80 FR 69930 - Various Administrative Changes and Clauses to the USAID Acquisition Regulation

AGENCY FOR INTERNATIONAL DEVELOPMENT

Federal Register Volume 80, Issue 218 (November 12, 2015)

Page Range		69930-69934
FR Document		2015-27977

The U.S. Agency for International Development (USAID) seeks public comment on a proposed rule that would revise the Agency for International Development Acquisition Regulation (AIDAR) to maintain consistency with Federal and Agency regulations and incorporate current and new USAID clauses into the regulation.

Federal Register, Volume 80 Issue 218 (Thursday, November 12, 2015)

[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Proposed Rules]
[Pages 69930-69934]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27977]


=======================================================================
-----------------------------------------------------------------------

AGENCY FOR INTERNATIONAL DEVELOPMENT

48 CFR Parts 722, 729, 731, and 752

RIN 0412-AA78


Various Administrative Changes and Clauses to the USAID 
Acquisition Regulation

AGENCY: U.S. Agency for International Development.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Agency for International Development (USAID) seeks 
public comment on a proposed rule that would revise the Agency for 
International Development Acquisition Regulation (AIDAR) to maintain 
consistency with Federal and Agency regulations and incorporate current 
and new USAID clauses into the regulation.

DATES: Comments must be received no later than December 14, 2015.

ADDRESSES: Address all comments concerning this notice to Marcelle J. 
Wijesinghe, Bureau for Management, Office of Acquisition and 
Assistance, Policy Division (M/OAA/P), Room 867J, SA-44, Washington, DC 
20523-2052. Submit comments, identified by title of the action and 
Regulatory Information Number (RIN) by any of the following methods:
    1. Through the Federal eRulemaking Portal at http://www.regulations.gov by following the instructions for submitting 
comments.
    2. By Email: Submit electronic comments to both 
[email protected] and [email protected]. See SUPPLEMENTAL INFORMATION 
for file formats and other information about electronic filing.
    3. By Mail addressed to: USAID, Bureau for Management, Office of 
Acquisition & Assistance, Policy Division, Room 867J, SA-44, 
Washington, DC 20523-2052.

FOR FURTHER INFORMATION CONTACT: Lyudmila Bond, Telephone: 202-567-4753 
or Email: [email protected].

SUPPLEMENTARY INFORMATION: 

A. Instructions

    All comments must be in writing and submitted through one of the 
methods specified in the Addresses section above. All submissions must 
include the title of the action and RIN for this rulemaking. Please 
include your name, title, organization, postal address, telephone 
number, and email address in the text of the message.
    Comments submitted by email must be included in the text of the 
email or attached as a PDF file. Please avoid using special characters 
and any form of encryption. Please note that USAID recommends sending 
all comments to the Federal eRulemaking Portal because security 
screening precautions have slowed the delivery and dependability of 
surface mail to USAID/Washington.
    Three days after receipt of a comment and until finalization of the 
action, all comments will be made available at http://www.regulations.gov for public review without change, including any 
personal information provided. We recommend you do not submit 
information that you consider Confidential Business Information (CBI) 
or any information that is otherwise protected from disclosure by 
statute.
    USAID will only address comments that explain why the rule would be 
inappropriate, ineffective or unacceptable without a change. Comments 
that are insubstantial or outside the scope of the rule will not be 
considered.

B. Background

    USAID is seeking comments on the proposed rule as described below:
     FAR subpart 22.8 prohibits federal contractors performing 
in the U.S. from discrimination with regard to race, color, religion, 
sex, national origin, disability, age, genetic information, or veteran 
status. As a matter of policy, the Agency encourages all USAID 
contractors performing and recruiting entirely outside the United 
States to apply these same standards of nondiscrimination in their 
workplace. The provision entitled ``Nondiscrimination'' contains 
language that encourages contractors performing and recruiting entirely 
outside the United States to establish comprehensive nondiscrimination 
polices for their workplaces. The provision was implemented on an 
interim basis in 2012 through Agency policy found in ADS 302 Mandatory 
Reference, Special Provisions for Acquisition and is hereby formally 
incorporated in the AIDAR without revision at 752.222-71. The Agency 
believes that the transfer of the clause from the internal Agency 
policy into the AIDAR will have no impact on contractors.
     Section 579 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act of FY 2003 (Pub. L. 108-7) and 
similar sections in subsequent acts require certain steps to prevent 
countries from imposing taxes [defined as Value Added Tax (VAT) or 
customs duties] on U.S. foreign assistance. If taxes or customs duties 
are imposed, the foreign government must reimburse the amount

[[Page 69931]]

