Defense Federal Acquisition Regulation Supplement: Representation Relating to Compensation of Former DoD Officials (DFARS Case 2021-D030), 59028-59030 [2022-20965]
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Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Rules and Regulations
(ii) In 2017 and 2018, more than 5
percent of unique patients seen by the
EP during the EHR reporting period (or
their authorized representatives) views,
downloads or transmits their health
information to a third party during the
EHR reporting period.
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[FR Doc. 2022–21193 Filed 9–28–22; 8:45 am]
PART 252—SOLICITATION
PROVISIONS AND CONTRCT
CLAUSES
5. Amend section 252.239–7010 by:
a. Revising the section heading and
the clause date; and
■ b. Removing fromm paragraph (b)(2)
‘‘https://iase.disa.mil/cloud_security/
Pages/index.aspx unless notified by the
Contracting Officer that this
requirement has been waived by the
DoD Chief Information Officer.’’ and
adding ‘‘https://public.cyber.mil/dccs/
dccs-documents/ unless notified by the
Contracting Officer that this
requirement has been waived by the
DoD Chief Information Officer.’’ in its
place.
The revisions read as follows:
[Docket DARS–2022–0001]
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule; technical
amendment.
AGENCY:
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) in order to make
needed editorial changes.
DATES: Effective September 29, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
telephone 703–717–8226.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS to make needed
editorial changes to 48 CFR parts 203
and 252.
SUMMARY:
List of Subjects in 48 CFR Parts 203 and
252
Government procurement.
252.239–7010
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Cloud Computing Services.
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Cloud Computing Services (Sep 2022)
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[FR Doc. 2022–20966 Filed 9–28–22; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
[Docket DARS–2022–0022]
RIN 0750–AL52
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 203 and 252
are amended as follows:
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
1. The authority citation for 48 CFR
part 203 is revised to read as follows:
■
[Amended]
2. Amend section 203.171–1 by
removing ‘‘Section’’ and ‘‘Public Law’’
and adding ‘‘section’’ and ‘‘Pub. L.’’ in
their places, respectively.
Jkt 256001
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to clarify the requirement for
offerors to represent whether former
DoD officials employed by the offeror
are in compliance with postemployment restrictions.
DATES: Effective September 29, 2022.
SUMMARY:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
■
Defense Federal Acquisition
Regulation Supplement:
Representation Relating to
Compensation of Former DoD Officials
(DFARS Case 2021–D030)
AGENCY:
PART 203—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
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Monica Wideman, telephone 703–717–
3446.
SUPPLEMENTARY INFORMATION:
I. Background
■
■
48 CFR Parts 203 and 252
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3. Amend section 203.171–3 in
paragraph (a) by removing ‘‘Section’’
and adding ‘‘section’’ in its place.
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
Defense Acquisition Regulations
System
16:48 Sep 28, 2022
FOR FURTHER INFORMATION CONTACT:
4. The authority citation for 48 CFR
part 252 continues to read as follows:
DEPARTMENT OF DEFENSE
VerDate Sep<11>2014
[Amended]
■
BILLING CODE 0099–10–D
203.171–1
203.171–3
DoD is issuing a final rule to
implement a recommendation of the
Government Accountability Office
(GAO). Section 851 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2007 (Pub. L. 109–364)
required GAO to report on recent
employment of former DoD officials by
major defense contractors. In May 2008,
GAO issued a report titled ‘‘Defense
Contracting: Post-Government
Employment of Former DoD Officials
Needs Greater Transparency (GAO–08–
485).’’ GAO concluded that greater
transparency was needed by DoD with
respect to former senior and acquisition
executives (i.e., DoD ‘‘covered officials’’)
to ensure compliance with applicable
post-employment restrictions.
