to require access to
classified information, the contracting officer shall consult with the
Information Security Staff, Personnel and Document Security Division,
Office of Procurement and Property Management, regarding the procedures
that must be followed.
404.601 [Removed and Reserved]
0
13. Remove and reserve 404.601.
0
14. Revise 404.602 to read as follows:
404.602 Federal Procurement Data System.
(a) Contracting activities shall report contract actions into the
Federal Procurement Data System in accordance with the instructions
issued or distributed by the SPE.
(b) The unique identifier for each contract action reported to the
Federal Procurement Data System shall begin with the two-letter USDA
Agency Prefix ``AG''.
0
15. Revise subpart 404.8 to read as follows:
Subpart 404.8--Government Contract Files
404.870 Document numbering system.
The SPE shall issue AGAR Advisories to establish and maintain a
numbering system for USDA contracts, modifications, and delivery/task
orders. USDA contracting offices shall number contracts, modifications,
and orders in accordance with this numbering system.
0
16. Add subpart 404.11 to read as follows:
Subpart 404.11--Central Contractor Registration
404.1103 Procedures.
(a) Contracting officers and other USDA employees shall not enter
information into the Central Contractor Registration (CCR) database on
behalf of prospective contractors. Prospective contractors who are
unable to register on-line at the CCR Web site should be advised to
submit a written application to CCR for registration into the CCR
database. USDA employees may assist prospective contractors by
downloading
[[Page 45]]
the registration template, CCR handbook, and other information from the
CCR Web site and providing copies of that material to requesters.
Written applications for registration may be submitted to Department of
Defense Central Contractor Registration, 74 Washington Ave., Suite 7,
Battle Creek, MI 49017-3084.
(b) Verification that the prospective contractor is registered in
the CCR database shall be done via the CCR Internet Web site http://www.ccr.gov. This verification process using the CCR Web site applies
both to acquisitions executed using USDA legacy procurement systems and
the USDA Integrated Acquisition System.
(c) AGAR Advisories issued by the Office of Procurement and
Property Management will address internal procedures for integration of
contractor information in the CCR database with the USDA FFIS payment
system.
PART 405--PUBLICIZING CONTRACT ACTIONS
405.403 [Amended]
0
17. Amend 405.403 to remove ``FAR 5.403(a)'' and add, in its place,
``FAR 5.403''.
0
18. Revise paragraph (b) of 405.404-1 to read as follows:
405.404-1 Release procedures.
* * * * *
(b) Classified information shall not be released without the
approval of the Information Security Staff, Personnel and Document
Security Division, Office of Procurement and Property Management.
Departmental Manuals and Regulations (3400 series) contain guidance on
classified information.
PART 406--COMPETITION REQUIREMENTS
0
19. Revise 406.501 to read as follows:
406.501 Requirements.
(a) The Chief, Procurement Policy Division, Office of Procurement
and Property Management, has been designated as the Competition
Advocate for USDA.
(b) Each HCA shall designate a competition advocate for the
contracting activity. The HCA shall forward a copy of the designation
memorandum to the Competition Advocate for USDA.
PART 407--ACQUISITION PLANNING
0
20. Revise 407.170 to read as follows:
407.170 Advance acquisition plans.
Each HCA shall maintain an advance acquisition planning system.
Subpart 407.3--[Removed and Reserved]
0
21. Remove and reserve subpart 407.3.
PART 408--REQUIRED SOURCES OF SUPPLIES AND SERVICES
Subpart 408.7--Amended
0
22. Amend subpart 408.7 to remove the word ``Advocate'' wherever it
appears and add, in its place, the word ``Liaison.''
0
23. Revise 408.701 to read as follows:
408.701 Definitions.
Committee Member is the Presidential appointee representing USDA as
a member of the Committee for Purchase from People Who Are Blind or
Severely Disabled.
Organization head is the Under Secretary or Assistant Secretary of
a mission area or the head of a USDA staff office.
408.705 [Amended]
0
24. Amend 408.705 to remove the word ``action'' and add, in its place,
the word ``performance.''
