Defense Federal Acquisition Regulation Supplement: Treatment of Certain Items as Commercial Items (DFARS Case 2019-D029); Correction, 65733-65734 [2020-22752]
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Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Rules and Regulations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Administration for Children and
Families
48 CFR Parts 204, 212, 217, and 252
45 CFR Parts 1304 and 1305
[Docket DARS–2020–0034]
RIN 0970–AC77
RIN 0750–AK81
Head Start Designation Renewal
System
Defense Federal Acquisition
Regulation Supplement: Assessing
Contractor Implementation of
Cybersecurity Requirements (DFARS
Case 2019–D041); Correction
Office of Head Start (OHS),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS).
AGENCY:
ACTION:
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule; correction.
Final rule; delay of effective
This document delays the
effective date of the final rule entitled
‘‘Head Start Designation Renewal
System,’’ published in the Federal
Register on August 28, 2020. As
published, the rule was to be effective
October 27, 2020. ACF is postponing the
effective date of the rule to November 9,
2020.
SUMMARY:
The effective date for the rule
amending 45 CFR parts 1304 and 1305,
published at 85 FR 53189 on August 28,
2020, is delayed until November 9,
2020.
DATES:
FOR FURTHER INFORMATION CONTACT:
Colleen Rathgeb, Office of Head Start, at
HeadStart@eclkc.info or 1–866–763–
6481. Deaf and hearing impaired
individuals may call the Federal Dual
Party Relay Service at 1–800–877–8339
between 8:00 a.m. and 7:00 p.m. Eastern
Standard Time.
On August
28, 2020, ACF published a rule refining
how the Office of Head Start uses
deficiencies, Classroom Assessment
Scoring System: Pre-K (CLASS®) scores,
and audit findings for designation
renewal. The rule also streamlines and
updates the regulatory provisions on
designation renewal to make them
easier to understand. The effective date
of the rule has been delayed from
October 27, 2020, to November 9, 2020.
SUPPLEMENTARY INFORMATION:
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Dated: October 7, 2020.
Lynn A. Johnson,
Assistant Secretary for Children and Families.
[FR Doc. 2020–22960 Filed 10–15–20; 8:45 am]
BILLING CODE 4184–01–P
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Contractor Implementation of
Cybersecurity Requirements’’. The
document’s heading, on page 61505, in
the first column, contained the incorrect
RIN 0750–AJ81. The correct RIN is ‘‘RIN
0750–AK81’’ and is in the heading of
this correction.
Jennifer D. Johnson,
Regulatory Control Officer, Defense
Acquisition Regulations System.
[FR Doc. 2020–22753 Filed 10–15–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
AGENCY:
date.
Approved: October 8, 2020.
Alex M. Azar II,
Secretary.
65733
DoD is correcting interim
regulations that published in the
Federal Register on September 29, 2020.
The document heading carried an
incorrect Regulation Identifier Number
(RIN). This document reflects the
correct RIN.
DATES: Effective date: The correction is
effective October 16, 2020.
Comment due date: Comments for the
interim rule published September 29,
2020, at 85 FR 61505, continue to be
accepted on or before November 30,
2020, to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2019–D041,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search for
‘‘DFARS Case 2019–D041’’. Select
‘‘Comment Now’’ and follow the
instructions provided to submit a
comment. Please include ‘‘DFARS Case
2019–D041’’ on any attached
documents.
• Email: osd.dfars@mail.mil. Include
DFARS Case 2019–D041 in the subject
line of the message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
OUSD(A&S)DPC(DARS), Room 3B938,
3060 Defense Pentagon, Washington, DC
20301–3060. Telephone 571–372–6100.
SUPPLEMENTARY INFORMATION: On
September 29, 2020, DoD published an
interim rule in the Federal Register at
85 FR 61505 titled ‘‘Assessing
SUMMARY:
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Defense Acquisition Regulations
System
48 CFR Part 252
[Docket DARS–2019–0052]
RIN 0750–AK66
Defense Federal Acquisition
Regulation Supplement: Treatment of
Certain Items as Commercial Items
(DFARS Case 2019–D029); Correction
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Correcting amendment.
AGENCY:
DoD is correcting final
regulations that published in the
Federal Register on September 29, 2020,
to reflect that the clause date for the
DFARS section on subcontracts for
commercial items should be ‘‘(OCT
2020)’’.
