81 FR 24706 - Department of State Acquisition Regulation; Technical Amendments

DEPARTMENT OF STATE

Federal Register Volume 81, Issue 81 (April 27, 2016)

Page Range		24706-24707
FR Document		2016-09570

The Department of State is amending the Department of State Acquisition Regulation (DOSAR) to make non-substantive corrections and editorial changes.

Federal Register, Volume 81 Issue 81 (Wednesday, April 27, 2016)

[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Rules and Regulations]
[Pages 24706-24707]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09570]


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DEPARTMENT OF STATE

48 CFR Parts 601, 606, 608, 615, 616, 623, 627, 633, 651, and 652

[Public Notice: 9482]
RIN 1400-AD92


Department of State Acquisition Regulation; Technical Amendments

AGENCY: Department of State.

ACTION: Final rule; technical amendments.

-----------------------------------------------------------------------

SUMMARY: The Department of State is amending the Department of State 
Acquisition Regulation (DOSAR) to make non-substantive corrections and 
editorial changes.

DATES: This rule is effective April 27, 2016.

ADDRESSES: You may submit comments using the following method:
     Email: [email protected]. You must include the RIN in the 
subject line of your message.

FOR FURTHER INFORMATION CONTACT: Ms. Colleen Kosar, Policy Division, 
Office of the Procurement Executive, A/OPE, 2201 C Street NW., Suite 
1060, State Annex Number 15, Washington, DC 20520. Telephone: 703-516-
1685. Email: [email protected].

SUPPLEMENTARY INFORMATION: This document updates Parts 601, 606, 608, 
615, 616, 623, 627, 633, 651 and 652 to correct formatting, 
grammatical, numbering and wording errors/oversights as follows--
    1. Corrects a cross reference in DOSAR 601.602-1(b);
    2. Corrects a grammatical error in DOSAR 606.304(a)(2);
    3. Corrects the title of DOSAR 606.5;
    4. Corrects terminology in DOSAR 606.501(b) to align with a recent 
FAR change;
    5. Adds a delegation of authority in DOSAR 608.405-3(a)(3)(ii);
    6. Removes ``DOSAR'' from DOSAR 615.205-70 to comply with the 
referencing convention cited at DOSAR 601.303(c);
    7. Corrects the title of DOSAR 616.103;
    8. Adds a delegation of authority in DOSAR 616.504(c)(1)(ii)(D)(1)
    9. Adds a paragraph identifier to the text of DOSAR 623.506;
    10. Adds a clarification to DOSAR 627.304-1;
    11. Adds a missing section heading for DOSAR 633.214;
    12. Retitles DOSAR 633. 214-70;
    13. Redesignates 651.701 as 651.7001;
    14. Corrects the capitalization of ``subpart'' in DOSAR 652.100-
70(a) and (b) to comply with the referencing convention cited at DOSAR 
601.303(c);
    15. Corrects the title of DOSAR subpart 652.2; and
    16. Corrects a reference in the introductory text of DOSAR 652.232-
72.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a direct final rule, as 
an interpretative rule, general statement of policy, or rule of agency 
organization, procedure, or practice, in accordance with 5 U.S.C. 
553(b). The effective date of this rulemaking is the date of 
publication, in accordance with 5 U.S.C. 553(d). The Department finds 
good cause for this rule to be effective immediately. Since the 
amendments in this rule are merely technical in nature or address the 
internal operating procedures of the agency, public comment is 
unnecessary.

Regulatory Flexibility, Unfunded Mandates, SBREFA

    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. This 
determination was based on the fact that the amendments in this rule 
will not have any cost or administrative impact on offerors or 
contractors. Thus, it was concluded that the rule will not have a 
significant economic impact on a substantial number of small entities. 
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 Act of 1995. Finally, 
this rule is not a major rule as defined by the Small Business 
Regulatory Enforcement Act of 1996 (5 U.S.C. 801 et seq.).

Executive Orders 12866 and 13563

    The Department of State does not consider this rule to be an 
``economically significant'' regulatory action under E. O. 12866. The 
Department has reviewed the regulation to ensure its consistency with 
the regulatory philosophy and principles set forth in Executive Orders 
12866 and 13563 and finds that the benefits of updating this rule 
outweigh any costs, which the Department assesses to be minimal.

