Federal Acquisition Regulation; Defense Base Act, 31201-31203 [2014-12406]
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Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations
The specifics of the statutory requirement
do not allow for alternative implementation
strategies.
Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat. The Regulatory Secretariat
has submitted a copy of the FRFA to the
Chief Counsel for Advocacy of the Small
Business Administration.
V. Paperwork Reduction Act
This rule affects the information
collection requirements in the
provisions at FAR subpart 42.15,
currently approved under OMB Control
Number 9000–0142, entitled ‘‘Past
Performance Information,’’ in the
amount of 1,200,000 hours, in
accordance with the Paperwork
Reduction Act (44 U.S.C. chapter 35).
This rule would shorten the contractors’
response time, but it would not expand
the reporting requirement. Therefore,
the impact is considered negligible
because contractors are already allowed
to submit comments, rebutting
statements, or additional information
regarding agency evaluations of their
performance. The number of contractors
providing comments will be unaffected
by this rule. Further, the type of
information provided is not impacted by
this proposed rule.
electronically in the CPARS at https://
www.cpars.gov. These evaluations,
including any contractor-submitted
information (with indication whether
agency review is pending), are
automatically transmitted to PPIRS at
https://www.ppirs.gov not later than 14
days after the date on which the
contractor is notified of the evaluation’s
availability for comment. The
Government shall update PPIRS with
any contractor comments provided after
14 days, as well as any subsequent
agency review of comments received.
Past performance evaluations for
classified contracts and special access
programs shall not be reported in
CPARS, but will be reported as stated in
this subpart and in accordance with
agency procedures. Agencies shall
ensure that appropriate management
and technical controls are in place to
ensure that only authorized personnel
have access to the data and the
information safeguarded in accordance
with 42.1503(d).
*
*
*
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[FR Doc. 2014–12407 Filed 5–29–14; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
List of Subjects in 48 CFR Part 42
Government procurement.
GENERAL SERVICES
ADMINISTRATION
Dated: May 22, 2014.
William Clark,
Acting Director, Office of Government-wide
Acquisition Policy, Office of Governmentwide Policy.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 52
[FAC 2005–74; FAR Case 2012–016; Item
V; Docket No. 2012–0016, Sequence No. 1]
Therefore, DoD, GSA, and NASA
amend 48 CFR part 42 as set forth
below:
RIN 9000–AM50
Federal Acquisition Regulation;
Defense Base Act
PART 42—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
1. The authority citation for 48 CFR
part 42 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
2. Amend section 42.1503 by revising
the third sentence in paragraph (d); and
paragraph (f) to read as follows:
■
42.1503
Procedures.
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*
*
*
*
*
(d) * * * Contractors shall be
afforded up to 14 calendar days from the
date of notification of availability of the
past performance evaluation to submit
comments, rebutting statements, or
additional information. * * *
*
*
*
*
*
(f) Agencies shall prepare and submit
all past performance evaluations
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DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
clarify contractor and subcontractor
responsibilities to obtain workers’
compensation insurance or to qualify as
a self-insurer, and other requirements,
under the terms of the Longshore and
Harbor Workers’ Compensation Act
(LHWCA) as extended by the Defense
Base Act (DBA).
DATES: Effective: July 1, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward N. Chambers, Procurement
Analyst, at 202–501–3221 for
SUMMARY:
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31201
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAC 2005–74, FAR Case 2012–016.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
78 FR 17176 on March 20, 2013, to
make the necessary regulatory revisions
to revise the FAR to clarify contractor
and subcontractor responsibilities to
obtain workers’ compensation insurance
or to qualify as a self-insurer, and other
requirements, under the terms of the
LHWCA, 33 U.S.C. 901, et seq., as
extended by the DBA, 42 U.S.C. 1651,
et seq. Three respondents submitted
comments on the proposed rule.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the comments in the
development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments are provided as
follows:
A. Summary of Significant Changes
This final rule includes one change to
align the FAR with Department of
Labor’s (DOL) regulations and
implementation of section 30(a) of the
LHWCA. This change involves deleting
proposed paragraph (b) of FAR clause
52.228–3, which stated that the actions
set forth under paragraphs (a)(2) through
(a)(8) may be performed by the
contractor’s agent or insurance carrier.
The DOL’s regulations place the
responsibility for reporting injuries on
the employer, see 20 CFR 703.115. The
removal of proposed FAR 52.228–3
paragraph (b) also promotes consistency
with the statutory requirements.
B. Analysis of Public Comments
1. Support of the Proposed Rule
Comment: Two respondents
expressed support for the rule.
Response: The public’s support for
this rule is acknowledged.
2. Clarify Term ‘‘Days’’
Comment: One respondent
recommends that the ten-day reporting
period within the report of injury
requirements set forth in proposed FAR
52.228–3 paragraph (a)(2) should be
revised to read ‘‘ten business days.’’ The
respondent asserts this modification
will clarify the reporting period.
Response: The intent of this rule is to
alert contractors to their obligations
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Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations
under the LHWCA, rather than to alter
those obligations. The respondent’s
suggested revisions could result in
altering a contractor’s obligations and
therefore are beyond the scope of the
FAR rule. The DOL’s regulation
interprets the ten-day injury reporting
period set forth in LHWCA section
30(a), 33 U.S.C. 930(a), as ten calendar
days. See 20 CFR 702.201(a) (using
unqualified term ‘‘days’’ to describe
reporting period). Thus, adding
‘‘business’’ days would alter the intent
of the law.
3. Inclusion of ‘‘Work-Related’’
Terminology
Comment: The respondent states that
the terms injury and death should be
modified by adding the phrase ‘‘workrelated’’ before both. The respondent
asserts that this modification will serve
to clarify a contractor’s obligation.
Response: The Councils do not
recommend adding the phrase ‘‘workrelated’’ to the terms ‘‘injury’’ and
‘‘death.’’ The added phrase is not
necessary as the LHWCA defines an
injury in 33 U.S.C. 902(2) and the
concept of work-relatedness is
subsumed in the term ‘‘injury.’’
Moreover, the question whether a
particular injury is work-related is often
a difficult issue to resolve, and a
contractor may not be able to decide
whether a particular injury arose out of
and in the course of employment within
the meaning of the statute. By leaving
the terms ‘‘injury’’ and ‘‘death’’
unqualified, contractors will be
encouraged to err on the side of
reporting any incident that may be
work-related.
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4. Inclusion of ‘‘Actual’’ Terminology
Comment: One respondent suggests
that the provision should specify that
the contractor’s ‘‘actual/constructive’’
knowledge of the injury triggers the
reporting period. The respondent
recommends this revision to further
clarify a contractor’s obligation.
Response: DOL’s governing rules use
the unqualified term ‘‘knowledge of an
employee’s injury or death’’ when
describing the event that triggers the
reporting period. This FAR rule simply
tracks that language.
5. Conflicts With Current Practice
Comment: One respondent states that
FAR 52.228–3 paragraph (b), which
allows the contractor’s agent or
insurance carrier to submit the first
report of injury referenced in paragraph
(a)(2), is inconsistent with section 30(a)
of the LHWCA, 33 U.S.C. 930(a), as
extended by the DBA, and the DOL’s
current practice. The respondent argues
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that it is inappropriate to redefine this
statutory provision through a FAR
clause. The respondent recommends the
proposed paragraph (b) should be
amended to conform to current practice
both under the DBA and LHWCA.
Response: The Councils concur with
the respondent. The intent of this FAR
rule is to clarify and inform contractors
of their obligations under the DBA and
the DOL’s regulations, not to alter those
requirements. Section 30(a) of the
LHWCA, as implemented by the DOL’s
regulations, places the responsibility for
reporting injuries on the employer. See
20 CFR 703.115. Accordingly, the
Councils are removing the proposed
FAR 52.228–3 paragraph (b) to promote
consistency with the statutes referenced
above.
6. Contractors Should Provide Insurance
Comment: One respondent states that
the contractors should have sufficient
insurance to be able to pay
compensation if an employee is injured.
Response: The Councils concur that
the views of this respondent are in
accord with the intent of the law, this
FAR rule, and the existing FAR clause
52.228–3.
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 not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared
a Final Regulatory Flexibility Analysis
(FRFA) consistent with the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. The
FRFA is summarized as follows:
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., because this rule merely
clarifies the existing prescriptions and
clauses relating to contractor and
subcontractor responsibilities to obtain
workers’ compensation insurance or to
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qualify as a self-insurer, and other
requirements, under the terms of the LHWCA
as extended by the DBA, and implemented in
DOL Regulations. No comments from small
entities were submitted in reference to the
Regulatory Flexibility Act request under the
proposed rule.
The rule imposes no reporting,
recordkeeping, or other information
collection requirements. The rule does not
duplicate, overlap, or conflict with any other
Federal rules, and there are no known
significant alternatives to the rule.
Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat. The FAR Secretariat has
submitted a copy of the FRFA to the
Chief Counsel for Advocacy of the Small
Business Administration.
V. Paperwork Reduction Act
The rule does not contain any new
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: May 22, 2014.
William Clark,
Acting Director, Office of Government-wide
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 52 as set forth
below:
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
1. The authority citation for 48 CFR
part 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.
2. Revise section 52.228–3 to read as
follows:
■
52.228–3 Workers’ Compensation
Insurance (Defense Base Act).
As prescribed in 28.309(a), insert the
following clause:
Workers’ Compensation Insurance
(Defense Base Act) (Jul 2014)
(a) The Contractor shall—
(1) Before commencing performance under
this contract, establish provisions to provide
for the payment of disability compensation
and medical benefits to covered employees
and death benefits to their eligible survivors,
by purchasing workers’ compensation
insurance or qualifying as a self-insurer
under the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 932) as
extended by the Defense Base Act (42 U.S.C.
1651, et seq.), and continue to maintain
provisions to provide such Defense Base Act
benefits until contract performance is
completed;
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30MYR2
Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations
(2) Within ten days of an employee’s injury
or death or from the date the Contractor has
knowledge of the injury or death, submit
Form LS–202 (Employee’s First Report of
Injury or Occupational Illness) to the
Department of Labor in accordance with the
Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 930(a), 20 CFR
702.201 to 702.203);
(3) Pay all compensation due for disability
or death within the time frames required by
the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 914, 20 CFR
702.231 and 703.232);
(4) Provide for medical care as required by
the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 907, 20 CFR
702.402 and 702.419);
(5) If controverting the right to
compensation, submit Form LS–207 (Notice
of Controversion of Right to Compensation)
to the Department of Labor in accordance
with the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 914(d), 20 CFR
702.251);
(6) Immediately upon making the first
payment of compensation in any case, submit
Form LS–206 (Payment Of Compensation
Without Award) to the Department of Labor
in accordance with the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C.
914(c), 20 CFR 702.234);
(7) When payments are suspended or when
making the final payment, submit Form LS–
208 (Notice of Final Payment or Suspension
of Compensation Payments) to the
Department of Labor in accordance with the
Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 914(c) and (g),
20 CFR 702.234 and 702.235); and
(8) Adhere to all other provisions of the
Longshore and Harbor Workers’
Compensation Act as extended by the
Defense Base Act, and Department of Labor
regulations at 20 CFR Parts 701 to 704.
(b) For additional information on the
Longshore and Harbor Workers’
Compensation Act requirements see https://
www.dol.gov/owcp/dlhwc/lsdba.htm.
(c) The Contractor shall insert the
substance of this clause, including this
paragraph (c), in all subcontracts to which
the Defense Base Act applies.
31203
and National Aeronautics and Space
Administration (NASA).
ACTION:
Small Entity Compliance Guide.
This document is issued
under the joint authority of DOD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
accordance with section 212 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. It consists of a
summary of the rules appearing in
Federal Acquisition Circular (FAC)
2005–74, which amends the Federal
Acquisition Regulation (FAR). An
asterisk (*) next to a rule indicates that
a regulatory flexibility analysis has been
prepared. Interested parties may obtain
further information regarding these
rules by referring to FAC 2005–74,
which precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
SUMMARY:
(End of clause)
[FR Doc. 2014–12406 Filed 5–29–14; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
DATES:
48 CFR Chapter 1
May 30, 2014.
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2005–74 and the
FAR case number. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755.
FOR FURTHER INFORMATION CONTACT:
[Docket No. FAR 2014–0052, Sequence No.
2]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–74;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
AGENCIES:
RULES LISTED IN FAC 2005–74
Item
Subject
*I ...................
*II ..................
*III .................
Commercial and Government Entity Code ..................................................
Repeal of the Recovery Act Reporting Requirements ................................
Expansion of Applicability of the Senior Executive Compensation Benchmark.
Contractor Comment Period, Past Performance Evaluations .....................
Defense Base Act ........................................................................................
*IV .................
*V ..................
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SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these rules, refer
to the specific item numbers and
subjects set forth in the documents
following these item summaries. FAC
2005–74 amends the FAR as specified
below:
Item I—Commercial and Government
Entity Code (FAR Case 2012–024)
This final rule adds subpart 4.18,
‘‘Commercial and Government Entity
Code,’’ and related provisions and
clauses, to the FAR. The new subpart
requires the use of Commercial and
Government Entity (CAGE) codes,
including North Atlantic Treaty
Organization (NATO) Cage (NCAGE)
codes for foreign entities, for awards
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Jkt 232001
FAR case
valued above the micro-purchase
threshold. The final rule also requires
offerors, if owned by another entity, to
identify that entity during System for
Award Management (SAM) registration.
The rule effective date is November 1,
2014.
Item II—Repeal of the Recovery Act
Reporting Requirements (FAR Case
2014–016)
This final rule adopts as final, with
changes, two interim rules published on
March 31, 2009, and July 2, 2010, under
FAR case numbers 2009–009 and 2010–
008. The interim rules amended the
FAR to implement reporting
requirements of the American Recovery
and Reinvestment Act in subpart 4.15,
42.15, and clause 52.204–11, American
Recovery and Reinvestment Act-
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Analyst
2012–024
2014–016
2012–017
Loeb.
Glover.
Chambers.
2012–028
2012–016
Glover.
Chambers.
Reporting Requirements. Future
reporting requirements after January 31,
2014, were repealed by section 627 of
Division E of the Consolidated
Appropriations Act, FY 2014 (Pub. L.
113–76). The reporting Web site has
closed for future reporting. This rule
does not change the reporting required
by the Federal Funding Accountability
and Transparency Act of 2006 (FFATA)
on existing contracts, as implemented in
FAR subpart 4.14 and clause 52.204–10,
Reporting Executive Compensation and
First-Tier Subcontract Awards.
Therefore, contractors and agencies are
still required to continue their FFATA
reporting on existing contracts, as
implemented in FAR subpart 4.14 and
clause 52.204–10, Reporting Executive
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30MYR2
]]>Agencies
[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Rules and Regulations]
[Pages 31201-31203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12406]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAC 2005-74; FAR Case 2012-016; Item V; Docket No. 2012-0016, Sequence
No. 1]
RIN 9000-AM50
Federal Acquisition Regulation; Defense Base Act
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to clarify contractor and
subcontractor responsibilities to obtain workers' compensation
insurance or to qualify as a self-insurer, and other requirements,
under the terms of the Longshore and Harbor Workers' Compensation Act
(LHWCA) as extended by the Defense Base Act (DBA).
DATES: Effective: July 1, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement
Analyst, at 202-501-3221 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-74, FAR Case 2012-
016.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 78 FR 17176 on March 20, 2013, to make the necessary
regulatory revisions to revise the FAR to clarify contractor and
subcontractor responsibilities to obtain workers' compensation
insurance or to qualify as a self-insurer, and other requirements,
under the terms of the LHWCA, 33 U.S.C. 901, et seq., as extended by
the DBA, 42 U.S.C. 1651, et seq. Three respondents submitted comments
on the proposed rule.
II. Discussion and Analysis
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the comments in the
development of the final rule. A discussion of the comments and the
changes made to the rule as a result of those comments are provided as
follows:
A. Summary of Significant Changes
This final rule includes one change to align the FAR with
Department of Labor's (DOL) regulations and implementation of section
30(a) of the LHWCA. This change involves deleting proposed paragraph
(b) of FAR clause 52.228-3, which stated that the actions set forth
under paragraphs (a)(2) through (a)(8) may be performed by the
contractor's agent or insurance carrier. The DOL's regulations place
the responsibility for reporting injuries on the employer, see 20 CFR
703.115. The removal of proposed FAR 52.228-3 paragraph (b) also
promotes consistency with the statutory requirements.
B. Analysis of Public Comments
1. Support of the Proposed Rule
Comment: Two respondents expressed support for the rule.
Response: The public's support for this rule is acknowledged.
2. Clarify Term ``Days''
Comment: One respondent recommends that the ten-day reporting
period within the report of injury requirements set forth in proposed
FAR 52.228-3 paragraph (a)(2) should be revised to read ``ten business
days.'' The respondent asserts this modification will clarify the
reporting period.
Response: The intent of this rule is to alert contractors to their
obligations
[[Page 31202]]
under the LHWCA, rather than to alter those obligations. The
respondent's suggested revisions could result in altering a
contractor's obligations and therefore are beyond the scope of the FAR
rule. The DOL's regulation interprets the ten-day injury reporting
period set forth in LHWCA section 30(a), 33 U.S.C. 930(a), as ten
calendar days. See 20 CFR 702.201(a) (using unqualified term ``days''
to describe reporting period). Thus, adding ``business'' days would
alter the intent of the law.
3. Inclusion of ``Work-Related'' Terminology
Comment: The respondent states that the terms injury and death
should be modified by adding the phrase ``work-related'' before both.
The respondent asserts that this modification will serve to clarify a
contractor's obligation.
Response: The Councils do not recommend adding the phrase ``work-
related'' to the terms ``injury'' and ``death.'' The added phrase is
not necessary as the LHWCA defines an injury in 33 U.S.C. 902(2) and
the concept of work-relatedness is subsumed in the term ``injury.''
Moreover, the question whether a particular injury is work-related is
often a difficult issue to resolve, and a contractor may not be able to
decide whether a particular injury arose out of and in the course of
employment within the meaning of the statute. By leaving the terms
``injury'' and ``death'' unqualified, contractors will be encouraged to
err on the side of reporting any incident that may be work-related.
4. Inclusion of ``Actual'' Terminology
Comment: One respondent suggests that the provision should specify
that the contractor's ``actual/constructive'' knowledge of the injury
triggers the reporting period. The respondent recommends this revision
to further clarify a contractor's obligation.
Response: DOL's governing rules use the unqualified term
``knowledge of an employee's injury or death'' when describing the
event that triggers the reporting period. This FAR rule simply tracks
that language.
5. Conflicts With Current Practice
Comment: One respondent states that FAR 52.228-3 paragraph (b),
which allows the contractor's agent or insurance carrier to submit the
first report of injury referenced in paragraph (a)(2), is inconsistent
with section 30(a) of the LHWCA, 33 U.S.C. 930(a), as extended by the
DBA, and the DOL's current practice. The respondent argues that it is
inappropriate to redefine this statutory provision through a FAR
clause. The respondent recommends the proposed paragraph (b) should be
amended to conform to current practice both under the DBA and LHWCA.
Response: The Councils concur with the respondent. The intent of
this FAR rule is to clarify and inform contractors of their obligations
under the DBA and the DOL's regulations, not to alter those
requirements. Section 30(a) of the LHWCA, as implemented by the DOL's
regulations, places the responsibility for reporting injuries on the
employer. See 20 CFR 703.115. Accordingly, the Councils are removing
the proposed FAR 52.228-3 paragraph (b) to promote consistency with the
statutes referenced above.
6. Contractors Should Provide Insurance
Comment: One respondent states that the contractors should have
sufficient insurance to be able to pay compensation if an employee is
injured.
Response: The Councils concur that the views of this respondent are
in accord with the intent of the law, this FAR rule, and the existing
FAR clause 52.228-3.
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 not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared a Final Regulatory Flexibility
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is summarized as follows:
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.,
because this rule merely clarifies the existing prescriptions and
clauses relating to contractor and subcontractor responsibilities to
obtain workers' compensation insurance or to qualify as a self-
insurer, and other requirements, under the terms of the LHWCA as
extended by the DBA, and implemented in DOL Regulations. No comments
from small entities were submitted in reference to the Regulatory
Flexibility Act request under the proposed rule.
The rule imposes no reporting, recordkeeping, or other
information collection requirements. The rule does not duplicate,
overlap, or conflict with any other Federal rules, and there are no
known significant alternatives to the rule.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat. The FAR Secretariat has submitted a copy of the
FRFA to the Chief Counsel for Advocacy of the Small Business
Administration.
V. Paperwork Reduction Act
The rule does not contain any new information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: May 22, 2014.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office
of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth
below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 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.
0
2. Revise section 52.228-3 to read as follows:
52.228-3 Workers' Compensation Insurance (Defense Base Act).
As prescribed in 28.309(a), insert the following clause:
Workers' Compensation Insurance (Defense Base Act) (Jul 2014)
(a) The Contractor shall--
(1) Before commencing performance under this contract, establish
provisions to provide for the payment of disability compensation and
medical benefits to covered employees and death benefits to their
eligible survivors, by purchasing workers' compensation insurance or
qualifying as a self-insurer under the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act
(42 U.S.C. 1651, et seq.), and continue to maintain provisions to
provide such Defense Base Act benefits until contract performance is
completed;
[[Page 31203]]
(2) Within ten days of an employee's injury or death or from the
date the Contractor has knowledge of the injury or death, submit
Form LS-202 (Employee's First Report of Injury or Occupational
Illness) to the Department of Labor in accordance with the Longshore
and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR
702.201 to 702.203);
(3) Pay all compensation due for disability or death within the
time frames required by the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232);
(4) Provide for medical care as required by the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 907, 20 CFR 702.402 and
702.419);
(5) If controverting the right to compensation, submit Form LS-
207 (Notice of Controversion of Right to Compensation) to the
Department of Labor in accordance with the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251);
(6) Immediately upon making the first payment of compensation in
any case, submit Form LS-206 (Payment Of Compensation Without Award)
to the Department of Labor in accordance with the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234);
(7) When payments are suspended or when making the final
payment, submit Form LS-208 (Notice of Final Payment or Suspension
of Compensation Payments) to the Department of Labor in accordance
with the Longshore and Harbor Workers' Compensation Act (33 U.S.C.
914(c) and (g), 20 CFR 702.234 and 702.235); and
(8) Adhere to all other provisions of the Longshore and Harbor
Workers' Compensation Act as extended by the Defense Base Act, and
Department of Labor regulations at 20 CFR Parts 701 to 704.
(b) For additional information on the Longshore and Harbor
Workers' Compensation Act requirements see https://www.dol.gov/owcp/dlhwc/lsdba.htm.
(c) The Contractor shall insert the substance of this clause,
including this paragraph (c), in all subcontracts to which the
Defense Base Act applies.
(End of clause)
[FR Doc. 2014-12406 Filed 5-29-14; 8:45 am]
BILLING CODE 6820-EP-P
