Rule2024-16181
Discontinue Use of Form CD-492, Justification for Other Than Full and Open Competition
Primary source
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Published
July 23, 2024
Effective
August 22, 2024
Issuing agencies
Commerce Department
Abstract
The Department of Commerce (Commerce) is issuing this final rule to discontinue use of Form CD-492, Justification for Other Than Full and Open Competition, and to make an editorial change to the associated regulations. The purpose of the administrative rulemaking is to cease the requirement for acquisition teams to use a prescribed form to document justifications for other than full and open competition under the Federal Acquisition Regulation (FAR) and to make an editorial change to the regulatory text to correct a reference to Department legal review procedures by replacing the word "concurrence" with the word "review." Contracting Officers will be required to comply with the content requirements set forth in the FAR when documenting their determinations.
Full Text
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<title>Federal Register, Volume 89 Issue 141 (Tuesday, July 23, 2024)</title>
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[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Rules and Regulations]
[Pages 59672-59673]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16181]
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DEPARTMENT OF COMMERCE
Office of the Secretary
48 CFR Parts 1306 and 1353
[DOCKET NO.: 240711-0188]
RIN 0605-AA68
Discontinue Use of Form CD-492, Justification for Other Than Full
and Open Competition
AGENCY: Office of the Secretary, Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Department of Commerce (Commerce) is issuing this final
rule to discontinue use of Form CD-492, Justification for Other Than
Full and Open Competition, and to make an
[[Page 59673]]
editorial change to the associated regulations. The purpose of the
administrative rulemaking is to cease the requirement for acquisition
teams to use a prescribed form to document justifications for other
than full and open competition under the Federal Acquisition Regulation
(FAR) and to make an editorial change to the regulatory text to correct
a reference to Department legal review procedures by replacing the word
``concurrence'' with the word ``review.'' Contracting Officers will be
required to comply with the content requirements set forth in the FAR
when documenting their determinations.
DATES: Effective: August 22, 2024.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Todd Hill, Procurement Analyst, at 240-490-1044, or by email at
<a href="/cdn-cgi/l/email-protection#7d09151411114c3d19121e531a120b"><span class="__cf_email__" data-cfemail="394d5150555508795d565a175e564f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Commerce is issuing this final rule to discontinue use of Form CD-
492, Justification for Other Than Full and Open Competition. The
purpose of the administrative rulemaking is to cease the requirement
for acquisition teams to use a prescribed form to document
justifications for other than full and open competition under the
Federal Acquisition Regulation (FAR) in 48 CFR part 6. The CD-492 was
originally developed to provide consistency across Commerce when
documenting the approval or disapproval of justifications for other
than full and open competition within a hardcopy contract file.
Commerce has fully transitioned to electronic contract files and the
static form is no longer considered the most efficient method of
documenting the approval or disapproval of such a justification.
Contracting Officers will be required to comply with the content
requirements set forth in FAR 6.303-2 when documenting their
determinations. Commerce has also determined that an editorial change
is necessary to better align with internal Commerce processes,
therefore, Commerce will also make an editorial change to the last
sentence of section 1306.303-70 to correct a reference to Department
legal review procedures by replacing the word ``concurrence'' with the
word ``review.''
Classification
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Commerce determined that this rule qualifies for exemption from the
Administrative Procedure Act's (APA) requirement for a public notice
and comment period, and that it may therefore proceed directly to the
final rule stage. Under 5 U.S.C. 553(b)(A), rulemakings that are rules
of agency organization, procedure, or practice are exempt from
providing the public with a notice and comment period. This rule only
removes the requirement for acquisition teams to use Form CD-492.
Therefore, this rule qualifies for the exemption and no public notice
and comment period is required.
Additionally, Commerce finds good cause to waive the notice and
public comment period for this rule because the effect of the rule does
not place any burden on the public or require the public to undertake
or cease any particular action. Oppositely, this rulemaking only
removes the requirement for acquisition teams to use Form CD-492.
Therefore, a public notice and comment period would be unnecessary and
qualifies for waiver under the APA (see 5 U.S.C. 553(b)(B)).
List of Subjects
48 CFR Part 1306
Government procurement.
48 CFR Part 1353
Government procurement, Reporting and recordkeeping requirements.
Therefore, in accordance with 41 U.S.C. 414 and 48 CFR 1.301
through 1.304, the Department of Commerce amends 48 CFR parts 1306 and
1353 as follows:
PART 1306--COMPETITION REQUIREMENTS
0
1. The authority citation for part 1306 continues to read as follows:
Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304.
0
2. Revise section 1306.303-70 to read as follows:
1306.303-70 Documentation and legal review of justifications.
The justification for providing for other than full and open
competition in accordance with FAR 6.303-2 shall contain sufficient
facts and rationale to justify the use of the authority cited and
include all of the content set forth in FAR 6.303-2 as appropriate for
the cited authority. If the estimated value of the procurement is over
legal review thresholds, review by the Procurement Counsel is required.
PART 1353--FORMS
0
3. The authority citation for part 1353 continues to read as follows:
Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304.
1353.206 [Removed]
0
4. Remove section 1353.206.
Olivia J. Bradley,
Senior Procurement Executive and Director for Acquisition Management.
[FR Doc. 2024-16181 Filed 7-22-24; 8:45 am]
BILLING CODE P
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