Executive Order 13132 and 13175

    This rule 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. The Department has determined that this 
rulemaking will not have tribal implications, will not impose 
substantial direct compliance costs on Indian tribal governments, and 
will not pre-empt tribal law.

Paperwork Reduction Act

    The rule imposes no new or revised information collections under 
the Paperwork Reduction Act of 1980 (44 U.S.C. Chapter 35).

[[Page 24707]]

List of Subjects in 48 CFR Parts 601, 606, 608, 615, 616, 623, 627, 
633, 651 and 652

    Administrative practice and procedure, Government procurement.

    For the reasons stated in the preamble, the Department of State 
amends 48 CFR chapter 6 as follows:

0
1. The authority citation for 48 CFR parts 601, 606, 608, 615, 616, 
623, 627, 633, 651 and 652 continues to read as follows:

     Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 
1.

PART 601--DEPARTMENT OF STATE ACQUISITION REGULATION SYSTEM


601.602-1  [Amended]

0
2. In section 601.602-1, paragraph (b), remove ``601.603-70'' and add 
in its place ``601.601-70''.

PART 606--COMPETITION REQUIREMENTS


606.304  [Amended]

0
3. In section 606.304, in paragraph (a)(2), remove ``a advocate for 
competition'' and add in its place ``an advocate for competition''.

Subpart 606.5--Advocates for Competition

0
4. Revise the heading for subpart 606.5 to read as set forth above.

0
5. In section 606.501, in the second sentence of paragraph (b), remove 
``competition advocate'' and add in its place ``advocate for 
competition''.

PART 608--REQUIRED SOURCES OF SUPPLIES AND SERVICES

0
6. Add subpart 608.4 to read as follows:
Subpart 608.4--Federal Supply Schedules
608.405 Ordering procedures for Federal Supply Schedules.
608.405-3 Blanket Purchase Agreements.

Subpart 608.4--Federal Supply Schedules


608.405  Ordering procedures for Federal Supply Schedules.


608.405-3  Blanket Purchase Agreements.

    (a) Establishment.
    (3)(ii) The Procurement Executive is the head of the agency for the 
purposes of FAR 8.405-3(a)(3)(ii).

PART 615--CONTRACTING BY NEGOTIATION


615.205-70  [Amended]

0
7. In section 615.205-70, remove ``DOSAR''.

PART 616--TYPES OF CONTRACTS

0
8. Revise the heading for section 616.103 to read as follows:


616.103  Negotiating contract type.

* * * * *

0
9. Add section 616.504 to read as follows:


616.504  Indefinite-quantity contracts.

    (c) Multiple award preference--(1) Planning the acquisition.
    (ii)(D)(1) The Procurement Executive is the head of the agency for 
the purposes of FAR 16.504(c)(1)(ii)(D)(1).

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


623.506  [Amended]

0
10. The text of section 623.506 is designated as paragraph (e).

PART 627--PATENTS, DATA, AND COPYRIGHTS


627.304-1  [Amended]

0
11. In the third sentence of section 627.304-1, add ``proposed to be'' 
between ``Determinations'' and ``issued''.

PART 633--PROTESTS, DISPUTES, AND APPEALS

Subpart 633.214--Alternative dispute resolution (ADR)

0
12. Add a subpaart 633.214 heading to read as set forth above.

0
13. Revise the heading for section 633.214-70 to read as follows:


633.214-70  DOS ADR program.

* * * * *

PART 651--USE OF GOVERNMENT SOURCES BY CONTRACTORS


651.701  [Redesignated as 651.7001]

0
14. Section 651.701 is redesignated as section 651.7001.

PART 652--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


652.100-70  [Amended]

0
15. In section 652.100-70, revise ``Subpart'' to read ``subpart'' in 
paragraphs (a) and (b).

Subpart 652.2--Text of Provisions and Clauses

0
16. Revise the subpart 652.2 heading to read as set forth above.


652.232-72  [Amended]

0
17. In the introductory text of section 652.232-72, remove ``632.705-
70'' and add in its place ``632.706-70''.

