[Federal Register Volume 72, Number 157 (Wednesday, August 15, 2007)]
[Rules and Regulations]
[Pages 45694-45696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15919]



[[Page 45694]]

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DEPARTMENT OF STATE

48 CFR Parts 601, 602, 604, 605, 606, 609, 619, 622, 623, 628, 631, 
633 and 653

[Public Notice: 5877]
RIN 1400-AC34


Department of State Acquisition Regulation; Technical Amendments

AGENCY: State Department.

ACTION: Final rule.

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SUMMARY: This final rule makes editorial corrections and minor changes 
to the Department of State Acquisition Regulation (DOSAR). No proposed 
rule was issued as these corrections and changes do not affect the 
general public; therefore, prior public comment is not required per 
Federal Acquisition Regulation (FAR) 1.301(b).

DATES: Effective Date: This rule is effective August 15, 2007.

FOR FURTHER INFORMATION CONTACT: Gladys Gines, Procurement Analyst, 
Office of the Procurement Executive, 2201 C Street, NW., State Annex 
Number 6, Room 603, Washington, DC 20522-0602; telephone number: 703-
516-1691; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: This final rule makes the following 
corrections and updates:
     Removes acquisition of real property from the delegated 
authority of the Senior Procurement Executive. The FAR does not apply 
to the acquisition of real property, and the Senior Procurement 
Executive has no involvement in the acquisition of real property.
     Removes the Bureau of Population, Refugees and Migration 
from the list of offices that have limited acquisition authority. This 
office no longer awards any acquisitions.
     Corrects paragraph citations in the DOSAR definition of 
``major system''.
     Removes the use of the Statebuy Interactive Platform (SIP) 
as a means of posting solicitations for domestic contracting offices. 
The SIP has been phased out; contracting officers now only use the 
Government-wide point of entry (FedBizOpps) for posting solicitations.
     Updates the dollar thresholds for approvals of 
justifications of other than full and open competition to conform to 
recent changes in the FAR.
     Removes paragraph (c) of DOSAR 619.201 to conform to FAR 
19.201(c), which states that heads of contracting activities are 
responsible for implementing the small business programs within their 
activities. The DOSAR language currently delegates this responsibility 
to the Assistant Secretary of State for Administration. The Department 
believes that this responsibility is more appropriately handled by 
heads of contracting activities as stated in the FAR.
     Removes paragraph (a)(2) of DOSAR 619.805-2. This 
paragraph discussed a blanket waiver that the Department of State 
received from the Small Business Administration (SBA) in 2001. The 
waiver allowed for services exceeding $3 million and supplies exceeding 
$5 million that supplemented the security of U.S. diplomatic posts and 
protected the lives of Department personnel for the duration of the 
national state of emergency as declared by the President to be awarded 
non-competitively under the 8(a) program. A GAO audit (GAO-07-34R, 
Department of State Contract for Security Installation at Embassies) 
questioned the waiver. SBA subsequently discovered that they did not 
have the authority to issue a blanket waiver. As a result, SBA 
rescinded the waiver. Accordingly, the Department is removing this 
language from the DOSAR.
     Removes section 623.404 on the agency affirmative action 
program for recycled materials. The information provided Intranet and 
Internet Web sites where the Department's program could be accessed. 
However, the program is strictly internal guidance for requiring 
offices, and does not contain any information that would be useful to 
contractors. Since the document is for internal use only, it is no 
longer posted on the Internet. It is still posted on the Intranet for 
requiring offices; however, it is not necessary to state this in the 
DOSAR.
     Removes references to the General Services Administration 
Board of Contract Appeals (GSBCA). The Department of State used the 
GSBCA as its venue for contract appeals since it did not have its own 
Board of Contract Appeals. However, effective January 6, 2007, all 
civilian agency Boards of Contract Appeals were terminated and a new 
Civilian Board of Contract Appeals (CBCA) was created. All civilian 
agencies now use the CBCA; therefore, no reference to a specific Board 
is required.
     Removes the reference to the Intranet site where the 
Department's forms may be accessed.
     Makes numerous citation and title corrections to conform 
to the current FAR.
     Updates Web site addresses.

