Federal Employees Health Benefits Acquisition Regulations: Self Plus One and Contract Matrix Update, 16907-16910 [2020-06015]
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Federal Register / Vol. 85, No. 58 / Wednesday, March 25, 2020 / Rules and Regulations
ll852.246–70, Guarantee.
The Contractor guarantees the equipment
against defective material, workmanship and
performance for a period of lll[Normally,
insert one year. If industry policy covers a
shorter or longer period, i.e., 90 days or for
the life of the equipment, insert such period.],
said guarantee to run from date of acceptance
of the equipment by the Government. The
Contractor agrees to furnish, without cost to
the Government, replacement of all parts and
material that are found to be defective during
the guarantee period. Replacement of
material and parts will be furnished to the
Government at the point of installation, if
installation is within the continental United
States, or f.o.b. the continental U.S. port to
be designated by the Contracting Officer if
installation is outside of the continental
United States. Cost of installation of
replacement material and parts shall be borne
by the contractor. [The above clause will be
modified to conform to standards of the
industry involved.]
(End of clause)
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ll852.246–71, Inspection or Alternate I.
ll852.246–72, Frozen Processed Foods.
ll852.246–73, Noncompliance with
packaging, packing, and/or marking
requirements.
ll852.270–1, Representatives of
Contracting Officers.
ll852.270–2, Bread and Bakery Products—
Quantities.
ll852.270–3, Purchase of Shellfish.
ll852.271–72, Time Spent by Counselee in
Counseling Process.
ll852.271–73, Use and Publication of
Counseling Results.
ll852.271–74, Inspection.
ll852.271–75, Extension of Contract
Period.
ll852.273–70, Late Offers.
ll852.273–71, Alternative Negotiation
Techniques.
ll852.273–72, Alternative Evaluation.
ll852.273–73, Evaluation—Health-Care
Resources.
ll852.273–74, Award without Exchanges.
(b) When appropriate and in accordance
with the prescriptions for the clause, the
contracting officer may use the following
clause in requests for quotations,
solicitations, and contracts for the acquisition
of commercial items if the contracting officer
determines that the use is consistent with
customary commercial practices:
ll852.211–70, Service Data Manuals or
Alternate I.
(c) All requests for quotations,
solicitations, and contracts for commercial
item services to be provided to beneficiaries
must include the following clause at
ll852.271–70, Nondiscrimination in
Services Provided to Beneficiaries.
(End of clause)
■ 19. Section 852.212–71 is added to
read as follows:
852.212–71
Gray Market Items.
As prescribed in 812.301(f)(2), insert
the following provision in solicitations
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and contracts for new medical
equipment:
Gray Market Items (APR 2020)
(a) No gray market or remanufactured items
will be acceptable. Gray market items are
Original Equipment Manufacturers’ (OEM)
goods sold through unauthorized channels in
direct competition with authorized
distributors. This procurement is for new
OEM medical equipment only for VA
medical facilities.
(b) Vendor shall be an OEM, authorized
dealer, authorized distributor or authorized
reseller for the proposed equipment/system,
verified by an authorization letter or other
documents from the OEM. All software
licensing, warranty and service associated
with the equipment/system shall be in
accordance with the OEM terms and
conditions.
(End of clause)
PART 853—FORMS
20. The authority citation for part 853
is revised to read as follows:
■
Authority: 38 U.S.C. 501; 40 U.S.C. 121(c);
and 48 CFR 1.301 through 1.304.
853.213
■
[Removed]
21. Section 853.213 is removed.
[FR Doc. 2020–05589 Filed 3–24–20; 8:45 am]
BILLING CODE 8320–01–P
OFFICE OF PERSONNEL
MANAGEMENT
48 CFR Parts 1603 and 1652
RIN 3206–AN56
Federal Employees Health Benefits
Acquisition Regulations: Self Plus One
and Contract Matrix Update
Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
The Office of Personnel
Management (OPM) is making a
technical correction to the Federal
Employees Health Benefits Acquisition
Regulations (FEHBAR) to add the self
plus one enrollment type to carrier
advertising instructions. OPM is also
updating and amending the Federal
Employees Health Benefits (FEHB)
Program contract clause matrix.
DATES: This rule is effective March 25,
2020.
FOR FURTHER INFORMATION CONTACT:
Michael W. Kaszynski, Senior Policy
Analyst, at Michael.Kaszynski@
opm.gov.
