DOL Acquisition Regulation: Department of Labor Acquisition Regulation System, 60612-60631 [2023-17739]
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60612
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Proposed Rules
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 23–287; RM–11961; DA 23–
750; FR ID 166960]
Television Broadcasting Services
Idaho Falls, Idaho
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
The Commission has before it
a petition for rulemaking filed by NPG
of Idaho, Inc. (Petitioner), the licensee of
KIFI–TV, channel 8, Idaho Falls, Idaho.
The Petitioner requests the substitution
of channel 18 for channel 8 at Idaho
Falls in the Table of Allotments.
DATES: Comments must be filed on or
before October 5, 2023 and reply
comments on or before October 20,
2023.
SUMMARY:
Federal Communications
Commission, Office of the Secretary, 45
L Street NE, Washington, DC 20554. In
addition to filing comments with the
FCC, interested parties should serve
counsel for the Petitioner as follows:
Patrick Cross, Esq., Brooks, Pierce,
McLendon, Humphrey & Leonard, L.L.P,
Wells Fargo Capitol Center, Suite 1700,
Raleigh, NC 27601.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at (202)
418–1647; or Joyce Bernstein, Media
Bureau, at Joyce.Bernstein@fcc.gov.
SUPPLEMENTARY INFORMATION: In
support, the Petitioner states that its
proposed channel substitution would
serve the public interest by resolving
reception issues currently experienced
by a meaningful cross-section of viewers
in KIFI–TV’s service area, thereby
expanding the availability of reliable,
free over-the-air network television
service within the market. According to
the Petitioner, KIFI–TV has received
numerous complaints about reception of
its channel 8 facility since the end of the
DTV transition in 2009, a common
difficulty shared by other stations with
VHF channel assignments in the Idaho
Falls market. The Petitioner further
states that the Commission has
recognized that VHF channels pose
challenges for their use in providing
digital television service, including
propagation characteristics of these
channels that allow undesired signals
and noise to be receivable at relatively
farther distances and that nearby
electrical devices tend to emit noise that
can cause interference in this band and
reception of VHF signal require
physically larger antennas relative to
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ADDRESSES:
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UHF channel antennas. Moreover, when
compared to the Station’s current
channel 8 facility, the proposed channel
18 facility will create a predicted service
loss of only 327 persons using the
Commission’s TVStudy software tool, a
number which the Petitioner asserts is
de minimis. The Petitioner also points
out that this loss prediction fails to
account for the longtime and ongoing
service challenges many KIFI–TV
viewers experience due to channel 8’s
inferior propagation characteristics,
which it expects will be remedied by
switching to a UHF channel.
This is a synopsis of the
Commission’s Notice of Proposed
Rulemaking, MB Docket No. 23–287;
RM–11961; DA 23–750, adopted August
23, 2023, and released August 23, 2023.
The full text of this document is
available for download at https://
www.fcc.gov/edocs. To request materials
in accessible formats (braille, large
print, computer diskettes, or audio
recordings), please send an email to
FCC504@fcc.gov or call the Consumer &
Government Affairs Bureau at (202)
418–0530 (VOICE), (202) 418–0432
(TTY). This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, do not apply to this proceeding.
Members of the public should note
that all ex parte contacts are prohibited
from the time a Notice of Proposed
Rulemaking is issued to the time the
matter is no longer subject to
Commission consideration or court
review, see 47 CFR 1.1208. There are,
however, exceptions to this prohibition,
which can be found in Section 1.1204(a)
of the Commission’s rules, 47 CFR
1.1204(a).
See Sections 1.415 and 1.420 of the
Commission’s rules for information
regarding the proper filing procedures
for comments, 47 CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Proposed Rule
For the reasons discussed in the
preamble, the Federal Communications
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Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—RADIO BROADCAST
SERVICE
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.622, in the table in
paragraph (j), under Idaho, revise the
entry for Idaho Falls to read as follows:
■
§ 73.622 Digital television table of
allotments.
*
*
*
(j) * * *
*
*
Community
*
Channel No.
*
*
*
*
Idaho
*
*
*
*
Idaho Falls ................. 18, 20, 36.
*
*
*
*
*
*
[FR Doc. 2023–18955 Filed 9–1–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF LABOR
48 CFR Chapter 29
RIN 1291–AA43
DOL Acquisition Regulation:
Department of Labor Acquisition
Regulation System
Office of the Assistant
Secretary for Administration and
Management, Department of Labor.
ACTION: Notice of proposed rulemaking;
request for comments.
AGENCY:
The Department of Labor
(DOL) is proposing to revise the
Department of Labor Acquisition
Regulations (DOLAR), in its entirety in
order to update and streamline agency
procurement regulations consistent with
the Federal Acquisition Reform Act, and
the Federal Acquisition Streamlining
Act. The proposed updates remove
provisions that are redundant or
obsolete and codify the use of certain
contractual provisions that DOL has
developed and deployed in recent years
in order to put potential contractors on
notice of these provisions and to
formalize their usage. The provisions
address a range of matters, including:
government property, continuity of
operations, system requirements,
SUMMARY:
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records management, telework policy
for contractor personnel, submission of
invoices, mandatory training for
contractors, organizational conflicts of
interest, and changing the scope of a
contract. Proposed edits have also been
made to existing language for clarity and
streamlining purposes and do not
change the substantive meaning of those
provisions. The proposed revision will
also remove provisions in the current
DOLAR that are DOL internal operating
procedures, which need not be
published in the Code of Federal
Regulations in order for them to take
effect. The current DOLAR supplements
the executive branch-wide Federal
Acquisition Regulations (FAR) to
address matters specific to the
Department of Labor relating to its
procurement of goods and services. It
also includes certain rules governing
private entities doing business with
DOL.
Comments must be received on
or before November 6, 2023 to be
considered in the formulation of the
final rule.
ADDRESSES: Comments may be
submitted through
www.Regulations.gov. Follow the
website instructions for submitting
comments. The electronic Federal
Docket Management System at
www.regulations.gov will accept
electronic comments until 11:59 p.m.
Eastern Time on the comment due date.
Comments received will be available at
regulations.gov for public viewing,
inspection, or copies.
FOR FURTHER INFORMATION CONTACT: Ms.
Isela Martin, Office of Suspension and
Debarment, N–2445, 200 Constitution
Ave. NW, Washington, DC 20210, (202)
693–7294. (This is not a toll-free
number.)
DATES:
SUPPLEMENTARY INFORMATION:
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I. Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of this rule via
one of the methods and by the deadline
stated above. All comments must be
submitted in English or accompanied by
an English translation. DOL also invites
comments that relate to the economic,
environmental, or federalism effects that
might result from this rule. Comments
that will provide the most assistance to
DOL in developing these procedures
will reference a specific portion of the
rule, explain the reason for any
recommended change, and include data,
information, or authority that supports
such recommended change.
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Please note that all comments
received are considered part of the
public record and made available for
public inspection at
www.regulations.gov. Such information
includes personally identifying
information (PII) (such as your name,
address, etc.). Interested persons are not
required to submit their personally
identifying information in order to
comment on this rule. However, any PII
that is submitted is subject to being
posted to the publicly accessible
www.regulations.gov site without
redaction.
Confidential business information
identified and located as set forth above
will not be placed in the public docket
file. DOL may withhold from public
viewing information provided in
comments that they determine may
impact the privacy of an individual or
is offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
www.regulations.gov. To inspect the
agency’s public docket file in person,
you must make an appointment with the
agency. Please see the FOR FURTHER
INFORMATION CONTACT section above for
agency contact information.
II. Discussion
A. Background—The FAR, the OFPP
Act, and the DOLAR
When Federal agencies acquire
supplies and services using
appropriated funds, the purchase is
governed by the government-wide FAR,
set forth at Title 48 of the Code of
Federal Regulations (CFR), Chapters 1
through 53, and by agency specific
regulations that implement and
supplement the FAR. DOL’s agency
specific procurement regulations are
found in the DOLAR, which is set forth
at Chapter 29 of Title 48 of the CFR,
Parts 2901 to 2953. The purpose of the
DOLAR is to implement the FAR within
DOL, and to supplement the FAR to
address certain subject matter not
covered in the FAR.
This rulemaking is issued under the
authority of the Office of Federal
Procurement Policy (OFPP) Act which
provides the authority for an agency
head to issue agency acquisition
regulations that implement or
supplement the FAR. DOL is proposing
to revise the DOLAR in its entirety in
order to update and streamline agency
procurement regulations consistent with
the Federal Acquisition Reform Act, and
the Federal Acquisition Streamlining
Act. The proposed updates remove
provisions that are redundant or
obsolete and codify provisions
addressing a range of matters, including:
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government property, continuity of
operations, system requirements,
records management, telework policy
for contractor personnel, submission of
invoices, mandatory training for
contractors, organizational conflicts of
interest, and changing the scope of a
contract. Proposed edits have also been
made to existing language for clarity and
streamlining purposes and do not
change the substantive meaning of those
provisions. The proposed revision will
also remove provisions in the current
DOLAR that are DOL internal operating
procedures, which need not be
published in the Code of Federal
Regulations in order for them to take
effect, per 41 U.S.C. 1707 and FAR
1.301(b), 1.303(b). These provisions are
not expected to have significant cost or
administrative impact on contractors or
offerors.
Codified acquisition regulations may
be amended and revised only through
rulemaking. The DOLAR uses the
regulatory structure and arrangement of
the FAR, and headings and subject areas
are consistent with FAR content. The
DOLAR is divided into subchapters,
parts (each of which covers a separate
aspect of acquisition), subparts and
sections.
B. Relation of the FAR to the DOLAR
The FAR contains many requirements
related to agency procurements, which
will not be repeated in DOL’s proposed
revision of the DOLAR. If the DOLAR
does not include provisions
supplementing the FAR under the
corresponding part or subpart, it is
because the FAR language is considered
sufficient. Where the DOLAR does not
address a FAR subject, the FAR
guidance is to be followed. The DOLAR
is not by itself a complete document, as
it must be read in conjunction with the
FAR.
C. Purpose of the Proposed Regulatory
Action
The current DOLAR was last revised
effective May 27, 2004, 69 FR 22990
(April 27, 2004). The revisions proposed
in this rule will, if finalized: align
internal departmental guidance in the
DOLAR with the FAR, remove outdated
and duplicative requirements,
streamline sections, remove extraneous
procedural information that applies
only to DOL’s internal operating
procedures, and incorporate new
regulatory sections to align with internal
agency procedures as contained in DOL
policy orders and policy instructions.
This rulemaking effort creates an
efficient DOLAR that is more
straightforward. The revised DOLAR
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will supersede the current regulation in
its entirety.
D. Analysis
As stated above, this NPRM seeks
comments on proposed changes that
revise the DOLAR in its entirety. The
proposed changes will remove parts
which contain internal DOL policy and
operating procedures, as well as parts
that duplicate or adopt the FAR by
reference; add parts which codify
clauses that are currently prescribed for
incorporation in DOL contracts, when
appropriate; and rename and renumber
sections to streamline the DOLAR.
The following parts of the current
DOLAR are being proposed for removal
because they are believed to relate to
internal operating procedures of DOL
and need not be published in the
Federal Register (per 41 U.S.C. 1707
and FAR 1.301(b) & 1.303(b)): Part
2906—Competition Requirements; Part
2908—Required Sources of Supplies
and Services; Part 2922—Application of
Labor Laws to Government
Acquisitions; Part 2923—Environment,
Energy and Water Efficiency, Renewable
Energy Technologies, Occupational
Safety, and Drug-Free Workplace; Part
2929—Taxes; Part 2931—Contract Cost
Principles and Procedures; and Part
2953—Forms.
The following parts of the current
DOLAR are being proposed for removal
because they are duplicative of the FAR,
or merely adopt it by reference: Part
2910—Market Research is duplicative of
FAR 6.302–1(c) and 10.002(b); Part
2912—Acquisition of Commercial items
Breach Notification Requirements;
Clause at 2952.232–70, Limitation of
Government’s Obligation (LoGO);
Clause 2952.232.71 Submission of
Invoices Clause at 2952.237–70,
Emergency Continuation of Essential
Services; Clause 2952.242–70, Access to
Contractor Business Systems; Clause
2952.242–71, DOL Mandatory Training
Requirements; Clause at 2952.243–70,
Contractor’s Obligation to Notify the
Contracting Officer of a Request to
Change the Contract Scope (Contractor’s
Obligation Clause); Clause at 2952.245–
70, Contractor Responsibility to Report
Theft of Government Property; and
Clause at 2952.245–71, Asset Reporting
Requirements. In addition to being
codified at section 2952.39–70, the
clause covering Section 508
Requirements is being revised to avoid
duplication with the FAR 508
provisions and to replace a generic
‘‘508’’ reference with the exact CFR
reference. This NPRM also proposes to
add the following two new parts to the
DOLAR for the sole purpose of
prescribing certain of the contractual
clauses described above: Part 2924—
Protection of Privacy and Freedom of
Information and Part 2939—Acquisition
of Information Technology.
Lastly, the table below details
subparts/sections that are being
proposed for renaming, renumbering or
both. Seven provisions also contain
edits either to provide clarity, remove
internal policy and procedure, or
remove duplicative regulations already
set forth in the FAR.
Current DOLAR provision
Proposed renaming/renumbering/edits
2901.4 Deviations from the FAR and DOLAR ....
2901.403 Individual Deviations from the FAR ....
Renamed: Deviations from the DOLAR.
Renumbered and Renamed: 2901.401 Individual Deviations from the DOLAR. Additionally,
proposing to edit language regarding the process for requesting individual deviations to provide clarity.
Renumbered and Renamed: 2901.402 Class deviations from the DOLAR. Additionally, proposing to edit language regarding the process for requesting class deviations to provide
clarity.
Renamed: PART 2902—DEFINITIONS.
2901.404 Class deviations ..................................
PART 2902—DEFINITIONS OF WORDS AND
TERMS.
Subpart 2.1 Definitions ........................................
Subpart 2903.1—Safeguards ..............................
2903.101 Standards of Conduct .........................
2903.101–1 General ...........................................
2942.101 Policy ...................................................
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is duplicative of FAR 12.302(c); Part
2913—Simplified Acquisition
Procedures is duplicative of FAR 1306–
3(b) and FAR 13.307; Part 2914—Sealed
Bidding is duplicative of 14.404–1(c)
and (f), 14.407–3(e), 14.407–3(i), and
14.408–1; Part 2916—Contract Types is
duplicative of FAR 16.505(b)(5) and
16.603–2(c); Part 2917—Special
Contracting Methods duplicates and
adopts by reference FAR 17.203(g)(2),
FAR 17.205(a), FAR 17.207(f), and FAR
17.503; Part 2930—Cost Accounting
Standards Administration adopts by
reference FAR 30.201–5; Part 2936—
Construction and Architect-Engineer
Contracts adopts by reference FAR
36.201, 36.209, 36.516, 63.602–1(b),
36.602–2, 36.602–3(d), 36.602–1,
36.602–5(b), 36.603, 36.604, and
36.702(c).; Part 2944—Subcontracting
Policies and Procedures duplicates FAR
44.201–1(b) or FAR 44.201–2 and
adopts by reference FAR 44.202–2(a)),
44.203, and 44.302(a).
DOL is proposing to codify the
following 15 standard contract clauses
at Part 2952, which are currently used
in DOL contracts, when appropriate, but
are new additions to the DOLAR: Clause
2952.201–70, Contracting Officer’s
Representative (COR) Clause; Clause
2952.204–70, Records Management
Requirements; Clause 2952.207–70,
Contractor Personnel Telework; Clause
2952.209–70, Organizational Conflict of
Interest Clause—OCI–1 Exclusion From
Future Agency Contracts; Clause at
2952.211–70, internet Protocol Version
6 (IPv6); Clause 2952.224–70, Privacy
2945.104 Review and correction of contractors’
property control systems.
2945.105 Records of Government property .......
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Renumbered: 2902.1 Definitions.
Renamed: Subpart 2903.1 Definitions.
Renamed: 2903.101 Definitions.
Renamed: 2903.101–1 Definitions. Also proposing to define Agency Ethics Official and remove instructions to DOL acquisition personnel on where to find statutory prohibitions,
which are contained in internal policy and procedure.
Renamed: 2942.101 Contract Audit Responsibilities. The proposed change will change this
into simply a heading and proposes to eliminate the internal procedure for the establishment
of billing rates and indirect cost rates since it is prescribed in FAR 42.7.
Renamed: 2945.104 Responsibility and Liability for Government Property. The proposed
change will transform this into simply a heading and proposes to eliminate procedures for
the review of a contractor’s property control system, because it is established in internal policy and procedure.
Renamed: Contractors’ property management system compliance. The proposed change will
transform this into simply a heading and proposes to eliminate internal process related to
Government furnished Property (GFP) files maintained by the CO, because these procedures are located in internal policy and procedure.
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Current DOLAR provision
Proposed renaming/renumbering/edits
2952.201–70 Contracting Officer’s Technical
Representative (COTR).
Renamed: 2952.201–70 Contracting Officer’s Representative (COR) Clause. Proposes to update to the most recent version of this clause where only paragraph (a) is proposed to establish issuance of COR delegation memo upon contract awards. No change to paragraphs
(b), and (c).
Attached to this rule is an Appendix
that provides a complete list of the
sections/sub-sections of the DOLAR that
are being removed, renamed, or added.
The table above and the Appendix will
not be codified.
III. Regulatory Certifications
Executive Orders 12866 (Regulatory
Planning and Review) and 13563
(Improving Regulation and Regulatory
Review)
This regulation has been drafted and
reviewed in accordance with Executive
Orders 12866 and 13563. This rule is
primarily limited to agency
organization, management and
personnel as described by E.O. 12866,
section 3(d)(3) and, thus, is not a
‘‘regulation’’ as defined by that
Executive Order. Executive Orders
12866 and 13563 direct agencies to
assess all costs and benefits of available
regulatory alternatives. DOL has
examined the economic, budgetary, and
policy implications of its regulatory
action, and has determined that the
impact on the public is minimal. The
regulation mainly relates to internal
DOL policies and procedures that do not
impact the public, and otherwise
addresses certain rules governing
private entities doing business with
DOL that likewise do not materially
impact the public.
Regulatory Flexibility Act/Small
Business Regulatory Enforcement
Fairness Act
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The Regulatory Flexibility Act (RFA),
at 5 U.S.C. 603(a), requires agencies to
prepare and make available for public
comment an initial regulatory flexibility
analysis, which describes the impact of
the proposed Rule on small entities.
Section 605 of the RFA allows an
agency to certify a Rule, in lieu of
preparing an analysis, if the proposed
rulemaking is not expected to have a
significant economic impact on a
substantial number of small entities.
This proposed rule seeks to streamline
DOL’s procurement regulation by
removing obsolete provisions, codifying
currently in use clauses, removing
provisions which are located in internal
policy or the FAR, and edits that do not
have a substantive impact on the
regulation. Therefore, this proposed rule
does not affect small entities as defined
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in the RFA and will not have a
significant economic impact on a
substantial number of these small
entities. As a result, no regulatory
flexibility analysis is required here.
therefore, do not apply, and DOL has
not prepared a statement under the Act.
Paperwork Reduction Act
DOL has reviewed the NPRM under
the terms of E.O. 13175 and DOL’s
Tribal Consultation Policy and have
concluded that the changes to regulatory
text which are the focus of the NPRM
would not have tribal implications, as
these changes do not have substantial
direct effects on one or more Indian
tribes, the relationship between the
Federal government and Indian tribes,
nor the distribution of power and
responsibilities between the Federal
government and Indian tribes.
Therefore, no consultations with tribal
governments, officials, or other tribal
institutions were necessary.
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that DOL
consider the impact of paperwork and
other information collection burdens
imposed on the public. DOL has
determined that this rule does not alter
any information collection burdens.
Executive Order 13132 (Federalism)
Section 6 of E.O. 13132 requires
Federal agencies to consult with State
entities when a regulation or policy may
have a substantial direct effect on the
States, the relationship between the
National Government and the States, or
the distribution of power and
responsibilities among the various
levels of government, within the
meaning of the E.O. Section 3(b) of the
E.O. further provides that Federal
agencies must implement regulations
that have a substantial direct effect only
if statutory authority permits the
regulation and it is of national
significance.
This proposed rulemaking revises the
DOLAR which is DOL’s regulation to
implement the FAR and to supplement
the FAR when coverage is needed for
subject matter not covered in the FAR.
Because the DOLAR primarily addresses
internal operating procedure, we have
determined that it does not have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment, as set forth in E.O. 13132.
Unfunded Mandates Reform Act of 1995
This regulatory action has been
reviewed in accordance with the
Unfunded Mandates Reform Act of 1995
(the Reform Act). Under the Reform Act,
a Federal agency must determine
whether a regulation proposes a Federal
mandate that would result in the
increased expenditures by State, local,
or tribal governments, in the aggregate,
or by the private sector, of $100 million
or more in any single year. This
proposed rule primarily makes
administrative changes with respect to
federal procurement administration.
