Defense Federal Acquisition Regulation Supplement: Further Implementation of Trafficking in Persons Policy (DFARS Case 2013-D007), 4999-5001 [2015-01431]
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Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations
under OMB Clearance Number 0704–
0460, entitled Synchronized
Predeployment and Operational Tracker
(SPOT) System.
List of Subjects in 48 CFR Parts 212,
225, and 252
Government procurement.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. In section 212.301, redesignate
paragraphs (f)(viii)(X) through (AA) as
paragraphs (f)(viii)(Y) through (BB) and
add a new paragraph (f)(viii)(X) to read
as follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(viii) * * *
(X) Use the clause at 252.225–7039,
Defense Contractors Performing Private
Security Functions Outside the United
States, as prescribed in 225.302–6, to
comply with section 2 of Pub. L. 110–
181, as amended.
*
*
*
*
*
PART 225—FOREIGN ACQUISITION
3. Add sections 225.302 and 225.302–
6 to subpart 225.3 to read as follows:
■
225.302 Contractors performing private
security functions outside the United
States.
tkelley on DSK3SPTVN1PROD with RULES3
Contract clause.
Use the clause at 252.225–7039,
Defense Contractors Performing Private
Security Functions Outside the United
States, in solicitations and contracts,
including solicitations and contracts
using FAR part 12 procedures for the
acquisition of commercial items, when
private security functions are to be
performed outside the United States
in—
(1) Contingency operations;
(2) Combat operations, as designated
by the Secretary of Defense;
(3) Other significant military
operations (as defined in 32 CFR part
159), designated by the Secretary of
Defense, and only upon agreement of
the Secretary of Defense and the
Secretary of State;
19:10 Jan 28, 2015
Jkt 235001
252.225–7039 Defense Contractors
Performing Private Security Functions
Outside the United States.
As prescribed in 225.302–6, insert the
following clause:
DEFENSE CONTRACTORS
PERFORMING PRIVATE SECURITY
FUNCTIONS OUTSIDE THE UNITED
STATES (JAN 2015)
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
VerDate Sep<11>2014
4. Add section 252.225–7039 to read
as follows:
■
Therefore, 48 CFR parts 212, 225, and
252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 212, 225, and 252 continues to
read as follows:
225.302–6
(4) Peace operations, consistent with
Joint Publication 3–07.3; or
(5) Other military operations or
military exercises, when designated by
the Combatant Commander.
(a) Requirements. The Contractor
shall—
(1) Register in the Synchronized
Predeployment and Operational Tracker
(SPOT)—
(i) Weapons to be carried by or
available to be used by personnel
performing private security functions;
and
(ii) Armored vehicles, helicopters,
and other vehicles operated by
personnel performing private security
functions; and
(2) Comply with ANSI/ASIS PSC.1–
2012, American National Standard,
Management System for Quality of
Private Security Company Operations—
Requirements with Guidance (located at
www.acq.osd.mil/log/PS/p_vault/item_
1997–PSC_1_STD.PDF).
(b) Subcontracts. The Contractor shall
include the substance of this clause,
including this paragraph (b), in
subcontracts, including subcontracts for
commercial items, when private
security functions will be performed
outside the United States in areas of—
(1) Contingency operations;
(2) Combat operations, as designated
by the Secretary of Defense;
(3) Other significant military
operations (as defined in 32 CFR part
159), designated by the Secretary of
Defense upon agreement of the
Secretary of State;
(4) Peace operations, consistent with
Joint Publication 3–07.3; or
(5) Other military operations or
military exercises, when designated by
the Combatant Commander.
(End of clause)
[FR Doc. 2015–01433 Filed 1–28–15; 8:45 am]
BILLING CODE 5001–06–P
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4999
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 203, 204, 212, 222, and
252
RIN 0750–AH93
Defense Federal Acquisition
Regulation Supplement: Further
Implementation of Trafficking in
Persons Policy (DFARS Case 2013–
D007)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to further implement DoD
trafficking in persons policy, and to
supplement Governmentwide changes
proposed in connection with Executive
Order 13627, to improve awareness,
compliance, and enforcement.