of such taxes and duties to the U.S. Government. The Act also requires 
certain reporting to Congress.
    The provision at 752.229-71 entitled ``Reporting of Foreign 
Taxes'', implemented on an interim basis in 2007 through Agency policy 
found in ADS 302 Mandatory Reference, Special Provisions for 
Acquisition, specifies that the contractor must submit certain reports 
to the Contracting Officer's Representative, with copies to the 
relevant Embassy, the Mission, or the Bureau for Management, Office of 
the Chief Financial Officer, Cash Management and Payments Division. 
AIDAR part 729, subpart 729.4 and sections 729.204-70 and 752.229-70 
are added to formally incorporate this requirement into the AIDAR. The 
Agency believes that the transfer of the clause from the internal 
Agency policy into the AIDAR will have no impact on contractors.
     The Executive Order 13589 ``Promoting Efficient Spending'' 
dated November 9, 2011, directed agencies to reduce administrative 
costs by improving operations, increasing efficiency, and cutting 
unnecessary spending. To achieve savings, agencies were to improve 
efficiencies in various administrative areas, including conference 
expenditures. OMB memorandums M-11-35 ``Eliminating Excess Conference 
Spending and Promoting Efficiency in Government'' dated September 21, 
2011, and M-12-12 ``Promoting Efficient Spending to Support Agency 
Operations'' dated May 11,2012, further instructed all agencies ``to 
conduct a thorough review of the policies and controls associated with 
conference-related activities and expenses'' and to ``exercise 
discretion and judgment in ensuring that conference expenses are 
appropriate, necessary, and managed in a manner that minimizes expense 
to taxpayers''.
    To mitigate the risk of inappropriate spending, USAID revised 
Automated Directive System (ADS) 580 on agency internal policies and 
procedures pertaining to conferences funded by USAID and implemented a 
new clause entitled ``Conference Planning and Required Approvals'', 
applicable to all contracts with an anticipated need for USAID-funded 
conferences. The clause requires contractors to obtain USAID approval 
prior to committing costs related to conferences funded in whole or in 
part with USAID funds when:
    (1) Twenty (20) or more USAID employees are expected to attend.
    (2) The net conference expense funded by USAID will exceed $100,000 
(excluding salary of employees), regardless of the number of USAID 
participants.
    The clause was implemented on an interim basis in 2013 through 
Agency policy found at ADS 302 Mandatory Reference, Special Provisions 
for Acquisition and is hereby formally incorporated into the AIDAR 
without revision. The Agency believes that the transfer of the clause 
from the internal Agency policy into the AIDAR will have no impact on 
contractors.
     In support of USAID's procurement reform and to expedite 
award modifications that affect multiple awards, the Bureau for 
Management, Office of Acquisition and Assistance (M/OAA) has created a 
separate online portal for Implementing Partner Notices (IPN) for 
acquisition awards. The IPN Portal, located at https://sites.google.com/site/usaidipnforacquisitions/, is the single point 
where USAID uploads proposed universal bilateral modifications for 
awards, which can be accessed electronically by registered contractors. 
The IPN Portal is also used to provide notices to USAID contractors who 
register with the IPN Portal. The AIDAR clause 752.7036, entitled 
``USAID Implementing Partner Notices (IPN) Portal for Acquisition'', 
directs contractors to register with the IPN Portal. Registered 
contractors will receive automatic email notifications when the IPN 
Portal is updated with proposed award modifications and/or notices. 
Partners may download and sign the proposed modification, and send it 
to the contracting officer for signature (execution) and distribution 
in accordance with the terms of the clause.
    Proposed bilateral modifications provided through the IPN Portal 
are not effective until the contractor and the contracting officer sign 
the modification. The requirement to register in the IPN portal applies 
to all contracts except for orders under indefinite delivery contracts 
issued pursuant to (48 CFR) FAR subpart 16.5; orders under Federal 
Supply (GSA) Schedules issued pursuant to (48 CFR) FAR subpart 8.4; and 
contracts and purchase orders awarded under the simplified acquisitions 
procedures of (48 CFR) FAR part 13. The clause was implemented on an 
interim basis in July 2014 through Agency policy found at ADS 302 
Mandatory Reference, Special Provisions for Acquisition and is hereby 
formally incorporated into the AIDAR without revision. The Agency 
believes that the transfer of the clause from the internal agency 
policy into the AIDAR will have no impact on contractors.
     Research indicates that persons with a history and 
proclivity to abusing children will often seek professional positions 
which could give them access to vulnerable individuals. Often they will 
seek employment within countries with social welfare, protection, and 
judicial systems too weak or underdeveloped to protect children and 
other vulnerable populations against abuse and exploitation. Many USAID 
missions and projects are located in countries with ineffective 
systems. To protect children involved in or coming into contact with 
USAID programs from abuse, exploitation or neglect, USAID has 
established Child Safeguarding Standards. These standards are designed 
to complement the USAID Counter Trafficking in Persons (C-TIP) Code of 
Conduct by expanding the range of actions prohibited by USAID under the 
C-TIP Code of Conduct to include abuse, exploitation, or neglect of 
children. The mandatory requirements established by these standards 
satisfy obligations established in the U.S. Government Action Plan on 
Children in Adversity and the provisions of Public Law 109-95--The 
Assistance for Orphans and other Vulnerable Children Act of 2005 (Pub. 
L. 109-95).
    The standards applicable to USAID contractors are implemented 
through a new clause at 752.7037, Child Safeguarding. The clause 
requires contractors to: (1) Ensure compliance with local child welfare 
and protection legislation or international standards; (2) prohibit all 
personnel from engaging in child abuse, exploitation, or neglect; (3) 
consider child safeguarding in project planning and implementation; (4) 
apply measures to reduce the risk of child abuse, exploitation, or 
neglect; (5) promote child-safe screening procedures for personnel; and 
(6) establish procedures to ensure that contractor personnel recognize 
child abuse, exploitation, or neglect, report and investigate 
allegations and take appropriate actions in response to such 
allegations.

C. Regulatory Planning and Review

    This proposed rule has been determined to be ``nonsignificant'' 
under the Executive Order 12866, Regulatory Planning and Review, dated 
September 30, 1993 and, therefore, is not subject to review. This 
proposed rule is not a major rule under 5 U.S.C. 804.

D. Regulatory Flexibility Act

    The proposed rule does not establish a new collection of 
information as contemplated by the Paperwork Reduction Act nor will it 
have an impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601,

[[Page 69932]]

et seq. Therefore, an Initial Regulatory Flexibility Analysis has not 
been performed.

List of Subjects in 48 CFR Parts 722, 729, 731, and 752

    Government procurement.