The requirements of Title II of the Act,
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Executive Order 13175 (Indian Tribal
Governments)
List of Subjects
48 CFR Parts 2901, 2902, 2905, 2907,
2909, 2911, 2915, 2932, 2937, 2942,
2943
Government procurement,
Government contracts.
48 CFR Part 2903
Government procurement,
Government contracts, Conflicts of
interest.
48 CFR Part 2904
Government procurement,
Government contracts, Reporting and
recordkeeping requirements.
48 CFR Part 2919
Government procurement,
Government contracts, Small
businesses, Minority businesses.
48 CFR Parts 2924
Government procurement,
Government contracts, Privacy,
Freedom of information, Administrative
practice, and procedure.
48 CFR Parts 2928
Government procurement,
Government contracts, Surety bonds,
Insurance, bonds.
48 CFR Parts 2933
Government procurement,
Government contracts, Administrative
practice and procedures, Claims.
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48 CFR Parts 2939
Government procurement,
Government contracts, Computer
technology.
PART 2937—SERVICE CONTRACTING–
GENERAL
48 CFR Parts 2945
Government procurement,
Government contracts, Government
property, Government property
management.
PART 2938—PART 2938 [RESERVED]
PART 2939 ACQUISITION OF
INFORMATION TECHNOLOGY
PART 2940—PARTS 2940–2941 [RESERVED]
48 CFR Parts 2952
Government procurement,
Government contracts, Government
property, telework, internet,
telecommunications, Reporting and
recordkeeping requirements, Privacy,
Administrative practice and procedure,
Conflict of interests, Individuals with
disabilities.
■ For the reasons discussed in the
preamble, DOL proposes to revise 48
CFR Chapter 29 to read as follows:
PART 2942—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
PART 2943—CONTRACT MODIFICATIONS
PART 2944—PART 2944 [RESERVED]
PART 2945—GOVERNMENT PROPERTY
PART 2946—PARTS 2946–2951 [RESERVED]
CHAPTER 29—DEPARTMENT OF LABOR
SUBCHAPTER A—GENERAL
SUBCHAPTER A—GENERAL
PART 2900—PART 2900 [RESERVED]
PART 2901—DEPARTMENT OF LABOR
ACQUISITION REGULATION SYSTEM
PART 2902—DEFINITIONS
PART 2903—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
PART 2904—ADMINISTRATIVE MATTERS
PART 2900 [RESERVED]
SUBCHAPTER B—ACQUISITION PLANNING
PART 2905—PUBLICIZING CONTRACT
ACTIONS
PART 2906—PART 2906 [RESERVED]
PART 2907—ACQUISITION PLANNING
PART 2908—PART 2908 [RESERVED]
PART 2909—CONTRACTOR
QUALIFICATIONS
PART 2910—PART 2910 [RESERVED]
PART 2911—DESCRIBING AGENCY NEEDS
PART 2912—PARTS 2912–2913 [RESERVED]
Subpart 2901.1—Purpose, Authority,
Issuance
SUBCHAPTER F—SPECIAL CATEGORIES
OF CONTRACTING
SUBCHAPTER G—CONTRACT
MANAGEMENT
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SUBCHAPTER C—CONTRACTING
METHODS AND CONTRACT TYPES
PART 2914—PART 2914 [RESERVED]
PART 2915—CONTRACTING BY
NEGOTIATION
PART 2916—PARTS 2916–2917 [RESERVED]
SUBCHAPTER D—SOCIOECONOMIC
PROGRAMS
PART 2918—PART 2918 [RESERVED]
PART 2919—SMALL BUSINESS AND
SMALL DISADVANTAGED BUSINESS
CONCERNS
PART 2920—PARTS 2920–2923 [RESERVED]
PART 2924—PROTECTION OF PRIVACY
AND FREEDOM OF INFORMATION
PART 2925—PARTS 2925–2927 [RESERVED]
SUBCHAPTER E—GENERAL
CONTRACTING REQUIREMENTS
PART 2928—BONDS AND INSURANCE
PART 2929—PARTS 2929–2931 [RESERVED]
PART 2932—CONTRACT FINANCING
PART 2933—PROTESTS, DISPUTES, AND
APPEALS
PART 2934—PARTS 2934–2936 [RESERVED]
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SUBCHAPTER H—CLAUSE AND FORMS
PART 2952—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
PART 2953—PART 2953 [RESERVED]
PART 2954—PART 2954–2999 [RESERVED]
PART 2901—DEPARTMENT OF LABOR
ACQUISITION REGULATION SYSTEM
Subpart 2901.0—Scope of Subpart
2901.001
Scope of subpart.
2901.101 Purpose.
2901.103 Authority.
2901.105 Issuance.
2901.105–1 Publication and code
arrangement.
2901.105–2 Arrangement of regulations.
2901.105–3 Copies.
Subpart 2901.3—Agency Acquisition
Regulations
2901.304 Agency control and compliance
procedures.
Subpart 2901.4—Deviations from the
DOLAR
2901.401 Individual Deviations from the
DOLAR.
2901.402 Class deviations from the DOLAR.
Subpart 2901.6 Career Development,
Contracting Authority, and
Responsibilities
2901.602 Contracting Officers.
2901.602–1 Authority
2901.602–70 Contract Clause.
Signatory Authority.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
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2901.001
Scope of Subpart.
This chapter may be referred to as the
Department of Labor Acquisition
Regulation DOLAR. This subpart sets
forth introductory information about the
DOLAR. This subpart explains the
relationship of the DOLAR to the FAR
and explains the DOLAR’s purpose,
authority, applicability, exclusions, and
issuance.
Subpart 2901.1—Purpose, Authority,
Issuance
2901.101
Purpose.
(a) This chapter contains the DOLAR.
The DOLAR is established within the
FAR System, at Title 48 of the Code of
Federal Regulations (CFR).
(b) The purpose of the DOLAR is to
implement and supplement the FAR in
accordance with FAR Subpart 1.3 and
authorities cited therein. The DOLAR is
not by itself a complete document, as it
must be used in conjunction with the
FAR.
2901.103
Authority.
The DOLAR is issued pursuant to the
authority of the Secretary of Labor
under 5 U.S.C. 301 and 40 U.S.C. 486(c).
This authority has been delegated to the
Assistant Secretary for Administration
and Management in accordance with
FAR 1.301(d)(3).
2901.105
Issuance.
2901.105–1 Publication and code
arrangement.
The DOLAR is published in the CFR,
as Chapter 29 of Title 48.
2901.105–2
Arrangement of regulations.
(a) Where the DOLAR implements the
FAR, the implementing part, subpart,
section, or subsection of the DOLAR is
numbered and captioned, to the extent
feasible, the same as the FAR part,
subpart, section, or subsection being
implemented, except that the section or
subsection being implemented is
preceded with a ‘‘29’’ or a ‘‘290’’ such
that there will always be four numbers
to the left of the first decimal. For
example, the DOLAR implementation of
FAR 2.101 is 2902.101.
(b) The DOLAR may have gaps in its
numbering scheme because a FAR rule
may not require DOLAR
implementation.
2901.105–3
Subpart 2901.7—Determinations and
Findings
2901.707
Subpart 2901.0—Scope of Subpart
Copies.
Copies of the DOLAR published in the
Federal Register or the CFR may be
purchased from the Superintendent of
Documents, Government Printing
Office, Washington, DC 20402. Requests
should reference the DOLAR as chapter
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29 of title 48. The DOLAR is also
available electronically at the
Government Printing Office web page,
https://www.ecfr.gov/. The CFR is
printed in paperback edition with
updates as needed.
signatory authority for the various
determinations and findings (D&Fs)
resides with the SPE, or his/her
designee.
Subpart 2901.3—Agency Acquisition
Regulations
Subpart 2902.1—Definitions
2902.101
2901.304 Agency control and compliance
procedures.
Subpart 2901.4—Deviations From the
DOLAR
Individual Deviations from the
Individual deviations affect only one
contract action. Except for individual
deviations referenced in FAR 1.405(e),
the SPE is authorized to approve
individual deviations from FAR
provisions (see FAR 1.403) or from
DOLAR provisions.
2901.402
DOLAR.
Class deviations from the
(a) Class deviations affect more than
one contract action. If DOL believes that
it will require a class deviation on a
permanent basis, it will propose a FAR
revision per FAR 1.404.
(b) The SPE is authorized to approve
and process class deviations from the
FAR or the DOLAR, unless FAR 1.405(e)
is applicable.
Subpart 2901.6—Career Development,
Contracting Authority, and
Responsibilities
2901.602
Contracting Officers.
2901.602–1
Authority.
Only DOL contracting officers have
the authority to enter into, administer,
or terminate contracts and to make
related determinations and findings.
DOL contracting officers may bind DOL
to obligations under contracts only to
the extent of the authority delegated to
them.
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2901.602–70
Contract Clause.
(a) Contracting officers shall insert
clause 2952.201–70, Contracting
Officer’s Representative, in all
solicitations and awards.
Subpart 2901.7—Determinations and
Findings
2901.707
Signatory Authority.
Except as shown in the applicable
FAR or DOLAR, or where prohibited by
statute, the authority to sign or delegate
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Subpart 2903.2—Contractor Gratuities to
Government Personnel
2903.203 Reporting suspected violations of
the Gratuities clause.
2903.204 Treatment of violations.
Subpart 2903.7—Authority
2903.703 Authority.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Definitions.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
2902.101
The DOLAR is under the direct
oversight of the Department of Labor’s
(DOL) Senior Procurement Executive
(SPE) or designee.
2901.401
DOLAR.
PART 2902—DEFINITIONS
Subpart 2903.1—Definitions
2903.101
Definitions.
Definitions.
The following words and terms are
used as defined in this subpart unless
the context in which they are used
clearly requires a different meaning, or
a different definition is prescribed for a
particular part or portion of a part:
Head of Agency (also called agency
head), for the FAR and DOLAR only,
means the Assistant Secretary for
Administration and Management,
except that the Secretary of Labor is the
Head of Agency for acquisition actions,
which by the terms of a statute or
delegation must be performed
specifically by the Secretary of Labor;
the Inspector General is the Head of
Agency in all cases for the Office of the
Inspector General.
Head of Contracting Activity (HCA)
means the official who has overall
responsibility for managing the
Contracting Activity, as defined at FAR
2.101, when the Contracting Activity
has more than one person duly
appointed as Contracting Officers by the
Senior Procurement Executive or, in the
case of the Office of the Inspector
General, issued by the Inspector General
or his/her designee. Each Head of
Agency may designate HCA(s) as
appropriate to be responsible for
managing Contracting Activities within
his or her respective Agency.
Senior Procurement Executive (SPE),
as defined in the FAR, means the
individual appointed pursuant to 41
U.S.C. 1702(c) who is responsible for
management direction of the acquisition
system of the executive agency,
including implementation of the unique
acquisition policies, regulations, and
standards of the executive agency. At
DOL, the SPE is also the Chief
Procurement Officer and DOL’s
Suspending and Debarment Official and
is the Principal Executive responsible
for the Office of the Senior Procurement
Executive (OSPE).
2903.101–1
PART 2903—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
2904.703–70
Subpart 2903.1 Definitions
2903.101 Definitions.
2903.101–1 Definitions.
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Definitions.
Agency ethics official means the
Solicitor of Labor or the Associate
Solicitor for Legal Counsel or other
official as designated by the Solicitor of
Labor.
Subpart 2903.2—Contractor Gratuities
to Government Personnel
2903.203 Reporting suspected violations
of the Gratuities clause.
Contractor gratuities offered to
government personnel are subject to the
restriction under the Standards of
Ethical Conduct for Employees of the
Executive Branch, 5 CFR part 2635.
2903.204
Treatment of violations.
Any suspected violations of FAR
subpart 3.2 and the clause at FAR
52.203–3, Gratuities, must be reported
to the Office of the Inspector General.
The authority to determine whether a
violation of the Gratuities clause by the
contractor, its agent, or another
representative has occurred, and the
appropriate remedies, are delegated to
the HCA.
Subpart 2903.7—Authority
2903.703
Authority.
Pursuant to FAR 3.703 and 3.705(b),
the authority to void or rescind
contracts is delegated to the SPE.
PART 2904—ADMINISTRATIVE
MATTERS
Subpart 2904.7—Contractor Records
Retention
2904.703 Policy.
2904.703–70 Contract Clause.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Subpart 2904.7—Contractor Records
Retention
2904.703
Policy.
Contract Clause.
The contracting officer shall insert the
clause at DOLAR 2952.204–70, Records
Management Requirements, in all
solicitations and contracts in which the
contractor creates, works with, or
otherwise handles federal records, as
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defined in subsection (a) of the clause
at DOLAR 2952.204–70, regardless of
the medium in which the record exists.
SUBCHAPTER B—ACQUISITION PLANNING
PART 2905—PUBLICIZING CONTRACT
ACTIONS
Subpart 2905.2—Synopsis of Proposed
Contract Actions
2905.202
Exceptions.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2905.2—Synopsis of Proposed
Contract Actions
2905.202
Exceptions.
The Assistant Secretary for
Administration and Management is
authorized to make the determination
prescribed in FAR 5.202(b), subject to
the consultation requirements therein.
PART 2907—ACQUISITION PLANNING
Subpart 2907.1—Acquisition Plans
2907.101 Consolidation.
2907.108 Additional Requirements for
Telecommuting.
2907.108–70 Contract Clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2907.1 Acquisition Plans
2907.101
Consolidation.
The SPE shall make the determination
to approve consolidation per FAR
7.107–2.
2907.108 Additional Requirements for
Telecommuting.
2907.108–70
Contract Clause
(a) Contracting officers shall insert the
clause at DOLAR 2952.207–70,
Contractor Personnel Telework, in all
solicitations and contracts for services,
including construction services.
PART 2909—CONTRACTOR
QUALIFICATIONS
Subpart 2909.5—Organizational and
Consultant Conflicts of Interest
2915.605
2909.503
Subpart 2915.6—Unsolicited Proposals
Waiver.
(a) The Secretary of Labor delegates to
the SPE the authority to waive any
general rule or procedure in FAR
Subpart 9.5 when its application in a
particular situation would not be in the
Government’s best interest. In making
determinations under this subpart the
SPE shall consult with the Office of the
Solicitor.
(b) The relevant HCA must make the
request for such a waiver in writing to
the SPE who will consult with the
Agency Head with respect to each
waiver request. Each request must
include:
(1) An analysis of the facts involving
the potential or actual conflict, the
nature and extent of the conflict,
including benefits and costs to the
Government and prospective contractors
of granting the request;
(2) An explanation of the measures
taken to avoid, neutralize, and mitigate
the conflict, if any; and
(c) Identification of the provision(s) in
FAR 9.5 to be waived.
2909.507–70
PART 2911—DESCRIBING AGENCY
NEEDS
Subpart 2911.002 Policy
2911.002–1 Contract Clauses.
Subpart 2911.002 Policy
Subpart 2909.3 Definitions
Definitions.
Subpart 2909.5—Organizational and
Consultant Conflicts of Interest
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2909.503 Waiver.
2909.507–70 Contract Clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2909.3 Definitions
2909.301
At DOL, the debarring official is the
SPE.
At DOL, the suspending official is the
SPE.
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(a) In accordance with FAR 11.002(g),
FAR 12.202(e), and FAR 39.101(d), the
contracting officer shall insert the clause
at DOLAR 2952.211–70, Internet
Protocol Version 6 (IPv6) Clause, in all
solicitations/awards when acquiring
information technology products or
services that are expected to exceed the
micro-purchase threshold.
PART 2915—CONTRACTING BY
NEGOTIATION
Subpart 2915.6—Unsolicited Proposals
2915.604 Agency points of contact.
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Agency points of contact.
(a) The Director of Strategy and
Administration within the OSPE shall
be the point of contact for receipt of
unsolicited proposals. This
responsibility may be delegated by the
Director of S&A. Only the cognizant
contracting officer has the authority to
bind the Government by accepting an
unsolicited proposal.
(b) The OSPE Director of Strategy and
Administration is responsible for
handling unsolicited proposals to
ensure that unsolicited proposals are
controlled, evaluated, safeguarded, and
disposed of in accordance with FAR
15.6.
(c) The OSPE Director of Strategy and
Administration may not consider an
unsolicited proposal if the proposal
resembles an upcoming solicitation or a
procurement identified in the current
annual acquisition plan.
2915.605 Content of unsolicited
proposals.
In addition to the contents required
by FAR 15.605, unsolicited proposals
for research should contain a
commitment by the offeror to include
cost-sharing or should represent a
significant cost savings to DOL.
SUBCHAPTER D—SOCIOECONOMIC
PROGRAMS
PART 2919 SMALL BUSINESS AND
SMALL DISADVANTAGED BUSINESS
CONCERNS
Subpart 2919.2—Policies
2919.201 General Policy.
Subpart 2919.2—Policies
2919.201
Contract Clause.
SUBCHAPTER C—CONTRACTING
METHODS AND CONTRACT TYPES
Definitions.
2915.604
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
2911.002–1
2909.301
Contract Clause.
(a) Contracting officers shall insert the
clause at DOLAR 2952.209–70,
Organizational Conflict of Interest
Clause—OCI–1 Exclusion from Future
Agency Contracts, in all solicitations
and contracts for services, including
construction services and architectural
and engineering services, and any other
contract to which the Contractor Officer
deems the clause to be applicable.
Content of unsolicited proposals.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
General Policy.
The management of small and
disadvantaged business utilization
programs at DOL is the responsibility of
the Program Manager of the Office of
Small and Disadvantaged Business
Utilization (OSDBU), within the OSPE.
All DOL acquisition officials are
responsible for providing opportunities
to small businesses and small
disadvantaged businesses in DOL
acquisitions, in compliance with law,
directives, and the FAR. Further
information can be found at the OSDBU
website, currently accessible at https://
www.dol.gov/agencies/oasam/centersoffices/office-of-the-senior-procurementexecutive/office-of-small-anddisadvantaged-business-utilization.
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PART 2924—PROTECTION OF
PRIVACY AND FREEDOM OF
INFORMATION
Subpart 2924.1 Protection of Individual
Privacy
Procedures.
SUBCHAPTER E—GENERAL
CONTRACTING REQUIREMENTS
PART 2928—BONDS AND INSURANCE
Subpart 2928.106 Administration
Furnishing information.
Subpart 2928.2—Sureties and Other
Security for Bonds
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
The HCA or designee performs the
functions outlined in FAR 28.106–(c).
Subpart 2928.2—Sureties and Other
Security for Bonds
PART 2932—CONTRACT FINANCING
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Subpart 2932.4—Advance Payments for
Non-Commercial Items
2932.408 Applicability of Interest on
Advance Payments.
2932.703
Contract funding requirements.
Contract Clause.
Contract Clause.
(a) Contracting Officers shall insert
the clause at DOLAR 2952.232–71,
Submission of Invoices, in all
solicitations and contracts.
PART 2933—PROTESTS, DISPUTES,
AND APPEALS
Subpart 2933.1—Protests
2933.102
2933.103
2933.104
Subpart 2932.5 Progress Payments Based
on Costs
2932.501–2 Unusual progress payments.
2932.503–6 Suspension or reduction of
payments.
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Suspension or reduction of
Any action of a contracting officer
under FAR 32.503–6 requires approval
in advance from the HCA. Upon receipt
of approval from the HCA, the
contracting officer shall request the
contract finance office to suspend or
reduce payments.
2932.908
Contracting officers must refer
evidence of possible criminal or
fraudulent activities by an individual
surety to the Office of Inspector General.
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2932.503–6
payments.
Subpart 2932.9 Prompt Payment
Acceptability of individual
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Unusual progress payments.
After consulting with the SPE, the
HCA may approve requests for
‘‘unusual’’ progress payments.
(a) Contracting officers shall insert the
clause at DOLAR 2952.232–70,
Limitation of Government’s Obligation
(LoGO), in all solicitations and contracts
for severable services.
Furnishing information.
2932.703 Contract funding requirements.
2932.703–70 Contract Clause.
2932.501–2
2932.703–70
Subpart 2928.106 Administration
Subpart 2932.7 Contract Funding
Subpart 2932.5 Progress Payments
Based on Costs
Subpart 2932.7 Contract Funding
2928.203 Acceptability of individual
sureties.
2928.203
sureties.
After consulting with the SPE, the
HCA may authorize advance payments
without interest pursuant to FAR
32.407.
Contract Clause.
(a) Contracting officers shall insert the
clause at DOLAR 2952.224–70, Privacy
Breach Notification Requirements, in all
solicitations and contracts except
solicitations and contracts that are
solely for the acquisition of
commercially available off-the-shelf
items.
2928.106–6
2933.102
Contract Clause.
2932.408 Applicability of Interest on
Advance Payments.
Authority: 5 U.S.C. 301; 40 U.S.C. 486©.
