Department of State Acquisition Regulation; Access to Contractor Records, 35257-35258 [2021-13740]

Download as PDF Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules surrounding counties such that the source is contributing to any nearby area that does not meet the NAAQS. EPA is therefore proposing to approve North Carolina’s redesignation request and redesignate the Brunswick County Area from unclassifiable to attainment/ unclassifiable based on the currently available information that demonstrates attainment of the 2010 1-hour SO2 NAAQS. lotter on DSK11XQN23PROD with PROPOSALS1 IV. Proposed Action EPA is proposing to approve North Carolina’s April 23, 2021, request to redesignate the Brunswick County Area from unclassifiable to attainment/ unclassifiable for the 2010 1-hour SO2 NAAQS. As discussed in prior sections, this proposed action is based on the currently available monitoring data for the Brunswick County Area that demonstrate attainment of the 2010 1hour SO2 primary NAAQS. If finalized, approval of the redesignation request would change the legal designation for this Area, found at 40 CFR part 81, from unclassifiable to attainment/ unclassifiable for the 2010 1-hour SO2 primary NAAQS. V. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment/unclassifiable is an action that affects the status of a geographical area and does not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment/ unclassifiable does not create any new requirements. Accordingly, this proposed action merely proposes to redesignate an area to attainment/ unclassifiable and does not impose additional requirements. For that reason, this proposed action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive VerDate Sep<11>2014 19:39 Jul 01, 2021 Jkt 253001 Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Will not have disproportionate human health or environmental effects under Executive Order 12898 (59 FR 7629, February 16, 1994). This proposed action does not apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this proposed action does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control. Authority: 42 U.S.C. 7401 et seq. Dated: June 28, 2021. John Blevins, Acting Regional Administrator, Region 4. [FR Doc. 2021–14179 Filed 7–1–21; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF STATE 48 CFR Parts 615 and 652 [Public Notice: 10574] RIN 1400–AE60 Department of State Acquisition Regulation; Access to Contractor Records Department of State. Proposed rule. AGENCY: ACTION: The Department of State (DOS) is proposing an amendment to the Department of State Acquisition Regulation (DOSAR), to add a new contract clause relating to Department requests for examination of contractor records. SUMMARY: The Department of State will accept comments on this proposed rule until August 31, 2021. ADDRESSES: You may submit comments by any of the following methods: DATES: PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 35257 • E-mail: Grayad@state.gov. You must include the RIN in the subject line of your message. • Mail (paper or CD–ROM submissions): Ms. Annette Gray, Policy Division, Office of the Procurement Executive, A/OPE, 2201 C Street NW, Suite 3200, State Annex Number 15, Washington, DC 20520. • Persons with access to the internet may view this interim rule and submit comments by visiting: https:// www.regulations.gov, and searching for docket number DOS–2021–0007. FOR FURTHER INFORMATION CONTACT: Ms. Tandra Jones, Office of the Procurement Executive, A/OPE, 1735 North Lynn Street, Room 442, Arlington, VA 22209. Telephone 703–875–6643. SUPPLEMENTARY INFORMATION: The Department proposes to add 48 CFR part 615, section 615.209–70, Examination of Records, and 48 CFR part 652, section 652.209–70, Examination of Records, to the Department of State Acquisition Regulation (DOSAR). What is the authority for this proposed rule? Title 41 of the U.S. Code, section 4706, provides that the head of an executive agency, acting through an authorized representative, may, for the purpose of evaluating the accuracy, completeness, and currency of certified cost or pricing data required to be submitted pursuant to 41 U.S.C. chapter 35 with respect to a contract or subcontract, examine all records of the contractor or subcontractor related to: (A) The proposal for the contract or subcontract; (B) the discussions conducted on the proposal; (C) pricing of the contract or subcontract; or (D) performance of the contract or subcontract. The Federal Acquisition Regulation (FAR), 48 CFR 15.209(b), Solicitation provisions and contract clauses, states (in summary) that, when contracting by negotiation, except as provided in section 15.209(b)(2),1 the contracting officer shall insert the clause at section 52.215–2, Audit and RecordsNegotiation, in solicitations and contracts except those for: (1) Acquisitions not exceeding the simplified acquisition threshold; (2) The acquisition of utility services at rates not exceeding those established to apply uniformly to the general public, plus any applicable reasonable connection 1 Paragraph (b)(2) relates to contracts using funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5). E:\FR\FM\02JYP1.SGM 02JYP1 35258 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules charge; or (3) The acquisition