[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Proposed Rules]
[Pages 60612-60631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17739]


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DEPARTMENT OF LABOR

48 CFR Chapter 29

RIN 1291-AA43


DOL Acquisition Regulation: Department of Labor Acquisition 
Regulation System

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

ACTION: Notice of proposed rulemaking; request for comments.

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SUMMARY: The Department of Labor (DOL) is proposing to revise the 
Department of Labor Acquisition Regulations (DOLAR), in its entirety in 
order to update and streamline agency procurement regulations 
consistent with the Federal Acquisition Reform Act, and the Federal 
Acquisition Streamlining Act. The proposed updates remove provisions 
that are redundant or obsolete and codify the use of certain 
contractual provisions that DOL has developed and deployed in recent 
years in order to put potential contractors on notice of these 
provisions and to formalize their usage. The provisions address a range 
of matters, including: government property, continuity of operations, 
system requirements,

[[Page 60613]]

records management, telework policy for contractor personnel, 
submission of invoices, mandatory training for contractors, 
organizational conflicts of interest, and changing the scope of a 
contract. Proposed edits have also been made to existing language for 
clarity and streamlining purposes and do not change the substantive 
meaning of those provisions. The proposed revision will also remove 
provisions in the current DOLAR that are DOL internal operating 
procedures, which need not be published in the Code of Federal 
Regulations in order for them to take effect. The current DOLAR 
supplements the executive branch-wide Federal Acquisition Regulations 
(FAR) to address matters specific to the Department of Labor relating 
to its procurement of goods and services. It also includes certain 
rules governing private entities doing business with DOL.

DATES: Comments must be received on or before November 6, 2023 to be 
considered in the formulation of the final rule.

ADDRESSES: Comments may be submitted through www.Regulations.gov. 
Follow the website instructions for submitting comments. The electronic 
Federal Docket Management System at www.regulations.gov will accept 
electronic comments until 11:59 p.m. Eastern Time on the comment due 
date. Comments received will be available at regulations.gov for public 
viewing, inspection, or copies.

FOR FURTHER INFORMATION CONTACT: Ms. Isela Martin, Office of Suspension 
and Debarment, N-2445, 200 Constitution Ave. NW, Washington, DC 20210, 
(202) 693-7294. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: 

I. Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of this 
rule via one of the methods and by the deadline stated above. All 
comments must be submitted in English or accompanied by an English 
translation. DOL also invites comments that relate to the economic, 
environmental, or federalism effects that might result from this rule. 
Comments that will provide the most assistance to DOL in developing 
these procedures will reference a specific portion of the rule, explain 
the reason for any recommended change, and include data, information, 
or authority that supports such recommended change.
    Please note that all comments received are considered part of the 
public record and made available for public inspection at 
www.regulations.gov. Such information includes personally identifying 
information (PII) (such as your name, address, etc.). Interested 
persons are not required to submit their personally identifying 
information in order to comment on this rule. However, any PII that is 
submitted is subject to being posted to the publicly accessible 
www.regulations.gov site without redaction.
    Confidential business information identified and located as set 
forth above will not be placed in the public docket file. DOL may 
withhold from public viewing information provided in comments that they 
determine may impact the privacy of an individual or is offensive. For 
additional information, please read the Privacy Act notice that is 
available via the link in the footer of www.regulations.gov. To inspect 
the agency's public docket file in person, you must make an appointment 
with the agency. Please see the FOR FURTHER INFORMATION CONTACT section 
above for agency contact information.

II. Discussion

A. Background--The FAR, the OFPP Act, and the DOLAR

    When Federal agencies acquire supplies and services using 
appropriated funds, the purchase is governed by the government-wide 
FAR, set forth at Title 48 of the Code of Federal Regulations (CFR), 
Chapters 1 through 53, and by agency specific regulations that 
implement and supplement the FAR. DOL's agency specific procurement 
regulations are found in the DOLAR, which is set forth at Chapter 29 of 
Title 48 of the CFR, Parts 2901 to 2953. The purpose of the DOLAR is to 
implement the FAR within DOL, and to supplement the FAR to address 
certain subject matter not covered in the FAR.
    This rulemaking is issued under the authority of the Office of 
Federal Procurement Policy (OFPP) Act which provides the authority for 
an agency head to issue agency acquisition regulations that implement 
or supplement the FAR. DOL is proposing to revise the DOLAR in its 
entirety in order to update and streamline agency procurement 
regulations consistent with the Federal Acquisition Reform Act, and the 
Federal Acquisition Streamlining Act. The proposed updates remove 
provisions that are redundant or obsolete and codify provisions 
addressing a range of matters, including: government property, 
continuity of operations, system requirements, records management, 
telework policy for contractor personnel, submission of invoices, 
mandatory training for contractors, organizational conflicts of 
interest, and changing the scope of a contract. Proposed edits have 
also been made to existing language for clarity and streamlining 
purposes and do not change the substantive meaning of those provisions. 
The proposed revision will also remove provisions in the current DOLAR 
that are DOL internal operating procedures, which need not be published 
in the Code of Federal Regulations in order for them to take effect, 
per 41 U.S.C. 1707 and FAR 1.301(b), 1.303(b). These provisions are not 
expected to have significant cost or administrative impact on 
contractors or offerors.
    Codified acquisition regulations may be amended and revised only 
through rulemaking. The DOLAR uses the regulatory structure and 
arrangement of the FAR, and headings and subject areas are consistent 
with FAR content. The DOLAR is divided into subchapters, parts (each of 
which covers a separate aspect of acquisition), subparts and sections.

B. Relation of the FAR to the DOLAR

    The FAR contains many requirements related to agency procurements, 
which will not be repeated in DOL's proposed revision of the DOLAR. If 
the DOLAR does not include provisions supplementing the FAR under the 
corresponding part or subpart, it is because the FAR language is 
considered sufficient. Where the DOLAR does not address a FAR subject, 
the FAR guidance is to be followed. The DOLAR is not by itself a 
complete document, as it must be read in conjunction with the FAR.

C. Purpose of the Proposed Regulatory Action

    The current DOLAR was last revised effective May 27, 2004, 69 FR 
22990 (April 27, 2004). The revisions proposed in this rule will, if 
finalized: align internal departmental guidance in the DOLAR with the 
FAR, remove outdated and duplicative requirements, streamline sections, 
remove extraneous procedural information that applies only to DOL's 
internal operating procedures, and incorporate new regulatory sections 
to align with internal agency procedures as contained in DOL policy 
orders and policy instructions. This rulemaking effort creates an 
efficient DOLAR that is more straightforward. The revised DOLAR

[[Page 60614]]

will supersede the current regulation in its entirety.

D. Analysis

    As stated above, this NPRM seeks comments on proposed changes that 
revise the DOLAR in its entirety. The proposed changes will remove 
parts which contain internal DOL policy and operating procedures, as 
well as parts that duplicate or adopt the FAR by reference; add parts 
which codify clauses that are currently prescribed for incorporation in 
DOL contracts, when appropriate; and rename and renumber sections to 
streamline the DOLAR.
    The following parts of the current DOLAR are being proposed for 
removal because they are believed to relate to internal operating 
procedures of DOL and need not be published in the Federal Register 
(per 41 U.S.C. 1707 and FAR 1.301(b) & 1.303(b)): Part 2906--
Competition Requirements; Part 2908--Required Sources of Supplies and 
Services; Part 2922--Application of Labor Laws to Government 
Acquisitions; Part 2923--Environment, Energy and Water Efficiency, 
Renewable Energy Technologies, Occupational Safety, and Drug-Free 
Workplace; Part 2929--Taxes; Part 2931--Contract Cost Principles and 
Procedures; and Part 2953--Forms.
    The following parts of the current DOLAR are being proposed for 
removal because they are duplicative of the FAR, or merely adopt it by 
reference: Part 2910--Market Research is duplicative of FAR 6.302-1(c) 
and 10.002(b); Part 2912--Acquisition of Commercial items is 
duplicative of FAR 12.302(c); Part 2913--Simplified Acquisition 
Procedures is duplicative of FAR 1306-3(b) and FAR 13.307; Part 2914--
Sealed Bidding is duplicative of 14.404-1(c) and (f), 14.407-3(e), 
14.407-3(i), and 14.408-1; Part 2916--Contract Types is duplicative of 
FAR 16.505(b)(5) and 16.603-2(c); Part 2917--Special Contracting 
Methods duplicates and adopts by reference FAR 17.203(g)(2), FAR 
17.205(a), FAR 17.207(f), and FAR 17.503; Part 2930--Cost Accounting 
Standards Administration adopts by reference FAR 30.201-5; Part 2936--
Construction and Architect-Engineer Contracts adopts by reference FAR 
36.201, 36.209, 36.516, 63.602-1(b), 36.602-2, 36.602-3(d), 36.602-1, 
36.602-5(b), 36.603, 36.604, and 36.702(c).; Part 2944--Subcontracting 
Policies and Procedures duplicates FAR 44.201-1(b) or FAR 44.201-2 and 
adopts by reference FAR 44.202-2(a)), 44.203, and 44.302(a).
    DOL is proposing to codify the following 15 standard contract 
clauses at Part 2952, which are currently used in DOL contracts, when 
appropriate, but are new additions to the DOLAR: Clause 2952.201-70, 
Contracting Officer's Representative (COR) Clause; Clause 2952.204-70, 
Records Management Requirements; Clause 2952.207-70, Contractor 
Personnel Telework; Clause 2952.209-70, Organizational Conflict of 
Interest Clause--OCI-1 Exclusion From Future Agency Contracts; Clause 
at 2952.211-70, internet Protocol Version 6 (IPv6); Clause 2952.224-70, 
Privacy Breach Notification Requirements; Clause at 2952.232-70, 
Limitation of Government's Obligation (LoGO); Clause 2952.232.71 
Submission of Invoices Clause at 2952.237-70, Emergency Continuation of 
Essential Services; Clause 2952.242-70, Access to Contractor Business 
Systems; Clause 2952.242-71, DOL Mandatory Training Requirements; 
Clause at 2952.243-70, Contractor's Obligation to Notify the 
Contracting Officer of a Request to Change the Contract Scope 
(Contractor's Obligation Clause); Clause at 2952.245-70, Contractor 
Responsibility to Report Theft of Government Property; and Clause at 
2952.245-71, Asset Reporting Requirements. In addition to being 
codified at section 2952.39-70, the clause covering Section 508 
Requirements is being revised to avoid duplication with the FAR 508 
provisions and to replace a generic ``508'' reference with the exact 
CFR reference. This NPRM also proposes to add the following two new 
parts to the DOLAR for the sole purpose of prescribing certain of the 
contractual clauses described above: Part 2924--Protection of Privacy 
and Freedom of Information and Part 2939--Acquisition of Information 
Technology.
    Lastly, the table below details subparts/sections that are being 
proposed for renaming, renumbering or both. Seven provisions also 
contain edits either to provide clarity, remove internal policy and 
procedure, or remove duplicative regulations already set forth in the 
FAR.

------------------------------------------------------------------------
      Current DOLAR provision        Proposed renaming/renumbering/edits
------------------------------------------------------------------------
2901.4 Deviations from the FAR and  Renamed: Deviations from the DOLAR.
 DOLAR.
2901.403 Individual Deviations      Renumbered and Renamed: 2901.401
 from the FAR.                       Individual Deviations from the
                                     DOLAR. Additionally, proposing to
                                     edit language regarding the process
                                     for requesting individual
                                     deviations to provide clarity.
2901.404 Class deviations.........  Renumbered and Renamed: 2901.402
                                     Class deviations from the DOLAR.
                                     Additionally, proposing to edit
                                     language regarding the process for
                                     requesting class deviations to
                                     provide clarity.
PART 2902--DEFINITIONS OF WORDS     Renamed: PART 2902--DEFINITIONS.
 AND TERMS.
Subpart 2.1 Definitions...........  Renumbered: 2902.1 Definitions.
Subpart 2903.1--Safeguards........  Renamed: Subpart 2903.1 Definitions.
2903.101 Standards of Conduct.....  Renamed: 2903.101 Definitions.
2903.101-1 General................  Renamed: 2903.101-1 Definitions.
                                     Also proposing to define Agency
                                     Ethics Official and remove
                                     instructions to DOL acquisition
                                     personnel on where to find
                                     statutory prohibitions, which are
                                     contained in internal policy and
                                     procedure.
2942.101 Policy...................  Renamed: 2942.101 Contract Audit
                                     Responsibilities. The proposed
                                     change will change this into simply
                                     a heading and proposes to eliminate
                                     the internal procedure for the
                                     establishment of billing rates and
                                     indirect cost rates since it is
                                     prescribed in FAR 42.7.
2945.104 Review and correction of   Renamed: 2945.104 Responsibility and
 contractors' property control       Liability for Government Property.
 systems.                            The proposed change will transform
                                     this into simply a heading and
                                     proposes to eliminate procedures
                                     for the review of a contractor's
                                     property control system, because it
                                     is established in internal policy
                                     and procedure.
2945.105 Records of Government      Renamed: Contractors' property
 property.                           management system compliance. The
                                     proposed change will transform this
                                     into simply a heading and proposes
                                     to eliminate internal process
                                     related to Government furnished
                                     Property (GFP) files maintained by
                                     the CO, because these procedures
                                     are located in internal policy and
                                     procedure.