Regulatory Findings

Administrative Procedure Act

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
exempt from Executive Order 12866 except to the extent that it is 
promulgating regulations in conjunction with a domestic agency that are 
significant regulatory actions. The Department has nevertheless 
reviewed the regulation to ensure its consistency with the regulatory 
philosophy and principles set forth in that Executive Order.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign 
based companies in domestic and import markets.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
exempt from Executive Order 12866 except to the extent that it is 
promulgating regulations in conjunction with a domestic agency that are 
significant regulatory actions. The Department has nevertheless 
reviewed

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the regulation to ensure its consistency with the regulatory philosophy 
and principles set forth in that Executive Order.

Executive Order 12988--Civil Justice Reform

    The Department has reviewed this regulation in light of sections 
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

Executive Orders 12372 and 13132--Federalism

    This regulation will not have substantial direct effect 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. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement. The 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this regulation.

National Environmental Policy Act

    The Department has analyzed this regulation for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has 
determined that it will not have any effect on the quality of the 
environment.

Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 48 CFR Parts 601, 602, 604, 605, 606, 609, 619, 
622, 623, 628, 631, 633 and 653

    Government procurement.

0
Accordingly, for reasons set forth in the preamble, title 48, chapter 6 
of the Code of Federal Regulations is amended as follows:
0
1. The authority citation for 48 CFR parts 601, 602, 604, 605, 606, 
609, 619, 622, 623, 628, 631, 633, and 653 continue to read as follows:

    Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.

Subchapter A--General

PART 601--DEPARTMENT OF STATE ACQUISITION REGULATIONS SYSTEM


601.602-1  [Amended]

0
2. Section 601.602-1 is amended by removing the words ``real and'' in 
the first sentence in paragraph (b).

0
3. Section 601.603-1 is revised to read as follows:


601.603-1  General.

    Details of the Department's acquisition career management program 
are described in 14 FAH-3, Acquisition Career Management Program 
Handbook, which is available on the Internet at http://foia.state.gov/REGS/search.asp.


601.603-70  [Amended]

0
4. Section 601.603-70 is amended--
0
a. By removing paragraph (b)(5); and
0
b. By redesignating paragraphs (b)(6), (b)(7), and (b)(8) as (b)(5), 
(b)(6), and (b)(7), respectively.

PART 602--DEFINITIONS OF WORDS AND TERMS


602.101-70  [Amended]

0
5. Section 602.101-70 is amended, in the definition of ``major 
system'', by removing ``(b)'' and adding in its place ``(2)'' in the 
first sentence, and removing ``(c)'' and adding in its place ``(3)'' in 
the second sentence.

PART 604--ADMINISTRATIVE MATTERS


604.502  [Amended]

0
6. Section 604.502 is amended --
0
a. By removing paragraph (b)(1)(i) in its entirety;
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b. By redesignating paragraphs (b)(1)(ii) and (b)(1)(iii) as (b)(1)(i) 
and (b)(1)(ii), respectively; and
0
c. By removing the words ``Statebuy Interactive Platform'' and adding 
the words ``Government-wide point of entry'' in their place in the 
first sentence of newly designated paragraph (b)(1)(ii).

Subchapter B--Competition and Acquisition Planning

PART 605--PUBLICIZING CONTRACT ACTIONS


605.403  [Amended]

0
7. Section 605.403 is amended --
0
a. By removing the paragraph designator ``(a)'' at the beginning; and
0
b. By removing ``FAR 5.403(a)'' and adding in its place ``FAR 5.403.''

PART 606--COMPETITION REQUIREMENTS


606.302-6  [Amended]

0
8. Section 606.302-6 is amended by removing the words ``The Chief, 
Information Security Programs Division, Office of Information Security 
Technology, Bureau of Diplomatic Security'' and adding the words ``The 
Office Director, Office of Information Security, Office of Security 
Infrastructure, Bureau of Diplomatic Security (DS/SI/IS)'' in their 
place in the second sentence of paragraph (c)(1).


