[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Rules and Regulations]
[Pages 71830-71831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29426]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 242

RIN 0750-AH41


Defense Federal Acquisition Regulation Supplement: Administering 
Trafficking in Persons Regulations (DFARS Case 2011-D051)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add to the list of 
contract administration functions a requirement to maintain 
surveillance over contractor compliance with duties and 
responsibilities pertaining to trafficking in persons when they are 
incorporated in contracts.

DATES: Effective Date: November 18, 2011.

FOR FURTHER INFORMATION CONTACT: Meredith Murphy, telephone (703) 602-
1302.

SUPPLEMENTARY INFORMATION:

I. Background

    The current FAR, at section 22.1705, entitled ``Contract clause,'' 
prescribes use of the clause at FAR 52.222-50, Combating Trafficking in 
Persons, in all solicitations and contracts. When the contract will be 
performed outside the United States, the clause must be used with its 
Alternate I, as prescribed in FAR 22.1705(b). The clause requires 
contractors to inform employees of the Government's zero-tolerance 
policy and the actions that will be taken against them for violations 
of the policy. In addition, contractors are required to notify the 
contracting officer immediately of any information received about an 
employee's conduct that violates this policy and also of actions taken 
against an employee as a result of the violation.
    While the clause at FAR 52.222-50, Combating Trafficking in 
Persons, has been in effect since February 2009, the listing of 
Government contract administration functions was not modified at that 
time to add surveillance of a contractor's compliance with the clause 
requirements. Because the addition of this contract administration 
function is internal to DoD and will not impact current contract 
requirements or contract clauses, this is not a significant revision as 
defined at FAR 1.501-1. Therefore, under the authority at FAR 1.501-
3(a), this rule can be published as a final rule without first 
obtaining public comment.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is a significant regulatory action and, therefore, was subject to 
review under section 6(b) of E.O. 12866, Regulatory Planning and 
Review, dated September 30, 1993. This rule is not a major rule under 5 
U.S.C. 804.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
an initial regulatory flexibility analysis is only required for 
proposed or interim rules that require publication for public comment 
(5 U.S.C. 603) and a final regulatory flexibility analysis is only 
required for final rules that were previously published for public 
comment, and for which an initial regulatory flexibility analysis was 
prepared (5 U.S.C. 604).
    This final rule does not constitute a significant DFARS revision as 
defined at FAR 1.501-1 because this rule will not have a significant 
cost or administrative impact on contractors or offerors, or a 
significant effect beyond the internal operating procedures of the 
Government. Therefore, publication for public comment under 41 U.S.C. 
1707 is not required.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 242

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 242 is amended as follows:

PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
1. The authority citation for 48 CFR part 242 continues to read as 
follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

0
2. Amend section 242.302 by adding paragraph (a)(S-73) to read as 
follows:


242.302  Contract administration functions.

    (a) * * *
    (S-73) Maintain surveillance over contractor compliance with 
trafficking in persons requirements for all DoD contracts for services 
incorporating the clause at FAR 52.222-50, Combating Trafficking in 
Persons, and, when necessary, its Alternate I, as identified

[[Page 71831]]

in the clause prescription at FAR 22.1705. (See PGI 222.1703.)

[FR Doc. 2011-29426 Filed 11-17-11; 8:45 am]
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