    For the reasons discussed in the preamble, USAID proposes to amend 
48 CFR chapter 7 as set forth below:

CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

SUBCHAPTER D--SOCIOECONOMIC PROGRAMS

PART 722--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

0
1. The authority citation for 48 CFR part 722 continues to read as 
follows:

    Authority:  Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 
1979 Comp., p. 435.

Subpart 722.8--Equal Employment Opportunity

0
2. Revise 722.810 to read as follows:


722.810   Solicitation provisions and contract clauses.

    (a) The contracting officer must insert the clause at 752.222-70, 
USAID Disability Policy in section I of all solicitations and resulting 
contracts.
    (b) The contracting officer must insert the clause at 752.222-71, 
Nondiscrimination in section I of all solicitations and resulting 
contracts.

SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS

0
3. Add part 729 to subchapter E to read as follows.

PART 729--TAXES

Subpart 729.4--Contract Clauses


729.402-70  Foreign contracts.

    Authority:  Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 
1979 Comp., p. 435.

Subpart 729.4--Contract Clauses


729.402-70  Foreign contracts.

    (a) Section 579 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act of FY 2003 requires certain steps 
to prevent countries from imposing taxes [defined as Value Added Tax 
(VAT) or customs duties] on U.S. foreign assistance, or if imposed, 
requires the countries to reimburse the assessed taxes or duties. The 
Act also requires certain reporting to Congress. The Department of 
State has published guidance for implementing this section of the Act.
    (b) Contracting Officers (COs) must insert the clause at 752.229-
71, Reporting of Foreign Taxes in section I of solicitations and 
resulting contracts that obligate or subobligate FY 2003 or later funds 
except for the following:
    (1) Contracts funded with Operating Expense, Public Law 480 funds, 
or trust funds; or
    (2) Contracts where there will be no commodity transactions in a 
foreign country over the amount of $500.

PART 731--CONTRACT COST PRINCIPLES AND PROCEDURES

0
4. The authority citation for 48 CFR part 731 continues to read as 
follows:

    Authority:  Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 
1979 Comp., p. 435.

Subpart 731.2--Contracts With Commercial Organizations

0
5. Add 731.205-43 to read as follows.


731.205-43   Trade, business, technical and professional activity 
costs--USAID conference approval requirements.

    (a) The contractor must receive prior written approval from the 
contracting officer, or the contracting officer's representative (COR), 
if delegated in the Contracting Officer's Representative Designation 
Letter, for costs related to conferences funded in whole or in part 
with USAID funds when:
    (1) Twenty (20) or more USAID employees are expected to attend.
    (2) The net conference expense funded by USAID will exceed $100,000 
(excluding salary of employees), regardless of the number of USAID 
participants.
    (b) Contracting officers must insert the clause at 752.231-72 in 
all USAID-funded solicitations and contracts anticipated to include a 
requirement for a USAID-funded conference. See (48 CFR) AIDAR 752.231-
72 for the definition of a conference and specific requirements and 
procedures.

SUBCHAPTER H--CLAUSES AND FORMS

PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
6. The authority citation for 48 CFR part 752 continues to read as 
follows:

    Authority:  Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 
1979 Comp., p. 435.

0
7. Add 752.222-71 to read as follows:


752.222-71   Nondiscrimination

    As prescribed in (48 CFR) AIDAR 722.810(b), insert the following 
clause in section I of all solicitations and resulting contracts.

Nondiscrimination (June 2012)

    FAR Part 22 and the clauses prescribed in that part prohibit 
contractors performing in or recruiting from the U.S. from engaging 
in certain discriminatory practices. USAID is committed to achieving 
and maintaining a diverse and representative workforce and a 
workplace free of discrimination. Based on law, Executive Order, and 
Agency policy, USAID prohibits discrimination in its own workplace 
on the basis of race, color, religion, sex (including pregnancy and 
gender identity), national origin, disability, age, veteran's 
status, sexual orientation, genetic information, marital status, 
parental status, political affiliation, and any other conduct that 
does not adversely affect the performance of the employee. USAID 
does not tolerate any type of harassment, either sexual or 
nonsexual, of any employee or applicant for employment. Contractors 
are required to comply with the nondiscrimination requirements of 
the FAR.
    In addition, the Agency strongly encourages all its contractors 
(at all tiers) to develop and enforce comprehensive 
nondiscrimination policies for their workplaces that include 
protection on these expanded bases, subject to applicable law.


(End of clause)
0
8. Add 752.229-71 to read as follows:


752.229-71   Reporting of foreign taxes.

    As prescribed in (48 CFR) AIDAR 729.402-70, insert the following 
clause in section I of applicable solicitations and resulting 
contracts. The contracting officer must insert address and point of 
contact at the Embassy, Mission, or M/CFO/CMP as appropriate under 
section (d) of this clause.

