Various Administrative Changes and Clauses to the USAID Acquisition Regulation, 48715-48719 [2016-16643]

Download as PDF rmajette on DSK2TPTVN1PROD with RULES Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations Priority Mail & First-Class Package Service Contract 16 Priority Mail & First-Class Package Service Contract 17 Priority Mail & First-Class Package Service Contract 18 Priority Mail & First-Class Package Service Contract 19 Priority Mail & Parcel Select Contract 1 Outbound International* Global Expedited Package Services (GEPS) Contracts GEPS 3 GEPS 5 GEPS 6 Global Bulk Economy (GBE) Contracts Global Plus Contracts Global Plus 1C Global Plus 1D Global Plus 2C Global Plus 3 Global Reseller Expedited Package Contracts Global Reseller Expedited Package Services 1 Global Reseller Expedited Package Services 2 Global Reseller Expedited Package Services 3 Global Reseller Expedited Package Services 4 Global Expedited Package Services (GEPS)—Non-Published Rates Global Expedited Package Services (GEPS)—Non-Published Rates 2 Global Expedited Package Services (GEPS)—Non-Published Rates 3 Global Expedited Package Services (GEPS)—Non-Published Rates 4 Global Expedited Package Services (GEPS)—Non-Published Rates 5 Global Expedited Package Services (GEPS)—Non-Published Rates 6 Global Expedited Package Services (GEPS)—Non-Published Rates 7 Global Expedited Package Services (GEPS)—Non-Published Rates 8 Global Expedited Package Services (GEPS)—Non-Published Rates 9 Global Expedited Package Services (GEPS)—Non-Published Rates 10 Priority Mail International Regional Rate Boxes—Non-Published Rates Outbound Competitive International Merchandise Return Service Agreement with Royal Mail Group, Ltd. Priority Mail International Regional Rate Boxes Contracts Priority Mail International Regional Rate Boxes Contracts 1 Competitive International Merchandise Return Service Agreements with Foreign Postal Operators Competitive International Merchandise Return Service Agreements with Foreign Postal Operators 1 Competitive International Merchandise Return Service Agreements with Foreign Postal Operators 2 Inbound International* International Business Reply Service (IBRS) Competitive Contracts International Business Reply Service Competitive Contract 1 International Business Reply Service Competitive Contract 3 VerDate Sep<11>2014 13:45 Jul 25, 2016 Jkt 238001 Inbound Direct Entry Contracts with Customers Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations 1 Inbound EMS Inbound EMS 2 Inbound Air Parcel Post (at non-UPU rates) Royal Mail Group Inbound Air Parcel Post Agreement Inbound Competitive Multi-Service Agreements with Foreign Postal Operators Inbound Competitive Multi-Service Agreements with Foreign Postal Operators 1 Special Services* Address Enhancement Services Greeting Cards, Gift Cards, and Stationery International Ancillary Services International Money Transfer Service— Outbound International Money Transfer Service— Inbound Premium Forwarding Service Shipping and Mailing Supplies Post Office Box Service Competitive Ancillary Services Nonpostal Services* Advertising Licensing of Intellectual Property other than Officially Licensed Retail Products (OLRP) Mail Service Promotion Officially Licensed Retail Products (OLRP) Passport Photo Service Photocopying Service Rental, Leasing, Licensing or other NonSale Disposition of Tangible Property Training Facilities and Related Services USPS Electronic Postmark (EPM) Program Market Tests* International Merchandise Return Service (IMRS)—Non-Published Rates Customized Delivery Global eCommerce Marketplace (GeM) Stacy L. Ruble, Secretary. [FR Doc. 2016–17632 Filed 7–25–16; 8:45 am] BILLING CODE 7710–FW–P AGENCY FOR INTERNATIONAL DEVELOPMENT 48 CFR Parts 722, 729, 731, and 752 RIN 0412–AA78 Various Administrative Changes and Clauses to the USAID Acquisition Regulation U.S. Agency for International Development. ACTION: Final rule. AGENCY: The U.S. Agency for International Development (USAID) is issuing a final rule amending the Agency for International Development SUMMARY: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 48715 Acquisition Regulation (AIDAR) to maintain consistency with Federal and Agency regulations and incorporate current and new USAID clauses into the regulation. DATES: Effective Date: August 25, 2016. FOR FURTHER INFORMATION CONTACT: Lyudmila Bond, Telephone: 202–567– 4753 or Email: lbond@usaid.gov. SUPPLEMENTARY INFORMATION: A. Background USAID published a proposed rule in the Federal Register at 80 FR 69930 on November 12, 2015 soliciting public comments on the inclusion of several agency-specific clauses into the Agency for International Development Acquisition Regulation (AIDAR). The highlights of the changes are as follows: • Sections 722.810 and 752.222–71 are added to encourage all USAID contractors performing and recruiting entirely outside the United States to develop and enforce employment nondiscrimination policies with regard to race, color, religion, sex (including pregnancy and gender identity), sexual orientation, marital status, parental status, political affiliation, national origin, disability, age, genetic information, veteran status or any other conduct that does not adversely affect the performance of the employee. • New part 729, subpart 729.4, sections 729.204–70 and 752.229–70 require contractors to report the amounts of foreign taxes assessed by a foreign government on commodities financed with U.S. Foreign Assistance funds. The reporting is used to require the countries to reimburse the taxes or duties imposed on U.S. foreign assistance funds and for certain reporting to Congress. • Sections 731.205–43 and 752.231– 72 are added to mitigate the risk of inappropriate spending, as mandated by Executive Order 13589 ‘‘Promoting Efficient Spending’’ dated November 9, 2011. Contractors are required to obtain USAID written approval prior to committing costs related to USAIDfunded conferences that meet the criteria provided in section 731.205–43. • New section 752.7036 directs contractors to register with the Implementing Partner Notices (IPN) Portal, where USAID uploads contract modifications that affect multiple awards and provides notices to contractors. • Section 752.7037 is added to promote child safeguarding when implementing USAID programs. The clause complements the USAID Counter Trafficking in Persons (C–TIP) Code of Conduct by expanding the range of E:\FR\FM\26JYR1.SGM 26JYR1 48716 Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations rmajette on DSK2TPTVN1PROD with RULES actions prohibited by USAID to include abuse, exploitation, or neglect of children. B. Discussion and Analysis One comment was received in response to the proposed rule, which USAID reviewed in the development of the final rule. No other comments were received. A discussion of the comment received and the resulting changes are provided as follows: Comment: One respondent recommended that USAID clarify the impact of the transfer of the requirements for prior written approval of conference costs from Agency internal policies into the AIDAR section 731.205–43. The respondent correctly pointed out that the intent of including these requirements in section 731.205– 43 was to make the costs associated with a conferences meeting the criteria in the subpart unallowable, if the contractor did not obtain the required prior written approval. To minimize potential disagreement between the contractors and the Government, and to mitigate the risk of litigations, the respondent recommended including a statement in the section 731.205–43 to clarify this point. Doing so would also ensure that such costs are expressly unallowable and thus subject to the penalties provided in FAR 42.709. Response: We concur with the respondent’s recommendation. Based on this public comment, USAID is revising section 731.205–43 to include a new paragraph stating that costs associated with a conference, meeting the criteria in the subpart, are unallowable, when the required prior written approval for such costs is not obtained. In addition, the final rule includes the following minor editorial changes from the proposed rule, based on further Agency review and comments from OMB and other agencies: • A new paragraph was added to section 731.205–43 to specify that contracting Officers or the contracting officer’s representatives will provide conference cost approvals following Agency internal procedures in Automated Directive System (ADS) Chapter 580. • The clause at 752.231–72 is revised to make clear that contractors