[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Rules and Regulations]
[Pages 45434-45437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18493]
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DEPARTMENT OF LABOR
48 CFR Part 2902
[DOL Docket No. DOL-2019-0003]
RIN 1291-AA42
Revisions to the Acquisition Regulations
AGENCY: Office of the Assistant Secretary for Administration and
Management, Department of Labor.
ACTION: Direct final rule; request for comment.
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SUMMARY: In this direct final rule (DFR), the Department of Labor
(Department) is amending 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 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: This DFR will become effective on October 28, 2019 unless
significant adverse comment is submitted (transmitted, postmarked, or
delivered) by September 30, 2019. If DOL receives significant adverse
comment, the Agency will publish a timely withdrawal in the Federal
Register informing the public that this DFR will not take effect (see
Section III, Direct Final Rulemaking,'' for more details on this
process). Comments to this DFR 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
DFR 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 DFR 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 DFR available, upon request, in large print
and via electronic file. To schedule an appointment to review the
comments and/or obtain the DFR 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).
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 amending 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
[[Page 45435]]
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 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, 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 rule 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 will consider comment on issues related to this
action. If the Department receives no significant adverse comment, the
Department will publish a Federal Register document confirming the
effective date of the DFR and withdrawing this companion Notice of
Proposed Rulemaking (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.
III. Direct Final Rulemaking
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 this 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.
In addition to publishing this DFR, the Department is publishing a
NPRM in the Federal Register. The comment period for the NPRM runs
concurrently with that of the DFR. The Department will treat comments
received on the companion NPRM as comments also regarding the DFR.
Similarly, the Department will consider comments submitted to the DFR
as comment to the companion NPRM. Therefore, if the Department receives
a significant adverse comment on either the DFR or this NPRM, it will
withdraw this DFR and proceed with the companion 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 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 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 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 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 revision defines 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 is 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 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
[[Page 45436]]
other agencies not listed in this definition. The revision removes 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 revision defines 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 rulemaking removes 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 DFR is not a ``significant''
regulatory action and a cost-benefit and economic analysis is not
required. This regulatory action merely makes a procedural change to
the process for delegating procurement authority. 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 DFR 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 DFR 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. 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 DFR 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 DFR 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 responsibilities among the various levels of
Government, within the meaning of the E.O. This DFR 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
regulatory action merely makes a procedural change to the process for
delegating procurement authority. 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 DFR 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 DFR 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 amends 48
CFR part 2902 as follows:
PART 2902--DEFINITIONS OF WORDS AND TERMS
0
1. The authority citation for part 2902 continues to read as follows:
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
[[Page 45437]]
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.
* * * * *
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. 2019-18493 Filed 8-28-19; 8:45 am]
BILLING CODE 4510-04-P