[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
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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