80 FR 11595 - Department of the Treasury Acquisition Regulation; Technical Amendments
DEPARTMENT OF THE TREASURY Federal Register Volume 80, Issue 42 (March 4, 2015)
Federal Register Volume 80, Issue 42 (March 4, 2015)
| Page Range | 11595-11597 | |
| FR Document | 2015-04464 |
[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)] [Rules and Regulations] [Pages 11595-11597] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04464] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY 48 CFR Parts 1001, 1002, 1016, 1019, 1028, 1032, 1034, 1042, and 1052 Department of the Treasury Acquisition Regulation; Technical Amendments AGENCY: Office of the Procurement Executive, Treasury. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of the Treasury is amending the Department of the Treasury Acquisition Regulation (DTAR) in order to make editorial changes. These editorial changes are in response to updates made to the Federal Acquisition Regulations (FAR), Treasury bureau organizational restructuring, and other internal updates that have occurred since the 2013 edition. DATES: Effective: April 3, 2015. FOR FURTHER INFORMATION CONTACT: Thomas O'Linn, Procurement Analyst, Office of the Procurement Executive, at (202) 622-2092. SUPPLEMENTARY INFORMATION: The DTAR, which supplement the Federal Acquisition Regulation, are codified at 48 CFR Chapter 10. In order to update certain elements in 48 CFR part 10, the Department issued a proposed rule on December 23, 2014 (79 FR 76948) to solicit comments on certain editorial changes to the DTAR, which include updating Treasury bureau names and updating titles and dates, and other nonsubstantive revisions. This proposed rule also invited comments on removal of the Earned Value Management System provisions codified at section 1052.234- 72. There is no longer a need for Treasury-specific coverage in this area. The public comment period on the proposed rule closed on January 22, 2015. No comments were received. Accordingly, the Department is adopting the provisions of the proposed rule without change. Regulatory Planning and Review This rule is not a significant regulatory action as defined in section 3(f) of Executive Order 12866. Therefore a regulatory assessment is not required. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. chapter 6) generally requires agencies to conduct an initial regulatory flexibility analysis and a final regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. It is hereby certified that this rule will not have a significant economic impact on a substantial number of small entities. Although the rule may affect a substantial number of small entities, the rule is limited to nonsubstantive, editorial changes to the DTAR, which are anticipated to have no economic impact. Therefore, a regulatory flexibility analysis is not required. Paperwork Reduction Act The information collections contained in this rule have been previously approved by the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501, et seq.) and assigned OMB control numbers 1505-0081; 1505-0080; and 1505-0107. Under the Paperwork Reduction Act, an agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a valid OMB control number. List of Subjects in 48 CFR Chapter 10 Government procurement. Accordingly, the Department of the Treasury amends 48 CFR chapter 10 as follows: PART 1001--DEPARTMENT OF THE TREASURY ACQUISITION REGULATION (DTAR) SYSTEM 0 1. The authority citation for part 1001 is revised to read as follows: Authority: 41 U.S.C. 1707. 1001.670 [Amended] 0 2. Amend section 1001.670 by removing in the first sentence the word ``Technical'' and revising ``COTR'' to read ``COR'' wherever it occurs. PART 1002--DEFINITIONS OF WORDS AND TERMS 0 3. The authority citation for part 1002 is revised to read as follows: Authority: 41 U.S.C. 1707. 0 4. Section 1002.101 is revised to read as follows: 1002.101 Definitions. Bureau means any one of the following Treasury organizations: (1) Alcohol and Tobacco Tax and Trade Bureau (TTB); (2) Bureau of Engraving & Printing (BEP); (3) Bureau of the Fiscal Service (formerly Bureau of Public Debt and Financial Management Service); (4) Departmental Offices (DO); (5) Financial Crimes Enforcement Network (FinCEN); (6) Office of the Inspector General (OIG); (7) Internal Revenue Service (IRS); (8) Office of the Comptroller of the Currency (OCC); (9) Special Inspector General for the Troubled Asset Relief Program (SIGTARP); (10) Treasury Inspector General for Tax Administration (TIGTA); or (11) United States Mint. 1002.70 [Amended] 0 5. Amend section 1002.70 by-- 0 a. Removing ``COTR Contracting Technical Officer's Representative'' and adding ``COR Contracting Officer's Representative'' in its place. 