[[Page 60615]]

 
2952.201-70 Contracting Officer's   Renamed: 2952.201-70 Contracting
 Technical Representative (COTR).    Officer's Representative (COR)
                                     Clause. Proposes to update to the
                                     most recent version of this clause
                                     where only paragraph (a) is
                                     proposed to establish issuance of
                                     COR delegation memo upon contract
                                     awards. No change to paragraphs
                                     (b), and (c).
------------------------------------------------------------------------

    Attached to this rule is an Appendix that provides a complete list 
of the sections/sub-sections of the DOLAR that are being removed, 
renamed, or added. The table above and the Appendix will not be 
codified.

III. Regulatory Certifications

Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review)

    This regulation has been drafted and reviewed in accordance with 
Executive Orders 12866 and 13563. This rule is primarily limited to 
agency organization, management and personnel as described by E.O. 
12866, section 3(d)(3) and, thus, is not a ``regulation'' as defined by 
that Executive Order. Executive Orders 12866 and 13563 direct agencies 
to assess all costs and benefits of available regulatory alternatives. 
DOL has examined the economic, budgetary, and policy implications of 
its regulatory action, and has determined that the impact on the public 
is minimal. The regulation mainly relates to internal DOL policies and 
procedures that do not impact the public, and otherwise addresses 
certain rules governing private entities doing business with DOL that 
likewise do not materially impact the public.

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 
seeks to streamline DOL's procurement regulation by removing obsolete 
provisions, codifying currently in use clauses, removing provisions 
which are located in internal policy or the FAR, and edits that do not 
have a substantive impact on the regulation. Therefore, this proposed 
rule does not affect small entities as defined in the RFA and will not 
have a significant economic impact on a substantial number of these 
small entities. As a result, no regulatory flexibility analysis is 
required here.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that DOL consider the impact of paperwork and other information 
collection burdens imposed on the public. DOL 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 rulemaking revises the DOLAR which is DOL's 
regulation to implement the FAR and to supplement the FAR when coverage 
is needed for subject matter not covered in the FAR. Because the DOLAR 
primarily addresses internal operating procedure, we have determined 
that it does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment, as set forth in E.O. 13132.

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 primarily makes administrative changes with respect to 
federal procurement administration. The requirements of Title II of the 
Act, therefore, do not apply, and DOL has not prepared a statement 
under the Act.

Executive Order 13175 (Indian Tribal Governments)

    DOL 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

48 CFR Parts 2901, 2902, 2905, 2907, 2909, 2911, 2915, 2932, 2937, 
2942, 2943

    Government procurement, Government contracts.

48 CFR Part 2903

    Government procurement, Government contracts, Conflicts of 
interest.

48 CFR Part 2904

    Government procurement, Government contracts, Reporting and 
recordkeeping requirements.

48 CFR Part 2919

    Government procurement, Government contracts, Small businesses, 
Minority businesses.

48 CFR Parts 2924

    Government procurement, Government contracts, Privacy, Freedom of 
information, Administrative practice, and procedure.

48 CFR Parts 2928

    Government procurement, Government contracts, Surety bonds, 
Insurance, bonds.

48 CFR Parts 2933

    Government procurement, Government contracts, Administrative 
practice and procedures, Claims.

[[Page 60616]]

48 CFR Parts 2939

    Government procurement, Government contracts, Computer technology.

48 CFR Parts 2945

    Government procurement, Government contracts, Government property, 
Government property management.

48 CFR Parts 2952

    Government procurement, Government contracts, Government property, 
telework, internet, telecommunications, Reporting and recordkeeping 
requirements, Privacy, Administrative practice and procedure, Conflict 
of interests, Individuals with disabilities.

0
For the reasons discussed in the preamble, DOL proposes to revise 48 
CFR Chapter 29 to read as follows:

CHAPTER 29--DEPARTMENT OF LABOR

SUBCHAPTER A--GENERAL

PART 2900--PART 2900 [RESERVED]
PART 2901--DEPARTMENT OF LABOR ACQUISITION REGULATION SYSTEM
PART 2902--DEFINITIONS
PART 2903--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST
PART 2904--ADMINISTRATIVE MATTERS

SUBCHAPTER B--ACQUISITION PLANNING

PART 2905--PUBLICIZING CONTRACT ACTIONS
PART 2906--PART 2906 [RESERVED]
PART 2907--ACQUISITION PLANNING
PART 2908--PART 2908 [RESERVED]
PART 2909--CONTRACTOR QUALIFICATIONS
PART 2910--PART 2910 [RESERVED]
PART 2911--DESCRIBING AGENCY NEEDS
PART 2912--PARTS 2912-2913 [RESERVED]

SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES

PART 2914--PART 2914 [RESERVED]
PART 2915--CONTRACTING BY NEGOTIATION
PART 2916--PARTS 2916-2917 [RESERVED]

SUBCHAPTER D--SOCIOECONOMIC PROGRAMS

PART 2918--PART 2918 [RESERVED]
PART 2919--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
PART 2920--PARTS 2920-2923 [RESERVED]
PART 2924--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
PART 2925--PARTS 2925-2927 [RESERVED]

SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS

PART 2928--BONDS AND INSURANCE
PART 2929--PARTS 2929-2931 [RESERVED]
PART 2932--CONTRACT FINANCING
PART 2933--PROTESTS, DISPUTES, AND APPEALS
PART 2934--PARTS 2934-2936 [RESERVED]
PART 2937--SERVICE CONTRACTING-GENERAL

SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING

PART 2938--PART 2938 [RESERVED]
PART 2939 ACQUISITION OF INFORMATION TECHNOLOGY
PART 2940--PARTS 2940-2941 [RESERVED]

SUBCHAPTER G--CONTRACT MANAGEMENT

PART 2942--CONTRACT ADMINISTRATION AND AUDIT SERVICES
PART 2943--CONTRACT MODIFICATIONS
PART 2944--PART 2944 [RESERVED]
PART 2945--GOVERNMENT PROPERTY
PART 2946--PARTS 2946-2951 [RESERVED]

SUBCHAPTER H--CLAUSE AND FORMS

PART 2952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
PART 2953--PART 2953 [RESERVED]
PART 2954--PART 2954-2999 [RESERVED]

SUBCHAPTER A--GENERAL

PART 2900 [RESERVED]

PART 2901--DEPARTMENT OF LABOR ACQUISITION REGULATION SYSTEM

Subpart 2901.0--Scope of Subpart

2901.001 Scope of subpart.

Subpart 2901.1--Purpose, Authority, Issuance

2901.101 Purpose.
2901.103 Authority.
2901.105 Issuance.
2901.105-1 Publication and code arrangement.
2901.105-2 Arrangement of regulations.
2901.105-3 Copies.

Subpart 2901.3--Agency Acquisition Regulations

2901.304 Agency control and compliance procedures.

Subpart 2901.4--Deviations from the DOLAR

2901.401 Individual Deviations from the DOLAR.
2901.402 Class deviations from the DOLAR.

Subpart 2901.6 Career Development, Contracting Authority, and 
Responsibilities

2901.602 Contracting Officers.
2901.602-1 Authority
2901.602-70 Contract Clause.

Subpart 2901.7--Determinations and Findings

2901.707 Signatory Authority.

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

Subpart 2901.0--Scope of Subpart

2901.001 Scope of Subpart.
    This chapter may be referred to as the Department of Labor 
Acquisition Regulation DOLAR. This subpart sets forth introductory 
information about the DOLAR. This subpart explains the relationship of 
the DOLAR to the FAR and explains the DOLAR's purpose, authority, 
applicability, exclusions, and issuance.

Subpart 2901.1--Purpose, Authority, Issuance


2901.101  Purpose.

    (a) This chapter contains the DOLAR. The DOLAR is established 
within the FAR System, at Title 48 of the Code of Federal Regulations 
(CFR).
    (b) The purpose of the DOLAR is to implement and supplement the FAR 
in accordance with FAR Subpart 1.3 and authorities cited therein. The 
DOLAR is not by itself a complete document, as it must be used in 
conjunction with the FAR.


2901.103  Authority.

    The DOLAR is issued pursuant to the authority of the Secretary of 
Labor under 5 U.S.C. 301 and 40 U.S.C. 486(c). This authority has been 
delegated to the Assistant Secretary for Administration and Management 
in accordance with FAR 1.301(d)(3).


2901.105  Issuance.


2901.105-1  Publication and code arrangement.

    The DOLAR is published in the CFR, as Chapter 29 of Title 48.


2901.105-2  Arrangement of regulations.

    (a) Where the DOLAR implements the FAR, the implementing part, 
subpart, section, or subsection of the DOLAR is numbered and captioned, 
to the extent feasible, the same as the FAR part, subpart, section, or 
subsection being implemented, except that the section or subsection 
being implemented is preceded with a ``29'' or a ``290'' such that 
there will always be four numbers to the left of the first decimal. For 
example, the DOLAR implementation of FAR 2.101 is 2902.101.
    (b) The DOLAR may have gaps in its numbering scheme because a FAR 
rule may not require DOLAR implementation.


2901.105-3  Copies.

    Copies of the DOLAR published in the Federal Register or the CFR 
may be purchased from the Superintendent of Documents, Government 
Printing Office, Washington, DC 20402. Requests should reference the 
DOLAR as chapter

[[Page 60617]]

29 of title 48. The DOLAR is also available electronically at the 
Government Printing Office web page, http://www.ecfr.gov/. The CFR is 
printed in paperback edition with updates as needed.

Subpart 2901.3--Agency Acquisition Regulations


  2901.304 Agency control and compliance procedures.

    The DOLAR is under the direct oversight of the Department of 
Labor's (DOL) Senior Procurement Executive (SPE) or designee.

Subpart 2901.4--Deviations From the DOLAR


2901.401  Individual Deviations from the DOLAR.

    Individual deviations affect only one contract action. Except for 
individual deviations referenced in FAR 1.405(e), the SPE is authorized 
to approve individual deviations from FAR provisions (see FAR 1.403) or 
from DOLAR provisions.


2901.402  Class deviations from the DOLAR.

    (a) Class deviations affect more than one contract action. If DOL 
believes that it will require a class deviation on a permanent basis, 
it will propose a FAR revision per FAR 1.404.
    (b) The SPE is authorized to approve and process class deviations 
from the FAR or the DOLAR, unless FAR 1.405(e) is applicable.

Subpart 2901.6--Career Development, Contracting Authority, and 
Responsibilities


2901.602  Contracting Officers.


2901.602-1  Authority.

    Only DOL contracting officers have the authority to enter into, 
administer, or terminate contracts and to make related determinations 
and findings. DOL contracting officers may bind DOL to obligations 
under contracts only to the extent of the authority delegated to them.


2901.602-70  Contract Clause.

    (a) Contracting officers shall insert clause 2952.201-70, 
Contracting Officer's Representative, in all solicitations and awards.

Subpart 2901.7--Determinations and Findings


2901.707  Signatory Authority.

    Except as shown in the applicable FAR or DOLAR, or where prohibited 
by statute, the authority to sign or delegate signatory authority for 
the various determinations and findings (D&Fs) resides with the SPE, or 
his/her designee.

PART 2902--DEFINITIONS

Subpart 2902.1--Definitions

2902.101 Definitions.

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


2902.101  Definitions.

    The following words and terms are used as defined in this subpart 
unless the context in which they are used clearly requires a different 
meaning, or a different definition is prescribed for a particular part 
or portion of a part:
    Head of Agency (also called agency head), for the FAR and DOLAR 
only, means the Assistant Secretary for Administration and Management, 
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, as 
defined at FAR 2.101, when the Contracting Activity has more than one 
person duly appointed as Contracting Officers 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 (SPE), as defined in the FAR, means 
the individual appointed pursuant to 41 U.S.C. 1702(c) who is 
responsible for management direction of the acquisition system of the 
executive agency, including implementation of the unique acquisition 
policies, regulations, and standards of the executive agency. At DOL, 
the SPE is also the Chief Procurement Officer and DOL's Suspending and 
Debarment Official and is the Principal Executive responsible for the 
Office of the Senior Procurement Executive (OSPE).

PART 2903--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

Subpart 2903.1 Definitions
2903.101 Definitions.
2903.101-1 Definitions.
Subpart 2903.2--Contractor Gratuities to Government Personnel
2903.203 Reporting suspected violations of the Gratuities clause.
2903.204 Treatment of violations.
Subpart 2903.7--Authority
2903.703 Authority.

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

Subpart 2903.1--Definitions


2903.101  Definitions.


2903.101-1  Definitions.

    Agency ethics official means the Solicitor of Labor or the 
Associate Solicitor for Legal Counsel or other official as designated 
by the Solicitor of Labor.