must obtain the required approvals for conferences from the contracting officer or contracting officer’s representative. • The definition of the universal bilateral modification at 752.3036 has been slightly edited to conform to the plain language requirements. • The clause at 752.222–71 is revised for clarity. VerDate Sep<11>2014 13:45 Jul 25, 2016 Jkt 238001 C. Regulatory Planning and Review This rule has been determined to be ‘‘nonsignificant’’ under the Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993 and, therefore, is not subject to review. This rule is not a major rule under 5 U.S.C. 804. D. Regulatory Flexibility Act PART 729—TAXES Subpart 729.4—Contract Clauses 729.402–70 Foreign contracts. Authority: Sec. 621, Pub. L. 87–195, 75 Stat. 445 (22 U.S.C. 2381), as amended; E.O. 12163, 44 FR 56673, 3 CFR 1979 Comp., p. 435. Subpart 729.4—Contract Clauses The rule will not have an impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. E. Paperwork Reduction Act The proposed rule does not establish a new collection of information that requires 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 722, 729, 731, and 752 Government procurement. For the reasons discussed in the preamble, USAID amends 48 CFR chapter 7 as set forth below: CHAPTER 7—AGENCY FOR INTERNATIONAL DEVELOPMENT SUBCHAPTER D—SOCIOECONOMIC PROGRAMS PART 722—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION 1. The authority citation for 48 CFR part 722 continues to read as follows: ■ Authority: Sec. 621, Pub. L. 87–195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 Comp., p. 435. Subpart 722.8—Equal Employment Opportunity 2. Revise section 722.810 to read as follows: ■ 729.402–70 Foreign contracts. (a) Section 579 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of FY 2003 requires certain steps to prevent countries from imposing taxes [defined as Value Added Tax (VAT) or customs duties] on U.S. foreign assistance, or if imposed, requires the countries to reimburse the assessed taxes or duties. The Act also requires certain reporting to Congress. The Department of State has published guidance for implementing this section of the Act. See http://20012009.state.gov/s/d/rm/c10443.htm for further information. (b) Contracting Officers (COs) must insert the clause at 752.229–71, Reporting of Foreign Taxes in section I of solicitations and resulting contracts that obligate or subobligate FY 2003 or later funds except for the following: (1) Contracts funded with Operating Expense, Public Law 83–480 funds, or trust funds; or (2) Contracts where there will be no commodity transactions in a foreign country over the amount of $500. PART 731—CONTRACT COST PRINCIPLES AND PROCEDURES 4. The authority citation for 48 CFR part 731 continues to read as follows: ■ Authority: Sec. 621, Pub. L. 87–195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 Comp., p. 435. Subpart 731.2—Contracts With Commercial Organizations 5. Add section 731.205–43 to read as follows: ■ 722.810 Solicitation provisions and contract clauses. (a) The contracting officer must insert the clause at 752.222–70, USAID Disability Policy in section I of all solicitations and resulting contracts. (b) The contracting officer must insert the clause at 752.222–71, Nondiscrimination in section I of all solicitations and resulting contracts. SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS 3. Add part 729 to subchapter E to read as follows: ■ PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 731.205–43 Trade, business, technical and professional activity costs—USAID conference approval requirements. (a) The contractor must obtain prior written approval from the contracting officer, or the contracting officer’s representative (COR), if delegated in the Contracting Officer’s Representative Designation Letter, for costs related to conferences funded in whole or in part with USAID funds when: (1) Twenty (20) or more USAID employees are expected to attend. E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations (2) The net conference expense funded by USAID will exceed $100,000 (excluding salary of employees), regardless of the number of USAID participants. (b) The contracting officer or the contracting officer’s representative will follow the internal Agency procedures for review and approval of conference costs, as specified in Automated Directive System (ADS) chapter 580, prior to providing such approval to the contractor. (c) Costs associated with a conference that meets the criteria above, incurred without USAID prior written approval, are unallowable. (d) Contracting officers must insert the clause at 752.231–72 in all USAIDfunded solicitations and contracts anticipated to include a requirement for a USAID-funded conference. See (48 CFR) AIDAR 752.231–72 for the definition of a conference and specific requirements and procedures. SUBCHAPTER H—CLAUSES AND FORMS PART 752—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 6. The authority citation for 48 CFR part 752 continues to read as follows: ■ Authority: Sec. 621, Pub. L. 87–195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 Comp., p. 435. 7. Add section 752.222–71 to read as follows: ■ 752.222–71 Nondiscrimination. rmajette on DSK2TPTVN1PROD with RULES As prescribed in (48 CFR) AIDAR 722.810(b), insert the following clause in section I of all solicitations and resulting contracts. Nondiscrimination (June 2012) FAR part 22 and the clauses prescribed in that part prohibit contractors performing in or recruiting from the U.S. from engaging in certain discriminatory practices. USAID is committed to achieving and maintaining a diverse and representative workforce and a workplace free of discrimination. Based on law, Executive Order, and Agency policy, USAID prohibits discrimination in its own workplace on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, disability, age, veteran’s status, sexual orientation, genetic information, marital status, parental status, political affiliation, and any other conduct that does not adversely affect the performance of the employee. USAID does not tolerate any type of discrimination (in any form, including harassment) of any employee or applicant for employment on any of the above-described bases. Contractors are required to comply with the nondiscrimination requirements of the VerDate Sep<11>2014 13:45 Jul 25, 2016 Jkt 238001 FAR. In addition, the Agency strongly encourages all its contractors (at all tiers) to develop and enforce nondiscrimination policies consistent with USAID’s approach to workplace nondiscrimination as described in this clause, subject to applicable law. (End of clause) 8. Add section 752.229–71 to read as follows: ■ 752.229–71 Reporting of foreign taxes. As prescribed in (48 CFR) AIDAR 729.402–70, insert the following clause in section I of applicable solicitations and resulting contracts. The contracting officer must insert address and point of contact at the Embassy, Mission, or M/ CFO/CMP as appropriate under paragraph (d) of this clause. Reporting of Foreign Taxes (July 2007) (a) The contractor must annually submit a report by April 16 of the next year. (b) Contents of report. The report must contain: (1) Contractor name. (2) Contact name with phone, fax number and email address. (3) Contract number(s). (4) Amount of foreign taxes assessed by a foreign government [each foreign government must be listed separately] on commodity purchase transactions valued at $500 or more financed with U.S. foreign assistance funds under this agreement during the prior U.S. fiscal year. (5) Only foreign taxes assessed by the foreign government in the country receiving U.S. assistance are to be reported. Foreign taxes by a third party foreign government are not to be reported. For example, if a contractor performing in Lesotho using foreign assistance funds should purchase commodities in South Africa, any taxes imposed by South Africa would not be included in the report for Lesotho (or South Africa). (6) Any reimbursements received by the contractor during the period in paragraph (b)(4) of this clause regardless of when the foreign tax was assessed and any reimbursements on the taxes reported in paragraph (b)(4) of this clause received through March 31. (7) Report is required even if the contractor did not pay any taxes during the reporting period. (8) Cumulative reports may be provided if the contractor is implementing more than one program in a foreign country. (c) Definitions. As used in this clause— (1) Agreement includes USAID direct and country contracts, grants, cooperative