Subsequently, DoD issued a final rule
in the Federal Register at 76 FR 71826,
effective November 18, 2011, which
implemented the GAO recommendation
by adding a new representation for
offerors to complete and provide as part
of each proposal, including proposals
for commercial items. The
representation is required only one time
rather than continuously throughout
contract performance. The solicitation
provision at DFARS 252.203–7005,
Representation Relating to
Compensation of Former DoD Officials,
is a representation that all of the
offeror’s employees who are former DoD
officials are in compliance with all postemployment restrictions at 18 U.S.C.
207, 41 U.S.C. 2101–2107, and 5 CFR
parts 2637 and 2641, as well as Federal
Acquisition Regulation (FAR) 3.104–2.
A more recent GAO Report titled
‘‘GAO–21–104311, Post-Government
Employment Restrictions-DoD Could
Further Enhance Its Compliance Efforts
Related to Former Employees Working
for Defense Contractors,’’ dated
September 9, 2021, states that in 2011
DoD modified its acquisition regulations
to require that contractors, when
submitting proposals in response to DoD
solicitations, represent their employees’
compliance with several postGovernment employment restrictions.
Although GAO recognized that DoD has
provided guidance on section 1045 of
the NDAA for FY 2018 (Pub. L. 115–91),
to include DoD Instruction 1000.32,
‘‘Prohibition of Lobbying Activity by
Former DoD Senior Officials,’’ the GAO
report pointed out that DoD has not
added section 1045 of the NDAA for FY
2018 to the list of post-Government
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Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
employment ethics provisions currently
enumerated within the solicitation
provision at DFARS 252.203–7005.
Specifically, since section 1045, which
restricts lobbying activities with respect
to DoD matters by former DoD senior
officials, was enacted after the addition
of DFARS 252.203–7005 in 2011, it was
not originally included in the list of
enumerated post-Government
employment provisions. Therefore,
GAO recommended that DoD assess
whether to amend the DFARS to add
section 1045 to the required offeror
representation concerning compliance
with post-Government employment
restrictions.
This final rule revises DFARS
provision 252.203–7005, Representation
Relating to Compensation of Former
DoD Officials, to add the statutory
reference to section 1045 of the NDAA
for FY 2018 to the existing list of postGovernment employment restrictions to
ensure that, to the extent the individuals
are ‘‘covered DoD officials’’ under the
definition at DFARS 252.203–7000, the
lobbying activities restrictions
contained in section 1045 are included
among the enumerated postGovernment employment ethics
provisions. Additionally, the provision
language was revised to clarify that
former personnel are required to comply
with all applicable post-Government
employment restrictions, not just those
enumerated in the solicitation provision
at DFARS 252.203–7005.
An obsolete reference to 5 CFR 2637
is removed from the provision. Part
2637 was removed from title 5 of the
CFR in a final rule published in the
Federal Register at 73 FR 36168 (June
25, 2008).
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the FAR is 41 U.S.C.
1707, Publication of Proposed
Regulations. Subsection (a)(1) of the
statute requires that a procurement
policy, regulation, procedure, or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors.
Under the existing DFARS
requirement, offerors must represent
that their employees subject to section
847 of the NDAA for FY 2008 are in
compliance with applicable post-
VerDate Sep<11>2014
16:48 Sep 28, 2022
Jkt 256001
Government employment restrictions,
which are outlined in the written postGovernment employment opinion letter
issued pursuant to section 847.
Following the enactment of section 1045
of the NDAA for FY 2018, DoD included
the requirement in DoD Instruction
1000.32, Prohibition of Lobbying
Activity by Former DoD Senior
Officials, that post-Government
employment opinions address section
1045, where applicable. Therefore, this
final rule is not required to be published
for public comment, because it does not
constitute a significant DFARS revision
within the meaning of FAR 1.501–1 and
does not have a significant cost or
administrative impact on contractors or
offerors (see Section I of this preamble).
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Services and Commercial Products,
Including Commercially Available Offthe-Shelf (COTS) Items
This rule amends the solicitation
provision at DFARS 252.203–7005.
