81 FR 3763 - Federal Acquisition Regulation: Contractor Employee Internal Confidentiality Agreements
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 14 (January 22, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 14 (January 22, 2016)
| Page Range | 3763-3767 | |
| FR Document | 2016-01050 |
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)] [Proposed Rules] [Pages 3763-3767] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01050] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 3, 4, and 52 [FAR Case 2015-012; Docket No. 2015-0012; Sequence No. 1] RIN 9000-AN04 Federal Acquisition Regulation: Contractor Employee Internal Confidentiality Agreements AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a section of the Consolidated and Further Continuing Appropriations Act, 2015, that prohibits the use of funds, appropriated or otherwise made available, for a contract with an entity that requires employees or subcontractors to sign an internal confidentiality agreement that restricts such employees or subcontractors from lawfully reporting waste, fraud, or abuse to a designated Government representative authorized to receive such information. DATES: Interested parties should submit written comments to the Regulatory Secretariat at one of the addresses shown below on or before March 22, 2016 to be considered in the formation of the final rule. ADDRESSES: Submit comments in response to FAR Case 2015-012 by any of the following methods:Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ``FAR Case 2015-012''. Select the link ``Comment Now'' that corresponds with FAR Case 2015-012. Follow the instructions provided on the screen. Please include your name, company name (if any), and ``FAR Case 2015-012'' on your attached document(s). Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405-0001. Instructions: Please submit comments only and cite ``FAR Case 2015- 012'' in all correspondence related to this case. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential 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: Ms. Cecelia L. Davis, Procurement Analyst, at 202-219-0202 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAR Case 2015-012. SUPPLEMENTARY INFORMATION: I. Background This proposed rule revises the FAR to implement section 743 of Division E, [[Page 3764]] Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and successor provisions in subsequent appropriations acts (and as extended in continuing resolutions). Section 743 prohibits the use of funds appropriated or otherwise made available by Division E or any other Act for a contract, grant, or cooperative agreement with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. II. Discussion and Analysis A. FAR Changes This proposed rule implements section 743 by adding a new FAR section 3.909, Prohibition on contracting with entities that require certain internal confidentiality agreements. The proposed rule is written to also cover future successor provisions in subsequent appropriations acts and perpetuation of the requirement through continuing resolutions. This allows more seamless implementation. If at any point an appropriations act does not include a similar prohibition, the FAR will be modified accordingly. The proposed rule requires that each offeror, in order to be eligible for award, represent, by submission of its offer, that it does not require employees or subcontractors to sign or comply with such internal confidentiality agreements. The representation is in a new provision at FAR section 52.203-XX, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-- Representation, which must be included in all solicitations, except solicitations for personal services contracts with an individual, using funds subject to the prohibition, except that this requirement is implemented for commercial item solicitations by the part 12 provision at FAR section 52.212-3, paragraph (q). Contracting officers shall not insert this provision in solicitations for personal services contracts with an individual if the services are to be performed entirely by the individual, rather than by an employee of the contractor or a subcontractor. The new FAR clause 52.203-YY, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements, notifies the contractor of the prohibition on use of funds for the contract, if the contractor is in noncompliance with the requirements of the clause. The clause also requires that contractors notify employees that any such agreements in pre-existing confidentiality agreements are no longer in effect. This notice could be accomplished through normal business communication channels, such as email. This clause must be included in all solicitations and resultant contracts, except for personal services contracts with individuals. Existing contracts must be modified to include the clause before obligating Fiscal Year (FY) 2015 or subsequent FY funds that are subject to the same prohibition on confidentiality agreements, except for personal services contracts with