81 FR 28816 - Defense Federal Acquisition Regulation Supplement: Display of Hotline Posters (DFARS Case 2016-D018)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 81, Issue 90 (May 10, 2016)
Defense Acquisition Regulations System
Federal Register Volume 81, Issue 90 (May 10, 2016)
| Page Range | 28816-28817 | |
| FR Document | 2016-10829 |
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)] [Proposed Rules] [Pages 28816-28817] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10829] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 252 [Docket DARS-2016-0016] RIN 0750-AI94 Defense Federal Acquisition Regulation Supplement: Display of Hotline Posters (DFARS Case 2016-D018) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to consolidate the multiple hotline posters into one poster that delineates multiple reportable offenses. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before July 11, 2016, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2016-D018, using any of the following methods: [cir] Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ``DFARS Case 2016-D018'' under the heading ``Enter keyword or ID'' and selecting ``Search.'' Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 2016-D018.'' Follow the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``DFARS Case 2016-D018'' on your attached document. [cir] Email: [email protected]. Include DFARS Case 2016-D018 in the subject line of the message. [cir] Fax: 571-372-6094. [cir] Mail: Defense Acquisition Regulations System, Attn: Mr. Christopher Stiller, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Mr. Christopher Stiller, telephone 571-372-6176. SUPPLEMENTARY INFORMATION: I. Background This rule proposes to revise the DFARS to update DFARS clause 252.203-7004, Display of Hotline Posters. This clause currently requires the display of a DoD fraud hotline poster, a separate combating trafficking in persons poster, and a whistleblower protection poster. DoD has consolidated the posters into one poster to reduce the number of posters required to be displayed and proposes updating the clause accordingly. This rule also removes the United States-only restriction for use of the DoD poster, because the human trafficking poster requires display outside the United States, even though the fraud hotline poster did not. Additionally, if the contract is funded, in whole or in part, by the Department of Homeland Security (DHS) disaster relief funds and the work is to be performed in the United States, the DHS fraud hotline poster must also be displayed. The clause also is amended to provide contact information for obtaining the DHS poster. II. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act DoD does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. However, an initial regulatory flexibility analysis has been performed and is summarized as follows: [[Page 28817]] The Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.203-7004, Display of Hotline Posters, currently requires, in certain circumstance, the display of a DoD fraud hotline poster, a DoD Combatting Trafficking in Persons hotline poster, and a Department of Homeland Security (DHS) fraud hotline poster. The DoD Inspector General has consolidated the DoD hotline posters; therefore, only a one DoD poster is required. DoD is proposing to amend the clause to clarify that only one DoD poster is required and to remove the United States-only applicability for the DoD fraud hotline poster. The rule also proposes to add contact information for obtaining the DHS hotline poster. The clause is required for use in contracts with an estimated value greater than $5.5 million, except contracts awarded using Federal Acquisition Regulations part 12 commercial item procedures for the acquisition of commercial item. According to data available in the Federal Procurement Data System, in fiscal year (FY) 2015, DoD awarded 4,180 contracts meeting this criteria to 2,656 unique vendors, of which 1,598 (approximately 60% percent) were small businesses. DoD estimates the total number of small businesses affected by this rule to be approximately 1,920 small businesses (the total for FY 2015 plus 20 percent to accommodate subcontractor applicability). This proposed rule does not add any new reporting, recordkeeping, or compliance requirements. The rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known alternatives to accomplish the objectives of the proposed rule. The impact of this rule on small business is expected to be insignificant. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C 610 (DFARS Case 2016-D018), in correspondence. IV. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 252 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 252 is proposed to be amended as follows: PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 1. The authority citation for part 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 0 2. Amend section 252.203-7004 by-- 0 a. Removing the clause date ``(OCT 2015)'' and adding ``(DATE)'' in its place; 0 b. Revising paragraph (b); 0 c. Removing paragraph (c); 0 d. Redesignating paragraphs (d) and (e) as paragraphs (c) and (d), respectively; 0 e. In newly redesignated paragraph (c)(1), removing ``These DoD hotline posters'' and adding ``The DoD hotline poster'' in its place; 0 f. In newly redesignated paragraph (c)(2), removing ``posters are'' and adding ``poster is'' in its place and removing ``(d)(1)'' and adding '' (c)(1)'' in its place; and 0 g. In newly designated paragraph (d), removing ``(e)'' and adding ``(d)'' in its place. The revision reads as follows: 252.203-7004 Display of Hotline Posters. * * * * * (b) Display of hotline poster(s). (1) The Contractor shall display prominently the DoD fraud, waste, and abuse hotline poster, in effect at time of contract award prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work under DoD contracts. (2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds and the work is to be performed in the United States the DHS fraud hotline poster shall be displayed in addition to the DoD hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from: DHS Office of Inspector General/MAIL STOP 0305, Attn: Office of Investigations--Hotline, 245 Murray Lane SW., Washington, DC 20528- 0305, or also available via the internet at https://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg. * * * * * [FR Doc. 2016-10829 Filed 5-9-16; 8:45 am] BILLING CODE 5001-06-P
![28816 Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Proposed Rules
■ g. In newly redesignated paragraph was developed exclusively at private approximately two to three days after
(g)(1) introductory text, removing expense. submission to verify posting (except
‘‘(h)(3)’’ and adding ‘‘(g)(3)’’ in its place; * * * * * allow 30 days for posting of comments
and [FR Doc. 2016–10827 Filed 5–9–16; 8:45 am] submitted by mail).
■ h. In newly redesignated paragraph BILLING CODE 5001–06–P FOR FURTHER INFORMATION CONTACT: Mr.
(g)(3), removing ‘‘(h)(1)’’ and adding Christopher Stiller, telephone 571–372–
‘‘(g)(1)’’ in its place. 6176.
■ 5. Amend section 252.227–7037 by— DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION:
■ a. Removing the clause date ‘‘(JUN
Defense Acquisition Regulations I. Background
2013)’’ and adding ‘‘(DATE)’’ in its
place; and System This rule proposes to revise the
■ b. Revising paragraphs (b)(1) and (2). DFARS to update DFARS clause
The revision reads as follows: 48 CFR Part 252 252.203–7004, Display of Hotline
[Docket DARS–2016–0016] Posters. This clause currently requires
252.227–7037 Validation of restrictive the display of a DoD fraud hotline
markings on technical data. RIN 0750–AI94 poster, a separate combating trafficking
(b) * * * in persons poster, and a whistleblower
Defense Federal Acquisition protection poster. DoD has consolidated
(1) Commercial items. (i) Except as
Regulation Supplement: Display of the posters into one poster to reduce the
provided in paragraph (b)(2) of this
Hotline Posters (DFARS Case 2016– number of posters required to be
clause, the Contracting Officer will
D018) displayed and proposes updating the
presume that the Contractor’s or a
subcontractor’s asserted use or release AGENCY: Defense Acquisition clause accordingly. This rule also
restrictions with respect to a Regulations System, Department of removes the United States-only
commercial item is justified on the basis Defense (DoD). restriction for use of the DoD poster,
that the item was developed exclusively ACTION: Proposed rule.
because the human trafficking poster
at private expense. requires display outside the United
(ii) The Contracting Officer will not SUMMARY: DoD is proposing to amend States, even though the fraud hotline
challenge such assertions unless the the Defense Federal Acquisition poster did not. Additionally, if the
Contracting Officer has information that Regulation Supplement (DFARS) to contract is funded, in whole or in part,
demonstrates that the commercial item consolidate the multiple hotline posters by the Department of Homeland
was not developed exclusively at into one poster that delineates multiple Security (DHS) disaster relief funds and
private expense. reportable offenses. the work is to be performed in the
(2) Major weapon systems. In the case DATES: Comments on the proposed rule United States, the DHS fraud hotline
of a challenge to a use or release should be submitted in writing to the poster must also be displayed. The
restriction that is asserted with respect address shown below on or before July clause also is amended to provide
to data of the Contractor or a 11, 2016, to be considered in the contact information for obtaining the
subcontractor for a major weapon formation of a final rule. DHS poster.
