Agency for International Development Acquisition Regulation (AIDAR): Leave and Holidays for U.S. Personal Services Contractors, Including Family and Medical Leave, 41954-41955 [2019-17523]
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VerDate Sep<11>2014
19:41 Aug 15, 2019
Jkt 247001
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Jennifer Lee Hawes,
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Acquisition Regulations System.
[FR Doc. 2019–17674 Filed 8–15–19; 8:45 am]
BILLING CODE 5001–06–P
AGENCY FOR INTERNATIONAL
DEVELOPMENT
48 CFR Chapter 7
RIN 0412–AA86
Agency for International Development
Acquisition Regulation (AIDAR): Leave
and Holidays for U.S. Personal
Services Contractors, Including Family
and Medical Leave
U.S. Agency for International
Development.
ACTION: Supplemental notice of
proposed rulemaking.
AGENCY:
The U.S. Agency for
International Development (USAID)
hereby further amends a proposed rule
published in the Federal Register on
June 21, 2019 regarding amending the
AIDAR to revise the General Provision
contract clause (hereafter ‘‘clause’’) 5
entitled ‘‘Leave and Holidays (APR
1997)’’ for U.S. personal services
contractors (USPSCs.) This action
addresses conforming changes to annual
and sick leave, and compensatory time
off.
DATES: Submit comments on or before
August 20, 2019.
ADDRESSES: Submit comments by any of
the following methods:
SUMMARY:
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
1. Through the Federal eRulemaking
Portal at https://www.regulations.gov by
following the instructions for submitting
comments.
2. By Mail Addressed to: U.S. Agency
for International Development (USAID),
Bureau for Management, Office of
Acquisition & Assistance, Policy
Division, Attn: Richard E. Spencer,
Room 867–E, SA–44, 1300 Pennsylvania
Ave. NW, Washington, DC 20523–2052.
FOR FURTHER INFORMATION CONTACT:
Richard E. Spencer, Telephone: 202–
567–4781 or Email: rspencer@usaid.gov.
On June
21, 2019 (84 FR 29140), USAID
proposed amending its acquisition
regulations by revising the General
Provision contract clause 5 in appendix
D of the AIDAR, chapter 7 of title 48 of
the Code of Federal Regulations. Those
changes included revisions and
clarifications for all types of leave for
USPSCs, including adding a new
provision for family and medical leave.
In this supplemental notice of proposed
rulemaking, we are clarifying that both
earning and use of compensatory time
off follows the same policies as apply to
USAID direct-hires, and adding
language that conforms to unchanged
provisions elsewhere in the regulation
about prorating annual and sick leave
accrual rates for less than full-time
work.
SUPPLEMENTARY INFORMATION:
A. Instructions
All comments must be in writing and
submitted through one of the methods
specified in the ADDRESSES section
above. USAID encourages all
commenters to include the title of the
action and RIN for this rulemaking.
Please include your name, title,
organization, postal address, telephone
number, and email address in the text
of your comment.
Please note that USAID recommends
sending all comments to the Federal
eRulemaking Portal.
All comments will be made available
at https://www.regulations.gov for public
review without change, including any
personal information provided. We
recommend that you do not submit
information that you consider
confidential business information or any
information that is otherwise protected
from disclosure by statute.
USAID will only address comments
that are relevant and within the scope
of this proposed rule.
B. Background
USAID is seeking comments on this
proposed rule to revise AIDAR
E:\FR\FM\16AUP1.SGM
16AUP1
Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Proposed Rules
appendix D as originally published in
the Federal Register on June 21, 2019,
and as described below for this
supplemental notice of proposed
rulemaking:
(1) Annual leave.
This paragraph is clarified to indicate
that accrual of annual leave will be
prorated for less than full-time work.
(2) Sick Leave.
This paragraph is clarified to indicate
that accrual of sick leave will be
prorated for less than full-time work.
(3) Compensatory Time.
A sentence is added to clarify that
both earning and use of compensatory
time off follow the same policies as
apply to USAID direct-hires.
C. Impact assessment
(1) Regulatory Planning and Review.
Under E.O. 12866, OIRA has designated
the proposed rule ‘‘significant’’ and
therefore subject to the requirements of
the E.O. and subject to review by the
Office of Management and Budget
(OMB). OIRA has determined that this
Rule is not an ‘‘economically significant
regulatory action’’ under Section 3(f)(1)
of E.O. 12866. This proposed rule is not
a major rule under 5 U.S.C. 804.
The costs and benefit of the revisions
described as published in the Federal
Register on June 21 remain unchanged,
and there is no additional impact for the
conforming changes proposed by this
supplemental notice of proposed
rulemaking.
(2) Regulatory Flexibility Act. The
Director, Bureau for Management, Office
of Acquisition and Assistance, acting as
the Head of the Agency for purposes of
the Federal Acquisition Regulation,
certifies that this proposed rule will not
impact 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.
(3) Paperwork Reduction Act. This
proposed rule does not establish or
modify a 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 Chapter 7,
Appendix D
Government procurement.
