48 CFR Part 1201 — Federal Acquisition Regulations System

PART 1201—FEDERAL ACQUISITION REGULATIONS SYSTEM 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. Source: 87 FR 61159, Oct. 7, 2022, unless otherwise noted. Subpart 1201.1—Purpose, Authority, Issuance 1201.101 Purpose. The Department of Transportation (DOT), Transportation Acquisition Regulation (TAR), establishes uniform acquisition policies and procedures that implement and supplement the Federal Acquisition Regulation (FAR). The TAR provides regulatory or policy instruction when coverage is needed for DOT-specific subject matter not covered in the FAR. The TAR also includes policy statements that DOT considers important to both internal and external TAR audiences. The Transportation Acquisition Manual (TAM) contains internal operating procedures, providing supplementary guidance and instructions for carrying out FAR and TAR requirements. 1201.102-70 DOT statement of guiding principles for the Department of Transportation Acquisition System. (a) Vision. (b) Mission. (c) Role of the Office of the Senior Procurement Executive. 1201.104 Applicability. (a) Applicable statutes, the FAR, 48 CFR chapter 1, and the TAR, in this chapter, apply to all acquisitions within the Department unless otherwise specifically excluded by statute, the FAR, or the TAR. (b) The following order of precedence applies to resolve any question of applicability concerning an acquisition regulation or a procedure found within the TAR, or the TAM which comprises the Department's internal operating procedures and guidance— (1) U.S. Statutes; (2) The FAR; (3) The TAR; (4) DOT Orders; and (5) The TAM. (c) The Maritime Administration may depart from the requirements of the FAR and TAR as authorized by 40 U.S.C. 113(e)(15), but shall adhere to those regulations to the maximum extent practicable. Deviations from the FAR or TAR requirements shall be documented according to Maritime Administration procedures or in each contract file, as appropriate. (d) The FAR, TAR, and TAM do not apply to the Federal Aviation Administration as provided by 49 U.S.C. 40110(d). (e) For purposes of the FAR, TAR, and TAM, the Office of the Assistant Secretary for Research and Technology shall have the same authority as an Operating Administration as defined in 1202.1, and the Assistant Secretary for Research and Technology shall have the same authority as a Head of the Operating Administration as defined in 1202.1. 1201.105 Issuance. 1201.105-1 Publication and code arrangement. (a) The TAR is published or available in— (1) The Federal Register (2) Cumulative form in the CFR; and (3) Online via the internet at https://www.acquisition.gov/tar. (b) The TAR is issued as this chapter. 1201.105-2 Arrangement of regulations. (a) General. see (b) Numbering Department-wide guidance. (ii) Coverage within the TAR is identified by the prefix “12” followed by the complete TAR citation. For example, 1201.201-1(b). (iii) Coverage in the TAR that supplements the FAR will use part, subpart, section, and subsection numbers ending in “70” through “89” ( e.g., (iv) Coverage in the TAR, other than that identified with a “70” or higher number, that implements the FAR uses the identical number sequence and caption of the FAR segment being implemented, which may be to the paragraph level. Paragraph numbers and letters are not always shown sequentially, but may be shown by the specific FAR paragraph implemented. For example, TAR 1201.201-1 contains only paragraph (b) because only this paragraph, correlated with the FAR, is implemented in the TAR. (2) Operating Administration-unique guidance. (c) References and citations. e.g., (3) Using the TAR coverage at 1201.105-2(b) as a typical illustration, reference to the— (i) Part would be “TAR part 1201” outside the TAR and “part 1201” within the TAR. (ii) Subpart would be “TAR subpart 1201.1” outside the TAR and “subpart 1201.1” within the TAR. (iii) Section would be “TAR 1201.105” outside the TAR and “1201.105” within the TAR. (iv) Subsection would be “TAR 1201.105-2” outside the TAR and “1201.105-2” within the TAR. (v) Paragraph would be “TAR 1201.105-2(b)” outside the TAR and “1201.105-2(b)” within the TAR. 1201.105-3 Copies. (a) Copies of the TAR as published in Federal Register https://bookstore.gpo.gov/. (b) The TAR and Transportation Acquisition Circulars (TACs) are available on the internet at