DATES: Effective January 29, 2015.
FOR FURTHER INFORMATION CONTACT:
Amy Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The United States Government’s
longstanding policy prohibiting human
trafficking in Federal supply chains is
codified in Governmentwide acquisition
regulations at FAR subpart 22.17. DoD
is strengthening its policies and
practices to ensure that no taxpayer
resources are used to support such
egregious labor violations. DoD has
identified a number of important
supplementary actions to help eradicate
trafficking in its own supply chain. The
DFARS coverage ensures that employees
of DoD contractors are fully aware of
their labor rights and that they have a
means of reporting suspected labor
violations directly to the DoD Inspector
General’s office. These added
protections will further improve
stability, productivity, and certainty in
the contingency operations that DoD
supports, and they will ensure that DoD
contractors do not benefit from the use
of coerced labor.
DoD published a proposed rule in the
Federal Register at 78 FR 59325 on
September 26, 2013, to further
implement DoD trafficking in persons
policies to improve awareness,
compliance, and enforcement. Two
respondents submitted public
comments in response to the proposed
rule.
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29JAR3
5000
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations
II. Discussion and Analysis
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments follows:
A. Summary of Significant Changes
From the Proposed Rule
There were no changes from the
proposed rule as a result of public
comments. One minor editorial change
was made to the title of the new
provision 252.222–7007, Representation
Regarding Combating Trafficking in
Persons, to use the word ‘‘regarding’’ in
lieu of ‘‘with regard to.’’
B. Analysis of Public Comments
Comment: Both respondents
commended the drafters of the proposed
rule. One respondent expressed
appreciation that the drafters listened to
stakeholder organizations that offered
comments at the public meeting on
ending trafficking in persons earlier in
2013. The other respondent stated that
the proposed rule goes a significant way
towards implementing the requirements
of Executive Order 13627 and title XVII
of the National Defense Authorization
Act for FY 2013. The respondents did
not suggest any changes to the DFARS
proposed rule.
Response: Noted.
tkelley on DSK3SPTVN1PROD with RULES3
III. 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 a significant
regulatory action and, therefore, was
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.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows:
This rule amends the Defense Federal
Acquisition Regulations Supplement
(DFARS) to improve awareness,
compliance, and enforcement of DoD
policies on combating trafficking in
persons. This rule requires the display
of hotline posters on combating
trafficking in persons and whistleblower
VerDate Sep<11>2014
19:10 Jan 28, 2015
Jkt 235001
protection for contracts and
subcontracts, not for the acquisition of
commercial items, that exceed $5
million (for performance both inside
and outside the United States), display
of a contractor employee bill of rights
when the contract includes the DFARS
clause 252.225–7040, Contractor
Personnel Supporting U.S. Armed
Forces Deployed Outside the United
States, and a representation regarding
hiring policies that is required in all
DoD solicitations and contracts that
exceed the simplified acquisition
threshold.
There were no public comments in
response to the Initial Regulatory
Flexibility Analysis.
About 58,000 small entities do
business with DoD. The mandatory
disclosure requirements and the hotline
poster requirements only apply to small
business concerns with DoD contracts or
subcontracts, not for the acquisition of
commercial items, that exceed $5
million. The representation regarding
hiring practices applies to all small
business concerns (and all other
businesses) that respond to solicitations
with an estimated value exceeding the
simplified acquisition threshold. The
requirement to display the contractor
employee bill of rights only applies to
contracts with contractor personnel
supporting U.S. Armed Forces deployed
outside the United States in contingency
operations, humanitarian or
peacekeeping operations, or other
military operations or exercises, when
designated by the combatant
commander. None of these requirements
is expected to impose a significant
economic burden on small business
concerns.
There are no information collection
requirements in this rule. This rule
adopts dollar thresholds wherever
possible and limits certain requirements
to contracts where contractor personnel
support U.S. Armed Forces deployed
outside the United States. There were
no additional alternatives identified that
could further decrease the impact on
small entities.