Subpart 2903.2--Contractor Gratuities to Government Personnel


2903.203  Reporting suspected violations of the Gratuities clause.

    Contractor gratuities offered to government personnel are subject 
to the restriction under the Standards of Ethical Conduct for Employees 
of the Executive Branch, 5 CFR part 2635.


2903.204  Treatment of violations.

    Any suspected violations of FAR subpart 3.2 and the clause at FAR 
52.203-3, Gratuities, must be reported to the Office of the Inspector 
General. The authority to determine whether a violation of the 
Gratuities clause by the contractor, its agent, or another 
representative has occurred, and the appropriate remedies, are 
delegated to the HCA.

Subpart 2903.7--Authority


2903.703  Authority.

    Pursuant to FAR 3.703 and 3.705(b), the authority to void or 
rescind contracts is delegated to the SPE.

PART 2904--ADMINISTRATIVE MATTERS

Subpart 2904.7--Contractor Records Retention
2904.703 Policy.
2904.703-70 Contract Clause.

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

Subpart 2904.7--Contractor Records Retention


2904.703  Policy.


2904.703-70  Contract Clause.

    The contracting officer shall insert the clause at DOLAR 2952.204-
70, Records Management Requirements, in all solicitations and contracts 
in which the contractor creates, works with, or otherwise handles 
federal records, as

[[Page 60618]]

defined in subsection (a) of the clause at DOLAR 2952.204-70, 
regardless of the medium in which the record exists.

SUBCHAPTER B--ACQUISITION PLANNING

PART 2905--PUBLICIZING CONTRACT ACTIONS

Subpart 2905.2--Synopsis of Proposed Contract Actions
2905.202 Exceptions.

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

Subpart 2905.2--Synopsis of Proposed Contract Actions


2905.202  Exceptions.

    The Assistant Secretary for Administration and Management is 
authorized to make the determination prescribed in FAR 5.202(b), 
subject to the consultation requirements therein.

PART 2907--ACQUISITION PLANNING

Subpart 2907.1--Acquisition Plans
2907.101 Consolidation.
2907.108 Additional Requirements for Telecommuting.
2907.108-70 Contract Clause.

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

Subpart 2907.1 Acquisition Plans


2907.101  Consolidation.

    The SPE shall make the determination to approve consolidation per 
FAR 7.107-2.


2907.108  Additional Requirements for Telecommuting.


2907.108-70  Contract Clause

    (a) Contracting officers shall insert the clause at DOLAR 2952.207-
70, Contractor Personnel Telework, in all solicitations and contracts 
for services, including construction services.

PART 2909--CONTRACTOR QUALIFICATIONS

Subpart 2909.3 Definitions
2909.301 Definitions.

Subpart 2909.5--Organizational and Consultant Conflicts of Interest

2909.503 Waiver.
2909.507-70 Contract Clause.

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

Subpart 2909.3 Definitions


2909.301  Definitions.

    At DOL, the debarring official is the SPE.
    At DOL, the suspending official is the SPE.

Subpart 2909.5--Organizational and Consultant Conflicts of Interest


2909.503  Waiver.

    (a) The Secretary of Labor delegates to the SPE the authority to 
waive any general rule or procedure in FAR Subpart 9.5 when its 
application in a particular situation would not be in the Government's 
best interest. In making determinations under this subpart the SPE 
shall consult with the Office of the Solicitor.
    (b) The relevant HCA must make the request for such a waiver in 
writing to the SPE who will consult with the Agency Head with respect 
to each waiver request. Each request must include:
    (1) An analysis of the facts involving the potential or actual 
conflict, the nature and extent of the conflict, including benefits and 
costs to the Government and prospective contractors of granting the 
request;
    (2) An explanation of the measures taken to avoid, neutralize, and 
mitigate the conflict, if any; and
    (c) Identification of the provision(s) in FAR 9.5 to be waived.


2909.507-70  Contract Clause.

    (a) Contracting officers shall insert the clause at DOLAR 2952.209-
70, Organizational Conflict of Interest Clause--OCI-1 Exclusion from 
Future Agency Contracts, in all solicitations and contracts for 
services, including construction services and architectural and 
engineering services, and any other contract to which the Contractor 
Officer deems the clause to be applicable.

PART 2911--DESCRIBING AGENCY NEEDS

Subpart 2911.002 Policy
2911.002-1 Contract Clauses.

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

Subpart 2911.002 Policy


2911.002-1  Contract Clause.

    (a) In accordance with FAR 11.002(g), FAR 12.202(e), and FAR 
39.101(d), the contracting officer shall insert the clause at DOLAR 
2952.211-70, Internet Protocol Version 6 (IPv6) Clause, in all 
solicitations/awards when acquiring information technology products or 
services that are expected to exceed the micro-purchase threshold.

SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES

PART 2915--CONTRACTING BY NEGOTIATION

Subpart 2915.6--Unsolicited Proposals
2915.604 Agency points of contact.
2915.605 Content of unsolicited proposals.

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

Subpart 2915.6--Unsolicited Proposals


2915.604  Agency points of contact.

    (a) The Director of Strategy and Administration within the OSPE 
shall be the point of contact for receipt of unsolicited proposals. 
This responsibility may be delegated by the Director of S&A. Only the 
cognizant contracting officer has the authority to bind the Government 
by accepting an unsolicited proposal.
    (b) The OSPE Director of Strategy and Administration is responsible 
for handling unsolicited proposals to ensure that unsolicited proposals 
are controlled, evaluated, safeguarded, and disposed of in accordance 
with FAR 15.6.
    (c) The OSPE Director of Strategy and Administration may not 
consider an unsolicited proposal if the proposal resembles an upcoming 
solicitation or a procurement identified in the current annual 
acquisition plan.


2915.605  Content of unsolicited proposals.

    In addition to the contents required by FAR 15.605, unsolicited 
proposals for research should contain a commitment by the offeror to 
include cost-sharing or should represent a significant cost savings to 
DOL.

SUBCHAPTER D--SOCIOECONOMIC PROGRAMS

PART 2919 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

Subpart 2919.2--Policies
2919.201 General Policy.

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

Subpart 2919.2--Policies


2919.201  General Policy.

    The management of small and disadvantaged business utilization 
programs at DOL is the responsibility of the Program Manager of the 
Office of Small and Disadvantaged Business Utilization (OSDBU), within 
the OSPE. All DOL acquisition officials are responsible for providing 
opportunities to small businesses and small disadvantaged businesses in 
DOL acquisitions, in compliance with law, directives, and the FAR. 
Further information can be found at the OSDBU website, currently 
accessible at https://www.dol.gov/agencies/oasam/centers-offices/office-of-the-senior-procurement-executive/office-of-small-and-disadvantaged-business-utilization.

[[Page 60619]]

PART 2924--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

Subpart 2924-1 Protection of Individual Privacy
2924.103 Procedures.
2924-103-70 Contract Clause.

    Authority:  5 U.S.C. 301; 40 U.S.C. 486(copyright).

Subpart 2924.1 Protection of Individual Privacy


2924.103  Procedures.


2924.103-70  Contract Clause.

    (a) Contracting officers shall insert the clause at DOLAR 2952.224-
70, Privacy Breach Notification Requirements, in all solicitations and 
contracts except solicitations and contracts that are solely for the 
acquisition of commercially available off-the-shelf items.

SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS

PART 2928--BONDS AND INSURANCE

Subpart 2928.106 Administration


106-6  Furnishing information.

Subpart 2928.2--Sureties and Other Security for Bonds
2928.203 Acceptability of individual sureties.

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

Subpart 2928.106 Administration

2928.106-6 Furnishing information.
    The HCA or designee performs the functions outlined in FAR 28.106-
(c).

Subpart 2928.2--Sureties and Other Security for Bonds


2928.203  Acceptability of individual sureties.

    Contracting officers must refer evidence of possible criminal or 
fraudulent activities by an individual surety to the Office of 
Inspector General.

PART 2932--CONTRACT FINANCING

Subpart 2932.4--Advance Payments for Non-Commercial Items
2932.408 Applicability of Interest on Advance Payments.
Subpart 2932.5 Progress Payments Based on Costs
2932.501-2 Unusual progress payments.
2932.503-6 Suspension or reduction of payments.

Subpart 2932.7 Contract Funding

2932.703 Contract funding requirements.
2932.703-70 Contract Clause.

Subpart 2932.9 Prompt Payment

2932.908 Contract Clause.

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

Subpart 2932.4--Advance Payments for Non-Commercial Items


2932.408  Applicability of Interest on Advance Payments.

    After consulting with the SPE, the HCA may authorize advance 
payments without interest pursuant to FAR 32.407.

Subpart 2932.5 Progress Payments Based on Costs


2932.501-2  Unusual progress payments.

    After consulting with the SPE, the HCA may approve requests for 
``unusual'' progress payments.


2932.503-6  Suspension or reduction of payments.

    Any action of a contracting officer under FAR 32.503-6 requires 
approval in advance from the HCA. Upon receipt of approval from the 
HCA, the contracting officer shall request the contract finance office 
to suspend or reduce payments.

Subpart 2932.7 Contract Funding


2932.703  Contract funding requirements.


2932.703-70  Contract Clause.

    (a) Contracting officers shall insert the clause at DOLAR 2952.232-
70, Limitation of Government's Obligation (LoGO), in all solicitations 
and contracts for severable services.

Subpart 2932.9 Prompt Payment


2932.908  Contract Clause.

    (a) Contracting Officers shall insert the clause at DOLAR 2952.232-
71, Submission of Invoices, in all solicitations and contracts.

PART 2933--PROTESTS, DISPUTES, AND APPEALS

Subpart 2933.1--Protests
2933.102 General.
2933.103 Protests to the agency.
2933.104 Protests to GAO.
Subpart 2933.2--Disputes and Appeals
2933.203 Applicability.
2933.209 Suspected fraudulent claims.
2933.212 Contracting officer's duties upon appeal.

    Authority:  5 U.S.C. 301; 40 U.S.C. 486(c); E.O. 12979, 60 FR 
55171, 3 CFR, 1995 Comp., p. 417.

Subpart 2933.1--Protests


2933.102  General.

    (1) The relevant contracting officer coordinates DOL's response to 
procurement protests filed with the U.S. Government Accountability 
Office (GAO), in consultation with DOL legal counsel at the Office of 
the Solicitor.
    (2) The authority of the Agency Head under FAR 33.102(b) to 
determine that a solicitation, proposed award, or award does not comply 
with the requirements of law or regulation is delegated to the HCA.


2933.103  Protests to the agency.

    (a) The relevant contracting officer shall be the point of contact 
for agency-level protests. Upon receipt of an agency level protest, the 
contracting officer immediately notifies the Director of Strategy and 
Administration within the OSPE and the Office of the Solicitor of the 
protest,
    (b) OSPE's Director of Strategy and Administration is the Agency 
Protest Official.


2933.104  Protests to GAO.

    (a) Protests before award. The authority of the relevant HCA under 
FAR 33.104(b) to authorize a contract award when the agency has 
received notice from the GAO of a protest filed directly with the GAO 
is nondelegable. In coordination with SOL, the HCA prepares the written 
finding with the information required by FAR 33.104(b)(1). Protests 
after award. The authority of the HCA under FAR 33.104(c) to authorize 
contract performance when the agency has received notice from the GAO 
of a protest filed directly with the GAO is nondelegable. In 
coordination with the Office of the Solicitor, the HCA prepares and 
provides to the GAO the written finding with the information required 
by FAR 33.104(c)(2).
    (b) Notice to the GAO. The authority of the HCA under FAR 
33.104(g), to report to the GAO the failure to fully implement the GAO 
recommendations with respect to a solicitation for a contract or an 
award or a proposed award of a contract within 60 days of receiving the 
GAO recommendations, is nondelegable. The written notice must be 
coordinated with the Office of the Solicitor.
0
Subpart 2933.2--Disputes and Appeals


2933.203  Applicability.

    The authority of the Agency Head for action under FAR Subpart 33.2 
is delegated to the SPE.

[[Page 60620]]

2933.209  Suspected fraudulent claims.

    The contracting officer must refer all matters relating to 
suspected fraudulent claims by a contractor under the conditions in FAR 
33.209 to the Office of the Inspector General for further action or 
investigation.


2933.212  Contracting officer's duties upon appeal.

    (a) When a notice of appeal to the Civilian Board of Contract 
Appeals has been received, the contracting officer must record the date 
of mailing (or the date of receipt if the notice was not mailed). The 
contracting officer must also immediately notify the Office of the 
Solicitor of the appeal.
    (b) The contracting officer should prepare and transmit the 
administrative file to the Office of the Solicitor and assist the 
Office of the Solicitor in the defense of the appeal and related 
matters.

PART 37 SERVICE CONTRACTING--GENERAL

Subpart 2937.1 Service Contract--General
2937.110 Contract Clause.

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

Subpart 2937.1 Service Contract--General


2937.110  Contract Clause.

    (a) Contracting officers shall insert the clause at DOLAR 2952.237-
70, Emergency Continuation of Essential Services, in all solicitations 
and contracts that support essential functions identified in agency 
continuity plans.

SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING

PART 2939--ACQUISITION OF INFORMATION TECHNOLOGY

Subpart 2939.2--Information and Communication Technology
2939.2-70 Contract Clause.

