82 FR 58350 - Department of State Acquisition Regulation; Technical Amendment

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 237 (December 12, 2017)

Page Range		58350-58351
FR Document		2017-26712

The Department of State (DOS) is amending the Department of State Acquisition Regulation (DOSAR) to add notice that the Department has an agreement with the Defense Contract Audit Agency, and to provide a procedural correction.

Federal Register, Volume 82 Issue 237 (Tuesday, December 12, 2017)

[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58350-58351]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26712]


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DEPARTMENT OF STATE

48 CFR Parts 604 and 642

[Public Notice 9777]
RIN 1400-AE06


Department of State Acquisition Regulation; Technical Amendment

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State (DOS) is amending the Department of 
State Acquisition Regulation (DOSAR) to add notice that the Department 
has an agreement with the Defense Contract Audit Agency, and to provide 
a procedural correction.

DATES: This final rule is effective on January 11, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Colleen Kosar, Policy Division, 
Office of the Procurement Executive, A/OPE, 2201 C Street NW, Suite 
1060, State Annex Number 15, Washington, DC 20520. Telephone: 703-516-
1685. email: [email protected].

SUPPLEMENTARY INFORMATION: This document adds a new subpart 642.1, 
including section 642.101(b), to provide notice of the Department's 
agreement with the Defense Contract Audit Agency on the conduct of 
incurred cost audits for the Department's cost-reimbursement contracts. 
In addition, part 604 is amended to specify the office through which 
audits are coordinated, from the Office of the Inspector General to the 
Audit Team in the Office of Acquisitions Management's Quality Assurance 
Branch.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a final rule, as a rule 
of agency procedure or practice.

Regulatory Flexibility, Unfunded Mandates, SBREFA

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rule will not have a significant 
economic impact on a substantial number of small entities. This 
determination was based on the fact that the amendment in this rule 
will not have any cost or administrative impact on offerors or 
contractors. This rule will not result in the expenditure by State, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100 million or more in any year and it will not

[[Page 58351]]

significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Act of 1995. Finally, this rule is not a major rule as defined 
by the Small Business Regulatory Enforcement Act of 1996 (5 U.S.C. 801 
et seq.).

Executive Orders 12866, 13563 and 13771

    The Department of State does not consider this rule to be an 
``economically significant'' regulatory action under E.O. 12866. The 
Department has reviewed the regulation to ensure its consistency with 
the regulatory philosophy and principles set forth in Executive Orders 
12866 and 13563 and finds that the benefits of updating this rule 
outweigh any costs, which the Department assesses to be minimal. This 
final rule is not subject to the requirements of Executive Order 13771 
because this final rule is related to agency organization, management 
or personnel, and has been determined to be non-significant within the 
meaning of Executive Order 12866.

Executive Orders 13132 and 13175

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. The Department has determined that this 
rulemaking will not have tribal implications, will not impose 
substantial direct compliance costs on Indian tribal governments, and 
will not pre-empt tribal law.

Paperwork Reduction Act

    The rule imposes no new or revised information collections under 
the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

List of Subjects in 48 CFR Parts 604 and 642

    Government procurement.

    For the reasons stated in the preamble, the Department of State 
amends 48 CFR chapter 6 as follows:


0
1. The authority citation for 48 CFR parts 604 and 642 continues to 
read as follows:

    Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 
1.

PART 604--ADMINISTRATIVE MATTERS

0
2. Amend section 604.804-70 by revising the second sentence of 
paragraph (d)(3) to read as follows:


604.804-70   Contract closeout procedures.

* * * * *
    (d) * * *
    (3) * * * Requests for audits, normally by the Defense Contract 
Audit Agency (DCAA) in accordance with the agreement DOS has with DCAA 
to conduct incurred cost audits, shall be submitted through the A/LM/
AQM/BOD/QA Audit Team (see 642.101(b)). * * *
* * * * *

PART 642--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
3. Add subpart 642.1, consisting of section 642.101, to read as 
follows:

Subpart 642.1--Contract Audit Services


642.101   Contract audit responsibilities.

    (b) The Department has an interagency agreement with the Defense 
Contract Audit Agency (DCAA) to perform incurred cost audits on cost-
reimbursement contracts. DCAA audits are requested through the A/LM/
AQM/BOD/QA Audit Team.