0
25. Revise 408.1103 to read as follows:
408.1103 Contract requirements.
If the requirement includes the need for the vendor to provide
operational maintenance such as fueling, lubrication, or other fluid
changes or replenishment, the contracting officer shall include in the
contract:
(1) A requirement for the use of fluids and lubricants containing
the maximum available amounts of recovered materials, and alternative
fuels whenever available; and
(2) A preference for retreaded tires meeting the Federal retread
specifications, tires with the maximum recovered material content, or
retreading services for the tires on the vehicle.
PART 410--MARKET RESEARCH
0
26. Add new Part 410, to read as follows:
Sec.
410.001 Policy.
410.002 Procedures.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c)
410.001 Policy.
In addition to those uses listed in FAR 10.001, agencies must use
the results of market research to--
(a) Ensure the minimum use of hazardous or toxic materials;
(b) Ensure the maximum use of biobased products and biofuels; and
(c) Identify products and services on or eligible for addition to
the Javits-Wagner-O'Day Act Procurement List in order to achieve USDA's
goal to increase participation in this program.
410.002 Procedures.
Market research must include obtaining information on the
commercial quality assurance practices as an alternative for Government
inspection and testing prior to tender for acceptance.
PART 411--DESCRIBING AGENCY NEEDS
0
27. Add new 411.101, as follows:
411.101 Order of precedence for requirements documents.
(a) Office of Management and Budget (OMB) Circular A-119
establishes a Federal policy requiring the use of voluntary consensus
standards in lieu of government-unique standards except where
inconsistent with law or otherwise impractical.
(b) The HCA is authorized to submit the determination required by
OMB Circular A-119 that a voluntary standard is inconsistent with law
or otherwise impracticable. The HCA must submit the determination to
OMB through the National Institute of Standards and Technology in
accordance with the Circular with a copy provided to the SPE.
0
28. Redesignate 411.105 as 411.106.
PART 413--SIMPLIFIED ACQUISITION PROCEDURES
0
29. Revise 413.307 to read as follows:
413.307 Forms.
Form AD-838, Purchase Order, is prescribed for use by USDA in lieu
of Optional Forms (OFs) 347 and 348 except that use of the OF 347 and
OF 348 is authorized when utilizing the USDA Integrated Acquisition
System.
PART 414--SEALED BIDDING
0
30. Revise 414.409-2 to read as follows:
414.409-2 Award of classified contracts.
Disposition of classified information shall be in accordance with
Departmental Regulation and Manual (3400 Series) and in accordance with
direction issued by the Information Security Staff, Personnel and
Document Security Division, Office of Procurement and Property
Management.
[[Page 46]]
PART 415--CONTRACTING BY NEGOTIATION
415.207 [Amended]
0
31. In paragraph (d) of 415.207, remove ``FAR 3.104-5'', and add, in
its place, ``FAR 3.104-4''.
PART 416--TYPES OF CONTRACTS
0
32. Revise paragraphs (a) and (b) of 416.505 to read as follows:
416.505 Ordering.
(a) The Chief, Procurement Policy Division, Office of Procurement
and Property Management, has been designated as the Departmental Task
Order Ombudsman.
(b) Each HCA shall designate a task order ombudsman for the
contracting activity. The HCA shall forward a copy of the designation
memorandum to the Departmental Task Order Ombudsman. Contracting
activity ombudsmen shall review and resolve complaints from contractors
concerning task or delivery orders placed by the contracting activity.
* * * * *
PART 419--SMALL BUSINESS PROGRAMS
0
33.-35. Revise subpart 419.2 to read as follows:
Subpart 419.2--Policies
Sec.
419.201 General policy.
419.201-70 Office of Small and Disadvantaged Business Utilization
(OSDBU).
419.201-71 Small business coordinators.
419.201-73 Reports.
419.201 General policy.
It is the policy of USDA to provide maximum practicable contracting
and subcontracting opportunities to small business (SB), small
disadvantaged business (SDB), HUBZone small business, women-owned
business (WOB), veteran-owned small business (VOSB), and service-
disabled veteran-owned small business (SDVOSB) concerns.
419.201-70 Office of Small and Disadvantaged Business Utilization
(OSDBU).
The Office of Small and Disadvantaged Business Utilization (OSDBU)
develops rules, policy, procedures and guidelines for the effective
administration of USDA's small business program that includes all
categories named under 419.201.
419.201-71 Small business coordinators.
