Federal Acquisition Regulation; Federal Acquisition Circular 2005-80; Introduction, 4965-4967 [2015-01523]
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Vol. 80
Thursday,
No. 19
January 29, 2015
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Final Rules
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Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
ACTION:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
SUMMARY:
Summary presentation of final
rules.
48 CFR Chapter 1
[Docket No. FAR 2014–0051, Sequence
No. 8]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–80;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCIES:
This document summarizes
the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council (Councils) in this Federal
Acquisition Circular (FAC) 2005–80. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC. The FAC, including the SECG, is
available via the Internet at https://
www.regulations.gov.
For effective dates see the
separate documents, which follow.
DATES:
The
analyst whose name appears in the table
below in relation to the FAR case.
Please cite FAC 2005–80 and the
specific FAR case number. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at 202–501–4755.
FOR FURTHER INFORMATION CONTACT:
RULES LISTED IN FAC 2005–80
Item
Subject
I ..................................
II .................................
III ................................
Ending Trafficking in Persons ............................................................................................
Management and Oversight of the Acquisition of Services ...............................................
Technical Amendments
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
2005–80 amends the FAR as specified
below:
tkelley on DSK3SPTVN1PROD with RULES2
Item I—Ending Trafficking in Persons
(FAR Case 2013–001)
This final rule amends the FAR to
implement Executive Order 13627 and
Title XVII of the National Defense
Authorization Act for Fiscal Year 2013
and promotes the United States policy
prohibiting trafficking in persons.
Contractors and subcontractors must
disclose to employees the key
conditions of employment, starting with
wages and work location; no recruiting
fees are allowed to be charged to
employees.
Compliance plans and annual
certifications are required for portions of
contracts over $500,000 performed
outside the United States, except for
commercially available off-the-shelf
items of supply; plans shall be
appropriate to the size and complexity
of the contract or subcontract, and the
nature and scope of the activities under
the contract or subcontract. These plan
exceptions will significantly reduce the
impact on small entities.
Contracting officers should specify in
the contract whether a written employee
work document is required, which
notifies the employee of certain details
about the work and about trafficking in
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FAR case
persons. The contracting officer is also
required to notify the agency Inspector
General, debarring and suspending
official, and, if appropriate, law
enforcement of credible information
regarding violations. The contracting
officer is required to put into FAPIIS
violations substantiated by the agency
Inspector General, after a final agency
determination.
Item II—Management and Oversight of
the Acquisition of Services (FAR Case
2014–008)
This final rule amends the FAR to
implement a recommendation to
strengthen guidance on service
acquisitions by incorporating at FAR
37.101 the definitions relating to
‘‘uncompensated overtime’’ presently
set forth in FAR 52.237–10(a), except
that the defined term ‘‘uncompensated
overtime rate’’ has been changed to
‘‘adjusted hourly rate (including
uncompensated overtime).’’
Additionally, the definition of the new
term ‘‘adjusted hourly rate (including
uncompensated overtime)’’ clarifies that
the proposed hours per week include
uncompensated overtime hours over
and above the standard 40-hour work
week. FAR 52.237–10 is further
amended to clarify the application of
the adjusted hourly rate, and
categorization of proposed hours subject
to the adjusted hourly rate. In addition,
FAR 52.237–10 has been amended to
reflect that all proposed labor hours
subject to the adjusted hourly rate shall
be identified as either regular or
overtime hours, by labor categories.
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2013–001
2014–008
Analyst
Davis.
Jackson.
Finally, FAR 37.115–2 has been
amended to add a paragraph (d) to
clarify that when there is
uncompensated overtime, the adjusted
hourly rate, rather than the hourly rate
shall be applied to all proposed hours,
whether regular or overtime hours.
This rule is not expected to have a
significant cost or administrative impact
on contractors or offerors. This final rule
is also not expected to have a significant
impact on contracting officers because it
only clarifies policy that is already
stated in the FAR. These requirements
affect only the internal operating
procedures of the Government.
Item III—Technical Amendments
Editorial changes are made at FAR
46.202–4, 52.212–3, and 52.225–18.
Dated: January 22, 2015.
William Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC)
2005–80 is issued under the authority of
the Secretary of Defense, the
Administrator of General Services, and
the Administrator for the National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2005–80 is effective March 2,
2015.
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Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations
Dated: January 22, 2015.
Richard Ginman,
Director, Defense Procurement and
Acquisition Policy.
Dated: January 22, 2015.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
Dated: January 21, 2015.
William P. McNally,
Assistant Administrator, Office of
Procurement National Aeronautics and Space
Administration.
[FR Doc. 2015–01523 Filed 1–28–15; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 2, 9, 12, 22, 42, and 52
[FAC 2005–80; FAR Case 2013–001; Item
I; Docket 2013–0001; Sequence No. 1]
RIN 9000–AM55
Federal Acquisition Regulation;
Ending Trafficking in Persons
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
strengthen protections against
trafficking in persons in Federal
contracts. These changes are intended to
implement Executive Order (E.O.)
13627, entitled ‘‘Strengthening
Protections Against Trafficking in
Persons in Federal Contracts,’’ and title
XVII of the National Defense
Authorization Act for Fiscal Year 2013.
DATES: Effective: March 2, 2015.
Applicability: Contracting officers
shall modify, on a bilateral basis,
existing indefinite-delivery/indefinitequantity contracts to include the clause
for future orders, if additional orders are
anticipated.
FOR FURTHER INFORMATION CONTACT: Ms.
Cecelia L. Davis, Procurement Analyst,
at 202–219–0202, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite FAC 2005–80, FAR
Case 2013–001.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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I. Table of Contents
I. Table of Contents
II. Background
III. Discussion and Analysis
A. Summary of Significant Changes to the
Proposed Rule
B. Analysis of Public Comments
Introduction: General Support for the Rule
1. Applicability
2. Definition or Clarification of Terms (FAR
22.1702, 22.1703, 52.222–50, and
52.222–56)
3. Policy Prohibitions (FAR 22.1703(a) and
52.222–50(b))
4. Compliance Plan/Certification (FAR
22.1703(d) (now at Paragraph (c)),
52.222–50(h), and 52.222–56)
5. Full Cooperation (FAR 22.1703(d) and
52.222–50(g))
6. Violations and Remedies (FAR 22.1704
and 52.222–50(e) and (f))
7. Posting in the Federal Awardee
Performance and Integrity Information
System (FAPIIS)
8. Harmonize With Contractor Code of
Business Ethics and Conduct (FAR
Subpart 3.10 and 52.203–13)
9. Training
10. Other
11. Paperwork Reduction Act
12. Regulatory Flexibility
IV. Determinations
V. Executive Orders 12866 and 13563
VI. Regulatory Flexibility Act
VII. Paperwork Reduction Act
II. Background
The United States has long had a
policy prohibiting Government
employees and contractor personnel
from engaging in trafficking in persons
activities, including severe forms of
trafficking in persons. ‘‘Severe forms of
trafficking in persons’’ is defined in
section 103 of the Trafficking Victims
Protection Act of 2000 (TVPA) (22
U.S.C. 7102) to include the recruitment,
harboring, transportation, provision, or
obtaining of a person for labor or
services, through the use of force, fraud,
or coercion for the purpose of subjection
to involuntary servitude, peonage, debt
bondage, or slavery, and sex trafficking.
FAR subpart 22.17 strengthens the
efficacy of the policy prohibiting
trafficking in persons by codifying
trafficking-related prohibitions for
Federal contractors and subcontractors.
It provides for the use of a clause that
requires contractors and subcontractors
to notify Government employees of
trafficking in persons violations and
puts parties on notice that the
Government may impose remedies,
including termination, for failure to
comply with the requirements. Recent
studies of trafficking in persons,
including findings made by the
Commission on Wartime Contracting
and agency Inspectors General, as well
as testimony provided at congressional
hearings, have identified a need for
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4967
additional steps to prohibit trafficking
in Government contracting—including
regulatory action.
E.O. 13627, entitled ‘‘Strengthening
Protections Against Trafficking in
Persons in Federal Contracts,’’ issued on
September 25, 2012 (77 FR 60029,
October 2, 2012), and title XVII, entitled
‘‘Ending Trafficking in Government
Contracting,’’ of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2013 (Pub. L. 112–239,
enacted January 2, 2013) create a
stronger framework to eliminate
trafficking in persons from Government
contracts. The E.O. and statute provide
new policies applicable to all contracts
that prohibit contractors and
subcontractors from engaging in
prohibited practices such as destroying,
concealing, confiscating, or otherwise
denying access by an employee to his or
her identity or immigration documents;
using misleading or fraudulent
recruitment practices; charging
employees recruitment fees; and
providing or arranging housing that fails
to meet the host country housing and
safety standards. Additionally, the E.O.
and statute provide new policies for
contracts performed outside the United
States that exceed $500,000, including a
requirement for a compliance plan and
annual certifications.
Contractors and subcontractors are
reminded of their responsibilities
associated with H–1B, H–2A, and H–2B
Programs or Migrant and Seasonal
Agricultural Worker Protection Act
(MSPA) and should act accordingly.
Nothing in this rule shall be construed
to permit a contractor or subcontractor
from failing to comply with any
provision of any other law, including,
for example, the requirements of the
MSPA, as amended, 29 U.S.C. 1801, et
seq. and the Immigration and
Nationality Act, in particular
nonimmigrants entering the country
under 8 U.S.C. 1101(a)(15)(H)(i)(b) (‘‘H–
1B Program’’), 8 U.S.C.
1101(a)(15)(H)(ii)(a) (‘‘H–2A Program’’),
or 8 U.S.C. 1101(a)(15)(H) (ii)(b) (‘‘H–2B
Program’’). The requirements of these
programs were not incorporated into the
FAR because this rule is implementing
a specific statute and E.O. which are
separate and apart from the immigration
laws cited and because all of the
responsibilities that employers have
under H–1B, H–2A, and H–2B Programs
or MSPA are already enumerated in law
and separate regulations.
The Federal Acquisition Regulatory
Council, on March 5, 2013, sponsored a
public meeting and request for comment
on the implementation of E.O. 13627
and title XVII of the NDAA for FY 2013.
Feedback from that meeting has been
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]]>Agencies
[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4965-4967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01523]
[[Page 4965]]
Vol. 80
Thursday,
No. 19
January 29, 2015
Part II
Department of Defense
-----------------------------------------------------------------------
General Services Administration
-----------------------------------------------------------------------
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Chapter 1
Federal Acquisition Regulations; Final Rules
Federal Register / Vol. 80 , No. 19 / Thursday, January 29, 2015 /
Rules and Regulations
[[Page 4966]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2014-0051, Sequence No. 8]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-80; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rules.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) in this Federal
Acquisition Circular (FAC) 2005-80. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC. The FAC, including
the SECG, is available via the Internet at https://www.regulations.gov.
DATES: For effective dates see the separate documents, which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to the FAR case. Please cite FAC 2005-80 and
the specific FAR case number. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at 202-501-
4755.
Rules Listed in FAC 2005-80
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
I..................................... Ending Trafficking in Persons. 2013-001 Davis.
II.................................... Management and Oversight of 2014-008 Jackson.
the Acquisition of Services.
III................................... Technical Amendments
----------------------------------------------------------------------------------------------------------------
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 2005-80 amends the FAR as specified below:
Item I--Ending Trafficking in Persons (FAR Case 2013-001)
This final rule amends the FAR to implement Executive Order 13627
and Title XVII of the National Defense Authorization Act for Fiscal
Year 2013 and promotes the United States policy prohibiting trafficking
in persons. Contractors and subcontractors must disclose to employees
the key conditions of employment, starting with wages and work
location; no recruiting fees are allowed to be charged to employees.
Compliance plans and annual certifications are required for
portions of contracts over $500,000 performed outside the United
States, except for commercially available off-the-shelf items of
supply; plans shall be appropriate to the size and complexity of the
contract or subcontract, and the nature and scope of the activities
under the contract or subcontract. These plan exceptions will
significantly reduce the impact on small entities.
Contracting officers should specify in the contract whether a
written employee work document is required, which notifies the employee
of certain details about the work and about trafficking in persons. The
contracting officer is also required to notify the agency Inspector
General, debarring and suspending official, and, if appropriate, law
enforcement of credible information regarding violations. The
contracting officer is required to put into FAPIIS violations
substantiated by the agency Inspector General, after a final agency
determination.
Item II--Management and Oversight of the Acquisition of Services (FAR
Case 2014-008)
This final rule amends the FAR to implement a recommendation to
strengthen guidance on service acquisitions by incorporating at FAR
37.101 the definitions relating to ``uncompensated overtime'' presently
set forth in FAR 52.237-10(a), except that the defined term
``uncompensated overtime rate'' has been changed to ``adjusted hourly
rate (including uncompensated overtime).'' Additionally, the definition
of the new term ``adjusted hourly rate (including uncompensated
overtime)'' clarifies that the proposed hours per week include
uncompensated overtime hours over and above the standard 40-hour work
week. FAR 52.237-10 is further amended to clarify the application of
the adjusted hourly rate, and categorization of proposed hours subject
to the adjusted hourly rate. In addition, FAR 52.237-10 has been
amended to reflect that all proposed labor hours subject to the
adjusted hourly rate shall be identified as either regular or overtime
hours, by labor categories. Finally, FAR 37.115-2 has been amended to
add a paragraph (d) to clarify that when there is uncompensated
overtime, the adjusted hourly rate, rather than the hourly rate shall
be applied to all proposed hours, whether regular or overtime hours.
This rule is not expected to have a significant cost or
administrative impact on contractors or offerors. This final rule is
also not expected to have a significant impact on contracting officers
because it only clarifies policy that is already stated in the FAR.
These requirements affect only the internal operating procedures of the
Government.
Item III--Technical Amendments
Editorial changes are made at FAR 46.202-4, 52.212-3, and 52.225-
18.
Dated: January 22, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2005-80 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator for the National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2005-80 is
effective March 2, 2015.
[[Page 4967]]
Dated: January 22, 2015.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
Dated: January 22, 2015.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: January 21, 2015.
William P. McNally,
Assistant Administrator, Office of Procurement National Aeronautics and
Space Administration.
[FR Doc. 2015-01523 Filed 1-28-15; 8:45 am]
BILLING CODE 6820-EP-P