    Authority: 29 U.S.C. 794, 36 CFR 1194.1.

Subpart 2939.2--Information and Communication Technology


2939.2-70  Contract Clause.

    (a) Contracting officers shall insert the clause at DOLAR 2952.239-
70, Section 508 Requirements, in all solicitations and contracts for 
the acquisition of Information and Communication Technology (ICT) to be 
used by the DOL.

SUBCHAPTER G--CONTRACT MANAGEMENT

PART 2942--CONTRACT ADMINISTRATION AND AUDIT SERVICES

Subpart 2942.1 Contract Audit Services
2942.101 Contract Audit Responsibilities.
2942.101-70 Contract Clause.

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

Subpart 2942.1--Contract Audit Services


2942.101  Contract audit responsibilities.

    (a) Contracting officers shall insert the clause at DOLAR 2952.242-
70, Access to Contractor Business Systems, in all solicitations and 
contracts that include a covered contractor system, which is a system 
that is owned by, or operated by or for, a contractor that processes, 
stores, or transmits Federal information.


2942.101-70  Contract Clause.

    (a) Contracting officers shall insert the clause at DOLAR 2952.242-
71, DOL Mandatory Training Requirements for Contractor Employees, in 
all solicitations and contracts for services, including construction 
services.

PART 2943--CONTRACT MODIFICATIONS

Subpart 2943.1 General


2943.104  Notification of contract changes.


2943.104-70  Contract Clause.

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

Subpart 2943.1 General


2943.104  Notification of contract changes.


2943.104-70  Contract Clause.

    (a) Contracting officers shall insert the clause at DOLAR 2952.243-
70, Contractor's Obligation to Notify the Contracting Officer of a 
Request to Change the Contract Scope (Contractor's Obligation Clause), 
in all solicitations and contracts.

PART 2945--GOVERNMENT PROPERTY

Subpart 2945.1 General
2945.104 Responsibility and Liability for Government Property
2945.104-70 Contract clause.
Subpart 2945.105 Contractors' Property Management System Compliance
2945.105-70 Contract clause.

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

Subpart 2945.1 General


2045.104  Responsibility and liability for Government Property


2945.104-70  Contract Clause.

    (a) Contracting officers shall insert the clause at DOLAR 2952.245-
70, Contractor Responsibility to Report Theft of Government Property, 
in all solicitations and contracts that contain FAR clause 52.245-1, 
Government Property.

Subpart 2945.105 Contractors' Property Management System Compliance


2945.105-70  Contract Clause.

    (a) Contracting officers shall insert the clause at DOLAR 2952.245-
71, Asset Reporting Requirements, in all solicitations and contracts 
for the acquisition of Accountable Property to increase the management 
and tracking of high-value government assets.

SUBCHAPTER H--CLAUSE AND FORMS

PART 2952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 2952.2--Text of Provisions and Clauses
2952.201-70 Contracting Officer's Representative (COR) Clause.
2952.204-70 Records Management Requirements.
2952.207-70 Contractor Personnel Telework.
2952.209-70 Organizational Conflict of Interest Clause--OCI-1 
Exclusion From Future Agency Contracts.
2952.211-70 Internet Protocol Version 6 (IPv6) Clause.
2952.224-70 Privacy Breach Notification Requirements.
2952.232-70 Limitation of Government's Obligation (LoGO).
2952.232-71 Submission of Invoices.
2952.237-70 Emergency Continuation of Essential Services.
2952.239-70 Section 508 Requirements.
2952.242-70 Access to Contractor Business Systems.
2952.242-71 DOL Mandatory Training Requirements for Contractor 
Employees.
2952.243-70 Contractor's Obligation to Notify the Contracting 
Officer of a Request to Change the Contract Scope (Contractor's 
Obligation Clause).
2952.245-70 Contractor Responsibility to Report Theft of Government 
Property.
2952.245-71 Asset Reporting Requirements.

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

Subpart 2952.2--Text of Provisions and Clauses


2952.201-70  Contracting Officer's Representative (COR) Clause.

    As prescribed in 2901.602-70, insert the following clause:

[[Page 60621]]

Contracting Officer's Representative (COR) Clause (SEPTEMBER 2014)

    (a) A Contracting Officer's Representative (COR) will be 
delegated upon award. A copy of the delegation memorandum will be 
provided to the COR and a delegation letter sent to the vendor.
    (b) The COR, is responsible as applicable for: receiving all 
deliverables; inspecting and accepting the supplies or services 
provided hereunder in accordance with the terms and conditions of 
this contract; providing direction to the contractor which clarifies 
the contract effort, fills in details or otherwise serves to 
accomplish the contractual scope of work; evaluating performance; 
and certifying all invoices/vouchers for acceptance of the supplies 
or services furnished for payment.
    (c) The COR does not have the authority to alter the 
contractor's obligations under the contract, and/or modify any of 
the expressed terms, conditions, specifications, or cost of the 
agreement. If, as a result of technical discussions, it is desirable 
to alter/change contractual obligations or the scope of work, the 
contracting officer must issue such changes.


(End of Clause)


2952.204-70  Records Management Requirements.

    (a) As prescribed in 2904.703-70, insert the following clause:

Records Management Requirements (August 2018)

A. Definitions

    ``Federal record'' as defined in 44 U.S.C. 3301, includes all 
recorded information, regardless of form or characteristics, made or 
received by a federal agency under federal law or in connection with 
the transaction of public business and preserved or appropriate for 
preservation by that agency or its legitimate successor as evidence 
of the organization, functions, policies, decisions, procedures, 
operations, or other activities of the United States Government or 
because of the informational value of data in them.
    The term federal record:
    (a) Includes DOL records.
    (b) Does not include personal materials.
    (c) Applies to records created, received, or maintained by 
contractors pursuant to their DOL contract.
    (d) May include deliverables and documentation associated with 
deliverables.

B. Requirements

    (a) Contractor shall comply with all applicable records 
management laws and regulations, as well as National Archives and 
Records Administration (NARA) records policies, including but not 
limited to, the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), 
NARA regulations at 36 CFR Chapter XII Subchapter B, and those 
policies associated with the safeguarding of records covered by the 
Privacy Act of 1974 (5 U.S.C. 552a). These policies include the 
preservation of all records, regardless of form or characteristics, 
mode of transmission, or state of completion.
    (b) In accordance with 36 CFR 1222.32(b), all data created for 
Government use and delivered to, or falling under the legal control 
of, the Government are federal records subject to the provisions of 
44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information 
Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 
(5 U.S.C. 552a), as amended and must be managed and scheduled for 
disposition only as permitted by statute or regulation.
    (c) In accordance with 36 CFR 1222.32, contractor shall maintain 
all records created for government use or created in the course of 
performing the contract and/or delivered to, or under the legal 
control of the Government and must be managed in accordance with 
federal law. Electronic records and associated metadata must be 
accompanied by sufficient technical documentation to permit 
understanding and use of the records and data.
    (d) DOL and its contractors prevent the alienation or 
unauthorized destruction of records, including all forms of 
mutilation. Records may not be removed from the legal custody of DOL 
or destroyed except for in accordance with the provisions of the 
applicable agency schedules and with the written concurrence of the 
Head of the Contracting Activity in consultation with the Agency 
Records Officer. Willful and unlawful destruction, removal, damage, 
or alienation of federal records is subject to the fines and 
penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or 
accidental removal, defacing, alteration, or destruction of records, 
contractor must report to DOL. The agency must report the incident 
directly to their Agency Records Officer. The Agency Records Officer 
will engage the Departmental Records Officer who will follow 
procedures promptly to report to NARA in accordance with 36 CFR 
1230.
    (e) The contractor shall immediately notify the appropriate 
contracting officer upon discovery of any inadvertent or 
unauthorized disclosures of information, data, documentary 
materials, records, or equipment. Disclosure of non-public 
information is limited to authorized personnel with a need-to-know 
as described in the contract. The contractor shall ensure that the 
appropriate personnel, administrative, technical, and physical 
safeguards are established to ensure the security and 
confidentiality of this information, data, documentary material, 
records and/or equipment is properly protected. The contractor shall 
not remove material from government facilities or systems, or 
facilities or systems operated or maintained on the Government's 
behalf, without the express written permission of the Head of the 
Contracting Activity. When information, data, documentary material, 
records, and/or equipment is no longer required, it shall be 
returned to DOL's control, or the contractor must hold it until 
otherwise directed. Items returned to the Government shall be hand 
carried, mailed, emailed, or securely electronically transmitted to 
the contracting officer or address prescribed in the contract. 
Destruction of records is EXPRESSLY PROHIBITED unless in accordance 
with Paragraph (4).
    (f) The contractor is required to obtain the contracting 
officer's approval prior to engaging in any contractual relationship 
(sub-contractor) in support of this contract requiring the 
disclosure of information, documentary material, and/or records 
generated under, or relating to, contracts. The contractor (and any 
sub-contractor) is required to abide by government and DOL guidance 
for protecting sensitive, proprietary information, classified, and 
controlled unclassified information.
    (g) The contractor shall only use government IT equipment for 
purposes specifically tied to or authorized by the contract and in 
accordance with DOL policy.
    (h) The contractor shall not create or maintain any records 
containing any non-public DOL information that are not specifically 
tied to or authorized by the contract.
    (i) The contractor shall not retain, use, sell, or disseminate 
copies of any deliverable that contains information covered by the 
Privacy Act of 1974 or that which is generally protected from public 
disclosure by an exemption to the Freedom of Information Act.
    (j) [Insert the following if no other data rights clause has 
been included in the contract] The DOL owns the rights to all data 
and records produced as part of this contract. All deliverables 
under the contract are the property of the U.S. Government for which 
DOL shall have unlimited rights to use, dispose of, or disclose such 
data contained therein as it determines to be in the public 
interest. Any contractor rights in the data or deliverables must be 
identified as required by FAR 52.227-11 through FAR 52.227-20.
    (k) Training. All contractor employees assigned to this contract 
who create, work with, or otherwise handle records are required to 
take the annual mandatory records management training, provided by 
DOL, as directed by the Contracting Officer's Representative (COR). 
The training shall be completed in a timeframe specified by the COR. 
The contractor confirms training has been completed according to 
agency policies, including initial training and any annual or 
refresher training.

C. Flow Down of Requirements to Subcontractors

    (a) The contractor shall incorporate the substance of this 
clause, its terms, and requirements, including this paragraph, in 
all subcontracts under this contract and require written 
subcontractor acknowledgment of same.
    (b) Violation by a subcontractor of any provision set forth in 
this clause will be attributed to the contractor.


(End of Clause)


2952.207-70  Contractor Personnel Telework.

    As prescribed in 2907.108-70, insert the following clause:

Contractor Personnel Telework (October 2021)

    The Government shall not provide or reimburse contractor 
personnel for internet connectivity.


(End of Clause)

[[Page 60622]]

2952.209-70  Organizational Conflict of Interest Clause--OCI-1 
Exclusion From Future Agency Contracts.

    As prescribed in 2909.507-70, insert the following clause:

Organizational Conflict of Interest Clause--OCI-1 Exclusion From Future 
Agency Contracts (December 2012)

