[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Proposed Rules]
[Pages 28816-28817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10829]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2016-0016]
RIN 0750-AI94
Defense Federal Acquisition Regulation Supplement: Display of
Hotline Posters (DFARS Case 2016-D018)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to consolidate the multiple hotline
posters into one poster that delineates multiple reportable offenses.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before July 11, 2016, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2016-D018, using
any of the following methods:
[cir] Regulations.gov: http://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2016-D018''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2016-D018.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2016-D018'' on your attached document.
[cir] Email: [email protected]. Include DFARS Case 2016-D018 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Mr.
Christopher Stiller, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Christopher Stiller, telephone
571-372-6176.
SUPPLEMENTARY INFORMATION:
I. Background
This rule proposes to revise the DFARS to update DFARS clause
252.203-7004, Display of Hotline Posters. This clause currently
requires the display of a DoD fraud hotline poster, a separate
combating trafficking in persons poster, and a whistleblower protection
poster. DoD has consolidated the posters into one poster to reduce the
number of posters required to be displayed and proposes updating the
clause accordingly. This rule also removes the United States-only
restriction for use of the DoD poster, because the human trafficking
poster requires display outside the United States, even though the
fraud hotline poster did not. Additionally, if the contract is funded,
in whole or in part, by the Department of Homeland Security (DHS)
disaster relief funds and the work is to be performed in the United
States, the DHS fraud hotline poster must also be displayed. The clause
also is amended to provide contact information for obtaining the DHS
poster.
II. 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 not a significant regulatory action and, therefore, was not
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.
III. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
However, an initial regulatory flexibility analysis has been performed
and is summarized as follows:
[[Page 28817]]
The Defense Federal Acquisition Regulation Supplement (DFARS)
clause 252.203-7004, Display of Hotline Posters, currently requires, in
certain circumstance, the display of a DoD fraud hotline poster, a DoD
Combatting Trafficking in Persons hotline poster, and a Department of
Homeland Security (DHS) fraud hotline poster. The DoD Inspector General
has consolidated the DoD hotline posters; therefore, only a one DoD
poster is required.
DoD is proposing to amend the clause to clarify that only one DoD
poster is required and to remove the United States-only applicability
for the DoD fraud hotline poster. The rule also proposes to add contact
information for obtaining the DHS hotline poster.
The clause is required for use in contracts with an estimated value
greater than $5.5 million, except contracts awarded using Federal
Acquisition Regulations part 12 commercial item procedures for the
acquisition of commercial item. According to data available in the
Federal Procurement Data System, in fiscal year (FY) 2015, DoD awarded
4,180 contracts meeting this criteria to 2,656 unique vendors, of which
1,598 (approximately 60% percent) were small businesses. DoD estimates
the total number of small businesses affected by this rule to be
approximately 1,920 small businesses (the total for FY 2015 plus 20
percent to accommodate subcontractor applicability).
This proposed rule does not add any new reporting, recordkeeping,
or compliance requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
There are no known alternatives to accomplish the objectives of the
proposed rule. The impact of this rule on small business is expected to
be insignificant.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C 610 (DFARS Case 2016-D018), in
correspondence.
IV. 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 252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is proposed to be amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for part 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 252.203-7004 by--
0
a. Removing the clause date ``(OCT 2015)'' and adding ``(DATE)'' in its
place;
0
b. Revising paragraph (b);
0
c. Removing paragraph (c);
0
d. Redesignating paragraphs (d) and (e) as paragraphs (c) and (d),
respectively;
0
e. In newly redesignated paragraph (c)(1), removing ``These DoD hotline
posters'' and adding ``The DoD hotline poster'' in its place;
0
f. In newly redesignated paragraph (c)(2), removing ``posters are'' and
adding ``poster is'' in its place and removing ``(d)(1)'' and adding ''
(c)(1)'' in its place; and
0
g. In newly designated paragraph (d), removing ``(e)'' and adding
``(d)'' in its place.
The revision reads as follows:
252.203-7004 Display of Hotline Posters.
* * * * *
(b) Display of hotline poster(s). (1) The Contractor shall display
prominently the DoD fraud, waste, and abuse hotline poster, in effect
at time of contract award prepared by the DoD Office of the Inspector
General, in common work areas within business segments performing work
under DoD contracts.
(2) If the contract is funded, in whole or in part, by Department
of Homeland Security (DHS) disaster relief funds and the work is to be
performed in the United States the DHS fraud hotline poster shall be
displayed in addition to the DoD hotline poster. If a display of a DHS
fraud hotline poster is required, the Contractor may obtain such poster
from: DHS Office of Inspector General/MAIL STOP 0305, Attn: Office of
Investigations--Hotline, 245 Murray Lane SW., Washington, DC 20528-
0305, or also available via the internet at https://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg.
* * * * *
[FR Doc. 2016-10829 Filed 5-9-16; 8:45 am]
BILLING CODE 5001-06-P