The head of the contracting activity (HCA) or a representative of
the HCA shall designate in writing a small business coordinator in each
contracting office. Supervisors of small business coordinators are
encouraged to provide sufficient time for the coordinators to carry out
their small business program duties. Coordinators' duties shall
include, but not be limited to, the following:
(a) Reviewing each proposed acquisition expected to exceed the
simplified acquisition threshold prior to its solicitation. The
coordinator shall:
(1) Recommend section 8(a), HUBZone, or SDVOSB action and identify
potential contractors, or
(2) Identify available SDB, WOB, and VOSB to be solicited by
competitive procedures. Coordinators shall document the contract file
with recommendations made and actions taken.
(b) Participating in goal-setting procedures and planning
activities and establishing aggressive SDB, WOB, and SDVOSB goals based
on the annual review of advance acquisition plans.
(c) Participating in the review of those contracts which require
the successful offeror to submit written plans for the utilization of
small businesses as subcontractors to include all preference program
areas in 419.201.
(d) Ensuring that purchases exceeding $2,500 and not exceeding the
simplified acquisition threshold are reserved exclusively for small
businesses, including all preference program areas named in 419.201.
This policy shall be implemented unless the contracting officer is
unable to obtain offers from two or more small business concerns that
are competitive with market prices and in terms of quality and delivery
of the goods or services being purchased.
(e) Maintaining comprehensive source listings of small businesses.
(f) Upon written request, providing small businesses (in the
preference program areas named in 419.201) the bidders' mailing lists
of individuals receiving solicitations which will contain the
subcontracting clause entitled ``Utilization of Small Business
Concerns'' (FAR 52.219-8). These lists may be limited to those supplies
or services of major interest to the requesting firms.
(g) Developing a program of contacts with local and small (to
include all preference program areas named in 419.201) trade, business,
and professional associations and organizations and Indian tribal
councils to apprise them of USDA's program needs and recurring contract
requirements.
(h) Periodically meeting with program managers to discuss
requirements of the small business preference program, to explore the
feasibility of breaking large complex requirements into smaller lots
suitable for participation by small firms, and to encourage program
managers to meet with these firms so that their capabilities can be
demonstrated.
(i) Establishing internal operating procedures which implement the
requirements of the regulations as set forth in this part 419.
(j) Compiling data and preparing all reports pertaining to the
small business program activities, and ensuring that these reports are
accurate, complete and up-to-date.
(k) Assisting and counseling small business firms.
(l) Reviewing proposed large contract requirements that may be
bundled to determine the potential for breaking out components suitable
for purchase from small business firms.
(m) Ensuring that the SBA Resident Procurement Center
Representative (PCR) is provided an opportunity and reasonable time to
review any solicitation that meets the dollar threshold for small
business (including all preference program areas named in 419.201)
subcontracting plans.
419.201-73 Reports.
The Director, OSDBU, shall be responsible for submitting reports
concerning USDA's progress and achievements in the procurement
preference program.
0
36. Amend the heading of 419.508 to remove ``Solicitation provisions''
and add, in its place, ``Solicitation provisions and contract
clauses''.
0
37. Amend the heading of subpart 419.6 to remove ``Determinations of
Eligibility'' and add, in its place, ``Determinations of
Responsibility''.
PART 422--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
422.604-2 [Amended]
0
38.-39. Amend 422.604-2 as follows:
0
a. Remove ``FAR 22.604-2(c)'' and add, in its place, ``FAR 22.604-
2(b)''.
0
b. Remove ``Secretary of labor'' and add, in its place, ``Secretary of
Labor''.
0
40. Amend 422.807 to remove ``Director, Office of Federal Contract
Compliance Programs'', and add, in its place, ``Deputy Assistant
Secretary for Federal Contract Compliance Programs, Department of
Labor''.
0
41. Revise subpart 422.13 to read as follows:
[[Page 47]]
Subpart 422.13--Special Disabled Veterans, Veterans of the Vietnam
Era, and Other Eligible Veterans
Sec.
422.1305 Waivers.
422.1308 Complaint procedures.
422.1305 Waivers.
(a) The Assistant Secretary for Administration is authorized to
make the waiver determination in FAR 22.1305(b) that a contract is
essential to the national security.
(b) The contracting officer shall submit requests for exemptions
under FAR 22.1305(a) and (b) through the HCA to the SPE for
determination by the Assistant Secretary for Administration or referral
to the Deputy Assistant Secretary for Federal Contract Compliance
Programs, Department of Labor as appropriate.