List of Subjects in 48 CFR Parts 203,
204, 212, 222, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 203, 204, 212,
222, and 252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 203, 204, 212, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 203—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
2. In section 203.1004, paragraph
(b)(2)(ii) is revised to read as follows:
■
203.1004
Contract clauses.
*
*
*
*
*
(b)(2)(ii) Unless the contract is for the
acquisition of a commercial item, use
the clause at 252.203–7004, Display of
Hotline Posters, in lieu of the clause at
FAR 52.203–14, Display of Hotline
Poster(s), in solicitations and contracts,
if the contract value exceeds $5 million.
If the Department of Homeland Security
(DHS) provides disaster relief funds for
the contract, DHS will provide
information on how to obtain and
display the DHS fraud hotline poster
(see FAR 3.1003).
PART 204—ADMINISTRATIVE
MATTERS
204.1202
[Amended]
3. In section 204.1202, redesignate
paragraphs (2)(iv) through (xiii) as
paragraphs (2)(v) through (xiv),
respectively, and add a new paragraph
(2)(iv) as follows:
204.1202 Solicitation provision.
*
*
*
*
*
(2) * * *
(iv) 252.222–7007, Representation
Regarding Combating Trafficking in
Persons.
*
*
*
*
*
■
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
4. In section 212.301, redesignate
paragraphs (f)(vii) through (f)(xvii) as
paragraphs (f)(viii) through (xviii),
respectively, and add a new paragraph
(f)(vii) to read as follows:
■
V. 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).
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Fmt 4701
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212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(vii) Part 222—Application of Labor
Laws to Government Acquisitions. Use
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29JAR3
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations
the provision at 252.222–7007,
Representation Regarding Combating
Trafficking in Persons, as prescribed in
222.1771.
*
*
*
*
*
PART 222—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
5. The authority citation for 48 CFR
part 222 is revised to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
6. Add sections 222.1770 and
222.1771 to subpart 222.17 to read as
follows:
■
222.1770
Procedures.
For a sample checklist for auditing
compliance with Combating Trafficking
in Persons policy, see the Defense
Contract Management Agency checklist,
Afghanistan Universal Examination
Record Combating Trafficking in
Persons, available at DFARS Procedures
Guidance and Information 222.17.
222.1771
Solicitation provision.
Unless the solicitation includes the
provision at 252.204–7007, use the
provision at 252.222–7007,
Representation Regarding Combating
Trafficking in Persons, in all
solicitations and contracts that exceed
the simplified acquisition threshold,
including solicitations and contracts
using FAR part 12 procedures for the
acquisition of commercial items.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
7. Section 252.203–7004 is revised to
read as follows:
■
252.203–7004
Display of Hotline Posters.
tkelley on DSK3SPTVN1PROD with RULES3
As prescribed in 203.1004(b)(2)(ii),
use the following clause:
DISPLAY OF HOTLINE POSTERS (JAN
2015)
(a) Definition. United States, as used in this
clause, means the 50 States, the District of
Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). (1)
The Contractor shall display prominently the
DoD fraud hotline poster, prepared by the
DoD Office of the Inspector General, in
common work areas within business
segments performing work in the United
States under Department of Defense (DoD)
contracts.
(2) If the contract is funded, in whole or
in part, by Department of Homeland Security
(DHS) disaster relief funds, the DHS fraud
hotline poster shall be displayed in addition
to the DoD fraud hotline poster. If a display
of a DHS fraud hotline poster is required, the
Contractor may obtain such poster from:
VerDate Sep<11>2014
19:10 Jan 28, 2015
Jkt 235001
5001
llllllllll
[Contracting Officer shall insert the
appropriate DHS contact information or Web
site.]
(c) Display of combating trafficking in
persons and whistleblower protection hotline
posters. The Contractor shall display
prominently the DoD Combating Trafficking
in Persons and Whistleblower Protection
hotline posters, prepared by the DoD Office
of the Inspector General, in common work
areas within business segments performing
work under DoD contracts.