agreements and interagency agreements. (2) Commodity means any material, article, supply, goods, or equipment. (3) Foreign government includes any foreign governmental entity. (4) Foreign taxes means value-added taxes and customs duties assessed by a foreign government on a commodity. It does not include foreign sales taxes. (d) Where. Submit the reports to: [contracting officer must insert address and PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 48717 point of contact at the Embassy, Mission, or CFO/CMP as appropriate]. (e) Subagreements. The contractor must include this reporting requirement in all applicable subcontracts and other subagreements. (f) For further information see http://2001– 2009.state.gov/s/d/rm/c10443.htm. (End of clause) 9. Add section 752.231–72 to read as follows: ■ 752.231–72 Conference planning and required approvals. As prescribed in (48 CFR) AIDAR 731.205–43, insert the following clause in section I of all solicitations and resulting contracts anticipated to include a requirement for a USAIDfunded conference, as defined in the clause. Conference Planning and Required Approvals (Aug 2013) (a) Definitions. Conference means a seminar, meeting, retreat, symposium, workshop, training activity or other such event that requires temporary duty travel of USAID employees. For the purpose of this policy, an employee is defined as a U.S. direct hire; personal services contractor, including U.S. PSCs, Foreign Service National (FSN)/Cooperating Country National (CCN) and Third Country National (TCN); or a Federal employee detailed to USAID from another government agency. (b) The contractor must obtain approval from the contracting officer or the contracting officer’s representative (COR), if delegated in the Contracting Officer’s Representative Designation Letter, as prescribed in 731.205– 43, prior to committing costs related to conferences funded in whole or in part with USAID funds when: (1) Twenty (20) or more USAID employees are expected to attend. (2) The net conference expense funded by USAID will exceed $100,000 (excluding salary of employees), regardless of the number of USAID participants. (c) Conferences approved at the time of award will be incorporated into the award. Any subsequent requests for approval of conferences must be submitted by the contractor to the USAID contracting officer representative (COR). The contracting officer representative will obtain the required agency approvals and communicate such approvals to the contractor in writing. (d) The request for conference approval must include: (1) A brief summary of the proposed event; (2) A justification for the conference and alternatives considered, e.g., teleconferencing and videoconferencing; (3) The estimated budget by line item (e.g., travel and per diem, venue, facilitators, meals, equipment, printing, access fees, ground transportation); (4) A list of USAID employees attending and a justification for each; and the number of other USAID-funded participants (e.g., institutional contractors); (5) The venues considered (including government-owned facility), cost E:\FR\FM\26JYR1.SGM 26JYR1 48718 Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations comparison, and justification for venue selected if it is not the lowest cost option; (6) If meals will be provided to local employees (a local employee would not be in travel status), a determination that the meals are a necessary expense for achieving Agency objectives; and (7) A certification that strict fiscal responsibility has been exercised in making decisions regarding conference expenditures, the proposed costs are comprehensive and represent the greatest cost advantage to the U.S. Government, and that the proposed conference representation has been limited to the minimum number of attendees necessary to support the Agency’s mission. (End of clause) 10. Add section 752.7036 to read as follows: ■ 752.7036 USAID Implementing Partner Notices (IPN) portal for acquisition. rmajette on DSK2TPTVN1PROD with RULES Insert the following clause in section I of all solicitations and resulting contracts, except for orders under indefinite delivery contracts issued pursuant to (48 CFR) FAR subpart 16.5; orders under Federal Supply (GSA) Schedules issued pursuant to (48 CFR) FAR subpart 8.4; and contracts and purchase orders awarded under the simplified acquisitions procedures of (48 CFR) FAR part 13. USAID Implementing Partner Notices (IPN) Portal FOR Acquisition (July 2014) (a) Definitions. As used in this clause— ‘‘Universal’’ bilateral modification means a bilateral modification, as defined in FAR subpart 43.1, that updates or incorporates new FAR or AIDAR clauses, other terms and conditions, or special requirements, affecting all USAID awards or a class of awards, as specified in the Agency notification of such modification. USAID Implementing Partner Notices (IPN) Portal for Acquisition (IPN Portal) means the single point where USAID uploads universal bilateral modifications, which can be accessed electronically by registered USAID contractors. The IPN Portal is located at https://sites.google.com/site/ ipnforacquisitions/. IPN Portal Administrator means the USAID official designated by the M/OAA Director, who has overall responsibility for managing the USAID Implementing Partner Notices Portal for Acquisition. (b) By submission of an offer and execution of a contract, the Offeror/Contractor acknowledges the requirement to: (1) Register with the IPN Portal if awarded a contract resulting from this solicitation; and (2) Receive universal bilateral modifications of this contract and general notices through the IPN Portal. (c) Procedure to register for notifications. Go to: https://sites.google.com/site/ usaidipnforacquisitions/ and click the ‘‘Register’’ button at the top of the page. Contractor representatives must use their official organization email address when subscribing, not personal email addresses. (d) Processing of IPN portal modifications. (1) The contractor may access the IPN Portal VerDate Sep<11>2014 13:45 Jul 25, 2016 Jkt 238001 at any time to review all IPN Portal modifications; however, the system will also notify the contractor by email when the USAID IPN Portal Administrator uploads a universal bilateral modification for contractor review and signature. Proposed IPN Portal modifications distributed through the IPN Portal are applicable to all awards, unless otherwise noted in the proposed modification. (2) Within 15 calendar days from receipt of the notification email from the IPN Portal, the contractor must do one of the following: (i)(A) Verify applicability of the proposed modification to their award(s) per the instructions provided with each modification; (B) Download the modification and incorporate the following information on the SF30 form: contract number, organization name, and organization mailing address as it appears in the basic award; (C) Sign the hardcopy version; and (D) Send the signed modification (by email or hardcopy) to the contracting officer for signature; Note to paragraph (d)(2)(i): The contractor must not incorporate any other changes to the IPN Portal modification. (ii) Notify the Contracting Officer in writing if the modification requires negotiation of the additional changes to terms and conditions of the contract; or (iii) Notify the contracting officer that the contractor declines to sign the modification. (3) Within 30 calendar days of receipt of a signed modification from the contractor, the contracting officer must provide the fully executed modification to the contractor or initiate discussions with the contractor. Bilateral modifications provided through the IPN Portal are not effective until both the contractor and the contracting officer sign the modification. (End of clause) 11. Add section 752.7037 to read as follows: ■ 752.7037 Child safeguarding standards. Insert the following clause in section I of all solicitations and contracts other than those for commercial items. Child Safeguarding Standards (Aug. 2016) (a) Implementation of activities under this award may involve children, or personnel engaged in the implementation of the award may come into contact with children, which could raise the risk of child abuse, exploitation, or neglect within this award. The contractor agrees to abide by the following child safeguarding core principles: (1) Ensure compliance with host country and local child welfare and protection legislation or international standards, whichever gives greater protection, and with U.S. law where