106–6
2932.908
Subpart 2932.4—Advance Payments
for Non-Commercial Items
2924.103 Procedures.
2924–103–70 Contract Clause.
2924.103–70
Subpart 2933.1—Protests
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2924–1 Protection of Individual
Privacy
2924.103
Subpart 2932.9 Prompt Payment
General.
Protests to the agency.
Protests to GAO.
Subpart 2933.2—Disputes and Appeals
2933.203 Applicability.
2933.209 Suspected fraudulent claims.
2933.212 Contracting officer’s duties upon
appeal.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c);
E.O. 12979, 60 FR 55171, 3 CFR, 1995 Comp.,
p. 417.
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General.
(1) The relevant contracting officer
coordinates DOL’s response to
procurement protests filed with the U.S.
Government Accountability Office
(GAO), in consultation with DOL legal
counsel at the Office of the Solicitor.
(2) The authority of the Agency Head
under FAR 33.102(b) to determine that
a solicitation, proposed award, or award
does not comply with the requirements
of law or regulation is delegated to the
HCA.
2933.103
Protests to the agency.
(a) The relevant contracting officer
shall be the point of contact for agencylevel protests. Upon receipt of an agency
level protest, the contracting officer
immediately notifies the Director of
Strategy and Administration within the
OSPE and the Office of the Solicitor of
the protest,
(b) OSPE’s Director of Strategy and
Administration is the Agency Protest
Official.
2933.104
Protests to GAO.
(a) Protests before award. The
authority of the relevant HCA under
FAR 33.104(b) to authorize a contract
award when the agency has received
notice from the GAO of a protest filed
directly with the GAO is nondelegable.
In coordination with SOL, the HCA
prepares the written finding with the
information required by FAR
33.104(b)(1). Protests after award. The
authority of the HCA under FAR
33.104(c) to authorize contract
performance when the agency has
received notice from the GAO of a
protest filed directly with the GAO is
nondelegable. In coordination with the
Office of the Solicitor, the HCA prepares
and provides to the GAO the written
finding with the information required
by FAR 33.104(c)(2).
(b) Notice to the GAO. The authority
of the HCA under FAR 33.104(g), to
report to the GAO the failure to fully
implement the GAO recommendations
with respect to a solicitation for a
contract or an award or a proposed
award of a contract within 60 days of
receiving the GAO recommendations, is
nondelegable. The written notice must
be coordinated with the Office of the
Solicitor.
■ Subpart 2933.2—Disputes and
Appeals
2933.203
Applicability.
The authority of the Agency Head for
action under FAR Subpart 33.2 is
delegated to the SPE.
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Suspected fraudulent claims.
The contracting officer must refer all
matters relating to suspected fraudulent
claims by a contractor under the
conditions in FAR 33.209 to the Office
of the Inspector General for further
action or investigation.
2933.212
appeal.
Contracting officer’s duties upon
(a) When a notice of appeal to the
Civilian Board of Contract Appeals has
been received, the contracting officer
must record the date of mailing (or the
date of receipt if the notice was not
mailed). The contracting officer must
also immediately notify the Office of the
Solicitor of the appeal.
(b) The contracting officer should
prepare and transmit the administrative
file to the Office of the Solicitor and
assist the Office of the Solicitor in the
defense of the appeal and related
matters.
PART 37 SERVICE CONTRACTING—
GENERAL
Subpart 2937.1 Service Contract—General
2937.110
Contract Clause.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Subpart 2942.1 Contract Audit Services
2942.101 Contract Audit Responsibilities.
2942.101–70 Contract Clause.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Subpart 2942.1—Contract Audit
Services
2942.101
Contract audit responsibilities.
(a) Contracting officers shall insert the
clause at DOLAR 2952.242–70, Access
to Contractor Business Systems, in all
solicitations and contracts that include
a covered contractor system, which is a
system that is owned by, or operated by
or for, a contractor that processes,
stores, or transmits Federal information.
2942.101–70
Contract Clause.
2937.110
Subpart 2943.1 General
SUBCHAPTER F—SPECIAL CATEGORIES
OF CONTRACTING
PART 2939—ACQUISITION OF
INFORMATION TECHNOLOGY
Subpart 2939.2—Information and
Communication Technology
2939.2–70
Contract Clause.
Authority: 29 U.S.C. 794, 36 CFR 1194.1.
(a) Contracting officers shall insert the
clause at DOLAR 2952.239–70, Section
508 Requirements, in all solicitations
and contracts for the acquisition of
Information and Communication
Technology (ICT) to be used by the
DOL.
16:51 Sep 01, 2023
2943.104–70
Contract Clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2943.1 General
2943.104
Notification of contract changes.
2943.104–70
Contract Clause.
(a) Contracting officers shall insert the
clause at DOLAR 2952.243–70,
Contractor’s Obligation to Notify the
Contracting Officer of a Request to
Change the Contract Scope (Contractor’s
Obligation Clause), in all solicitations
and contracts.
Subpart 2945.1 General
Contract Clause.
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PART 2945—GOVERNMENT
PROPERTY
Subpart 2939.2—Information and
Communication Technology
2939.2–70
2943.104
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2945.104 Responsibility and Liability for
Government Property
2945.104–70 Contract clause.
Subpart 2945.105 Contractors’ Property
Management System Compliance
2945.105–70
Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
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2045.104 Responsibility and liability for
Government Property
2945.104–70
Contract Clause.
(a) Contracting officers shall insert the
clause at DOLAR 2952.245–70,
Contractor Responsibility to Report
Theft of Government Property, in all
solicitations and contracts that contain
FAR clause 52.245–1, Government
Property.
Subpart 2945.105 Contractors’
Property Management System
Compliance
2945.105–70
Contract Clause.
(a) Contracting officers shall insert the
clause at DOLAR 2952.245–71, Asset
Reporting Requirements, in all
solicitations and contracts for the
acquisition of Accountable Property to
increase the management and tracking
of high-value government assets.
SUBCHAPTER H—CLAUSE AND FORMS
(a) Contracting officers shall insert the
clause at DOLAR 2952.242–71, DOL
Mandatory Training Requirements for
Contractor Employees, in all
solicitations and contracts for services,
including construction services.
PART 2943—CONTRACT
MODIFICATIONS
Contract Clause.
Subpart 2945.1 General
PART 2942—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
Subpart 2937.1 Service Contract—
General
(a) Contracting officers shall insert the
clause at DOLAR 2952.237–70,
Emergency Continuation of Essential
Services, in all solicitations and
contracts that support essential
functions identified in agency
continuity plans.
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SUBCHAPTER G—CONTRACT
MANAGEMENT
PART 2952—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
Subpart 2952.2—Text of Provisions and
Clauses
2952.201–70 Contracting Officer’s
Representative (COR) Clause.
2952.204–70 Records Management
Requirements.
2952.207–70 Contractor Personnel
Telework.
2952.209–70 Organizational Conflict of
Interest Clause—OCI–1 Exclusion From
Future Agency Contracts.
2952.211–70 Internet Protocol Version 6
(IPv6) Clause.
2952.224–70 Privacy Breach Notification
Requirements.
2952.232–70 Limitation of Government’s
Obligation (LoGO).
2952.232–71 Submission of Invoices.
2952.237–70 Emergency Continuation of
Essential Services.
2952.239–70 Section 508 Requirements.
2952.242–70 Access to Contractor Business
Systems.
2952.242–71 DOL Mandatory Training
Requirements for Contractor Employees.
2952.243–70 Contractor’s Obligation to
Notify the Contracting Officer of a
Request to Change the Contract Scope
(Contractor’s Obligation Clause).
2952.245–70 Contractor Responsibility to
Report Theft of Government Property.
2952.245–71 Asset Reporting Requirements.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2952.2—Text of Provisions
and Clauses
2952.201–70 Contracting Officer’s
Representative (COR) Clause.
As prescribed in 2901.602–70, insert
the following clause:
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Contracting Officer’s Representative (COR)
Clause (SEPTEMBER 2014)
(a) A Contracting Officer’s Representative
(COR) will be delegated upon award. A copy
of the delegation memorandum will be
provided to the COR and a delegation letter
sent to the vendor.
(b) The COR, is responsible as applicable
for: receiving all deliverables; inspecting and
accepting the supplies or services provided
hereunder in accordance with the terms and
conditions of this contract; providing
direction to the contractor which clarifies the
contract effort, fills in details or otherwise
serves to accomplish the contractual scope of
work; evaluating performance; and certifying
all invoices/vouchers for acceptance of the
supplies or services furnished for payment.
(c) The COR does not have the authority to
alter the contractor’s obligations under the
contract, and/or modify any of the expressed
terms, conditions, specifications, or cost of
the agreement. If, as a result of technical
discussions, it is desirable to alter/change
contractual obligations or the scope of work,
the contracting officer must issue such
changes.
(End of Clause)
2952.204–70 Records Management
Requirements.
(a) As prescribed in 2904.703–70,
insert the following clause:
Records Management Requirements (August
2018)
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A. Definitions
‘‘Federal record’’ as defined in 44 U.S.C.
3301, includes all recorded information,
regardless of form or characteristics, made or
received by a federal agency under federal
law or in connection with the transaction of
public business and preserved or appropriate
for preservation by that agency or its
legitimate successor as evidence of the
organization, functions, policies, decisions,
procedures, operations, or other activities of
the United States Government or because of
the informational value of data in them.
The term federal record:
(a) Includes DOL records.
(b) Does not include personal materials.
(c) Applies to records created, received, or
maintained by contractors pursuant to their
DOL contract.
(d) May include deliverables and
documentation associated with deliverables.
B. Requirements
(a) Contractor shall comply with all
applicable records management laws and
regulations, as well as National Archives and
Records Administration (NARA) records
policies, including but not limited to, the
Federal Records Act (44 U.S.C. chs. 21, 29,
31, 33), NARA regulations at 36 CFR Chapter
XII Subchapter B, and those policies
associated with the safeguarding of records
covered by the Privacy Act of 1974 (5 U.S.C.
552a). These policies include the
preservation of all records, regardless of form
or characteristics, mode of transmission, or
state of completion.
(b) In accordance with 36 CFR 1222.32(b),
all data created for Government use and
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delivered to, or falling under the legal control
of, the Government are federal records
subject to the provisions of 44 U.S.C.
chapters 21, 29, 31, and 33, the Freedom of
Information Act (FOIA) (5 U.S.C. 552), as
amended, and the Privacy Act of 1974 (5
U.S.C. 552a), as amended and must be
managed and scheduled for disposition only
as permitted by statute or regulation.
(c) In accordance with 36 CFR 1222.32,
contractor shall maintain all records created
for government use or created in the course
of performing the contract and/or delivered
to, or under the legal control of the
Government and must be managed in
accordance with federal law. Electronic
records and associated metadata must be
accompanied by sufficient technical
documentation to permit understanding and
use of the records and data.
(d) DOL and its contractors prevent the
alienation or unauthorized destruction of
records, including all forms of mutilation.
Records may not be removed from the legal
custody of DOL or destroyed except for in
accordance with the provisions of the
applicable agency schedules and with the
written concurrence of the Head of the
Contracting Activity in consultation with the
Agency Records Officer. Willful and
unlawful destruction, removal, damage, or
alienation of federal records is subject to the
fines and penalties imposed by 18 U.S.C.
2701. In the event of any unlawful or
accidental removal, defacing, alteration, or
destruction of records, contractor must report
to DOL. The agency must report the incident
directly to their Agency Records Officer. The
Agency Records Officer will engage the
Departmental Records Officer who will
follow procedures promptly to report to
NARA in accordance with 36 CFR 1230.
(e) The contractor shall immediately notify
the appropriate contracting officer upon
discovery of any inadvertent or unauthorized
disclosures of information, data,
documentary materials, records, or
equipment. Disclosure of non-public
information is limited to authorized
personnel with a need-to-know as described
in the contract. The contractor shall ensure
that the appropriate personnel,
administrative, technical, and physical
safeguards are established to ensure the
security and confidentiality of this
information, data, documentary material,
records and/or equipment is properly
protected. The contractor shall not remove
material from government facilities or
systems, or facilities or systems operated or
maintained on the Government’s behalf,
without the express written permission of the
Head of the Contracting Activity. When
information, data, documentary material,
records, and/or equipment is no longer
required, it shall be returned to DOL’s
control, or the contractor must hold it until
otherwise directed. Items returned to the
Government shall be hand carried, mailed,
emailed, or securely electronically
transmitted to the contracting officer or
address prescribed in the contract.
Destruction of records is EXPRESSLY
PROHIBITED unless in accordance with
Paragraph (4).
(f) The contractor is required to obtain the
contracting officer’s approval prior to
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engaging in any contractual relationship
(sub-contractor) in support of this contract
requiring the disclosure of information,
documentary material, and/or records
generated under, or relating to, contracts. The
contractor (and any sub-contractor) is
required to abide by government and DOL
guidance for protecting sensitive, proprietary
information, classified, and controlled
unclassified information.
(g) The contractor shall only use
government IT equipment for purposes
specifically tied to or authorized by the
contract and in accordance with DOL policy.
(h) The contractor shall not create or
maintain any records containing any nonpublic DOL information that are not
specifically tied to or authorized by the
contract.
(i) The contractor shall not retain, use, sell,
or disseminate copies of any deliverable that
contains information covered by the Privacy
Act of 1974 or that which is generally
protected from public disclosure by an
exemption to the Freedom of Information
Act.
(j) [Insert the following if no other data
rights clause has been included in the
contract] The DOL owns the rights to all data
and records produced as part of this contract.
All deliverables under the contract are the
property of the U.S. Government for which
DOL shall have unlimited rights to use,
dispose of, or disclose such data contained
therein as it determines to be in the public
interest. Any contractor rights in the data or
deliverables must be identified as required by
FAR 52.227–11 through FAR 52.227–20.
(k) Training. All contractor employees
assigned to this contract who create, work
with, or otherwise handle records are
required to take the annual mandatory
records management training, provided by
DOL, as directed by the Contracting Officer’s
Representative (COR). The training shall be
completed in a timeframe specified by the
COR. The contractor confirms training has
been completed according to agency policies,
including initial training and any annual or
refresher training.
C. Flow Down of Requirements to
Subcontractors
(a) The contractor shall incorporate the
substance of this clause, its terms, and
requirements, including this paragraph, in all
subcontracts under this contract and require
written subcontractor acknowledgment of
same.
(b) Violation by a subcontractor of any
provision set forth in this clause will be
attributed to the contractor.
(End of Clause)
2952.207–70
Telework.
Contractor Personnel
As prescribed in 2907.108–70, insert
the following clause:
Contractor Personnel Telework (October
2021)
The Government shall not provide or
reimburse contractor personnel for internet
connectivity.
(End of Clause)
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2952.209–70 Organizational Conflict of
Interest Clause—OCI–1 Exclusion From
Future Agency Contracts.
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As prescribed in 2909.507–70, insert
the following clause:
Organizational Conflict of Interest Clause—
OCI–1 Exclusion From Future Agency
Contracts (December 2012)
This clause supplements the FAR
provisions on organizational conflicts of
interest, located at FAR subpart 9.500 and
should be read in conjunction with these
provisions. To the extent there is any
inconsistency or confusion between the two
provisions, the FAR provision controls.
(a) Work under this contract may create a
future organizational conflict of interest (OCI)
that could prohibit the contractor from
competing for, or being awarded, future
government contracts.
The following examples illustrate
situations in which organizational conflicts
of interest may arise. They are not all
inclusive, but will be used by the contracting
officer as general guidance in individual
contract situations:
(1) Unequal Access to Information. The
performance of this contract may provide
access to ‘‘nonpublic information,’’ which
could provide the contractor an unfair
competitive advantage in later solicitations or
competitions for other DOL contracts. Such
an advantage could be perceived as unfair by
a competing vendor who is not given similar
access to the same nonpublic information
that is related to the future procurement
action. If you, as a contractor, in performing
this contract, obtain nonpublic information
that is relevant to a future procurement
action, you may be required to submit and
negotiate an acceptable mitigation plan prior
to being deemed eligible to compete on the
future action. Alternatively, the ‘‘nonpublic
information’’ may be provided to all offerors.
(2) Biased Ground Rules. Your contract
with DOL may have, in some fashion,
established important ‘‘ground rules’’ for
another DOL procurement, in which you may
desire to be a competitor. For example, this
contract may involve you drafting the
statement of work, specifications, or
evaluation criteria for a future DOL
procurement. The primary concern, in any
such situation, is that any such firm could
skew the competition, whether intentionally
or not, or be perceived as having skewed the
competition, in its own favor. If the
requirements of this DOL contract anticipate
the contractor may be placed in a position to
establish important ground rules, including
but not limited to those described herein, the
contractor may be precluded from competing
in the related action or, if possible, may be
required to submit and negotiate an
acceptable mitigation plan.
(3) Impaired Objectivity. The performance
of this contract may result in the contractor
being placed in a situation where it is able,
or required, to provide assessment and
evaluation findings concerning itself, another
business division, a subsidiary or affiliate, or
other entity with which it has a significant
financial relationship. The concern in this
case is that the contractor’s ability to render
impartial advice to DOL could appear to be
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undermined by the contractor’s financial or
other business relationship to the entity
whose work product is being assessed or
evaluated. In these situations, a ‘‘walling off’’
of lines of communication between entities
or divisions may be acceptable, but it also
may not be sufficient to remove the
perception that the objectivity of the
contractor has been tainted. If the
requirements of the DOL procurement
indicate that a contractor may be placed in
a position to provide evaluations and
assessments of itself or other entities with
which it has a significant financial
relationship, the affected contractor should
notify DOL immediately. The contractor may
also be required to provide a mitigation plan
that includes recusal by the contractor from
one of the affected contracts. Such recusal
might include divestiture of the work to a
third party.
(b) In order to prevent a future OCI of any
kind, the contractor shall be subject to the
following restrictions:
(1) The contractor may be excluded from
competition for, or award of, any government
contracts as to which, in the course of
performing another contract, the contractor
has received nonpublic and competitively
relevant information before such information
has been made generally available to other
persons or firms.
(2) The contractor may be excluded from
competition for, or award of, any government
contract for which the contractor actually
assisted or participated in the development
of specifications or statements of work.
(3) The contractor may be excluded from
competition for or award of, any government
contract which calls for it to evaluate itself,
any affiliate, or any products or services
produced or performed thereby.
(4) The contractor may be excluded from
competition for, or award of, any government
contract calling for the production or
performance of any product or service for
which the contractor participated in the
development of requirements or definitions
pursuant to another contract.
(c) This clause shall not exclude the
contractor from performing work under any
modification to this contract or from
competing for award of any future contract
for work that is the same or similar to work
performed under this contract, so long as the
conditions above are not present. This clause
does not prohibit an incumbent from
competing on a follow-on competition, but
the contracting officer may require a
mitigation plan or other steps as needed to
ensure that there has not been an unequal
access to nonpublic competitively sensitive
information.
(d) The term ‘‘contractor’’ as used in this
clause, includes any person, firm or
corporation that owns or controls, or is
owned or controlled by, the contractor. The
term also includes the corporate officers of
the contractor.
(e) The agency may in its sole discretion,
waive any provisions of this clause if deemed
in the best interest of the Government. The
exclusions contained in this clause shall
apply for the duration of this contract and for
three (3) years after completion and
acceptance of all work performed hereunder,
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or such other period as the contracting officer
shall direct.
(f) If any provision of this clause excludes
the contractor from competition for, or award
of any contract, the contractor shall not be
permitted to serve as a subcontractor, at any
tier, on such contract. This clause shall be
incorporated into any subcontracts or
consultant agreements awarded under this
contract unless the contracting officer
determines otherwise.
(End of Clause)
2952.211–70 Internet Protocol Version 6
(IPv6) Clause.
As prescribed in 2911.002–1, insert
the following clause:
Internet Protocol Version 6 (IPv6) Clause
(May 2015)
(a) Any system or product that includes:
hardware, software, firmware, and/or
networked components, including but not
limited to, voice, video, or data that is
developed, procured, or acquired in support
and/or performance of this requirement shall
be capable of transmitting, receiving,
processing, or forwarding digital information
across system boundaries that are formatted
in accordance with commercial standards of
internet Protocol (IP) version 6 (IPv6) as set
forth in the USGv6 Profile (NIST Special
Publication 500–267) and corresponding
declarations of conformance defined in the
USGv6 Test Program.
(b) This IPv6 capable system or product
shall maintain interoperability with IPv4
systems and provide the same level of
performance and reliability capabilities of
IPv4 systems.
(c) This IPv6 capable system or product
shall have available IPv4 and IPv6 technical
support for development, implementation,
and troubleshooting of the system.
(d) This IPv6 capable system or product
can be upgraded, or the vendor will provide
an appropriate migration path for industryrequired changes to IPv6 as the technology
evolves, at no additional cost to the
Government.
(e) This IPv6 capable system or product
must be able to operate on networks
supporting IPv4 & IPv6, as well as networks
that support both.