606.304  [Amended]

0
9. Section 606.304 is amended by removing ``$500,000'' and 
``$10,000,000'' and adding ``$550,000'' and ``$11.5 million'' in their 
place, respectively, in paragraph (a)(2).

PART 609--CONTRACTOR QUALIFICATIONS

0
10. Section 609.404 is amended:
0
a. By revising the section heading to read as set forth below.
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b. By removing the words ``FAR 9.404(c)(5)'' and adding in its place 
``FAR 9.404(c)(7) in the second sentence.


609.404  Excluded parties list system.

* * * * *

0
11. Section 609.404-70 is amended by removing ``http://epls.arnet.gov'' 
and adding in its place ``http://www.epls.gov'' at the end of the 
second sentence.

Subchapter C--Contracting Methods and Contracting Types

PART 613--SIMPLIFIED ACQUISITION PROCEDURES

    12. A new Subpart 613.2 is added to read as follows:

Subpart 613.2--Actions At or Below the Micro-Purchase Threshold


613.201  General.

    (g)(1) The procurement Executive is the agency head's designee for 
the purpose of FAR 13.201(g)(1).

Subchapter D--Socioeconomic Programs

PART 619--SMALL BUSINESS PROGRAMS


619.201  [Amended]

0
13. Section 619.201 is amended by removing paragraph (c).


619.805-2  [Amended]

0
14. Section 619.805-2 is amended--
0
a. By removing paragraph (a)(2); and

[[Page 45696]]

0
b. By redesignating paragraph (c)(3) as paragraph (b).


619.810  [Amended]

0
15. Section 619.810 is amended--
0
a. By redesignating paragraph (d) as paragraph (c); and
0
b. By removing ``FAR 19.812(d)'' and adding in its place ``FAR 
19.810(c)'' at the end of newly designated paragraph (c).


619.811-3  [Amended]

0
16. Section 619.811-3 is amended--
0
a. By redesignating paragraph (d)(3) as paragraph (d); and
0
b. By redesignating paragraph (f) as paragraph (e).

PART 622--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


622.404-3  [Amended]

0
17. Section 622.404-3 is amended by removing ``FAR 22.404-3(b) and 
(e)'' and adding in its place ``22.404-3(b) and (d)''.


622.13.10  [Amended]

0
18. Section 622.1310 is amended by revising the heading to read as 
follows:


622.1310  Solicitation Provision and Contract Clauses.

* * * * *

PART 623--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE


623.404  [Removed]

0
19. Section 623.404 is removed.

Subchapter E--General Contracting Requirements

PART 628--BONDS AND INSURANCE

0
20. The heading for Subpart 628.2 is revised to read as follows:

Subpart 628.2--Sureties and Other Securities for Bonds

PART 631--CONTRACT COST PRINCIPLES AND PROCEDURES


631.205-6  [Amended]

0
21. Section 631.205-6 is amended by removing ``FAR 31.205-6(g)(3)'' and 
adding in its place ``FAR 31.205-6(g)(6)''.

PART 633--PROTESTS, DISPUTES, AND APPEALS


633.102  [Amended]

0
22. Section 633.102 is amended by removing the words ``General 
Accounting Office'' and adding the words ``Government Accountability 
Office'' in their place.


633.270-1, 633.270-2 and 633.270-3  [Removed]

0
23. Sections 633.270-1, 633.270-2, and 633.270-3 are removed.

Subchapter H--Clauses and Forma

PART 653--FORMS


653.101-70  [Amended]

0
24. Section 653.101-70 is amended by removing the last sentence.

    Dated: July 30, 2007.
Corey M. Rindner,
Procurement Executive, Bureau of Administration, Department of State.
 [FR Doc. E7-15919 Filed 8-14-07; 8:45 am]
BILLING CODE 4710-24-P