[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Proposed Rules]
[Pages 45456-45459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18492]


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DEPARTMENT OF LABOR

48 CFR Part 2902

[DOL Docket No. DOL-2019-0002]
RIN 1291-AA42


Revisions to the Acquisition Regulations

AGENCY: Office of the Assistant Secretary for Administration and 
Management, Department of Labor.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Labor (Department) proposes to amend three 
definitions in the Department of Labor Acquisition Regulation (DOLAR) 
in order to provide the Secretary of Labor greater flexibility and a 
streamlined procedure to delegate procurement authority and appoint 
procurement officials. Currently, the definitions section of DOLAR 
delegates the Secretary's procurement authority to certain specified 
Department officials. The proposed changes would remove some of those 
specific designations, allowing the Secretary to delegate the 
Secretary's procurement authority and assign roles and responsibilities 
related to procurement through internal guidance, without the need to 
revise the DOLAR.

DATES: Comments to this proposal and other information must be 
submitted (transmitted, postmarked, or delivered) by September 30, 
2019. All submissions must bear a postmark or provide other evidence of 
the submission date.

ADDRESSES: You may submit comments, identified by Regulatory 
Information Number (RIN) 1291-AA42, by one of the following methods:
    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the 
website instructions for submitting comments.
    Mail and hand delivery/courier: Written comments, disk, and CD-ROM 
submissions may be mailed to Herman J. Narcho, U.S. Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, Office of the Chief Procurement Officer, 200 Constitution 
Avenue NW, Room N-2445, Washington, DC 20210.
    Instructions: Label all submissions with ``RIN 1291-AA42.''
    Please submit your comments by only one method. Please be advised 
that the Department will post all comments received that relate to this 
NPRM on http://www.regulations.gov without making any change to the 
comments or redacting any information. The http://www.regulations.gov 
website is the Federal e-rulemaking portal, and all comments posted 
there are available and accessible to the public. Therefore, the 
Department recommends that commenters remove personal information such 
as Social Security Numbers, personal addresses, telephone numbers, and 
email addresses included in their comments, as such information may 
become easily available to the public via the http://www.regulations.gov website. It is the responsibility of the commenter 
to safeguard personal information.
    Also, please note that, due to security concerns, postal mail 
delivery in Washington, DC may be delayed. Therefore, the Department 
encourages the public to submit comments on http://www.regulations.gov.
    Docket: All comments on this proposed rule will be available on the 
http://www.regulations.gov website, and can be found using RIN1291-
AA42. The Department also will make all the comments it receives 
available for public inspection by appointment during normal business 
hours at the address below (For Further Information Contact section). 
If you need assistance to review the comments, the Department will 
provide appropriate aids, such as readers or print magnifiers. The 
Department will make copies of this proposed rule available, upon 
request, in large print and via electronic file. To schedule an 
appointment to review the comments and/or obtain the proposed rule in 
an alternative format, contact the Office of the Assistant Secretary 
for Administration and Management's Office of the Chief Procurement 
Officer at (202) 693-7171 (this is not a toll-free number). You may 
also contact this office at the address listed below.

FOR FURTHER INFORMATION CONTACT: Herman J. Narcho, U.S. Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, Office of the Chief Procurement Officer, 200 Constitution 
Avenue NW, Room N-2445, Washington, DC 20210; telephone (202) 693-7171 
(this is not a toll-free number).

[[Page 45457]]

    Individuals with hearing or speech impairments may access the 
telephone number above via TTY by calling the toll-free Federal 
Information Relay Service at 1-877-889-5627.

SUPPLEMENTARY INFORMATION:

I. Background

    As noted in the Federal Acquisition Regulation (FAR), ``[t]he 
Federal Acquisition Regulations System is established for the 
codification and publication of uniform policies and procedures for 
acquisition by all executive agencies.'' 48 CFR 1.101. In addition, the 
FAR allows executive agencies to publish regulations which supplement 
the FAR. 48 CFR 1.301. The DOLAR is the Department's supplementary 
regulation for the FAR.
    The DOLAR was published on April 27, 2004, 69 FR 22991. The 
Department is now proposing to amend three DOLAR definitions found at 
48 CFR 2902.101(b): Head of Agency, Head of Contracting Activity, and 
Senior Procurement Executive.
    Presently, all three definitions delegate the Secretary's 
procurement authority to specific Department officials for various 
functions related to their agencies. The intent of this rulemaking is 
to remove those delegations to allow the Secretary greater flexibility 
in delegating procurement authority through internal processes and 
procedures. It is anticipated that the revisions to the three 
definitions will substantially reduce the time necessary to delegate 
procurement authority. As this rulemaking only changes the process for 
delegating procurement authority, DOL does not believe that this 
rulemaking will affect the rights or responsibilities of the 
procurement community.
    These revisions are consistent with the Department's overall goal 
of updating and streamlining its regulations. This proposed rule is 
consistent with the President's Management Agenda Cross-Agency Priority 
(CAP) Goal Number 5--Sharing Quality Services. The Department is 
implementing this CAP goal, in part, via the Department's Enterprise-
Wide Shared Services Initiatives whose primary goals are as follows:
    1. Improve human resources efficiency, effectiveness, and 
accountability;
    2. Provide modern technology solutions that empower the DOL mission 
and serve the American public through collaboration and innovation;
    3. Maximize DOL's federal buying power through effective 
procurement management; and
    4. Safeguard fiscal integrity, and promote the effective and 
efficient use of resources.
    This proposal will assist the Department's implementation of its 
Enterprise-Wide Shared Services Initiative.
    This rule is not an Executive Order 13771 regulatory action because 
this rule is not significant under Executive Order 12866.

II. Consideration of Comments

    The Department requests comment on all issues related to this 
proposed rule. As discussed more fully below, this proposed rule is the 
companion document to a direct final rule (DFR) published in the 
``Rules'' section of this issue of the Federal Register. If the 
Department receives no significant adverse comment on the proposal or 
DFR, the Department will publish a Federal Register document confirming 
the effective date of the DFR and withdrawing this companion NPRM. Such 
confirmation may include minor stylistic or technical changes to the 
DFR. For the purpose of judicial review, the Department views the date 
of confirmation of the effective date of the DFR as the date of 
promulgation. If, however, the Department receives a significant 
adverse comment on the DFR or proposal, the Department will publish a 
timely withdrawal of the DFR and proceed with the proposed rule, which 
addresses the same revisions to the procedure for delegation of 
procurement authority and the appointment of procurement officials.

III. Direct Final Rulemaking

    As noted above, in addition to publishing this NPRM, the Department 
is concurrently publishing a companion DFR in the Federal Register. In 
direct final rulemaking, an agency publishes a DFR in the Federal 
Register, with a statement that the rule will go into effect unless the 
agency receives significant adverse comment within a specified period. 
The agency may publish an identical concurrent NPRM. If the agency 
receives no significant adverse comment in response to the DFR, the 
rule goes into effect. The Department plans to confirm the effective 
date of a DFR through a separate Federal Register document. If the 
agency receives a significant adverse comment, the agency will withdraw 
the DFR and treats such comment as a response to the NPRM. An agency 
typically uses direct final rulemaking when an agency anticipates that 
a rule will not be controversial.
    For purposes of the DFR, a significant adverse comment is one that 
explains why the amendments to the regulatory provisions identified 
below would be inappropriate. In determining whether a comment 
necessitates withdrawal of the DFR, the Department will consider 
whether the comment raises an issue serious enough to warrant a 
substantive response. The Department will not consider a comment 
recommending an additional amendment to this regulation to be a 
significant adverse comment unless the comment states why the DFR would 
be ineffective without the addition.
    The comment period for this NPRM runs concurrently with that of the 
DFR. The Department will treat comments received on the NPRM as 
comments also regarding the companion DFR. Similarly, the Department 
will consider comments submitted to the companion DFR as comment to the 
NPRM. Therefore, if the Department receives a significant adverse 
comment on either the DFR or this NPRM, it will withdraw the companion 
DFR and proceed with the NPRM. In the event the Department withdraws 
the DFR because of significant adverse comment, the Department will 
consider all timely comments received in response to the DFR when it 
continues with the NPRM. After carefully considering all comments to 
the DFR and the NPRM, the Department will decide whether to publish a 
new final rule.
    The Department has determined that the subject of this rulemaking 
is suitable for direct final rulemaking. This proposed amendment is 
procedural in nature and does not impact the process by which offerors 
respond to solicitations, the substance of their responses, or the 
criteria upon which the solicitation will be evaluated. Finally, the 
revisions do not impose any new costs or burdens. For these reasons, 
the Department does not anticipate objections from the public to this 
rulemaking action.