Corey M. Rindner,
Procurement Executive, Department of State.
[FR Doc. 2016-09570 Filed 4-26-16; 8:45 am]
 BILLING CODE 4710-24-P

24706 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Rules and Regulations

(4) Be signed by the filing party or on ADDRESSES: You may submit comments procedures of the agency, public
the filing party’s behalf by an authorized using the following method: comment is unnecessary.
employee or agent of the filing party. A • Email: KosarCM@state.gov. You
faxed, photocopied, or scanned must include the RIN in the subject line Regulatory Flexibility, Unfunded
signature will be accepted. of your message. Mandates, SBREFA
* * * * * FOR FURTHER INFORMATION CONTACT: Ms. The Department of State, in
■ 3. Amend § 535.403 by revising Colleen Kosar, Policy Division, Office of accordance with the Regulatory
paragraph (d) to read as follows: the Procurement Executive, A/OPE, Flexibility Act (5 U.S.C. 605(b)), has
2201 C Street NW., Suite 1060, State reviewed this regulation and, by
§ 535.403 Form of agreements. Annex Number 15, Washington, DC approving it, certifies that this rule will
* * * * * 20520. Telephone: 703–516–1685. not have a significant economic impact
(d) Each agreement and/or Email: KosarCM@state.gov. on a substantial number of small
modification filed must be signed by an SUPPLEMENTARY INFORMATION: This entities. This determination was based
official or authorized representative of document updates Parts 601, 606, 608, on the fact that the amendments in this
each of the parties and must indicate the 615, 616, 623, 627, 633, 651 and 652 to rule will not have any cost or
typewritten full name of the signing correct formatting, grammatical, administrative impact on offerors or
party and his or her position, including numbering and wording errors/ contractors. Thus, it was concluded that
organizational affiliation. Faxed, oversights as follows— the rule will not have a significant
photocopied, or scanned signatures will 1. Corrects a cross reference in economic impact on a substantial
be accepted. DOSAR 601.602–1(b); number of small entities. This rule will
* * * * * 2. Corrects a grammatical error in not result in the expenditure by State,
■ 4. Amend § 535.501 by revising the
DOSAR 606.304(a)(2); local, and tribal governments, in the
last sentence of paragraph (b) to read as 3. Corrects the title of DOSAR 606.5; aggregate, or by the private sector, of
follows: 4. Corrects terminology in DOSAR $100 million or more in any year and it
606.501(b) to align with a recent FAR will not significantly or uniquely affect
§ 535.501 General requirements. change; small governments. Therefore, no
* * * * * 5. Adds a delegation of authority in actions were deemed necessary under
(b) * * * In lieu of submitting paper DOSAR 608.405–3(a)(3)(ii); the provisions of the Unfunded
copies, parties may complete and 6. Removes ‘‘DOSAR’’ from DOSAR Mandates Act of 1995. Finally, this rule
submit their Information Form in the 615.205–70 to comply with the is not a major rule as defined by the
Commission’s prescribed electronic referencing convention cited at DOSAR Small Business Regulatory Enforcement
format, either on diskette or CD–ROM, 601.303(c); Act of 1996 (5 U.S.C. 801 et seq.).
or submit the Information Form using 7. Corrects the title of DOSAR
616.103; Executive Orders 12866 and 13563
the automated agreement filing system
in accordance with the instructions 8. Adds a delegation of authority in
The Department of State does not
found on the Commission’s home page, DOSAR 616.504(c)(1)(ii)(D)(1)
9. Adds a paragraph identifier to the consider this rule to be an
http://www.fmc.gov. ‘‘economically significant’’ regulatory
text of DOSAR 623.506;
* * * * * 10. Adds a clarification to DOSAR action under E. O. 12866. The
By the Commission. 627.304–1; Department has reviewed the regulation
Karen V. Gregory, 11. Adds a missing section heading to ensure its consistency with the
for DOSAR 633.214; regulatory philosophy and principles set
Secretary.
12. Retitles DOSAR 633. 214–70; forth in Executive Orders 12866 and
[FR Doc. 2016–09760 Filed 4–26–16; 8:45 am]
13. Redesignates 651.701 as 651.7001; 13563 and finds that the benefits of
BILLING CODE 6731–AA–P updating this rule outweigh any costs,
14. Corrects the capitalization of
‘‘subpart’’ in DOSAR 652.100–70(a) and which the Department assesses to be
(b) to comply with the referencing minimal.
DEPARTMENT OF STATE convention cited at DOSAR 601.303(c); Executive Order 13132 and 13175
15. Corrects the title of DOSAR
48 CFR Parts 601, 606, 608, 615, 616,
subpart 652.2; and This rule will not have substantial
623, 627, 633, 651, and 652 16. Corrects a reference in the direct effects on the States, on the
[Public Notice: 9482] introductory text of DOSAR 652.232–72. relationship between the national
Regulatory Findings government and the States, or on the
RIN 1400–AD92 distribution of power and
Administrative Procedure Act responsibilities among the various
Department of State Acquisition levels of government. The Department
Regulation; Technical Amendments The Department is publishing this
rule as a direct final rule, as an has determined that this rulemaking
AGENCY:Department of State. interpretative rule, general statement of will not have tribal implications, will
Final rule; technical
ACTION: policy, or rule of agency organization, not impose substantial direct
amendments. procedure, or practice, in accordance compliance costs on Indian tribal
with 5 U.S.C. 553(b). The effective date governments, and will not pre-empt
jstallworth on DSK7TPTVN1PROD with RULES