SUPPLEMENTARY INFORMATION: On April
2, 2019, OPM issued proposed
regulations to the FEHBAR (84 FR
SUMMARY:
PO 00000
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16907
12569) to list a self plus one enrollment
type in carrier advertising instructions.
The proposed rule clarified that carriers
are required to list all current
enrollment types when advertising their
health plans enrollment codes and
premium rates to enrollees. This change
is a technical correction and does not
alter current FEHB family member
eligibility guidelines.
Section 706 of the Bipartisan Budget
Act of 2013 amended chapter 89 of title
5 United States Code by adding a self
plus one enrollment type for Federal
employees and annuitants under the
FEHB Program. The self plus one
enrollment type became available
during the 2015 Open Season for the
2016 plan year and was codified in a
final rule at https://
www.federalregister.gov/documents/
2015/09/17/2015-23348/federalemployees-health-benefits-program-selfplus-one-enrollment-type. A self plus
one enrollment covers the enrollee and
one eligible family member, designated
by the enrollee. Eligible family members
under a self plus one enrollment
include a spouse or eligible child as set
forth in § 890.302 of title 5 CFR.
This final rule amends the FEHBAR at
48 CFR part 1603 to list a self plus one
enrollment type in the advertising
instructions. OPM considers this change
a technical correction as it does not
change the operational requirements of
the FEHB Program and does not alter
current FEHB family member eligibility
guidelines.
This final rule also updates and
amends the contract clause matrix to
align with current FAR and FEHBAR
requirements. OPM publishes
applicable contract clauses and clause
headings in the FEHBAR. Annually,
OPM determines which Federal
Acquisition Regulation (FAR) and
FEHBAR contract clauses are applicable
to FEHB carrier contracts and includes
them in these contracts.
The proposed regulation provided
notice to interested stakeholders that
OPM is updating the FEHBAR contract
clause matrix at 48 CFR 1652.370. This
final regulation updates the contract
clause matrix to align with current FAR
and FEHBAR requirements and include
clauses currently incorporated in all
Federal Employees Health Benefits
(FEHB) Program carrier contracts.
Response to Comments
The 30-day comment period for the
proposed rule ended on May 2, 2019.
OPM received comments from a citizen
and an association of FEHB health
organizations. The citizen commenter,
who supports the regulatory change,
asserted that is important that federal
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workers have a clear ability to see self
and self plus one codes.
OPM also received comments from an
association of health organizations. The
association expressed support for OPM’s
update to the FEHBAR matrix and
suggested a few technical corrections.
The commenter stated that the title at
FAR 52.204–7 should read ‘‘Award
Management.’’ This change has been
incorporated into this final rule.
The commenter also proposed a
change at FAR 52.203–19 (Prohibition
on Requiring Certain Internal
Confidentiality Agreements or
Statements) to apply this clause to only
community rated carrier contracts. FAR
3.909–3(b)(1) directs us to include the
clause at 52.203–19, Prohibition on
Requiring Certain Internal
Confidentiality Agreements or
Statements, in all solicitations and
resultant contracts, other than personal
services contracts with individuals.
Therefore, no change has been made to
the final rule based on this comment.
The commenter stated that FAR
Clause 52.204–9, captioned ‘‘Personnel
Identity Verification of Contractor
Personnel’’ applies to experience rated
carrier contracts based on their use of
OPM’s letter of credit system but
suggested that the clause does not apply
to community rated carriers. OPM
agrees with this comment. Accordingly,
the ‘‘T’’ has been removed from
community rated carrier contracts
column of the matrix for this clause.
The commenter recommended that
we adopt FAR 52.204–23 (Prohibition
on Contracting for Hardware, Software,
and Services Developed or Provided by
Kaspersky Lab and Other Covered
Entities) for both community rated and
experience rated carrier contracts. We
agree that this is an appropriate change,
so we have added the clause to the
matrix for both experience rated and
community rated carrier contracts.
The commenter also proposed that we
update the FEHBAR Truth in
Negotiations Act (TINA) threshold. The
FEHBAR contract clauses that reference
the TINA dollar threshold state that the
threshold shall be adjusted by the same
amount and at the same time as any
change to the threshold for application
of the Truth in Negotiations Act
pursuant to 41 U.S.C. 254b(a)(7).
Therefore, the clauses are self-updating
and there is no need to further update
the FEHBAR.
Regulatory Impact Analysis
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
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approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 also emphasizes
the importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule is not a significant
regulatory action under E.O. 12866.
