[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Rules and Regulations]
[Pages 24887-24888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11340]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204, 212, 222, and 252
[Docket DARS-2018-0016]
RIN 0750-AJ67
Defense Federal Acquisition Regulation Supplement: Repeal of
DFARS Provision ``Representation Regarding Combating Trafficking in
Persons'' (DFARS Case 2018-D003)
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 remove a provision that is
no longer necessary and duplicative of an existing Federal Acquisition
Regulation (FAR) clause.
DATES: Effective May 30, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to remove the DFARS provision 252.222-
7007, Representation Regarding Combating Trafficking in Persons, the
associated provision prescription at DFARS 222.1771, and cross
references to the provision at DFARS 204.1202 and 212.301. The DFARS
provision notified offerors that, by submitting their offer to the
Government, they certify that they will not engage in trafficking in
persons in performance of the contract, will have policies in place to
protect the rights of its employees, and have notified employees and
subcontractors of their responsibility to report trafficking in persons
violations and their protection from reprisal for reporting any such
violation.
However, the United States Government has laws that prohibit
trafficking in persons at 22 U.S.C. chapter 78 and Executive Order
13627, Strengthening Protections Against Trafficking in Persons in
Federal Contracts. In addition, FAR clause, 52.222-50, Combating
Trafficking in Persons, provides comprehensive guidance to contractors
to ensure their compliance with the Government's laws and policies on
trafficking in persons when performing under a Federal contract.
Specifically, the FAR clause prohibits contractors from engaging in
trafficking in persons during the performance of the contract, requires
contractors to notify its employees and subcontractors of the
Government's policy on trafficking in persons, and requires the
contractor to have a compliance plan in place to ensure agreement with
Federal law and policy. The purpose of the DFARS provision was to
simply affirm that the contractor will comply with Federal trafficking
in persons laws and policies. The provision contained no guidance or
policy unique to DoD. As such, this DFARS provision is unnecessary and
can be removed.
The removal of this DFARS text supports a recommendation from the
DoD Regulatory Reform Task Force. On February 24, 2017, the President
signed Executive Order (E.O.) 13777, ``Enforcing the Regulatory Reform
Agenda,'' which established a Federal policy ``to alleviate unnecessary
regulatory burdens'' on the American people. In accordance with E.O.
13777, DoD established a Regulatory Reform Task Force to review and
validate DoD regulations, including the DFARS. A public notice of the
establishment of the DFARS Subgroup to the DoD Regulatory Reform Task
Force, for the purpose of reviewing DFARS provisions and clauses, was
published in the Federal Register at 82 FR 35741 on August 1, 2017, and
requested public input. Two public comments were received on this
provision. Both comments recommended elimination of the provision, as
it is unnecessary. Subsequently, the DoD Task Force reviewed the
requirements of DFARS provision 252.222-7007, Representation Regarding
Combating Trafficking in Persons, and determined that the DFARS
coverage was unnecessary and recommended removal.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule does not add any new provisions or clauses or impact
existing provisions or clauses. The rule merely removes DFARS provision
252.222-7007, Representation Regarding Combating Trafficking in Persons
that is redundant to FAR clause, 52.222-50, Combating Trafficking in
Persons.
III. Publication of This Final Rule for Public Comment is not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is the Office of Federal Procurement
Policy statute (codified at title 41 of the United States Code).
Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy,
regulation, procedure or form (including an amendment or modification
thereof) must be published for public comment if it relates to the
expenditure of appropriated funds, and has either a significant effect
beyond the internal operating procedures of the agency issuing the
policy, regulation, procedure, or form, or has a significant cost or
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment, because DoD is not
issuing a new regulation; rather, this rule merely removes an obsolete
provision from the DFARS.
IV. Executive Orders 12866 and 13563
Executive Order (E.O.) 12866, Regulatory Planning and Review; and
E.O. 13563, Improving Regulation and Regulatory Review, 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
[[Page 24888]]
equity). E.O. 13563 emphasizes the importance of quantifying both costs
and benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. The Office of Management and Budget, Office of Information
and Regulatory Affairs (OIRA), has determined that this is not a
significant regulatory action as defined under section 3(f) of E.O.
12866 and, therefore, was not subject to review under section 6(b).
This rule is not a major rule as defined at 5 U.S.C. 804(2).
V. Exe This rule is not an E.O. 13771, Reducing and Controlling
Regulatory Costs, regulatory action, because this rule is not
significant under E.O. 12866.cutive Order 13771
This rule is not an E.O. 13771, Reducting and Controlling
Regulatory Costs, regulatory action, because this rule is not
significant under EO 12866.
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility analysis is
required and none has been prepared.
VII. 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 Parts 204, 212, 222, and 252
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
PART 204--ADMINISTRATIVE MATTERS
Therefore, 48 CFR parts 204, 212, 222, and 252 are amended as
follows:
0
1. The authority citation for parts 204, 212, 222, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
204.1202 [Amended]
0
2. Amend section 204.1202 by--
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a. Removing paragraph (2)(iv); and
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b. Redesignating paragraphs (2)(v) through (xiv) as paragraphs (iv)
through (xiii), respectively.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.301 [Amended]
0
3. Amend section 212.301 by--
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a. Removing paragraph (f)(viii); and
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b. Redesignating paragraphs (f)(ix) through (xx) as paragraphs
(f)(viii) through (xix), respectively.
PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
222.1771 [Removed]
0
4. Remove section 222.1771.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.222-7007 [Removed]
0
5. Remove section 252.222-7007.
[FR Doc. 2018-11340 Filed 5-29-18; 8:45 am]
BILLING CODE 5001-06-P