0 b. Removing ``IPP Internet Payment Platform'' and adding ``IPP Invoice Processing Platform'' in its place. PART 1016--TYPES OF CONTRACTS 0 6. The authority citation for part 1016 is revised to read as follows: Authority: 41 U.S.C. 1707. 1016.505 [Amended] 0 7. Section 1016.505 is revised to read as follows: 1016.505 Ordering. (b)(8) The HCA shall designate a task and delivery order ombudsman in accordance with bureau procedures and provide a copy of the designation to the agency task and delivery order ombudsman. Bureau task and delivery order ombudsmen shall review complaints from contractors concerning task and delivery orders placed by the contracting activity and ensure they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. In the absence of a designation, the Bureau [[Page 11596]] advocate for competition will serve in that capacity. PART 1019--SMALL BUSINESS PROGRAMS 0 8. The authority citation for part 1019 is revised to read as follows: Authority: 41 U.S.C. 1707. 0 9. Amend section 1019.202-70 by-- 0 a. Removing from paragraph (d)(1) the text ``List of Parties Excluded from Federal Procurement and Nonprocurement Programs,'' and adding ``System for Award Management Exclusions,'' in its place; 0 b. Adding paragraph (n)(2)(vi). 0 c. Removing from paragraph (p)(1) the text ``$500,000 ($1,000,000 for construction)'' and adding ``$650,000 ($1,500,000 for construction)'' in its place; and 0 d. Revising paragraph (p)(2). The addition and revision read as follows: 1019.202-70 The Treasury Mentor Prot[eacute]g[eacute] Program. * * * * * (n) * * * (2) * * * (vi) Prot[eacute]g[eacute] firms shall submit a post completion report 24 months after exiting the Mentor-Prot[eacute]g[eacute] Program. The post completion report will assist the Department of the Treasury in assessing the progress of Prot[eacute]g[eacute] firms upon completion of the program. * * * * * (p) * * * (2) Insert the clause at 1052.219-75, Mentor Requirements and Evaluation, in solicitations and contracts where the contractor is a participant in the Treasury Mentor-Prot[eacute]g[eacute] Program. Subpart 1019.8--Contracting With the Small Business Administration (The 8(a) Program) 0 10. Revise the heading for subpart 1019.8 to read as set forth above. 1019.811-3 [Amended] 0 11. Amend section 1019.811-3 by-- 0 a. Removing from paragraph (d)(3) the citation ``1019.8'' and adding ``FAR 19.8'' in its place; and 0 b. Removing from paragraph (f) the citation ``1019.8'' and adding ``FAR 19.8'' in its place. PART 1028--BONDS AND INSURANCE 0 12. The authority citation for part 1028 is revised to read as follows: Authority: 41 U.S.C. 1707. 1028.307-1 [Amended] 0 13. In section 1028.307-1, remove reserved paragraph (b). 0 14. Revise section 1028.310-70 to read as follows: 1028.310-70 Agency contract clause for work on a Government installation. (a) Insert a clause substantially similar to 1052.228-70, Insurance requirements, in all solicitations and contracts that contain the clause at FAR 52.228-5. 0 15. Revise section 1028.311-2 to read as follows: 1028.311-2 Agency solicitation provisions and contract clauses. Insert a clause substantially similar to 1052.228-70, Insurance requirements, in all solicitations and contracts that contain the clause at FAR 52.228-7. PART 1032--CONTRACT FINANCING 0 16. The authority citation for part 1032 is revised to read as follows: Authority: 41 U.S.C. 1707. 1032.7002 [Amended] 0 17. Amend section 1032.7002 by-- 0 a. Removing from paragraph (a) introductory text the words ``awarded after October 1, 2012,'' and 0 b. Removing from paragraph (c) the words ``Treasury Internet Payment Platform'' and adding the words ``Treasury Invoice Processing Platform'' in their place. 0 18. Section 1032.7003 is revised to read as follows: 1032.7003 Contract clause. Except as provided in 1032.7002(a), use the clause at 1052.232- 7003, Electronic Submission of Payment Requests, in all solicitations and contracts. PART 1034--MAJOR SYSTEM ACQUISITION 0 19. The authority citation for part 1034 is revised to read as follows: Authority: 41 U.S.C. 1707. 0 20. In section 1034.001, add introductory text and remove the definition of ``Core Earned Value Management''. The addition reads as follows: 1034.001 Definitions. As used in this part-- * * * * * Subpart 34.2--[Removed] 0 21. Remove subpart 34.2. PART 1042--CONTRACT ADMINISTRATION AND AUDIT SERVICES 0 22. The authority citation for part 1042 is revised to read as follows: Authority: 41 U.S.C. 1707. 