applicable; (2) Prohibit all personnel from engaging in child abuse, exploitation, or neglect; (3) Consider child safeguarding in project planning and implementation to determine potential risks to children that are associated with project activities and operations; (4) Apply measures to reduce the risk of child abuse, exploitation, or neglect, PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 including, but not limited to, limiting unsupervised interactions with children; prohibiting exposure to pornography; and complying with applicable laws, regulations, or customs regarding the photographing, filming, or other image-generating activities of children; (5) Promote child-safe screening procedures for personnel, particularly personnel whose work brings them in direct contact with children; and (6) Have a procedure for ensuring that personnel and others recognize child abuse, exploitation, or neglect; mandating that personnel and others report allegations; investigating and managing allegations; and taking appropriate action in response to such allegations, including, but not limited to, dismissal of personnel. (b) The contractor must also include in the code of conduct for all personnel implementing USAID-funded activities, the child safeguarding principles in paragraphs (a)(1) through (6) of this clause. (c) The following definitions apply for purposes of this clause: (1) Child. A child or children are defined as persons who have not attained 18 years of age. (2) Child abuse, exploitation, or neglect. Constitutes any form of physical abuse; emotional ill-treatment; sexual abuse; neglect or insufficient supervision; trafficking; or commercial, transactional, labor, or other exploitation resulting in actual or potential harm to the child’s health, well-being, survival, development, or dignity. It includes, but is not limited to: Any act or failure to act which results in death, serious physical or emotional harm to a child, or an act or failure to act which presents an imminent risk of serious harm to a child. (3) Emotional abuse or ill treatment. Constitutes injury to the psychological capacity or emotional stability of the child caused by acts, threats of acts, or coercive tactics. Emotional abuse may include, but is not limited to: Humiliation, control, isolation, withholding of information, or any other deliberate activity that makes the child feel diminished or embarrassed. (4) Exploitation. Constitutes the abuse of a child where some form of remuneration is involved or whereby the perpetrators benefit in some manner. Exploitation represents a form of coercion and violence that is detrimental to the child’s physical or mental health, development, education, or wellbeing. (5) Neglect. Constitutes failure to provide for a child’s basic needs within USAIDfunded activities that are responsible for the care of a child in the absence of the child’s parent or guardian. (6) Physical abuse. Constitutes acts or failures to act resulting in injury (not necessarily visible), unnecessary or unjustified pain or suffering without causing injury, harm or risk of harm to a child’s health or welfare, or death. Such acts may include, but are not limited to: Punching, beating, kicking, biting, shaking, throwing, stabbing, choking, or hitting (regardless of object used), or burning. These acts are considered abuse regardless of whether they were intended to hurt the child. E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations (7) Sexual abuse. Constitutes fondling a child’s genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or the production of pornographic materials. (d) The contractor must insert this clause in all subcontracts under this award. (End of clause) Dated: June 29, 2016. Roy Plucknett, Chief Acquisition Officer. [FR Doc. 2016–16643 Filed 7–25–16; 8:45 am] BILLING CODE 6116–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 1206013412–2517–02] RIN 0648–XE757 Reef Fish Fishery of the Gulf of Mexico; 2016 Recreational Accountability Measures and Closure for Gulf of Mexico Greater Amberjack National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota reduction and closure. AGENCY: NMFS implements accountability measures (AMs) for the greater amberjack recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2016 fishing year through this temporary rule. NMFS has determined that the 2015 recreational annual catch limit (ACL) for Gulf greater amberjack was exceeded; therefore, NMFS reduces the greater amberjack recreational ACL and annual catch target (ACT) in 2016. NMFS has also determined that the recreational ACT for Gulf greater amberjack was reached prior to the June 1 annual season closure. Therefore, the greater amberjack recreational season in the Gulf EEZ will remain closed and will not be re-opening on August 1, 2016. This closure is necessary to protect the Gulf greater amberjack resource. DATES: This rule is effective from 12:01 a.m., local time, August 1, 2016, until 12:01 a.m., local time, on January 1, 2017. rmajette on DSK2TPTVN1PROD with RULES SUMMARY: Rich Malinowski, NMFS Southeast Regional Office, telephone: 727–824–5305, email: rich.malinowski@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 13:45 Jul 25, 2016 Jkt 238001 which includes greater amberjack, under the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery Management Council (Council) prepared the FMP and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All greater amberjack weights discussed in this temporary rule are in round weight. The 2016 recreational ACL for Gulf greater amberjack specified in 50 CFR 622.41(b)(2)(iii) is 1,255,600 lb (569,531 kg) and the recreational ACT specified in 50 CFR 622.39(a)(2)(ii) is 1,092,372 lb (495,492 kg). However, in 2015, the recreational harvest of greater amberjack exceeded the 2015 recreational ACL by 57,930 lb (26,277 kg). Therefore, consistent with the requirements specified in 50 CFR 622.41(a)(2)(ii), NMFS reduces the recreational ACL for greater amberjack in 2016 to 1,197,670 lb (543,254 kg) and the recreational ACT to 1,034,442 lb (469,215 kg). Under 50 CFR 622.41(a)(2)(i), NMFS is required to close the recreational sector for greater amberjack when the recreational ACT is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined the 2016 recreational ACT was reached prior to the annual season closure, which is effective from June 1 through July 31 each year. Accordingly, the recreational sector for Gulf greater amberjack will not re-open on August 1, because NMFS is closing recreational harvest of greater amberjack for the rest of the 2016 fishing year effective at 12:01 a.m., local time, August 1, 2016, until 12:01 a.m., local time, January 1, 2017, the start of the next fishing year. During the recreational closure, the bag and possession limits for greater amberjack in or from the Gulf EEZ are zero. The prohibition on possession in the Gulf on board a vessel for which a valid Federal charter vessel/headboat permit for Gulf reef fish has been issued applies regardless of whether greater amberjack were harvested in state or Federal waters. The recreational sector for greater amberjack will reopen on January 1, 2017, the beginning of the 2017 recreational fishing year. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of Gulf greater amberjack PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 48719 and is consistent with the MagnusonStevens Act and other applicable laws. This action is taken under 50 CFR 622.41(a)(2)(i) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for NOAA Fisheries (AA) finds that the need to immediately implement this action to close the recreational sector for greater amberjack constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment on this temporary rule pursuant to the authority set forth in 5 U.S.C. 553(b)(B), because such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule establishing the closure provisions was subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect greater amberjack. Prior notice and opportunity for public comment would require time and would potentially allow the recreational sector to exceed the recreational ACL. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: July 21, 2016. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–17633 Filed 7–21–16; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [160412328–6619–02] RIN 0648–BF97 Atlantic Highly Migratory Species; North and South Atlantic 2016 Commercial Swordfish Quotas National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: E:\FR\FM\26JYR1.SGM 26JYR1