    This clause supplements the FAR provisions on organizational 
conflicts of interest, located at FAR subpart 9.500 and should be 
read in conjunction with these provisions. To the extent there is 
any inconsistency or confusion between the two provisions, the FAR 
provision controls.
    (a) Work under this contract may create a future organizational 
conflict of interest (OCI) that could prohibit the contractor from 
competing for, or being awarded, future government contracts.
    The following examples illustrate situations in which 
organizational conflicts of interest may arise. They are not all 
inclusive, but will be used by the contracting officer as general 
guidance in individual contract situations:
    (1) Unequal Access to Information. The performance of this 
contract may provide access to ``nonpublic information,'' which 
could provide the contractor an unfair competitive advantage in 
later solicitations or competitions for other DOL contracts. Such an 
advantage could be perceived as unfair by a competing vendor who is 
not given similar access to the same nonpublic information that is 
related to the future procurement action. If you, as a contractor, 
in performing this contract, obtain nonpublic information that is 
relevant to a future procurement action, you may be required to 
submit and negotiate an acceptable mitigation plan prior to being 
deemed eligible to compete on the future action. Alternatively, the 
``nonpublic information'' may be provided to all offerors.
    (2) Biased Ground Rules. Your contract with DOL may have, in 
some fashion, established important ``ground rules'' for another DOL 
procurement, in which you may desire to be a competitor. For 
example, this contract may involve you drafting the statement of 
work, specifications, or evaluation criteria for a future DOL 
procurement. The primary concern, in any such situation, is that any 
such firm could skew the competition, whether intentionally or not, 
or be perceived as having skewed the competition, in its own favor. 
If the requirements of this DOL contract anticipate the contractor 
may be placed in a position to establish important ground rules, 
including but not limited to those described herein, the contractor 
may be precluded from competing in the related action or, if 
possible, may be required to submit and negotiate an acceptable 
mitigation plan.
    (3) Impaired Objectivity. The performance of this contract may 
result in the contractor being placed in a situation where it is 
able, or required, to provide assessment and evaluation findings 
concerning itself, another business division, a subsidiary or 
affiliate, or other entity with which it has a significant financial 
relationship. The concern in this case is that the contractor's 
ability to render impartial advice to DOL could appear to be 
undermined by the contractor's financial or other business 
relationship to the entity whose work product is being assessed or 
evaluated. In these situations, a ``walling off'' of lines of 
communication between entities or divisions may be acceptable, but 
it also may not be sufficient to remove the perception that the 
objectivity of the contractor has been tainted. If the requirements 
of the DOL procurement indicate that a contractor may be placed in a 
position to provide evaluations and assessments of itself or other 
entities with which it has a significant financial relationship, the 
affected contractor should notify DOL immediately. The contractor 
may also be required to provide a mitigation plan that includes 
recusal by the contractor from one of the affected contracts. Such 
recusal might include divestiture of the work to a third party.
    (b) In order to prevent a future OCI of any kind, the contractor 
shall be subject to the following restrictions:
    (1) The contractor may be excluded from competition for, or 
award of, any government contracts as to which, in the course of 
performing another contract, the contractor has received nonpublic 
and competitively relevant information before such information has 
been made generally available to other persons or firms.
    (2) The contractor may be excluded from competition for, or 
award of, any government contract for which the contractor actually 
assisted or participated in the development of specifications or 
statements of work.
    (3) The contractor may be excluded from competition for or award 
of, any government contract which calls for it to evaluate itself, 
any affiliate, or any products or services produced or performed 
thereby.
    (4) The contractor may be excluded from competition for, or 
award of, any government contract calling for the production or 
performance of any product or service for which the contractor 
participated in the development of requirements or definitions 
pursuant to another contract.
    (c) This clause shall not exclude the contractor from performing 
work under any modification to this contract or from competing for 
award of any future contract for work that is the same or similar to 
work performed under this contract, so long as the conditions above 
are not present. This clause does not prohibit an incumbent from 
competing on a follow-on competition, but the contracting officer 
may require a mitigation plan or other steps as needed to ensure 
that there has not been an unequal access to nonpublic competitively 
sensitive information.
    (d) The term ``contractor'' as used in this clause, includes any 
person, firm or corporation that owns or controls, or is owned or 
controlled by, the contractor. The term also includes the corporate 
officers of the contractor.
    (e) The agency may in its sole discretion, waive any provisions 
of this clause if deemed in the best interest of the Government. The 
exclusions contained in this clause shall apply for the duration of 
this contract and for three (3) years after completion and 
acceptance of all work performed hereunder, or such other period as 
the contracting officer shall direct.
    (f) If any provision of this clause excludes the contractor from 
competition for, or award of any contract, the contractor shall not 
be permitted to serve as a subcontractor, at any tier, on such 
contract. This clause shall be incorporated into any subcontracts or 
consultant agreements awarded under this contract unless the 
contracting officer determines otherwise.


(End of Clause)


2952.211-70  Internet Protocol Version 6 (IPv6) Clause.

    As prescribed in 2911.002-1, insert the following clause:

Internet Protocol Version 6 (IPv6) Clause (May 2015)

    (a) Any system or product that includes: hardware, software, 
firmware, and/or networked components, including but not limited to, 
voice, video, or data that is developed, procured, or acquired in 
support and/or performance of this requirement shall be capable of 
transmitting, receiving, processing, or forwarding digital 
information across system boundaries that are formatted in 
accordance with commercial standards of internet Protocol (IP) 
version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special 
Publication 500-267) and corresponding declarations of conformance 
defined in the USGv6 Test Program.
    (b) This IPv6 capable system or product shall maintain 
interoperability with IPv4 systems and provide the same level of 
performance and reliability capabilities of IPv4 systems.
    (c) This IPv6 capable system or product shall have available 
IPv4 and IPv6 technical support for development, implementation, and 
troubleshooting of the system.
    (d) This IPv6 capable system or product can be upgraded, or the 
vendor will provide an appropriate migration path for industry-
required changes to IPv6 as the technology evolves, at no additional 
cost to the Government.
    (e) This IPv6 capable system or product must be able to operate 
on networks supporting IPv4 & IPv6, as well as networks that support 
both.
    (f) Any system or product whose IPv6 non-compliance is 
discovered and made known to the vendor/contractor within 12 months 
of the start of performance shall be upgraded, modified, replaced, 
or brought into compliance at no additional cost to the Federal 
Government.


(End of Clause)


2952.224-70  Privacy Breach Notification Requirements.

    As prescribed in 2924.103-70, insert the following clause:

Privacy Breach Notification Requirements (April 2018)

A. Definitions

    ``Breach'' is defined as the loss of control, compromise, 
unauthorized disclosure, unauthorized acquisition, or any similar 
occurrence where--

[[Page 60623]]

    (a) A person other than an authorized user accesses or 
potentially accesses Personally Identifiable Information (PII); or
    (b) An authorized user accesses or potentially accesses PII for 
an unauthorized purpose.
    Information'' is defined as any communication or representation 
of knowledge such as facts, data, or opinions in any medium or form, 
including textual, numerical, graphic, cartographic, narrative, 
electronic, or audiovisual forms (See Office of Management and 
Budget (OMB) Circular No. A-130, Managing Federal Information as a 
Strategic Resource).
    ``Information System'' is defined as a discrete set of 
information resources organized for the collection, processing, 
maintenance, use, sharing, dissemination, or disposition of 
information (44 U.S.C. 3502).
    ``Personally Identifiable Information'' is defined as 
information that can be used to distinguish or trace an individual's 
identity, either alone or when combined with other information that 
is linked or linkable to a specific individual. (See OMB Circular 
No. A-130, Managing Federal Information as a Strategic Resource).

B. Requirements

    (a) Contractors and subcontractors who collects or maintains 
federal information on behalf of the agency or uses or operates an 
information system on behalf of the agency, shall comply with 
federal law e.g., FISMA 2014, E-Government Act and the Privacy Act. 
Additionally, the contractor shall meet OMB directives and National 
Institute of Standards and Technology Standards to ensure processing 
of PII is adequately managed.
    (b) The contractor shall:
    (1) Properly encrypt PII in accordance with appropriate laws, 
regulations, directives, standards or guidelines;
    (2) Report to DOL any suspected or confirmed breach in any 
medium or form, including paper, oral, and electronic within one 
hour of discovery;
    (3) Cooperate with and exchange information with DOL 
(contracting officer and Contracting Officer's Representative) as 
well as allow for an inspection, investigation, forensic analysis, 
as determined necessary by the DOL, in order to effectively report 
and manage a suspected or confirmed breach;
    (4) Maintain capabilities to determine what DOL information was 
or could have been compromised and by whom, construct a timeline of 
user activity, determine methods and techniques used to access 
federal information, and identify the initial attack vector;
    (5) Ensure staff that have access to DOL systems or information 
are regularly trained to identify and report a security incident. 
This includes the completion of any DOL mandatory training for 
contractors;
    (6) Take steps to address security issues that have been 
identified, including steps to minimize further security risks to 
those individuals whose PII was lost, compromised, or potentially 
compromised.
    (7) Report incidents per DOL incident management policy and US-
CERT notification guidelines.
    (c) Remedy:
    (1) A report of a breach shall not, by itself, be interpreted as 
evidence that the contractor or its subcontractor (at any tier) 
failed to provide adequate safeguards for PII. If the contractor is 
determined to be at fault for the breach, the contractor may be 
financially liable for government costs incurred in the course of 
breach response and mitigation efforts;
    (2) The contractor shall take steps to address security issues 
that have been identified, including steps to minimize further 
security risks to those individuals whose PII was lost, compromised, 
or potentially compromised. Additionally, the individual or 
individuals directly responsible for the data breach shall be 
removed from the contract within 45 days of the breach of data; and
    (3) The Government reserves the right to exercise all available 
contract remedies including, but not limited to, a stop-work order 
on a temporary or permanent basis in order to address a breach or 
upon discovery of a contractor's failure to report a breach as 
required by this clause. If the contractor is determined to be at 
fault for a breach, the contractor shall provide credit monitoring 
and privacy protection services for one year to any individual whose 
private information was accessed or disclosed. The individual shall 
be given the option, but the decision is theirs. Those services will 
be provided solely at the expense of the contractor and will not be 
reimbursed by the Federal Government.


(End of Clause)


2952.232-70  Limitation of Government's Obligation (LoGO).

    As prescribed in 2932.703-70, insert the following clause:

Limitation of Government's Obligation (LoGO)--(July 2014)

    (a) Contract line item(s) ($ to be determined at the exercise of 
each option) through ($ to be determined at the exercise of each 
option) are incrementally funded. For these item(s), the sum of ($ 
to be determined at the exercise of each option) of the total price 
is presently available for payment and allotted to this contract. An 
allotment schedule is set forth in paragraph (j) of this clause.
    (b) For item(s) identified in paragraph (a) of this clause, the 
contractor agrees to perform up to the point at which the total 
amount payable by the Government, including reimbursement in the 
event of termination of those item(s) for the Government's 
convenience, approximates the total amount currently allotted to the 
contract. The contractor is not authorized to continue work on those 
item(s) beyond that point. The Government will not be obligated in 
any event to reimburse the contractor in excess of the amount 
allotted to the contract for those item(s) regardless of anything to 
the contrary in the clause entitled ``Termination for Convenience of 
the Government.'' As used in this clause, the total amount payable 
by the Government in the event of termination of applicable contract 
line item(s) for convenience includes costs, profit, and estimated 
termination settlement costs for those item(s).
    (c) Notwithstanding the dates specified in the allotment 
schedule in paragraph (j) of this clause, the contractor will notify 
the contracting officer in writing at least thirty days prior to the 
date when, in the contractor's best judgment, the work will reach 
the point at which the total amount payable by the Government, 
including any cost for termination for convenience, will approximate 
80 percent of the total amount presently allotted to the contract 
for performance of the applicable item(s). The notification will 
state (1) the estimated date when that point will be reached and (2) 
an estimate of additional funding, if any, needed to continue 
performance of applicable line items up to the next scheduled date 
for allotment of funds identified in paragraph (j) of this clause, 
or to a mutually agreed upon substitute date. The notification will 
also advise the contracting officer of the estimated amount of 
additional funds that will be required for the timely performance of 
the item(s) funded pursuant to this clause, for a subsequent period 
as may be specified in the allotment schedule in paragraph (j) of 
this clause or otherwise agreed to by the parties. If after such 
notification additional funds are not allotted by the date 
identified in the contractor's notification, or by an agreed 
substitute date, the contracting officer will terminate any item(s) 
for which additional funds have not been allotted, pursuant to the 
clause of this contract entitled ``Termination for Convenience of 
the Government.''
    (d) When additional funds are allotted for continued performance 
of the contract line item(s) identified in paragraph (a) of this 
clause, the parties will agree as to the period of contract 
performance, which will be covered by the funds. The provisions of 
paragraphs (b) through (d) of this clause will apply in like manner 
to the additional allotted funds and agreed substitute date, and the 
contract will be modified accordingly.
    (e) If, solely by reason of failure of the Government to allot 
additional funds, by the dates indicated below, in amounts 
sufficient for timely performance of the contract line item(s) 
identified in paragraph (a) of this clause, the contractor incurs 
additional costs or is delayed in the performance of the work under 
this contract and if additional funds are allotted, an equitable 
adjustment will be made in the price or prices (including 
appropriate target, billing, and ceiling prices where applicable) of 
the item(s), or in the time of delivery, or both. Failure to agree 
to any such equitable adjustment hereunder will be a dispute 
concerning a question of fact within the meaning of the clause 
entitled ``Disputes.'' In no event shall the equitable adjustment be 
more than the contract line item(s) price(s) in question.
    (f) The Government may at any time prior to termination allot 
additional funds for the performance of the contract line item(s) 
identified in paragraph (a) of this clause.
    (g) The termination provisions of this clause do not limit the 
rights of the Government under the clause entitled ``Default.'' The 
provisions of this clause are limited to the work and allotment of 
funds for the contract line item(s) set forth in paragraph (a) of 
this clause. This clause no longer applies once the contract is 
fully

[[Page 60624]]

funded except with regard to the rights or obligations of the 
parties concerning equitable adjustments negotiated under paragraphs 
(d) and (e) of this clause.
    (h) Nothing in this clause affects the right of the Government 
to terminate this contract pursuant to the clause of this contract 
entitled ``Termination for Convenience of the Government.''
    (i) Nothing in this clause shall be construed as authorization 
of voluntary services whose acceptance is otherwise prohibited under 
31 U.S.C. 1342.
    (j) The parties contemplate that the Government will allot funds 
to this contract in accordance with the following schedule:

On execution of contract $___*
(month) (day), (year) $___*
(month) (day), (year) $___*
(month) (day), (year) $___*
    * To be inserted after negotiation.