Eric N. Moore,
Procurement Executive (Acting), Department of State.
[FR Doc. 2017-26712 Filed 12-11-17; 8:45 am]
 BILLING CODE 4710-24-P

58350 Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations

National Environmental Policy Act of in plain and clear language so that it can DEPARTMENT OF STATE
1969 (5 U.S.C. 804) be used and understood by the public,
The final rule will not have the NEA has modeled the language of 48 CFR Parts 604 and 642
significant effect on the human this rule on the Federal Plain Language [Public Notice 9777]
environment. Guidelines.
RIN 1400–AE06
Small Business Regulatory Enforcement Public Participation
Fairness Act of 1996 (Sec. 804, Pub. L. Department of State Acquisition
104–121) The NEA has written this final rule in Regulation; Technical Amendment
compliance with E.O. 13563 by ensuring
This final rule would not be a major AGENCY: Department of State.
its accessibility, consistency, simplicity
rule as defined in section 804 of the
of language, and overall ACTION: Final rule.
Small Business Regulatory Enforcement
Fairness Act of 1996. This final rule will comprehensibility. In addition, the
public participation goals of this order SUMMARY: The Department of State
not result in an annual effect on the (DOS) is amending the Department of
economy of $100,000,000 or more, a are also satisfied by the NEA’s
participation in a process in which its State Acquisition Regulation (DOSAR)
major increase in costs or prices, to add notice that the Department has an
significant adverse effects on views and information are made public
agreement with the Defense Contract
competition, employment, investment, to the extent feasible, and before any
Audit Agency, and to provide a
productivity, innovation, or on the decisions are actually made. This will procedural correction.
ability of United States-based allow the public the opportunity to react
DATES: This final rule is effective on
companies to compete with foreign to the comments, arguments, and
January 11, 2018.
based companies in domestic and information of others during the
export markets. rulemaking process. The NEA initiates FOR FURTHER INFORMATION CONTACT: Ms.
its participation in an open exchange by Colleen Kosar, Policy Division, Office of
E-Government Act of 2002 (44 U.S.C. the Procurement Executive, A/OPE,
3504) posting the regulation and its
rulemaking docket on https:// 2201 C Street NW, Suite 1060, State
Section 206 of the E-Government Act Annex Number 15, Washington, DC
www.regulations.gov.
requires agencies, to the extent 20520. Telephone: 703–516–1685.
practicable, to ensure that all Finally, Section 2 of E.O. 13563 email: KosarCM@state.gov.
information about that agency required directs agencies, where feasible and SUPPLEMENTARY INFORMATION: This
to be published in the Federal Register appropriate, to seek the views of those document adds a new subpart 642.1,
is also published on a publicly who are likely to be affected by including section 642.101(b), to provide
accessible Website. All information rulemaking. This provision emphasizes notice of the Department’s agreement
about the NEA required to be published the importance of prior consultation with the Defense Contract Audit Agency
in the Federal Register may be accessed with ‘‘those who are likely to benefit on the conduct of incurred cost audits
at www.arts.gov. This Act also requires from and those who are potentially for the Department’s cost-
agencies to accept public comments on subject to such rulemaking.’’ One goal is reimbursement contracts. In addition,
their rules ‘‘by electronic means.’’ See to solicit ideas about alternatives, part 604 is amended to specify the office
heading ‘‘Public Participation’’ for relevant costs and benefits (both through which audits are coordinated,
directions on electronic submission of quantitative and qualitative), and from the Office of the Inspector General
public comments on this final rule. potential flexibilities. The NEA reaches to the Audit Team in the Office of
Finally, the E-Government Act Acquisitions Management’s Quality
out to interested and affected parties by
requires, to the extent practicable, that Assurance Branch.
agencies ensure that a publicly soliciting comments.
accessible Federal Government Website List of Subjects in 45 CFR Parts 1149 Regulatory Findings
contains electronic dockets for and 1158 Administrative Procedure Act
rulemakings under the Administrative
Procedure Act of 1946 (5 U.S.C. 551 et Administrative practice and The Department is publishing this
seq.). Under this Act, an electronic procedure, Government contracts, Grant rule as a final rule, as a rule of agency
docket consists of all submissions under programs, Loan programs, Lobbying, procedure or practice.
section 553(c) of title 5, United States Penalties. Regulatory Flexibility, Unfunded
Code; and all other materials that by Mandates, SBREFA
agency rule or practice are included in ■ For the reasons stated in the preamble,
the rulemaking docket under section the interim rule amending 45 CFR parts The Department of State, in
553(c) of title 5, United States Code, 1149 and 1158 which was published at accordance with the Regulatory
whether or not submitted electronically. 82 FR 27431 on June 15, 2017 is Flexibility Act (5 U.S.C. 605(b)), has
The Website https:// adopted as final without change. reviewed this regulation and, by
www.regulations.gov contains electronic approving it, certifies that this rule will
Dated: December 7, 2017.
dockets for the NEA’s rulemakings not have a significant economic impact
Jillian Miller, on a substantial number of small
under the Administrative Procedure Act
of 1946. Director of Guidelines and Panel Operations, entities. This determination was based
Administrative Services, National on the fact that the amendment in this
Plain Writing Act of 2010 (5 U.S.C. 301) Endowment for the Arts. rule will not have any cost or
ethrower on DSK3G9T082PROD with RULES