422.1308 Complaint procedures.
The contracting officer shall forward complaints received about the
administration of the Vietnam Era Veterans Readjustment Assistance Act
directly to the Department of Labor as prescribed in FAR 22.1308.
0
42. Amend the heading of subpart 422.14 to remove the words ``the
Handicapped'' and add, in their place, ``Workers With Disabilities''.
0
43. Amend paragraph (a) of 422.1403 to remove the words ``concurrence
of the Director, OFCCP'' and add, in their place, the words ``the
concurrence of the Deputy Assistant Secretary for Federal Contract
Compliance Programs, Department of Labor''.
PART 423--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
0
44. Revise Part 423 to read as follows:
Subpart 423.1--[Reserved]
Subpart 423.2--Energy and Water Efficiency and Renewable Energy
Sec.
423.202 Policy.
Subpart 423.4--Use of Recovered Materials
423.400 Scope of subpart.
423.402 [Reserved]
423.403 Policy.
423.404 Agency affirmative procurement programs.
423.405 Procedures.
Subpart 423.5--Drug-Free Workplace
423.506 Suspension of payments, termination of contract, and
debarment and suspension actions.
Subpart 423.6--Notice of Radioactive Material
423.601 Requirements.
Subpart 423.7--Contracting for Environmentally Preferable Products and
Services
423.703 Policy.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Subpart 423.1--[Reserved]
Subpart 423.2--Energy and Water Efficiency and Renewable Energy
423.202 Policy.
Information on Energy Star, energy efficient, water efficient, and
low standby products covered by this policy is available via the
Internet at http://www.eere.energy.gov/femp/technologies/eeproducts.cfm.
Subpart 423.4--Use of Recovered Materials
423.400 Scope of subpart.
This subpart implements and supplements FAR policies and procedures
for acquiring products and services when preference is given to offers
of products containing recovered materials. This subpart further
supplements FAR subpart 23.4 by providing guidance for affirmative
procurement programs in accordance with Executive Order 13101 and 42
U.S.C. 6962.
423.402 [Reserved]
423.403 Policy.
It is the policy of USDA to acquire and use Environmental
Protection Agency (EPA) designated recycled content products.
423.404 Agency affirmative procurement programs.
The USDA affirmative procurement program (APP) policy applicable to
all USDA agencies and staff offices is hereby established. The
components of this APP include:
(a) Recovered Materials Preference Program. In accord with the
requirements of Section 402(c) of Executive Order 13101, Greening the
Government Through Recycling, Waste Prevention, and Federal
Acquisition, USDA agencies will include, in all applicable
solicitations and contracts, a preference for products and services
which meet or exceed the EPA purchasing guidelines as contained in the
EPA product Recovered Materials Advisory Notices (RMANs). Agencies may
choose an evaluation factor preference, or other method of indicating
preference in accord with their agency needs. Agencies will, as
appropriate, eliminate virgin material requirements in contract
specifications and replace them with a statement of preference for
recycled materials.
(b) Promotion program. USDA agencies will actively promote a
preference for recovered materials, environmentally preferable
products, and biobased products in contacts with vendors, in written
materials, and other appropriate opportunities.
(c) Reasonable estimation of recovered materials used in the
performance of contracts. USDA agencies annually will provide in
writing to the USDA Senior Procurement Executive, in response to a call
for data for the Resource Conservation and Recovery report, reasonable
estimates, certification, and verification of recovered material used
in the performance of contracts.
(d) Annual review and monitoring of effectiveness of the program.
USDA agencies will provide an annual assessment of the effectiveness of
their affirmative procurement program actions in increasing the
purchase and use of EPA designated products.
(e) Purchase of EPA designated products. USDA agencies will require
that 100% of purchases of EPA-designated products contain recovered
material, unless the item cannot be acquired--
(1) Competitively within a reasonable time frame;
(2) Meeting appropriate performance standards; or
(3) At a reasonable price.
(f) The 100% purchase requirement of paragraph (e) of this section
applies to all USDA agency purchases, including those at or below the
micro-purchase threshold.
423.405 Procedures.
(a) The threshold of purchase for EPA designated items is $10,000
per year at the USDA departmental, not individual agency, level.
Therefore, the APP requirements above, including the 100% purchase
requirement, apply at the individual agency and staff office level.