individuals. There are also conforming changes at FAR sections 3.900, 4.1202, 52.204-8, and 52.212-5. B. Applicability DoD, GSA, and NASA are proposing to apply this rulemaking to all solicitations and resultant contracts that are funded with FY 2015 funds or subsequent FY funds that are subject to the same prohibition on confidentiality agreements, including contracts and subcontracts for acquisitions in amounts not greater than the simplified acquisition threshold, and contracts and subcontracts for the acquisition of commercial items, (including commercially available off-the-shelf items). Because the emphasis of section 743 is to prohibit restrictions on the ability of employees and subcontractors to report waste, fraud, or abuse to appropriate Government authorities, it is not in the best interest of the Federal Government to waive the applicability of section 743 to contracts and subcontracts in amounts not greater than the simplified acquisition threshold, or for the acquisition of commercial items (including commercially available off-the-shelf items). In making the initial determination to prohibit restrictions on the ability of employees and subcontractors to report waste, fraud, or abuse to appropriate Government authorities, it is not in the best interest of the Federal Government to waive the applicability of section 743 to contracts and subcontracts in amounts not greater than the simplified acquisition threshold, or for the acquisition of commercial items (including commercially available off-the-shelf items), since it would exclude a significant number of acquisitions and thereby further limit the number of contractor and subcontractor employees affected by section 743. The FAR Council considered the following factors: (1) The benefits of the policy in furthering Administration goals, (2) the extent to which the benefits of the policy would be reduced if an exemption is provided for acquisitions in amounts not greater than the simplified acquisition threshold, or for the acquisition of commercial items (including commercially available off-the-shelf items), and (3) the burden on contractors if the policy is applied to acquisitions in amounts not greater than the simplified acquisition threshold, or for the acquisition of commercial items (including commercially available off-the-shelf items). With respect of the first factor, the Administration is committed to implementing policy that ensures reducing waste, fraud, or abuse in all Federal acquisitions is achieved. This proposed rule makes certain that there are no restrictions that prevent contractors and subcontractors from reporting these types of situations to a designated Government representative. With respect to the second factor (the impact of excluding acquisitions in amounts not greater than the simplified acquisition threshold, and contracts and subcontracts for the acquisition of commercial items, (including commercially available off-the-shelf items) on the overall benefits of the underlying policy), the FAR Council believes impact on these benefits may inhibit contractor employees and subcontractors subject to such internal confidentiality agreements from reporting of waste, fraud, or abuse to appropriate Government authorities, thus allowing the perpetuation of such waste, fraud, or abuse. With respect to the third factor, this proposed rule imposes a minimal burden on offerors and contractors, requiring only that offerors represent by submission of the offer that they do not require certain internal confidentiality agreements, and contractors must notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by the clause are no longer in effect. This proposed rule does not contain any information collection requirements. Public feedback is welcomed on the analysis and preliminary determination to cover acquisitions in amounts not greater than the simplified acquisition threshold, and contracts and subcontracts for the acquisition of [[Page 3765]] commercial items, (including commercially available off-the-shelf items). After receipt and analysis of public comments, and in accordance with 41 U.S.C. 1905, 1906, and 1907, the FAR Council and the Administrator for Federal Procurement Policy will determine whether to incorporate in the final rule this proposed applicability to all solicitations and resultant contracts, including contracts and subcontracts for acquisitions in amounts not greater than the simplified acquisition threshold, and contracts and subcontracts for the acquisition of commercial items, (including commercially available off-the-shelf items). III. Executive Orders 12866 and 13563 Executive Orders 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). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is a significant regulatory action and, therefore, was subject to review under section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This proposed rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act DoD, GSA, and NASA do not expect this 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 (IRFA) has been performed and is summarized as follows: This action is necessary to implement section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and successor provisions in subsequent appropriations acts (and as extended in continuing resolutions). Section 743 prohibits the use of funds appropriated or otherwise made available by Division E or any other Act for a contract, grant, or cooperative agreement with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The objective of the rule is to remove restrictions on the ability of employees and subcontractors to report waste, fraud, or abuse to the appropriate Government authorities. The legal basis for the rule is the above cited statute. This rule will apply to all small entities that receive Government contracts awarded using funds subject to the restriction of section 743, or successor provisions in subsequent appropriations acts with the same prohibition (and as extended in continuing resolutions). Based on FPDS data for Fiscal Year 2014, this rule may affect up to 108,500 small entities per year (75,000 small entities receiving new awards, 33,500 modifications). However, it is doubtful that most small entities have any such prohibited internal confidentiality agreements with their employees and subcontractors. The rule has no significant economic impact on small entities. DoD, GSA, and NASA did not identify any significant alternatives that would reduce the impact on small entities and still meet the objectives of the statute. The Regulatory Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-012), in correspondence. V. Paperwork Reduction Act The proposed 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 Subject in 48 CFR Parts 3, 4, and 52 Government procurement. Dated: January 11, 2016. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA are proposing to amend 48 CFR parts 3, 4, and 52 as set forth below: 0 1. The authority citation for 48 CFR parts 3, 4, and 52 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST 0 2. Amend section 3.900 by-- 0 a. Removing from the introductory paragraph ``three different'' and adding ``various'' in its place; 0 b. Redesignating paragraph (c) as paragraph (d); and 0 c. Adding new paragraph (c) to read as follows: 3.900 Scope of subpart. * * * * * (c) Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), implemented in 3.909, applicable to all agencies. * * * * * 0 3. Add section 3.909 to Subpart 3.9--Whistleblower Protections for Contractor Employees to read as follows: 3.909 Prohibition on contracting with entities that require certain internal confidentiality agreements. 3.909-1 Prohibition. (a) The Government is prohibited from using certain appropriated funds for a contract with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. See section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions.) (b) The prohibition in paragraph (a) of this section does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 3.909-2 Representation by the offeror. (a) In order to be eligible for contract award, an offeror must represent that it does not require employees or [[Page 3766]] subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. Any offeror that cannot so represent is ineligible for award of a contract. (b) The contracting officer may rely on an offeror's representation unless the contracting officer has reason to question the representation. 3.909-3 Solicitation provision and contract clause. When using funding subject to the prohibitions in 3.909-1(a) of this subpart, the contracting officer shall-- (a)(1) Include the provision at 52.203-XX, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements--Representation, in all solicitations, except as provided in paragraph (a)(2) of this section; and (2) Do not insert the provision in solicitations for a personal services contract with an individual if the services are to be performed entirely by the individual, rather than by an employee of the contractor or a subcontractor. (b)(1) Include the clause at 52.203-YY, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements, in all solicitations and resultant contracts, other than personal services contracts with individuals. (2) Modify existing contracts, other than personal services contracts with individuals, to include the clause before obligating FY 2015 or subsequent FY funds that are subject to the same prohibition on confidentiality agreements. PART 4--ADMINISTRATIVE MATTERS 0 4. Amend section 4.1202, as amended in 80 FR 75905 (December 4, 2015), effective February 26, 2016, by redesignating paragraphs (a)(3) through (30) as paragraphs (a)(4) through (31), respectively; and adding new paragraph (a)(3) to read as follows: 4.1202 Solicitation provision and contract clause. (a) * * * (3) 52.203-XX, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements--Representation. * * * * * PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 5. Add sections 52.203-XX and 52.203-YY to read as follows: 