83 FR 24887 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision “Representation Regarding Combating Trafficking in Persons” (DFARS Case 2018-D003)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 83, Issue 104 (May 30, 2018)
Defense Acquisition Regulations System
Federal Register Volume 83, Issue 104 (May 30, 2018)
| Page Range | 24887-24888 | |
| FR Document | 2018-11340 |
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)] [Rules and Regulations] [Pages 24887-24888] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11340] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 204, 212, 222, and 252 [Docket DARS-2018-0016] RIN 0750-AJ67 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision ``Representation Regarding Combating Trafficking in Persons'' (DFARS Case 2018-D003) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a provision that is no longer necessary and duplicative of an existing Federal Acquisition Regulation (FAR) clause. DATES: Effective May 30, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372- 6093. SUPPLEMENTARY INFORMATION: I. Background DoD is amending the DFARS to remove the DFARS provision 252.222- 7007, Representation Regarding Combating Trafficking in Persons, the associated provision prescription at DFARS 222.1771, and cross references to the provision at DFARS 204.1202 and 212.301. The DFARS provision notified offerors that, by submitting their offer to the Government, they certify that they will not engage in trafficking in persons in performance of the contract, will have policies in place to protect the rights of its employees, and have notified employees and subcontractors of their responsibility to report trafficking in persons violations and their protection from reprisal for reporting any such violation. However, the United States Government has laws that prohibit trafficking in persons at 22 U.S.C. chapter 78 and Executive Order 13627, Strengthening Protections Against Trafficking in Persons in Federal Contracts. In addition, FAR clause, 52.222-50, Combating Trafficking in Persons, provides comprehensive guidance to contractors to ensure their compliance with the Government's laws and policies on trafficking in persons when performing under a Federal contract. Specifically, the FAR clause prohibits contractors from engaging in trafficking in persons during the performance of the contract, requires contractors to notify its employees and subcontractors of the Government's policy on trafficking in persons, and requires the contractor to have a compliance plan in place to ensure agreement with Federal law and policy. The purpose of the DFARS provision was to simply affirm that the contractor will comply with Federal trafficking in persons laws and policies. The provision contained no guidance or policy unique to DoD. As such, this DFARS provision is unnecessary and can be removed. The removal of this DFARS text supports a recommendation from the DoD Regulatory Reform Task Force. On February 24, 2017, the President signed Executive Order (E.O.) 13777, ``Enforcing the Regulatory Reform Agenda,'' which established a Federal policy ``to alleviate unnecessary regulatory burdens'' on the American people. In accordance with E.O. 13777, DoD established a Regulatory Reform Task Force to review and validate DoD regulations, including the DFARS. A public notice of the establishment of the DFARS Subgroup to the DoD Regulatory Reform Task Force, for the purpose of reviewing DFARS provisions and clauses, was published in the Federal Register at 82 FR 35741 on August 1, 2017, and requested public input. Two public comments were received on this provision. Both comments recommended elimination of the provision, as it is unnecessary. Subsequently, the DoD Task Force reviewed the requirements of DFARS provision 252.222-7007, Representation Regarding Combating Trafficking in Persons, and determined that the DFARS coverage was unnecessary and recommended removal. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items This rule does not add any new provisions or clauses or impact existing provisions or clauses. The rule merely removes DFARS provision 252.222-7007, Representation Regarding Combating Trafficking in Persons that is redundant to FAR clause, 52.222-50, Combating Trafficking in Persons. III. Publication of This Final Rule for Public Comment is not Required by Statute The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is the Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because DoD is not issuing a new regulation; rather, this rule merely removes an obsolete provision from the DFARS. IV. Executive Orders 12866 and 13563 Executive Order (E.O.) 12866, Regulatory Planning and Review; and E.O. 13563, Improving Regulation and Regulatory Review, 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 [[Page 24888]] equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget, Office of Information and Regulatory Affairs (OIRA), has determined that this is not a significant regulatory action as defined under section 3(f) of E.O. 12866 and, therefore, was not subject to review under section 6(b). This rule is not a major rule as defined at 5 U.S.C. 804(2). V. Exe This rule is not an E.O. 13771, Reducing and Controlling Regulatory Costs, regulatory action, because this rule is not significant under E.O. 12866.cutive Order 13771 This rule is not an E.O. 13771, Reducting and Controlling Regulatory Costs, regulatory action, because this rule is not significant under EO 12866. VI. Regulatory Flexibility Act Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. VII. 