(b) Contracting officers should refer to EPA's list of designated
products and products identified as recycled content when purchasing
supplies or services. Information on EPA designated products is
available at: www.epa.gov/cpg/products.htm.
(c) All agencies and USDA Contracting Officers must take necessary
actions to carry out the provisions of the USDA APP policy described in
this subpart.
[[Page 48]]
Subpart 423.5--Drug-Free Workplace
423.506 Suspension of payments, termination of contract, and debarment
and suspension actions.
(a) The contracting officer may recommend waiver of the
determination to suspend payments, to terminate a contract, or to debar
or to suspend a contractor.
(b) The recommendation shall be submitted through the HCA to the
SPE and shall include a full description of the disruption of USDA
operations should the determination not be waived.
(c) The SPE will submit the request for a waiver to the Secretary
with a recommendation for action.
Subpart 423.6--Notice of Radioactive Material
423.601 Requirements.
The HCA shall establish a system of instructions to identify the
installation/facility radiation protection officer.
Subpart 423.7--Contracting for Environmentally Preferable Products
and Services
423.703 Policy.
(a) USDA's Affirmative Procurement Program promotes energy-
efficiency, water conservation, and the acquisition of environmentally
preferable products and services. In its acquisitions, USDA will
support federal ``green purchasing'' principles in the acquisition of
products and services that are environmentally preferable or that are
biobased content products and services.
(b) USDA agencies will actively promote this preference for
environmentally preferable products and biobased products in contacts
with vendors, in written materials, and other appropriate
opportunities.
PART 424--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
0
45. Revise 424.203 to read as follows:
424.203 Policy.
USDA regulations implementing the Freedom of Information Act are
found in 7 CFR, Subtitle A, Part 1, Subpart A. Contracting officers
shall follow these regulations when responding to requests for
information.
PART 425--FOREIGN ACQUISITION
0
46. Revise the table of contents of part 425 to read as follows:
Subpart 425.1--Buy American Act--Supplies
Sec.
425.102 [Reserved]
425.103 Exceptions.
425.104 Nonavailable articles.
425.105 Determining reasonableness of cost.
425.108 [Reserved]
Subpart 425.2--Buy American Act--Construction Materials
425.202 Exceptions.
425.203 [Reserved]
425.204 [Reserved]
Subpart 425.3--[Reserved]
Subpart 425.4--[Reserved]
Subpart 425.6--Trade Sanctions
425.602 Exceptions.
Subpart 425.9--[Reserved]
Subpart 425.10--Additional Foreign Acquisition Regulations
425.1001 Waiver of right to examination of records.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
0
47. Revise subpart 425.1 to read as follows:
Subpart 425.1--Buy American Act--Supplies
425.102 [Reserved]
425.103 Exceptions.
(a) The Senior Procurement Executive (SPE) shall make the
determination prescribed in FAR 25.103(a).
(b) Copies of determinations of nonavailability in accordance with
FAR 25.103(b)(2) or 25.202(a)(2), for articles, material or supplies
not listed in FAR 25.104, may be submitted to the SPE for submission to
the Civilian Agency Acquisition Council (CAAC).
425.104 Nonavailable articles.
Information required by FAR 25.104(b) shall be submitted to the SPE
for submission to the CAAC.
425.105 Determining reasonableness of cost.
The SPE may make the determination prescribed in FAR 25.105(a).
Requests for a determination by the SPE shall be submitted by the HCA,
in writing, and shall provide a detailed justification supporting why
evaluation factors higher than those listed in FAR 25.102(b)(1) and (2)
should be applied to determine whether the offered price of a domestic
end product is unreasonable.
425.108 [Reserved]
0
48. Amend 425.202 as follows:
0
a. In the heading of 425.202, remove the word ``Policy'' and add, in
its place, ``Exceptions''.
0
b. Remove ``FAR 25.202(a)(3)'', and add, in its place, ``FAR
25.202(a)(1)''.
Subpart 425.3--[Removed and Reserved]
0
49. Remove and reserve subpart 425.3.
Subpart 425.4--[Removed and Reserved]
0
50. Remove and reserve subpart 425.4.
0
51. Add subpart 425.6, to read as follows:
Subpart 425.6--Trade Sanctions
425.602 Exceptions.
The Secretary, without power of redelegation, has the authority to
make the necessary determination(s) and authorize award(s) of
contract(s) in accordance with FAR 25.602(b).