(f) Any system or product whose IPv6 noncompliance is discovered and made known
to the vendor/contractor within 12 months of
the start of performance shall be upgraded,
modified, replaced, or brought into
compliance at no additional cost to the
Federal Government.
(End of Clause)
2952.224–70 Privacy Breach Notification
Requirements.
As prescribed in 2924.103–70, insert
the following clause:
Privacy Breach Notification Requirements
(April 2018)
A. Definitions
‘‘Breach’’ is defined as the loss of control,
compromise, unauthorized disclosure,
unauthorized acquisition, or any similar
occurrence where—
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(a) A person other than an authorized user
accesses or potentially accesses Personally
Identifiable Information (PII); or
(b) An authorized user accesses or
potentially accesses PII for an unauthorized
purpose.
Information’’ is defined as any
communication or representation of
knowledge such as facts, data, or opinions in
any medium or form, including textual,
numerical, graphic, cartographic, narrative,
electronic, or audiovisual forms (See Office
of Management and Budget (OMB) Circular
No. A–130, Managing Federal Information as
a Strategic Resource).
‘‘Information System’’ is defined as a
discrete set of information resources
organized for the collection, processing,
maintenance, use, sharing, dissemination, or
disposition of information (44 U.S.C. 3502).
‘‘Personally Identifiable Information’’ is
defined as information that can be used to
distinguish or trace an individual’s identity,
either alone or when combined with other
information that is linked or linkable to a
specific individual. (See OMB Circular No.
A–130, Managing Federal Information as a
Strategic Resource).
B. Requirements
(a) Contractors and subcontractors who
collects or maintains federal information on
behalf of the agency or uses or operates an
information system on behalf of the agency,
shall comply with federal law e.g., FISMA
2014, E-Government Act and the Privacy Act.
Additionally, the contractor shall meet OMB
directives and National Institute of Standards
and Technology Standards to ensure
processing of PII is adequately managed.
(b) The contractor shall:
(1) Properly encrypt PII in accordance with
appropriate laws, regulations, directives,
standards or guidelines;
(2) Report to DOL any suspected or
confirmed breach in any medium or form,
including paper, oral, and electronic within
one hour of discovery;
(3) Cooperate with and exchange
information with DOL (contracting officer
and Contracting Officer’s Representative) as
well as allow for an inspection, investigation,
forensic analysis, as determined necessary by
the DOL, in order to effectively report and
manage a suspected or confirmed breach;
(4) Maintain capabilities to determine what
DOL information was or could have been
compromised and by whom, construct a
timeline of user activity, determine methods
and techniques used to access federal
information, and identify the initial attack
vector;
(5) Ensure staff that have access to DOL
systems or information are regularly trained
to identify and report a security incident.
This includes the completion of any DOL
mandatory training for contractors;
(6) Take steps to address security issues
that have been identified, including steps to
minimize further security risks to those
individuals whose PII was lost,
compromised, or potentially compromised.
(7) Report incidents per DOL incident
management policy and US–CERT
notification guidelines.
(c) Remedy:
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(1) A report of a breach shall not, by itself,
be interpreted as evidence that the contractor
or its subcontractor (at any tier) failed to
provide adequate safeguards for PII. If the
contractor is determined to be at fault for the
breach, the contractor may be financially
liable for government costs incurred in the
course of breach response and mitigation
efforts;
(2) The contractor shall take steps to
address security issues that have been
identified, including steps to minimize
further security risks to those individuals
whose PII was lost, compromised, or
potentially compromised. Additionally, the
individual or individuals directly responsible
for the data breach shall be removed from the
contract within 45 days of the breach of data;
and
(3) The Government reserves the right to
exercise all available contract remedies
including, but not limited to, a stop-work
order on a temporary or permanent basis in
order to address a breach or upon discovery
of a contractor’s failure to report a breach as
required by this clause. If the contractor is
determined to be at fault for a breach, the
contractor shall provide credit monitoring
and privacy protection services for one year
to any individual whose private information
was accessed or disclosed. The individual
shall be given the option, but the decision is
theirs. Those services will be provided solely
at the expense of the contractor and will not
be reimbursed by the Federal Government.
(End of Clause)
2952.232–70 Limitation of Government’s
Obligation (LoGO).
As prescribed in 2932.703–70, insert
the following clause:
Limitation of Government’s Obligation
(LoGO)—(July 2014)
(a) Contract line item(s) ($ to be
determined at the exercise of each option)
through ($ to be determined at the exercise
of each option) are incrementally funded. For
these item(s), the sum of ($ to be determined
at the exercise of each option) of the total
price is presently available for payment and
allotted to this contract. An allotment
schedule is set forth in paragraph (j) of this
clause.
(b) For item(s) identified in paragraph (a)
of this clause, the contractor agrees to
perform up to the point at which the total
amount payable by the Government,
including reimbursement in the event of
termination of those item(s) for the
Government’s convenience, approximates the
total amount currently allotted to the
contract. The contractor is not authorized to
continue work on those item(s) beyond that
point. The Government will not be obligated
in any event to reimburse the contractor in
excess of the amount allotted to the contract
for those item(s) regardless of anything to the
contrary in the clause entitled ‘‘Termination
for Convenience of the Government.’’ As
used in this clause, the total amount payable
by the Government in the event of
termination of applicable contract line
item(s) for convenience includes costs, profit,
and estimated termination settlement costs
for those item(s).
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(c) Notwithstanding the dates specified in
the allotment schedule in paragraph (j) of this
clause, the contractor will notify the
contracting officer in writing at least thirty
days prior to the date when, in the
contractor’s best judgment, the work will
reach the point at which the total amount
payable by the Government, including any
cost for termination for convenience, will
approximate 80 percent of the total amount
presently allotted to the contract for
performance of the applicable item(s). The
notification will state (1) the estimated date
when that point will be reached and (2) an
estimate of additional funding, if any, needed
to continue performance of applicable line
items up to the next scheduled date for
allotment of funds identified in paragraph (j)
of this clause, or to a mutually agreed upon
substitute date. The notification will also
advise the contracting officer of the estimated
amount of additional funds that will be
required for the timely performance of the
item(s) funded pursuant to this clause, for a
subsequent period as may be specified in the
allotment schedule in paragraph (j) of this
clause or otherwise agreed to by the parties.
If after such notification additional funds are
not allotted by the date identified in the
contractor’s notification, or by an agreed
substitute date, the contracting officer will
terminate any item(s) for which additional
funds have not been allotted, pursuant to the
clause of this contract entitled ‘‘Termination
for Convenience of the Government.’’
(d) When additional funds are allotted for
continued performance of the contract line
item(s) identified in paragraph (a) of this
clause, the parties will agree as to the period
of contract performance, which will be
covered by the funds. The provisions of
paragraphs (b) through (d) of this clause will
apply in like manner to the additional
allotted funds and agreed substitute date, and
the contract will be modified accordingly.
(e) If, solely by reason of failure of the
Government to allot additional funds, by the
dates indicated below, in amounts sufficient
for timely performance of the contract line
item(s) identified in paragraph (a) of this
clause, the contractor incurs additional costs
or is delayed in the performance of the work
under this contract and if additional funds
are allotted, an equitable adjustment will be
made in the price or prices (including
appropriate target, billing, and ceiling prices
where applicable) of the item(s), or in the
time of delivery, or both. Failure to agree to
any such equitable adjustment hereunder
will be a dispute concerning a question of
fact within the meaning of the clause entitled
‘‘Disputes.’’ In no event shall the equitable
adjustment be more than the contract line
item(s) price(s) in question.
(f) The Government may at any time prior
to termination allot additional funds for the
performance of the contract line item(s)
identified in paragraph (a) of this clause.
(g) The termination provisions of this
clause do not limit the rights of the
Government under the clause entitled
‘‘Default.’’ The provisions of this clause are
limited to the work and allotment of funds
for the contract line item(s) set forth in
paragraph (a) of this clause. This clause no
longer applies once the contract is fully
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funded except with regard to the rights or
obligations of the parties concerning
equitable adjustments negotiated under
paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right
of the Government to terminate this contract
pursuant to the clause of this contract
entitled ‘‘Termination for Convenience of the
Government.’’
(i) Nothing in this clause shall be
construed as authorization of voluntary
services whose acceptance is otherwise
prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the
Government will allot funds to this contract
in accordance with the following schedule:
On execution of contract $___*
(month) (day), (year) $___*
(month) (day), (year) $___*
(month) (day), (year) $___*
* To be inserted after negotiation.
(End of Clause)
Alternate I (July 2014). If only one
line item will be incrementally funded,
substitute the following paragraph (a)
for paragraph (a) of the basic clause:
(a) Contract line item__is
incrementally funded. The sum of $ * is
presently available for payment and
allotted to this contract. An allotment
schedule is contained in paragraph (j) of
this clause.
* To be inserted after negotiation.
2952.232–71
Submission of Invoices.
ddrumheller on DSK120RN23PROD with PROPOSALS1
As prescribed in 2932.905–70, insert
the following clause:
Submission of Invoices (August 2019)
(a) Electronic Invoice Submittal
Invoices for the services/goods provided
under this award shall be submitted through
the Department of Treasury’s Invoice
Processing Platform (IPP) or through DOL
Quickpay email system, as directed by the
Contracting Officer. IPP is a Federal
Government owned and operated website
accessible to contractors free of charge.
Information about IPP, including enrollment
instructions, are available and should be
obtained by the enrolled contractors directly
from the Department of Treasury after award
at, https://www.ipp.gov.
(1) The following instructions apply to
Invoices submitted through IPP.Gov or the
DOL Quickpay email system:
(i) IPP invoice attachments SHALL NOT
exceed the size limit of 10 megabytes (MB)
each. However, you may submit multiple
attachments of less than 10MB each with the
invoices.
(ii) DO NOT submit an invoice or
attachment that uses shading or color.
(b) An emailed Portable Document Format
(PDF) image cannot have any text that has a
background with any color other than white.
If the image has a shaded background, it will
be converted to black, and the text will be
illegible.
(c) An emailed Tagged Image File Format
(TIFF) image must be black and white.
(1) Quickpay users SHALL: provide a copy
of the invoice and any attachments via email
to the Contracting Officer’s Representative
(COR, at the address specified in the contract.
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16:51 Sep 01, 2023
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(2) Quickpay users SHALL NOT: submit
more than one attachment per invoice and
the attachment shall not exceed 10MB. Any
additional attachments will not be
recognized.
(3) DO NOT submit more than one invoice
at a time.
(4) DO NOT attempt to use the ‘‘Recall or
Resend’’ email message feature.
(d) Electronic invoices shall be in PDF or
TIFF format.
(e) Paper Invoices shall be submitted via
fax or U.S. mail Paper invoices may be sent
via fax to: (202) 693–2862. Mail paper
invoices to: U.S. Department of Labor, Office
of Financial Management Operations
Division of Client Accounting, Services
Room S–5526, 200 Constitution Avenue NW,
Washington, DC 20210.
(f) General Information
Payment due date is to be calculated from
the date the invoice is received in accordance
with FAR 32.905 and the instructions above.
Inquiries regarding invoices must be
emailed to OCFOinvoiceinquiries@dol.gov.
The relevant invoice must be attached to the
inquiry email and the subject line of the
email must state ‘‘INQUIRY’’, as shown in
the following example:
INQUIRY: Contractor Name, DOL Agency,
Contract Number, BPA Call or Order
Number, Invoice Number, Invoice Amount
The contractor SHALL NOT use the DOL
electronic invoicing email address for
inquiries about any invoice.
Questions:
All questions regarding Electronic
Invoicing shall be sent to the DOL Office of
the Chief Financial Officer (OCFO) at
OCFOinvoiceinquiries@dol.gov.
(End of Clause)
2952.237–70 Emergency Continuation of
Essential Services.
As prescribed in 2937.110, insert the
following clause:
Emergency Continuation of Essential
Services (March 2014)
(a) Essential Services. DOL has identified
certain services under this agreement
(contract, BPA, BOA, task/delivery order or
other vehicle, hereinafter ‘‘requirement’’) as
being essential to the DOL’s missions and
operations. Such essential services must
continue to be performed, even if an event
occurs (or is threatened to occur) that would
disrupt or interfere with operations at, or
access to, facilities where services ordinarily
take place. Such an event may include, but
is not limited to, emergencies that may be
natural (e.g., earthquake, flood, hurricane,
tornado, public health emergencies,
including pandemic influenza), man-made
(e.g., civil unrest, chemical spill, cyber or
terrorist threats or attacks), or technological
(e.g., building fire, utility outage), and which
may affect one or more facilities or locations,
including federal facilities, where the
contractor normally performs services
hereunder.
(b) Contingency Plans. Unless already
included in the requirement, within 30 days
of the commencement of performance (or the
bi-lateral incorporation of this clause), the
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Frm 00026
Fmt 4702
Sfmt 4702
contractor shall submit the following
contingency plans to the contracting officer
(CO) and the Contracting Officer’s
Representative (COR):
(1) A contingency plan to continue
performance off-site for a period of between
one and thirty days; and
(2) A contingency plan to continue
performance off-site for more than thirty
days, until the event described above is
resolved.
(3) Such contingency plans will become an
obligation of the contractor under the
requirement.
(c) Contents of the Contingency Plans. The
contingency plans referenced in paragraph
above shall, at a minimum, address:
(1) How the contractor plans to continue
performance of essential services for the
duration of an event, including identifying
and securing suitable off-site workplaces,
personnel, and resources;
(2) The contractor’s use of off-site facilities,
including allowing its essential personnel to
work from an alternative site or other remote
locations to perform essential services;
(3) Alert and notification procedures for
mobilizing and communicating with DOL
and with essential personnel, and for
communicating expectations to its personnel
regarding their roles and responsibilities
during the event;
(4) A list of telephone numbers and email
addresses (with alternates if available) for all
managers currently performing under the
requirement; and
(5) Processes and requirements for the
identification, training, and preparedness of
essential personnel who would be capable of
relocating to alternate facilities or performing
work from home.
(d) Approval of the Contingency Plans. The
CO, in consultation as appropriate with the
COR, shall review both contingency plans
within 14 days of receipt, or as agreed, and
shall either accept them or advise the
contractor of any reason for disapproval. If
either plan is not accepted by the CO, the
contractor shall resubmit a revised plan
within 7 days, or as agreed.
(e) Activation of a Contingency Plan. The
Agency Head, CO, COR, or other authorized
agency official, may activate the contractor’s
Contingency Plan by notifying the contractor
either orally or in writing. In the event of an
oral instruction, a written confirmation of the
activation will follow shortly after the
resumption of normal activities. Once a
contingency plan has been activated, services
hereunder shall continue without delay or
interruption, notwithstanding the ‘‘Excusable
Delay’’ Clause, or any other provision of the
contract (or requirement if this contract
vehicle is BPA, BOA, or similar vehicle).
(f) Failure to Execute a Plan. In the event
the contractor is unable or unwilling to
perform the essential services identified
under the requirement, as determined by
DOL in its sole discretion, DOL reserves the
right, in addition to any other right it may
have, to use federal employees or other
contract support, either from existing
contracts or new contracts, to continue those
critical services. DOL may view the
contractor’s failure to implement the
Contingency Plan as not performing a
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contractual requirement and reserves all
rights to seek remedies associated with any
such nonperformance. Any new contracting
efforts would be conducted in accordance
with the FAR, OFPP’s January 14, 2011
Emergency Acquisition Guide, or any other
subsequent emergency guidance that may be
issued.
(End of Clause)
2952.239–70
Section 508 Requirements.
As prescribed in 2939.2–70, insert the
following clause:
Section 508 Requirements (2024)
ddrumheller on DSK120RN23PROD with PROPOSALS1
A. Definition
The term ‘‘Information and
Communication Technology (ICT)’’ in this
contract is used as defined at FAR 48 CFR
2.101.
B. Requirements
Section 508 of the Rehabilitation Act, as
amended (29 U.S.C. 794d), applies to federal
departments, such as DOL, and the
contractors providing support on behalf of
such federal department. The contractor is
required to provide Section 508 compliant
systems and components of ICT when federal
agencies develop, procure, maintain, or use
ICT. The contractor shall ensure that its
system and components allow federal
employees and members of the public with
disabilities access to, and use of, information
and data that is comparable to the access
afforded federal employees and members of
the public without disabilities. Products,
platforms, and services delivered as part of
this contract action that are ICT, or contain
ICT, shall conform to the Revised Section 508
Standards, which are located at 36 CFR
1194.1 Appendices A & C.
Please insert the clause(s) below which
meet the parameters of the contract being
awarded.
(a) Requirements by service/contract type
are as follows:
(1) Custom ICT Development Services:
When the contractor provides custom ICT
development services and/or Commercially
Available Off-the-Shelf (COTS) products,
pursuant to the requirements, the contractor
shall ensure the ICT fully conforms to the
Revised 508 Standards (36 CFR 1194.1
Appendices A & C) prior to delivery and
before final Acceptance.
(2) Installation, Configuration, &
Integration Services: When the contractor
provides installation, configuration, or
integration services for equipment or
software pursuant to the requirement, the
contractor shall not install, configure or
integrate the equipment or software in a way
that reduces the level of conformance with
the Revised 508 Standards (36 CFR 1194.1
Appendices A & C).
(3) Maintenance Upgrades &
Replacements: The contractor shall ensure
maintenance upgrades, substitutions, and
replacements to equipment and software
pursuant to this award do not reduce the
approved level of conformance with the
Revised 508 Standards (36 CFR 1194.1
Appendices A & C) at the time of award.
Additionally, an updated Accessibility
VerDate Sep<11>2014
16:51 Sep 01, 2023
Jkt 259001
Conformance Report (ACR) shall be
submitted for the ICT, and the ACR shall be
completed according to the instructions
provided by the Information Technology
Industry Council (ITI), in order to be
considered for each option year exercised.
(4) Contractor Processes: The contractor
shall ensure—its processes are at a maturity
level at least equivalent to the DHS Trusted
Tester methodology; its personnel have the
knowledge, skills, and ability necessary to
make ICT under this contract conform to the
Revised 508 Standards (36 CFR 1194.1
Appendices A & C); and that it provides
conformant Section 508 supporting
documentation upon request.
(5) Hosting Services: The contractor shall
not implement hosting services in a manner
that reduces the existing level of
conformance of the electronic content with
the Revised 508 Standards (36 CFR 1194.1
Appendices A & C), when providing hosting
services for electronic content to the agency.
Throughout the life of the award, the agency
reserves the right to perform Independent
third-party testing on a vendor or contractor’s
hosted solution to verify conformance.
(b) Validation for ICT: The contractor shall
test and validate the ICT for conformance to
the Revised 508 Standards (36 CFR 1194.1
Appendices A & C), in accordance with the
required testing methods and provide test
results to verify conformance of the
Voluntary Product Assessment Template
(VPAT).
(1) For web and software, WCAG 2.0 Level
A and AA Conformance test results shall be
based on the Accessibility Tests for Software
and Web, Harmonized Testing Process for
Section 508 Compliance from the DHS
Trusted Tester program.
(2) For Microsoft Office and PDF
documents, WCAG 2.0 Level A, and AA
Conformance test results shall be based on
the Harmonized Testing Guidance from the
Accessible Electronic Documents Community
of Practice.
(3) For ICT that are not electronic content,
the contractor shall validate conformance to
the Revised 508 Standards (36 CFR 1194.1
Appendices A & C) using a defined testing
process. The contractor shall describe test
process and provide the testing results to the
agency.
(c) Conformance Reporting: For ICT that
are developed, updated, or configured for the
agency, and when product substitutions are
offered:
(1) Before Acceptance, the contractor shall
provide an Accessibility Conformance Report
(ACR) for the ICT that is developed, updated,
configured for the agency, and when product
substitutions are offered. The ACR should be
based on the most recent version of the
Voluntary Product Assessment Template
(VPAT) provided by the Information
Technology Industry Council (ITI). An ACR
shall be submitted for each ICT and shall be
completed according to the instructions
provided by ITI to be considered for
Acceptance.
(2) Before Acceptance, when the contractor
is required to perform testing to validate
conformance to the agency’s accessibility
requirements, the vendor shall provide a
supplemental accessibility report that
contains the following information:
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Frm 00027
Fmt 4702
Sfmt 4702
60625
i. Accessibility test results based on the
required test methods.
ii. Documentation of features provided to
help achieve accessibility and usability for
people with disabilities.
iii. Documentation of core functions that
cannot be accessed by persons with
disabilities.
iv. Documentation on how to configure and
install the ICT to support accessibility.
v. When ICT is an authoring tool that
generates content (including documents,
reports, training, videos, multimedia
productions, web content, etc.), provide
information on how the ICT enables the
creation of accessible electronic content that
conforms to the Revised 508 Standards (36
CFR 1194.1 Appendices A & C), including
the range of accessible user interface
elements the tool can create.
vi. Before final Acceptance, the contractor
shall provide a fully working demonstration
of the completed ICT to demonstrate
conformance to the agency’s accessibility
requirements. The demonstration shall
expose where such conformance is and is not
achieved.