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 Parts 204, 212, 222, and 252 Government procurement. Amy G. Williams, Deputy, Defense Acquisition Regulations System. PART 204--ADMINISTRATIVE MATTERS Therefore, 48 CFR parts 204, 212, 222, and 252 are amended as follows: 0 1. The authority citation for parts 204, 212, 222, and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 204--ADMINISTRATIVE MATTERS 204.1202 [Amended] 0 2. Amend section 204.1202 by-- 0 a. Removing paragraph (2)(iv); and 0 b. Redesignating paragraphs (2)(v) through (xiv) as paragraphs (iv) through (xiii), respectively. PART 212--ACQUISITION OF COMMERCIAL ITEMS 212.301 [Amended] 0 3. Amend section 212.301 by-- 0 a. Removing paragraph (f)(viii); and 0 b. Redesignating paragraphs (f)(ix) through (xx) as paragraphs (f)(viii) through (xix), respectively. PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 222.1771 [Removed] 0 4. Remove section 222.1771. PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.222-7007 [Removed] 0 5. Remove section 252.222-7007. [FR Doc. 2018-11340 Filed 5-29-18; 8:45 am] BILLING CODE 5001-06-P
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PART 204—ADMINISTRATIVE SUPPLEMENTARY INFORMATION: reviewing DFARS provisions and
MATTERS clauses, was published in the Federal
I. Background
Register at 82 FR 35741 on August 1,
■ 2. Revise section 204.7109 to read as DoD is amending the DFARS to 2017, and requested public input. Two
follows: remove the DFARS provision 252.222– public comments were received on this
7007, Representation Regarding provision. Both comments
204.7109 Contract clause. Combating Trafficking in Persons, the recommended elimination of the
Use the clause at 252.204–7006, associated provision prescription at provision, as it is unnecessary.
Billing Instructions, in solicitations and DFARS 222.1771, and cross references Subsequently, the DoD Task Force
contracts if Section G includes— to the provision at DFARS 204.1202 and reviewed the requirements of DFARS
(a) Any of the standard payment 212.301. The DFARS provision notified provision 252.222–7007, Representation
instructions at PGI 204.7108)(d)(1) offerors that, by submitting their offer to Regarding Combating Trafficking in
through (6); or the Government, they certify that they
(b) Other payment instructions, in Persons, and determined that the
will not engage in trafficking in persons DFARS coverage was unnecessary and
accordance with PGI 204.7108(d)(12), in performance of the contract, will
that require contractor identification of recommended removal.
have policies in place to protect the
the contract line item(s) on the payment rights of its employees, and have II. Applicability to Contracts at or
request. notified employees and subcontractors Below the Simplified Acquisition
of their responsibility to report Threshold and for Commercial Items,
PART 212—ACQUISITION OF Including Commercially Available Off-
COMMERCIAL ITEMS trafficking in persons violations and
their protection from reprisal for the-Shelf Items
212.301 [Amended] reporting any such violation. This rule does not add any new
■ 3. Amend section 212.301 by— However, the United States provisions or clauses or impact existing
■ a. Removing paragraph (f)(ii)(C); and Government has laws that prohibit provisions or clauses. The rule merely
■ b. Redesignating paragraphs (f)(ii)(D) trafficking in persons at 22 U.S.C. removes DFARS provision 252.222–
through (G) as paragraphs (f)(ii)(C) chapter 78 and Executive Order 13627, 7007, Representation Regarding
through (F), respectively. Strengthening Protections Against Combating Trafficking in Persons that is
Trafficking in Persons in Federal redundant to FAR clause, 52.222–50,
PART 252—SOLICITATION Contracts. In addition, FAR clause, Combating Trafficking in Persons.
PROVISIONS AND CONTRACT 52.222–50, Combating Trafficking in
Persons, provides comprehensive III. Publication of This Final Rule for
CLAUSES
guidance to contractors to ensure their Public Comment is not Required by
252.204–7011 [Removed and Reserved] compliance with the Government’s laws Statute
■ 4. Remove and reserve section and policies on trafficking in persons The statute that applies to the
252.204–7011. when performing under a Federal publication of the Federal Acquisition
[FR Doc. 2018–11339 Filed 5–29–18; 8:45 am] contract. Specifically, the FAR clause Regulation (FAR) is the Office of Federal
BILLING CODE 5001–06–P prohibits contractors from engaging in Procurement Policy statute (codified at
trafficking in persons during the title 41 of the United States Code).
