PART 2801 - DEPARTMENT OF JUSTICE ACQUISITION REGULATION SYSTEM
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 0.76(j).
Source: 87 FR 47118, Aug. 2, 2022, unless otherwise noted.
Subpart 2801.1 - Purpose, Authority, Issuance
(a) The Justice Acquisition Regulation (JAR) provides agency guidance, in accordance with Federal Acquisition Regulation (FAR) 1.301(a)(2), and establishes, in this chapter, procurement regulations that supplement the FAR, 48 Code of Federal Regulations (CFR) chapter 1, and must be utilized conjunction with the FAR.
(1) The JAR contains Department of Justice (DOJ) policies that govern DOJ's acquisition process or otherwise control acquisition relationships between DOJ's contracting activities and contractors. The JAR contains -
(i) Requirements of law;
(ii) Deviations from the FAR requirements; and
(iii) Policies that either have a significant effect beyond the internal procedures of DOJ or a significant cost or administrative impact on contractors or offerors.
(2) Relevant internal DOJ policies, procedures, guidance, and information not meeting the criteria in paragraph (b)(1) of this section are issued by DOJ in other announcements, internal policies, procedures, or guidance.
2801.105-2 Arrangement of regulation.
The JAR is subdivided into parts, which correspond to FAR parts. The numbering system permits the discrete identification of every JAR paragraph. This numbering system permits immediate identification of each JAR part with coverage of the same subject matter and same numbering system as in the FAR. Supplementary material for which there is no counterpart in the FAR is identified by a numerical suffix of 70 or higher in the final position of the reference number.
2801.106 OMB approval under the Paperwork Reduction Act.
The Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35) and the Office of Management and Budget's (OMB) implementing regulations at 5 CFR part 1320, require that reporting and recordkeeping requirements affecting ten (10) or more members of the public be cleared by OMB. The OMB control number for the collection of information under this chapter is 1103-0018.
Subpart 2801.3 - Agency Acquisition Regulations
2801.304 Agency control and compliance procedures.
Pursuant to FAR 1.304, the Senior Procurement Executive (SPE) is responsible for ensuring that bureau acquisition guidance and directives do not restrain the flexibilities found in the FAR. For this reason, bureaus shall forward any bureau acquisition guidance to the SPE upon issuance. The SPE has the authority to revoke any guidance or directive considered restrictive of the regulations found in the FAR.
Subpart 2801.4 - Deviations From the FAR and JAR
2801.403 Individual deviations.
Individual deviations from the FAR or the JAR that affect only one contract action shall be approved by the Head of the Contracting Activity (HCA) or designee.
2801.404 Class deviations.
Requests for class deviations from the FAR or JAR shall be submitted to the SPE. The SPE will consult with the chairperson of the Civilian Agency Acquisition Council (CAAC), as appropriate, and send his/her recommendations to the Chief Acquisition Officer (CAO). The CAO will grant or deny requests for such deviations. Requests for deviations involving basic ordering agreements, master type contracts, or situations where multiple awards are made from one solicitation are considered to involve more than one contract and, therefore, are considered class deviation requests.
2801.404-70 Requests for class deviations.
Requests for approval of class deviations from the FAR or the JAR, for any solicitation that will result in multiple awards, shall be forwarded to the SPE. Such requests will be signed by the Bureau Procurement Chief (BPC).
Subpart 2801.6 - Career Development, Contracting Authority, and Responsibilities
(a) In accordance with Attorney General Order 1687-93, the authority vested in the Attorney General (AG) with respect to contractual actions for goods and services is delegated to the following officials to serve as HCAs:
(1) Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF);
(2) Director, Bureau of Prisons (BOP);
(3) Administrator, Drug Enforcement Administration (DEA);
(4) Director, Federal Bureau of Investigation (FBI);
(5) Director, Federal Prison Industries (FPI/UNICOR);
(6) Inspector General, Office of the Inspector General (OIG);
(7) Assistant Attorney General, Office of Justice Programs (OJP);
(8) Director, U.S. Marshals Service (USMS); and
(9) Assistant Attorney General for Administration (AAG/A) (for the Offices, Boards, and Divisions).
(b) The acquisition authority delegated to the officials in paragraph (a) of this section may be redelegated to subordinate officials as necessary for the efficient and proper administration of the Department's acquisition operations, unless otherwise prohibited by the FAR or JAR. Such redelegated authority shall expressly state whether it carries the power of redelegation of authority.
2801.604 Contracting Officer's Representative (COR).
Contracting officers may appoint individuals to act as authorized representatives in the monitoring and administration of a contract. Such officials shall be designated as a Contracting Officer's Representative (COR). When a COR is to be designated, contracting officers shall include the clause at JAR 2852.201-70 in all contracts. A COR's authority is limited to the authority set forth in the subject clause.