(d)(1) These DoD hotline posters may be
obtained from: Defense Hotline, The
Pentagon, Washington, DC 20301–1900, or
are also available via the internet at https://
www.dodig.mil/hotline/hotline_posters.htm.
(2) If a significant portion of the employee
workforce does not speak English, then the
posters are to be displayed in the foreign
languages that a significant portion of the
employees speak. Contact the DoD Inspector
General at the address provided in paragraph
(d)(1) of this clause if there is a requirement
for employees to be notified of this clause
and assistance with translation is required.
(3) Additionally, if the Contractor
maintains a company Web site as a method
of providing information to employees, the
Contractor shall display an electronic version
of these required posters at the Web site.
(e) Subcontracts. The Contractor shall
include the substance of this clause,
including this paragraph (e), in all
subcontracts that exceed $5 million except
when the subcontract is for the acquisition of
a commercial item.
REPRESENTATION REGARDING
COMBATING TRAFFICKING IN PERSONS
(JAN 2015)
(End of clause)
*
8. Section 252.204–7007 is amended
by—
■ a. Removing the provision date ‘‘(DEC
2014)’’ and adding ‘‘(JAN 2015)’’ in its
place; and
■ b. Redesignating paragraphs (d)(1)(iii)
through (vii) as paragraphs (d)(1)(iv)
through (viii), respectively, and adding
a new paragraph (d)(1)(iii).
The addition reads as follows:
■
252.204–7007 Alternate A, Annual
Representations and Certifications.
*
*
*
*
*
(d)(1) * * *
(iii) 252.222–7007, Representation
Regarding Combating Trafficking in
Persons, as prescribed in 222.1771.
Applies to solicitations with a value
expected to exceed the simplified
acquisition threshold.
*
*
*
*
*
9. Add new section 252.222–7007 to
read as follows:
■
252.222–7007 Representation Regarding
Combating Trafficking in Persons.
As prescribed in 222.1771, use the
following provision:
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Fmt 4701
Sfmt 9990
By submission of its offer, the Offeror
represents that it—
(a) Will not engage in any trafficking in
persons or related activities, including but
not limited to the use of forced labor, in the
performance of this contract;
(b) Has hiring and subcontracting policies
to protect the rights of its employees and the
rights of subcontractor employees and will
comply with those policies in the
performance of this contract; and
(c) Has notified its employees and
subcontractors of—
(1) The responsibility to report trafficking
in persons violations by the Contractor,
Contractor employees, or subcontractor
employees, at any tier; and
(2) Employee protection under 10 U.S.C.
2409, as implemented in DFARS subpart
203.9, from reprisal for whistleblowing on
trafficking in persons violations.
(End of provision)
10. Section 252.225–7040 is amended
by—
■ a. Removing the clause date ‘‘(MAY
2014)’’ and adding ‘‘(JAN 2015)’’ in its
place; and
■ b. Adding paragraph (d)(8).
The addition reads as follows:
■
252.225–7040 Contractor Personnel
Supporting U.S. Armed Forces Deployed
Outside the United States.
*
*
*
*
(d) * * *
(8)(i) The Contractor shall ensure that
Contractor employees supporting the U.S.
Armed Forces are aware of their rights to—
(A) Hold their own identity or immigration
documents, such as passport or driver’s
license, regardless of the documents’ issuing
authority;
(B) Receive agreed upon wages on time;
(C) Take lunch and work-breaks;
(D) Elect to terminate employment at any
time;
(E) Identify grievances without fear of
reprisal;
(F) Have a copy of their employment
contract in a language they understand;
(G) Receive wages that are not below the
legal host-country minimum wage;
(H) Be notified of their rights, wages, and
prohibited activities prior to signing their
employment contract; and
(I) If housing is provided, live in housing
that meets host-country housing and safety
standards.
(ii) The Contractor shall post these rights
in employee work spaces in English and in
any foreign language(s) spoken by a
significant portion of the workforce.