performance of the contract, requires Specifically, 41 U.S.C. 1707(a)(1)
DEPARTMENT OF DEFENSE contractors to notify its employees and requires that a procurement policy,
subcontractors of the Government’s regulation, procedure or form (including
Defense Acquisition Regulations policy on trafficking in persons, and an amendment or modification thereof)
System requires the contractor to have a must be published for public comment
compliance plan in place to ensure if it relates to the expenditure of
48 CFR Parts 204, 212, 222, and 252 agreement with Federal law and policy. appropriated funds, and has either a
[Docket DARS–2018–0016] The purpose of the DFARS provision significant effect beyond the internal
was to simply affirm that the contractor operating procedures of the agency
RIN 0750–AJ67 will comply with Federal trafficking in issuing the policy, regulation,
Defense Federal Acquisition persons laws and policies. The procedure, or form, or has a significant
Regulation Supplement: Repeal of provision contained no guidance or cost or administrative impact on
DFARS Provision ‘‘Representation policy unique to DoD. As such, this contractors or offerors. This final rule is
Regarding Combating Trafficking in DFARS provision is unnecessary and not required to be published for public
Persons’’ (DFARS Case 2018–D003) can be removed. comment, because DoD is not issuing a
The removal of this DFARS text new regulation; rather, this rule merely
AGENCY: Defense Acquisition supports a recommendation from the removes an obsolete provision from the
Regulations System, Department of DoD Regulatory Reform Task Force. On DFARS.
Defense (DoD). February 24, 2017, the President signed
Executive Order (E.O.) 13777, IV. Executive Orders 12866 and 13563
ACTION: Final rule.
‘‘Enforcing the Regulatory Reform Executive Order (E.O.) 12866,
SUMMARY: DoD is issuing a final rule Agenda,’’ which established a Federal Regulatory Planning and Review; and
amending the Defense Federal policy ‘‘to alleviate unnecessary E.O. 13563, Improving Regulation and
Acquisition Regulation Supplement regulatory burdens’’ on the American Regulatory Review, direct agencies to
sradovich on DSK3GMQ082PROD with RULES2
(DFARS) to remove a provision that is people. In accordance with E.O. 13777, assess all costs and benefits of available
no longer necessary and duplicative of DoD established a Regulatory Reform regulatory alternatives and, if regulation
an existing Federal Acquisition Task Force to review and validate DoD is necessary, to select regulatory
Regulation (FAR) clause. regulations, including the DFARS. A approaches that maximize net benefits
DATES: Effective May 30, 2018. public notice of the establishment of the (including potential economic,
FOR FURTHER INFORMATION CONTACT: Ms. DFARS Subgroup to the DoD Regulatory environmental, public health and safety
Carrie Moore, telephone 571–372–6093. Reform Task Force, for the purpose of effects, distributive impacts, and
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![24888 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations
equity). E.O. 13563 emphasizes the ■ b. Redesignating paragraphs (2)(v) FOR FURTHER INFORMATION CONTACT: Ms.
importance of quantifying both costs through (xiv) as paragraphs (iv) through Amy Williams, telephone 571–372–
and benefits, of reducing costs, of (xiii), respectively. 6106.
harmonizing rules, and of promoting SUPPLEMENTARY INFORMATION:
flexibility. The Office of Management PART 212—ACQUISITION OF
and Budget, Office of Information and COMMERCIAL ITEMS I. Background
Regulatory Affairs (OIRA), has 212.301 [Amended] Sections 816 and 164 of the National
determined that this is not a significant Defense Authorization Act (NDAA) for
regulatory action as defined under ■ 3. Amend section 212.301 by—
Fiscal Year (FY) 2018 (Pub. L. 115–91)
section 3(f) of E.O. 12866 and, therefore, ■ a. Removing paragraph (f)(viii); and
add new special emergency
was not subject to review under section ■ b. Redesignating paragraphs (f)(ix)
procurement authorities to include
6(b). This rule is not a major rule as through (xx) as paragraphs (f)(viii)
acquisitions, as determined by the head
defined at 5 U.S.C. 804(2). through (xix), respectively.
of the agency, that facilitate defense
V. Exe This rule is not an E.O. 13771, PART 222—APPLICATION OF LABOR against or recovery from cyber attack;
Reducing and Controlling Regulatory LAWS TO GOVERNMENT facilitate the provision of international
Costs, regulatory action, because this ACQUISITIONS disaster assistance; or support response
rule is not significant under E.O. to an emergency or major disaster.