52.203-XX Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements--Representation. As prescribed in 3.909-3(a), insert the following provision: Prohibition on Contraction With Entities That Require Certain Internal Confidentiality Agreements--Representation (Date) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 52.203-YY Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. As prescribed in 3.909-3(b), insert the following clause: Prohibition on Contraction With Entities That Require Certain Internal Confidentiality Agreements (Date) (a) The Contractor shall not require employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (e) The contractor shall include the substance of this clause, including this paragraph (e), in subcontracts under such contracts. (End of clause) 0 6. Amend section 52.204-8, as amended in 80 FR 75906 (December 4, 2015), effective February 26, 2016, by-- 0 a. Revising the date of the provision; 0 b. Redesignating paragraphs (c)(1)(iii) through (xxii) as (c)(1)(iv) through (xxiii), respectively; and 0 c. Adding new paragraph (c)(1)(iii). The revised and added text reads as follows: 52.204-8 Annual Representations and Certifications. * * * * * Annual Representations and Certifications (Date) * * * * * (c)(1) * * * (iii) 52.203-XX, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements--Representation. This provision applies to all solicitations. * * * * * 0 7. Amend section 52.212-3, as amended at 80 FR 75907 (December 4, 2015), effective February 26, 2016, by-- 0 a. Revising the date of the provision; 0 b. Removing from the introductory paragraph and paragraph (b)(2) ``through (q)'' and adding ``through (r)'' in its place; and 0 c. Adding paragraph (r). The revised and added text reads as follows: 52.212-3 Offeror Representations and Certifications--Commercial Items. * * * * * Offeror Representations and Certifications--Commercial Items (Date) * * * * * [[Page 3767]] (r)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (r)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 0 8. Amend section 52.212-5, as amended at 80 FR 75907 (December 4, 2015), effective February 26, 2016, by-- 0 a. Revising the date of the clause; 0 b. Redesignating paragraphs (a)(1) through (3) as paragraphs (a)(2) through (4), respectively; and 0 c. Adding new paragraph (a)(1). The revised and added text reads as follows: 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items. * * * * * Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Date) (a) * * * (1) 52.203-YY, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DATE) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). * * * * * [FR Doc. 2016-01050 Filed 1-21-16; 8:45 am] BILLING CODE 6820-EP-P
![Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Proposed Rules 3763
causes as it considers to be ‘‘in the We will publish an appropriate ACTION: Proposed rule.
national public interest and amendment to 39 CFR part 551 to reflect
appropriate.’’ See 39 U.S.C. 416(b). On these changes if the proposal is adopted. SUMMARY: DoD, GSA, and NASA are
June 12, 2001, the Postal Service proposing to amend the Federal
List of Subjects in 39 CFR Part 551 Acquisition Regulation (FAR) to
published a final rule establishing the
regulations in 39 CFR part 551 for the Administrative practice and implement a section of the Consolidated
discretionary Semipostal Stamp procedure. and Further Continuing Appropriations
Program (66 FR 31826). Minor revisions In accordance with 39 U.S.C. Act, 2015, that prohibits the use of
were made to these regulations to 416(e)(2), the Postal Service invites funds, appropriated or otherwise made
implement Public Law 107–67, 115 Stat. public comment on the following available, for a contract with an entity
514 (2001), and to reflect minor proposed amendments to the Code of that requires employees or
Federal Regulations. For the reasons subcontractors to sign an internal
organizational changes in the Postal
stated in the preamble, the Postal confidentiality agreement that restricts
Service (67 FR 5215 (February 5, 2002)).
Service proposes to revise 39 CFR part such employees or subcontractors from
On February 19, 2004, the Postal Service
551 as follows: lawfully reporting waste, fraud, or abuse
published a final rule clarifying the
to a designated Government
cost-offset policy for semipostal stamps
PART 551—SEMIPOSTAL STAMP representative authorized to receive
(69 FR 7688), and on February 9, 2005,
PROGRAM such information.
the Postal Service also published an
DATES: Interested parties should submit
additional minor clarifying revision to ■ 1. The authority citation for 39 CFR
these cost-offset regulations (70 FR written comments to the Regulatory
part 551 continues to read as follows: Secretariat at one of the addresses
6764).
Authority: 39 U.S.C. 101, 201, 203, 401, shown below on or before March 22,
The Postal Service now proposes to 403, 404, 410, 414, 416. 2016 to be considered in the formation
revise paragraphs (a) and (b) of 39 CFR
■ 2. In § 551.5, revise paragraphs (a) and of the final rule.