of commercial items exempted under section 15.403–1. Why is the Department publishing this proposed rule? The DOSAR implements the FAR (and therefore, the statute, 41 U.S.C. 4706) for the Department of State.2 The Department has determined, after a review of the existing regulations, that further clarity is required regarding implementation of 41 U.S.C. 4706 as it relates to contracts other than contracts by negotiation (which, as noted, are already covered by FAR section 15.209(b)). For these reasons, the Department proposes to add section 615.209–70 to the DOSAR, requiring the contracting officer to insert a new clause, Examination of Records (proposed section 652.215–70), in all solicitations and contracts other than contracts by negotiation. Regulatory Findings Administrative Procedure Act In accordance with the provisions of the Administrative Procedure Act, the Department is publishing this rulemaking as a proposed rule, and providing 60 days for public comment. Regulatory Flexibility Act The Department of State, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by approving it, certifies that this proposed rule will not have a significant economic impact on small entities. This determination is based on the fact that this proposed rulemaking clarifies within the DOSAR the authority of the Department to examine contractor records, which is already provided by statute. lotter on DSK11XQN23PROD with PROPOSALS1 Unfunded Mandates Act of 1995 This proposed 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 Act of 1995. Executive Orders 12866 and 13563 Executive Orders (E.O.) 12866 and 13563 direct agencies to assess costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits 2 48 CFR 601.303. VerDate Sep<11>2014 16:50 Jul 01, 2021 Jkt 253001 (including potential economic, environmental, public health and safety effects, distributive impacts and equity). E.O. 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Department of State does not consider this proposed rule to be an ‘‘economically significant regulatory action’’ under Executive Order 12866. In addition, the Department is exempt from Executive Order 12866 except to the extent that it is promulgating regulations in conjunction with a domestic agency that are significant regulatory actions. The Department has nevertheless reviewed the regulation to ensure its consistency with the regulatory philosophy and principles set forth in the Executive Orders and finds that the benefits of this proposed rule outweigh any costs, which the Department assesses to be minimal. As noted, this proposed rule does not impose any new requirements on contractors. Executive Order 13132 The proposed rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, it is determined that this proposed rulemaking will not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. Executive Order 13175 The Department has determined that this proposed rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not pre-empt tribal law. Accordingly, the requirements of Executive Order 13175 do not apply to this proposed rulemaking. Paperwork Reduction Act This proposed rule does not add or revise any information collection requirements subject to the Paperwork Reduction Act, 44 U.S.C. chapter 35. List of Subjects in 48 CFR Parts 615 and 652 Administrative practice and procedure, Government procurement. For the reasons stated in the preamble, the Department of State proposes to amend 48 CFR chapter 6 as follows: PO 00000 Frm 00026 Fmt 4702 Sfmt 9990 PART 615—CONTRACTING BY NEGOTIATION 1. The authority citation for 48 CFR part 615 continues to read as follows: ■ Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1. 2. Section 615.209–70 is added to read as follows: ■ 615.209–70 Examination of records. The contracting officer shall insert the clause at 652.215–70, Examination of Records, in all solicitations and contracts other than those described in Federal Acquisition Regulation 15.209(b)(1). PART 652—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. The authority citation for 48 CFR part 652 continues to read as follows: ■ Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1. 4. Section 652.215–70 is added to read as follows: ■ 652.215–70 Examination of Records. As prescribed in 615.209–70, insert the following clause. Examination of Records ([ABBREVIATED MONTH AND YEAR 30 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE]) (a) With respect to matters related to this contract or a subcontract hereunder, the Department of State Office of the Inspector General, or an authorized representative, shall have upon request: (1) Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law; and (2) The right to interview any current Contractor and Subcontractor personnel, individually and directly, with respect to such matters. (b) This clause may not be construed to require the contractor or any subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. (c) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (c), in all subcontracts under this contract other than acquisitions described in Federal Acquisition Regulation 15.209(b)(1). (End of clause) Zachary A. Parker, Director, U.S. Department of State. [FR Doc. 2021–13740 Filed 7–1–21; 8:45 am] BILLING CODE 4710–24–P E:\FR\FM\02JYP1.SGM 02JYP1

Agencies

[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Proposed Rules]
[Pages 35257-35258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13740]


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DEPARTMENT OF STATE

48 CFR Parts 615 and 652

[Public Notice: 10574]
RIN 1400-AE60


Department of State Acquisition Regulation; Access to Contractor 
Records

AGENCY: Department of State.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Department of State (DOS) is proposing an amendment to the 
Department of State Acquisition Regulation (DOSAR), to add a new 
contract clause relating to Department requests for examination of 
contractor records.

DATES: The Department of State will accept comments on this proposed 
rule until August 31, 2021.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: [email protected]. You must include the RIN in the 
subject line of your message.
     Mail (paper or CD-ROM submissions): Ms. Annette Gray, 
Policy Division, Office of the Procurement Executive, A/OPE, 2201 C 
Street NW, Suite 3200, State Annex Number 15, Washington, DC 20520.
     Persons with access to the internet may view this interim 
rule and submit comments by visiting: https://www.regulations.gov, and 
searching for docket number DOS-2021-0007.

FOR FURTHER INFORMATION CONTACT: Ms. Tandra Jones, Office of the 
Procurement Executive, A/OPE, 1735 North Lynn Street, Room 442, 
Arlington, VA 22209. Telephone 703-875-6643.

SUPPLEMENTARY INFORMATION: The Department proposes to add 48 CFR part 
615, section 615.209-70, Examination of Records, and 48 CFR part 652, 
section 652.209-70, Examination of Records, to the Department of State 
Acquisition Regulation (DOSAR).

What is the authority for this proposed rule?

    Title 41 of the U.S. Code, section 4706, provides that the head of 
an executive agency, acting through an authorized representative, may, 
for the purpose of evaluating the accuracy, completeness, and currency 
of certified cost or pricing data required to be submitted pursuant to 
41 U.S.C. chapter 35 with respect to a contract or subcontract, examine 
all records of the contractor or subcontractor related to:
    (A) The proposal for the contract or subcontract;
    (B) the discussions conducted on the proposal;
    (C) pricing of the contract or subcontract; or
    (D) performance of the contract or subcontract.
    The Federal Acquisition Regulation (FAR), 48 CFR 15.209(b), 
Solicitation provisions and contract clauses, states (in summary) that, 
when contracting by negotiation, except as provided in section 
15.209(b)(2),\1\ the contracting officer shall insert the clause at 
section 52.215-2, Audit and Records-Negotiation, in solicitations and 
contracts except those for: (1) Acquisitions not exceeding the 
simplified acquisition threshold; (2) The acquisition of utility 
services at rates not exceeding those established to apply uniformly to 
the general public, plus any applicable reasonable connection

[[Page 35258]]

charge; or (3) The acquisition of commercial items exempted under 
section 15.403-1.
---------------------------------------------------------------------------

    \1\ Paragraph (b)(2) relates to contracts using funds 
appropriated or otherwise made available by the American Recovery 
and Reinvestment Act of 2009 (Pub. L. 111-5).
---------------------------------------------------------------------------

Why is the Department publishing this proposed rule?

    The DOSAR implements the FAR (and therefore, the statute, 41 U.S.C. 
4706) for the Department of State.\2\ The Department has determined, 
after a review of the existing regulations, that further clarity is 
required regarding implementation of 41 U.S.C. 4706 as it relates to 
contracts other than contracts by negotiation (which, as noted, are 
already covered by FAR section 15.209(b)).
---------------------------------------------------------------------------

    \2\ 48 CFR 601.303.
---------------------------------------------------------------------------

    For these reasons, the Department proposes to add section 615.209-
70 to the DOSAR, requiring the contracting officer to insert a new 
clause, Examination of Records (proposed section 652.215-70), in all 
solicitations and contracts other than contracts by negotiation.