Under this Act, the term ‘‘plain [FR Doc. 2017–26733 Filed 12–11–17; 8:45 am] administrative impact on offerors or
writing’’ means writing that is clear, BILLING CODE P contractors. This rule will not result in
concise, well-organized, and follows the expenditure by State, local, and
other best practices appropriate to the tribal governments, in the aggregate, or
subject or field and intended audience. by the private sector, of $100 million or
To ensure that this rule has been written more in any year and it will not

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Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations 58351

significantly or uniquely affect small 604.804–70 Contract closeout procedures. Procurement Executive, A/OPE, 2201 C
governments. Therefore, no actions were * * * * * Street NW, Suite 1060, State Annex
deemed necessary under the provisions (d) * * * Number 15, Washington, DC 20520.
of the Unfunded Mandates Act of 1995. (3) * * * Requests for audits, • Persons with access to the internet
Finally, this rule is not a major rule as normally by the Defense Contract Audit may view this interim rule and submit
defined by the Small Business Agency (DCAA) in accordance with the comments by visiting: http://
Regulatory Enforcement Act of 1996 (5 agreement DOS has with DCAA to www.regulations.gov, and searching for
U.S.C. 801 et seq.). conduct incurred cost audits, shall be docket number DOS–2017–0007.
submitted through the A/LM/AQM/ FOR FURTHER INFORMATION CONTACT: Ms.
Executive Orders 12866, 13563 and
BOD/QA Audit Team (see Colleen Kosar, Policy Division, Office of
13771
642.101(b)). * * * the Procurement Executive, A/OPE,
The Department of State does not * * * * * 2201 C Street NW, Suite 1060, State
consider this rule to be an Annex Number 15, Washington, DC
‘‘economically significant’’ regulatory PART 642—CONTRACT 20520. Telephone 703–516–1685.
action under E.O. 12866. The ADMINISTRATION AND AUDIT SUPPLEMENTARY INFORMATION: The
Department has reviewed the regulation SERVICES purpose of this interim rule is to update
to ensure its consistency with the
■ 3. Add subpart 642.1, consisting of 48 CFR part 636, section 636.513,
regulatory philosophy and principles set
section 642.101, to read as follows: Accident Prevention; 48 CFR part 637;
forth in Executive Orders 12866 and
and 48 CFR part 652, section 652.236–
13563 and finds that the benefits of
Subpart 642.1—Contract Audit 70, Accident Prevention. The
updating this rule outweigh any costs,
Services Department of State (DOS) is rescinding
which the Department assesses to be
the class deviation that authorized the
minimal. This final rule is not subject to 642.101 Contract audit responsibilities. substitution of DOSAR 652.236–70,
the requirements of Executive Order (b) The Department has an Accident Prevention, for FAR 52.236–13
13771 because this final rule is related interagency agreement with the Defense Accident Prevention, thus reinstating
to agency organization, management or Contract Audit Agency (DCAA) to the requirement for use of FAR 52.236–
personnel, and has been determined to perform incurred cost audits on cost- 13. Additionally, a new clause,
be non-significant within the meaning reimbursement contracts. DCAA audits ‘‘Additional Safety Measures,’’ is added
of Executive Order 12866. are requested through the A/LM/AQM/ to replace DOSAR 652.236–70.
Executive Orders 13132 and 13175 BOD/QA Audit Team. Specifically, the interim rule:
This rule will not have substantial Eric N. Moore,
• Amends section 636.513 to reinstate
direct effects on the States, on the the use of FAR 52.236–13, Accident
Procurement Executive (Acting), Department