Reducing Regulation and Controlling
Regulatory Costs
This final rule is not an E.O. 13771
regulatory action because is not
significant under E.O. 12866.
Regulatory Flexibility Act
The Office of Personnel Management
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities.
Federalism
We have examined this rule in
accordance with Executive Order 13132,
Federalism, and have determined that
this rule will not have any negative
impact on the rights, roles and
responsibilities of state, local, or tribal
governments.
Civil Justice Reform
This regulation meets the applicable
standard set forth in Executive Order
12988.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Congressional Review Act
Paperwork Reduction Act
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to a
penalty for failure to comply with a
Frm 00022
Fmt 4700
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List of Subjects in 48 CFR Parts 1603
and 1652
Government employees, Government
procurement, Health insurance,
Reporting and recordkeeping
requirements.
Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
Accordingly, OPM amends title 48,
Code of Federal Regulations, parts 1603
and 1652, as follows:
PART 1603—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
1. The authority citation for part 1603
continues to read as follows:
■
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c);
48 CFR 1.301.
2. In § 1603.7002, paragraph (e) is
revised to read as follows:
■
This action pertains to agency
management, personnel, and
organization and does not substantially
affect the rights or obligations of no
agency parties and, accordingly, is not
a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
PO 00000
collection of information subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule
involves an OMB approved collection of
information subject to the PRA—OMB
No. 3206–0160, Health Benefits Election
Form. The public reporting burden for
this collection is estimated to average 30
minutes per response, including time
for reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information. The total burden hour
estimate for this form is 9,000 hours.
The systems of record notice for this
collection is: OPM/Central 1 Civil
Service Retirement and Insurance
Records, available at https://
www.opm.gov/informationmanagement/privacy-policy/sorn/opmsorn-central-1-civil-service-retirementand-insurance-records.pdf.
1603.7002
Additional guidelines.
*
*
*
*
*
(e)(1) Not give instructions on
enrollment. Statements on enrollment
procedures, requirements, or eligibility
shall be limited to those such as: To sign
up, fill out a Health Benefits Election
Form (Standard Form 2809) from your
personnel office indicating the
enrollment you want or use your
agency’s electronic enrollment system.
(2) The enrollment codes for (plan’s
name) are:
(i) Self Only ll Enrollment Code ll
(i) Self Plus One ll Enrollment Code
ll
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(iii) Self and Family ll Enrollment
Code ll
PART 1652—CONTRACT CLAUSES
(3) The form must then be returned to
your personnel office before the (date)
deadline. Your (plan’s name) coverage
will begin the first pay period in
January, (year). If you are a retired
Federal employee and need forms,
contact the Office of Personnel
Management, 1900 E Street NW, Attn:
Retirement Benefits Branch,
Washington, DC 20415 or visit
www.opm.gov/forms.
*
*
*
*
*
3. The authority citation for part 1652
continues to read as follows:
■
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c);
48 CFR 1.301.
4. Section 1652.370 is revised to read
as follows
■
1652.370
Use of the matrix.
(a) The matrix in this section lists the
FAR and FEHBAR clauses to be used
with contracts based on cost analysis
and contracts based on a combination of
cost and price analysis. Carriers shall
submit initial applications and requests
for renewals on the basis that the new
16909
contract or contract renewal will
include the clauses indicated.
(b) Certain contract clauses are
mandatory for FEHBP contracts. Other
clauses are to be used only when made
applicable by pertinent sections of the
FAR or FEHBAR. An ‘‘M’’ in the ‘‘Use
Status’’ column indicates that the clause
is mandatory. An ‘‘A’’ indicates that the
clause is to be used only when the
applicable conditions are met.
(c) Clauses are incorporated in the
contract either in full text or by
reference. If the full text is to be used,
the matrix indicates a ‘‘T’’. If the clause
is incorporated by reference, the matrix
indicates an ‘‘R’’.
FEHBP CLAUSE MATRIX
Title
Use status
Use with
experience
rated contracts
Use with
community
rated contracts
Definitions ...............................................................................
Gratuities ................................................................................
Covenant Against Contingent Fees .......................................
Anti-Kickback Procedures ......................................................
Limitation on Payments to Influence Certain Federal Transactions.
Contractor Code of Business Ethics and Conduct ................
Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights.
Prohibition Requiring Internal Confidentiality Agreements or
Statements.
System For Award Management ...........................................
Personnel Identity Verification of Contractor Personnel ........
Basic Safeguarding of Contractor Information Systems ........
Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and
Other Covered Entities.
Updates of Publicly Available Information Regarding Responsibility Matters.
Misleading, Deceptive, or Unfair Advertising .........................
Contractor Records Retention ................................................
Coordination of Benefits .........................................................
Filing Health Benefit Claims/Court Review of Disputed
Claims.
Taxpayer Identification Number .............................................
Large Provider Agreements ...................................................
Protecting the Government’s Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment.
Audit & Records—Negotiation ...............................................
Price Reduction for Defective Cost or Pricing Data ..............
Subcontractor Certified Cost or Pricing Data .........................
Pension Adjustments and Asset Reversions .........................
Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.
Rate Reduction for Defective Pricing or Defective Cost or
Pricing Data.
Investment Income .................................................................
Accounting and Price Adjustment ..........................................
Accounting and Allowable Cost .............................................
Utilization of Small Business Concerns .................................
Notice to the Government of Labor Disputes ........................
Convict Labor .........................................................................
Contract Work Hours and Safety Standards Act—Overtime
Compensation.
Prohibition of Segregated Facilities .......................................
Equal Opportunity ...................................................................
Notification of Visa Denial ......................................................
Equal Opportunity for Veterans ..............................................
Equal Opportunity for Workers With Disabilities ....................
M
M
M
M
M
T
T
T
T
T
T
T
T
T
T
M
M
T
T
T
T
M
T
T
M
M
M
M
T
T
T
T
T
........................
T
T
M
T
........................
M
M
M
M
T
T
T
T
T
T
T
T
M
M
M
T
T
T
T
........................
T
M
M
M
M
M
T
T
T
T
T
T
........................
........................
........................
........................
M
T
T
M
M
M
M
M
M
M
T
........................
T
T
T
T
T
........................
T
........................
T
T
T
T
M
M
A
M
M
T
T
T
T
T
T
T
T
T
T
Clause
FAR
FAR
FAR
FAR
FAR
52.202–1 .........................
52.203–3 .........................
52.203–5 .........................
52.203–7 .........................
52.203–12 .......................
FAR 52.203–13 .......................
FAR 52.203–17 .......................
FAR 52.203–19 .......................
FAR
FAR
FAR
FAR
52.204–7 .........................
52.204–9 .........................
52.204–21 .......................
52.204–23 .......................
FAR 52.209–9 .........................
1652.203–70
1652.204–70
1652.204–71
1652.204–72
...........................
...........................
...........................
...........................
1652.204–73 ...........................
1652.204–74 ...........................
FAR 52.209–6 .........................
FAR
FAR
FAR
FAR
FAR
52.215–2 .........................
52.215–10 .......................
52.215–12 .......................
52.215–15 .......................
52.215–18 .......................
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1652.215–70 ...........................
1652.215–71 ...........................
1652.216–70 ...........................
1652.216–71 ...........................
FAR 52.219–8 .........................
FAR 52.222–1 .........................
FAR 52.222–3 .........................
FAR 52.222–4 .........................
FAR
FAR
FAR
FAR
FAR
52.222–21
52.222–26
52.222–29
52.222–35
52.222–36
VerDate Sep<11>2014
.......................
.......................
.......................
.......................
.......................
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Federal Register / Vol. 85, No. 58 / Wednesday, March 25, 2020 / Rules and Regulations
FEHBP CLAUSE MATRIX—Continued
Clause
Title
Use status
Use with
experience
rated contracts
Use with
community
rated contracts
FAR 52.222–37 .......................
FAR 52.222–50 .......................
FAR 52.222.54 ........................
1652.222–70 ...........................
FAR 52.223–6 .........................
FAR 52.223–18 .......................
Employment Reports on Veterans .........................................
Combating Trafficking in Persons ..........................................
Employment Eligibility Verification .........................................
Notice of Significant Events ...................................................
Drug-Free Workplace .............................................................
Encouraging Contractor Policies to Ban Text Messaging
While Driving.
Confidentiality of Records ......................................................
Authorization and Consent .....................................................
Notice and Assistance Regarding Patent and Copyright Infringement.
Federal, State and Local Taxes (State and local Adjustments.
Taxes—Foreign Negotiated Benefits Contracts .....................
Discounts for Prompt Payment ..............................................
Interest ....................................................................................
Assignment of Claims ............................................................
Payment by Electronic Funds Transfer—System for Awards
Management.
Payments—Community-Rated Contracts ..............................
Payments—Experience-Rated Contracts ...............................
