[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Rules and Regulations]
[Page 53996-53997]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se08-24]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 6
[FAC 2005-27; FAR Case 2007-007; Item V; Docket 2008-001; Sequence 17]
RIN 9000-AL08
Federal Acquisition Regulation; FAR Case 2007-007, Additional
Requirements for Competition Advocate Annual Reports
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to require that
annual reviews by executive agency competition advocates be provided in
writing to both the agency senior procurement executive and the agency
chief acquisition officer, if designated, and that the reports
specifically address the quality of planning, executing, and managing
of task and delivery orders over $1 million.
DATES: Effective Date: October 17, 2008.
FOR FURTHER INFORMATION CONTACT Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR case
2007-007.
SUPPLEMENTARY INFORMATION:
A. Background
The Administrator of the Office of Federal Procurement Policy
(OFPP) issued a memorandum dated May 31, 2007, entitled ``Enhancing
Competition in Federal Acquisition'', to executive agency chief
acquisition officers and senior procurement executives that outlined
several initiatives for enhancing competition in Federal acquisition.
The agency competition advocates are required to describe initiatives
that ensure task and delivery orders over $1,000,000 issued under
multiple award contracts are properly planned, issued, and comply with
8.405 and 16.505 in a report to the agency senior procurement executive
and the
[[Page 53997]]
agency chief acquisition officer. An attachment to the Administrator's
May 31, 2007 memorandum entitled, Enhancing Competition in Federal
Acquisition, contains a list of questions designed to assist
competition advocates in assessing the quality of competitive practices
at their agencies. The policy memorandum and attachment can be found at
http://www.whitehouse.gov/omb/procurement/comp_contracting/
competition_memo_053107.pdf. This FAR case implements this policy
change.
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.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Public Law98-577, and publication for public
comments is not required. However, the Councils will consider comments
from small entities concerning the affected FAR Part 6 in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 601, et seq. (FAC 2005-27, FAR case
2007-007), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Part 6
Government procurement.
Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 6 as set forth below:
PART 6--COMPETITION REQUIREMENTS
0
1. The authority citation for 48 CFR part 6 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
0
2. Amend section 6.502 by--
0
a. Revising the introductory text of paragraphs (b)(1) and (b)(2);
0
b. Removing from the end of the paragraph (b)(2)(v) the word ``and'';
0
c. Adding to the end of paragraph (b)(2)(vi) the word ``and'';
0
d. Adding a new paragraph (b)(2)(vii); and
0
e. Revising paragraphs (b)(3) and (b)(4) to read as follows:
6.502 Duties and Responsibilities.
* * * * *
(b) * * *
(1) Review the contracting operations of the agency and identify
and report to the agency senior procurement executive and the chief
acquisition officer--
* * * * *
(2) Prepare and submit an annual report to the agency senior
procurement executive and the chief acquisition officer in accordance
with agency procedures, describing--
* * * * *
(vii) Initiatives that ensure task and delivery orders over
$1,000,000 issued under multiple award contracts are properly planned,
issued, and comply with 8.405 and 16.505.
(3) Recommend goals and plans for increasing competition on a
fiscal year basis to the agency senior procurement executive and the
chief acquisition officer; and
(4) Recommend to the agency senior procurement executive and the
chief acquisition officer a system of personal and organizational
accountability for competition, which may include the use of
recognition and awards to motivate program managers, contracting
officers, and others in authority to promote competition in
acquisition.
[FR Doc. E8-21388 Filed 9-16-08; 8:45 am]
BILLING CODE 6820-EP-S