(3) At any time, DOL reserves the right to
perform Independent third-party testing to
validate the ICT provided by the contractor,
conforms to the Revised 508 Standards (36
CFR 1194.1 Appendices A & C).
(d) Non-Compliance: Before final
Acceptance of ICT, including updates and
replacements, DOL shall determine that the
furnished ICT is in compliance with the
Revised 508 Standards (36 CFR 1194.1
Appendices A & C). If the furnished ICT is
determined to be non-compliant, the
contracting officer shall notify the contractor
of this determination, within 15 business
days of determination of non-compliance.
The contractor shall, at no cost to DOL, repair
or replace the non-compliant products or
services within the period specified by the
contracting officer. The contracting officer
makes the final decision to accept or not
accept a contractor’s ICT that does not meet
the Revised 508 Standards (36 CFR 1194.1
Appendices A & C).
(End of Clause)
2952.242–70 Access to Contractor
Business Systems.
As prescribed in 2942.101–70, insert
the following clause:
Access to Contractor Business Systems
(April 2019)
The contractor shall, upon request, provide
to the Government, access to covered
contractor systems associated with the
execution and performance of this
requirement to meet audits, reviews, security
requirements, and Office of Inspector General
requests.
(End of Clause)
2952.242–71 DOL Mandatory Training
Requirements for Contractor Employees.
As prescribed in 2942.201–70, insert
the following clause:
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Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Proposed Rules
DOL Mandatory Training Requirements for
Contractor Employees (August 2018)
(a) Where required and applicable,
contractor employees, including employees
of subcontractors at any tier, shall complete
any DOL designated and hosted training, that
the Contracting Officer’s Representative
(COR) identifies as mandatory. Training shall
be completed in a timeframe specified by the
COR.
(b) Time spent on training shall be counted
as regular hours worked.
(c) The contractor shall ensure this clause
is incorporated in all subcontracts, at any
tier.
(End of Clause)
2952.243–70 Contractor’s Obligation to
Notify the Contracting Officer of a Request
to Change the Contract Scope (Contractor’s
Obligation Clause).
ddrumheller on DSK120RN23PROD with PROPOSALS1
As prescribed in 2943.104–70, insert
the following clause:
Contractor’s Obligation To Notify the
Contracting Officer of a Request To Change
the Contract Scope (Contractor’s Obligation
Clause) January 2012
(a) Except for changes identified in writing
and signed by the contracting officer, the
contractor is required to notify, within five
working days of receipt or knowledge, any
request for changes to this contract
(including actions, inactions, and written or
oral communications) that the contractor
regards as exceeding the scope of the
contract. On the basis of the most accurate
information available to the contractor, the
notice shall state:
(1) The date, nature, and circumstances of
the conduct regarded as a change in scope;
(2) The name, function, and activity of
each Government employee and contractor
official or employee involved in, or
knowledgeable about, such conduct; and
(3) The identification of any documents
and substance of any oral communication
involved in such conduct.
(b) Following submission of this notice, the
contractor shall continue performance in
accordance with the contract terms and
conditions, unless notified otherwise by the
contracting officer.
(c) The contracting officer shall promptly,
within 5 business days after receipt of notice
from the contractor, respond to the notice in
writing. In responding, the contracting officer
shall either:
(1) Confirm that the contractor’s notice
identifies a change in the scope of the
contract and directs the contractor to stop
work, completely or in part, in accordance
with the Stop Work provisions of the
contract;
(2) Deny that the contractor’s notice
identifies a change in scope and instruct the
contractor to continue performance under the
contract; or
(3) In the event the contractor’s notice does
not provide sufficient information to make a
decision, advise the contractor what
additional information is required, and
establish the date by which it should be
furnished and the date thereafter by which
the Government will respond.
(End of Clause)
2952.245–70 Contractor Responsibility to
Report Theft of Government Property.
As prescribed in 2945.104–70, insert
the following clause:
Contractor Responsibility to Report Theft of
Government Property (February 2020)
Upon the contractor becoming aware of
theft of government property by its
employee(s), including theft that occurs at
subcontractor or alternate site locations, the
contractor shall report the theft of
government property to the Contracting
Officer’s Representative or CO of record.
(End of Clause)
2952.245–71 Asset Reporting
Requirements.
As prescribed in 2945.105–70, insert
the following clause:
Asset Reporting Requirements (July 2019)
(A) Definitions.
‘‘Accountable Property’’ is a term to
identify property that is essential to DOL
operations for which it is in the best interest
of the Government to assign and record
accountability to assure proper use,
maintenance, and disposal. This includes
items purchased and obtained through a
‘‘lease-to-own’’ program. The following items
are DOL Accountable Property:
(1) DOL-owned or DOL-leased, serialized
items (i.e., items with a manufacturer’s serial
number) with an acquisition unit cost above
$3,000.
(2) DOL-owned or DOL-leased ‘‘sensitive
items.’’
(3) DOL-owned or DOL-leased furniture
with an acquisition unit cost above $10,000.
Items with an acquisition unit cost less than
$10,000 are not applicable.
‘‘Sensitive Items’’ is defined as items,
regardless of value, that have appeal to others
and may therefore be subject to theft, or to
security concerns, or that are considered
mission critical. The following are
considered sensitive items, as well as any
other items identified as sensitive by the
Contracting Officer’s Representative (COR):
(1) Desktops and Laptops, including
docking stations and connectable monitors.
(2) PDAs/iPads/SurfacePros/Tablets.
(3) Printers and Copiers.
Current DOLAR provision
16:51 Sep 01, 2023
Jkt 259001
PO 00000
(End of Clause)
Signing Authority
In accordance with paragraph (a) of
2902.1, FAR subpart 1.601, the
undersigned is authorized to sign and
submit this document to the Office of
the Federal Register for publication
electronically as an official document of
DOL.
Dated: August 14, 2023.
Carolyn Angus-Hornbuckle,
Acting Assistant Secretary for Administration
and Management.
Note: The following appendix will not
appear in the Code of Federal Regulations.
DOLAR as proposed in this NPRM
2901.2 Administration ...............................................................................
2901.201–1 Maintenance of FAR ............................................................
2901.302 Limitations ................................................................................
2901.4 Deviations from the FAR and DOLAR .........................................
VerDate Sep<11>2014
(4) Software Licenses, including media.
(5) Mobile Devices.
(6) Firearms.
(7) Communication Equipment (e.g.
telephone base and handsets, mobile radio
equipment, etc.).
(8) Conference/Audio-Visual Equipment.
(9) Power/Specialty Tools (e.g. lab
equipment, postage meters, etc.).
(B) Requirements.
The contractor shall submit a DOL Asset
Report at time of delivery for both
Accountable Property and Sensitive Items.
The DOL Asset Report shall be delivered
electronically to the COR. DOL Asset Reports
shall include Accountable Property and
Sensitive Items that have been delivered. The
report shall be formatted as an Office Open
XML Spreadsheet (.XLSX) document, and
adhere to following DOL Asset Report
Requirements:
(a) Award/Purchase Number. The award
number issued by the Government.
(b) Date Shipped. The date the item was
shipped to the Government.
(c) Asset Type. The contract Line-Item
Description.
(d) Manufacturer. The manufacturer of the
item.
(e) Model. The model (name and/or
number) of the item.
(f) Serial Number. The serial number of the
item.
(g) DOL Asset Number. The number of the
barcode applied before shipping (if barcoding
is required by the award).
(h) Government Shipping Street Address.
The shipping street address of where the item
was delivered.
(i) Warrantied Item. Indicates whether an
item is warrantied (Y or N).
(j) Warranty Time frame. The start and end
date of the warranty (if applicable).
(k) Cost. Acquisition cost per unit and total
cost of purchase.
Frm 00028
Fmt 4702
New: 2901.105 Issuance.
New: 2901.105–1 Publication and code arrangement.
Removed.
Removed.
Removed.
Renamed: Deviations from the DOLAR.
Sfmt 4702
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Current DOLAR provision
DOLAR as proposed in this NPRM
2901.403 Individual Deviations from the FAR .........................................
Renumbered and Renamed: 2901.401 Individual Deviations from the
DOLAR. Additionally, proposing to edit language regarding the process for requesting individual deviations to provide clarity.
Renumbered and Renamed: 2901.402 Class deviations from the
DOLAR Additionally, proposing to edit language regarding the process for requesting class deviations to provide clarity.
Removed.
Removed.
New: 2901.602–70 Contract Clause.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Renamed: PART 2902—DEFINITIONS.
Renumbered: 2902.1 Definitions.
Renamed: Subpart 2903.1 Definitions.
Renamed: 2903.101 Definitions.
Renamed: 2903.101–1 Definitions. Also proposing to define Agency
Ethics Official and remove instructions to DOL acquisition personnel
on where to find statutory prohibitions, which are contained in internal policy and procedure.
Removed.
Removed.
Removed.
2901.404 Class deviations .......................................................................
2901.405 Deviations pertaining to treaties and executive agreements ...
2901.601 General .....................................................................................
...................................................................................................................
2901.602–3 Ratification of unauthorized commitments ...........................
2901.603 Selection, appointment, and termination of appointment ........
2901.603–1 General. ................................................................................
2901.603–3 Appointment. ........................................................................
2901.603–4 Terminations. ........................................................................
2901.603–70 Responsibility of other government personnel ...................
2901.603–71 Contracting Officer’s Technical Representatives (COTR)
2901.603–72 Administrative procurement management reviews ............
PART 2902—DEFINITIONS OF WORDS AND TERMS .........................
Subpart 2.1 Definitions .............................................................................
Subpart 2903.1—Safeguards ...................................................................
2903.101 Standards of Conduct ..............................................................
2903.101–1 General .................................................................................
2903.104 Procurement Integrity ...............................................................
2903.104–3 Definitions .............................................................................
2903.104–5 Disclosure, protection, and marking of contractor bid or
proposal information and source selection information.
2903.104–7 Violations or possible violations of standards of conduct ....
2903.6 Contracts with Government Employees or Organizations Owned
or Controlled by Them.
2903.601 Policy ........................................................................................
2903.602 Exceptions ................................................................................
...................................................................................................................
2904.8—Government Contract Files ........................................................
2904.800–70 Contents of contract files ...................................................
Subpart 2905.1—Dissemination of Information .......................................
2905.101 Methods of disseminating information .....................................
Subpart 2905.4 Release of Information ...................................................
2905.402 General Public ..........................................................................
2905.403 Requests from Members of Congress .....................................
2905.404 Release procedures .................................................................
Subpart 2905.5—Paid Advertisements ....................................................
2905.501 Scope .......................................................................................
2905.502 Authority ...................................................................................
2905.503 Procedures ...............................................................................
PART 2906—COMPETITION REQUIREMENTS ....................................
Subpart 2906.3 Other Than Full and Open Competition .........................
2906.301 Policy ........................................................................................
2906.303 Justifications .............................................................................
Subpart 2906.5 Competition Advocate ....................................................
2906.501 Requirement .............................................................................
2907.105 Contents of written acquisition plans .......................................
2907.107 Additional requirements for acquisitions involving bundling ....
ddrumheller on DSK120RN23PROD with PROPOSALS1
60627
2907.3—Contractor Versus Government Performance ...........................
2907.300 Availability of inventory .............................................................
Subpart 2908.4 Federal Supply Schedules .............................................
2908.404 Using schedules .......................................................................
Subpart 2909.1 Responsible Prospective Contractors ............................
2909.105 Procedures ...............................................................................
Subpart 2909.4—Debarment, Suspension, and Ineligibility .....................
2909.402 Policy ........................................................................................
2909.405 Effects of listing ........................................................................
2909.405–1 Continuation of current contracts .........................................
VerDate Sep<11>2014
16:51 Sep 01, 2023
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Removed.
Removed.
Removed.
Removed.
New Subpart 2903.7—Authority.
New: 2903.703 Authority.
New: Subpart 2904.7 Contractor Records Retention.
New: 2904.703 Policy.
New: 2904.703–70 Contract Clause.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
New: 2901.101 Consolidation.
New: 2907.108 Additional Requirements for Telecommuting.
New: 2907.108–70 Contract Clauses.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
New: Subpart 2909.3 Definitions.
New: 2909.301 Definitions.
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Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Proposed Rules
Current DOLAR provision
DOLAR as proposed in this NPRM
2909.406 Debarment ................................................................................
2909.406–1 General .................................................................................
2909.406–3 Procedures ...........................................................................
2909.407 Suspension ...............................................................................
2909.407–1 General .................................................................................
2909.506 Procedures ...............................................................................
ddrumheller on DSK120RN23PROD with PROPOSALS1
PART 2910—MARKET RESEARCH .......................................................
2910.002 Procedures ...............................................................................
2911.1—Selecting And Developing Requirements Documents ...............
2911.103 Market acceptance ...................................................................
2911.5—Liquidated Damages ..................................................................
2911.501 Policy ........................................................................................
PART 2912—ACQUISITION OF COMMERCIAL ITEMS ........................
Subpart 2912.3—Solicitation Provisions and Contract Clauses for the
Acquisition of Commercial Items.
2912.302 Tailoring of provisions and clauses for the acquisition of commercial items.
PART 2913—SIMPLIFIED ACQUISITION PROCEDURES ....................
Subpart 2913.1—Procedures ...................................................................
2913.106–3 Soliciting competition, evaluation of quotations or offers,
award and documentation.
Subpart 2913.2—Actions at or Below the Micro-Purchase Threshold ....
2913.201 General .....................................................................................
Subpart 2913.3—Simplified Acquisition Methods ....................................
2913.301 Governmentwide commercial purchase card ...........................
2913.307 Forms .......................................................................................
PART 2914 SEALED BIDDING ...............................................................
Subpart 2914.4—Opening of Bids and Award of Contract ......................
2914.404–1 Cancellation of invitations after opening ..............................
2914.407–3 Other mistakes disclosed before award ...............................
2914.408 Award .......................................................................................
2914.408–1 General .................................................................................
Subpart 2915.4 Contract Pricing ..............................................................
2915.405–70 Determining fair and reasonable price ...............................
Subpart 2915.5—Preaward, Award, and Postaward Notifications, Protests, and Mistakes.
2915.508 Discovery of mistakes ..............................................................
2915.606 Agency procedures ..................................................................
PART 2916—CONTRACT TYPES ..........................................................
2916.000 Scope of part ............................................................................
Subpart 2916.5—Indefinite-Delivery Contracts ........................................
2916.505 Ordering ....................................................................................
Subpart 2916.6—Time-and-Materials, Labor-Hour, and Letter Contracts
2916.603–2 Application ............................................................................
PART 2917—SPECIAL CONTRACTING METHODS .............................
2917.000 Scope of part ............................................................................
Subpart 2917.2—Options .........................................................................
2917.202 Use of options ..........................................................................
2917.207 Exercising options ....................................................................
Subpart 2917.5—Interagency Acquisitions Under The Economy Act .....
2917.500 Scope of subpart ......................................................................
2917.501 Definitions .................................................................................
2917.502 General .....................................................................................
2917.503 Determinations and findings Requirements .............................
2917.504 Ordering procedures ................................................................
2917.504–70 Signature authority and internal Procedures .....................
2919.000 Scope of part ............................................................................
2919.202 Specific policies ........................................................................
2919.202–1 Encouraging small business participation in acquisitions ....
2919.202–2 Locating small business sources .........................................
Subpart 2919.5 Set-Asides for Small Business .......................................
2919.502 Setting aside acquisitions .........................................................
2919.505 Rejecting Small Business Administration recommendations ...
Subpart 2919.7 The Small Business Subcontracting Program ...............
2919.704 Subcontracting plan requirements ...........................................
2919.705–1 General support for the program .........................................
2919.705–5 Awards involving subcontracting plans ................................
2919.705–6 Post-award responsibilities of the contracting officer ..........
2919.706 Responsibilities of the cognizant administrative contracting
officer.
Subpart 2919.8 Contracting with the Small Business Administration (the
8(a) Program).
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New: 2911.002 Policy.
New: 2911.002–1 Contract Clause.
Removed.
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DOLAR as proposed in this NPRM
2919.812 Contract administration ............................................................
PART 2922—APPLICATION OF LABOR LAWS TO GOVERNMENT
ACQUISITIONS.
Subpart 2922.1 Basic Labor Policies .......................................................
2922.101–3 Reporting labor disputes ......................................................
2922.101–4 Removal of items from contractor facilities affected by
work stoppages.
2922.103–4 Approvals ..............................................................................
Subpart 2922.8 Equal Employment Opportunity ......................................
2922.802 General .....................................................................................
PART 2923—ENVIRONMENT, ENERGY AND WATER EFFICIENCY,
RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG–FREE WORKPLACE.
Subpart 2923.2 Energy And Water Efficiency and Renewable Energy ..
2923.271 Purchase and use of environmentally sound and energy efficient products and services.
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2928.204 Alternatives in lieu of corporate or individual sureties .............
2928.3 Insurance ......................................................................................
2928.305 Overseas workers’ compensation and war hazard insurance
PART 29—TAXES ....................................................................................
Subpart 2929.1 General ...........................................................................
2929.101 Resolving tax problems ............................................................
Subpart 2929.3—State and Local Taxes .................................................
2929.303 Applications of state and local taxes to Government contractors and subcontractors.
PART 2930—COST ACCOUNTING STANDARDS ADMINISTRATION
Subpart 2930.2 CAS Program Requirements ..........................................
2930.201–5 Waiver ..................................................................................
PART 2931—CONTRACT COST PRINCIPLES AND PROCEDURES ..
Subpart 2931.1 Applicability .....................................................................
2931.101 Objectives .................................................................................
2932.402 General .....................................................................................
2932.407 Interest ......................................................................................
2933.211 Contracting officer’s decision ...................................................
2933.213 Obligation to continue performance .........................................
2933.270 Department of Labor Board of Contract Appeals ....................
PART 36 CONSTRUCTION AND ARCHITECT—ENGINEER CONTRACTS.
Subpart 2936.2 Special Aspects of Contracting for Construction ...........
2936.201 Evaluation of contractor performance ......................................
2936.209 Construction contracts with architect—engineer firms .............
Subpart 2936.5—Contract Clauses ..........................................................
2936.516 Quality surveys .........................................................................
Subpart 2936.6—Architect-Engineer Services .........................................
2936.602 Selection of firms for architect-engineer Contracts ..................
2936.602–1 Selection criteria ...................................................................
2936.602–2 Evaluation boards .................................................................
2936.602–3 Evaluation board functions ...................................................
2936.602–4 Selection Authority ...............................................................
2936.602–5 Short selection processes for contracts not to exceed
$100,000.
2936.603 Collecting data on and appraising firms’ Qualifications ...........
2936.604 Performance evaluation ...........................................................
2937.103 Contracting officer responsibility ..............................................
2937.103–70 Department of Labor checklist to aid analysis and review
of requirements for service contracts.
Subpart 2937.2 Advisory and Assistance Services .................................
2937.203 Policy ........................................................................................
Subpart 2937.6—Preference for Performance-Based Contracting (PBC)
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New: PART 2924—PROTECTION OF PRIVACY AND FREEDOM OF
INFORMATION.
New: 2924–.1 Protection of Individual Privacy.
New: 2924.103 Procedures.
New: 2924.103–70 Contract Clause.
New: 2928.106 Administration.
New: 2928.106–6 Furnishing information.
New: 2928.203 Acceptability of individual sureties.
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New: 2932.408 Applicability of Interest on Advance Payments.
New: Subpart 2932.5 Progress Payments Based on Costs.
New: 2932.501–2 Unusual progress payments.
New: 2932.503–6 Suspension or reduction of payments.
New: 2932.703–70 Contract clause.
New: Subpart 2932.9 Prompt Payment.
New: 2932.908 Contract clause.
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2937.602 Elements of performance-based Contracting ..........................
Removed.
New: PART 2939—ACQUISITION OF INFORMATION TECHNOLOGY.
New: Subpart 2939.2—Information and Communication Technology.
New: 2939.2–70 Contract Clause.
Renamed: 2942.101 Contract Audit Responsibilities. The proposed
change will change this into simply a heading and proposes to eliminate the internal procedure for the establishment of billing rates and
indirect cost rates since it is prescribed in FAR 42.7.
New: 2942.101.70 Contract Clause.
Removed.
Removed.
Removed.
Removed.
New: Subpart 2942.2 Contract Administration Services.
New: 2942.201 Contract administration responsibilities.
New: 2942.201–70 Contract Clause.
New: Subpart 2943.1 General.
New: 2943.104 Notification of contract changes.
New: 2943.104–70 Contract Clause.
Removed.
Removed.
Removed.
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Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Renamed: 2945.104 Responsibility and Liability for Government Property. The proposed change will transform this into simply a heading
and proposes to eliminate procedures for the review of a contractor’s
property control system, because it is established in internal policy
and procedure.
New: 2945.104–70 Contract Clause.