Non-Commingling of FEHBP Funds ......................................
Approval for Assignment of Claims ........................................
Disputes ..................................................................................
Applicable Law for Breach of Contract Claim ........................
Privacy or Security Safeguards ..............................................
Notice of Intent to Disallow Costs ..........................................
Penalties for Unallowable Costs ............................................
Bankruptcy ..............................................................................
Changes—Negotiated Benefits Contracts .............................
Competition in Subcontracting ...............................................
Subcontracts for Commercial Items .......................................
Subcontracts ...........................................................................
Government Property (Negotiated Benefits Contracts) .........
Limitation of Liability—Services .............................................
FEHB Inspection ....................................................................
Preference for U.S.-Flag Air Carriers .....................................
Renewal and Withdrawal of Approval ....................................
FEHBP Termination for Convenience of the Government—
Negotiated Benefits Contracts.
FEHBP Termination for Default—Negotiated Benefits Contracts.
Government Supply Sources .................................................
Alterations in Contract ............................................................
Authorized Deviations in Clauses ..........................................
M
M
M
M
A
M
T
T
T
T
T
T
T
T
T
T
T
T
M
M
M
T
T
T
T
T
T
M
T
T
A
M
M
A
M
T
T
T
T
T
T
T
T
T
T
A
A
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
........................
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
........................
........................
T
T
T
T
........................
........................
T
T
........................
........................
........................
T
........................
T
T
T
T
M
T
T
A
A
M
T
T
T
........................
T
T
1652.224–70 ...........................
FAR 52.227–1 .........................
FAR 52.227–2 .........................
FAR 52.229–4 .........................
1652.229–70 ...........................
FAR 52.232–8 .........................
FAR 52.232–17 .......................
FAR 52.232–23 .......................
FAR 52.232–33 .......................
1652.232–70 ...........................
1652.232–71 ...........................
1652.232–72 ...........................
1652.232–73 ...........................
FAR 52.233–1 .........................
FAR 52.233–4 .........................
FAR 52.239–1 .........................
FAR 52.242–1 .........................
FAR 52.242–3 .........................
FAR 52.242–13 .......................
1652.243–70 ...........................
FAR 52.244–5 .........................
FAR 52.244–6 .........................
1652.244–70 ...........................
1652.245–70 ...........................
FAR 52.246–25 .......................
1652.246–70 ...........................
FAR 52.247–63 .......................
1652.249–70 ...........................
1652.249–71 ...........................
1652.249–72 ...........................
FAR 52.251–1 .........................
FAR 52.252–4 .........................
FAR 52.252–6 .........................
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]]>Agencies
[Federal Register Volume 85, Number 58 (Wednesday, March 25, 2020)]
[Rules and Regulations]
[Pages 16907-16910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06015]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
48 CFR Parts 1603 and 1652
RIN 3206-AN56
Federal Employees Health Benefits Acquisition Regulations: Self
Plus One and Contract Matrix Update
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is making a technical
correction to the Federal Employees Health Benefits Acquisition
Regulations (FEHBAR) to add the self plus one enrollment type to
carrier advertising instructions. OPM is also updating and amending the
Federal Employees Health Benefits (FEHB) Program contract clause
matrix.
DATES: This rule is effective March 25, 2020.
FOR FURTHER INFORMATION CONTACT: Michael W. Kaszynski, Senior Policy
Analyst, at [email protected].
SUPPLEMENTARY INFORMATION: On April 2, 2019, OPM issued proposed
regulations to the FEHBAR (84 FR 12569) to list a self plus one
enrollment type in carrier advertising instructions. The proposed rule
clarified that carriers are required to list all current enrollment
types when advertising their health plans enrollment codes and premium
rates to enrollees. This change is a technical correction and does not
alter current FEHB family member eligibility guidelines.
Section 706 of the Bipartisan Budget Act of 2013 amended chapter 89
of title 5 United States Code by adding a self plus one enrollment type
for Federal employees and annuitants under the FEHB Program. The self
plus one enrollment type became available during the 2015 Open Season
for the 2016 plan year and was codified in a final rule at https://www.federalregister.gov/documents/2015/09/17/2015-23348/federal-employees-health-benefits-program-self-plus-one-enrollment-type. A self
plus one enrollment covers the enrollee and one eligible family member,
designated by the enrollee. Eligible family members under a self plus
one enrollment include a spouse or eligible child as set forth in Sec.
890.302 of title 5 CFR.