However, this rule does not impose any
new requirements on contracts at or
below the SAT or for commercial
services or commercial products,
including COTS items. The provision
will continue to apply to acquisitions at
or below the SAT and to acquisitions of
commercial services and commercial
products, including COTS items.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 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, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
V. Congressional Review Act
As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD
will submit a copy of the interim or
final rule with the form, Submission of
Federal Rules under the Congressional
Review Act, to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule under the
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59029
Congressional Review Act cannot take
effect until 60 days after it is published
in the Federal Register. The Office of
Information and Regulatory Affairs has
determined that this rule is not a major
rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
VII. Paperwork Reduction Act
This rule does not contain any
information collection requirements that
require 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 Part 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR part 252 is
amended as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
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.
2. Amend section 252.203–7005 by—
a. Revising the provision date;
■ b. Revising paragraph (b); and
■ c. Adding ‘‘(End of provision)’’ at the
end of the provision.
The addition and revisions read as
follows:
■
■
252.203–7000 Representation Relating to
Compensation of Former DoD Officials.
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Representation Relating to Compensation of
Former DOD Officials (Sep 2022)
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(b) By submission of this offer, the Offeror
represents, to the best of its knowledge and
belief, that all covered DoD officials
employed by or otherwise receiving
compensation from the Offeror, and who are
expected to undertake activities on behalf of
the Offeror for any resulting contract, are
presently in compliance with all applicable
post-employment restrictions, including
those contained in 18 U.S.C. 207, 41 U.S.C.
2101–2107, 5 CFR part 2641, section 1045 of
the National Defense Authorization Act for
Fiscal Year 2018 (Pub. L. 115–91), and
Federal Acquisition Regulation 3.104–2.
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Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Rules and Regulations
(End of provision)
[FR Doc. 2022–20965 Filed 9–28–22; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 350, 360, 380, 382, 383,
385, 391, 395, 396, and 397
[Docket No. FMCSA–2022–0149]
RIN 2126–AC47
General Technical, Organizational,
Conforming, and Correcting
Amendments to the Federal Motor
Carrier Safety Regulations
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
AGENCY:
FMCSA amends its
regulations by making technical
corrections throughout the Federal
Motor Carrier Safety Regulations
(FMCSRs). The Agency makes minor
changes to correct inadvertent errors
and omissions, remove or update
obsolete references, and improve the
clarity and consistency of certain
regulatory provisions. The Agency also
makes nondiscretionary, ministerial
changes that merely align regulatory
requirements with the underlying
statutory authority, including the
Infrastructure Improvement and Jobs
Act (IIJA), sometimes referred to as the
Bipartisan Infrastructure Law,
requirements. Additionally, the Agency
makes changes relating to agency
management and to FMCSA’s rules of
organization, procedures, or practice.
DATES: This final rule is effective
September 29, 2022.
FOR FURTHER INFORMATION CONTACT: Mr.
Nicholas Warren, Regulatory
Development Division, Office of Policy,
FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001; (202) 366–
6124; nicholas.warren@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Legal Basis for the Rulemaking
Congress delegated certain powers to
regulate interstate commerce to the
United States Department of
Transportation (DOT or Department) in
numerous pieces of legislation, most
notably in section 6 of the Department
of Transportation Act (DOT Act) (Pub.
L. 89–670, 80 Stat. 931, 937, Oct. 15,
1966). Section 6 of the DOT Act
transferred to the Department the
VerDate Sep<11>2014
16:48 Sep 28, 2022
Jkt 256001
authority of the former Interstate
Commerce Commission (ICC) to regulate
the qualifications and maximum hours
of service of employees, the safety of
operations, and the equipment of motor
carriers in interstate commerce (80 Stat.