Renamed: Contractors’ property management system compliance. The
proposed change will transform this into simply a heading and proposes to eliminate internal process related to Government furnished
Property (GFP) files maintained by the CO, because these procedures are located in internal policy and procedure.
New: 2945.105–70 Contract Clause.
Removed.
Removed.
Removed.
Removed.
Renamed: 2952.201–70 Contracting Officer’s Representative (COR)
Clause Proposes to update to the most recent version of this clause
where only paragraph (a) is proposed to establish issuance of COR
delegation memo upon contract awards. No change to paragraphs
(b), and (c).
New: 2952.204–70 Records Management Requirements.
New: 2952.207–70 Contractor Personnel Telework.
New: 2952.209–70 Organizational Conflict of Interest Clause—OCI–1
Exclusion From Future Agency Contracts.
New: 2952.211–70 Internet Protocol Version 6 (IPv6) Clause.
New: 2952.224–70 Privacy Breach Notification Requirements.
New: 2952.232–70 Limitation of Government’s Obligation (LoGO).
New: 2952.232–71 Submission of Invoices.
New: 2952.237–70 Emergency Continuation of Essential Services.
New: 2952.239–70 Section 508 Requirements.
New: 2952.242–70 Access to Contractor Business Systems.
New: 2952.242–71 DOL Mandatory Training Requirements for Contractor Employees.
New: 2952.243–70 Contractor’s Obligation to Notify the Contracting Officer of a Request to Change the Contract Scope (Contractor’s Obligation Clause).
New: 2952.245–70 Contractor Responsibility to Report Theft of Government Property.
New: 2952.245–71 Asset Reporting Requirements.
Removed.
2942.101 Policy ........................................................................................
Subpart 2942.15—Contractor Performance Information ..........................
2942.1501 Scope .....................................................................................
2942.1502 Policy ......................................................................................
2942.1503 Procedures .............................................................................
Subpart 2943.2 Change Orders ...............................................................
2943.205 Contract clauses .......................................................................
Subpart 2943.3 Forms ..............................................................................
2943.301 Use of forms .............................................................................
PART 2944—SUBCONTRACTING POLICIES AND PROCEDURES ....
Subpart 2944.1 General ...........................................................................
2944.101 Waiver ......................................................................................
Subpart 2944.2 Consent To Subcontract .................................................
2944.201–1 Consent requirements ..........................................................
2944.202 Contracting officer’s evaluation ................................................
2944.202–2 Considerations ......................................................................
2944.203 Consent limitations ...................................................................
Subpart 2944.3 Contractors’ Purchasing Systems Reviews ...................
2944.302 Requirements ...........................................................................
2945.104 Review and correction of contractors’ property control systems.
2945.105 Records of Government property .............................................
ddrumheller on DSK120RN23PROD with PROPOSALS1
Subpart 2945.3 Providing Government Property to Contractors .............
2945.302 Providing facilities .....................................................................
Subpart 2945.4 Contractor Use and Rental of Government Property .....
2945.403 Rental-use and charges clause ...............................................
2952.201–70 Contracting Officer’s Technical Representative (COTR) ...
PART 2953—FORMS
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2953.1 General .........................................................................................
2953.100 Request for Recommendation by Procurement Review Board
DL 1–490.
2953.101 Simplified Acquisition Documentation Checklist DL 1–2216 ...
2953.102 Quotation for Simplified Acquisitions DL 1–2078 ....................
2953.103 Acquisition Screening and Review—over $100,000 DL 1–
2004.
Removed.
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Removed.
Removed.
Removed.
[FR Doc. 2023–17739 Filed 9–1–23; 8:45 am]
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Agencies
[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Proposed Rules]
[Pages 60612-60631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17739]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
48 CFR Chapter 29
RIN 1291-AA43
DOL Acquisition Regulation: Department of Labor Acquisition
Regulation System
AGENCY: Office of the Assistant Secretary for Administration and
Management, Department of Labor.
ACTION: Notice of proposed rulemaking; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL) is proposing to revise the
Department of Labor Acquisition Regulations (DOLAR), in its entirety in
order to update and streamline agency procurement regulations
consistent with the Federal Acquisition Reform Act, and the Federal
Acquisition Streamlining Act. The proposed updates remove provisions
that are redundant or obsolete and codify the use of certain
contractual provisions that DOL has developed and deployed in recent
years in order to put potential contractors on notice of these
provisions and to formalize their usage. The provisions address a range
of matters, including: government property, continuity of operations,
system requirements,
[[Page 60613]]
records management, telework policy for contractor personnel,
submission of invoices, mandatory training for contractors,
organizational conflicts of interest, and changing the scope of a
contract. Proposed edits have also been made to existing language for
clarity and streamlining purposes and do not change the substantive
meaning of those provisions. The proposed revision will also remove
provisions in the current DOLAR that are DOL internal operating
procedures, which need not be published in the Code of Federal
Regulations in order for them to take effect. The current DOLAR
supplements the executive branch-wide Federal Acquisition Regulations
(FAR) to address matters specific to the Department of Labor relating
to its procurement of goods and services. It also includes certain
rules governing private entities doing business with DOL.
DATES: Comments must be received on or before November 6, 2023 to be
considered in the formulation of the final rule.
ADDRESSES: Comments may be submitted through www.Regulations.gov.
Follow the website instructions for submitting comments. The electronic
Federal Docket Management System at www.regulations.gov will accept
electronic comments until 11:59 p.m. Eastern Time on the comment due
date. Comments received will be available at regulations.gov for public
viewing, inspection, or copies.
FOR FURTHER INFORMATION CONTACT: Ms. Isela Martin, Office of Suspension
and Debarment, N-2445, 200 Constitution Ave. NW, Washington, DC 20210,
(202) 693-7294. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of this
rule via one of the methods and by the deadline stated above. All
comments must be submitted in English or accompanied by an English
translation. DOL also invites comments that relate to the economic,
environmental, or federalism effects that might result from this rule.
Comments that will provide the most assistance to DOL in developing
these procedures will reference a specific portion of the rule, explain
the reason for any recommended change, and include data, information,
or authority that supports such recommended change.
Please note that all comments received are considered part of the
public record and made available for public inspection at
www.regulations.gov. Such information includes personally identifying
information (PII) (such as your name, address, etc.). Interested
persons are not required to submit their personally identifying
information in order to comment on this rule. However, any PII that is
submitted is subject to being posted to the publicly accessible
www.regulations.gov site without redaction.
Confidential business information identified and located as set
forth above will not be placed in the public docket file. DOL may
withhold from public viewing information provided in comments that they
determine may impact the privacy of an individual or is offensive. For
additional information, please read the Privacy Act notice that is
available via the link in the footer of www.regulations.gov. To inspect
the agency's public docket file in person, you must make an appointment
with the agency. Please see the FOR FURTHER INFORMATION CONTACT section
above for agency contact information.
II. Discussion
A. Background--The FAR, the OFPP Act, and the DOLAR
When Federal agencies acquire supplies and services using
appropriated funds, the purchase is governed by the government-wide
FAR, set forth at Title 48 of the Code of Federal Regulations (CFR),
Chapters 1 through 53, and by agency specific regulations that
implement and supplement the FAR. DOL's agency specific procurement
regulations are found in the DOLAR, which is set forth at Chapter 29 of
Title 48 of the CFR, Parts 2901 to 2953. The purpose of the DOLAR is to
implement the FAR within DOL, and to supplement the FAR to address
certain subject matter not covered in the FAR.
This rulemaking is issued under the authority of the Office of
Federal Procurement Policy (OFPP) Act which provides the authority for
an agency head to issue agency acquisition regulations that implement
or supplement the FAR. DOL is proposing to revise the DOLAR in its
entirety in order to update and streamline agency procurement
regulations consistent with the Federal Acquisition Reform Act, and the
Federal Acquisition Streamlining Act. The proposed updates remove
provisions that are redundant or obsolete and codify provisions
addressing a range of matters, including: government property,
continuity of operations, system requirements, records management,
telework policy for contractor personnel, submission of invoices,
mandatory training for contractors, organizational conflicts of
interest, and changing the scope of a contract. Proposed edits have
also been made to existing language for clarity and streamlining
purposes and do not change the substantive meaning of those provisions.
The proposed revision will also remove provisions in the current DOLAR
that are DOL internal operating procedures, which need not be published
in the Code of Federal Regulations in order for them to take effect,
per 41 U.S.C. 1707 and FAR 1.301(b), 1.303(b). These provisions are not
expected to have significant cost or administrative impact on
contractors or offerors.
Codified acquisition regulations may be amended and revised only
through rulemaking. The DOLAR uses the regulatory structure and
arrangement of the FAR, and headings and subject areas are consistent
with FAR content. The DOLAR is divided into subchapters, parts (each of
which covers a separate aspect of acquisition), subparts and sections.
B. Relation of the FAR to the DOLAR
The FAR contains many requirements related to agency procurements,
which will not be repeated in DOL's proposed revision of the DOLAR. If
the DOLAR does not include provisions supplementing the FAR under the
corresponding part or subpart, it is because the FAR language is
considered sufficient. Where the DOLAR does not address a FAR subject,
the FAR guidance is to be followed. The DOLAR is not by itself a
complete document, as it must be read in conjunction with the FAR.
C. Purpose of the Proposed Regulatory Action
The current DOLAR was last revised effective May 27, 2004, 69 FR
22990 (April 27, 2004). The revisions proposed in this rule will, if
finalized: align internal departmental guidance in the DOLAR with the
FAR, remove outdated and duplicative requirements, streamline sections,
remove extraneous procedural information that applies only to DOL's
internal operating procedures, and incorporate new regulatory sections
to align with internal agency procedures as contained in DOL policy
orders and policy instructions. This rulemaking effort creates an
efficient DOLAR that is more straightforward. The revised DOLAR
[[Page 60614]]
will supersede the current regulation in its entirety.
D. Analysis
As stated above, this NPRM seeks comments on proposed changes that
revise the DOLAR in its entirety. The proposed changes will remove
parts which contain internal DOL policy and operating procedures, as
well as parts that duplicate or adopt the FAR by reference; add parts
which codify clauses that are currently prescribed for incorporation in
DOL contracts, when appropriate; and rename and renumber sections to
streamline the DOLAR.
The following parts of the current DOLAR are being proposed for
removal because they are believed to relate to internal operating
procedures of DOL and need not be published in the Federal Register
(per 41 U.S.C. 1707 and FAR 1.301(b) & 1.303(b)): Part 2906--
Competition Requirements; Part 2908--Required Sources of Supplies and
Services; Part 2922--Application of Labor Laws to Government
Acquisitions; Part 2923--Environment, Energy and Water Efficiency,
Renewable Energy Technologies, Occupational Safety, and Drug-Free
Workplace; Part 2929--Taxes; Part 2931--Contract Cost Principles and
Procedures; and Part 2953--Forms.
The following parts of the current DOLAR are being proposed for
removal because they are duplicative of the FAR, or merely adopt it by
reference: Part 2910--Market Research is duplicative of FAR 6.302-1(c)
and 10.002(b); Part 2912--Acquisition of Commercial items is
duplicative of FAR 12.302(c); Part 2913--Simplified Acquisition
Procedures is duplicative of FAR 1306-3(b) and FAR 13.307; Part 2914--
Sealed Bidding is duplicative of 14.404-1(c) and (f), 14.407-3(e),
14.407-3(i), and 14.408-1; Part 2916--Contract Types is duplicative of
FAR 16.505(b)(5) and 16.603-2(c); Part 2917--Special Contracting
Methods duplicates and adopts by reference FAR 17.203(g)(2), FAR
17.205(a), FAR 17.207(f), and FAR 17.503; Part 2930--Cost Accounting
Standards Administration adopts by reference FAR 30.201-5; Part 2936--
Construction and Architect-Engineer Contracts adopts by reference FAR
36.201, 36.209, 36.516, 63.602-1(b), 36.602-2, 36.602-3(d), 36.602-1,
36.602-5(b), 36.603, 36.604, and 36.702(c).; Part 2944--Subcontracting
Policies and Procedures duplicates FAR 44.201-1(b) or FAR 44.201-2 and
adopts by reference FAR 44.202-2(a)), 44.203, and 44.302(a).
DOL is proposing to codify the following 15 standard contract
clauses at Part 2952, which are currently used in DOL contracts, when
appropriate, but are new additions to the DOLAR: Clause 2952.201-70,
Contracting Officer's Representative (COR) Clause; Clause 2952.204-70,
Records Management Requirements; Clause 2952.207-70, Contractor
Personnel Telework; Clause 2952.209-70, Organizational Conflict of
Interest Clause--OCI-1 Exclusion From Future Agency Contracts; Clause
at 2952.211-70, internet Protocol Version 6 (IPv6); Clause 2952.224-70,
Privacy Breach Notification Requirements; Clause at 2952.232-70,
Limitation of Government's Obligation (LoGO); Clause 2952.232.71
Submission of Invoices Clause at 2952.237-70, Emergency Continuation of
Essential Services; Clause 2952.242-70, Access to Contractor Business
Systems; Clause 2952.242-71, DOL Mandatory Training Requirements;
Clause at 2952.243-70, Contractor's Obligation to Notify the
Contracting Officer of a Request to Change the Contract Scope
(Contractor's Obligation Clause); Clause at 2952.245-70, Contractor
Responsibility to Report Theft of Government Property; and Clause at
2952.245-71, Asset Reporting Requirements. In addition to being
codified at section 2952.39-70, the clause covering Section 508
Requirements is being revised to avoid duplication with the FAR 508
provisions and to replace a generic ``508'' reference with the exact
CFR reference. This NPRM also proposes to add the following two new
parts to the DOLAR for the sole purpose of prescribing certain of the
contractual clauses described above: Part 2924--Protection of Privacy
and Freedom of Information and Part 2939--Acquisition of Information
Technology.
Lastly, the table below details subparts/sections that are being
proposed for renaming, renumbering or both. Seven provisions also
contain edits either to provide clarity, remove internal policy and
procedure, or remove duplicative regulations already set forth in the
FAR.
------------------------------------------------------------------------
Current DOLAR provision Proposed renaming/renumbering/edits
------------------------------------------------------------------------
2901.4 Deviations from the FAR and Renamed: Deviations from the DOLAR.
DOLAR.
2901.403 Individual Deviations Renumbered and Renamed: 2901.401
from the FAR. Individual Deviations from the
DOLAR. Additionally, proposing to
edit language regarding the process
for requesting individual
deviations to provide clarity.
2901.404 Class deviations......... Renumbered and Renamed: 2901.402
Class deviations from the DOLAR.
Additionally, proposing to edit
language regarding the process for
requesting class deviations to
provide clarity.
PART 2902--DEFINITIONS OF WORDS Renamed: PART 2902--DEFINITIONS.
AND TERMS.
Subpart 2.1 Definitions........... Renumbered: 2902.1 Definitions.
Subpart 2903.1--Safeguards........ Renamed: Subpart 2903.1 Definitions.
2903.101 Standards of Conduct..... Renamed: 2903.101 Definitions.
2903.101-1 General................ Renamed: 2903.101-1 Definitions.
Also proposing to define Agency
Ethics Official and remove
instructions to DOL acquisition
personnel on where to find
statutory prohibitions, which are
contained in internal policy and
procedure.
2942.101 Policy................... Renamed: 2942.101 Contract Audit
Responsibilities. The proposed
change will change this into simply
a heading and proposes to eliminate
the internal procedure for the
establishment of billing rates and
indirect cost rates since it is
prescribed in FAR 42.7.
2945.104 Review and correction of Renamed: 2945.104 Responsibility and
contractors' property control Liability for Government Property.
systems. The proposed change will transform
this into simply a heading and
proposes to eliminate procedures
for the review of a contractor's
property control system, because it
is established in internal policy
and procedure.
2945.105 Records of Government Renamed: Contractors' property
property. management system compliance. The
proposed change will transform this
into simply a heading and proposes
to eliminate internal process
related to Government furnished
Property (GFP) files maintained by
the CO, because these procedures
are located in internal policy and
procedure.
[[Page 60615]]
2952.201-70 Contracting Officer's Renamed: 2952.201-70 Contracting
Technical Representative (COTR). Officer's Representative (COR)
Clause. Proposes to update to the
most recent version of this clause
where only paragraph (a) is
proposed to establish issuance of
COR delegation memo upon contract
awards. No change to paragraphs
(b), and (c).
------------------------------------------------------------------------
Attached to this rule is an Appendix that provides a complete list
of the sections/sub-sections of the DOLAR that are being removed,
renamed, or added. The table above and the Appendix will not be
codified.
III. Regulatory Certifications
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review)
This regulation has been drafted and reviewed in accordance with
Executive Orders 12866 and 13563. This rule is primarily limited to
agency organization, management and personnel as described by E.O.
12866, section 3(d)(3) and, thus, is not a ``regulation'' as defined by
that Executive Order. Executive Orders 12866 and 13563 direct agencies
to assess all costs and benefits of available regulatory alternatives.
DOL has examined the economic, budgetary, and policy implications of
its regulatory action, and has determined that the impact on the public
is minimal. The regulation mainly relates to internal DOL policies and
procedures that do not impact the public, and otherwise addresses
certain rules governing private entities doing business with DOL that
likewise do not materially impact the public.
Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act
The Regulatory Flexibility Act (RFA), at 5 U.S.C. 603(a), requires
agencies to prepare and make available for public comment an initial
regulatory flexibility analysis, which describes the impact of the
proposed Rule on small entities. Section 605 of the RFA allows an
agency to certify a Rule, in lieu of preparing an analysis, if the
proposed rulemaking is not expected to have a significant economic
impact on a substantial number of small entities. This proposed rule
seeks to streamline DOL's procurement regulation by removing obsolete
provisions, codifying currently in use clauses, removing provisions
which are located in internal policy or the FAR, and edits that do not
have a substantive impact on the regulation. Therefore, this proposed
rule does not affect small entities as defined in the RFA and will not
have a significant economic impact on a substantial number of these
small entities. As a result, no regulatory flexibility analysis is
required here.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that DOL consider the impact of paperwork and other information
collection burdens imposed on the public. DOL has determined that this
rule does not alter any information collection burdens.
Executive Order 13132 (Federalism)
Section 6 of E.O. 13132 requires Federal agencies to consult with
State entities when a regulation or policy may have a substantial
direct effect on the States, the relationship between the National
Government and the States, or the distribution of power and
responsibilities among the various levels of government, within the
meaning of the E.O. Section 3(b) of the E.O. further provides that
Federal agencies must implement regulations that have a substantial
direct effect only if statutory authority permits the regulation and it
is of national significance.
This proposed rulemaking revises the DOLAR which is DOL's
regulation to implement the FAR and to supplement the FAR when coverage
is needed for subject matter not covered in the FAR. Because the DOLAR
primarily addresses internal operating procedure, we have determined
that it does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment, as set forth in E.O. 13132.
Unfunded Mandates Reform Act of 1995
This regulatory action has been reviewed in accordance with the
Unfunded Mandates Reform Act of 1995 (the Reform Act). Under the Reform
Act, a Federal agency must determine whether a regulation proposes a
Federal mandate that would result in the increased expenditures by
State, local, or tribal governments, in the aggregate, or by the
private sector, of $100 million or more in any single year. This
proposed rule primarily makes administrative changes with respect to
federal procurement administration. The requirements of Title II of the
Act, therefore, do not apply, and DOL has not prepared a statement
under the Act.
Executive Order 13175 (Indian Tribal Governments)
DOL has reviewed the NPRM under the terms of E.O. 13175 and DOL's
Tribal Consultation Policy and have concluded that the changes to
regulatory text which are the focus of the NPRM would not have tribal
implications, as these changes do not have substantial direct effects
on one or more Indian tribes, the relationship between the Federal
government and Indian tribes, nor the distribution of power and
responsibilities between the Federal government and Indian tribes.
Therefore, no consultations with tribal governments, officials, or
other tribal institutions were necessary.
List of Subjects
48 CFR Parts 2901, 2902, 2905, 2907, 2909, 2911, 2915, 2932, 2937,
2942, 2943
Government procurement, Government contracts.
48 CFR Part 2903
Government procurement, Government contracts, Conflicts of
interest.
48 CFR Part 2904
Government procurement, Government contracts, Reporting and
recordkeeping requirements.
48 CFR Part 2919
Government procurement, Government contracts, Small businesses,
Minority businesses.
48 CFR Parts 2924
Government procurement, Government contracts, Privacy, Freedom of
information, Administrative practice, and procedure.
48 CFR Parts 2928
Government procurement, Government contracts, Surety bonds,
Insurance, bonds.
48 CFR Parts 2933
Government procurement, Government contracts, Administrative
practice and procedures, Claims.
[[Page 60616]]
48 CFR Parts 2939
Government procurement, Government contracts, Computer technology.
48 CFR Parts 2945
Government procurement, Government contracts, Government property,
Government property management.