SUMMARY:
DATES:
Effective October 16, 2020.
Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
OUSD(A&S) DPC(DARS), Room 3B938,
3060 Defense Pentagon, Washington, DC
20301–3060. Telephone 571–372–6100.
SUPPLEMENTARY INFORMATION: On
September 29, 2020, DoD published in
the Federal Register at 85 FR 60918 a
final rule titled ‘‘Treatment of Certain
Items as Commercial Items’’. The
purpose of this correction is to reflect
that the clause date for DFARS 252.244–
7000, Subcontracts for Commercial
Items, should be ‘‘(OCT 2020)’’ and not
‘‘(SEP 2020)’’ as published in the final
rule.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer D. Johnson,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 252 is
amended as follows:
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65734
Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Rules and Regulations
the General Provision contract clause 5
in Section 12 of Appendix D, entitled
‘‘Leave and Holidays.’’ The revisions to
General Provision contract clause 5 in
Section 12 are as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 252 continues to read as follows:
■
(1) Annual Leave.
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
252.244–7000
[Amended]
2. Amend section 252.244–7000 by
removing the clause date of ‘‘(SEP
2020)’’ and adding ‘‘(OCT 2020)’’ in its
place.
■
[FR Doc. 2020–22752 Filed 10–15–20; 8:45 am]
BILLING CODE 5001–01–P
AGENCY FOR INTERNATIONAL
DEVELOPMENT
48 CFR Chapter 7
RIN 0412–AA86
Leave and Holidays for U.S. Personal
Services Contractors, Including Family
and Medical Leave
U.S. Agency for International
Development.
ACTION: Final rule.
AGENCY:
The rule amends the AIDAR’s
provisions that pertain to the General
Provision contract clause 5 (hereafter
‘‘clause’’), entitled ‘‘Leave and Holidays
(APR 1997).
DATES: Effective Date: November 16,
2020.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Richard E. Spencer, Procurement
Analyst, by phone at 202–916–2629, or
email at rspencer@usaid.gov, for
clarification of content or information
pertaining to status or publication
schedules. All communications
regarding this rule must cite AIDAR RIN
No. 0412–AA86.
SUPPLEMENTARY INFORMATION:
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A. Background
The U.S. Agency for International
Development (USAID) published a
proposed rule on June 21, 2019 (84 FR
29140), with a supplemental notice on
August 16, 2019 (84 FR 41954), to
amend Section 12 of Appendix D of the
AIDAR by revising General Provision
contract clause 5 and its related
provisions. The public comment period
closed on August 20, 2019, and USAID
received 142 comments. The revisions
to Appendix D of the AIDAR made by
this final rule are as follows.
USAID is revising Section 4 of
Appendix D of the AIDAR to make the
prescription for Annual and Sick Leave
in Paragraph (c)(2)(ix) consistent with
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• The title of the clause changes from
‘‘Vacation Leave’’ to ‘‘Annual Leave,’’ to
be consistent with Paragraph (c)(2)(ix) of
Section 4 of this Appendix, as well as
USAID’s time-keeping system, and the
Family and Medical Leave Act of 1993,
as amended (FMLA), which allows for
the use of ‘‘Annual’’ leave.
• The rule clarifies the provision
regarding the minimum 90-day period
of continuous performance required for
a USAID U.S. Personal Services
Contractor (USPSC) to accrue Annual
Leave.
• The terms ‘‘tour,’’ ‘‘tour of duty,’’
and ‘‘employee’’ change to ‘‘period of
performance’’ and ‘‘contractor,’’ to be
consistent with USAID’s current
contractual terminology.
• The rule clarifies the accrual of
Annual Leave to indicate USAID will
prorate it for less-than-full-time work.
• Annual-leave accrual rates broaden
to include former service as a USAID
USPSC under any statutory authority,
and former service as a U.S.
Government civilian and/or honorable
service as an active-duty member of the
U.S. Uniformed Services, by using the
definition from Section 2101 of Title 5
of the U.S. Code (U.S.C.). The clause
also specifies the documents a USAID
Contracting Officer (CO) may review as
evidence of a USPSC’s prior service.