https://www.acquisition.gov. 1201.106 OMB approval under the Paperwork Reduction Act. The information collection and recordkeeping requirements contained in the TAR have been approved by the Office of Management and Budget (OMB). Details concerning any TAR- related OMB approved control numbers are specified in the TAM. Subpart 1201.2—Administration 1201.201 Maintenance of the FAR. 1201.201-1 The two councils. (b) The Senior Procurement Executive is responsible for providing a DOT representative to the Civilian Agency Acquisition Council (CAAC). Subpart 1201.3—Agency Acquisition Regulations 1201.301 Policy. (a)(1) Acquisition regulations Department-wide acquisition regulations. (ii) Operating Administration (OA) acquisition regulations. Federal Register (2) Acquisition procedures. (b) The authority of the agency head under FAR 1.301(b) to establish procedures to ensure that agency acquisition regulations are published for comment in the Federal Register 1201.301-70 Amendment of the Transportation Acquisition Regulation. (a) Changes to the TAR may be the result of recommendations from internal DOT personnel, other Government agencies, or the public. Proposed changes shall be submitted in the following format to the Office of the Senior Procurement Executive (OSPE), 1200 New Jersey Avenue, SE, Washington, DC 20590 or DOTAcquisitionPolicy@dot.gov (1) Problem. (2) Recommendation. (3) Discussion. (4) Point of contact. (b) The TAR is maintained by the SPE through the TAR/TAM change process. This process consists of input from various DOT elements including representatives from DOT OAs specifically designated to formulate Departmental acquisition policies and procedures. (c) Transportation Acquisition Circulars (TACs) ( see 1201.301-71 Effective dates for Transportation Acquisition Circulars (TACs). (a) Effective dates set forth in TACs. (b) Effective dates for in-process acquisitions. 1201.301-72 Transportation Acquisition Circular numbering. Transportation Acquisition Circulars (TACs) will be numbered consecutively on a fiscal year basis beginning with number “01” prefixed by the last two digits of the fiscal year ( e.g., 1201.304 Agency control and compliance procedures. (a) DOT shall control the proliferation of acquisition regulations and any revisions thereto (except as noted in paragraph (b) of this section) by using an internal TAR change process. (b) Specific OA-unique regulations will not be processed through the TAR/TAM change process but shall be reviewed by OA legal counsel and submitted to the OSPE for review and approval. ( See Subpart 1201.470—Deviations From the FAR and TAR 1201.403 Individual deviations. The head of the contracting activity (HCA), or designee with a rank that is no lower than that of a Senior Executive Service (SES) official, may authorize individual deviations to the FAR and TAR, unless FAR 1.405(e) applies. 1201.404 Class deviations. The SPE may authorize and approve class deviations from the FAR and TAR, unless FAR 1.405(e) applies. Subpart 1201.6—Career Development, Contracting Authority, and Responsibilities 1201.602 Contracting officers. 1201.602-2 Responsibilities. (d) Each DOT OA is responsible for establishing Contracting Officer's Representative (COR) nomination and appointment procedures consistent with the DOT Acquisition Workforce Career Development Program. 1201.602-3 Ratification of unauthorized commitments. (b) Policy. 1201.603 Selection, appointment, and termination of appointment for contracting officers. 1201.603-1 General. Each DOT OA is responsible for appointing its contracting officers. Each HCA shall appoint one Chief of the Contracting Office (COCO) for each OA. Individuals designated as COCOs are considered contracting officers and shall be appointed by their respective HCA. The HCA may select, appoint, and terminate the appointment of contracting officers. The HCA may re-delegate this authority to a level no lower than that of the COCO. 1201.604 Contracting Officer's Representative (COR). 1201.604-70 Contract clause. The contracting officer shall insert the clause at 1252.201-70, Contracting Officer's Representative, in solicitations and contracts that are identified as other than firm-fixed-price, and for firm-fixed-price solicitations and contracts when appointment of a contracting officer's representative is anticipated.

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