[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58136-58137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23950]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 201
RIN 0750-AH35
Defense Federal Acquisition Regulation Supplement; Designation of
a Contracting Officer's Representative (DFARS Case 2011-D037)
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 clarify that a contracting
officer's representative must be an employee, military or civilian, of
the U.S. Government, a foreign government, or a North Atlantic Treaty
Organization (NATO)/coalition partner, and that contractor personnel
shall not serve as contracting officer's representatives.
DATES: Effective date: September 20, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, telephone 703-
602-8383.
SUPPLEMENTARY INFORMATION:
I. Background
This rule is based on a request from Headquarters NATO Training
Mission--Afghanistan (NTM-A) to permit the designation of non-U.S.
Government employees as contracting officer's representatives (CORs) in
support of the NTM-A's efforts to train the Afghan National Security
Force (ANSF). The NTM-A supports the growth of the ANSF through
numerous activities including the contracting of civilian mentoring
services. These contracts for mentoring services to the ANSF require
the contractor to deploy teams throughout the joint area of operations
and interact with non-U.S. coalition partners exclusively. To provide
assurance that contractual requirements are being met, it is crucial
that contract performance information be submitted to the contracting
officer by those coalition units with insight of contractor activities.
Contracting officers supporting contingency operations abroad
require the flexibility to ensure the proper oversight of contract
performance, such as at locations where there is no U.S. presence or
the designation of a U.S. Government COR is not viable. This rule
provides that flexibility by clarifying at DFARS 201.602-2 that a COR
must be an employee, military or civilian, of the U.S. Government, a
foreign government, or a NATO/coalition partner. CORs must meet all
training and experience qualifications commensurate with the delegated
responsibilities per DFARS 201.602-2(2)(ii). In addition, the rule
makes clear that contractor personnel may not serve as CORs. Contractor
personnel may, however, continue to perform technical oversight
functions on behalf of the contracting officer, excluding those that
are inherently governmental (see FAR 7.5).
DoD has issued this rule as a final rule because this rule does not
have a significant effect beyond the internal operating procedures of
DoD and does not have a significant cost or administrative impact on
contractors or offerors. Therefore, public comment is not required in
accordance with 41 US.C. 1707.
II. Executive Orders 12866 and 13563
Executive Orders 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). Executive
Order 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 Executive
Order 12866, Regulatory Planning and Review, dated September 30, 1993.
This rule is not a major rule under 5 U.S.C. 804.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant DFARS revision within the
meaning of FAR 1.501, and public comment is not required in accordance
with 41. U.S.C. 1707.
IV. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 201
Government Procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 201 is amended as follows:
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
1. The authority citation for 48 CFR part 201 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Section 201.602-2 is amended to revise paragraph (2)(i) to read as
follows:
201.602-2 Responsibilities.
* * * * *
(2) * * *
[[Page 58137]]
(i) Must 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. 2011-23950 Filed 9-19-11; 8:45 am]
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