For the reasons discussed in the
preamble, 48 CFR chapter 7, as
proposed to be amended on June 21,
2019 at 84 FR 29140, is further amended
as follows:
Time in service
*
*
*
*
(b) Sick Leave. The contractor may
use sick leave on the same basis and for
the same purposes as USAID employees.
The contractor will accrue sick leave at
a rate not to exceed four (4) hours every
two (2) weeks for a maximum of thirteen
(13) work-days per year based on a fulltime, 40-hour workweek, which will be
prorated if the contract provides for a
shorter workweek. The contractor may
carry over unused sick leave from year
to year under the same contract, and to
khammond on DSKBBV9HB2PROD with PROPOSALS
Chapter 7—Agency for International
Development
1. The authority citation for appendix
D to 48 CFR chapter 7 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.
2. Appendix D to chapter 7, is
amended by revising paragraphs (a)(2),
(b), and (h) of clause 5 in section 12 to
read as follows:
■
Appendix D to Chapter 7—Direct
USAID Contracts With a U.S. Citizen or
a U.S. Resident Alien for Personal
Services Abroad
*
*
*
*
*
12. General Provisions for a Contract
With a U.S. Citizen or a U.S. Resident
Alien for Personal Services Abroad
*
*
*
*
*
5. Leave and Holidays
*
*
*
*
*
(a) * * *
(2) The contractor will accrue annual
leave based on the contractor’s time in
service according to the table of this
paragraph (a)(2). The accrual rates are
based on a full-time, 40-hour workweek,
which will be prorated if the contract
provides for a shorter workweek:
4 hours of leave for each 2-week period.
6 hours of AL for each 2-week period (including 10 hours AL for the final pay period of a calendar year).
8 hours of AL for each 2-week period.
*
15:55 Aug 15, 2019
Title 48—Federal Acquisition
Regulations System
Annual leave (AL) accrual rate
0 to 3 years .....................................
over 3, and up to 15 years .............
over 15 years ..................................
VerDate Sep<11>2014
41955
Jkt 247001
a new follow-on contract for the same
work at the same place of performance.
The contractor is not authorized to carry
over sick leave to a new contract for a
different position or at a different
location. The contractor will not be
compensated for unused sick leave at
the completion of this contract.
*
*
*
*
*
(h) Compensatory Time. USAID may
grant compensatory time off only with
the written approval of the contracting
officer or Mission Director in rare
PO 00000
Frm 00019
Fmt 4702
Sfmt 9990
instances when it has been determined
absolutely essential and under the
policies that apply to USAID direct-hire
employees. The contractor may use
earned compensatory time off in
accordance with policies that apply to
USAID direct-hire employees.
*
*
*
*
*
Mark A. Walther,
Acting Chief Acquisition Officer.
[FR Doc. 2019–17523 Filed 8–15–19; 8:45 am]
BILLING CODE 6116–01–P
E:\FR\FM\16AUP1.SGM
16AUP1
Agencies
[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Proposed Rules]
[Pages 41954-41955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17523]
=======================================================================
-----------------------------------------------------------------------
AGENCY FOR INTERNATIONAL DEVELOPMENT
48 CFR Chapter 7
RIN 0412-AA86
Agency for International Development Acquisition Regulation
(AIDAR): Leave and Holidays for U.S. Personal Services Contractors,
Including Family and Medical Leave
AGENCY: U.S. Agency for International Development.
ACTION: Supplemental notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Agency for International Development (USAID) hereby
further amends a proposed rule published in the Federal Register on
June 21, 2019 regarding amending the AIDAR to revise the General
Provision contract clause (hereafter ``clause'') 5 entitled ``Leave and
Holidays (APR 1997)'' for U.S. personal services contractors (USPSCs.)
This action addresses conforming changes to annual and sick leave, and
compensatory time off.
DATES: Submit comments on or before August 20, 2019.
ADDRESSES: Submit comments by any of the following methods:
1. Through the Federal eRulemaking Portal at https://www.regulations.gov by following the instructions for submitting
comments.
2. By Mail Addressed to: U.S. Agency for International Development
(USAID), Bureau for Management, Office of Acquisition & Assistance,
Policy Division, Attn: Richard E. Spencer, Room 867-E, SA-44, 1300
Pennsylvania Ave. NW, Washington, DC 20523-2052.
FOR FURTHER INFORMATION CONTACT: Richard E. Spencer, Telephone: 202-
567-4781 or Email: [email protected].
SUPPLEMENTARY INFORMATION: On June 21, 2019 (84 FR 29140), USAID
proposed amending its acquisition regulations by revising the General
Provision contract clause 5 in appendix D of the AIDAR, chapter 7 of
title 48 of the Code of Federal Regulations. Those changes included
revisions and clarifications for all types of leave for USPSCs,
including adding a new provision for family and medical leave. In this
supplemental notice of proposed rulemaking, we are clarifying that both
earning and use of compensatory time off follows the same policies as
apply to USAID direct-hires, and adding language that conforms to
unchanged provisions elsewhere in the regulation about prorating annual
and sick leave accrual rates for less than full-time work.