551.5. A brief description of each
proposed change follows. (b) to read as follows: ADDRESSES: Submit comments in
The proposed revision of § 551.5(a) response to FAR Case 2015–012 by any
§ 551.5 Frequency and other limitations. of the following methods:
would remove certain restrictions on the (a) The Postal Service is authorized to • Regulations.gov: http://
commencement date of the issue semipostal stamps for a 10-year www.regulations.gov. Submit comments
discretionary Semipostal Stamp period beginning on the date on which via the Federal eRulemaking portal by
Program. Under current regulations, the semipostal stamps are first sold to the searching for ‘‘FAR Case 2015–012’’.
10-year period for the discretionary public under 39 U.S.C. 416. The Office Select the link ‘‘Comment Now’’ that
semipostal stamp program commences of Stamp Services will determine the corresponds with FAR Case 2015–012.
on a date determined by the Office of date of commencement of the 10-year Follow the instructions provided on the
Stamp Services, but that date must be period. screen. Please include your name,
after the sales period of the Breast (b) The Postal Service will offer only company name (if any), and ‘‘FAR Case
Cancer Research Stamp (BCRS) is one semipostal stamp pursuant to the 2015–012’’ on your attached
concluded. Most recently, Public Law discretionary semipostal stamp program document(s).
114–99 (December 11, 2015) extended under 39 U.S.C. 416 for sale at any given • Mail: General Services
that sales period to December 31, 2019. time during the 10-year period. Administration, Regulatory Secretariat
The proposed revision of § 551.5(a) (MVCB), ATTN: Ms. Flowers, 1800 F
* * * * *
would specify that the 10-year period Street NW., 2nd Floor, Washington, DC
will commence on a date determined by Stanley F. Mires, 20405–0001.
the Office of Stamp Services, but this Attorney, Federal Compliance. Instructions: Please submit comments
date need not be after the BCRS sale [FR Doc. 2016–01070 Filed 1–21–16; 8:45 am] only and cite ‘‘FAR Case 2015–012’’ in
period concludes. BILLING CODE 7710–12–P all correspondence related to this case.
The proposed revision of § 551.5(b) All comments received will be posted
would clarify that although only one without change to http://
semipostal stamp under the DEPARTMENT OF DEFENSE www.regulations.gov, including any
discretionary Semipostal Stamp personal and/or business confidential
Program under 39 U.S.C. 416 (a GENERAL SERVICES information provided. To confirm
‘‘discretionary program semipostal ADMINISTRATION receipt of your comment(s), please
stamp’’) will be offered for sale at any check www.regulations.gov,
one time, other semipostal stamps NATIONAL AERONAUTICS AND approximately two to three days after
required to be issued by Congress (such SPACE ADMINISTRATION submission to verify posting (except
as the BCRS) may be on sale when a allow 30 days for posting of comments
discretionary program semipostal stamp 48 CFR Parts 3, 4, and 52 submitted by mail).
is on sale. Current regulations state that [FAR Case 2015–012; Docket No. 2015– FOR FURTHER INFORMATION CONTACT: Ms.
the Postal Service will offer only one 0012; Sequence No. 1] Cecelia L. Davis, Procurement Analyst,
semipostal stamp for sale at any given at 202–219–0202 for clarification of
time during the 10-year period (not RIN 9000–AN04 content. For information pertaining to
wgreen on DSK2VPTVN1PROD with PROPOSALS
specifying whether it is a discretionary status or publication schedules, contact
Federal Acquisition Regulation:
program semipostal stamp or a the Regulatory Secretariat at 202–501–
Contractor Employee Internal
semipostal stamp required by Congress). 4755. Please cite FAR Case 2015–012.