(iii) The Contractor shall enforce the rights
of Contractor personnel supporting the U.S.
Armed Forces.
*
*
*
*
*
[FR Doc. 2015–01431 Filed 1–28–15; 8:45 am]
BILLING CODE 5001–06–P
E:\FR\FM\29JAR3.SGM
29JAR3
]]>Agencies
[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4999-5001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01431]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 203, 204, 212, 222, and 252
RIN 0750-AH93
Defense Federal Acquisition Regulation Supplement: Further
Implementation of Trafficking in Persons Policy (DFARS Case 2013-D007)
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 further implement DoD
trafficking in persons policy, and to supplement Governmentwide changes
proposed in connection with Executive Order 13627, to improve
awareness, compliance, and enforcement.
DATES: Effective January 29, 2015.
FOR FURTHER INFORMATION CONTACT: Amy Williams, telephone 571-372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
The United States Government's longstanding policy prohibiting
human trafficking in Federal supply chains is codified in
Governmentwide acquisition regulations at FAR subpart 22.17. DoD is
strengthening its policies and practices to ensure that no taxpayer
resources are used to support such egregious labor violations. DoD has
identified a number of important supplementary actions to help
eradicate trafficking in its own supply chain. The DFARS coverage
ensures that employees of DoD contractors are fully aware of their
labor rights and that they have a means of reporting suspected labor
violations directly to the DoD Inspector General's office. These added
protections will further improve stability, productivity, and certainty
in the contingency operations that DoD supports, and they will ensure
that DoD contractors do not benefit from the use of coerced labor.
DoD published a proposed rule in the Federal Register at 78 FR
59325 on September 26, 2013, to further implement DoD trafficking in
persons policies to improve awareness, compliance, and enforcement. Two
respondents submitted public comments in response to the proposed rule.
[[Page 5000]]
II. Discussion and Analysis
DoD reviewed the public comments in the development of the final
rule. A discussion of the comments follows:
A. Summary of Significant Changes From the Proposed Rule
There were no changes from the proposed rule as a result of public
comments. One minor editorial change was made to the title of the new
provision 252.222-7007, Representation Regarding Combating Trafficking
in Persons, to use the word ``regarding'' in lieu of ``with regard
to.''
B. Analysis of Public Comments
Comment: Both respondents commended the drafters of the proposed
rule. One respondent expressed appreciation that the drafters listened
to stakeholder organizations that offered comments at the public
meeting on ending trafficking in persons earlier in 2013. The other
respondent stated that the proposed rule goes a significant way towards
implementing the requirements of Executive Order 13627 and title XVII
of the National Defense Authorization Act for FY 2013. The respondents
did not suggest any changes to the DFARS proposed rule.
Response: Noted.
III. 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 a significant regulatory action and, therefore, was 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.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
and is summarized as follows:
This rule amends the Defense Federal Acquisition Regulations
Supplement (DFARS) to improve awareness, compliance, and enforcement of
DoD policies on combating trafficking in persons. This rule requires
the display of hotline posters on combating trafficking in persons and
whistleblower protection for contracts and subcontracts, not for the
acquisition of commercial items, that exceed $5 million (for
performance both inside and outside the United States), display of a
contractor employee bill of rights when the contract includes the DFARS
clause 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces
Deployed Outside the United States, and a representation regarding
hiring policies that is required in all DoD solicitations and contracts
that exceed the simplified acquisition threshold.
There were no public comments in response to the Initial Regulatory
Flexibility Analysis.
About 58,000 small entities do business with DoD. The mandatory
disclosure requirements and the hotline poster requirements only apply
to small business concerns with DoD contracts or subcontracts, not for
the acquisition of commercial items, that exceed $5 million. The
representation regarding hiring practices applies to all small business
concerns (and all other businesses) that respond to solicitations with
an estimated value exceeding the simplified acquisition threshold. The
requirement to display the contractor employee bill of rights only
applies to contracts with contractor personnel supporting U.S. Armed
Forces deployed outside the United States in contingency operations,
humanitarian or peacekeeping operations, or other military operations
or exercises, when designated by the combatant commander. None of these
requirements is expected to impose a significant economic burden on
small business concerns.