Reporting of Foreign Taxes (July 2007)

    (a) The contractor must annually submit a report by April 16 of 
the next year.
    (b) Contents of Report. The report must contain:
    (1) Contractor name.
    (2) Contact name with phone, fax number and email address.
    (3) Contract number(s).
    (4) Amount of foreign taxes assessed by a foreign government 
[each foreign government must be listed separately] on commodity 
purchase transactions valued at $500 or more financed with U.S. 
foreign assistance funds under this agreement during the prior U.S. 
fiscal year.
    (5) Only foreign taxes assessed by the foreign government in the 
country receiving U.S. assistance are to be reported. Foreign taxes 
by a third party foreign government are not to be reported. For 
example, if a contractor performing in Lesotho using foreign 
assistance funds should purchase commodities in South Africa, any 
taxes imposed by South Africa would not be

[[Page 69933]]

reported in the report for Lesotho (or South Africa).
    (6) Any reimbursements received by the contractor during the 
period in paragraph (b)(4) of this clause regardless of when the 
foreign tax was assessed and any reimbursements on the taxes 
reported in paragraph (b)(4) of this clause received through March 
31.
    (7) Report is required even if the contractor did not pay any 
taxes during the reporting period.
    (8) Cumulative reports may be provided if the contractor is 
implementing more than one program in a foreign country.
    (c) Definitions. For purposes of this clause:
    (1) Agreement includes USAID direct and country contracts, 
grants, cooperative agreements and interagency agreements.
    (2) Commodity means any material, article, supply, goods, or 
equipment.
    (3) Foreign government includes any foreign governmental entity.
    (4) Foreign taxes means value-added taxes and customs duties 
assessed by a foreign government on a commodity. It does not include 
foreign sales taxes.
    (d) Where. Submit the reports to: [CO must insert address and 
point of contact at the Embassy, Mission, or CFO/CMP as 
appropriate].
    (e) Subagreements. The contractor must include this reporting 
requirement in all applicable subcontracts and other subagreements.
    (f) For further information see http://2001-2009.state.gov/s/d/rm/c10443.htm.


(End of clause)
0
9. Add 752.231-72 to read as follows:


752.231-72  Conference planning and required approvals.

    As prescribed in (48 CFR) AIDAR 731.205-43, insert the following 
clause in section I of all solicitations and resulting contracts 
anticipated to include a requirement for a USAID-funded conference, as 
defined in the clause.

Conference Planning and Required Approvals (AUG 2013)

    (a) Definitions:
    Conference means a seminar, meeting, retreat, symposium, 
workshop, training activity or other such event that requires 
temporary duty travel of USAID employees. For the purpose of this 
policy, an employee is defined as a U.S. direct hire; personal 
services contractor, including U.S. PSCs, Foreign Service National 
(FSN)/Cooperating Country National (CCN) and Third Country National 
(TCN); or a Federal employee detailed to USAID from another 
government agency.
    (b) The contractor must obtain USAID approval prior to 
committing costs related to conferences funded in whole or in part 
with USAID funds when:
    (1) Twenty (20) or more USAID employees are expected to attend.
    (2) The net conference expense funded by USAID will exceed 
$100,000 (excluding salary of employees), regardless of the number 
of USAID participants. Conferences approved at the time of award 
will be incorporated into the award. Any subsequent requests for 
approval of conferences must be submitted by the contractor to the 
USAID contracting officer representative (COR). The COR will obtain 
the required agency approvals and communicate such approvals to the 
contractor in writing.
    (c) The request for conference approval must include:
    (1) A brief summary of the proposed event;
    (2) A justification for the conference and alternatives 
considered, e.g., teleconferencing and videoconferencing;
    (3) The estimated budget by line item (e.g., travel and per 
diem, venue, facilitators, meals, equipment, printing, access fees, 
ground transportation);
    (4) A list of USAID employees attending and a justification for 
each; and the number of other USAID-funded participants (e.g., 
institutional contractors);
    (5) The venues considered (including government-owned facility), 
cost comparison, and justification for venue selected if it is not 
the lowest cost option;
    (6) If meals will be provided to local employees (a local 
employee would not be in travel status), a determination that the 
meals are a necessary expense for achieving Agency objectives; and
    (7) A certification that strict fiscal responsibility has been 
exercised in making decisions regarding conference expenditures, the 
proposed costs are comprehensive and represent the greatest cost 
advantage to the U.S. Government, and that the proposed conference 
representation has been limited to the minimum number of attendees 
necessary to support the Agency's mission.


(End of clause)
0
10. Add 752.7036 to read as follows:


752.7036  USAID Implementing Partner Notices (IPN) portal for 
acquisition.

    Insert the clause at 752.7036 in section I of all solicitations and 
resulting contracts, except for orders under indefinite delivery 
contracts issued pursuant to (48 CFR) FAR subpart 16.5; orders under 
Federal Supply (GSA) Schedules issued pursuant to (48 CFR) FAR subpart 
8.4; and contracts and purchase orders awarded under the simplified 
acquisitions procedures of (48 CFR) FAR part 13.

USAID Implementing Partner Notices (IPN) Portal for Acquisition (July 
2014)

    (a) Definitions:
    Universal bilateral modification means a bilateral modification, 
as defined in FAR subpart 43.1, affecting all USAID awards or a 
class of awards, as specified in the Agency notification of such 
modification, that updates or incorporates new FAR or AIDAR clauses, 
other terms and conditions, or special requirements.
    USAID Implementing Partner Notices (IPN) Portal for Acquisition 
(IPN Portal) means the single point where USAID uploads universal 
bilateral modifications, which can be accessed electronically by 
registered USAID contractors. The IPN Portal is located at https://sites.google.com/site/ipnforacquisitions/.
    IPN Portal Administrator means the USAID official designated by 
the M/OAA Director, who has overall responsibility for managing the 
USAID Implementing Partner Notices Portal for Acquisition.
    (b) By submission of an offer and execution of a contract, the 
Offeror/Contractor acknowledges the requirement to:
    (1) Register with the IPN Portal if awarded a contract resulting 
from this solicitation, and
    (2) Receive universal bilateral modifications of this contract 
and general notices through the IPN Portal.
    (c) Procedure to register for notifications.
    Go to: https://sites.google.com/site/usaidipnforacquisitions/ 
and click the ``Register'' button at the top of the page. Contractor 
representatives must use their official organization email address 
when subscribing, not personal email addresses.
    (d) Processing of IPN portal modifications.
    (1) The contractor may access the IPN Portal at any time to 
review all IPN Portal modifications; however, the system will also 
notify the contractor by email when the USAID IPN Portal 
Administrator uploads a universal bilateral modification for 
contractor review and signature. Proposed IPN Portal modifications 
distributed through the IPN Portal are applicable to all awards, 
unless otherwise noted in the proposed modification.
    (2) Within 15 calendar days from receipt of the notification 
email from the IPN Portal, the contractor must do one of the 
following:
    (i) (A) Verify applicability of the proposed modification to 
their award(s) per the instructions provided with each modification;
    (B) Download the modification and incorporate the following 
information on the SF30 form: Contract number, organization name, 
and organization mailing address as it appears in the basic award;
    (C) Sign the hardcopy version; and
    (D) Send the signed modification (by email or hardcopy) to the 
CO for signature.