Agencies

[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Rules and Regulations]
[Pages 48715-48719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16643]


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AGENCY FOR INTERNATIONAL DEVELOPMENT

48 CFR Parts 722, 729, 731, and 752

RIN 0412-AA78


Various Administrative Changes and Clauses to the USAID 
Acquisition Regulation

AGENCY: U.S. Agency for International Development.

ACTION: Final rule.

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SUMMARY: The U.S. Agency for International Development (USAID) is 
issuing a final rule amending the Agency for International Development 
Acquisition Regulation (AIDAR) to maintain consistency with Federal and 
Agency regulations and incorporate current and new USAID clauses into 
the regulation.

DATES: Effective Date: August 25, 2016.

FOR FURTHER INFORMATION CONTACT: Lyudmila Bond, Telephone: 202-567-4753 
or Email: lbond@usaid.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    USAID published a proposed rule in the Federal Register at 80 FR 
69930 on November 12, 2015 soliciting public comments on the inclusion 
of several agency-specific clauses into the Agency for International 
Development Acquisition Regulation (AIDAR). The highlights of the 
changes are as follows:
     Sections 722.810 and 752.222-71 are added to encourage all 
USAID contractors performing and recruiting entirely outside the United 
States to develop and enforce employment nondiscrimination policies 
with regard to race, color, religion, sex (including pregnancy and 
gender identity), sexual orientation, marital status, parental status, 
political affiliation, national origin, disability, age, genetic 
information, veteran status or any other conduct that does not 
adversely affect the performance of the employee.
     New part 729, subpart 729.4, sections 729.204-70 and 
752.229-70 require contractors to report the amounts of foreign taxes 
assessed by a foreign government on commodities financed with U.S. 
Foreign Assistance funds. The reporting is used to require the 
countries to reimburse the taxes or duties imposed on U.S. foreign 
assistance funds and for certain reporting to Congress.
     Sections 731.205-43 and 752.231-72 are added to mitigate 
the risk of inappropriate spending, as mandated by Executive Order 
13589 ``Promoting Efficient Spending'' dated November 9, 2011. 
Contractors are required to obtain USAID written approval prior to 
committing costs related to USAID-funded conferences that meet the 
criteria provided in section 731.205-43.
     New section 752.7036 directs contractors to register with 
the Implementing Partner Notices (IPN) Portal, where USAID uploads 
contract modifications that affect multiple awards and provides notices 
to contractors.
     Section 752.7037 is added to promote child safeguarding 
when implementing USAID programs. The clause complements the USAID 
Counter Trafficking in Persons (C-TIP) Code of Conduct by expanding the 
range of

[[Page 48716]]

actions prohibited by USAID to include abuse, exploitation, or neglect 
of children.