This final rule amends the FEHBAR at 48 CFR part 1603 to list a
self plus one enrollment type in the advertising instructions. OPM
considers this change a technical correction as it does not change the
operational requirements of the FEHB Program and does not alter current
FEHB family member eligibility guidelines.
This final rule also updates and amends the contract clause matrix
to align with current FAR and FEHBAR requirements. OPM publishes
applicable contract clauses and clause headings in the FEHBAR.
Annually, OPM determines which Federal Acquisition Regulation (FAR) and
FEHBAR contract clauses are applicable to FEHB carrier contracts and
includes them in these contracts.
The proposed regulation provided notice to interested stakeholders
that OPM is updating the FEHBAR contract clause matrix at 48 CFR
1652.370. This final regulation updates the contract clause matrix to
align with current FAR and FEHBAR requirements and include clauses
currently incorporated in all Federal Employees Health Benefits (FEHB)
Program carrier contracts.
Response to Comments
The 30-day comment period for the proposed rule ended on May 2,
2019. OPM received comments from a citizen and an association of FEHB
health organizations. The citizen commenter, who supports the
regulatory change, asserted that is important that federal
[[Page 16908]]
workers have a clear ability to see self and self plus one codes.
OPM also received comments from an association of health
organizations. The association expressed support for OPM's update to
the FEHBAR matrix and suggested a few technical corrections. The
commenter stated that the title at FAR 52.204-7 should read ``Award
Management.'' This change has been incorporated into this final rule.
The commenter also proposed a change at FAR 52.203-19 (Prohibition
on Requiring Certain Internal Confidentiality Agreements or Statements)
to apply this clause to only community rated carrier contracts. FAR
3.909-3(b)(1) directs us to include the clause at 52.203-19,
Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements, in all solicitations and resultant contracts, other than
personal services contracts with individuals. Therefore, no change has
been made to the final rule based on this comment.
The commenter stated that FAR Clause 52.204-9, captioned
``Personnel Identity Verification of Contractor Personnel'' applies to
experience rated carrier contracts based on their use of OPM's letter
of credit system but suggested that the clause does not apply to
community rated carriers. OPM agrees with this comment. Accordingly,
the ``T'' has been removed from community rated carrier contracts
column of the matrix for this clause.
The commenter recommended that we adopt FAR 52.204-23 (Prohibition
on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities) for both
community rated and experience rated carrier contracts. We agree that
this is an appropriate change, so we have added the clause to the
matrix for both experience rated and community rated carrier contracts.
The commenter also proposed that we update the FEHBAR Truth in
Negotiations Act (TINA) threshold. The FEHBAR contract clauses that
reference the TINA dollar threshold state that the threshold shall be
adjusted by the same amount and at the same time as any change to the
threshold for application of the Truth in Negotiations Act pursuant to
41 U.S.C. 254b(a)(7). Therefore, the clauses are self-updating and
there is no need to further update the FEHBAR.
Regulatory Impact Analysis
Executive Orders 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, distribute impacts, and equity). Executive
Order 13563 also emphasizes the importance of quantifying both costs
and benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule is not a significant regulatory action under
E.O. 12866.
Reducing Regulation and Controlling Regulatory Costs
This final rule is not an E.O. 13771 regulatory action because is
not significant under E.O. 12866.
Regulatory Flexibility Act
The Office of Personnel Management certifies that this rule will
not have a significant economic impact on a substantial number of small
entities.
Federalism
We have examined this rule in accordance with Executive Order
13132, Federalism, and have determined that this rule will not have any
negative impact on the rights, roles and responsibilities of state,
local, or tribal governments.
Civil Justice Reform
This regulation meets the applicable standard set forth in
Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of no agency parties and, accordingly, is not a ``rule'' as
that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
Paperwork Reduction Act
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This rule involves an
OMB approved collection of information subject to the PRA--OMB No.
3206-0160, Health Benefits Election Form. The public reporting burden
for this collection is estimated to average 30 minutes per response,
including time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. The total burden hour estimate
for this form is 9,000 hours. The systems of record notice for this
collection is: OPM/Central 1 Civil Service Retirement and Insurance
Records, available at https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-central-1-civil-service-retirement-and-insurance-records.pdf.
List of Subjects in 48 CFR Parts 1603 and 1652
Government employees, Government procurement, Health insurance,
Reporting and recordkeeping requirements.
Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
Accordingly, OPM amends title 48, Code of Federal Regulations,
parts 1603 and 1652, as follows:
PART 1603--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
1. The authority citation for part 1603 continues to read as follows:
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301.