    Note: The contractor must not incorporate any other changes to 
the IPN Portal modification. Bilateral modifications provided 
through the IPN Portal are not effective until the both the 
contractor and the CO sign the modification;

    (ii) Notify the Contracting Officer in writing if the 
modification requires negotiation of additional changes to terms and 
conditions of the contract; or
    (iii) Notify the Contracting Officer that the contractor 
declines to sign the modification.
    (3) Within 30 calendar days of receipt of a signed modification 
from the contractor, the CO must provide the fully executed 
modification to the contractor or initiate discussions with the 
contractor.


(End of clause)
0
11. Add 752.7037 to read as follows:


752.7037  Child safeguarding standards.

    Insert the clause at 752.7037, Child Safeguarding Standards, in 
section I of

[[Page 69934]]

all solicitations and contracts other than those for commercial items.

Child Safeguarding Standards (Date)

    (a) Implementation of activities under this award may involve 
children, or personnel engaged in the implementation of the award 
may come into contact with children, which could raise the risk of 
child abuse, exploitation, or neglect within this award. The 
contractor agrees to abide by the following child safeguarding core 
principles:
    (1) Ensure compliance with host country and local child welfare 
and protection legislation or international standards, whichever 
gives greater protection, and with U.S. law where applicable;
    (2) Prohibit all personnel from engaging in child abuse, 
exploitation, or neglect;
    (3) Consider child safeguarding in project planning and 
implementation to determine potential risks to children that are 
associated with project activities and operations;
    (4) Apply measures to reduce the risk of child abuse, 
exploitation, or neglect, including, but not limited to, limiting 
unsupervised interactions with children; prohibiting exposure to 
pornography; and complying with applicable laws, regulations, or 
customs regarding the photographing, filming, or other image-
generating activities of children;
    (5) Promote child-safe screening procedures for personnel, 
particularly personnel whose work brings them in direct contact with 
children; and
    (6) Have a procedure for ensuring that personnel and others 
recognize child abuse, exploitation, or neglect; mandating that 
personnel and others report allegations; investigating and managing 
allegations; and taking appropriate action in response to such 
allegations, including, but not limited to, dismissal of personnel.
    (b) The contractor must also include in the code of conduct for 
all personnel implementing USAID-funded activities, the child 
safeguarding principles in paragraphs (a)(1) through (6) of this 
clause.
    (c) The following definitions apply for purposes of this clause:
    (1) Child: A child or children are defined as persons who have 
not attained 18 years of age.
    (2) Child abuse, exploitation, or neglect: Constitutes any form 
of physical abuse; emotional ill-treatment; sexual abuse; neglect or 
insufficient supervision; trafficking; or commercial, transactional, 
labor, or other exploitation resulting in actual or potential harm 
to the child's health, well-being, survival, development, or 
dignity. It includes, but is not limited to: Any act or failure to 
act which results in death, serious physical or emotional harm to a 
child, or an act or failure to act which presents an imminent risk 
of serious harm to a child.
    (3) Emotional abuse or ill treatment: Constitutes injury to the 
psychological capacity or emotional stability of the child caused by 
acts, threats of acts, or coercive tactics. Emotional abuse may 
include, but is not limited to: Humiliation, control, isolation, 
withholding of information, or any other deliberate activity that 
makes the child feel diminished or embarrassed.
    (4) Exploitation: Constitutes the abuse of a child where some 
form of remuneration is involved or whereby the perpetrators benefit 
in some manner. Exploitation represents a form of coercion and 
violence that is detrimental to the child's physical or mental 
health, development, education, or well-being.
    (5) Neglect: Constitutes failure to provide for a child's basic 
needs within USAID-funded activities that are responsible for the 
care of a child in the absence of the child's parent or guardian.
    (6) Physical abuse: Constitutes acts or failures to act 
resulting in injury (not necessarily visible), unnecessary or 
unjustified pain or suffering without causing injury, harm or risk 
of harm to a child's health or welfare, or death. Such acts may 
include, but are not limited to: Punching, beating, kicking, biting, 
shaking, throwing, stabbing, choking, or hitting (regardless of 
object used), or burning. These acts are considered abuse regardless 
of whether they were intended to hurt the child.
    (7) Sexual abuse: Constitutes fondling a child's genitals, 
penetration, incest, rape, sodomy, indecent exposure, and 
exploitation through prostitution or the production of pornographic 
materials.
    (d) The contractor must insert this clause in all subcontracts 
under this award.