B. Discussion and Analysis

    One comment was received in response to the proposed rule, which 
USAID reviewed in the development of the final rule. No other comments 
were received.
    A discussion of the comment received and the resulting changes are 
provided as follows:
    Comment: One respondent recommended that USAID clarify the impact 
of the transfer of the requirements for prior written approval of 
conference costs from Agency internal policies into the AIDAR section 
731.205-43. The respondent correctly pointed out that the intent of 
including these requirements in section 731.205-43 was to make the 
costs associated with a conferences meeting the criteria in the subpart 
unallowable, if the contractor did not obtain the required prior 
written approval. To minimize potential disagreement between the 
contractors and the Government, and to mitigate the risk of 
litigations, the respondent recommended including a statement in the 
section 731.205-43 to clarify this point. Doing so would also ensure 
that such costs are expressly unallowable and thus subject to the 
penalties provided in FAR 42.709.
    Response: We concur with the respondent's recommendation. Based on 
this public comment, USAID is revising section 731.205-43 to include a 
new paragraph stating that costs associated with a conference, meeting 
the criteria in the subpart, are unallowable, when the required prior 
written approval for such costs is not obtained.
    In addition, the final rule includes the following minor editorial 
changes from the proposed rule, based on further Agency review and 
comments from OMB and other agencies:
     A new paragraph was added to section 731.205-43 to specify 
that contracting Officers or the contracting officer's representatives 
will provide conference cost approvals following Agency internal 
procedures in Automated Directive System (ADS) Chapter 580.
     The clause at 752.231-72 is revised to make clear that 
contractors must obtain the required approvals for conferences from the 
contracting officer or contracting officer's representative.
     The definition of the universal bilateral modification at 
752.3036 has been slightly edited to conform to the plain language 
requirements.
     The clause at 752.222-71 is revised for clarity.

C. Regulatory Planning and Review

    This rule has been determined to be ``nonsignificant'' under the 
Executive Order 12866, Regulatory Planning and Review, dated September 
30, 1993 and, therefore, is not subject to review. This rule is not a 
major rule under 5 U.S.C. 804.

D. Regulatory Flexibility Act

    The rule will not have an impact on a substantial number of small 
entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq. Therefore, an Initial Regulatory Flexibility Analysis has 
not been performed.

E. Paperwork Reduction Act

    The proposed rule does not establish a new collection of 
information that requires 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 722, 729, 731, and 752

    Government procurement.

    For the reasons discussed in the preamble, USAID amends 48 CFR 
chapter 7 as set forth below:

CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

SUBCHAPTER D--SOCIOECONOMIC PROGRAMS

PART 722--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

0
1. The authority citation for 48 CFR part 722 continues to read as 
follows:

    Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 
1979 Comp., p. 435.

Subpart 722.8--Equal Employment Opportunity

0
2. Revise section 722.810 to read as follows:


722.810  Solicitation provisions and contract clauses.

    (a) The contracting officer must insert the clause at 752.222-70, 
USAID Disability Policy in section I of all solicitations and resulting 
contracts.
    (b) The contracting officer must insert the clause at 752.222-71, 
Nondiscrimination in section I of all solicitations and resulting 
contracts.

SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS

0
3. Add part 729 to subchapter E to read as follows:

PART 729--TAXES

Subpart 729.4--Contract Clauses


729.402-70  Foreign contracts.

    Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445 (22 U.S.C. 
2381), as amended; E.O. 12163, 44 FR 56673, 3 CFR 1979 Comp., p. 
435.

Subpart 729.4--Contract Clauses


729.402-70  Foreign contracts.

    (a) Section 579 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act of FY 2003 requires certain steps 
to prevent countries from imposing taxes [defined as Value Added Tax 
(VAT) or customs duties] on U.S. foreign assistance, or if imposed, 
requires the countries to reimburse the assessed taxes or duties. The 
Act also requires certain reporting to Congress. The Department of 
State has published guidance for implementing this section of the Act. 
See http://2001-2009.state.gov/s/d/rm/c10443.htm for further 
information.
    (b) Contracting Officers (COs) must insert the clause at 752.229-
71, Reporting of Foreign Taxes in section I of solicitations and 
resulting contracts that obligate or subobligate FY 2003 or later funds 
except for the following:
    (1) Contracts funded with Operating Expense, Public Law 83-480 
funds, or trust funds; or
    (2) Contracts where there will be no commodity transactions in a 
foreign country over the amount of $500.

PART 731--CONTRACT COST PRINCIPLES AND PROCEDURES

0
4. The authority citation for 48 CFR part 731 continues to read as 
follows:

    Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 
1979 Comp., p. 435.

Subpart 731.2--Contracts With Commercial Organizations

0
5. Add section 731.205-43 to read as follows:


731.205-43  Trade, business, technical and professional activity 
costs--USAID conference approval requirements.

    (a) The contractor must obtain prior written approval from the 
contracting officer, or the contracting officer's representative (COR), 
if delegated in the Contracting Officer's Representative Designation 
Letter, for costs related to conferences funded in whole or in part 
with USAID funds when:
    (1) Twenty (20) or more USAID employees are expected to attend.

[[Page 48717]]

    (2) The net conference expense funded by USAID will exceed $100,000 
(excluding salary of employees), regardless of the number of USAID 
participants.
    (b) The contracting officer or the contracting officer's 
representative will follow the internal Agency procedures for review 
and approval of conference costs, as specified in Automated Directive 
System (ADS) chapter 580, prior to providing such approval to the 
contractor.
    (c) Costs associated with a conference that meets the criteria 
above, incurred without USAID prior written approval, are unallowable.
    (d) Contracting officers must insert the clause at 752.231-72 in 
all USAID-funded solicitations and contracts anticipated to include a 
requirement for a USAID-funded conference. See (48 CFR) AIDAR 752.231-
72 for the definition of a conference and specific requirements and 
procedures.

SUBCHAPTER H--CLAUSES AND FORMS

PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
6. The authority citation for 48 CFR part 752 continues to read as 
follows:

    Authority:  Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 
1979 Comp., p. 435.


0
7. Add section 752.222-71 to read as follows:


752.222-71  Nondiscrimination.

    As prescribed in (48 CFR) AIDAR 722.810(b), insert the following 
clause in section I of all solicitations and resulting contracts.

Nondiscrimination (June 2012)

    FAR part 22 and the clauses prescribed in that part prohibit 
contractors performing in or recruiting from the U.S. from engaging 
in certain discriminatory practices.
    USAID is committed to achieving and maintaining a diverse and 
representative workforce and a workplace free of discrimination. 
Based on law, Executive Order, and Agency policy, USAID prohibits 
discrimination in its own workplace on the basis of race, color, 
religion, sex (including pregnancy and gender identity), national 
origin, disability, age, veteran's status, sexual orientation, 
genetic information, marital status, parental status, political 
affiliation, and any other conduct that does not adversely affect 
the performance of the employee. USAID does not tolerate any type of 
discrimination (in any form, including harassment) of any employee 
or applicant for employment on any of the above-described bases.
    Contractors are required to comply with the nondiscrimination 
requirements of the FAR. In addition, the Agency strongly encourages 
all its contractors (at all tiers) to develop and enforce 
nondiscrimination policies consistent with USAID's approach to 
workplace nondiscrimination as described in this clause, subject to 
applicable law.