There are no information collection requirements in this rule. This
rule adopts dollar thresholds wherever possible and limits certain
requirements to contracts where contractor personnel support U.S. Armed
Forces deployed outside the United States. There were no additional
alternatives identified that could further decrease the impact on small
entities.
V. 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 203, 204, 212, 222, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 203, 204, 212, 222, and 252 are amended as
follows:
0
1. The authority citation for 48 CFR parts 203, 204, 212, and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
2. In section 203.1004, paragraph (b)(2)(ii) is revised to read as
follows:
203.1004 Contract clauses.
* * * * *
(b)(2)(ii) Unless the contract is for the acquisition of a
commercial item, use the clause at 252.203-7004, Display of Hotline
Posters, in lieu of the clause at FAR 52.203-14, Display of Hotline
Poster(s), in solicitations and contracts, if the contract value
exceeds $5 million. If the Department of Homeland Security (DHS)
provides disaster relief funds for the contract, DHS will provide
information on how to obtain and display the DHS fraud hotline poster
(see FAR 3.1003).
PART 204--ADMINISTRATIVE MATTERS
204.1202 [Amended]
0
3. In section 204.1202, redesignate paragraphs (2)(iv) through (xiii)
as paragraphs (2)(v) through (xiv), respectively, and add a new
paragraph (2)(iv) as follows:
204.1202 Solicitation provision.
* * * * *
(2) * * *
(iv) 252.222-7007, Representation Regarding Combating Trafficking
in Persons.
* * * * *
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
4. In section 212.301, redesignate paragraphs (f)(vii) through
(f)(xvii) as paragraphs (f)(viii) through (xviii), respectively, and
add a new paragraph (f)(vii) to read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(vii) Part 222--Application of Labor Laws to Government
Acquisitions. Use
[[Page 5001]]
the provision at 252.222-7007, Representation Regarding Combating
Trafficking in Persons, as prescribed in 222.1771.
* * * * *
PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
5. The authority citation for 48 CFR part 222 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
6. Add sections 222.1770 and 222.1771 to subpart 222.17 to read as
follows:
222.1770 Procedures.
For a sample checklist for auditing compliance with Combating
Trafficking in Persons policy, see the Defense Contract Management
Agency checklist, Afghanistan Universal Examination Record Combating
Trafficking in Persons, available at DFARS Procedures Guidance and
Information 222.17.
222.1771 Solicitation provision.
Unless the solicitation includes the provision at 252.204-7007, use
the provision at 252.222-7007, Representation Regarding Combating
Trafficking in Persons, in all solicitations and contracts that exceed
the simplified acquisition threshold, including solicitations and
contracts using FAR part 12 procedures for the acquisition of
commercial items.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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7. Section 252.203-7004 is revised to read as follows:
252.203-7004 Display of Hotline Posters.
As prescribed in 203.1004(b)(2)(ii), use the following clause:
DISPLAY OF HOTLINE POSTERS (JAN 2015)
(a) Definition. United States, as used in this clause, means the
50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). (1) The Contractor shall
display prominently the DoD fraud hotline poster, prepared by the
DoD Office of the Inspector General, in common work areas within
business segments performing work in the United States under
Department of Defense (DoD) contracts.
(2) If the contract is funded, in whole or in part, by
Department of Homeland Security (DHS) disaster relief funds, the DHS
fraud hotline poster shall be displayed in addition to the DoD fraud
hotline poster. If a display of a DHS fraud hotline poster is
required, the Contractor may obtain such poster from:
__________
[Contracting Officer shall insert the appropriate DHS contact
information or Web site.]
(c) Display of combating trafficking in persons and
whistleblower protection hotline posters. The Contractor shall
display prominently the DoD Combating Trafficking in Persons and
Whistleblower Protection hotline posters, prepared by the DoD Office
of the Inspector General, in common work areas within business
segments performing work under DoD contracts.