IV. Discussion of Proposed Changes

    The Department amends three DOLAR definitions found at 48 CFR 
2902.101(b): Head of Agency, Head of Contracting Activity, and Senior 
Procurement Executive. Presently, all three definitions delegate the 
Secretary's procurement authority to specific Department officials for 
various functions related to their agencies. Specifically, the Head of 
Agency is defined as the Assistant Secretary for Administration and 
Management except the Secretary of Labor is the Head of Agency for 
acquisition actions, which by the terms of a statute or delegation must 
be performed specifically by the Secretary of Labor; and the Inspector 
General is Head of Agency in all cases

[[Page 45458]]

for the Office of the Inspector General. Further, the definition 
delegates authority to act as the Head of Agency to the Assistant 
Secretary for Employment and Training and the Assistant Secretary for 
Mine Safety and Health for their respective agencies. Finally, for 
purposes of the Economy Act (determinations and interagency agreements 
under the Federal Acquisition Regulation, 48 CFR chapter 1 subpart 
17.5--Interagency Acquisitions) only, the Employee Benefits Security 
Administration, Employment Standards Administration, Women's Bureau, 
Office of the Solicitor, Bureau of Labor Statistics, Office of 
Disability Employment Policy, and the Occupational Safety and Health 
Administration are delegated contracting authority.
    For purposes of the FAR and DOLAR, the proposed revision would 
define the Head of Agency as the Secretary of Labor or his/her designee 
except that the Secretary of Labor is the Head of Agency for 
acquisition actions, which by the terms of a statute or delegation must 
be performed specifically by the Secretary of Labor. In addition, in 
all cases for the Office of the Inspector General, the Inspector 
General would be the Head of Agency.
    Head of Contracting Activity (HCA) is currently defined as the 
official who has overall responsibility for managing the contracting 
activity, when the contracting activity has more than one person with a 
warrant issued by the Senior Procurement Executive. The definition 
identifies the following positions as HCA for their respective 
organizations: The Director, Administration and Management for the Mine 
Safety and Health Administration; the Director, Office of Grants and 
Contract Management for the Employment and Training Administration; the 
Director, Division of Finance and Administration [since renamed the 
Director of Procurement and Administrative Services] for the Office of 
the Inspector General; the Director, Division of Administrative 
Services for the Bureau of Labor Statistics; and the Director, Business 
Operations Center for the Office of the Assistant Secretary for 
Administration and Management and all other agencies not listed in this 
definition. The proposed revision would remove the identification of 
these specific offices as HCAs, leaving the definition of HCA as the 
official who has overall responsibility for managing the contracting 
activity, when the contracting activity has more than one person with a 
warrant issued by the Senior Procurement Executive.
    Finally, the Senior Procurement Executive is defined as the Deputy 
Assistant Secretary for Administration and Management as defined at 48 
CFR 2.101. The proposed revision would define Senior Procurement 
Executive as the Deputy Assistant Secretary for Administration and 
Management or his/her designee.
    With the exception of the delegation to the Inspector General to be 
the Head of Agency for Office of Inspector General procurement matters, 
the intent of this rulemaking is to remove those delegations to allow 
the Secretary greater flexibility in delegating procurement authority 
through internal processes and procedures, which in turn will aid in 
the implementation of the Department's Enterprise-Wide Shared Services 
Initiative described above.

V. Rulemaking Analyses and Notices

Executive Orders 12866 (Regulatory Planning and Review), 13563 
(Improving Regulation and Regulatory Review), and 13771 (Reducing 
Regulation and Controlling Regulatory Costs)

    Executive Order 12866 requires that regulatory agencies assess both 
the costs and benefits of significant regulatory actions. Under the 
Executive Order, a ``significant regulatory action'' is one meeting any 
of a number of specified conditions, including the following: Having an 
annual effect on the economy of $100 million or more; creating a 
serious inconsistency or interfering with an action of another agency; 
materially altering the budgetary impact of entitlements or the rights 
of entitlement recipients, or raising novel legal or policy issues. The 
Department has determined that this proposed rulemaking is not a 
``significant'' regulatory action and a cost-benefit and economic 
analysis is not required. This regulation merely makes an 
administrative change to the manner in which procurement authority is 
delegated within the Department. This rule is not an Executive Order 
13771 regulatory action because this rule is not significant under 
Executive Order 12866.
    Executive Order 13563 directs 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). Executive Order 13563 
emphasizes the importance of quantifying both costs and benefits, 
reducing costs, harmonizing rules, and promoting flexibility to 
minimize burden.
    This rule makes only a procedural change to amend three definitions 
in the DOLAR in order to provide the Secretary of Labor greater 
flexibility and a streamlined procedure for the delegation of 
procurement authority and the appointment of procurement officials; 
thus this rule is not expected to have any regulatory impacts.