939). This authority, first granted to the
ICC in the Motor Carrier Act of 1935
(Pub. L. 74–255, 49 Stat. 543, Aug. 9,
1935), now appears in 49 U.S.C. chapter
315. The regulations issued under this
(and subsequently enacted) authority
became known as the FMCSRs, codified
at 49 CFR parts 350–399. The
administrative powers to enforce
chapter 315 (codified in 49 U.S.C.
chapter 5) were also transferred from the
ICC to the DOT in 1966, assigned first
to the Federal Highway Administration
(FHWA), and then to FMCSA. The
FMCSA Administrator, whose powers
and duties are set forth in 49 U.S.C. 113,
has been delegated authority by the
Secretary of Transportation (the
Secretary) under 49 CFR 1.81 to
prescribe regulations and to exercise
authority over and with respect to any
personnel within the organization, and
under 49 CFR 1.87 to carry out the
motor carrier functions vested in the
Secretary.
Between 1984 and 1999, enforcement
of the FMCSRs, the Hazardous Materials
Regulations, and the Commercial
Regulations were added to FHWA’s
authority. These statutes include the
Motor Carrier Safety Act of 1984 (Pub.
L. 98–554, Title II, 98 Stat. 2832, Oct.
30, 1984), codified at 49 U.S.C. chapter
311, subchapter III; the Commercial
Motor Vehicle Safety Act of 1986 (Pub.
L. 99–570, Title XII, 100 Stat. 3207–170,
Oct. 27, 1986), codified at 49 U.S.C.
chapter 313; the Hazardous Materials
Transportation Uniform Safety Act of
1990, as amended (Pub. L. 101–615, 104
Stat. 3244, Nov. 16, 1990), codified at 49
U.S.C. chapter 51; the Omnibus
Transportation Employee Testing Act of
1991 (Pub. L. 102–143, Title V, 105 Stat.
917, 952, Oct. 28, 1991), codified at 49
U.S.C. 31306; the ICC Termination Act
of 1995 (Pub. L. 104–88, 109 Stat. 803,
Dec. 29, 1995), codified at 49 U.S.C.
chapters 131–149; and the
Transportation Equity Act for the 21st
Century (Pub. L. 105– 178, 112 Stat.
107, June 9, 1998).
The Motor Carrier Safety
Improvement Act of 1999 (MCSIA) (Pub.
L. 106–159, 113 Stat. 1748, Dec. 9, 1999)
established FMCSA as a new operating
administration within DOT, effective
January 1, 2000. Accordingly, since that
time the motor carrier safety, and
certain commercial, responsibilities
previously assigned to both the ICC and
FHWA are the jurisdiction of FMCSA.
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Congress expanded, modified, and
amended FMCSA’s authority in the
Uniting and Strengthening America by
Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act
of 2001 (Pub. L. 107–56, 115 Stat. 272,
Oct. 26, 2001); the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU)
(Pub. L. 109–59, 119 Stat. 1144, Aug. 10,
2005); the SAFETEA–LU Technical
Corrections Act of 2008 (Pub. L. 110–
244, 122 Stat. 1572, June 6, 2008); the
Moving Ahead for Progress in the 21st
Century Act (MAP–21) (Pub. L. 112–
141, 126 Stat. 405, July 6, 2012); and the
Fixing America’s Surface Transportation
Act (Pub. L. 114–94, 129 Stat. 1312, Dec.
4, 2015). Most recently, Congress
amended FMCSA’s authorities in the
Infrastructure Improvement and Jobs
Act (IIJA) (Pub. L. 117– 58, 135 Stat.
429, Nov. 15, 2021). Accordingly,
FMCSA amends three parts in title 49 of
the Code of Federal Regulations (CFR) to
align the regulatory text with the new
statutory requirements.
The specific regulations amended by
this rule are based on the statutes
detailed above. Generally, the legal
authority for each of those provisions
was explained when the requirement
was originally adopted and is noted at
the beginning of each part in title 49 of
the CFR.