This change is intended to expand the
Agency’s market base for USPSCs and
attract former U.S. Government
employees with relevant skills to
participate in the competitive process
for hiring them.
• USAID caps the maximum amount
of annual leave a USPSC may carry over
from one calendar year to the next
during the period of a contract at 240
hours, consistent with the same
restriction the Agency imposes on its
U.S. direct-hire (USDH) employees. This
change will also eliminate the need for
making manual entries in the Agency’s
time-keeping system to reinstate
forfeited leave automatically cancelled
in the time-keeping system at the end of
each calendar year.
• The rule clarifies the conditions
that allow a USPSC to avoid forfeiting
Annual Leave; endorsement by a
Mission Director is no longer required
for a CO to approve these conditions,
and a Determinations and Findings
(D&F) is now required before the
authorization of a lump-sum payment.
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• USPSCs who are performing at
USAID’s headquarters in Washington,
DC, require approval by the cognizant
Assistant Administrator (AA) for
advanced Annual Leave. Also, the
maximum amount of advanced leave an
AA may approve is limited to what a
USPSC could earn in a 12-month
period, or over the life of his or her
contract, whichever is less.
(2) Sick Leave.
• The rule amends the paragraph to
clarify that the USPSC may take Sick
Leave based on the same standards that
apply to USAID’s USDH employees.
• The rule clarifies the paragraph to
indicate that USAID will prorate the
accrual of Sick Leave for less-than-fulltime work.
• The rule clarifies the paragraph
regarding the carryover of Sick Leave to
specify that it only applies to a
subsequent ‘‘follow-on’’ contract for the
same services.
(3) Home Leave.
Home leave is a benefit a USPSC can
earn after performing services for
USAID abroad, usually after two years.
It provides time off that the USPSC must
use in the U.S., subject to his or her
commitment to continued service.
Home leave is meant to ensure that
persons who are living and working
abroad undergo reorientation and reexposure in the U.S., and USAID
provides it to USPSCs as a benefit
comparable to that the Agency offers to
its USDH employees. Detailed changes
to the text regarding home leave are as
follows:
• USAID only provides Home Leave
currently to USPSCs who agree to return
to the same Mission abroad after
completing the Home Leave. In July
1998, USAID issued a policy deviation
from Appendix D of the AIDAR to
authorize a maximum of 20 workdays of
Home Leave based on a USPSC’s
commitment to relocate to a different
USAID Mission as a USPSC
immediately following the Home Leave
for a specific period of time, subject to
prior approval by the Mission Director
(i.e., the Mission from which the USPSC
is departing.)
• The revised clause includes the
required verification documents a
USPSC must provide to support Home
Leave based on a commitment to
continue work under a new contract
with a different USAID Mission.
• The rule makes a clarification to the
travel requirements to specify that the
days counted toward Home Leave do
not include the travel time for Home
Leave, with a cross-reference to the
related contract clause titled, ‘‘Travel
and Transportation Expenses.’’
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Agencies
[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Rules and Regulations]
[Pages 65733-65734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22752]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2019-0052]
RIN 0750-AK66
Defense Federal Acquisition Regulation Supplement: Treatment of
Certain Items as Commercial Items (DFARS Case 2019-D029); Correction
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: DoD is correcting final regulations that published in the
Federal Register on September 29, 2020, to reflect that the clause date
for the DFARS section on subcontracts for commercial items should be
``(OCT 2020)''.
DATES: Effective October 16, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense
Acquisition Regulations System, OUSD(A&S) DPC(DARS), Room 3B938, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6100.
SUPPLEMENTARY INFORMATION: On September 29, 2020, DoD published in the
Federal Register at 85 FR 60918 a final rule titled ``Treatment of
Certain Items as Commercial Items''. The purpose of this correction is
to reflect that the clause date for DFARS 252.244-7000, Subcontracts
for Commercial Items, should be ``(OCT 2020)'' and not ``(SEP 2020)''
as published in the final rule.
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer D. Johnson,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
[[Page 65734]]
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
252.244-7000 [Amended]
0
2. Amend section 252.244-7000 by removing the clause date of ``(SEP
2020)'' and adding ``(OCT 2020)'' in its place.
[FR Doc. 2020-22752 Filed 10-15-20; 8:45 am]
BILLING CODE 5001-01-P