0
2. In Sec. 1603.7002, paragraph (e) is revised to read as follows:
1603.7002 Additional guidelines.
* * * * *
(e)(1) Not give instructions on enrollment. Statements on
enrollment procedures, requirements, or eligibility shall be limited to
those such as: To sign up, fill out a Health Benefits Election Form
(Standard Form 2809) from your personnel office indicating the
enrollment you want or use your agency's electronic enrollment system.
(2) The enrollment codes for (plan's name) are:
(i) Self Only __ Enrollment Code __
(i) Self Plus One __ Enrollment Code __
[[Page 16909]]
(iii) Self and Family __ Enrollment Code __
(3) The form must then be returned to your personnel office before
the (date) deadline. Your (plan's name) coverage will begin the first
pay period in January, (year). If you are a retired Federal employee
and need forms, contact the Office of Personnel Management, 1900 E
Street NW, Attn: Retirement Benefits Branch, Washington, DC 20415 or
visit www.opm.gov/forms.
* * * * *
PART 1652--CONTRACT CLAUSES
0
3. The authority citation for part 1652 continues to read as follows:
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301.
0
4. Section 1652.370 is revised to read as follows
1652.370 Use of the matrix.
(a) The matrix in this section lists the FAR and FEHBAR clauses to
be used with contracts based on cost analysis and contracts based on a
combination of cost and price analysis. Carriers shall submit initial
applications and requests for renewals on the basis that the new
contract or contract renewal will include the clauses indicated.
(b) Certain contract clauses are mandatory for FEHBP contracts.
Other clauses are to be used only when made applicable by pertinent
sections of the FAR or FEHBAR. An ``M'' in the ``Use Status'' column
indicates that the clause is mandatory. An ``A'' indicates that the
clause is to be used only when the applicable conditions are met.
(c) Clauses are incorporated in the contract either in full text or
by reference. If the full text is to be used, the matrix indicates a
``T''. If the clause is incorporated by reference, the matrix indicates
an ``R''.
FEHBP Clause Matrix
----------------------------------------------------------------------------------------------------------------
Use with Use with
Clause Title Use status experience community rated
rated contracts contracts
----------------------------------------------------------------------------------------------------------------
FAR 52.202-1...................... Definitions.............. M T T
FAR 52.203-3...................... Gratuities............... M T T
FAR 52.203-5...................... Covenant Against M T T
Contingent Fees.
FAR 52.203-7...................... Anti-Kickback Procedures. M T T
FAR 52.203-12..................... Limitation on Payments to M T T
Influence Certain
Federal Transactions.
FAR 52.203-13..................... Contractor Code of M T T
Business Ethics and
Conduct.
FAR 52.203-17..................... Contractor Employee M T T
Whistleblower Rights and
Requirement to Inform
Employees of
Whistleblower Rights.
FAR 52.203-19..................... Prohibition Requiring M T T
Internal Confidentiality
Agreements or Statements.
FAR 52.204-7...................... System For Award M T T
Management.
FAR 52.204-9...................... Personnel Identity M T ...............
Verification of
Contractor Personnel.
FAR 52.204-21..................... Basic Safeguarding of M T T
Contractor Information
Systems.
FAR 52.204-23..................... Prohibition on M T T
Contracting for
Hardware, Software, and
Services Developed or
Provided by Kaspersky
Lab and Other Covered
Entities.
FAR 52.209-9...................... Updates of Publicly M T ...............
Available Information
Regarding Responsibility
Matters.
1652.203-70....................... Misleading, Deceptive, or M T T
Unfair Advertising.
1652.204-70....................... Contractor Records M T T
Retention.
1652.204-71....................... Coordination of Benefits. M T T
1652.204-72....................... Filing Health Benefit M T T
Claims/Court Review of
Disputed Claims.
1652.204-73....................... Taxpayer Identification M T T
Number.
1652.204-74....................... Large Provider Agreements M T ...............
FAR 52.209-6...................... Protecting the M T T
Government's Interest
When Subcontracting With
Contractors Debarred,
Suspended, or Proposed
for Debarment.
FAR 52.215-2...................... Audit & Records-- M T T
Negotiation.
FAR 52.215-10..................... Price Reduction for M T ...............
Defective Cost or
Pricing Data.
FAR 52.215-12..................... Subcontractor Certified M T ...............
Cost or Pricing Data.
FAR 52.215-15..................... Pension Adjustments and M T ...............