The Administrative Procedure Act
(APA) specifically provides exceptions
to its notice and comment rulemaking
procedures when an agency finds there
is good cause to dispense with them,
and incorporates the finding, and a brief
statement of reasons therefore, in the
rules issued (5 U.S.C. 553(b)(3)(B)).
Good cause exists when an agency
determines that notice and public
comment procedures are impractical,
unnecessary, or contrary to the public
interest. The amendments made in this
final rule primarily correct inadvertent
errors and omissions, remove or update
obsolete references, and make minor
language changes to improve clarity and
consistency. Some changes are
statutorily mandated or align regulatory
standards with the underlying statutory
authority. In accommodating those
changes, the Agency is performing
nondiscretionary, ministerial acts. The
technical amendments do not impose
any material new requirements or
increase compliance obligations. For
these reasons, FMCSA finds good cause
that notice and public comment on this
final rule are unnecessary.
Moreover, the amendments changing
the name of the ‘‘Office of Enforcement
and Compliance (MC–EC)’’ to the
‘‘Office of Enforcement and Compliance
(MC–SE)’’ and ‘‘Office of Safety
E:\FR\FM\29SER1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Rules and Regulations]
[Pages 59028-59030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20965]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2022-0022]
RIN 0750-AL52
Defense Federal Acquisition Regulation Supplement: Representation
Relating to Compensation of Former DoD Officials (DFARS Case 2021-D030)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to clarify the requirement
for offerors to represent whether former DoD officials employed by the
offeror are in compliance with post-employment restrictions.
DATES: Effective September 29, 2022.
FOR FURTHER INFORMATION CONTACT: Monica Wideman, telephone 703-717-
3446.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is issuing a final rule to implement a recommendation of the
Government Accountability Office (GAO). Section 851 of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2007 (Pub. L.
109-364) required GAO to report on recent employment of former DoD
officials by major defense contractors. In May 2008, GAO issued a
report titled ``Defense Contracting: Post-Government Employment of
Former DoD Officials Needs Greater Transparency (GAO-08-485).'' GAO
concluded that greater transparency was needed by DoD with respect to
former senior and acquisition executives (i.e., DoD ``covered
officials'') to ensure compliance with applicable post-employment
restrictions.
Subsequently, DoD issued a final rule in the Federal Register at 76
FR 71826, effective November 18, 2011, which implemented the GAO
recommendation by adding a new representation for offerors to complete
and provide as part of each proposal, including proposals for
commercial items. The representation is required only one time rather
than continuously throughout contract performance. The solicitation
provision at DFARS 252.203-7005, Representation Relating to
Compensation of Former DoD Officials, is a representation that all of
the offeror's employees who are former DoD officials are in compliance
with all post-employment restrictions at 18 U.S.C. 207, 41 U.S.C. 2101-
2107, and 5 CFR parts 2637 and 2641, as well as Federal Acquisition
Regulation (FAR) 3.104-2.
A more recent GAO Report titled ``GAO-21-104311, Post-Government
Employment Restrictions-DoD Could Further Enhance Its Compliance
Efforts Related to Former Employees Working for Defense Contractors,''
dated September 9, 2021, states that in 2011 DoD modified its
acquisition regulations to require that contractors, when submitting
proposals in response to DoD solicitations, represent their employees'
compliance with several post-Government employment restrictions.
Although GAO recognized that DoD has provided guidance on section 1045
of the NDAA for FY 2018 (Pub. L. 115-91), to include DoD Instruction
1000.32, ``Prohibition of Lobbying Activity by Former DoD Senior
Officials,'' the GAO report pointed out that DoD has not added section
1045 of the NDAA for FY 2018 to the list of post-Government
[[Page 59029]]
employment ethics provisions currently enumerated within the
solicitation provision at DFARS 252.203-7005. Specifically, since
section 1045, which restricts lobbying activities with respect to DoD
matters by former DoD senior officials, was enacted after the addition
of DFARS 252.203-7005 in 2011, it was not originally included in the
list of enumerated post-Government employment provisions. Therefore,
GAO recommended that DoD assess whether to amend the DFARS to add
section 1045 to the required offeror representation concerning
compliance with post-Government employment restrictions.
This final rule revises DFARS provision 252.203-7005,
Representation Relating to Compensation of Former DoD Officials, to add
the statutory reference to section 1045 of the NDAA for FY 2018 to the
existing list of post-Government employment restrictions to ensure
that, to the extent the individuals are ``covered DoD officials'' under
the definition at DFARS 252.203-7000, the lobbying activities
restrictions contained in section 1045 are included among the
enumerated post-Government employment ethics provisions. Additionally,
the provision language was revised to clarify that former personnel are
required to comply with all applicable post-Government employment
restrictions, not just those enumerated in the solicitation provision
at DFARS 252.203-7005.
An obsolete reference to 5 CFR 2637 is removed from the provision.
Part 2637 was removed from title 5 of the CFR in a final rule published
in the Federal Register at 73 FR 36168 (June 25, 2008).
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707, Publication of Proposed Regulations. Subsection (a)(1) of the
statute requires that a procurement policy, regulation, procedure, or
form (including an amendment or modification thereof) must be published
for public comment if it relates to the expenditure of appropriated
funds, and has either a significant effect beyond the internal
operating procedures of the agency issuing the policy, regulation,
procedure, or form, or has a significant cost or administrative impact
on contractors or offerors.
Under the existing DFARS requirement, offerors must represent that
their employees subject to section 847 of the NDAA for FY 2008 are in
compliance with applicable post-Government employment restrictions,
which are outlined in the written post-Government employment opinion
letter issued pursuant to section 847. Following the enactment of
section 1045 of the NDAA for FY 2018, DoD included the requirement in
DoD Instruction 1000.32, Prohibition of Lobbying Activity by Former DoD
Senior Officials, that post-Government employment opinions address
section 1045, where applicable. Therefore, this final rule is not
required to be published for public comment, because it does not
constitute a significant DFARS revision within the meaning of FAR
1.501-1 and does not have a significant cost or administrative impact
on contractors or offerors (see Section I of this preamble).
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Services and Commercial Products,
Including Commercially Available Off-the-Shelf (COTS) Items
This rule amends the solicitation provision at DFARS 252.203-7005.
However, this rule does not impose any new requirements on contracts at
or below the SAT or for commercial services or commercial products,
including COTS items. The provision will continue to apply to
acquisitions at or below the SAT and to acquisitions of commercial
services and commercial products, including COTS items.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 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, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993.
V. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a major rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
VII. Paperwork Reduction Act
This rule does not contain any information collection requirements
that require 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 Part 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
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.
0
2. Amend section 252.203-7005 by--
0
a. Revising the provision date;
0
b. Revising paragraph (b); and
0
c. Adding ``(End of provision)'' at the end of the provision.
The addition and revisions read as follows:
252.203-7000 Representation Relating to Compensation of Former DoD
Officials.
* * * * *
Representation Relating to Compensation of Former DOD Officials (Sep
2022)
* * * * *
(b) By submission of this offer, the Offeror represents, to the
best of its knowledge and belief, that all covered DoD officials
employed by or otherwise receiving compensation from the Offeror,
and who are expected to undertake activities on behalf of the
Offeror for any resulting contract, are presently in compliance with
all applicable post-employment restrictions, including those
contained in 18 U.S.C. 207, 41 U.S.C. 2101-2107, 5 CFR part 2641,
section 1045 of the National Defense Authorization Act for Fiscal
Year 2018 (Pub. L. 115-91), and Federal Acquisition Regulation
3.104-2.
[[Page 59030]]
(End of provision)
[FR Doc. 2022-20965 Filed 9-28-22; 8:45 am]
BILLING CODE 5001-06-P
