[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Rules and Regulations]
[Pages 39201-39203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16771]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 203 and 252
[Docket DARS-2019-0042]
RIN 0750-AK48
Defense Federal Acquisition Regulation Supplement: Modification
of DFARS Clauses Related to the Display of Hotline Posters (DFARS Case
2019-D011)
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 update contact information
in two DFARS clauses that address the display of hotline posters.
DATES: Effective August 9, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to update the DoD hotline poster online
address included in DFARS clause 252.203-7004, Display of Hotline
Posters, and to update the DoD Office of the Inspector General (OIG)
contact information in DFARS clause 252.203-7003, Agency Office of the
Inspector General.
DFARS clause 252.203-7004 is included in noncommercial
solicitations and contracts with an estimated value exceeding $5
million, in lieu of the clause at Federal Acquisition Regulation (FAR)
52.203-14, Display of Hotline Posters. The DFARS clause requires
contractors to display DoD hotline posters when contract performance is
in the United States or overseas and provides contractors with an
online address to use to obtain the current DoD hotline poster. This
rule updates the DoD hotline poster online address in the clause, which
is no longer accurate.
[[Page 39202]]
Additionally, DoD is amending the DFARS to update the DoD OIG
contact information in DFARS clause 252.203-7003 and subpart 203.1003.
This rule updates the mailing address to correct the suite number and
provides a website for the DoD OIG.
II. Discussion and Analysis
The modification of DFARS clause 252.203-7004 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
respondents submitted public comments on DFARS clause 252.203-7004,
which are summarized below:
Comment: The respondents advised that the DFARS clause should be
eliminated; or, at a minimum, revised to either allow the electronic
poster to suffice, or to allow the contractor's internal anonymous
reporting channels to substitute for the DoD hotline poster. The
respondents expressed that it is burdensome and costly to hang the
posters and translate them into the local language, when necessary. The
respondents noted that contractors are required under FAR 52.203-13,
Contractor Code of Business Ethics and Conduct, to have robust ethics
and compliance programs, reporting channels for misconduct, and to
disclose evidence of certain types of misconduct to the Inspector
General's office. The respondents state that requiring the distribution
and translation of posters does not add benefits that outweigh the
costs of the requirement.
Response: In support of the requirements of Executive Order 13627,
Strengthening Protections Against Trafficking in Persons in Federal
Contracts, it is a DoD initiative to ensure that no taxpayer resources
are used to support human trafficking. DFARS clause 252.203-7004 is
used in lieu of the FAR clause and requires the display of hotline
posters for applicable contracts being performed overseas, as well
within the United States. DoD requires posters to be displayed to
ensure that contractor employees who do not have access to the internet
are aware of their labor rights and have a means of reporting suspected
labor violations directly to the DoD OIG. It is also necessary that the
posters be translated into the local language so that contractor
employees understand the content of the posters.
The DoD Task Force reviewed the requirements of DFARS clause
252.203-7004, and determined that the DFARS clause was out of date and
recommended its modification to update the contact information. No
change is made to the clause as a result of the public comments
received.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule only updates contact information in two existing clauses.
The rule does not impose any new requirements on contracts at or below
the simplified acquisition threshold and for commercial items,
including commercially available off-the-shelf items.
IV. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 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 is
merely updating contact information already provided for in existing
clauses.
V. Executive Orders 12866 and 13563
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.
VI. Executive Order 13771
This final rule is not subject to E.O. 13771, because this rule is
not a significant regulatory action under E.O. 12866.
VII. 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 IV. 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.
VIII. 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 203 and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 203 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 203 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
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2. Amend section 203.1003(b) by--
0
a. Removing ``Investigative Policy and Oversight'' and adding
``Administrative Investigations'' in its place;
0
b. Removing ``Suite 11H25'' and adding ``Suite 14L25'' in its place;
and
0
b. Removing ``866-429-8011.'' and adding ``866-429-8011. Website:
https://www.dodig.mil/Programs/Contractor-Disclosure-Program/.'' in its
place.
[[Page 39203]]
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.203-7003 [Amended]
0
3. Amend section 252.203-7003 by--
0
a. Removing the clause date ``(DEC 2012)'' and adding ``(AUG 2019)'' in
its place;
0
a. Removing ``Investigative Policy and Oversight'' and adding
``Administrative Investigations'' in its place;
0
b. Removing ``Suite 11H25'' and adding ``Suite 14L25'' in its place;
and
0
b. Removing ``866-429-8011.'' and adding ``866-429-8011. Website:
https://www.dodig.mil/Programs/Contractor-Disclosure-Program/.'' in its
place.
252.203-7004 [Amended]
0
4. Amend section 252.203-7004 by--
0
a. Removing the clause date ``(MAY 2019)'' and adding ``(AUG 2019)'' in
its place; and
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c. In paragraph (c)(1), removing ``http://www.dodig.mil/hotline/
hotline_posters.htm'' and adding, ``https://www.dodig.mil/Resources/Posters-and-Brochures/'' in its place.
[FR Doc. 2019-16771 Filed 8-8-19; 8:45 am]
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