48 CFR Parts 2952
Government procurement, Government contracts, Government property,
telework, internet, telecommunications, Reporting and recordkeeping
requirements, Privacy, Administrative practice and procedure, Conflict
of interests, Individuals with disabilities.
0
For the reasons discussed in the preamble, DOL proposes to revise 48
CFR Chapter 29 to read as follows:
CHAPTER 29--DEPARTMENT OF LABOR
SUBCHAPTER A--GENERAL
PART 2900--PART 2900 [RESERVED]
PART 2901--DEPARTMENT OF LABOR ACQUISITION REGULATION SYSTEM
PART 2902--DEFINITIONS
PART 2903--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
PART 2904--ADMINISTRATIVE MATTERS
SUBCHAPTER B--ACQUISITION PLANNING
PART 2905--PUBLICIZING CONTRACT ACTIONS
PART 2906--PART 2906 [RESERVED]
PART 2907--ACQUISITION PLANNING
PART 2908--PART 2908 [RESERVED]
PART 2909--CONTRACTOR QUALIFICATIONS
PART 2910--PART 2910 [RESERVED]
PART 2911--DESCRIBING AGENCY NEEDS
PART 2912--PARTS 2912-2913 [RESERVED]
SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES
PART 2914--PART 2914 [RESERVED]
PART 2915--CONTRACTING BY NEGOTIATION
PART 2916--PARTS 2916-2917 [RESERVED]
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
PART 2918--PART 2918 [RESERVED]
PART 2919--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
PART 2920--PARTS 2920-2923 [RESERVED]
PART 2924--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
PART 2925--PARTS 2925-2927 [RESERVED]
SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS
PART 2928--BONDS AND INSURANCE
PART 2929--PARTS 2929-2931 [RESERVED]
PART 2932--CONTRACT FINANCING
PART 2933--PROTESTS, DISPUTES, AND APPEALS
PART 2934--PARTS 2934-2936 [RESERVED]
PART 2937--SERVICE CONTRACTING-GENERAL
SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING
PART 2938--PART 2938 [RESERVED]
PART 2939 ACQUISITION OF INFORMATION TECHNOLOGY
PART 2940--PARTS 2940-2941 [RESERVED]
SUBCHAPTER G--CONTRACT MANAGEMENT
PART 2942--CONTRACT ADMINISTRATION AND AUDIT SERVICES
PART 2943--CONTRACT MODIFICATIONS
PART 2944--PART 2944 [RESERVED]
PART 2945--GOVERNMENT PROPERTY
PART 2946--PARTS 2946-2951 [RESERVED]
SUBCHAPTER H--CLAUSE AND FORMS
PART 2952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
PART 2953--PART 2953 [RESERVED]
PART 2954--PART 2954-2999 [RESERVED]
SUBCHAPTER A--GENERAL
PART 2900 [RESERVED]
PART 2901--DEPARTMENT OF LABOR ACQUISITION REGULATION SYSTEM
Subpart 2901.0--Scope of Subpart
2901.001 Scope of subpart.
Subpart 2901.1--Purpose, Authority, Issuance
2901.101 Purpose.
2901.103 Authority.
2901.105 Issuance.
2901.105-1 Publication and code arrangement.
2901.105-2 Arrangement of regulations.
2901.105-3 Copies.
Subpart 2901.3--Agency Acquisition Regulations
2901.304 Agency control and compliance procedures.
Subpart 2901.4--Deviations from the DOLAR
2901.401 Individual Deviations from the DOLAR.
2901.402 Class deviations from the DOLAR.
Subpart 2901.6 Career Development, Contracting Authority, and
Responsibilities
2901.602 Contracting Officers.
2901.602-1 Authority
2901.602-70 Contract Clause.
Subpart 2901.7--Determinations and Findings
2901.707 Signatory Authority.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Subpart 2901.0--Scope of Subpart
2901.001 Scope of Subpart.
This chapter may be referred to as the Department of Labor
Acquisition Regulation DOLAR. This subpart sets forth introductory
information about the DOLAR. This subpart explains the relationship of
the DOLAR to the FAR and explains the DOLAR's purpose, authority,
applicability, exclusions, and issuance.
Subpart 2901.1--Purpose, Authority, Issuance
2901.101 Purpose.
(a) This chapter contains the DOLAR. The DOLAR is established
within the FAR System, at Title 48 of the Code of Federal Regulations
(CFR).
(b) The purpose of the DOLAR is to implement and supplement the FAR
in accordance with FAR Subpart 1.3 and authorities cited therein. The
DOLAR is not by itself a complete document, as it must be used in
conjunction with the FAR.
2901.103 Authority.
The DOLAR is issued pursuant to the authority of the Secretary of
Labor under 5 U.S.C. 301 and 40 U.S.C. 486(c). This authority has been
delegated to the Assistant Secretary for Administration and Management
in accordance with FAR 1.301(d)(3).
2901.105 Issuance.
2901.105-1 Publication and code arrangement.
The DOLAR is published in the CFR, as Chapter 29 of Title 48.
2901.105-2 Arrangement of regulations.
(a) Where the DOLAR implements the FAR, the implementing part,
subpart, section, or subsection of the DOLAR is numbered and captioned,
to the extent feasible, the same as the FAR part, subpart, section, or
subsection being implemented, except that the section or subsection
being implemented is preceded with a ``29'' or a ``290'' such that
there will always be four numbers to the left of the first decimal. For
example, the DOLAR implementation of FAR 2.101 is 2902.101.
(b) The DOLAR may have gaps in its numbering scheme because a FAR
rule may not require DOLAR implementation.
2901.105-3 Copies.
Copies of the DOLAR published in the Federal Register or the CFR
may be purchased from the Superintendent of Documents, Government
Printing Office, Washington, DC 20402. Requests should reference the
DOLAR as chapter
[[Page 60617]]
29 of title 48. The DOLAR is also available electronically at the
Government Printing Office web page, https://www.ecfr.gov/. The CFR is
printed in paperback edition with updates as needed.
Subpart 2901.3--Agency Acquisition Regulations
2901.304 Agency control and compliance procedures.
The DOLAR is under the direct oversight of the Department of
Labor's (DOL) Senior Procurement Executive (SPE) or designee.
Subpart 2901.4--Deviations From the DOLAR
2901.401 Individual Deviations from the DOLAR.
Individual deviations affect only one contract action. Except for
individual deviations referenced in FAR 1.405(e), the SPE is authorized
to approve individual deviations from FAR provisions (see FAR 1.403) or
from DOLAR provisions.
2901.402 Class deviations from the DOLAR.
(a) Class deviations affect more than one contract action. If DOL
believes that it will require a class deviation on a permanent basis,
it will propose a FAR revision per FAR 1.404.
(b) The SPE is authorized to approve and process class deviations
from the FAR or the DOLAR, unless FAR 1.405(e) is applicable.
Subpart 2901.6--Career Development, Contracting Authority, and
Responsibilities
2901.602 Contracting Officers.
2901.602-1 Authority.
Only DOL contracting officers have the authority to enter into,
administer, or terminate contracts and to make related determinations
and findings. DOL contracting officers may bind DOL to obligations
under contracts only to the extent of the authority delegated to them.
2901.602-70 Contract Clause.
(a) Contracting officers shall insert clause 2952.201-70,
Contracting Officer's Representative, in all solicitations and awards.
Subpart 2901.7--Determinations and Findings
2901.707 Signatory Authority.
Except as shown in the applicable FAR or DOLAR, or where prohibited
by statute, the authority to sign or delegate signatory authority for
the various determinations and findings (D&Fs) resides with the SPE, or
his/her designee.
PART 2902--DEFINITIONS
Subpart 2902.1--Definitions
2902.101 Definitions.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
2902.101 Definitions.
The following words and terms are used as defined in this subpart
unless the context in which they are used clearly requires a different
meaning, or a different definition is prescribed for a particular part
or portion of a part:
Head of Agency (also called agency head), for the FAR and DOLAR
only, means the Assistant Secretary for Administration and Management,
except that the Secretary of Labor is the Head of Agency for
acquisition actions, which by the terms of a statute or delegation must
be performed specifically by the Secretary of Labor; the Inspector
General is the Head of Agency in all cases for the Office of the
Inspector General.
Head of Contracting Activity (HCA) means the official who has
overall responsibility for managing the Contracting Activity, as
defined at FAR 2.101, when the Contracting Activity has more than one
person duly appointed as Contracting Officers by the Senior Procurement
Executive or, in the case of the Office of the Inspector General,
issued by the Inspector General or his/her designee. Each Head of
Agency may designate HCA(s) as appropriate to be responsible for
managing Contracting Activities within his or her respective Agency.
Senior Procurement Executive (SPE), as defined in the FAR, means
the individual appointed pursuant to 41 U.S.C. 1702(c) who is
responsible for management direction of the acquisition system of the
executive agency, including implementation of the unique acquisition
policies, regulations, and standards of the executive agency. At DOL,
the SPE is also the Chief Procurement Officer and DOL's Suspending and
Debarment Official and is the Principal Executive responsible for the
Office of the Senior Procurement Executive (OSPE).
PART 2903--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
Subpart 2903.1 Definitions
2903.101 Definitions.
2903.101-1 Definitions.
Subpart 2903.2--Contractor Gratuities to Government Personnel
2903.203 Reporting suspected violations of the Gratuities clause.
2903.204 Treatment of violations.
Subpart 2903.7--Authority
2903.703 Authority.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Subpart 2903.1--Definitions
2903.101 Definitions.
2903.101-1 Definitions.
Agency ethics official means the Solicitor of Labor or the
Associate Solicitor for Legal Counsel or other official as designated
by the Solicitor of Labor.
Subpart 2903.2--Contractor Gratuities to Government Personnel
2903.203 Reporting suspected violations of the Gratuities clause.
Contractor gratuities offered to government personnel are subject
to the restriction under the Standards of Ethical Conduct for Employees
of the Executive Branch, 5 CFR part 2635.
2903.204 Treatment of violations.
Any suspected violations of FAR subpart 3.2 and the clause at FAR
52.203-3, Gratuities, must be reported to the Office of the Inspector
General. The authority to determine whether a violation of the
Gratuities clause by the contractor, its agent, or another
representative has occurred, and the appropriate remedies, are
delegated to the HCA.
Subpart 2903.7--Authority
2903.703 Authority.
Pursuant to FAR 3.703 and 3.705(b), the authority to void or
rescind contracts is delegated to the SPE.
PART 2904--ADMINISTRATIVE MATTERS
Subpart 2904.7--Contractor Records Retention
2904.703 Policy.
2904.703-70 Contract Clause.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Subpart 2904.7--Contractor Records Retention
2904.703 Policy.
2904.703-70 Contract Clause.
The contracting officer shall insert the clause at DOLAR 2952.204-
70, Records Management Requirements, in all solicitations and contracts
in which the contractor creates, works with, or otherwise handles
federal records, as
[[Page 60618]]
defined in subsection (a) of the clause at DOLAR 2952.204-70,
regardless of the medium in which the record exists.
SUBCHAPTER B--ACQUISITION PLANNING
PART 2905--PUBLICIZING CONTRACT ACTIONS
Subpart 2905.2--Synopsis of Proposed Contract Actions
2905.202 Exceptions.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2905.2--Synopsis of Proposed Contract Actions
2905.202 Exceptions.
The Assistant Secretary for Administration and Management is
authorized to make the determination prescribed in FAR 5.202(b),
subject to the consultation requirements therein.
PART 2907--ACQUISITION PLANNING
Subpart 2907.1--Acquisition Plans
2907.101 Consolidation.
2907.108 Additional Requirements for Telecommuting.
2907.108-70 Contract Clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2907.1 Acquisition Plans
2907.101 Consolidation.
The SPE shall make the determination to approve consolidation per
FAR 7.107-2.
2907.108 Additional Requirements for Telecommuting.
2907.108-70 Contract Clause
(a) Contracting officers shall insert the clause at DOLAR 2952.207-
70, Contractor Personnel Telework, in all solicitations and contracts
for services, including construction services.
PART 2909--CONTRACTOR QUALIFICATIONS
Subpart 2909.3 Definitions
2909.301 Definitions.
Subpart 2909.5--Organizational and Consultant Conflicts of Interest
2909.503 Waiver.
2909.507-70 Contract Clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2909.3 Definitions
2909.301 Definitions.
At DOL, the debarring official is the SPE.
At DOL, the suspending official is the SPE.
Subpart 2909.5--Organizational and Consultant Conflicts of Interest
2909.503 Waiver.
(a) The Secretary of Labor delegates to the SPE the authority to
waive any general rule or procedure in FAR Subpart 9.5 when its
application in a particular situation would not be in the Government's
best interest. In making determinations under this subpart the SPE
shall consult with the Office of the Solicitor.
(b) The relevant HCA must make the request for such a waiver in
writing to the SPE who will consult with the Agency Head with respect
to each waiver request. Each request must include:
(1) An analysis of the facts involving the potential or actual
conflict, the nature and extent of the conflict, including benefits and
costs to the Government and prospective contractors of granting the
request;
(2) An explanation of the measures taken to avoid, neutralize, and
mitigate the conflict, if any; and
(c) Identification of the provision(s) in FAR 9.5 to be waived.
2909.507-70 Contract Clause.
(a) Contracting officers shall insert the clause at DOLAR 2952.209-
70, Organizational Conflict of Interest Clause--OCI-1 Exclusion from
Future Agency Contracts, in all solicitations and contracts for
services, including construction services and architectural and
engineering services, and any other contract to which the Contractor
Officer deems the clause to be applicable.
PART 2911--DESCRIBING AGENCY NEEDS
Subpart 2911.002 Policy
2911.002-1 Contract Clauses.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2911.002 Policy
2911.002-1 Contract Clause.
(a) In accordance with FAR 11.002(g), FAR 12.202(e), and FAR
39.101(d), the contracting officer shall insert the clause at DOLAR
2952.211-70, Internet Protocol Version 6 (IPv6) Clause, in all
solicitations/awards when acquiring information technology products or
services that are expected to exceed the micro-purchase threshold.
SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES
PART 2915--CONTRACTING BY NEGOTIATION
Subpart 2915.6--Unsolicited Proposals
2915.604 Agency points of contact.
2915.605 Content of unsolicited proposals.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2915.6--Unsolicited Proposals
2915.604 Agency points of contact.
(a) The Director of Strategy and Administration within the OSPE
shall be the point of contact for receipt of unsolicited proposals.
This responsibility may be delegated by the Director of S&A. Only the
cognizant contracting officer has the authority to bind the Government
by accepting an unsolicited proposal.
(b) The OSPE Director of Strategy and Administration is responsible
for handling unsolicited proposals to ensure that unsolicited proposals
are controlled, evaluated, safeguarded, and disposed of in accordance
with FAR 15.6.
(c) The OSPE Director of Strategy and Administration may not
consider an unsolicited proposal if the proposal resembles an upcoming
solicitation or a procurement identified in the current annual
acquisition plan.
2915.605 Content of unsolicited proposals.
In addition to the contents required by FAR 15.605, unsolicited
proposals for research should contain a commitment by the offeror to
include cost-sharing or should represent a significant cost savings to
DOL.
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
PART 2919 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
Subpart 2919.2--Policies
2919.201 General Policy.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2919.2--Policies
2919.201 General Policy.
The management of small and disadvantaged business utilization
programs at DOL is the responsibility of the Program Manager of the
Office of Small and Disadvantaged Business Utilization (OSDBU), within
the OSPE. All DOL acquisition officials are responsible for providing
opportunities to small businesses and small disadvantaged businesses in
DOL acquisitions, in compliance with law, directives, and the FAR.
Further information can be found at the OSDBU website, currently
accessible at https://www.dol.gov/agencies/oasam/centers-offices/office-of-the-senior-procurement-executive/office-of-small-and-disadvantaged-business-utilization.
[[Page 60619]]
PART 2924--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
Subpart 2924-1 Protection of Individual Privacy
2924.103 Procedures.
2924-103-70 Contract Clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(copyright).
Subpart 2924.1 Protection of Individual Privacy
2924.103 Procedures.
2924.103-70 Contract Clause.
(a) Contracting officers shall insert the clause at DOLAR 2952.224-
70, Privacy Breach Notification Requirements, in all solicitations and
contracts except solicitations and contracts that are solely for the
acquisition of commercially available off-the-shelf items.
SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS
PART 2928--BONDS AND INSURANCE
Subpart 2928.106 Administration
106-6 Furnishing information.
Subpart 2928.2--Sureties and Other Security for Bonds
2928.203 Acceptability of individual sureties.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2928.106 Administration
2928.106-6 Furnishing information.
The HCA or designee performs the functions outlined in FAR 28.106-
(c).
Subpart 2928.2--Sureties and Other Security for Bonds
2928.203 Acceptability of individual sureties.
Contracting officers must refer evidence of possible criminal or
fraudulent activities by an individual surety to the Office of
Inspector General.
PART 2932--CONTRACT FINANCING
Subpart 2932.4--Advance Payments for Non-Commercial Items
2932.408 Applicability of Interest on Advance Payments.
Subpart 2932.5 Progress Payments Based on Costs
2932.501-2 Unusual progress payments.
2932.503-6 Suspension or reduction of payments.
Subpart 2932.7 Contract Funding
2932.703 Contract funding requirements.
2932.703-70 Contract Clause.
Subpart 2932.9 Prompt Payment
2932.908 Contract Clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2932.4--Advance Payments for Non-Commercial Items
2932.408 Applicability of Interest on Advance Payments.
After consulting with the SPE, the HCA may authorize advance
payments without interest pursuant to FAR 32.407.
Subpart 2932.5 Progress Payments Based on Costs
2932.501-2 Unusual progress payments.
After consulting with the SPE, the HCA may approve requests for
``unusual'' progress payments.
2932.503-6 Suspension or reduction of payments.
Any action of a contracting officer under FAR 32.503-6 requires
approval in advance from the HCA. Upon receipt of approval from the
HCA, the contracting officer shall request the contract finance office
to suspend or reduce payments.
Subpart 2932.7 Contract Funding
2932.703 Contract funding requirements.
2932.703-70 Contract Clause.
(a) Contracting officers shall insert the clause at DOLAR 2952.232-
70, Limitation of Government's Obligation (LoGO), in all solicitations
and contracts for severable services.
Subpart 2932.9 Prompt Payment
2932.908 Contract Clause.
(a) Contracting Officers shall insert the clause at DOLAR 2952.232-
71, Submission of Invoices, in all solicitations and contracts.
PART 2933--PROTESTS, DISPUTES, AND APPEALS
Subpart 2933.1--Protests
2933.102 General.
2933.103 Protests to the agency.
2933.104 Protests to GAO.
Subpart 2933.2--Disputes and Appeals
2933.203 Applicability.
2933.209 Suspected fraudulent claims.
2933.212 Contracting officer's duties upon appeal.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c); E.O. 12979, 60 FR
55171, 3 CFR, 1995 Comp., p. 417.
Subpart 2933.1--Protests
2933.102 General.
(1) The relevant contracting officer coordinates DOL's response to
procurement protests filed with the U.S. Government Accountability
Office (GAO), in consultation with DOL legal counsel at the Office of
the Solicitor.
(2) The authority of the Agency Head under FAR 33.102(b) to
determine that a solicitation, proposed award, or award does not comply
with the requirements of law or regulation is delegated to the HCA.
2933.103 Protests to the agency.
(a) The relevant contracting officer shall be the point of contact
for agency-level protests. Upon receipt of an agency level protest, the
contracting officer immediately notifies the Director of Strategy and
Administration within the OSPE and the Office of the Solicitor of the
protest,
(b) OSPE's Director of Strategy and Administration is the Agency
Protest Official.
2933.104 Protests to GAO.
(a) Protests before award. The authority of the relevant HCA under
FAR 33.104(b) to authorize a contract award when the agency has
received notice from the GAO of a protest filed directly with the GAO
is nondelegable. In coordination with SOL, the HCA prepares the written
finding with the information required by FAR 33.104(b)(1). Protests
after award. The authority of the HCA under FAR 33.104(c) to authorize
contract performance when the agency has received notice from the GAO
of a protest filed directly with the GAO is nondelegable. In
coordination with the Office of the Solicitor, the HCA prepares and
provides to the GAO the written finding with the information required
by FAR 33.104(c)(2).
(b) Notice to the GAO. The authority of the HCA under FAR
33.104(g), to report to the GAO the failure to fully implement the GAO
recommendations with respect to a solicitation for a contract or an
award or a proposed award of a contract within 60 days of receiving the
GAO recommendations, is nondelegable. The written notice must be
coordinated with the Office of the Solicitor.
0
Subpart 2933.2--Disputes and Appeals
2933.203 Applicability.
The authority of the Agency Head for action under FAR Subpart 33.2
is delegated to the SPE.
[[Page 60620]]
2933.209 Suspected fraudulent claims.
The contracting officer must refer all matters relating to
suspected fraudulent claims by a contractor under the conditions in FAR
33.209 to the Office of the Inspector General for further action or
investigation.