(End of clause)

    Dated: August 25, 2015.
Deborah Broderick,
Acting Chief Acquisition Officer.
[FR Doc. 2015-27977 Filed 11-10-15; 8:45 am]
 BILLING CODE 6116-01-P

69930 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules

October 4, 1993) and 13563 (76 FR 3821, AGENCY FOR INTERNATIONAL using special characters and any form of
January 21, 2011); DEVELOPMENT encryption. Please note that USAID
• Does not impose an information recommends sending all comments to
collection burden under the provisions 48 CFR Parts 722, 729, 731, and 752 the Federal eRulemaking Portal because
of the Paperwork Reduction Act (44 RIN 0412–AA78 security screening precautions have
U.S.C. 3501 et seq.); slowed the delivery and dependability
Various Administrative Changes and of surface mail to USAID/Washington.
• Is certified as not having a Three days after receipt of a comment
Clauses to the USAID Acquisition
significant economic impact on a and until finalization of the action, all
Regulation
substantial number of small entities comments will be made available at
under the Regulatory Flexibility Act (5 AGENCY: U.S. Agency for International http://www.regulations.gov for public
U.S.C. 601 et seq.); Development. review without change, including any
• Does not contain any unfunded ACTION: Proposed rule. personal information provided. We
mandate or significantly or uniquely recommend you do not submit
affect small governments, as described SUMMARY: The U.S. Agency for information that you consider
in the Unfunded Mandates Reform Act International Development (USAID) Confidential Business Information (CBI)
of 1995 (Pub. L. 104–4); seeks public comment on a proposed or any information that is otherwise
rule that would revise the Agency for protected from disclosure by statute.
• Does not have Federalism International Development Acquisition USAID will only address comments
implications as specified in Executive Regulation (AIDAR) to maintain that explain why the rule would be
Order 13132 (64 FR 43255, August 10, consistency with Federal and Agency inappropriate, ineffective or
1999); regulations and incorporate current and unacceptable without a change.
• Is not an economically significant new USAID clauses into the regulation. Comments that are insubstantial or
regulatory action based on health or DATES: Comments must be received no outside the scope of the rule will not be
safety risks subject to Executive Order later than December 14, 2015. considered.
13045 (62 FR 19885, April 23, 1997); ADDRESSES: Address all comments B. Background
• Is not a significant regulatory action concerning this notice to Marcelle J. USAID is seeking comments on the
subject to Executive Order 13211 (66 FR Wijesinghe, Bureau for Management, proposed rule as described below:
28355, May 22, 2001); Office of Acquisition and Assistance, • FAR subpart 22.8 prohibits federal
• Is not subject to requirements of Policy Division (M/OAA/P), Room 867J, contractors performing in the U.S. from
Section 12(d) of the National SA–44, Washington, DC 20523–2052. discrimination with regard to race,
Technology Transfer and Advancement Submit comments, identified by title of color, religion, sex, national origin,
Act of 1995 (15 U.S.C. 272 note) because the action and Regulatory Information disability, age, genetic information, or
application of those requirements would Number (RIN) by any of the following veteran status. As a matter of policy, the
be inconsistent with the CAA; and methods: Agency encourages all USAID
1. Through the Federal eRulemaking contractors performing and recruiting
• Does not provide EPA with the Portal at http://www.regulations.gov by
discretionary authority to address, as entirely outside the United States to
following the instructions for submitting apply these same standards of
appropriate, disproportionate human comments.
health or environmental effects, using nondiscrimination in their workplace.
2. By Email: Submit electronic The provision entitled
practicable and legally permissible comments to both mwijesinghe@
methods, under Executive Order 12898 ‘‘Nondiscrimination’’ contains language
usaid.gov and lbond@usaid.gov. See that encourages contractors performing
(59 FR 7629, February 16, 1994). SUPPLEMENTAL INFORMATION for file and recruiting entirely outside the
In addition, the SIP is not approved formats and other information about United States to establish
to apply on any Indian reservation land electronic filing. comprehensive nondiscrimination
or in any other area where EPA or an 3. By Mail addressed to: USAID, polices for their workplaces. The
Indian tribe has demonstrated that a Bureau for Management, Office of provision was implemented on an
tribe has jurisdiction. In those areas of Acquisition & Assistance, Policy interim basis in 2012 through Agency
Indian country, the proposed rule does Division, Room 867J, SA–44, policy found in ADS 302 Mandatory
not have tribal implications and will not Washington, DC 20523–2052. Reference, Special Provisions for
impose substantial direct costs on tribal FOR FURTHER INFORMATION CONTACT: Acquisition and is hereby formally
governments or preempt tribal law as Lyudmila Bond, Telephone: 202–567– incorporated in the AIDAR without
specified by Executive Order 13175 (65 4753 or Email: lbond@usaid.gov. revision at 752.222–71. The Agency
FR 67249, November 9, 2000). SUPPLEMENTARY INFORMATION: believes that the transfer of the clause
List of Subjects in 40 CFR Part 52 from the internal Agency policy into the
A. Instructions
AIDAR will have no impact on
Environmental protection, Air All comments must be in writing and contractors.
pollution control, Incorporation by submitted through one of the methods • Section 579 of the Foreign
reference, Intergovernmental relations, specified in the Addresses section Operations, Export Financing, and
Reporting and recordkeeping above. All submissions must include the Related Programs Appropriations Act of
mstockstill on DSK4VPTVN1PROD with PROPOSALS

requirements, Sulfur dioxide (SO2). title of the action and RIN for this FY 2003 (Pub. L. 108–7) and similar
Authority: 42 U.S.C. 7401 et seq. rulemaking. Please include your name, sections in subsequent acts require
title, organization, postal address, certain steps to prevent countries from
Dated: October 27, 2015.
telephone number, and email address in imposing taxes [defined as Value Added
Samuel Coleman, the text of the message. Tax (VAT) or customs duties] on U.S.
Acting Regional Administrator, Region 6. Comments submitted by email must foreign assistance. If taxes or customs
[FR Doc. 2015–28353 Filed 11–10–15; 8:45 am] be included in the text of the email or duties are imposed, the foreign
BILLING CODE 6560–50–P attached as a PDF file. Please avoid government must reimburse the amount