Regulatory Flexibility Act/Small Business Regulatory Enforcement 
Fairness Act

    The Regulatory Flexibility Act (RFA), at 5 U.S.C. 603(a), requires 
agencies to prepare and make available for public comment an initial 
regulatory flexibility analysis, which describes the impact of the 
proposed Rule on small entities. Section 605 of the RFA allows an 
agency to certify a Rule, in lieu of preparing an analysis, if the 
proposed rulemaking is not expected to have a significant economic 
impact on a substantial number of small entities. This proposed rule 
does not affect small entities as defined in the RFA. Therefore, the 
proposed rule will not have a significant economic impact on a 
substantial number of these small entities. Therefore, the Department 
certifies that the proposed rule will not have a significant economic 
impacts on a substantial number of small entities.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the Department consider the impact of paperwork and other 
information collection burdens imposed on the public. The Department 
has determined that this rule does not alter any information collection 
burdens.

Executive Order 13132 (Federalism)

    Section 6 of E.O. 13132 requires Federal agencies to consult with 
State entities when a regulation or policy may have a substantial 
direct effect on the States, the relationship between the National 
Government and the States, or the distribution of power and 
responsibilities among the various levels of government, within the 
meaning of the E.O. Section 3(b) of the E.O. further provides that 
Federal agencies must implement regulations that have a substantial 
direct effect only if statutory authority permits the regulation and it 
is of national significance.
    This proposed rule does not have a substantial direct effect on the 
States, the relationship between the National Government and the 
States, or the distribution of power and

[[Page 45459]]

responsibilities among the various levels of Government, within the 
meaning of the E.O. This proposed rule merely makes an administrative 
change for internal Departmental operations.

Unfunded Mandates Reform Act of 1995

    This regulatory action has been reviewed in accordance with the 
Unfunded Mandates Reform Act of 1995 (the Reform Act). Under the Reform 
Act, a Federal agency must determine whether a regulation proposes a 
Federal mandate that would result in the increased expenditures by 
State, local, or tribal governments, in the aggregate, or by the 
private sector, of $100 million or more in any single year. This 
proposed rule merely makes an administrative change to the manner in 
which procurement authority is delegated within the Department. The 
requirements of Title II of the Act, therefore, do not apply, and the 
Department has not prepared a statement under the Act.

Executive Order 13175 (Indian Tribal Governments)

    The Department has reviewed the NPRM under the terms of E.O. 13175 
and DOL's Tribal Consultation Policy, and have concluded that the 
changes to regulatory text which are the focus of the NPRM would not 
have tribal implications, as these changes do not have substantial 
direct effects on one or more Indian tribes, the relationship between 
the Federal government and Indian tribes, nor the distribution of power 
and responsibilities between the Federal government and Indian tribes. 
Therefore, no consultations with tribal governments, officials, or 
other tribal institutions were necessary.

List of Subjects in 48 CFR Part 2902

    Government procurement.

    For the reasons stated in the preamble, the Department proposes to 
amend 48 CFR part 2902 as follows:

PART 2902--DEFINITIONS OF WORDS AND TERMS

0
1. The authority citation for part 292 continues to read as follows:

    Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).

0
2. In section 2902.101, amend paragraph (b) by revising the definitions 
of ``Head of Agency'', ``Head of Contracting Activity'', and ``Senior 
Procurement Executive'' to read as follows:


2902.101  Definitions.

* * * * *
    (b) * * *
    Head of Agency (also called agency head), for the FAR and DOLAR 
only, means the Secretary of Labor or his/her designee except that the 
Secretary of Labor is the Head of Agency for acquisition actions, which 
by the terms of a statute or delegation must be performed specifically 
by the Secretary of Labor; the Inspector General is the Head of Agency 
in all cases for the Office of the Inspector General.
    Head of Contracting Activity (HCA) means the official who has 
overall responsibility for managing the contracting activity, when the 
contracting activity has more than one person with a warrant issued by 
the Senior Procurement Executive or, in the case of the Office of the 
Inspector General, issued by the Inspector General or his/her designee. 
Each Head of Agency may designate HCA(s) as appropriate to be 
responsible for managing contracting activities within his or her 
respective Agency.
    Senior Procurement Executive means the Deputy Assistant Secretary 
for Administration and Management or his/her designee.

Bryan Slater,
Assistant Secretary for Administration and Management, Labor.
[FR Doc. 2019-18492 Filed 8-28-19; 8:45 am]
BILLING CODE 4510-04-P