(End of Clause)

    Alternate I (July 2014). If only one line item will be 
incrementally funded, substitute the following paragraph (a) for 
paragraph (a) of the basic clause:
    (a) Contract line item__is incrementally funded. The sum of $ * is 
presently available for payment and allotted to this contract. An 
allotment schedule is contained in paragraph (j) of this clause.
    * To be inserted after negotiation.


2952.232-71  Submission of Invoices.

    As prescribed in 2932.905-70, insert the following clause:

Submission of Invoices (August 2019)

    (a) Electronic Invoice Submittal
    Invoices for the services/goods provided under this award shall 
be submitted through the Department of Treasury's Invoice Processing 
Platform (IPP) or through DOL Quickpay email system, as directed by 
the Contracting Officer. IPP is a Federal Government owned and 
operated website accessible to contractors free of charge. 
Information about IPP, including enrollment instructions, are 
available and should be obtained by the enrolled contractors 
directly from the Department of Treasury after award at, https://www.ipp.gov.
    (1) The following instructions apply to Invoices submitted 
through IPP.Gov or the DOL Quickpay email system:
    (i) IPP invoice attachments SHALL NOT exceed the size limit of 
10 megabytes (MB) each. However, you may submit multiple attachments 
of less than 10MB each with the invoices.
    (ii) DO NOT submit an invoice or attachment that uses shading or 
color.
    (b) An emailed Portable Document Format (PDF) image cannot have 
any text that has a background with any color other than white. If 
the image has a shaded background, it will be converted to black, 
and the text will be illegible.
    (c) An emailed Tagged Image File Format (TIFF) image must be 
black and white.
    (1) Quickpay users SHALL: provide a copy of the invoice and any 
attachments via email to the Contracting Officer's Representative 
(COR, at the address specified in the contract.
    (2) Quickpay users SHALL NOT: submit more than one attachment 
per invoice and the attachment shall not exceed 10MB. Any additional 
attachments will not be recognized.
    (3) DO NOT submit more than one invoice at a time.
    (4) DO NOT attempt to use the ``Recall or Resend'' email message 
feature.
    (d) Electronic invoices shall be in PDF or TIFF format.
    (e) Paper Invoices shall be submitted via fax or U.S. mail Paper 
invoices may be sent via fax to: (202) 693-2862. Mail paper invoices 
to: U.S. Department of Labor, Office of Financial Management 
Operations Division of Client Accounting, Services Room S-5526, 200 
Constitution Avenue NW, Washington, DC 20210.
    (f) General Information
    Payment due date is to be calculated from the date the invoice 
is received in accordance with FAR 32.905 and the instructions 
above.
    Inquiries regarding invoices must be emailed to 
[email protected]. The relevant invoice must be attached 
to the inquiry email and the subject line of the email must state 
``INQUIRY'', as shown in the following example:

INQUIRY: Contractor Name, DOL Agency, Contract Number, BPA Call or 
Order Number, Invoice Number, Invoice Amount

    The contractor SHALL NOT use the DOL electronic invoicing email 
address for inquiries about any invoice.
    Questions:
    All questions regarding Electronic Invoicing shall be sent to 
the DOL Office of the Chief Financial Officer (OCFO) at 
[email protected].


(End of Clause)


2952.237-70  Emergency Continuation of Essential Services.

    As prescribed in 2937.110, insert the following clause:

Emergency Continuation of Essential Services (March 2014)

    (a) Essential Services. DOL has identified certain services 
under this agreement (contract, BPA, BOA, task/delivery order or 
other vehicle, hereinafter ``requirement'') as being essential to 
the DOL's missions and operations. Such essential services must 
continue to be performed, even if an event occurs (or is threatened 
to occur) that would disrupt or interfere with operations at, or 
access to, facilities where services ordinarily take place. Such an 
event may include, but is not limited to, emergencies that may be 
natural (e.g., earthquake, flood, hurricane, tornado, public health 
emergencies, including pandemic influenza), man-made (e.g., civil 
unrest, chemical spill, cyber or terrorist threats or attacks), or 
technological (e.g., building fire, utility outage), and which may 
affect one or more facilities or locations, including federal 
facilities, where the contractor normally performs services 
hereunder.
    (b) Contingency Plans. Unless already included in the 
requirement, within 30 days of the commencement of performance (or 
the bi-lateral incorporation of this clause), the contractor shall 
submit the following contingency plans to the contracting officer 
(CO) and the Contracting Officer's Representative (COR):
    (1) A contingency plan to continue performance off-site for a 
period of between one and thirty days; and
    (2) A contingency plan to continue performance off-site for more 
than thirty days, until the event described above is resolved.
    (3) Such contingency plans will become an obligation of the 
contractor under the requirement.
    (c) Contents of the Contingency Plans. The contingency plans 
referenced in paragraph above shall, at a minimum, address:
    (1) How the contractor plans to continue performance of 
essential services for the duration of an event, including 
identifying and securing suitable off-site workplaces, personnel, 
and resources;
    (2) The contractor's use of off-site facilities, including 
allowing its essential personnel to work from an alternative site or 
other remote locations to perform essential services;
    (3) Alert and notification procedures for mobilizing and 
communicating with DOL and with essential personnel, and for 
communicating expectations to its personnel regarding their roles 
and responsibilities during the event;
    (4) A list of telephone numbers and email addresses (with 
alternates if available) for all managers currently performing under 
the requirement; and
    (5) Processes and requirements for the identification, training, 
and preparedness of essential personnel who would be capable of 
relocating to alternate facilities or performing work from home.
    (d) Approval of the Contingency Plans. The CO, in consultation 
as appropriate with the COR, shall review both contingency plans 
within 14 days of receipt, or as agreed, and shall either accept 
them or advise the contractor of any reason for disapproval. If 
either plan is not accepted by the CO, the contractor shall resubmit 
a revised plan within 7 days, or as agreed.
    (e) Activation of a Contingency Plan. The Agency Head, CO, COR, 
or other authorized agency official, may activate the contractor's 
Contingency Plan by notifying the contractor either orally or in 
writing. In the event of an oral instruction, a written confirmation 
of the activation will follow shortly after the resumption of normal 
activities. Once a contingency plan has been activated, services 
hereunder shall continue without delay or interruption, 
notwithstanding the ``Excusable Delay'' Clause, or any other 
provision of the contract (or requirement if this contract vehicle 
is BPA, BOA, or similar vehicle).
    (f) Failure to Execute a Plan. In the event the contractor is 
unable or unwilling to perform the essential services identified 
under the requirement, as determined by DOL in its sole discretion, 
DOL reserves the right, in addition to any other right it may have, 
to use federal employees or other contract support, either from 
existing contracts or new contracts, to continue those critical 
services. DOL may view the contractor's failure to implement the 
Contingency Plan as not performing a

[[Page 60625]]

contractual requirement and reserves all rights to seek remedies 
associated with any such nonperformance. Any new contracting efforts 
would be conducted in accordance with the FAR, OFPP's January 14, 
2011 Emergency Acquisition Guide, or any other subsequent emergency 
guidance that may be issued.


(End of Clause)


2952.239-70  Section 508 Requirements.

    As prescribed in 2939.2-70, insert the following clause:

Section 508 Requirements (2024)

A. Definition

    The term ``Information and Communication Technology (ICT)'' in 
this contract is used as defined at FAR 48 CFR 2.101.

B. Requirements

    Section 508 of the Rehabilitation Act, as amended (29 U.S.C. 
794d), applies to federal departments, such as DOL, and the 
contractors providing support on behalf of such federal department. 
The contractor is required to provide Section 508 compliant systems 
and components of ICT when federal agencies develop, procure, 
maintain, or use ICT. The contractor shall ensure that its system 
and components allow federal employees and members of the public 
with disabilities access to, and use of, information and data that 
is comparable to the access afforded federal employees and members 
of the public without disabilities. Products, platforms, and 
services delivered as part of this contract action that are ICT, or 
contain ICT, shall conform to the Revised Section 508 Standards, 
which are located at 36 CFR 1194.1 Appendices A & C.
    Please insert the clause(s) below which meet the parameters of 
the contract being awarded.
    (a) Requirements by service/contract type are as follows:
    (1) Custom ICT Development Services: When the contractor 
provides custom ICT development services and/or Commercially 
Available Off-the-Shelf (COTS) products, pursuant to the 
requirements, the contractor shall ensure the ICT fully conforms to 
the Revised 508 Standards (36 CFR 1194.1 Appendices A & C) prior to 
delivery and before final Acceptance.
    (2) Installation, Configuration, & Integration Services: When 
the contractor provides installation, configuration, or integration 
services for equipment or software pursuant to the requirement, the 
contractor shall not install, configure or integrate the equipment 
or software in a way that reduces the level of conformance with the 
Revised 508 Standards (36 CFR 1194.1 Appendices A & C).
    (3) Maintenance Upgrades & Replacements: The contractor shall 
ensure maintenance upgrades, substitutions, and replacements to 
equipment and software pursuant to this award do not reduce the 
approved level of conformance with the Revised 508 Standards (36 CFR 
1194.1 Appendices A & C) at the time of award. Additionally, an 
updated Accessibility Conformance Report (ACR) shall be submitted 
for the ICT, and the ACR shall be completed according to the 
instructions provided by the Information Technology Industry Council 
(ITI), in order to be considered for each option year exercised.
    (4) Contractor Processes: The contractor shall ensure--its 
processes are at a maturity level at least equivalent to the DHS 
Trusted Tester methodology; its personnel have the knowledge, 
skills, and ability necessary to make ICT under this contract 
conform to the Revised 508 Standards (36 CFR 1194.1 Appendices A & 
C); and that it provides conformant Section 508 supporting 
documentation upon request.
    (5) Hosting Services: The contractor shall not implement hosting 
services in a manner that reduces the existing level of conformance 
of the electronic content with the Revised 508 Standards (36 CFR 
1194.1 Appendices A & C), when providing hosting services for 
electronic content to the agency. Throughout the life of the award, 
the agency reserves the right to perform Independent third-party 
testing on a vendor or contractor's hosted solution to verify 
conformance.
    (b) Validation for ICT: The contractor shall test and validate 
the ICT for conformance to the Revised 508 Standards (36 CFR 1194.1 
Appendices A & C), in accordance with the required testing methods 
and provide test results to verify conformance of the Voluntary 
Product Assessment Template (VPAT).
    (1) For web and software, WCAG 2.0 Level A and AA Conformance 
test results shall be based on the Accessibility Tests for Software 
and Web, Harmonized Testing Process for Section 508 Compliance from 
the DHS Trusted Tester program.
    (2) For Microsoft Office and PDF documents, WCAG 2.0 Level A, 
and AA Conformance test results shall be based on the Harmonized 
Testing Guidance from the Accessible Electronic Documents Community 
of Practice.
    (3) For ICT that are not electronic content, the contractor 
shall validate conformance to the Revised 508 Standards (36 CFR 
1194.1 Appendices A & C) using a defined testing process. The 
contractor shall describe test process and provide the testing 
results to the agency.
    (c) Conformance Reporting: For ICT that are developed, updated, 
or configured for the agency, and when product substitutions are 
offered:
    (1) Before Acceptance, the contractor shall provide an 
Accessibility Conformance Report (ACR) for the ICT that is 
developed, updated, configured for the agency, and when product 
substitutions are offered. The ACR should be based on the most 
recent version of the Voluntary Product Assessment Template (VPAT) 
provided by the Information Technology Industry Council (ITI). An 
ACR shall be submitted for each ICT and shall be completed according 
to the instructions provided by ITI to be considered for Acceptance.
    (2) Before Acceptance, when the contractor is required to 
perform testing to validate conformance to the agency's 
accessibility requirements, the vendor shall provide a supplemental 
accessibility report that contains the following information:
    i. Accessibility test results based on the required test 
methods.
    ii. Documentation of features provided to help achieve 
accessibility and usability for people with disabilities.
    iii. Documentation of core functions that cannot be accessed by 
persons with disabilities.
    iv. Documentation on how to configure and install the ICT to 
support accessibility.
    v. When ICT is an authoring tool that generates content 
(including documents, reports, training, videos, multimedia 
productions, web content, etc.), provide information on how the ICT 
enables the creation of accessible electronic content that conforms 
to the Revised 508 Standards (36 CFR 1194.1 Appendices A & C), 
including the range of accessible user interface elements the tool 
can create.
    vi. Before final Acceptance, the contractor shall provide a 
fully working demonstration of the completed ICT to demonstrate 
conformance to the agency's accessibility requirements. The 
demonstration shall expose where such conformance is and is not 
achieved.
    (3) At any time, DOL reserves the right to perform Independent 
third-party testing to validate the ICT provided by the contractor, 
conforms to the Revised 508 Standards (36 CFR 1194.1 Appendices A & 
C).
    (d) Non-Compliance: Before final Acceptance of ICT, including 
updates and replacements, DOL shall determine that the furnished ICT 
is in compliance with the Revised 508 Standards (36 CFR 1194.1 
Appendices A & C). If the furnished ICT is determined to be non-
compliant, the contracting officer shall notify the contractor of 
this determination, within 15 business days of determination of non-
compliance. The contractor shall, at no cost to DOL, repair or 
replace the non-compliant products or services within the period 
specified by the contracting officer. The contracting officer makes 
the final decision to accept or not accept a contractor's ICT that 
does not meet the Revised 508 Standards (36 CFR 1194.1 Appendices A 
& C).