VerDate Sep<11>2014 17:34 Nov 10, 2015 Jkt 238001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\12NOP1.SGM 12NOP1

69932 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules

et seq. Therefore, an Initial Regulatory Department of State has published 752.222–71 Nondiscrimination
Flexibility Analysis has not been guidance for implementing this section As prescribed in (48 CFR) AIDAR
performed. of the Act. 722.810(b), insert the following clause
(b) Contracting Officers (COs) must in section I of all solicitations and
List of Subjects in 48 CFR Parts 722,
insert the clause at 752.229–71, resulting contracts.
729, 731, and 752
Reporting of Foreign Taxes in section I
Government procurement. of solicitations and resulting contracts Nondiscrimination (June 2012)
For the reasons discussed in the that obligate or subobligate FY 2003 or FAR Part 22 and the clauses prescribed in
preamble, USAID proposes to amend 48 later funds except for the following: that part prohibit contractors performing in
CFR chapter 7 as set forth below: (1) Contracts funded with Operating or recruiting from the U.S. from engaging in
Expense, Public Law 480 funds, or trust certain discriminatory practices. USAID is
CHAPTER 7—AGENCY FOR committed to achieving and maintaining a
INTERNATIONAL DEVELOPMENT funds; or
diverse and representative workforce and a
(2) Contracts where there will be no
SUBCHAPTER D—SOCIOECONOMIC workplace free of discrimination. Based on
commodity transactions in a foreign law, Executive Order, and Agency policy,
PROGRAMS country over the amount of $500. USAID prohibits discrimination in its own
PART 722—APPLICATION OF LABOR workplace on the basis of race, color,
PART 731—CONTRACT COST religion, sex (including pregnancy and
LAWS TO GOVERNMENT PRINCIPLES AND PROCEDURES gender identity), national origin, disability,
ACQUISITION age, veteran’s status, sexual orientation,
■ 4. The authority citation for 48 CFR genetic information, marital status, parental
■ 1. The authority citation for 48 CFR part 731 continues to read as follows: status, political affiliation, and any other
part 722 continues to read as follows: conduct that does not adversely affect the
Authority: Sec. 621, Pub. L. 87–195, 75
Authority: Sec. 621, Pub. L. 87–195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. performance of the employee. USAID does
Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 not tolerate any type of harassment, either
12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 Comp., p. 435. sexual or nonsexual, of any employee or
CFR 1979 Comp., p. 435. applicant for employment. Contractors are
Subpart 731.2—Contracts With required to comply with the
Subpart 722.8—Equal Employment Commercial Organizations nondiscrimination requirements of the FAR.
Opportunity In addition, the Agency strongly
■ 5. Add 731.205–43 to read as follows. encourages all its contractors (at all tiers) to
■ 2. Revise 722.810 to read as follows: develop and enforce comprehensive
731.205–43 Trade, business, technical and nondiscrimination policies for their
722.810 Solicitation provisions and professional activity costs—USAID workplaces that include protection on these
contract clauses. conference approval requirements. expanded bases, subject to applicable law.
(a) The contracting officer must insert (a) The contractor must receive prior
the clause at 752.222–70, USAID written approval from the contracting (End of clause)
Disability Policy in section I of all officer, or the contracting officer’s ■ 8. Add 752.229–71 to read as follows:
solicitations and resulting contracts. representative (COR), if delegated in the 752.229–71 Reporting of foreign taxes.
(b) The contracting officer must insert Contracting Officer’s Representative
the clause at 752.222–71, As prescribed in (48 CFR) AIDAR
Designation Letter, for costs related to 729.402–70, insert the following clause
Nondiscrimination in section I of all conferences funded in whole or in part
solicitations and resulting contracts. in section I of applicable solicitations
with USAID funds when: and resulting contracts. The contracting
SUBCHAPTER E—GENERAL (1) Twenty (20) or more USAID
officer must insert address and point of
CONTRACTING REQUIREMENTS employees are expected to attend.
contact at the Embassy, Mission, or
■ 3. Add part 729 to subchapter E to (2) The net conference expense
M/CFO/CMP as appropriate under
read as follows. funded by USAID will exceed $100,000
section (d) of this clause.
(excluding salary of employees),
PART 729—TAXES regardless of the number of USAID Reporting of Foreign Taxes (July 2007)
participants. (a) The contractor must annually submit a
Subpart 729.4—Contract Clauses (b) Contracting officers must insert the report by April 16 of the next year.
729.402–70 Foreign contracts. clause at 752.231–72 in all USAID- (b) Contents of Report. The report must
funded solicitations and contracts contain:
Authority: Sec. 621, Pub. L. 87–195, 75 anticipated to include a requirement for (1) Contractor name.
Stat. 445, (22 U.S.C. 2381) as amended; E.O. a USAID-funded conference. See (48 (2) Contact name with phone, fax number
12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR) AIDAR 752.231–72 for the and email address.
CFR 1979 Comp., p. 435. definition of a conference and specific (3) Contract number(s).
requirements and procedures. (4) Amount of foreign taxes assessed by a
Subpart 729.4—Contract Clauses foreign government [each foreign government
SUBCHAPTER H—CLAUSES AND FORMS must be listed separately] on commodity
729.402–70 Foreign contracts. purchase transactions valued at $500 or more
(a) Section 579 of the Foreign PART 752—SOLICITATION financed with U.S. foreign assistance funds
Operations, Export Financing, and PROVISIONS AND CONTRACT under this agreement during the prior U.S.
Related Programs Appropriations Act of fiscal year.
mstockstill on DSK4VPTVN1PROD with PROPOSALS