system or a subsystem or component ADDRESSES: Submit comments II. Executive Orders 12866 and 13563
thereof on the basis that the major identified by DFARS Case 2016–D018, Executive Orders (E.O.s) 12866 and
weapon system, subsystem, or using any of the following methods: 13563 direct agencies to assess all costs
component was developed exclusively Æ Regulations.gov: http:// and benefits of available regulatory
at private expense— www.regulations.gov. Submit comments alternatives and, if regulation is
(i) The presumption in paragraph via the Federal eRulemaking portal by necessary, to select regulatory
(b)(1) of this clause applies to— entering ‘‘DFARS Case 2016–D018’’ approaches that maximize net benefits
(A) A commercial subsystem or under the heading ‘‘Enter keyword or (including potential economic,
component of a major weapon system, ID’’ and selecting ‘‘Search.’’ Select the environmental, public health and safety
if the major weapon system was link ‘‘Submit a Comment’’ that effects, distributive impacts, and
acquired as a commercial item in corresponds with ‘‘DFARS Case 2016– equity). E.O. 13563 emphasizes the
accordance with DFARS subpart 234.70 D018.’’ Follow the instructions provided importance of quantifying both costs
(10 U.S.C. 2379(a)); at the ‘‘Submit a Comment’’ screen. and benefits, of reducing costs, of
(B) A component of a subsystem, if Please include your name, company harmonizing rules, and of promoting
the subsystem was acquired as a name (if any), and ‘‘DFARS Case 2016– flexibility. This is not a significant
commercial item in accordance with D018’’ on your attached document. regulatory action and, therefore, was not
DFARS subpart 234.70 (10 U.S.C. Æ Email: osd.dfars@mail.mil. Include subject to review under section 6(b) of
2379(b)); and DFARS Case 2016–D018 in the subject E.O. 12866, Regulatory Planning and
(C) Any other component, if the line of the message. Review, dated September 30, 1993. This
component is a commercially available Æ Fax: 571–372–6094. rule is not a major rule under 5 U.S.C.
off-the-shelf item or a commercially Æ Mail: Defense Acquisition 804.
available off-the-shelf item with Regulations System, Attn: Mr.
modifications of a type customarily Christopher Stiller, OUSD(AT&L)DPAP/ III. Regulatory Flexibility Act
available in the commercial marketplace DARS, Room 3B941, 3060 Defense DoD does not expect this proposed
ehiers on DSK5VPTVN1PROD with PROPOSALS
or minor modifications made to meet Pentagon, Washington, DC 20301–3060. rule to have a significant economic
Federal Government requirements; and Comments received generally will be impact on a substantial number of small
(ii) In all other cases, the challenge to posted without change to http:// entities within the meaning of the
the use or release restriction will be www.regulations.gov, including any Regulatory Flexibility Act, 5 U.S.C. 601,
sustained unless information provided personal information provided. To et seq. However, an initial regulatory
by the Contractor or a subcontractor confirm receipt of your comment(s), flexibility analysis has been performed
demonstrates that the item or process please check www.regulations.gov, and is summarized as follows:
VerDate Sep<11>2014 15:20 May 09, 2016 Jkt 238001 PO 00000 Frm 00081 Fmt 4702 Sfmt 4702 E:\FR\FM\10MYP1.SGM 10MYP1](https://thefederalregister.org/doc/81_FR_28906/page/1.svg)
![Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Proposed Rules 28817
The Defense Federal Acquisition proposed rule. The impact of this rule ■ e. In newly redesignated paragraph
Regulation Supplement (DFARS) clause on small business is expected to be (c)(1), removing ‘‘These DoD hotline
252.203–7004, Display of Hotline insignificant. posters’’ and adding ‘‘The DoD hotline
Posters, currently requires, in certain DoD will also consider comments poster’’ in its place;
circumstance, the display of a DoD from small entities concerning the ■ f. In newly redesignated paragraph
fraud hotline poster, a DoD Combatting existing regulations in subparts affected (c)(2), removing ‘‘posters are’’ and
Trafficking in Persons hotline poster, by this rule in accordance with 5 U.S.C. adding ‘‘poster is’’ in its place and
and a Department of Homeland Security 610. Interested parties must submit such removing ‘‘(d)(1)’’ and adding ’’ (c)(1)’’
(DHS) fraud hotline poster. The DoD comments separately and should cite 5 in its place; and
Inspector General has consolidated the U.S.C 610 (DFARS Case 2016–D018), in
■ g. In newly designated paragraph (d),
DoD hotline posters; therefore, only a correspondence.
removing ‘‘(e)’’ and adding ‘‘(d)’’ in its
one DoD poster is required. IV. Paperwork Reduction Act place.