1042.1500 [Removed and Reserved] 0 23. Remove and reserve section 1042.1500. PART 1052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 24. The authority citation for part 1052 is revised to read as follows: Authority: 41 U.S.C. 1707. 0 25. In section 1052.201-70, revise the introductory text and paragraphs (a), (b), (c) introductory text, (c)(6), (d), and (e) to read as follows: 1052.201-70 Contracting Officer's Representative (COR) appointment and authority. As prescribed in 1001.670-6, insert the following clause: CONTRACTING OFFICER'S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (APR 2015) (a) The COR is ____ [insert name, address and telephone number]. (b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term ``technical direction'' includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily. (c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that: * * * * * (6) Directs, supervises or otherwise controls the actions of the Contractor's employees. (d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer. (e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day. * * * * * 0 26. Revise section 1052.210-70 to read as follows: 1052.210-70 Contractor publicity. As prescribed in 1009.204-70, insert the following clause: CONTRACTOR PUBLICITY (APR 2015) The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions [[Page 11597]] of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance. (End of clause) 0 27. Revise section 1052.228-70 to read as follows: 1052.228-70 Insurance requirements. As prescribed in 1028.310-70 and 1028.311-2, insert a clause substantially as follows: The contracting officer may require additional kinds of insurance (e.g., aircraft public and passenger liability, vessel liability) or higher limits of coverage. INSURANCE (APR 2015) In accordance with FAR clause 52.228-5, entitled ``Insurance-- Work on a Government Installation'' [or FAR clause 52.228-7 entitled, ``Insurance--Liability to Third Persons''], insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract: (a) Worker's compensation and employer's liability. The Contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(a). (b) General liability. The Contractor shall, at a minimum, meet the requirements specified at FAR 28.307-2(b). (c) Automobile liability. The Contractor shall, at a minimum, meet the requirements specified at FAR 28.307-2(c). (End of clause) 0 28. Revise section 1052.232-7003 to read as follows: 1052.232-7003 Electronic submission of payment requests. As prescribed in 1032.7003, use the following clause: ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015) (a) Definitions. As used in this clause-- (1) ``Payment request'' means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ``Content of Invoices'' and the applicable Payment clause included in this contract. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site. (c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures. (d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. (End of clause) 1052.234-2 [Removed] 0 29. Remove section 1052.234-2. 1052.234-3 [Removed] 0 30. Remove section 1052.234-3. 1052.234-4 [Removed] 0 31. Remove section 1052.234-4. 1052.234-70 [Removed] 0 32. Remove section 1052.234-70. 1052.234-71 [Removed] 0 33. Remove section 1052.234-71. 1052.234-72 [Removed] 0 34. Remove section 1052.234-72. Iris B. Cooper, Senior Procurement Executive, Office of the Procurement Executive. [FR Doc. 2015-04464 Filed 3-3-15; 8:45 am] BILLING CODE 4810-25-P
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Bureau, in consultation with the The public comment period on the PART 1002—DEFINITIONS OF WORDS
Enforcement Bureau, the authority to act proposed rule closed on January 22, AND TERMS
on requests from qualified providers for 2015. No comments were received.
waiver of these rules. The Order also Accordingly, the Department is ■ 3. The authority citation for part 1002
adopts a rule prohibiting all originating adopting the provisions of the proposed is revised to read as follows:
and intermediate providers from rule without change. Authority: 41 U.S.C. 1707.
causing audible ringing to be sent to the
Regulatory Planning and Review ■ 4. Section 1002.101 is revised to read
caller before the terminating provider
This rule is not a significant as follows:
has signaled that the called party is
being alerted. regulatory action as defined in section 1002.101 Definitions.