SUMMARY: The Department of State is of this rulemaking is the date of tribal law.
amending the Department of State publication, in accordance with 5 U.S.C. Paperwork Reduction Act
Acquisition Regulation (DOSAR) to 553(d). The Department finds good
make non-substantive corrections and cause for this rule to be effective The rule imposes no new or revised
editorial changes. immediately. Since the amendments in information collections under the
DATES: This rule is effective April 27, this rule are merely technical in nature Paperwork Reduction Act of 1980 (44
2016. or address the internal operating U.S.C. Chapter 35).

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Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Rules and Regulations 24707

List of Subjects in 48 CFR Parts 601, PART 616—TYPES OF CONTRACTS Subpart 652.2—Text of Provisions and
606, 608, 615, 616, 623, 627, 633, 651 Clauses
and 652 ■ 8. Revise the heading for section
616.103 to read as follows: ■ 16. Revise the subpart 652.2 heading
Administrative practice and
to read as set forth above.
procedure, Government procurement.
616.103 Negotiating contract type.
For the reasons stated in the 652.232–72 [Amended]
preamble, the Department of State * * * * *
■ 17. In the introductory text of section
amends 48 CFR chapter 6 as follows: ■ 9. Add section 616.504 to read as 652.232–72, remove ‘‘632.705–70’’ and
■ 1. The authority citation for 48 CFR follows: add in its place ‘‘632.706–70’’.
parts 601, 606, 608, 615, 616, 623, 627,
633, 651 and 652 continues to read as 616.504 Indefinite-quantity contracts. Corey M. Rindner,
follows: Procurement Executive, Department of State.
(c) Multiple award preference—(1)
[FR Doc. 2016–09570 Filed 4–26–16; 8:45 am]
Authority: 22 U.S.C. 2651a, 40 U.S.C. Planning the acquisition.
121(c) and 48 CFR chapter 1. BILLING CODE 4710–24–P
(ii)(D)(1) The Procurement Executive
PART 601—DEPARTMENT OF STATE is the head of the agency for the
ACQUISITION REGULATION SYSTEM purposes of FAR 16.504(c)(1)(ii)(D)(1). DEPARTMENT OF THE INTERIOR
601.602–1 [Amended] PART 623—ENVIRONMENT, ENERGY Fish and Wildlife Service
■ 2. In section 601.602–1, paragraph (b), AND WATER EFFICIENCY,
remove ‘‘601.603–70’’ and add in its RENEWABLE ENERGY 50 CFR Part 17
place ‘‘601.601–70’’. TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE [Docket No. FWS–R3–ES–2016–0052;
WORKPLACE TYPES OF CONTRACTS 4500030113]
PART 606—COMPETITION
REQUIREMENTS RIN 1018–AZ62
623.506 [Amended]
606.304 [Amended] Endangered and Threatened Wildlife
■ 10. The text of section 623.506 is
■ 3. In section 606.304, in paragraph and Plants; Determination That
designated as paragraph (e).
(a)(2), remove ‘‘a advocate for Designation of Critical Habitat Is Not
competition’’ and add in its place ‘‘an PART 627—PATENTS, DATA, AND Prudent for the Northern Long-Eared
advocate for competition’’. COPYRIGHTS Bat

Subpart 606.5—Advocates for AGENCY: Fish and Wildlife Service,
627.304–1 [Amended]
Competition Interior.
■ 11. In the third sentence of section ACTION: Critical habitat determination.
■ 4. Revise the heading for subpart 627.304–1, add ‘‘proposed to be’’
606.5 to read as set forth above. SUMMARY: We, the U.S. Fish and
between ‘‘Determinations’’ and
Wildlife Service (Service), have
■ 5. In section 606.501, in the second ‘‘issued’’.
reconsidered whether designating
sentence of paragraph (b), remove
PART 633—PROTESTS, DISPUTES, critical habitat for the northern long-
‘‘competition advocate’’ and add in its
AND APPEALS eared bat (Myotis septentrionalis) is
place ‘‘advocate for competition’’.
prudent. We have determined that such
PART 608—REQUIRED SOURCES OF Subpart 633.214—Alternative dispute a designation is not prudent. We listed
SUPPLIES AND SERVICES resolution (ADR) the northern long-eared bat as a
threatened species under the
■ 6. Add subpart 608.4 to read as ■ 12. Add a subpaart 633.214 heading to Endangered Species Act of 1973, as
follows: read as set forth above. amended (Act), on April 2, 2015. At the
time the species was listed, we
Subpart 608.4—Federal Supply Schedules ■ 13. Revise the heading for section determined that designation of critical
608.405 Ordering procedures for Federal 633.214–70 to read as follows: habitat was prudent, but not
Supply Schedules.
determinable. Since that time,
608.405–3 Blanket Purchase Agreements. 633.214–70 DOS ADR program.
information has come available that
* * * * * demonstrates that designating the
Subpart 608.4—Federal Supply
Schedules wintering habitat as critical habitat for
PART 651—USE OF GOVERNMENT the bat would likely increase the threat
608.405 Ordering procedures for Federal SOURCES BY CONTRACTORS from vandalism and disturbance, and
Supply Schedules. could, potentially, increase the spread
651.701 [Redesignated as 651.7001]
608.405–3 Blanket Purchase Agreements. of white-nose syndrome. In addition,
■ 14. Section 651.701 is redesignated as designating the summer habitat as
(a) Establishment. section 651.7001.
(3)(ii) The Procurement Executive is critical habitat would not be beneficial
the head of the agency for the purposes to the species, because there are no
PART 652—SOLICITATION areas within the summer habitat that
of FAR 8.405–3(a)(3)(ii).
jstallworth on DSK7TPTVN1PROD with RULES

PROVISIONS AND CONTRACT meet the definition of critical habitat.
PART 615—CONTRACTING BY CLAUSES Thus, we have determined that the
NEGOTIATION 652.100–70 [Amended]
designation of critical habitat is not
prudent for the northern long-eared bat.
615.205–70 [Amended] ■ 15. In section 652.100–70, revise DATES: The determination announced in
■ 7. In section 615.205–70, remove ‘‘Subpart’’ to read ‘‘subpart’’ in this document was made on April 27,
‘‘DOSAR’’. paragraphs (a) and (b). 2016.

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Document Created: 2018-02-07 13:56:09
Document Modified: 2018-02-07 13:56:09

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; technical amendments.
Dates		This rule is effective April 27, 2016.
Contact		Ms. Colleen Kosar, Policy Division, Office of the Procurement Executive, A/OPE, 2201 C Street NW., Suite 1060, State Annex Number 15, Washington, DC 20520. Telephone: 703-516- 1685. Email: [email protected]
FR Citation		81 FR 24706
RIN Number		1400-AD92
CFR Citation		48 CFR 601 48 CFR 606 48 CFR 608 48 CFR 615 48 CFR 616 48 CFR 623 48 CFR 627 48 CFR 633 48 CFR 651 48 CFR 652
CFR Associated		Administrative Practice and Procedure and Government Procurement