Subpart 425.9--[Removed and Reserved]
0
52. Remove and reserve subpart 425.9.
0
53. Revise subpart 425.10 to read as follows:
Subpart 425.10--Additional Foreign Acquisition Regulations
425.1001 Waiver of right to examination of records.
The SPE shall make the determination under FAR 25.1001(a)(2)(iii).
PART 426--OTHER SOCIOECONOMIC PROGRAMS
0
54. Remove and reserve subpart 426.70.
PART 428--BONDS AND INSURANCE
0
55. Revise the heading of subpart 428.1 to read as follows:
Subpart 428.1--Bonds And Other Financial Protections
0
56. Revise the heading of subpart 428.2 to read as follows:
Subpart 428.2--Sureties And Other Security For Bonds
PART 432--CONTRACT FINANCING
0
57. Redesignate 432.905 as 432.904, and revise the section heading to
read as follows:
432.904 Determining payment due dates.
0
58. Redesignate 432.906 as 432.007.
PART 433--PROTESTS, DISPUTES AND APPEALS
0
59. In Part 433, revise all references to ``General Accounting Office''
to read ``Government Accountability Office''.
[[Page 49]]
433.104 [Removed and Reserved]
0
60. Remove and reserve 433.104.
PART 434--MAJOR SYSTEM ACQUISITION
0
61. Revise Part 434 to read as follows:
Subpart 434.0--General
Sec.
434.001 Definitions.
434.002 Policy.
434.003 Responsibilities.
434.004 Acquisition strategy.
434.005 General requirements.
434.005-6 Full production.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Subpart 434.0--General
434.001 Definitions.
Pursuant to OMB Circular No. A-109 (A-109) and the definition at
FAR 2.101, within USDA, a system shall be considered a major system if:
(a) The total acquisition costs (for information technology, life
cycle costs) are estimated to be $50 million or more, or
(b) The system, regardless of estimated acquisition or life cycle
costs, has been specifically designated to be a major system by the
USDA Acquisition Executive or by the Major Information Technology
Systems Executive.
434.002 Policy.
In addition to the policy guidance at FAR 34.002 and other parts of
the FAR, the policies outlined in paragraph 6 of A-109 should serve as
guidelines for all contracting activities in planning and developing
systems, major or otherwise.
434.003 Responsibilities.
(a) The Secretary of Agriculture or other designated USDA key
executive is responsible for making four key decisions in each major
system acquisition process. These are listed in paragraph 9 of A-109
and elaborated on in paragraphs 10 through 13. The key executives of
USDA (Secretary, Deputy Secretary, Under Secretaries and Assistant
Secretaries) individually or as a group will participate in this
decision making process.
(b) The Chief Information Officer (CIO) is the Major Information
Technology Systems Executive. For acquisitions of information
technology, the CIO will ensure that A-109 is implemented in USDA and
that the management objectives of the Circular are realized. The CIO is
responsible for designating the program manager for each major
information technology system acquisition, designating an acquisition
to be a major information technology system acquisition, and approving
the written charter and project control system for each major
information technology system acquisition.
(c) The Assistant Secretary for Administration (ASA) is the USDA
Acquisition Executive for major system acquisitions other than
acquisitions of information technology. The ASA will ensure that A-109
is implemented in USDA and that the management objectives of the
Circular are realized. The ASA is responsible for designating the
program manager for each major system acquisition, designating an
acquisition to be a major system acquisition, and approving the written
charter and project control system for each major system acquisition.
(d) Heads of contracting activities must:
(1) Ensure compliance with the requirements of A-109, FAR Part 34
and AGAR Part 434.
(2) Ensure that potential major system acquisitions are brought to
the attention of the USDA Acquisition Executive or the Major
Information Technology Systems Executive, as appropriate.
(3) Recommend qualified candidates for designation as program
managers for each major system acquisition within their jurisdiction.
(4) Ensure that program managers fulfill their responsibilities and
discharge their duties.
(5) Cooperate with the ASA and Major Information.
Technology Systems Executive in implementing the requirements of A-
109.
(e) The program manager is responsible for planning and executing
the major system acquisition, ensuring appropriate coordination with
the USDA Acquisition Executive and Major Information Technology Systems
Executive and other key USDA executives.