DoD is proposing to amend the clause
The rule does not contain any The revision reads as follows:
to clarify that only one DoD poster is
required and to remove the United information collection requirements that 252.203–7004 Display of Hotline Posters.
States-only applicability for the DoD require the approval of the Office of
Management and Budget under the * * * * *
fraud hotline poster. The rule also
Paperwork Reduction Act (44 U.S.C. (b) Display of hotline poster(s). (1)
proposes to add contact information for
chapter 35). The Contractor shall display
obtaining the DHS hotline poster.
prominently the DoD fraud, waste, and
The clause is required for use in List of Subjects in 48 CFR Part 252 abuse hotline poster, in effect at time of
contracts with an estimated value
Government procurement. contract award prepared by the DoD
greater than $5.5 million, except
Office of the Inspector General, in
contracts awarded using Federal Jennifer L. Hawes,
common work areas within business
Acquisition Regulations part 12 Editor, Defense Acquisition Regulations
segments performing work under DoD
commercial item procedures for the System.
contracts.
acquisition of commercial item. Therefore, 48 CFR part 252 is
According to data available in the (2) If the contract is funded, in whole
proposed to be amended as follows:
Federal Procurement Data System, in or in part, by Department of Homeland
fiscal year (FY) 2015, DoD awarded PART 252—SOLICITATION Security (DHS) disaster relief funds and
4,180 contracts meeting this criteria to PROVISIONS AND CONTRACT the work is to be performed in the
2,656 unique vendors, of which 1,598 CLAUSES United States the DHS fraud hotline
(approximately 60% percent) were poster shall be displayed in addition to
small businesses. DoD estimates the ■ 1. The authority citation for part 252 the DoD hotline poster. If a display of
total number of small businesses continues to read as follows: a DHS fraud hotline poster is required,
affected by this rule to be approximately Authority: 41 U.S.C. 1303 and 48 CFR the Contractor may obtain such poster
1,920 small businesses (the total for FY chapter 1. from: DHS Office of Inspector General/
2015 plus 20 percent to accommodate MAIL STOP 0305, Attn: Office of
■ 2. Amend section 252.203–7004 by—
subcontractor applicability). ■ a. Removing the clause date ‘‘(OCT Investigations—Hotline, 245 Murray
This proposed rule does not add any 2015)’’ and adding ‘‘(DATE)’’ in its Lane SW., Washington, DC 20528–0305,
new reporting, recordkeeping, or place; or also available via the internet at
compliance requirements. ■ b. Revising paragraph (b);
https://www.oig.dhs.gov/assets/Hotline/
The rule does not duplicate, overlap, ■ c. Removing paragraph (c); DHS_OIG_Hotline-optimized.jpg.
or conflict with any other Federal rules. ■ d. Redesignating paragraphs (d) and * * * * *
There are no known alternatives to (e) as paragraphs (c) and (d), [FR Doc. 2016–10829 Filed 5–9–16; 8:45 am]
accomplish the objectives of the respectively; BILLING CODE 5001–06–P
ehiers on DSK5VPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 15:20 May 09, 2016 Jkt 238001 PO 00000 Frm 00082 Fmt 4702 Sfmt 9990 E:\FR\FM\10MYP1.SGM 10MYP1](https://thefederalregister.org/doc/81_FR_28906/page/2.svg)
Document Created: 2016-05-10 05:18:37
Document Modified: 2016-05-10 05:18:37
| 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 on the proposed rule should be submitted in writing to | |
| Contact | Mr. Christopher Stiller, telephone 571-372-6176. | |
| FR Citation | 81 FR 28816 | |
| RIN Number | 0750-AI94 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR