Federal Acquisition Regulation; Management and Oversight of the Acquisition of Services, 4992-4993 [2015-01525]
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Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations
the workplace or on the Web site is
impracticable, the Contractor shall provide
the relevant contents of the compliance plan
to each worker in writing.
(ii) The Contractor shall provide the
compliance plan to the Contracting Officer
upon request.
(5) Certification. Annually after receiving
an award, the Contractor shall submit a
certification to the Contracting Officer that—
(i) It has implemented a compliance plan
to prevent any prohibited activities identified
at paragraph (b) of this clause and to monitor,
detect, and terminate any agent, subcontract
or subcontractor employee engaging in
prohibited activities; and
(ii) After having conducted due diligence,
either—
(A) To the best of the Contractor’s
knowledge and belief, neither it nor any of
its agents, subcontractors, or their agents is
engaged in any such activities; or
(B) If abuses relating to any of the
prohibited activities identified in paragraph
(b) of this clause have been found, the
Contractor or subcontractor has taken the
appropriate remedial and referral actions.
(i) Subcontracts. (1) The Contractor shall
include the substance of this clause,
including this paragraph (i), in all
subcontracts and in all contracts with agents.
The requirements in paragraph (h) of this
clause apply only to any portion of the
subcontract that—
(A) Is for supplies, other than
commercially available off-the-shelf items,
acquired outside the United States, or
services to be performed outside the United
States; and
(B) Has an estimated value that exceeds
$500,000.
(2) If any subcontractor is required by this
clause to submit a certification, the
Contractor shall require submission prior to
the award of the subcontract and annually
thereafter. The certification shall cover the
items in paragraph (h)(5) of this clause.
(1) Is for supplies, other than commercially
available off-the-shelf items, to be acquired
outside the United States, or services to be
performed outside the United States; and
(2) Has an estimated value that exceeds
$500,000.
(c) The certification shall state that—
(1) It has implemented a compliance plan
to prevent any prohibited activities identified
in paragraph (b) of the clause at 52.222–50,
Combating Trafficking in Persons, and to
monitor, detect, and terminate the contract
with a subcontractor engaging in prohibited
activities identified at paragraph (b) of the
clause at 52.222–50, Combating Trafficking
in Persons; and
(2) After having conducted due diligence,
either—
(i) To the best of the Offeror’s knowledge
and belief, neither it nor any of its proposed
agents, subcontractors, or their agents is
engaged in any such activities; or
(ii) If abuses relating to any of the
prohibited activities identified in 52.222–
50(b) have been found, the Offeror or
proposed subcontractor has taken the
appropriate remedial and referral actions.
(End of clause)
*
Alternate I (March 2, 2015). As prescribed
in 22.1705(a)(2), substitute the following
paragraph in place of paragraph (c)(1)(i) of
the basic clause:
(i)(A) The United States Government’s
policy prohibiting trafficking in persons
described in paragraph (b) of this clause; and
*
*
*
*
*
18. Add section 52.222–56 to read as
follows:
(End of provision)
■ 19. Amend section 52.244–6 by
revising the date of the clause and
paragraph (c)(1)(ix) to read as follows:
52.244–6
Items.
*
*
Subcontracts for Commercial
*
*
*
Subcontracts for Commercial Items (March 2,
2015)
*
*
*
*
*
(c)(1) * * *
(i) * * *
(ix)(A) 52.222–50, Combating Trafficking
in Persons (March 2, 2015) (22 U.S.C. chapter
78 and E.O. 13627).
(B) Alternate I (March 2, 2015) of 52.222–
50 (22 U.S.C. chapter 78 and E.O. 13627).
*
*
*
*
[FR Doc. 2015–01524 Filed 1–28–15; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
■
52.222–56 Certification Regarding
Trafficking in Persons Compliance Plan.
tkelley on DSK3SPTVN1PROD with RULES2
As prescribed in 22.1705(b), insert the
following provision:
Certification Regarding Trafficking in Persons
Compliance Plan (March 2, 2015)
(a) The term ‘‘commercially available offthe-shelf (COTS) item,’’ is defined in the
clause of this solicitation entitled
‘‘Combating Trafficking in Persons’’ (FAR
clause 52.222–50).
(b) The apparent successful Offeror shall
submit, prior to award, a certification, as
specified in paragraph (c) of this provision,
for the portion (if any) of the contract that—
VerDate Sep<11>2014
18:45 Jan 28, 2015
Jkt 235001
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 37 and 52
[FAC 2005–80; FAR Case 2014–008; Item
II; Docket No. 2014–0008; Sequence No. 1]
RIN 9000–AM84
Federal Acquisition Regulation;
Management and Oversight of the
Acquisition of Services
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
PO 00000
Frm 00028
Fmt 4701
Sfmt 4700
ACTION:
Final rule.
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
implement a recommendation to
strengthen guidance on service
acquisitions on uncompensated
overtime.
SUMMARY:
DATES:
Effective: March 2, 2015.
Mr.
Michael O. Jackson, Procurement
Analyst, at 202–208–4949 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
Please cite FAC 2005–80, FAR Case
2014–008.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
Section 865 of the Ike Skelton
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2011 (Pub.
L. 111–383) directed the Secretary of
Defense to submit, in consultation with
the Office of Federal Procurement
Policy (OFPP) and all other relevant
Federal agencies, a review of the Federal
Acquisition Regulation (FAR) and
Defense Federal Acquisition Regulations
Supplement (DFARS), to ensure that
they have appropriate guidance for
service acquisitions. As a result, the
regulatory drafting teams for the FAR
and DFARS reviewed current
regulations related to services and
considered the extent to which
improvements might be needed.
In November 2011, DoD issued a
report entitled DoD Report to Congress
on Federal Acquisition Regulation
(FAR) and Defense Federal Acquisition
Regulations Supplement (DFARS)
Review Regarding Services Acquisition.
This Report to Congress includes a
series of recommendations on issues for
strengthening existing guidance on
services acquisition through addition,
clarification, or expansion.
II. Analysis and Discussion
This FAR case implements a
recommendation to create a definition
of uncompensated overtime.
Accordingly, the existing definitions of
‘‘uncompensated overtime’’ and
‘‘uncompensated overtime rate’’ at FAR
52.237–10(a) have been incorporated at
FAR 37.101, with the defined term
‘‘uncompensated overtime rate’’
changing 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
E:\FR\FM\29JAR2.SGM
29JAR2
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations
uncompensated overtime hours over
and above the standard 40-hour work
week. The clause at 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.
Finally, a change is made at FAR
37.115–2 to reflect the change made in
the clause at FAR 52.237–10(b).
VI. 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).
III. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
statute which applies to the publication
of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute 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 it only clarifies policy that is
already stated in the FAR. These
proposed changes as described in
section II of this preamble affect only
the internal operating procedures of the
Government.
Dated: January 22, 2015.
William Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
tkelley on DSK3SPTVN1PROD with RULES2
IV. 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.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision within the meaning of
FAR 1.501–1 and 41 U.S.C. 1707 does
not require publication for public
comment.
VerDate Sep<11>2014
18:45 Jan 28, 2015
Jkt 235001
List of Subjects in CFR Parts 37 and 52
Government procurement.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 37 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 37 and 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.
PART 37—SERVICE CONTRACTING
2. Amend section 37.101 by adding, in
alphabetical order, the definitions
‘‘Adjusted hourly rate (including
uncompensated overtime)’’ and
‘‘Uncompensated overtime’’ to read as
follows:
■
37.101
Definitions.
*
*
*
*
*
Adjusted hourly rate (including
uncompensated overtime) is the rate
that results from multiplying the hourly
rate for a 40-hour work week by 40, and
then dividing by the proposed hours per
week which includes uncompensated
overtime hours over and above the
standard 40-hour work week. For
example, 45 hours proposed on a 40hour work week basis at $20 per hour
would be converted to an
uncompensated overtime rate of $17.78
per hour ($20.00 × 40/45 = $17.78).
*
*
*
*
*
Uncompensated overtime means the
hours worked without additional
compensation in excess of an average of
40 hours per week by direct charge
employees who are exempt from the
Fair Labor Standards Act. Compensated
personal absences such as holidays,
vacations, and sick leave shall be
included in the normal work week for
purposes of computing uncompensated
overtime hours.
■ 3. Amend section 37.115–2 by adding
paragraph (d) to read as follows:
37.115–2
(see definition at 37.101), rather than
the hourly rate, shall be applied to all
proposed hours, whether regular or
overtime hours.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
4. Amend section 52.237–10 by—
a. Revising the date of the provision;
■ b. Removing from paragraph (a) the
definition ‘‘Uncompensated overtime
rate’’, and adding, in alphabetical order,
the definition ‘‘Adjusted hourly rate
(including uncompensated overtime)’’;
and
■ c. Revising paragraph (b).
The revisions and addition read as
follows:
■
■
52.237–10 Identification of
Uncompensated Overtime.
*
*
*
*
*
*
Sfmt 9990
*
*
(b)(1) Whenever there is uncompensated
overtime, the adjusted hourly rate (including
uncompensated overtime), rather than the
hourly rate, shall be applied to all proposed
hours, whether regular or overtime hours.
(2) All proposed labor hours subject to the
adjusted hourly rate (including
uncompensated overtime) shall be identified
as either regular or overtime hours, by labor
categories, and described at the same level of
detail. This is applicable to all proposals
whether the labor hours are at the prime or
subcontract level. This includes
uncompensated overtime hours that are in
indirect cost pools for personnel whose
regular hours are normally charged direct.
*
*
*
*
*
[FR Doc. 2015–01525 Filed 1–28–15; 8:45 am]
BILLING CODE 6820–EP–P
General policy.
Fmt 4701
*
(a) * * *
Adjusted hourly rate (including
uncompensated overtime) is the rate that
results from multiplying the hourly rate for
a 40-hour work week by 40, and then
dividing by the proposed hours per week
which includes uncompensated overtime
hours over and above the standard 40-hour
work week. For example, 45 hours proposed
on a 40-hour work week basis at $20 per hour
would be converted to an uncompensated
overtime rate of $17.78 per hour ($20.00 × 40
divided by 45 = $17.78).
*
*
*
*
(d) Whenever there is uncompensated
overtime, the adjusted hourly rate
(including uncompensated overtime)
Frm 00029
*
Identification of Uncompensated
Overtime Mar 2015
*
PO 00000
4993
E:\FR\FM\29JAR2.SGM
29JAR2
]]>Agencies
[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4992-4993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01525]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 37 and 52
[FAC 2005-80; FAR Case 2014-008; Item II; Docket No. 2014-0008;
Sequence No. 1]
RIN 9000-AM84
Federal Acquisition Regulation; Management and Oversight of the
Acquisition of Services
AGENCY: 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 implement a recommendation to
strengthen guidance on service acquisitions on uncompensated overtime.
DATES: Effective: March 2, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement
Analyst, at 202-208-4949 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite FAC 2005-80, FAR Case
2014-008.
SUPPLEMENTARY INFORMATION:
I. Background
Section 865 of the Ike Skelton National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2011 (Pub. L. 111-383) directed the
Secretary of Defense to submit, in consultation with the Office of
Federal Procurement Policy (OFPP) and all other relevant Federal
agencies, a review of the Federal Acquisition Regulation (FAR) and
Defense Federal Acquisition Regulations Supplement (DFARS), to ensure
that they have appropriate guidance for service acquisitions. As a
result, the regulatory drafting teams for the FAR and DFARS reviewed
current regulations related to services and considered the extent to
which improvements might be needed.
In November 2011, DoD issued a report entitled DoD Report to
Congress on Federal Acquisition Regulation (FAR) and Defense Federal
Acquisition Regulations Supplement (DFARS) Review Regarding Services
Acquisition. This Report to Congress includes a series of
recommendations on issues for strengthening existing guidance on
services acquisition through addition, clarification, or expansion.
II. Analysis and Discussion
This FAR case implements a recommendation to create a definition of
uncompensated overtime. Accordingly, the existing definitions of
``uncompensated overtime'' and ``uncompensated overtime rate'' at FAR
52.237-10(a) have been incorporated at FAR 37.101, with the defined
term ``uncompensated overtime rate'' changing 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
[[Page 4993]]
uncompensated overtime hours over and above the standard 40-hour work
week. The clause at 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. Finally, a change is made at
FAR 37.115-2 to reflect the change made in the clause at FAR 52.237-
10(b).
III. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute 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 it only clarifies policy that is already stated in the FAR.
These proposed changes as described in section II of this preamble
affect only the internal operating procedures of the Government.
IV. 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.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require
publication for public comment.
VI. 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 CFR Parts 37 and 52
Government procurement.
Dated: January 22, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 37 and 52 as set
forth below:
0
1. The authority citation for 48 CFR parts 37 and 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.
PART 37--SERVICE CONTRACTING
0
2. Amend section 37.101 by adding, in alphabetical order, the
definitions ``Adjusted hourly rate (including uncompensated overtime)''
and ``Uncompensated overtime'' to read as follows:
37.101 Definitions.
* * * * *
Adjusted hourly rate (including uncompensated overtime) is the rate
that results from multiplying the hourly rate for a 40-hour work week
by 40, and then dividing by the proposed hours per week which includes
uncompensated overtime hours over and above the standard 40-hour work
week. For example, 45 hours proposed on a 40-hour work week basis at
$20 per hour would be converted to an uncompensated overtime rate of
$17.78 per hour ($20.00 x 40/45 = $17.78).
* * * * *
Uncompensated overtime means the hours worked without additional
compensation in excess of an average of 40 hours per week by direct
charge employees who are exempt from the Fair Labor Standards Act.
Compensated personal absences such as holidays, vacations, and sick
leave shall be included in the normal work week for purposes of
computing uncompensated overtime hours.
0
3. Amend section 37.115-2 by adding paragraph (d) to read as follows:
37.115-2 General policy.
* * * * *
(d) Whenever there is uncompensated overtime, the adjusted hourly
rate (including uncompensated overtime) (see definition at 37.101),
rather than the hourly rate, shall be applied to all proposed hours,
whether regular or overtime hours.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 52.237-10 by--
0
a. Revising the date of the provision;
0
b. Removing from paragraph (a) the definition ``Uncompensated overtime
rate'', and adding, in alphabetical order, the definition ``Adjusted
hourly rate (including uncompensated overtime)''; and
0
c. Revising paragraph (b).
The revisions and addition read as follows:
52.237-10 Identification of Uncompensated Overtime.
* * * * *
Identification of Uncompensated Overtime Mar 2015
(a) * * *
Adjusted hourly rate (including uncompensated overtime) is the
rate that results from multiplying the hourly rate for a 40-hour
work week by 40, and then dividing by the proposed hours per week
which includes uncompensated overtime hours over and above the
standard 40-hour work week. For example, 45 hours proposed on a 40-
hour work week basis at $20 per hour would be converted to an
uncompensated overtime rate of $17.78 per hour ($20.00 x 40 divided
by 45 = $17.78).
* * * * *
(b)(1) Whenever there is uncompensated overtime, the adjusted
hourly rate (including uncompensated overtime), rather than the
hourly rate, shall be applied to all proposed hours, whether regular
or overtime hours.
(2) All proposed labor hours subject to the adjusted hourly rate
(including uncompensated overtime) shall be identified as either
regular or overtime hours, by labor categories, and described at the
same level of detail. This is applicable to all proposals whether
the labor hours are at the prime or subcontract level. This includes
uncompensated overtime hours that are in indirect cost pools for
personnel whose regular hours are normally charged direct.
* * * * *
[FR Doc. 2015-01525 Filed 1-28-15; 8:45 am]
BILLING CODE 6820-EP-P