CLAUSES
FY 2003 requires certain steps to (5) Only foreign taxes assessed by the
prevent countries from imposing taxes ■ 6. The authority citation for 48 CFR foreign government in the country receiving
[defined as Value Added Tax (VAT) or part 752 continues to read as follows: U.S. assistance are to be reported. Foreign
taxes by a third party foreign government are
customs duties] on U.S. foreign Authority: Sec. 621, Pub. L. 87–195, 75
not to be reported. For example, if a
assistance, or if imposed, requires the Stat. 445, (22 U.S.C. 2381) as amended; E.O.
contractor performing in Lesotho using
countries to reimburse the assessed 12163, Sept. 29, 1979, 44 FR 56673; and 3
foreign assistance funds should purchase
taxes or duties. The Act also requires CFR 1979 Comp., p. 435.
commodities in South Africa, any taxes
certain reporting to Congress. The ■ 7. Add 752.222–71 to read as follows: imposed by South Africa would not be

VerDate Sep<11>2014 17:34 Nov 10, 2015 Jkt 238001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\12NOP1.SGM 12NOP1

$69934 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules all solicitations and contracts other than personnel and others report allegations; involved or whereby the perpetrators benefit those for commercial items. investigating and managing allegations; and in some manner. Exploitation represents a taking appropriate action in response to such form of coercion and violence that is Child Safeguarding Standards (Date) allegations, including, but not limited to, detrimental to the child’s physical or mental dismissal of personnel. health, development, education, or well- (a) Implementation of activities under this award may involve children, or personnel (b) The contractor must also include in the being. engaged in the implementation of the award code of conduct for all personnel (5) Neglect: Constitutes failure to provide may come into contact with children, which implementing USAID-funded activities, the for a child’s basic needs within USAID- could raise the risk of child abuse, child safeguarding principles in paragraphs funded activities that are responsible for the exploitation, or neglect within this award. (a)(1) through (6) of this clause. care of a child in the absence of the child’s The contractor agrees to abide by the (c) The following definitions apply for parent or guardian. following child safeguarding core principles: purposes of this clause: (6) Physical abuse: Constitutes acts or (1) Ensure compliance with host country (1) Child: A child or children are defined failures to act resulting in injury (not and local child welfare and protection as persons who have not attained 18 years of necessarily visible), unnecessary or legislation or international standards, age. unjustified pain or suffering without causing whichever gives greater protection, and with (2) Child abuse, exploitation, or neglect: injury, harm or risk of harm to a child’s U.S. law where applicable; Constitutes any form of physical abuse; health or welfare, or death. Such acts may (2) Prohibit all personnel from engaging in emotional ill-treatment; sexual abuse; neglect or insufficient supervision; trafficking; or include, but are not limited to: Punching, child abuse, exploitation, or neglect; beating, kicking, biting, shaking, throwing, (3) Consider child safeguarding in project commercial, transactional, labor, or other exploitation resulting in actual or potential stabbing, choking, or hitting (regardless of planning and implementation to determine object used), or burning. These acts are potential risks to children that are associated harm to the child’s health, well-being, survival, development, or dignity. It considered abuse regardless of whether they with project activities and operations; includes, but is not limited to: Any act or were intended to hurt the child. (4) Apply measures to reduce the risk of failure to act which results in death, serious (7) Sexual abuse: Constitutes fondling a child abuse, exploitation, or neglect, including, but not limited to, limiting physical or emotional harm to a child, or an child’s genitals, penetration, incest, rape, unsupervised interactions with children; act or failure to act which presents an sodomy, indecent exposure, and exploitation prohibiting exposure to pornography; and imminent risk of serious harm to a child. through prostitution or the production of complying with applicable laws, regulations, (3) Emotional abuse or ill treatment: pornographic materials. or customs regarding the photographing, Constitutes injury to the psychological (d) The contractor must insert this clause filming, or other image-generating activities capacity or emotional stability of the child in all subcontracts under this award. of children; caused by acts, threats of acts, or coercive (5) Promote child-safe screening tactics. Emotional abuse may include, but is (End of clause) procedures for personnel, particularly not limited to: Humiliation, control, Dated: August 25, 2015. personnel whose work brings them in direct isolation, withholding of information, or any Deborah Broderick, contact with children; and other deliberate activity that makes the child feel diminished or embarrassed. Acting Chief Acquisition Officer. (6) Have a procedure for ensuring that personnel and others recognize child abuse, (4) Exploitation: Constitutes the abuse of a [FR Doc. 2015–27977 Filed 11–10–15; 8:45 am] exploitation, or neglect; mandating that child where some form of remuneration is BILLING CODE 6116–01–P mstockstill on DSK4VPTVN1PROD with PROPOSALS VerDate Sep<11>2014 17:34 Nov 10, 2015 Jkt 238001 PO 00000 Frm 00047 Fmt 4702 Sfmt 9990 E:\FR\FM\12NOP1.SGM 12NOP1$

Document Created: 2015-12-14 14:53:06
Document Modified: 2015-12-14 14:53:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received no later than December 14, 2015.
Contact		Lyudmila Bond, Telephone: 202-567-4753 or Email: [email protected]
FR Citation		80 FR 69930
RIN Number		0412-AA78
CFR Citation		48 CFR 722 48 CFR 729 48 CFR 731 48 CFR 752