(End of clause)


0
8. Add section 752.229-71 to read as follows:


752.229-71  Reporting of foreign taxes.

    As prescribed in (48 CFR) AIDAR 729.402-70, insert the following 
clause in section I of applicable solicitations and resulting 
contracts. The contracting officer must insert address and point of 
contact at the Embassy, Mission, or M/CFO/CMP as appropriate under 
paragraph (d) of this clause.

Reporting of Foreign Taxes (July 2007)

    (a) The contractor must annually submit a report by April 16 of 
the next year.
    (b) Contents of report. The report must contain:
    (1) Contractor name.
    (2) Contact name with phone, fax number and email address.
    (3) Contract number(s).
    (4) Amount of foreign taxes assessed by a foreign government 
[each foreign government must be listed separately] on commodity 
purchase transactions valued at $500 or more financed with U.S. 
foreign assistance funds under this agreement during the prior U.S. 
fiscal year.
    (5) Only foreign taxes assessed by the foreign government in the 
country receiving U.S. assistance are to be reported. Foreign taxes 
by a third party foreign government are not to be reported. For 
example, if a contractor performing in Lesotho using foreign 
assistance funds should purchase commodities in South Africa, any 
taxes imposed by South Africa would not be included in the report 
for Lesotho (or South Africa).
    (6) Any reimbursements received by the contractor during the 
period in paragraph (b)(4) of this clause regardless of when the 
foreign tax was assessed and any reimbursements on the taxes 
reported in paragraph (b)(4) of this clause received through March 
31.
    (7) Report is required even if the contractor did not pay any 
taxes during the reporting period.
    (8) Cumulative reports may be provided if the contractor is 
implementing more than one program in a foreign country.
    (c) Definitions. As used in this clause--
    (1) Agreement includes USAID direct and country contracts, 
grants, cooperative agreements and interagency agreements.
    (2) Commodity means any material, article, supply, goods, or 
equipment.
    (3) Foreign government includes any foreign governmental entity.
    (4) Foreign taxes means value-added taxes and customs duties 
assessed by a foreign government on a commodity. It does not include 
foreign sales taxes.
    (d) Where. Submit the reports to: [contracting officer must 
insert address and point of contact at the Embassy, Mission, or CFO/
CMP as appropriate].
    (e) Subagreements. The contractor must include this reporting 
requirement in all applicable subcontracts and other subagreements.
    (f) For further information see http://2001-2009.state.gov/s/d/rm/c10443.htm.

(End of clause)


0
9. Add section 752.231-72 to read as follows:


752.231-72  Conference planning and required approvals.

    As prescribed in (48 CFR) AIDAR 731.205-43, insert the following 
clause in section I of all solicitations and resulting contracts 
anticipated to include a requirement for a USAID-funded conference, as 
defined in the clause.

Conference Planning and Required Approvals (Aug 2013)

    (a) Definitions. Conference means a seminar, meeting, retreat, 
symposium, workshop, training activity or other such event that 
requires temporary duty travel of USAID employees. For the purpose 
of this policy, an employee is defined as a U.S. direct hire; 
personal services contractor, including U.S. PSCs, Foreign Service 
National (FSN)/Cooperating Country National (CCN) and Third Country 
National (TCN); or a Federal employee detailed to USAID from another 
government agency.
    (b) The contractor must obtain approval from the contracting 
officer or the contracting officer's representative (COR), if 
delegated in the Contracting Officer's Representative Designation 
Letter, as prescribed in 731.205-43, prior to committing costs 
related to conferences funded in whole or in part with USAID funds 
when:
    (1) Twenty (20) or more USAID employees are expected to attend.
    (2) The net conference expense funded by USAID will exceed 
$100,000 (excluding salary of employees), regardless of the number 
of USAID participants.
    (c) Conferences approved at the time of award will be 
incorporated into the award. Any subsequent requests for approval of 
conferences must be submitted by the contractor to the USAID 
contracting officer representative (COR). The contracting officer 
representative will obtain the required agency approvals and 
communicate such approvals to the contractor in writing.
    (d) The request for conference approval must include:
    (1) A brief summary of the proposed event;
    (2) A justification for the conference and alternatives 
considered, e.g., teleconferencing and videoconferencing;
    (3) The estimated budget by line item (e.g., travel and per 
diem, venue, facilitators, meals, equipment, printing, access fees, 
ground transportation);
    (4) A list of USAID employees attending and a justification for 
each; and the number of other USAID-funded participants (e.g., 
institutional contractors);
    (5) The venues considered (including government-owned facility), 
cost

[[Page 48718]]

comparison, and justification for venue selected if it is not the 
lowest cost option;
    (6) If meals will be provided to local employees (a local 
employee would not be in travel status), a determination that the 
meals are a necessary expense for achieving Agency objectives; and
    (7) A certification that strict fiscal responsibility has been 
exercised in making decisions regarding conference expenditures, the 
proposed costs are comprehensive and represent the greatest cost 
advantage to the U.S. Government, and that the proposed conference 
representation has been limited to the minimum number of attendees 
necessary to support the Agency's mission.
(End of clause)


0
10. Add section 752.7036 to read as follows:


752.7036  USAID Implementing Partner Notices (IPN) portal for 
acquisition.

    Insert the following clause in section I of all solicitations and 
resulting contracts, except for orders under indefinite delivery 
contracts issued pursuant to (48 CFR) FAR subpart 16.5; orders under 
Federal Supply (GSA) Schedules issued pursuant to (48 CFR) FAR subpart 
8.4; and contracts and purchase orders awarded under the simplified 
acquisitions procedures of (48 CFR) FAR part 13.