(d)(1) These DoD hotline posters may be obtained from: Defense
Hotline, The Pentagon, Washington, DC 20301-1900, or are also
available via the internet at https://www.dodig.mil/hotline/hotline_posters.htm.
(2) If a significant portion of the employee workforce does not
speak English, then the posters are to be displayed in the foreign
languages that a significant portion of the employees speak. Contact
the DoD Inspector General at the address provided in paragraph
(d)(1) of this clause if there is a requirement for employees to be
notified of this clause and assistance with translation is required.
(3) Additionally, if the Contractor maintains a company Web site
as a method of providing information to employees, the Contractor
shall display an electronic version of these required posters at the
Web site.
(e) Subcontracts. The Contractor shall include the substance of
this clause, including this paragraph (e), in all subcontracts that
exceed $5 million except when the subcontract is for the acquisition
of a commercial item.
(End of clause)
0
8. Section 252.204-7007 is amended by--
0
a. Removing the provision date ``(DEC 2014)'' and adding ``(JAN 2015)''
in its place; and
0
b. Redesignating paragraphs (d)(1)(iii) through (vii) as paragraphs
(d)(1)(iv) through (viii), respectively, and adding a new paragraph
(d)(1)(iii).
The addition reads as follows:
252.204-7007 Alternate A, Annual Representations and Certifications.
* * * * *
(d)(1) * * *
(iii) 252.222-7007, Representation Regarding Combating Trafficking
in Persons, as prescribed in 222.1771. Applies to solicitations with a
value expected to exceed the simplified acquisition threshold.
* * * * *
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9. Add new section 252.222-7007 to read as follows:
252.222-7007 Representation Regarding Combating Trafficking in
Persons.
As prescribed in 222.1771, use the following provision:
REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)
By submission of its offer, the Offeror represents that it--
(a) Will not engage in any trafficking in persons or related
activities, including but not limited to the use of forced labor, in
the performance of this contract;
(b) Has hiring and subcontracting policies to protect the rights
of its employees and the rights of subcontractor employees and will
comply with those policies in the performance of this contract; and
(c) Has notified its employees and subcontractors of--
(1) The responsibility to report trafficking in persons
violations by the Contractor, Contractor employees, or subcontractor
employees, at any tier; and
(2) Employee protection under 10 U.S.C. 2409, as implemented in
DFARS subpart 203.9, from reprisal for whistleblowing on trafficking
in persons violations.
(End of provision)
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10. Section 252.225-7040 is amended by--
0
a. Removing the clause date ``(MAY 2014)'' and adding ``(JAN 2015)'' in
its place; and
0
b. Adding paragraph (d)(8).
The addition reads as follows:
252.225-7040 Contractor Personnel Supporting U.S. Armed Forces
Deployed Outside the United States.
* * * * *
(d) * * *
(8)(i) The Contractor shall ensure that Contractor employees
supporting the U.S. Armed Forces are aware of their rights to--
(A) Hold their own identity or immigration documents, such as
passport or driver's license, regardless of the documents' issuing
authority;
(B) Receive agreed upon wages on time;
(C) Take lunch and work-breaks;
(D) Elect to terminate employment at any time;
(E) Identify grievances without fear of reprisal;
(F) Have a copy of their employment contract in a language they
understand;
(G) Receive wages that are not below the legal host-country
minimum wage;
(H) Be notified of their rights, wages, and prohibited
activities prior to signing their employment contract; and
(I) If housing is provided, live in housing that meets host-
country housing and safety standards.
(ii) The Contractor shall post these rights in employee work
spaces in English and in any foreign language(s) spoken by a
significant portion of the workforce.
(iii) The Contractor shall enforce the rights of Contractor
personnel supporting the U.S. Armed Forces.
* * * * *
[FR Doc. 2015-01431 Filed 1-28-15; 8:45 am]
BILLING CODE 5001-06-P