A. Instructions
All comments must be in writing and submitted through one of the
methods specified in the ADDRESSES section above. USAID encourages all
commenters to include the title of the action and RIN for this
rulemaking. Please include your name, title, organization, postal
address, telephone number, and email address in the text of your
comment.
Please note that USAID recommends sending all comments to the
Federal eRulemaking Portal.
All comments will be made available at https://www.regulations.gov
for public review without change, including any personal information
provided. We recommend that you do not submit information that you
consider confidential business information or any information that is
otherwise protected from disclosure by statute.
USAID will only address comments that are relevant and within the
scope of this proposed rule.
B. Background
USAID is seeking comments on this proposed rule to revise AIDAR
[[Page 41955]]
appendix D as originally published in the Federal Register on June 21,
2019, and as described below for this supplemental notice of proposed
rulemaking:
(1) Annual leave.
This paragraph is clarified to indicate that accrual of annual
leave will be prorated for less than full-time work.
(2) Sick Leave.
This paragraph is clarified to indicate that accrual of sick leave
will be prorated for less than full-time work.
(3) Compensatory Time.
A sentence is added to clarify that both earning and use of
compensatory time off follow the same policies as apply to USAID
direct-hires.
C. Impact assessment
(1) Regulatory Planning and Review. Under E.O. 12866, OIRA has
designated the proposed rule ``significant'' and therefore subject to
the requirements of the E.O. and subject to review by the Office of
Management and Budget (OMB). OIRA has determined that this Rule is not
an ``economically significant regulatory action'' under Section 3(f)(1)
of E.O. 12866. This proposed rule is not a major rule under 5 U.S.C.
804.
The costs and benefit of the revisions described as published in
the Federal Register on June 21 remain unchanged, and there is no
additional impact for the conforming changes proposed by this
supplemental notice of proposed rulemaking.
(2) Regulatory Flexibility Act. The Director, Bureau for
Management, Office of Acquisition and Assistance, acting as the Head of
the Agency for purposes of the Federal Acquisition Regulation,
certifies that this proposed rule will not impact 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.
(3) Paperwork Reduction Act. This proposed rule does not establish
or modify a 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 Chapter 7, Appendix D
Government procurement.
For the reasons discussed in the preamble, 48 CFR chapter 7, as
proposed to be amended on June 21, 2019 at 84 FR 29140, is further
amended as follows:
Title 48--Federal Acquisition Regulations System
Chapter 7--Agency for International Development
0
1. The authority citation for appendix D to 48 CFR chapter 7 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
2. Appendix D to chapter 7, is amended by revising paragraphs (a)(2),
(b), and (h) of clause 5 in section 12 to read as follows:
Appendix D to Chapter 7--Direct USAID Contracts With a U.S. Citizen or
a U.S. Resident Alien for Personal Services Abroad
* * * * *
12. General Provisions for a Contract With a U.S. Citizen or a U.S.
Resident Alien for Personal Services Abroad
* * * * *
5. Leave and Holidays
* * * * *
(a) * * *
(2) The contractor will accrue annual leave based on the
contractor's time in service according to the table of this paragraph
(a)(2). The accrual rates are based on a full-time, 40-hour workweek,
which will be prorated if the contract provides for a shorter workweek:
------------------------------------------------------------------------
Time in service Annual leave (AL) accrual rate
------------------------------------------------------------------------
0 to 3 years...................... 4 hours of leave for each 2-week
period.
over 3, and up to 15 years........ 6 hours of AL for each 2-week period
(including 10 hours AL for the
final pay period of a calendar
year).
over 15 years..................... 8 hours of AL for each 2-week
period.
------------------------------------------------------------------------
* * * * *
(b) Sick Leave. The contractor may use sick leave on the same basis
and for the same purposes as USAID employees. The contractor will
accrue sick leave at a rate not to exceed four (4) hours every two (2)
weeks for a maximum of thirteen (13) work-days per year based on a
full-time, 40-hour workweek, which will be prorated if the contract
provides for a shorter workweek. The contractor may carry over unused
sick leave from year to year under the same contract, and to a new
follow-on contract for the same work at the same place of performance.
The contractor is not authorized to carry over sick leave to a new
contract for a different position or at a different location. The
contractor will not be compensated for unused sick leave at the
completion of this contract.
* * * * *
(h) Compensatory Time. USAID may grant compensatory time off only
with the written approval of the contracting officer or Mission
Director in rare instances when it has been determined absolutely
essential and under the policies that apply to USAID direct-hire
employees. The contractor may use earned compensatory time off in
accordance with policies that apply to USAID direct-hire employees.
* * * * *
Mark A. Walther,
Acting Chief Acquisition Officer.
[FR Doc. 2019-17523 Filed 8-15-19; 8:45 am]
BILLING CODE 6116-01-P