relationship between the national of State.
Prevention, together with its Alternate I,
government and the States, or on the and to prescribe the use of DOSAR
[FR Doc. 2017–26712 Filed 12–11–17; 8:45 am]
distribution of power and clause 652.236–70, Additional Safety
BILLING CODE 4710–24–P
responsibilities among the various Measures.
• Amends part 637, to add a new
levels of government. The Department
section 637.102–71 to provide a cross-
has determined that this rulemaking DEPARTMENT OF STATE
reference to 636.513 for services
will not have tribal implications, will
48 CFR Parts 636, 637, and 652 contracts.
not impose substantial direct • Amend section 652.236–70 to
compliance costs on Indian tribal [Public Notice 9703] replace the current clause (‘‘Accident
governments, and will not pre-empt Prevention’’) with a new clause
tribal law. RIN 1400–AE04
(‘‘Additional Safety Measures’’).
Paperwork Reduction Act Department of State Acquisition The Department has determined to issue
The rule imposes no new or revised Regulation an interim final rule due to the
information collections under the AGENCY: Department of State. overriding importance of the safety of
Paperwork Reduction Act of 1995 (44 individuals associated with overseas
ACTION: Interim final rule.
U.S.C. Chapter 35). DOS construction and services projects.
SUMMARY: The Department of State Regulatory Findings
List of Subjects in 48 CFR Parts 604 and (DOS) is amending the Department of
642 State Acquisition Regulation (DOSAR) Administrative Procedure Act
Government procurement. to provide new guidance prescribing In accordance with 5 U.S.C. 553(a)(2),
For the reasons stated in the more stringent safety requirements for which exempts from the Administrative
preamble, the Department of State certain overseas construction and Procedure Act matters relating to
amends 48 CFR chapter 6 as follows: services projects. contracts, the Department is publishing
■ 1. The authority citation for 48 CFR DATES: Effective Date: This interim rule this rulemaking as an interim final rule,
parts 604 and 642 continues to read as is effective on January 11, 2018. but is inviting public comment.
follows: Comment Date: The Department of
State will accept comments on this Regulatory Flexibility Act
Authority: 22 U.S.C. 2651a, 40 U.S.C. This rulemaking is not a ‘‘rule’’ as
interim rule until February 12, 2018.
121(c) and 48 CFR chapter 1.
defined by the Regulatory Flexibility
ethrower on DSK3G9T082PROD with RULES

ADDRESSES: You may submit comments
PART 604—ADMINISTRATIVE by any of the following methods: Act (5 U.S.C. 601 et seq.; therefore, that
MATTERS • Email: KosarCM@state.gov. You Act does not apply to it. However, the
must include the RIN 1400–AE04 in the Department of State has reviewed this
■ 2. Amend section 604.804–70 by subject line of your message. regulation and, by approving it, certifies
revising the second sentence of • Mail (paper only): Ms. Colleen that it will not have a significant
paragraph (d)(3) to read as follows: Kosar, Policy Division, Office of the economic impact on a substantial

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Document Created: 2018-10-25 10:48:44
Document Modified: 2018-10-25 10:48:44

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		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on January 11, 2018.
Contact		Ms. Colleen Kosar, Policy Division, Office of the Procurement Executive, A/OPE, 2201 C Street NW, Suite 1060, State Annex Number 15, Washington, DC 20520. Telephone: 703-516- 1685. email: [email protected]
FR Citation		82 FR 58350
RIN Number		1400-AE06
CFR Citation		48 CFR 604 48 CFR 642