(End of Clause)


2952.242-70  Access to Contractor Business Systems.

    As prescribed in 2942.101-70, insert the following clause:

Access to Contractor Business Systems (April 2019)

    The contractor shall, upon request, provide to the Government, 
access to covered contractor systems associated with the execution 
and performance of this requirement to meet audits, reviews, 
security requirements, and Office of Inspector General requests.

(End of Clause)


2952.242-71  DOL Mandatory Training Requirements for Contractor 
Employees.

    As prescribed in 2942.201-70, insert the following clause:

[[Page 60626]]

DOL Mandatory Training Requirements for Contractor Employees (August 
2018)

    (a) Where required and applicable, contractor employees, 
including employees of subcontractors at any tier, shall complete 
any DOL designated and hosted training, that the Contracting 
Officer's Representative (COR) identifies as mandatory. Training 
shall be completed in a timeframe specified by the COR.
    (b) Time spent on training shall be counted as regular hours 
worked.
    (c) The contractor shall ensure this clause is incorporated in 
all subcontracts, at any tier.


(End of Clause)


2952.243-70  Contractor's Obligation to Notify the Contracting Officer 
of a Request to Change the Contract Scope (Contractor's Obligation 
Clause).

    As prescribed in 2943.104-70, insert the following clause:

Contractor's Obligation To Notify the Contracting Officer of a Request 
To Change the Contract Scope (Contractor's Obligation Clause) January 
2012

    (a) Except for changes identified in writing and signed by the 
contracting officer, the contractor is required to notify, within 
five working days of receipt or knowledge, any request for changes 
to this contract (including actions, inactions, and written or oral 
communications) that the contractor regards as exceeding the scope 
of the contract. On the basis of the most accurate information 
available to the contractor, the notice shall state:
    (1) The date, nature, and circumstances of the conduct regarded 
as a change in scope;
    (2) The name, function, and activity of each Government employee 
and contractor official or employee involved in, or knowledgeable 
about, such conduct; and
    (3) The identification of any documents and substance of any 
oral communication involved in such conduct.
    (b) Following submission of this notice, the contractor shall 
continue performance in accordance with the contract terms and 
conditions, unless notified otherwise by the contracting officer.
    (c) The contracting officer shall promptly, within 5 business 
days after receipt of notice from the contractor, respond to the 
notice in writing. In responding, the contracting officer shall 
either:
    (1) Confirm that the contractor's notice identifies a change in 
the scope of the contract and directs the contractor to stop work, 
completely or in part, in accordance with the Stop Work provisions 
of the contract;
    (2) Deny that the contractor's notice identifies a change in 
scope and instruct the contractor to continue performance under the 
contract; or
    (3) In the event the contractor's notice does not provide 
sufficient information to make a decision, advise the contractor 
what additional information is required, and establish the date by 
which it should be furnished and the date thereafter by which the 
Government will respond.


(End of Clause)


2952.245-70  Contractor Responsibility to Report Theft of Government 
Property.

    As prescribed in 2945.104-70, insert the following clause:

Contractor Responsibility to Report Theft of Government Property 
(February 2020)

    Upon the contractor becoming aware of theft of government 
property by its employee(s), including theft that occurs at 
subcontractor or alternate site locations, the contractor shall 
report the theft of government property to the Contracting Officer's 
Representative or CO of record.


(End of Clause)


2952.245-71  Asset Reporting Requirements.

    As prescribed in 2945.105-70, insert the following clause:

Asset Reporting Requirements (July 2019)

    (A) Definitions.
    ``Accountable Property'' is a term to identify property that is 
essential to DOL operations for which it is in the best interest of 
the Government to assign and record accountability to assure proper 
use, maintenance, and disposal. This includes items purchased and 
obtained through a ``lease-to-own'' program. The following items are 
DOL Accountable Property:
    (1) DOL-owned or DOL-leased, serialized items (i.e., items with 
a manufacturer's serial number) with an acquisition unit cost above 
$3,000.
    (2) DOL-owned or DOL-leased ``sensitive items.''
    (3) DOL-owned or DOL-leased furniture with an acquisition unit 
cost above $10,000. Items with an acquisition unit cost less than 
$10,000 are not applicable.
    ``Sensitive Items'' is defined as items, regardless of value, 
that have appeal to others and may therefore be subject to theft, or 
to security concerns, or that are considered mission critical. The 
following are considered sensitive items, as well as any other items 
identified as sensitive by the Contracting Officer's Representative 
(COR):
    (1) Desktops and Laptops, including docking stations and 
connectable monitors.
    (2) PDAs/iPads/SurfacePros/Tablets.
    (3) Printers and Copiers.
    (4) Software Licenses, including media.
    (5) Mobile Devices.
    (6) Firearms.
    (7) Communication Equipment (e.g. telephone base and handsets, 
mobile radio equipment, etc.).
    (8) Conference/Audio-Visual Equipment.
    (9) Power/Specialty Tools (e.g. lab equipment, postage meters, 
etc.).
    (B) Requirements.
    The contractor shall submit a DOL Asset Report at time of 
delivery for both Accountable Property and Sensitive Items. The DOL 
Asset Report shall be delivered electronically to the COR. DOL Asset 
Reports shall include Accountable Property and Sensitive Items that 
have been delivered. The report shall be formatted as an Office Open 
XML Spreadsheet (.XLSX) document, and adhere to following DOL Asset 
Report Requirements:
    (a) Award/Purchase Number. The award number issued by the 
Government.
    (b) Date Shipped. The date the item was shipped to the 
Government.
    (c) Asset Type. The contract Line-Item Description.
    (d) Manufacturer. The manufacturer of the item.
    (e) Model. The model (name and/or number) of the item.
    (f) Serial Number. The serial number of the item.
    (g) DOL Asset Number. The number of the barcode applied before 
shipping (if barcoding is required by the award).
    (h) Government Shipping Street Address. The shipping street 
address of where the item was delivered.
    (i) Warrantied Item. Indicates whether an item is warrantied (Y 
or N).
    (j) Warranty Time frame. The start and end date of the warranty 
(if applicable).
    (k) Cost. Acquisition cost per unit and total cost of purchase.


(End of Clause)

Signing Authority

    In accordance with paragraph (a) of 2902.1, FAR subpart 1.601, the 
undersigned is authorized to sign and submit this document to the 
Office of the Federal Register for publication electronically as an 
official document of DOL.

    Dated: August 14, 2023.
Carolyn Angus-Hornbuckle,
Acting Assistant Secretary for Administration and Management.

    Note: The following appendix will not appear in the Code of 
Federal Regulations.


------------------------------------------------------------------------
        Current DOLAR provision           DOLAR as proposed in this NPRM
------------------------------------------------------------------------
                                         New: 2901.105 Issuance.
                                         New: 2901.105-1 Publication and
                                          code arrangement.
2901.2 Administration..................  Removed.
2901.201-1 Maintenance of FAR..........  Removed.
2901.302 Limitations...................  Removed.
2901.4 Deviations from the FAR and       Renamed: Deviations from the
 DOLAR.                                   DOLAR.

[[Page 60627]]

 
2901.403 Individual Deviations from the  Renumbered and Renamed:
 FAR.                                     2901.401 Individual Deviations
                                          from the DOLAR. Additionally,
                                          proposing to edit language
                                          regarding the process for
                                          requesting individual
                                          deviations to provide clarity.
2901.404 Class deviations..............  Renumbered and Renamed:
                                          2901.402 Class deviations from
                                          the DOLAR Additionally,
                                          proposing to edit language
                                          regarding the process for
                                          requesting class deviations to
                                          provide clarity.
2901.405 Deviations pertaining to        Removed.
 treaties and executive agreements.
2901.601 General.......................  Removed.
                                         New: 2901.602-70 Contract
                                          Clause.
2901.602-3 Ratification of unauthorized  Removed.
 commitments.
2901.603 Selection, appointment, and     Removed.
 termination of appointment.
2901.603-1 General.....................  Removed.
2901.603-3 Appointment.................  Removed.
2901.603-4 Terminations................  Removed.
2901.603-70 Responsibility of other      Removed.
 government personnel.
2901.603-71 Contracting Officer's        Removed.
 Technical Representatives (COTR).
2901.603-72 Administrative procurement   Removed.
 management reviews.
PART 2902--DEFINITIONS OF WORDS AND      Renamed: PART 2902--
 TERMS.                                   DEFINITIONS.
Subpart 2.1 Definitions................  Renumbered: 2902.1 Definitions.
Subpart 2903.1--Safeguards.............  Renamed: Subpart 2903.1
                                          Definitions.
2903.101 Standards of Conduct..........  Renamed: 2903.101 Definitions.
2903.101-1 General.....................  Renamed: 2903.101-1
                                          Definitions. Also proposing to
                                          define Agency Ethics Official
                                          and remove instructions to DOL
                                          acquisition personnel on where
                                          to find statutory
                                          prohibitions, which are
                                          contained in internal policy
                                          and procedure.
2903.104 Procurement Integrity.........  Removed.
2903.104-3 Definitions.................  Removed.
2903.104-5 Disclosure, protection, and   Removed.
 marking of contractor bid or proposal
 information and source selection
 information.
2903.104-7 Violations or possible        Removed.
 violations of standards of conduct.
2903.6 Contracts with Government         Removed.
 Employees or Organizations Owned or
 Controlled by Them.
2903.601 Policy........................  Removed.
2903.602 Exceptions....................  Removed.
                                         New Subpart 2903.7--Authority.
                                         New: 2903.703 Authority.
                                         New: Subpart 2904.7 Contractor
                                          Records Retention.
                                         New: 2904.703 Policy.
                                         New: 2904.703-70 Contract
                                          Clause.
2904.8--Government Contract Files......  Removed.
2904.800-70 Contents of contract files.  Removed.
Subpart 2905.1--Dissemination of         Removed.
 Information.
2905.101 Methods of disseminating        Removed.
 information.
Subpart 2905.4 Release of Information..  Removed.
2905.402 General Public................  Removed.
2905.403 Requests from Members of        Removed.
 Congress.
2905.404 Release procedures............  Removed.
Subpart 2905.5--Paid Advertisements....  Removed.
2905.501 Scope.........................  Removed.
2905.502 Authority.....................  Removed.
2905.503 Procedures....................  Removed.
PART 2906--COMPETITION REQUIREMENTS....  Removed.
Subpart 2906.3 Other Than Full and Open  Removed.
 Competition.
2906.301 Policy........................  Removed.
2906.303 Justifications................  Removed.
Subpart 2906.5 Competition Advocate....  Removed.
2906.501 Requirement...................  Removed.
2907.105 Contents of written             Removed.
 acquisition plans.
2907.107 Additional requirements for     Removed.
 acquisitions involving bundling.
                                         New: 2901.101 Consolidation.
                                         New: 2907.108 Additional
                                          Requirements for
                                          Telecommuting.
                                         New: 2907.108-70 Contract
                                          Clauses.
2907.3--Contractor Versus Government     Removed.
 Performance.
2907.300 Availability of inventory.....  Removed.
Subpart 2908.4 Federal Supply Schedules  Removed.
2908.404 Using schedules...............  Removed.
Subpart 2909.1 Responsible Prospective   Removed.
 Contractors.
2909.105 Procedures....................  Removed.
                                         New: Subpart 2909.3
                                          Definitions.
                                         New: 2909.301 Definitions.
Subpart 2909.4--Debarment, Suspension,   Removed.
 and Ineligibility.
2909.402 Policy........................  Removed.
2909.405 Effects of listing............  Removed.
2909.405-1 Continuation of current       Removed.
 contracts.