Confidentiality Agreements
The proposed revision of § 551.5(b) SUPPLEMENTARY INFORMATION:
would clarify that the one-at-a-time AGENCY: Department of Defense (DoD),
limitation on the sale of semipostal General Services Administration (GSA), I. Background
stamps applies only to discretionary and National Aeronautics and Space This proposed rule revises the FAR to
program semipostal stamps. Administration (NASA). implement section 743 of Division E,
VerDate Sep<11>2014 14:28 Jan 21, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\22JAP1.SGM 22JAP1](https://thefederalregister.org/doc/81_FR_3777/page/1.svg)
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(r)(1) In accordance with section 743 of DEPARTMENT OF THE INTERIOR at http://www.regulations.gov at Docket
Division E, Title VII, of the Consolidated and No. FWS–R1–ES–2015–0125; from the
Further Continuing Appropriations Act, 2015 Fish and Wildlife Service Pacific Islands Fish and Wildlife
(Pub. L. 113–235) and its successor
provisions in subsequent appropriations acts
Office’s Web site (http://www.fws.gov/
(and as extended in continuing resolutions),
50 CFR Part 17 pacificislands); or by contacting the
Government agencies are not permitted to [Docket No. FWS–R1–ES–2015–0125; Pacific Islands Fish and Wildlife Office
use appropriated (or otherwise made 4500030113] directly (see FOR FURTHER INFORMATION
available) funds for contracts with an entity CONTACT).
that requires employees or subcontractors of RIN 1018–BB07 Comment Submission: You may
such entity seeking to report waste, fraud, or submit comments by one of the
abuse to sign internal confidentiality Endangered and Threatened Wildlife
following methods:
agreements or statements prohibiting or and Plants; Endangered Status for 49
otherwise restricting such employees or (1) Electronically: Go to the Federal
Species From the Hawaiian Islands
subcontractors from lawfully reporting such eRulemaking Portal: http://
waste, fraud, or abuse to a designated AGENCY: Fish and Wildlife Service, www.regulations.gov. In the Search box,
investigative or law enforcement Interior. enter FWS–R1–ES–2015–0125, which is
representative of a Federal department or ACTION: Proposed rule; reopening of the docket number for this action. You
agency authorized to receive such may submit a comment by clicking on
information.
comment period, and announcement of
public information meeting and hearing. ‘‘Comment Now!’’
(2) The prohibition in paragraph (r)(1) of
this provision does not contravene
(2) By hard copy: Submit comments
requirements applicable to Standard Form SUMMARY: We, the U.S. Fish and on the proposed listing rule by U.S. mail
312 (Classified Information Nondisclosure Wildlife Service (Service), announce the or hand-delivery to: Public Comments
Agreement), Form 4414 (Sensitive reopening of the comment period on our Processing, Attn: FWS–R1–ES–2015–
Compartmented Information Nondisclosure September 30, 2015, proposed rule to 0125; Division of Policy, Performance,
Agreement), or any other form issued by a list 49 species from the Hawaiian and Management Programs; U.S. Fish
Federal department or agency governing the Islands, including the Hawaiian distinct and Wildlife Service, MS: BPHC; 5275
nondisclosure of classified information. population segment of the band-rumped Leesburg Pike; Falls Church, VA 22041–
(3) Representation. By submission of its
offer, the Offeror represents that it does not
storm-petrel (Oceanodroma castro), the 3803.
require employees or subcontractors of such orangeblack Hawaiian damselfly (3) At the public hearing: Interested
entity seeking to report waste, fraud, or abuse (Megalagrion xanthomelas), the parties may provide oral or written
to sign or comply with internal anchialine pool shrimp (Procaris comments at the public hearing.
confidentiality agreements or statements hawaiana), seven yellow-faced bees We request that you provide
prohibiting or otherwise restricting such (Hylaeus anthracinus, H. assimulans, H. comments only by the methods
employees or subcontractors from lawfully facilis, H. hilaris, H. kuakea, H. described above. We will post all
reporting such waste, fraud, or abuse to a
longiceps, and H. mana), and 39 comments on http://
designated investigative or law enforcement
representative of a Federal department or endemic plant species, as endangered www.regulations.gov. This generally
agency authorized to receive such species under the Endangered Species means that we will post any personal
information. Act of 1973, as amended (Act). We now information you provide us (see the
(End of provision) reopen the public comment period on PUBLIC COMMENTS section, below, for
the proposed rule for an additional 30 more information).