12866.cutive Order 13771 222.1771 [Removed] These sections 816 and 1641 are being
■ 4. Remove section 222.1771. implemented in the Federal Acquisition
This rule is not an E.O. 13771,
Regulation (FAR) under FAR Case
Reducting and Controlling Regulatory
PART 252—SOLICITATION 2018–009.
Costs, regulatory action, because this
PROVISIONS AND CONTRACT Prior to this final rule, DFARS
rule is not significant under EO 12866.
CLAUSES 218.271 delegated to the head of the
VI. Regulatory Flexibility Act contracting activity the determination
252.222–7007 [Removed] authority for application of the
Because a notice of proposed
rulemaking and an opportunity for ■ 5. Remove section 252.222–7007. previously existing special emergency
public comment are not required to be [FR Doc. 2018–11340 Filed 5–29–18; 8:45 am] procurement authorities (support of a
given for this rule under 41 U.S.C. BILLING CODE 5001–06–P
contingency operation or to facilitate
1707(a)(1) (see section III. of this defense against or recovery from
preamble), the analytical requirements nuclear, biological, chemical, or
of the Regulatory Flexibility Act (5 DEPARTMENT OF DEFENSE radiological attack). In addition, the
U.S.C. 601 et seq.) are not applicable. DFARS has provided nonstatutory
Accordingly, no regulatory flexibility Defense Acquisition Regulations emergency acquisition flexibilities
analysis is required and none has been System relating to item-unique identification,
prepared. receipt of only one offer, and limitations
48 CFR Parts 211, 215, 216, 218, and on time-and-materials contracts in
VII. Paperwork Reduction Act 225 circumstances similar to, but somewhat
The rule does not contain any more expansive than those covered by
information collection requirements that [Docket DARS–2018–0026] the statutory special emergency
require the approval of the Office of procurement authorities.
Management and Budget under the RIN 0750–AJ86 II. Discussion and Analysis
Paperwork Reduction Act (44 U.S.C.
chapter 35). Defense Federal Acquisition This final rule delegates authority to
Regulation Supplement: Delegation of the head of the contracting activity at
List of Subjects in 48 CFR Parts 204, DFARS 218.271 (redesignated 218.270)
Special Emergency Procurement
212, 222, and 252 whatever special procurement
Authority (DFARS Case 2018–D024)
Government procurement. authorities are specified in the FAR.
AGENCY: Defense Acquisition This final rule also makes conforming
Amy G. Williams, Regulations System, Department of changes to nonstatutory emergency
Deputy, Defense Acquisition Regulations Defense (DoD). acquisition flexibilities relating to item-
System. unique identification (DFARS 211.274–
ACTION: Final rule.
PART 204—ADMINISTRATIVE 2(b)(1)), receipt of only one offer
SUMMARY: DoD is amending the Defense (DFARS 215.371–4(a)(2)), and
MATTERS Federal Acquisition Regulation limitations on time-and-materials
Therefore, 48 CFR parts 204, 212, 222, Supplement (DFARS) to delegate to the contracts (DFARS 216.601(d)(i)(A)(3))
and 252 are amended as follows: head of the contracting activity the and the associated references in part
■ 1. The authority citation for parts 204, decision authorities provided to the 218.
212, 222, and 252 continues to read as head of the agency by sections of the However, this final rule does not
follows: National Defense Authorization Act for provide an exception at DFARS
Fiscal Year 2018 that provide new 211.274–2(b)(1) to the requirement for
Authority: 41 U.S.C. 1303 and 48 CFR special emergency procurement item unique identification, for
sradovich on DSK3GMQ082PROD with RULES2
chapter 1.
authorities. This final rule also makes acquisitions that facilitate defense
PART 204—ADMINISTRATIVE conforming changes to nonstatutory against or recovery from cyber attack,
MATTERS emergency acquisition flexibilities because one of the reasons for use of
relating to item-unique identification, item-unique identification is to ensure
204.1202 [Amended] receipt of only one offer, and limitations item-level traceability throughout the
■ 2. Amend section 204.1202 by— on time-and-materials contracts. lifecycle to enhance cyber security
■ a. Removing paragraph (2)(iv); and DATES: Effective May 30, 2018. (DFARS 211.274–1(e)). Therefore, in
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Document Created: 2018-05-30 01:02:22
Document Modified: 2018-05-30 01:02:22
| 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 | Effective May 30, 2018. | |
| Contact | Ms. Carrie Moore, telephone 571-372- 6093. | |
| FR Citation | 83 FR 24887 | |
| RIN Number | 0750-AJ67 | |
| CFR Citation | 48
CFR
204 48 CFR 212 48 CFR 222 48 CFR 252 |
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