Rule2023-27890
Solicitation Provisions and Contract Clauses
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 21, 2023
Effective
December 21, 2023
Issuing agencies
Transportation Department
Abstract
This final rule amends the Transportation Acquisition Regulation (TAR) to provide needed editorial changes. DOT is publishing a technical amendment to make a minor administrative correction to a TAR clause citation.
Full Text
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<title>Federal Register, Volume 88 Issue 244 (Thursday, December 21, 2023)</title>
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[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88261-88262]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27890]
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DEPARTMENT OF TRANSPORTATION
48 CFR Part 1252
RIN 2105-AF22
Solicitation Provisions and Contract Clauses
AGENCY: Department of Transportation.
ACTION: Final rule.
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SUMMARY: This final rule amends the Transportation Acquisition
Regulation (TAR) to provide needed editorial changes. DOT is publishing
a technical amendment to make a minor administrative correction to a
TAR clause citation.
DATES: This rule is effective on December 21, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. LaWanda Morton-Chunn, Procurement
Analyst, Acquisition Policy, Oversight & Business Strategies (M-61),
Office of the Senior Procurement Executive (OSPE), Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, (202)
366-2267. This is not a toll-free telephone number.
SUPPLEMENTARY INFORMATION:
Background
The purpose of this rule is to make a minor administrative
correction to the clause at 1252.239-92, Information and Communication
Technology Accessibility Notice, paragraph (b). This revision corrects
an erroneous reference to a separate TAR clause.
Discussion and Analysis
TAR part 1252, 1252.239-92, Information and Communication
Technology Accessibility Notice, paragraph (b), is revised to correct a
typographical error to a reference to another TAR clause. The reference
in paragraph (b) to the clause at 1252.239-81, Information and
Communication Technology Accessibility, is revised to reference the
clause at 1252.239-93, Information and Communication Technology
Accessibility. The clause at 1252.239-81 is titled Cloud Identification
and Authentication (Organizational Users) Multi-Factor Authentication,
which is not the correct reference. The clause at 1252.239-93 is titled
Information and Communication Technology Accessibility. The clause at
1252.239-93 is the clause that paragraph (b) of 1252.239-92 intended to
reference.
Notice and Comment
This rule makes administrative changes that do not require prior
notice and an opportunity for comment or a delayed effective date,
consistent with 41 U.S.C. 1707, 48 CFR 1.301, and 48 CFR 1.501-3.
The statutes at 41 U.S.C. 1707(a) specifies a required comment
period for procurement policies, regulations, procedures and forms.
Specifically, a procurement policy, regulation, procedure, or form may
not take effect until 60 days after it is published for public comment
if it relates to the expenditure of funds and either (i) has a
significant effect beyond the internal operating procedures of the
agency issuing the action; or (ii) has a significant cost or
administrative impact on contractors or offerors. An exception can be
made if there are compelling circumstances for an earlier effective
date. The statutes at 41 U.S.C. 1707(b) also requires agencies to
publish proposed procurement regulations in the Federal Register for a
comment period of at least 30 days unless the agency waives those
requirements pursuant to 41 U.S.C. 1707(d). This
[[Page 88262]]
provision specifies that an agency may waive the publication and
comment requirements only if urgent and compelling circumstances make
compliance impracticable. Section 1.501-3 of the Federal Acquisition
Regulation (FAR) further provides that proposed agency acquisition
regulations need not be published for comment when the rule does not
constitute a significant revision, and FAR 1.301 requires publication
of proposed changes to agency acquisition regulations for public
comment in conformance with FAR subpart 1.5 (including FAR 1.501-3) and
41 U.S.C. 1707.
The Department has determined that publication of this rule for
notice and comment is not required pursuant to these authorities. The
correction of the erroneous cross reference is an administrative change
that will not have a significant effect on any party. The correction
will not impose a significant cost, or have a significant
administrative impact, on contractors or offerors. This final rule
merely updates 1252.239-92 to reference the correct TAR clause.
Executive Orders 12866 and 13563
The Office of Management and Budget (OMB) has determined that this
rule is not a significant regulatory action under Executive Order
12866. Therefore, OMB did not review the final rule.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule would not have
a significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-
612). The factual basis for this certification follows. This rulemaking
does not change DOT's policy regarding small businesses, does not have
an economic impact on individual businesses, and does not impose any
increased or decreased costs on small business entities. Instead, it is
merely an administrative correction to an erroneous cross reference.
Therefore, pursuant to 5 U.S.C. 605(b), a regulatory flexibility
analysis is not required.
Paperwork Reduction Act
This final rule does not contain any information collection
requirements that require approval by the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).
Congressional Review Act
This rule has not been designated by the Office of Information and
Regulatory Affairs as a major rule pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.; see 5 U.S.C. 804(2)).
List of Subjects in 48 CFR Part 1252
Government procurement, Reporting and recordkeeping requirements.
Signing Authority
Signed under authority provided by 5 U.S.C. 301; 41 U.S.C.
1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304; 1.501-3,
and 49 CFR 1.38 in Washington, DC, on December 14, 2023.
Philip A. McNamara,
Assistant Secretary for Administration, U.S. Department of
Transportation.
For the reasons set out in the preamble, DOT amends 48 CFR part
1252 as set forth below.
PART 1252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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1. The authority citation for part 1252 continues to read as follows:
Authority: 5 U.S.C. 301; 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702;
and 48 CFR 1.301 through 1.304.
Subpart 1252.2--Text of Provisions and Clauses
1252.239-92 [Amended]
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2. Amend section 1252.239-92 in paragraph (b) of the provision by
removing ``1252.239-81, Information and Communication Technology
Accessibility'' and adding in its place ``1252.239-93, Information and
Communication Technology Accessibility''.
[FR Doc. 2023-27890 Filed 12-20-23; 8:45 am]
BILLING CODE 4910-9X-P
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</html>Indexed from Federal Register on December 21, 2023.
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