■ 8. Amend section 52.212–5, as
days and announce a public information Public Information Meeting and
amended at 80 FR 75907 (December 4,
meeting and public hearing on the Public Hearing: The public information
2015), effective February 26, 2016, by—
■ a. Revising the date of the clause;
proposed rule. We are reopening the meeting and public hearing will be held
■ b. Redesignating paragraphs (a)(1) public comment period and holding a at Aunty Sally Kaleohano’s Luau Hale,
through (3) as paragraphs (a)(2) through public hearing to allow all interested 799 Piilani Street, Hilo, HI 96720.
(4), respectively; and parties an additional opportunity to FOR FURTHER INFORMATION CONTACT:
■ c. Adding new paragraph (a)(1). comment on the proposed rule. Mary Abrams, Field Supervisor, Pacific
The revised and added text reads as DATES: Written Comments: We will Islands Fish and Wildlife Office, 300
follows: consider comments received or Ala Moana Boulevard, Honolulu, HI
postmarked on or before February 22, 96850; by telephone at 808–792–9400;
52.212–5 Contract Terms and Conditions
2016 or at the public hearing. Please or by facsimile at 808–792–9581.
Required To Implement Statutes or
Executive Orders—Commercial Items. note comments submitted electronically Persons who use a telecommunications
using the Federal eRulemaking Portal device for the deaf (TDD) may call the
* * * * * (see ADDRESSES, below) must be Federal Information Relay Service
Contract Terms and Conditions Required To received by 11:59 p.m. Eastern Time on (FIRS) at 800–877–8339.
Implement Statutes or Executive Orders— the closing date. Any comments that we SUPPLEMENTARY INFORMATION:
Commercial Items (Date) receive after the closing date may not be
(a) * * * considered in the final decision on these Public Comments
(1) 52.203–YY, Prohibition on Contracting actions. On September 30, 2015, we published
with Entities that Require Certain Internal Public Information Meeting and in the Federal Register a proposed rule
Confidentiality Agreements (DATE) (section Public Hearing: We will hold a public
743 of Division E, Title VII, of the to list 49 species from the Hawaiian
wgreen on DSK2VPTVN1PROD with PROPOSALS
Consolidated and Further Continuing
information meeting, followed by a Islands as endangered species (80 FR
Appropriations Act, 2015 (Pub. L. 113–235) public hearing, on Tuesday, February 9, 58820). We accepted public comments
and its successor provisions in subsequent 2016. The public information meeting on the proposed rule for 60 days, ending
appropriations acts (and as extended in will be held from 5:00 p.m. to 6:00 p.m., November 30, 2015. During the
continuing resolutions)). and the public hearing will be held from comment period, we received a request
* * * * * 6:00 p.m. to 8:00 p.m. to hold a public hearing and to extend
[FR Doc. 2016–01050 Filed 1–21–16; 8:45 am] ADDRESSES: Document Availability: You the public comment period on the
BILLING CODE 6820–EP–P may obtain copies of the proposed rule proposed rule. In order to ensure that
VerDate Sep<11>2014 14:28 Jan 21, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\22JAP1.SGM 22JAP1](https://thefederalregister.org/doc/81_FR_3777/page/5.svg)
Document Created: 2016-01-22 01:16:57
Document Modified: 2016-01-22 01:16:57
| 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 | Interested parties should submit written comments to the | |
| Contact | Ms. Cecelia L. Davis, Procurement Analyst, at 202-219-0202 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAR Case 2015-012. | |
| FR Citation | 81 FR 3763 | |
| RIN Number | 9000-AN04 | |
| CFR Citation | 48
CFR
3 48 CFR 4 48 CFR 52 |
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