In the near future, the Bureau will 3(f) of Executive Order 12866. Therefore Bureau means any one of the
issue a public notice providing detailed a regulatory assessment is not required. following Treasury organizations:
instructions and announcing the (1) Alcohol and Tobacco Tax and
Regulatory Flexibility Act
deadline for the submission of data and Trade Bureau (TTB);
providing further filing information. The Regulatory Flexibility Act (5 (2) Bureau of Engraving & Printing
Federal Communications Commission. U.S.C. chapter 6) generally requires (BEP);
Marlene H. Dortch,
agencies to conduct an initial regulatory (3) Bureau of the Fiscal Service
flexibility analysis and a final regulatory (formerly Bureau of Public Debt and
Secretary.
flexibility analysis of any rule subject to Financial Management Service);
[FR Doc. 2015–04415 Filed 3–3–15; 8:45 am]
notice and comment rulemaking (4) Departmental Offices (DO);
BILLING CODE 6712–01–P requirements, unless the agency certifies (5) Financial Crimes Enforcement
that the rule will not have a significant Network (FinCEN);
economic impact on a substantial (6) Office of the Inspector General
DEPARTMENT OF THE TREASURY number of small entities. (OIG);
It is hereby certified that this rule will (7) Internal Revenue Service (IRS);
48 CFR Parts 1001, 1002, 1016, 1019, (8) Office of the Comptroller of the
not have a significant economic impact
1028, 1032, 1034, 1042, and 1052 Currency (OCC);
on a substantial number of small
Department of the Treasury entities. Although the rule may affect a (9) Special Inspector General for the
Acquisition Regulation; Technical substantial number of small entities, the Troubled Asset Relief Program
Amendments rule is limited to nonsubstantive, (SIGTARP);
editorial changes to the DTAR, which (10) Treasury Inspector General for
AGENCY: Office of the Procurement are anticipated to have no economic Tax Administration (TIGTA); or
Executive, Treasury. impact. Therefore, a regulatory (11) United States Mint.
ACTION: Final rule. flexibility analysis is not required.
1002.70 [Amended]
SUMMARY: The Department of the Paperwork Reduction Act ■ 5. Amend section 1002.70 by—
Treasury is amending the Department of The information collections contained ■ a. Removing ‘‘COTR Contracting
the Treasury Acquisition Regulation in this rule have been previously Technical Officer’s Representative’’ and
(DTAR) in order to make editorial approved by the Office of Management adding ‘‘COR Contracting Officer’s
changes. These editorial changes are in and Budget under the Paperwork Representative’’ in its place.
response to updates made to the Federal Reduction Act (44 U.S.C. 3501, et seq.) ■ b. Removing ‘‘IPP Internet Payment
Acquisition Regulations (FAR), Treasury and assigned OMB control numbers Platform’’ and adding ‘‘IPP Invoice
bureau organizational restructuring, and 1505–0081; 1505–0080; and 1505–0107. Processing Platform’’ in its place.
other internal updates that have Under the Paperwork Reduction Act, an
occurred since the 2013 edition. agency may not conduct or sponsor and PART 1016—TYPES OF CONTRACTS
DATES: Effective: April 3, 2015. a person is not required to respond to ■ 6. The authority citation for part 1016
FOR FURTHER INFORMATION CONTACT: a collection of information unless it is revised to read as follows:
Thomas O’Linn, Procurement Analyst, displays a valid OMB control number.
Office of the Procurement Executive, at Authority: 41 U.S.C. 1707.
List of Subjects in 48 CFR Chapter 10
(202) 622–2092. 1016.505 [Amended]
SUPPLEMENTARY INFORMATION: The Government procurement.
■ 7. Section 1016.505 is revised to read
DTAR, which supplement the Federal Accordingly, the Department of the as follows:
Acquisition Regulation, are codified at Treasury amends 48 CFR chapter 10 as
48 CFR Chapter 10. In order to update follows: 1016.505 Ordering.
certain elements in 48 CFR part 10, the (b)(8) The HCA shall designate a task
Department issued a proposed rule on PART 1001—DEPARTMENT OF THE and delivery order ombudsman in
December 23, 2014 (79 FR 76948) to TREASURY ACQUISITION accordance with bureau procedures and
solicit comments on certain editorial REGULATION (DTAR) SYSTEM provide a copy of the designation to the
changes to the DTAR, which include agency task and delivery order
updating Treasury bureau names and ■ 1. The authority citation for part 1001 ombudsman. Bureau task and delivery
updating titles and dates, and other is revised to read as follows: order ombudsmen shall review
ebenthall on DSK5SPTVN1PROD with RULES
nonsubstantive revisions. This proposed Authority: 41 U.S.C. 1707. complaints from contractors concerning
rule also invited comments on removal task and delivery orders placed by the
1001.670 [Amended]
of the Earned Value Management contracting activity and ensure they are
System provisions codified at section ■ 2. Amend section 1001.670 by afforded a fair opportunity to be
1052.234–72. There is no longer a need removing in the first sentence the word considered, consistent with the
for Treasury-specific coverage in this ‘‘Technical’’ and revising ‘‘COTR’’ to procedures in the contract. In the
area. read ‘‘COR’’ wherever it occurs. absence of a designation, the Bureau
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![11596 Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations
advocate for competition will serve in ■ 14. Revise section 1028.310–70 to Authority: 41 U.S.C. 1707.
that capacity. read as follows:
1042.1500 [Removed and Reserved]
PART 1019—SMALL BUSINESS 1028.310–70 Agency contract clause for ■ 23. Remove and reserve section
PROGRAMS work on a Government installation. 1042.1500.
(a) Insert a clause substantially similar
■ 8. The authority citation for part 1019 to 1052.228–70, Insurance requirements, PART 1052—SOLICITATION
is revised to read as follows: in all solicitations and contracts that PROVISIONS AND CONTRACT
Authority: 41 U.S.C. 1707. contain the clause at FAR 52.228–5. CLAUSES
■ 9. Amend section 1019.202–70 by— ■ 15. Revise section 1028.311–2 to read ■ 24. The authority citation for part
■ a. Removing from paragraph (d)(1) the as follows: 1052 is revised to read as follows:
text ‘‘List of Parties Excluded from
1028.311–2 Agency solicitation provisions Authority: 41 U.S.C. 1707.
Federal Procurement and and contract clauses.
Nonprocurement Programs,’’ and adding ■ 25. In section 1052.201–70, revise the
‘‘System for Award Management Insert a clause substantially similar to introductory text and paragraphs (a), (b),
Exclusions,’’ in its place; 1052.228–70, Insurance requirements, (c) introductory text, (c)(6), (d), and (e)
■ b. Adding paragraph (n)(2)(vi). in all solicitations and contracts that to read as follows:
■ c. Removing from paragraph (p)(1) the contain the clause at FAR 52.228–7.
1052.201–70 Contracting Officer’s
text ‘‘$500,000 ($1,000,000 for Representative (COR) appointment and
PART 1032—CONTRACT FINANCING
construction)’’ and adding ‘‘$650,000 authority.
($1,500,000 for construction)’’ in its ■ 16. The authority citation for part As prescribed in 1001.670–6, insert
place; and 1032 is revised to read as follows: the following clause:
■ d. Revising paragraph (p)(2).
Authority: 41 U.S.C. 1707. CONTRACTING OFFICER’S
The addition and revision read as
follows: REPRESENTATIVE (COR) APPOINTMENT
1032.7002 [Amended]
AND AUTHORITY (APR 2015)
1019.202–70 The Treasury Mentor Protégé ■ 17. Amend section 1032.7002 by— (a) The COR is ____ [insert name, address
Program. ■ a. Removing from paragraph (a) and telephone number].
* * * * * introductory text the words ‘‘awarded (b) Performance of work under this
(n) * * * after October 1, 2012,’’ and contract is subject to the technical direction
(2) * * * ■ b. Removing from paragraph (c) the of the COR identified above, or a
(vi) Protégé firms shall submit a post words ‘‘Treasury Internet Payment representative designated in writing. The
completion report 24 months after Platform’’ and adding the words term ‘‘technical direction’’ includes, without
‘‘Treasury Invoice Processing Platform’’ limitation, direction to the contractor that
exiting the Mentor-Protégé Program. The directs or redirects the labor effort, shifts the
post completion report will assist the in their place. work between work areas or locations, and/
Department of the Treasury in assessing ■ 18. Section 1032.7003 is revised to or fills in details and otherwise serves to
the progress of Protégé firms upon read as follows: ensure that tasks outlined in the work
completion of the program. statement are accomplished satisfactorily.
1032.7003 Contract clause.
* * * * * (c) Technical direction must be within the
Except as provided in 1032.7002(a), scope of the contract specification(s)/work
(p) * * *
(2) Insert the clause at 1052.219–75, use the clause at 1052.232–7003, statement. The COR does not have authority
Electronic Submission of Payment to issue technical direction that:
Mentor Requirements and Evaluation, in
solicitations and contracts where the Requests, in all solicitations and * * * * *
contractor is a participant in the contracts. (6) Directs, supervises or otherwise
controls the actions of the Contractor’s
Treasury Mentor-Protégé Program. PART 1034—MAJOR SYSTEM employees.
ACQUISITION (d) Technical direction may be oral or in
Subpart 1019.8—Contracting With the writing. The COR must confirm oral direction
Small Business Administration (The ■ 19. The authority citation for part in writing within five workdays, with a copy
8(a) Program) 1034 is revised to read as follows: to the Contracting Officer.
(e) The Contractor shall proceed promptly
■ 10. Revise the heading for subpart Authority: 41 U.S.C. 1707.
with performance resulting from the
1019.8 to read as set forth above. ■ 20. In section 1034.001, add technical direction issued by the COR. If, in
1019.811–3 [Amended]
introductory text and remove the the opinion of the Contractor, any direction
definition of ‘‘Core Earned Value of the COR or the designated representative
■ 11. Amend section 1019.811–3 by— falls within the limitations of (c) above, the
Management’’.
■ a. Removing from paragraph (d)(3) the Contractor shall immediately notify the
The addition reads as follows:
citation ‘‘1019.8’’ and adding ‘‘FAR Contracting Officer no later than the
19.8’’ in its place; and 1034.001 Definitions. beginning of the next Government work day.
■ b. Removing from paragraph (f) the
As used in this part— * * * * *
citation ‘‘1019.8’’ and adding ‘‘FAR ■ 26. Revise section 1052.210–70 to
19.8’’ in its place. * * * * *
read as follows:
PART 1028—BONDS AND INSURANCE Subpart 34.2—[Removed]
1052.210–70 Contractor publicity.
■ 21. Remove subpart 34.2. As prescribed in 1009.204–70, insert
ebenthall on DSK5SPTVN1PROD with RULES
■ 12. The authority citation for part
1028 is revised to read as follows: the following clause:
PART 1042—CONTRACT
Authority: 41 U.S.C. 1707. ADMINISTRATION AND AUDIT CONTRACTOR PUBLICITY (APR 2015)
SERVICES The Contractor, or any entity or
1028.307–1 [Amended] representative acting on behalf of the
■ 13. In section 1028.307–1, remove ■ 22. The authority citation for part Contractor, shall not refer to the supplies or
reserved paragraph (b). 1042 is revised to read as follows: services furnished pursuant to the provisions
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of this contract in any news release or (a) Worker’s compensation and employer’s available at www.ipp.gov or any successor
commercial advertising, or in connection liability. The Contractor shall, as a minimum, site.