USAID Implementing Partner Notices (IPN) Portal FOR Acquisition 
(July 2014)

    (a) Definitions. As used in this clause--
    ``Universal'' bilateral modification means a bilateral 
modification, as defined in FAR subpart 43.1, that updates or 
incorporates new FAR or AIDAR clauses, other terms and conditions, 
or special requirements, affecting all USAID awards or a class of 
awards, as specified in the Agency notification of such 
modification.
    USAID Implementing Partner Notices (IPN) Portal for Acquisition 
(IPN Portal) means the single point where USAID uploads universal 
bilateral modifications, which can be accessed electronically by 
registered USAID contractors. The IPN Portal is located at https://sites.google.com/site/ipnforacquisitions/.
    IPN Portal Administrator means the USAID official designated by 
the M/OAA Director, who has overall responsibility for managing the 
USAID Implementing Partner Notices Portal for Acquisition.
    (b) By submission of an offer and execution of a contract, the 
Offeror/Contractor acknowledges the requirement to:
    (1) Register with the IPN Portal if awarded a contract resulting 
from this solicitation; and
    (2) Receive universal bilateral modifications of this contract 
and general notices through the IPN Portal.
    (c) Procedure to register for notifications. Go to: https://sites.google.com/site/usaidipnforacquisitions/ and click the 
``Register'' button at the top of the page. Contractor 
representatives must use their official organization email address 
when subscribing, not personal email addresses.
    (d) Processing of IPN portal modifications. (1) The contractor 
may access the IPN Portal at any time to review all IPN Portal 
modifications; however, the system will also notify the contractor 
by email when the USAID IPN Portal Administrator uploads a universal 
bilateral modification for contractor review and signature. Proposed 
IPN Portal modifications distributed through the IPN Portal are 
applicable to all awards, unless otherwise noted in the proposed 
modification.
    (2) Within 15 calendar days from receipt of the notification 
email from the IPN Portal, the contractor must do one of the 
following:
    (i)(A) Verify applicability of the proposed modification to 
their award(s) per the instructions provided with each modification;
    (B) Download the modification and incorporate the following 
information on the SF30 form: contract number, organization name, 
and organization mailing address as it appears in the basic award;
    (C) Sign the hardcopy version; and
    (D) Send the signed modification (by email or hardcopy) to the 
contracting officer for signature;
    Note to paragraph (d)(2)(i): The contractor must not incorporate 
any other changes to the IPN Portal modification.
    (ii) Notify the Contracting Officer in writing if the 
modification requires negotiation of the additional changes to terms 
and conditions of the contract; or
    (iii) Notify the contracting officer that the contractor 
declines to sign the modification.
    (3) Within 30 calendar days of receipt of a signed modification 
from the contractor, the contracting officer must provide the fully 
executed modification to the contractor or initiate discussions with 
the contractor. Bilateral modifications provided through the IPN 
Portal are not effective until both the contractor and the 
contracting officer sign the modification.

(End of clause)


0
11. Add section 752.7037 to read as follows:


752.7037  Child safeguarding standards.

    Insert the following clause in section I of all solicitations and 
contracts other than those for commercial items.

Child Safeguarding Standards (Aug. 2016)

    (a) Implementation of activities under this award may involve 
children, or personnel engaged in the implementation of the award 
may come into contact with children, which could raise the risk of 
child abuse, exploitation, or neglect within this award. The 
contractor agrees to abide by the following child safeguarding core 
principles:
    (1) Ensure compliance with host country and local child welfare 
and protection legislation or international standards, whichever 
gives greater protection, and with U.S. law where applicable;
    (2) Prohibit all personnel from engaging in child abuse, 
exploitation, or neglect;
    (3) Consider child safeguarding in project planning and 
implementation to determine potential risks to children that are 
associated with project activities and operations;
    (4) Apply measures to reduce the risk of child abuse, 
exploitation, or neglect, including, but not limited to, limiting 
unsupervised interactions with children; prohibiting exposure to 
pornography; and complying with applicable laws, regulations, or 
customs regarding the photographing, filming, or other image-
generating activities of children;
    (5) Promote child-safe screening procedures for personnel, 
particularly personnel whose work brings them in direct contact with 
children; and
    (6) Have a procedure for ensuring that personnel and others 
recognize child abuse, exploitation, or neglect; mandating that 
personnel and others report allegations; investigating and managing 
allegations; and taking appropriate action in response to such 
allegations, including, but not limited to, dismissal of personnel.
    (b) The contractor must also include in the code of conduct for 
all personnel implementing USAID-funded activities, the child 
safeguarding principles in paragraphs (a)(1) through (6) of this 
clause.
    (c) The following definitions apply for purposes of this clause:
    (1) Child. A child or children are defined as persons who have 
not attained 18 years of age.
    (2) Child abuse, exploitation, or neglect. Constitutes any form 
of physical abuse; emotional ill-treatment; sexual abuse; neglect or 
insufficient supervision; trafficking; or commercial, transactional, 
labor, or other exploitation resulting in actual or potential harm 
to the child's health, well-being, survival, development, or 
dignity. It includes, but is not limited to: Any act or failure to 
act which results in death, serious physical or emotional harm to a 
child, or an act or failure to act which presents an imminent risk 
of serious harm to a child.
    (3) Emotional abuse or ill treatment. Constitutes injury to the 
psychological capacity or emotional stability of the child caused by 
acts, threats of acts, or coercive tactics. Emotional abuse may 
include, but is not limited to: Humiliation, control, isolation, 
withholding of information, or any other deliberate activity that 
makes the child feel diminished or embarrassed.
    (4) Exploitation. Constitutes the abuse of a child where some 
form of remuneration is involved or whereby the perpetrators benefit 
in some manner. Exploitation represents a form of coercion and 
violence that is detrimental to the child's physical or mental 
health, development, education, or well-being.
    (5) Neglect. Constitutes failure to provide for a child's basic 
needs within USAID-funded activities that are responsible for the 
care of a child in the absence of the child's parent or guardian.
    (6) Physical abuse. Constitutes acts or failures to act 
resulting in injury (not necessarily visible), unnecessary or 
unjustified pain or suffering without causing injury, harm or risk 
of harm to a child's health or welfare, or death. Such acts may 
include, but are not limited to: Punching, beating, kicking, biting, 
shaking, throwing, stabbing, choking, or hitting (regardless of 
object used), or burning. These acts are considered abuse regardless 
of whether they were intended to hurt the child.

[[Page 48719]]

    (7) Sexual abuse. Constitutes fondling a child's genitals, 
penetration, incest, rape, sodomy, indecent exposure, and 
exploitation through prostitution or the production of pornographic 
materials.
    (d) The contractor must insert this clause in all subcontracts 
under this award.

(End of clause)

    Dated: June 29, 2016.
Roy Plucknett,
Chief Acquisition Officer.
[FR Doc. 2016-16643 Filed 7-25-16; 8:45 am]
 BILLING CODE 6116-01-P