Asset Reversions.
FAR 52.215-18..................... Reversion or Adjustment M T ...............
of Plans for
Postretirement Benefits
(PRB) Other Than
Pensions.
1652.215-70....................... Rate Reduction for M T T
Defective Pricing or
Defective Cost or
Pricing Data.
1652.215-71....................... Investment Income........ M T ...............
1652.216-70....................... Accounting and Price M ............... T
Adjustment.
1652.216-71....................... Accounting and Allowable M T ...............
Cost.
FAR 52.219-8...................... Utilization of Small M T T
Business Concerns.
FAR 52.222-1...................... Notice to the Government M T T
of Labor Disputes.
FAR 52.222-3...................... Convict Labor............ M T T
FAR 52.222-4...................... Contract Work Hours and M T T
Safety Standards Act--
Overtime Compensation.
FAR 52.222-21..................... Prohibition of Segregated M T T
Facilities.
FAR 52.222-26..................... Equal Opportunity........ M T T
FAR 52.222-29..................... Notification of Visa A T T
Denial.
FAR 52.222-35..................... Equal Opportunity for M T T
Veterans.
FAR 52.222-36..................... Equal Opportunity for M T T
Workers With
Disabilities.
[[Page 16910]]
FAR 52.222-37..................... Employment Reports on M T T
Veterans.
FAR 52.222-50..................... Combating Trafficking in M T T
Persons.
FAR 52.222.54..................... Employment Eligibility M T T
Verification.
1652.222-70....................... Notice of Significant M T T
Events.
FAR 52.223-6...................... Drug-Free Workplace...... A T T
FAR 52.223-18..................... Encouraging Contractor M T T
Policies to Ban Text
Messaging While Driving.
1652.224-70....................... Confidentiality of M T T
Records.
FAR 52.227-1...................... Authorization and Consent M T T
FAR 52.227-2...................... Notice and Assistance M T T
Regarding Patent and
Copyright Infringement.
FAR 52.229-4...................... Federal, State and Local M T T
Taxes (State and local
Adjustments.
1652.229-70....................... Taxes--Foreign Negotiated A T T
Benefits Contracts.
FAR 52.232-8...................... Discounts for Prompt M T T
Payment.
FAR 52.232-17..................... Interest................. M T T
FAR 52.232-23..................... Assignment of Claims..... A T T
FAR 52.232-33..................... Payment by Electronic M T T
Funds Transfer--System
for Awards Management.
1652.232-70....................... Payments--Community-Rated A ............... T
Contracts.
1652.232-71....................... Payments--Experience- A T ...............
Rated Contracts.
1652.232-72....................... Non-Commingling of FEHBP M T ...............
Funds.
1652.232-73....................... Approval for Assignment M T T
of Claims.
FAR 52.233-1...................... Disputes................. M T T
FAR 52.233-4...................... Applicable Law for Breach M T T
of Contract Claim.
FAR 52.239-1...................... Privacy or Security M T T
Safeguards.
FAR 52.242-1...................... Notice of Intent to M T ...............
Disallow Costs.
FAR 52.242-3...................... Penalties for Unallowable M T ...............
Costs.
FAR 52.242-13..................... Bankruptcy............... M T T
1652.243-70....................... Changes--Negotiated M T T
Benefits Contracts.
FAR 52.244-5...................... Competition in M T ...............
Subcontracting.
FAR 52.244-6...................... Subcontracts for M T ...............
Commercial Items.
1652.244-70....................... Subcontracts............. M T ...............
1652.245-70....................... Government Property M T T
(Negotiated Benefits
Contracts).
FAR 52.246-25..................... Limitation of Liability-- M T ...............
Services.
1652.246-70....................... FEHB Inspection.......... M T T
FAR 52.247-63..................... Preference for U.S.-Flag M T T
Air Carriers.
1652.249-70....................... Renewal and Withdrawal of M T T
Approval.
1652.249-71....................... FEHBP Termination for M T T
Convenience of the
Government--Negotiated
Benefits Contracts.
1652.249-72....................... FEHBP Termination for M T T
Default--Negotiated
Benefits Contracts.
FAR 52.251-1...................... Government Supply Sources A T ...............
FAR 52.252-4...................... Alterations in Contract.. A T T
FAR 52.252-6...................... Authorized Deviations in M T T
Clauses.
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[FR Doc. 2020-06015 Filed 3-24-20; 8:45 am]
BILLING CODE 6325-63-P