with any news release or commercial meet the requirements specified at FAR (c) The Contractor may submit payment
advertising, without first obtaining explicit 28.307–2(a). requests using other than IPP only when the
written consent to do so from the Contracting (b) General liability. The Contractor shall, Contracting Officer authorizes alternate
Officer. Should any reference to such at a minimum, meet the requirements procedures in writing in accordance with
supplies or services appear in any news specified at FAR 28.307–2(b). Treasury procedures.
release or commercial advertising issued by (c) Automobile liability. The Contractor (d) If alternate payment procedures are
or on behalf of the Contractor without the shall, at a minimum, meet the requirements authorized, the Contractor shall include a
required consent, the Government shall specified at FAR 28.307–2(c). copy of the Contracting Officer’s written
consider institution of all remedies available authorization with each payment request.
under applicable law, including 31 U.S.C. (End of clause)
333, and this contract. Further, any violation (End of clause)
of this clause may be considered as part of ■ 28. Revise section 1052.232–7003 to
the evaluation of past performance. read as follows: 1052.234–2 [Removed]
(End of clause) 1052.232–7003 Electronic submission of
■ 29. Remove section 1052.234–2.
■ 27. Revise section 1052.228–70 to payment requests. 1052.234–3 [Removed]
read as follows: As prescribed in 1032.7003, use the ■ 30. Remove section 1052.234–3.
1052.228–70 Insurance requirements. following clause:
1052.234–4 [Removed]
As prescribed in 1028.310–70 and ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS (APR 2015) ■ 31. Remove section 1052.234–4.
1028.311–2, insert a clause substantially
as follows: The contracting officer may (a) Definitions. As used in this clause— 1052.234–70 [Removed]
require additional kinds of insurance (1) ‘‘Payment request’’ means a bill, ■ 32. Remove section 1052.234–70.
(e.g., aircraft public and passenger voucher, invoice, or request for contract
liability, vessel liability) or higher limits financing payment with associated 1052.234–71 [Removed]
of coverage. supporting documentation. The payment
request must comply with the requirements
■ 33. Remove section 1052.234–71.
INSURANCE (APR 2015) identified in FAR 32.905(b), ‘‘Content of 1052.234–72 [Removed]
In accordance with FAR clause 52.228–5, Invoices’’ and the applicable Payment clause
entitled ‘‘Insurance—Work on a Government included in this contract. ■ 34. Remove section 1052.234–72.
Installation’’ [or FAR clause 52.228–7 (b) Except as provided in paragraph (c) of Iris B. Cooper,
entitled, ‘‘Insurance—Liability to Third this clause, the Contractor shall submit
payment requests electronically using the Senior Procurement Executive, Office of the
Persons’’], insurance of the following kinds
Invoice Processing Platform (IPP). Procurement Executive.
and minimum amounts shall be provided
and maintained during the period of Information regarding IPP, including IPP [FR Doc. 2015–04464 Filed 3–3–15; 8:45 am]
performance of this contract: Customer Support contact information, is BILLING CODE 4810–25–P
ebenthall on DSK5SPTVN1PROD with RULES
VerDate Sep<11>2014 22:23 Mar 03, 2015 Jkt 235001 PO 00000 Frm 00063 Fmt 4700 Sfmt 9990 E:\FR\FM\04MRR1.SGM 04MRR1](https://thefederalregister.org/doc/80_FR_11637/page/3.svg)
Document Created: 2018-02-21 09:31:47
Document Modified: 2018-02-21 09:31:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective: April 3, 2015. | |
| Contact | Thomas O'Linn, Procurement Analyst, Office of the Procurement Executive, at (202) 622-2092. | |
| FR Citation | 80 FR 11595 | |
| CFR Citation | 48
CFR
1001 48 CFR 1002 48 CFR 1016 48 CFR 1019 48 CFR 1028 48 CFR 1032 48 CFR 1034 48 CFR 1042 48 CFR 1052 |
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