434.004 Acquisition strategy.
(a) The program manager will develop, in coordination with the
Acquisition Executive or Major Information Technology Systems
Executive, a written charter outlining the authority, responsibility,
accountability, and budget for accomplishing the proposed objective.
(b) The program manager will develop, subject to the approval of
the Acquisition Executive or Major Information Technology Systems
Executive, a project control system to schedule, monitor, and regularly
report on all aspects of the project. The control system shall
establish reporting periods and milestones consistent with the key
decisions listed in paragraph 9 of A-109.
(c) Upon initiation of the project, the program manager will report
regularly to the Acquisition Executive or Major Information Technology
Systems Executive.
(d) Specific procedures and requirements for information technology
systems are included in the USDA Information Technology Capital
Planning and Investment Control Guide which can be accessed on the USDA
OCIO Web site at http://www.ocio.usda.gov.
434.005 General requirements.
434.005-6 Full production.
The Secretary or the USDA key executive designated by the Secretary
for the specific program is the agency head for the purposes of FAR
34.005-6.
PART 436--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
436.578 [Removed and Reserved]
0
62. Remove and reserve 436.578.
PART 439--ACQUISITION OF INFORMATION TECHNOLOGY
0
63. Add Part 439 to read as follows:
Subpart 439.1--General
Sec.
439.101 Policy.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Subpart 439.1--General
439.101 Policy.
(a) In addition to policy and regulatory guidance contained in the
FAR and AGAR:
(1) The USDA Information Technology Capital Planning and Investment
Control Guide (CPIC) establishes requirements for the acquisition of
information technology.
(2) Specific thresholds at which USDA Office of the Chief
Information Officer Information Technology Acquisition Approval is
required have been established.
(3) The procurement authority delegated to USDA Agencies is
established in Departmental Regulations 5000 series.
(4) The CPIC Guide and USDA CIO policy and procedural guidance are
available on the USDA OCIO Web site at http://www.ocio.usda.gov.
Notices of changes in the Information Technology Acquisition Approval
Thresholds are also promulgated by AGAR Advisory.
(b) Acquisition of on-line courseware libraries and learning
management system services requires specific
[[Page 50]]
approval of the ASA and CIO. Information regarding the specific
approval requirements and processes is promulgated by AGAR Advisory.
PART 445--GOVERNMENT PROPERTY
Subpart 445.6--[Removed and Reserved]
0
64. Remove and reserve subpart 445.6.
PART 450--EXTRAORDINARY CONTRACTUAL ACTIONS
Subpart 450.1--[Removed and Reserved]
0
65. Remove and reserve subpart 450.1.
PART 452--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
452.211-70 [Amended]
0
66. Amend paragraph (a) of 452.211-70 to remove the words ``clause
452.211-2'' and add, in their place, ``clause 452.211-71''.
452.215-71 [Amended]
0
67. In paragraph (c) of 452.215-71, remove the words ``Requirements for
Cost or Pricing Data or Other Than Cost or Pricing Data'' and add, in
their place, ``Requirements for Cost or Pricing Data or Information
Other Than Cost or Pricing Data''.
452.226-70, 452.226-71 and 452.226-72 [Removed and Reserved]
0
68. Remove and reserve 452.226-70, 452.226-71, and 452.226-72.
452.232-70 [Amended]
0
69. In 452.232-70, remove the words ``Payments Under Fixed-Price
Construction Contract'' and add, in their place, ``Payments Under
Fixed-Price Construction Contracts''.
452.236-78 [Removed and Reserved]
0
70. Remove and reserve 452.236-78.
PART 453--FORMS
0
71. Revise 453.213 to read as follows:
453.213 Simplified Acquisition and other simplified purchase
procedures (AD-838).
Form AD-838, Purchase Order, is prescribed for use as a Simplified
Acquisition Procedure/delivery order/task order document in lieu of OF
347 and OF 348, except that use of the OF 347 and OF 348 is authorized
when utilizing the USDA Integrated Acquisition System (See 413.307).
Done in Washington, DC, this 21st day of December, 2004.
W.R. Ashworth,
Director, Office of Procurement and Property Management.
[FR Doc. 04-28439 Filed 12-30-04; 8:45 am]
BILLING CODE 3410-96-P