[[Page 60628]]

 
2909.406 Debarment.....................  Removed.
2909.406-1 General.....................  Removed.
2909.406-3 Procedures..................  Removed.
2909.407 Suspension....................  Removed.
2909.407-1 General.....................  Removed.
2909.506 Procedures....................  Removed.
                                         New: 2909.507-70 Contract
                                          Clause.
PART 2910--MARKET RESEARCH.............  Removed.
2910.002 Procedures....................  Removed.
                                         New: 2911.002 Policy.
                                         New: 2911.002-1 Contract
                                          Clause.
2911.1--Selecting And Developing         Removed.
 Requirements Documents.
2911.103 Market acceptance.............  Removed.
2911.5--Liquidated Damages.............  Removed.
2911.501 Policy........................  Removed.
PART 2912--ACQUISITION OF COMMERCIAL     Removed.
 ITEMS.
Subpart 2912.3--Solicitation Provisions  Removed.
 and Contract Clauses for the
 Acquisition of Commercial Items.
2912.302 Tailoring of provisions and     Removed.
 clauses for the acquisition of
 commercial items.
PART 2913--SIMPLIFIED ACQUISITION        Removed.
 PROCEDURES.
Subpart 2913.1--Procedures.............  Removed.
2913.106-3 Soliciting competition,       Removed.
 evaluation of quotations or offers,
 award and documentation.
Subpart 2913.2--Actions at or Below the  Removed.
 Micro-Purchase Threshold.
2913.201 General.......................  Removed.
Subpart 2913.3--Simplified Acquisition   Removed.
 Methods.
2913.301 Governmentwide commercial       Removed.
 purchase card.
2913.307 Forms.........................  Removed.
PART 2914 SEALED BIDDING...............  Removed.
Subpart 2914.4--Opening of Bids and      Removed.
 Award of Contract.
2914.404-1 Cancellation of invitations   Removed.
 after opening.
2914.407-3 Other mistakes disclosed      Removed.
 before award.
2914.408 Award.........................  Removed.
2914.408-1 General.....................  Removed.
Subpart 2915.4 Contract Pricing........  Removed.
2915.405-70 Determining fair and         Removed.
 reasonable price.
Subpart 2915.5--Preaward, Award, and     Removed.
 Postaward Notifications, Protests, and
 Mistakes.
2915.508 Discovery of mistakes.........  Removed.
2915.606 Agency procedures.............  Removed.
PART 2916--CONTRACT TYPES..............  Removed.
2916.000 Scope of part.................  Removed.
Subpart 2916.5--Indefinite-Delivery      Removed.
 Contracts.
2916.505 Ordering......................  Removed.
Subpart 2916.6--Time-and-Materials,      Removed.
 Labor-Hour, and Letter Contracts.
2916.603-2 Application.................  Removed.
PART 2917--SPECIAL CONTRACTING METHODS.  Removed.
2917.000 Scope of part.................  Removed.
Subpart 2917.2--Options................  Removed.
2917.202 Use of options................  Removed.
2917.207 Exercising options............  Removed.
Subpart 2917.5--Interagency              Removed.
 Acquisitions Under The Economy Act.
2917.500 Scope of subpart..............  Removed.
2917.501 Definitions...................  Removed.
2917.502 General.......................  Removed.
2917.503 Determinations and findings     Removed.
 Requirements.
2917.504 Ordering procedures...........  Removed.
2917.504-70 Signature authority and      Removed.
 internal Procedures.
2919.000 Scope of part.................  Removed.
2919.202 Specific policies.............  Removed.
2919.202-1 Encouraging small business    Removed.
 participation in acquisitions.
2919.202-2 Locating small business       Removed.
 sources.
Subpart 2919.5 Set-Asides for Small      Removed.
 Business.
2919.502 Setting aside acquisitions....  Removed.
2919.505 Rejecting Small Business        Removed.
 Administration recommendations.
Subpart 2919.7 The Small Business        Removed.
 Subcontracting Program.
2919.704 Subcontracting plan             Removed.
 requirements.
2919.705-1 General support for the       Removed.
 program.
2919.705-5 Awards involving              Removed.
 subcontracting plans.
2919.705-6 Post-award responsibilities   Removed.
 of the contracting officer.
2919.706 Responsibilities of the         Removed.
 cognizant administrative contracting
 officer.
Subpart 2919.8 Contracting with the      Removed.
 Small Business Administration (the
 8(a) Program).

[[Page 60629]]

 
2919.812 Contract administration.......  Removed.
PART 2922--APPLICATION OF LABOR LAWS TO  Removed.
 GOVERNMENT ACQUISITIONS.
Subpart 2922.1 Basic Labor Policies....  Removed.
2922.101-3 Reporting labor disputes....  Removed.
2922.101-4 Removal of items from         Removed.
 contractor facilities affected by work
 stoppages.
2922.103-4 Approvals...................  Removed.
Subpart 2922.8 Equal Employment          Removed.
 Opportunity.
2922.802 General.......................  Removed.
PART 2923--ENVIRONMENT, ENERGY AND       Removed.
 WATER EFFICIENCY, RENEWABLE ENERGY
 TECHNOLOGIES, OCCUPATIONAL SAFETY, AND
 DRUG-FREE WORKPLACE.
Subpart 2923.2 Energy And Water          Removed.
 Efficiency and Renewable Energy.
2923.271 Purchase and use of             Removed.
 environmentally sound and energy        New: PART 2924--PROTECTION OF
 efficient products and services.         PRIVACY AND FREEDOM OF
                                          INFORMATION.
                                         New: 2924-.1 Protection of
                                          Individual Privacy.
                                         New: 2924.103 Procedures.
                                         New: 2924.103-70 Contract
                                          Clause.
                                         New: 2928.106 Administration.
                                         New: 2928.106-6 Furnishing
                                          information.
                                         New: 2928.203 Acceptability of
                                          individual sureties.
2928.204 Alternatives in lieu of         Removed.
 corporate or individual sureties.
2928.3 Insurance.......................  Removed.
2928.305 Overseas workers' compensation  Removed.
 and war hazard insurance.
PART 29--TAXES.........................  Removed.
Subpart 2929.1 General.................  Removed.
2929.101 Resolving tax problems........  Removed.
Subpart 2929.3--State and Local Taxes..  Removed.
2929.303 Applications of state and       Removed.
 local taxes to Government contractors
 and subcontractors.
PART 2930--COST ACCOUNTING STANDARDS     Removed.
 ADMINISTRATION.
Subpart 2930.2 CAS Program Requirements  Removed.
2930.201-5 Waiver......................  Removed.
PART 2931--CONTRACT COST PRINCIPLES AND  Removed.
 PROCEDURES.
Subpart 2931.1 Applicability...........  Removed.
2931.101 Objectives....................  Removed.
2932.402 General.......................  Removed.
2932.407 Interest......................  Removed.
                                         New: 2932.408 Applicability of
                                          Interest on Advance Payments.
                                         New: Subpart 2932.5 Progress
                                          Payments Based on Costs.
                                         New: 2932.501-2 Unusual
                                          progress payments.
                                         New: 2932.503-6 Suspension or
                                          reduction of payments.
                                         New: 2932.703-70 Contract
                                          clause.
                                         New: Subpart 2932.9 Prompt
                                          Payment.
                                         New: 2932.908 Contract clause.
2933.211 Contracting officer's decision  Removed.
2933.213 Obligation to continue          Removed.
 performance.
2933.270 Department of Labor Board of    Removed.
 Contract Appeals.
PART 36 CONSTRUCTION AND ARCHITECT--     Removed.
 ENGINEER CONTRACTS.
Subpart 2936.2 Special Aspects of        Removed.
 Contracting for Construction.
2936.201 Evaluation of contractor        Removed.
 performance.
2936.209 Construction contracts with     Removed.
 architect--engineer firms.
Subpart 2936.5--Contract Clauses.......  Removed.
2936.516 Quality surveys...............  Removed.
Subpart 2936.6--Architect-Engineer       Removed.
 Services.
2936.602 Selection of firms for          Removed.
 architect-engineer Contracts.
2936.602-1 Selection criteria..........  Removed.
2936.602-2 Evaluation boards...........  Removed.
2936.602-3 Evaluation board functions..  Removed.
2936.602-4 Selection Authority.........  Removed.
2936.602-5 Short selection processes     Removed.
 for contracts not to exceed $100,000.
2936.603 Collecting data on and          Removed.
 appraising firms' Qualifications.
2936.604 Performance evaluation........  Removed.
2937.103 Contracting officer             Removed.
 responsibility.
2937.103-70 Department of Labor          Removed.
 checklist to aid analysis and review
 of requirements for service contracts.
                                         New: 2937.110 Contract Clause.
Subpart 2937.2 Advisory and Assistance   Removed.
 Services.
2937.203 Policy........................  Removed.
Subpart 2937.6--Preference for           Removed.
 Performance-Based Contracting (PBC).

[[Page 60630]]

 
2937.602 Elements of performance-based   Removed.
 Contracting.
                                         New: PART 2939--ACQUISITION OF
                                          INFORMATION TECHNOLOGY.
                                         New: Subpart 2939.2--
                                          Information and Communication
                                          Technology.
                                         New: 2939.2-70 Contract Clause.
2942.101 Policy........................  Renamed: 2942.101 Contract
                                          Audit Responsibilities. The
                                          proposed change will change
                                          this into simply a heading and
                                          proposes to eliminate the
                                          internal procedure for the
                                          establishment of billing rates
                                          and indirect cost rates since
                                          it is prescribed in FAR 42.7.
                                         New: 2942.101.70 Contract
                                          Clause.
Subpart 2942.15--Contractor Performance  Removed.
 Information.
2942.1501 Scope........................  Removed.
2942.1502 Policy.......................  Removed.
2942.1503 Procedures...................  Removed.
                                         New: Subpart 2942.2 Contract
                                          Administration Services.
                                         New: 2942.201 Contract
                                          administration
                                          responsibilities.
                                         New: 2942.201-70 Contract
                                          Clause.
                                         New: Subpart 2943.1 General.
                                         New: 2943.104 Notification of
                                          contract changes.
                                         New: 2943.104-70 Contract
                                          Clause.
Subpart 2943.2 Change Orders...........  Removed.
2943.205 Contract clauses..............  Removed.
Subpart 2943.3 Forms...................  Removed.
2943.301 Use of forms..................  Removed.
PART 2944--SUBCONTRACTING POLICIES AND   Removed.
 PROCEDURES.
Subpart 2944.1 General.................  Removed.
2944.101 Waiver........................  Removed.
Subpart 2944.2 Consent To Subcontract..  Removed.
2944.201-1 Consent requirements........  Removed.
2944.202 Contracting officer's           Removed.
 evaluation.
2944.202-2 Considerations..............  Removed.
2944.203 Consent limitations...........  Removed.
Subpart 2944.3 Contractors' Purchasing   Removed.
 Systems Reviews.
2944.302 Requirements..................  Removed.
2945.104 Review and correction of        Renamed: 2945.104
 contractors' property control systems.   Responsibility and Liability
                                          for Government Property. The
                                          proposed change will transform
                                          this into simply a heading and
                                          proposes to eliminate
                                          procedures for the review of a
                                          contractor's property control
                                          system, because it is
                                          established in internal policy
                                          and procedure.
                                         New: 2945.104-70 Contract
                                          Clause.
2945.105 Records of Government property  Renamed: Contractors' property
                                          management system compliance.
                                          The proposed change will
                                          transform this into simply a
                                          heading and proposes to
                                          eliminate internal process
                                          related to Government
                                          furnished Property (GFP) files
                                          maintained by the CO, because
                                          these procedures are located
                                          in internal policy and
                                          procedure.
                                         New: 2945.105-70 Contract
                                          Clause.
Subpart 2945.3 Providing Government      Removed.
 Property to Contractors.
2945.302 Providing facilities..........  Removed.
Subpart 2945.4 Contractor Use and        Removed.
 Rental of Government Property.
2945.403 Rental-use and charges clause.  Removed.
2952.201-70 Contracting Officer's        Renamed: 2952.201-70
 Technical Representative (COTR).         Contracting Officer's
                                          Representative (COR) Clause
                                          Proposes to update to the most
                                          recent version of this clause
                                          where only paragraph (a) is
                                          proposed to establish issuance
                                          of COR delegation memo upon
                                          contract awards. No change to
                                          paragraphs (b), and (c).
                                         New: 2952.204-70 Records
                                          Management Requirements.
                                         New: 2952.207-70 Contractor
                                          Personnel Telework.
                                         New: 2952.209-70 Organizational
                                          Conflict of Interest Clause--
                                          OCI-1 Exclusion From Future
                                          Agency Contracts.
                                         New: 2952.211-70 Internet
                                          Protocol Version 6 (IPv6)
                                          Clause.
                                         New: 2952.224-70 Privacy Breach
                                          Notification Requirements.
                                         New: 2952.232-70 Limitation of
                                          Government's Obligation
                                          (LoGO).
                                         New: 2952.232-71 Submission of
                                          Invoices.
                                         New: 2952.237-70 Emergency
                                          Continuation of Essential
                                          Services.
                                         New: 2952.239-70 Section 508
                                          Requirements.
                                         New: 2952.242-70 Access to
                                          Contractor Business Systems.
                                         New: 2952.242-71 DOL Mandatory
                                          Training Requirements for
                                          Contractor Employees.
                                         New: 2952.243-70 Contractor's
                                          Obligation to Notify the
                                          Contracting Officer of a
                                          Request to Change the Contract
                                          Scope (Contractor's Obligation
                                          Clause).
                                         New: 2952.245-70 Contractor
                                          Responsibility to Report Theft
                                          of Government Property.
                                         New: 2952.245-71 Asset
                                          Reporting Requirements.
PART 2953--FORMS                         Removed.

[[Page 60631]]

 
2953.1 General.........................  Removed.
2953.100 Request for Recommendation by   Removed.
 Procurement Review Board DL 1-490.
2953.101 Simplified Acquisition          Removed.
 Documentation Checklist DL 1-2216.
2953.102 Quotation for Simplified        Removed.
 Acquisitions DL 1-2078.
2953.103 Acquisition Screening and       Removed.
 Review--over $100,000 DL 1-2004.
------------------------------------------------------------------------


[FR Doc. 2023-17739 Filed 9-1-23; 8:45 am]
BILLING CODE 4510-04-P