Regulatory Findings

Administrative Procedure Act

    In accordance with the provisions of the Administrative Procedure 
Act, the Department is publishing this rulemaking as a proposed rule, 
and providing 60 days for public comment.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this proposed rule will not have a 
significant economic impact on small entities. This determination is 
based on the fact that this proposed rulemaking clarifies within the 
DOSAR the authority of the Department to examine contractor records, 
which is already provided by statute.

Unfunded Mandates Act of 1995

    This proposed 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 Act of 1995.

Executive Orders 12866 and 13563

    Executive Orders (E.O.) 12866 and 13563 direct agencies to assess 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts and equity). E.O. 13563 
emphasized the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. The 
Department of State does not consider this proposed rule to be an 
``economically significant regulatory action'' under Executive Order 
12866.
    In addition, the Department is exempt from Executive Order 12866 
except to the extent that it is promulgating regulations in conjunction 
with a domestic agency that are significant regulatory actions. The 
Department has nevertheless reviewed the regulation to ensure its 
consistency with the regulatory philosophy and principles set forth in 
the Executive Orders and finds that the benefits of this proposed rule 
outweigh any costs, which the Department assesses to be minimal. As 
noted, this proposed rule does not impose any new requirements on 
contractors.

Executive Order 13132

    The proposed rule will not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this proposed 
rulemaking will not have sufficient federalism implications to require 
consultations or warrant the preparation of a federalism summary impact 
statement.

Executive Order 13175

    The Department has determined that this proposed rulemaking will 
not have tribal implications, will not impose substantial direct 
compliance costs on Indian tribal governments, and will not pre-empt 
tribal law. Accordingly, the requirements of Executive Order 13175 do 
not apply to this proposed rulemaking.

Paperwork Reduction Act

    This proposed rule does not add or revise any information 
collection requirements subject to the Paperwork Reduction Act, 44 
U.S.C. chapter 35.

List of Subjects in 48 CFR Parts 615 and 652

    Administrative practice and procedure, Government procurement.

    For the reasons stated in the preamble, the Department of State 
proposes to amend 48 CFR chapter 6 as follows:

PART 615--CONTRACTING BY NEGOTIATION

0
1. The authority citation for 48 CFR part 615 continues to read as 
follows:

    Authority:  22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 
1.

0
2. Section 615.209-70 is added to read as follows:


615.209-70   Examination of records.

    The contracting officer shall insert the clause at 652.215-70, 
Examination of Records, in all solicitations and contracts other than 
those described in Federal Acquisition Regulation 15.209(b)(1).

PART 652--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. The authority citation for 48 CFR part 652 continues to read as 
follows:

    Authority:  22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 
1.

0
4. Section 652.215-70 is added to read as follows:


652.215-70   Examination of Records.

    As prescribed in 615.209-70, insert the following clause.

Examination of Records ([ABBREVIATED MONTH AND YEAR 30 DAYS AFTER DATE 
OF PUBLICATION OF FINAL RULE])

    (a) With respect to matters related to this contract or a 
subcontract hereunder, the Department of State Office of the 
Inspector General, or an authorized representative, shall have upon 
request:
    (1) Complete, prompt, and free access to all Contractor and 
Subcontractor files (in any format), documents, records, data, 
premises, and employees, except as limited by law; and
    (2) The right to interview any current Contractor and 
Subcontractor personnel, individually and directly, with respect to 
such matters.
    (b) This clause may not be construed to require the contractor 
or any subcontractor to create or maintain any record that the 
contractor or subcontractor does not maintain in the ordinary course 
of business or pursuant to a provision of law.
    (c) The Contractor shall insert a clause containing all the 
terms of this clause, including this paragraph (c), in all 
subcontracts under this contract other than acquisitions described 
in Federal Acquisition Regulation 15.209(b)(1).


(End of clause)

Zachary A. Parker,
Director, U.S. Department of State.
[FR Doc. 2021-13740 Filed 7-1-21; 8:45 am]
BILLING CODE 4710-24-P
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