2933.212 Contracting officer's duties upon appeal.
(a) When a notice of appeal to the Civilian Board of Contract
Appeals has been received, the contracting officer must record the date
of mailing (or the date of receipt if the notice was not mailed). The
contracting officer must also immediately notify the Office of the
Solicitor of the appeal.
(b) The contracting officer should prepare and transmit the
administrative file to the Office of the Solicitor and assist the
Office of the Solicitor in the defense of the appeal and related
matters.
PART 37 SERVICE CONTRACTING--GENERAL
Subpart 2937.1 Service Contract--General
2937.110 Contract Clause.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Subpart 2937.1 Service Contract--General
2937.110 Contract Clause.
(a) Contracting officers shall insert the clause at DOLAR 2952.237-
70, Emergency Continuation of Essential Services, in all solicitations
and contracts that support essential functions identified in agency
continuity plans.
SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING
PART 2939--ACQUISITION OF INFORMATION TECHNOLOGY
Subpart 2939.2--Information and Communication Technology
2939.2-70 Contract Clause.
Authority: 29 U.S.C. 794, 36 CFR 1194.1.
Subpart 2939.2--Information and Communication Technology
2939.2-70 Contract Clause.
(a) Contracting officers shall insert the clause at DOLAR 2952.239-
70, Section 508 Requirements, in all solicitations and contracts for
the acquisition of Information and Communication Technology (ICT) to be
used by the DOL.
SUBCHAPTER G--CONTRACT MANAGEMENT
PART 2942--CONTRACT ADMINISTRATION AND AUDIT SERVICES
Subpart 2942.1 Contract Audit Services
2942.101 Contract Audit Responsibilities.
2942.101-70 Contract Clause.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Subpart 2942.1--Contract Audit Services
2942.101 Contract audit responsibilities.
(a) Contracting officers shall insert the clause at DOLAR 2952.242-
70, Access to Contractor Business Systems, in all solicitations and
contracts that include a covered contractor system, which is a system
that is owned by, or operated by or for, a contractor that processes,
stores, or transmits Federal information.
2942.101-70 Contract Clause.
(a) Contracting officers shall insert the clause at DOLAR 2952.242-
71, DOL Mandatory Training Requirements for Contractor Employees, in
all solicitations and contracts for services, including construction
services.
PART 2943--CONTRACT MODIFICATIONS
Subpart 2943.1 General
2943.104 Notification of contract changes.
2943.104-70 Contract Clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2943.1 General
2943.104 Notification of contract changes.
2943.104-70 Contract Clause.
(a) Contracting officers shall insert the clause at DOLAR 2952.243-
70, Contractor's Obligation to Notify the Contracting Officer of a
Request to Change the Contract Scope (Contractor's Obligation Clause),
in all solicitations and contracts.
PART 2945--GOVERNMENT PROPERTY
Subpart 2945.1 General
2945.104 Responsibility and Liability for Government Property
2945.104-70 Contract clause.
Subpart 2945.105 Contractors' Property Management System Compliance
2945.105-70 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2945.1 General
2045.104 Responsibility and liability for Government Property
2945.104-70 Contract Clause.
(a) Contracting officers shall insert the clause at DOLAR 2952.245-
70, Contractor Responsibility to Report Theft of Government Property,
in all solicitations and contracts that contain FAR clause 52.245-1,
Government Property.
Subpart 2945.105 Contractors' Property Management System Compliance
2945.105-70 Contract Clause.
(a) Contracting officers shall insert the clause at DOLAR 2952.245-
71, Asset Reporting Requirements, in all solicitations and contracts
for the acquisition of Accountable Property to increase the management
and tracking of high-value government assets.
SUBCHAPTER H--CLAUSE AND FORMS
PART 2952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 2952.2--Text of Provisions and Clauses
2952.201-70 Contracting Officer's Representative (COR) Clause.
2952.204-70 Records Management Requirements.
2952.207-70 Contractor Personnel Telework.
2952.209-70 Organizational Conflict of Interest Clause--OCI-1
Exclusion From Future Agency Contracts.
2952.211-70 Internet Protocol Version 6 (IPv6) Clause.
2952.224-70 Privacy Breach Notification Requirements.
2952.232-70 Limitation of Government's Obligation (LoGO).
2952.232-71 Submission of Invoices.
2952.237-70 Emergency Continuation of Essential Services.
2952.239-70 Section 508 Requirements.
2952.242-70 Access to Contractor Business Systems.
2952.242-71 DOL Mandatory Training Requirements for Contractor
Employees.
2952.243-70 Contractor's Obligation to Notify the Contracting
Officer of a Request to Change the Contract Scope (Contractor's
Obligation Clause).
2952.245-70 Contractor Responsibility to Report Theft of Government
Property.
2952.245-71 Asset Reporting Requirements.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2952.2--Text of Provisions and Clauses
2952.201-70 Contracting Officer's Representative (COR) Clause.
As prescribed in 2901.602-70, insert the following clause:
[[Page 60621]]
Contracting Officer's Representative (COR) Clause (SEPTEMBER 2014)
(a) A Contracting Officer's Representative (COR) will be
delegated upon award. A copy of the delegation memorandum will be
provided to the COR and a delegation letter sent to the vendor.
(b) The COR, is responsible as applicable for: receiving all
deliverables; inspecting and accepting the supplies or services
provided hereunder in accordance with the terms and conditions of
this contract; providing direction to the contractor which clarifies
the contract effort, fills in details or otherwise serves to
accomplish the contractual scope of work; evaluating performance;
and certifying all invoices/vouchers for acceptance of the supplies
or services furnished for payment.
(c) The COR does not have the authority to alter the
contractor's obligations under the contract, and/or modify any of
the expressed terms, conditions, specifications, or cost of the
agreement. If, as a result of technical discussions, it is desirable
to alter/change contractual obligations or the scope of work, the
contracting officer must issue such changes.
(End of Clause)
2952.204-70 Records Management Requirements.
(a) As prescribed in 2904.703-70, insert the following clause:
Records Management Requirements (August 2018)
A. Definitions
``Federal record'' as defined in 44 U.S.C. 3301, includes all
recorded information, regardless of form or characteristics, made or
received by a federal agency under federal law or in connection with
the transaction of public business and preserved or appropriate for
preservation by that agency or its legitimate successor as evidence
of the organization, functions, policies, decisions, procedures,
operations, or other activities of the United States Government or
because of the informational value of data in them.
The term federal record:
(a) Includes DOL records.
(b) Does not include personal materials.
(c) Applies to records created, received, or maintained by
contractors pursuant to their DOL contract.
(d) May include deliverables and documentation associated with
deliverables.
B. Requirements
(a) Contractor shall comply with all applicable records
management laws and regulations, as well as National Archives and
Records Administration (NARA) records policies, including but not
limited to, the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33),
NARA regulations at 36 CFR Chapter XII Subchapter B, and those
policies associated with the safeguarding of records covered by the
Privacy Act of 1974 (5 U.S.C. 552a). These policies include the
preservation of all records, regardless of form or characteristics,
mode of transmission, or state of completion.
(b) In accordance with 36 CFR 1222.32(b), all data created for
Government use and delivered to, or falling under the legal control
of, the Government are federal records subject to the provisions of
44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information
Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974
(5 U.S.C. 552a), as amended and must be managed and scheduled for
disposition only as permitted by statute or regulation.
(c) In accordance with 36 CFR 1222.32, contractor shall maintain
all records created for government use or created in the course of
performing the contract and/or delivered to, or under the legal
control of the Government and must be managed in accordance with
federal law. Electronic records and associated metadata must be
accompanied by sufficient technical documentation to permit
understanding and use of the records and data.
(d) DOL and its contractors prevent the alienation or
unauthorized destruction of records, including all forms of
mutilation. Records may not be removed from the legal custody of DOL
or destroyed except for in accordance with the provisions of the
applicable agency schedules and with the written concurrence of the
Head of the Contracting Activity in consultation with the Agency
Records Officer. Willful and unlawful destruction, removal, damage,
or alienation of federal records is subject to the fines and
penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or
accidental removal, defacing, alteration, or destruction of records,
contractor must report to DOL. The agency must report the incident
directly to their Agency Records Officer. The Agency Records Officer
will engage the Departmental Records Officer who will follow
procedures promptly to report to NARA in accordance with 36 CFR
1230.
(e) The contractor shall immediately notify the appropriate
contracting officer upon discovery of any inadvertent or
unauthorized disclosures of information, data, documentary
materials, records, or equipment. Disclosure of non-public
information is limited to authorized personnel with a need-to-know
as described in the contract. The contractor shall ensure that the
appropriate personnel, administrative, technical, and physical
safeguards are established to ensure the security and
confidentiality of this information, data, documentary material,
records and/or equipment is properly protected. The contractor shall
not remove material from government facilities or systems, or
facilities or systems operated or maintained on the Government's
behalf, without the express written permission of the Head of the
Contracting Activity. When information, data, documentary material,
records, and/or equipment is no longer required, it shall be
returned to DOL's control, or the contractor must hold it until
otherwise directed. Items returned to the Government shall be hand
carried, mailed, emailed, or securely electronically transmitted to
the contracting officer or address prescribed in the contract.
Destruction of records is EXPRESSLY PROHIBITED unless in accordance
with Paragraph (4).
(f) The contractor is required to obtain the contracting
officer's approval prior to engaging in any contractual relationship
(sub-contractor) in support of this contract requiring the
disclosure of information, documentary material, and/or records
generated under, or relating to, contracts. The contractor (and any
sub-contractor) is required to abide by government and DOL guidance
for protecting sensitive, proprietary information, classified, and
controlled unclassified information.
(g) The contractor shall only use government IT equipment for
purposes specifically tied to or authorized by the contract and in
accordance with DOL policy.
(h) The contractor shall not create or maintain any records
containing any non-public DOL information that are not specifically
tied to or authorized by the contract.
(i) The contractor shall not retain, use, sell, or disseminate
copies of any deliverable that contains information covered by the
Privacy Act of 1974 or that which is generally protected from public
disclosure by an exemption to the Freedom of Information Act.
(j) [Insert the following if no other data rights clause has
been included in the contract] The DOL owns the rights to all data
and records produced as part of this contract. All deliverables
under the contract are the property of the U.S. Government for which
DOL shall have unlimited rights to use, dispose of, or disclose such
data contained therein as it determines to be in the public
interest. Any contractor rights in the data or deliverables must be
identified as required by FAR 52.227-11 through FAR 52.227-20.
(k) Training. All contractor employees assigned to this contract
who create, work with, or otherwise handle records are required to
take the annual mandatory records management training, provided by
DOL, as directed by the Contracting Officer's Representative (COR).
The training shall be completed in a timeframe specified by the COR.
The contractor confirms training has been completed according to
agency policies, including initial training and any annual or
refresher training.
C. Flow Down of Requirements to Subcontractors
(a) The contractor shall incorporate the substance of this
clause, its terms, and requirements, including this paragraph, in
all subcontracts under this contract and require written
subcontractor acknowledgment of same.
(b) Violation by a subcontractor of any provision set forth in
this clause will be attributed to the contractor.
(End of Clause)
2952.207-70 Contractor Personnel Telework.
As prescribed in 2907.108-70, insert the following clause:
Contractor Personnel Telework (October 2021)
The Government shall not provide or reimburse contractor
personnel for internet connectivity.
(End of Clause)
[[Page 60622]]
2952.209-70 Organizational Conflict of Interest Clause--OCI-1
Exclusion From Future Agency Contracts.
As prescribed in 2909.507-70, insert the following clause:
Organizational Conflict of Interest Clause--OCI-1 Exclusion From Future
Agency Contracts (December 2012)
This clause supplements the FAR provisions on organizational
conflicts of interest, located at FAR subpart 9.500 and should be
read in conjunction with these provisions. To the extent there is
any inconsistency or confusion between the two provisions, the FAR
provision controls.
(a) Work under this contract may create a future organizational
conflict of interest (OCI) that could prohibit the contractor from
competing for, or being awarded, future government contracts.
The following examples illustrate situations in which
organizational conflicts of interest may arise. They are not all
inclusive, but will be used by the contracting officer as general
guidance in individual contract situations:
(1) Unequal Access to Information. The performance of this
contract may provide access to ``nonpublic information,'' which
could provide the contractor an unfair competitive advantage in
later solicitations or competitions for other DOL contracts. Such an
advantage could be perceived as unfair by a competing vendor who is
not given similar access to the same nonpublic information that is
related to the future procurement action. If you, as a contractor,
in performing this contract, obtain nonpublic information that is
relevant to a future procurement action, you may be required to
submit and negotiate an acceptable mitigation plan prior to being
deemed eligible to compete on the future action. Alternatively, the
``nonpublic information'' may be provided to all offerors.
(2) Biased Ground Rules. Your contract with DOL may have, in
some fashion, established important ``ground rules'' for another DOL
procurement, in which you may desire to be a competitor. For
example, this contract may involve you drafting the statement of
work, specifications, or evaluation criteria for a future DOL
procurement. The primary concern, in any such situation, is that any
such firm could skew the competition, whether intentionally or not,
or be perceived as having skewed the competition, in its own favor.
If the requirements of this DOL contract anticipate the contractor
may be placed in a position to establish important ground rules,
including but not limited to those described herein, the contractor
may be precluded from competing in the related action or, if
possible, may be required to submit and negotiate an acceptable
mitigation plan.
(3) Impaired Objectivity. The performance of this contract may
result in the contractor being placed in a situation where it is
able, or required, to provide assessment and evaluation findings
concerning itself, another business division, a subsidiary or
affiliate, or other entity with which it has a significant financial
relationship. The concern in this case is that the contractor's
ability to render impartial advice to DOL could appear to be
undermined by the contractor's financial or other business
relationship to the entity whose work product is being assessed or
evaluated. In these situations, a ``walling off'' of lines of
communication between entities or divisions may be acceptable, but
it also may not be sufficient to remove the perception that the
objectivity of the contractor has been tainted. If the requirements
of the DOL procurement indicate that a contractor may be placed in a
position to provide evaluations and assessments of itself or other
entities with which it has a significant financial relationship, the
affected contractor should notify DOL immediately. The contractor
may also be required to provide a mitigation plan that includes
recusal by the contractor from one of the affected contracts. Such
recusal might include divestiture of the work to a third party.
(b) In order to prevent a future OCI of any kind, the contractor
shall be subject to the following restrictions:
(1) The contractor may be excluded from competition for, or
award of, any government contracts as to which, in the course of
performing another contract, the contractor has received nonpublic
and competitively relevant information before such information has
been made generally available to other persons or firms.
(2) The contractor may be excluded from competition for, or
award of, any government contract for which the contractor actually
assisted or participated in the development of specifications or
statements of work.
(3) The contractor may be excluded from competition for or award
of, any government contract which calls for it to evaluate itself,
any affiliate, or any products or services produced or performed
thereby.
(4) The contractor may be excluded from competition for, or
award of, any government contract calling for the production or
performance of any product or service for which the contractor
participated in the development of requirements or definitions
pursuant to another contract.
(c) This clause shall not exclude the contractor from performing
work under any modification to this contract or from competing for
award of any future contract for work that is the same or similar to
work performed under this contract, so long as the conditions above
are not present. This clause does not prohibit an incumbent from
competing on a follow-on competition, but the contracting officer
may require a mitigation plan or other steps as needed to ensure
that there has not been an unequal access to nonpublic competitively
sensitive information.
(d) The term ``contractor'' as used in this clause, includes any
person, firm or corporation that owns or controls, or is owned or
controlled by, the contractor. The term also includes the corporate
officers of the contractor.
(e) The agency may in its sole discretion, waive any provisions
of this clause if deemed in the best interest of the Government. The
exclusions contained in this clause shall apply for the duration of
this contract and for three (3) years after completion and
acceptance of all work performed hereunder, or such other period as
the contracting officer shall direct.
(f) If any provision of this clause excludes the contractor from
competition for, or award of any contract, the contractor shall not
be permitted to serve as a subcontractor, at any tier, on such
contract. This clause shall be incorporated into any subcontracts or
consultant agreements awarded under this contract unless the
contracting officer determines otherwise.
(End of Clause)
2952.211-70 Internet Protocol Version 6 (IPv6) Clause.
As prescribed in 2911.002-1, insert the following clause:
Internet Protocol Version 6 (IPv6) Clause (May 2015)
(a) Any system or product that includes: hardware, software,
firmware, and/or networked components, including but not limited to,
voice, video, or data that is developed, procured, or acquired in
support and/or performance of this requirement shall be capable of
transmitting, receiving, processing, or forwarding digital
information across system boundaries that are formatted in
accordance with commercial standards of internet Protocol (IP)
version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special
Publication 500-267) and corresponding declarations of conformance
defined in the USGv6 Test Program.
(b) This IPv6 capable system or product shall maintain
interoperability with IPv4 systems and provide the same level of
performance and reliability capabilities of IPv4 systems.
(c) This IPv6 capable system or product shall have available
IPv4 and IPv6 technical support for development, implementation, and
troubleshooting of the system.
(d) This IPv6 capable system or product can be upgraded, or the
vendor will provide an appropriate migration path for industry-
required changes to IPv6 as the technology evolves, at no additional
cost to the Government.
(e) This IPv6 capable system or product must be able to operate
on networks supporting IPv4 & IPv6, as well as networks that support
both.
(f) Any system or product whose IPv6 non-compliance is
discovered and made known to the vendor/contractor within 12 months
of the start of performance shall be upgraded, modified, replaced,
or brought into compliance at no additional cost to the Federal
Government.
(End of Clause)
2952.224-70 Privacy Breach Notification Requirements.
As prescribed in 2924.103-70, insert the following clause:
Privacy Breach Notification Requirements (April 2018)
A. Definitions
``Breach'' is defined as the loss of control, compromise,
unauthorized disclosure, unauthorized acquisition, or any similar
occurrence where--
[[Page 60623]]
(a) A person other than an authorized user accesses or
potentially accesses Personally Identifiable Information (PII); or
(b) An authorized user accesses or potentially accesses PII for
an unauthorized purpose.
Information'' is defined as any communication or representation
of knowledge such as facts, data, or opinions in any medium or form,
including textual, numerical, graphic, cartographic, narrative,
electronic, or audiovisual forms (See Office of Management and
Budget (OMB) Circular No. A-130, Managing Federal Information as a
Strategic Resource).
``Information System'' is defined as a discrete set of
information resources organized for the collection, processing,
maintenance, use, sharing, dissemination, or disposition of
information (44 U.S.C. 3502).
``Personally Identifiable Information'' is defined as
information that can be used to distinguish or trace an individual's
identity, either alone or when combined with other information that
is linked or linkable to a specific individual. (See OMB Circular
No. A-130, Managing Federal Information as a Strategic Resource).
B. Requirements
(a) Contractors and subcontractors who collects or maintains
federal information on behalf of the agency or uses or operates an
information system on behalf of the agency, shall comply with
federal law e.g., FISMA 2014, E-Government Act and the Privacy Act.
Additionally, the contractor shall meet OMB directives and National
Institute of Standards and Technology Standards to ensure processing
of PII is adequately managed.
(b) The contractor shall:
(1) Properly encrypt PII in accordance with appropriate laws,
regulations, directives, standards or guidelines;
(2) Report to DOL any suspected or confirmed breach in any
medium or form, including paper, oral, and electronic within one
hour of discovery;
(3) Cooperate with and exchange information with DOL
(contracting officer and Contracting Officer's Representative) as
well as allow for an inspection, investigation, forensic analysis,
as determined necessary by the DOL, in order to effectively report
and manage a suspected or confirmed breach;
(4) Maintain capabilities to determine what DOL information was
or could have been compromised and by whom, construct a timeline of
user activity, determine methods and techniques used to access
federal information, and identify the initial attack vector;
(5) Ensure staff that have access to DOL systems or information
are regularly trained to identify and report a security incident.
This includes the completion of any DOL mandatory training for
contractors;
(6) Take steps to address security issues that have been
identified, including steps to minimize further security risks to
those individuals whose PII was lost, compromised, or potentially
compromised.
(7) Report incidents per DOL incident management policy and US-
CERT notification guidelines.
(c) Remedy:
(1) A report of a breach shall not, by itself, be interpreted as
evidence that the contractor or its subcontractor (at any tier)
failed to provide adequate safeguards for PII. If the contractor is
determined to be at fault for the breach, the contractor may be
financially liable for government costs incurred in the course of
breach response and mitigation efforts;
(2) The contractor shall take steps to address security issues
that have been identified, including steps to minimize further
security risks to those individuals whose PII was lost, compromised,
or potentially compromised. Additionally, the individual or
individuals directly responsible for the data breach shall be
removed from the contract within 45 days of the breach of data; and
(3) The Government reserves the right to exercise all available
contract remedies including, but not limited to, a stop-work order
on a temporary or permanent basis in order to address a breach or
upon discovery of a contractor's failure to report a breach as
required by this clause. If the contractor is determined to be at
fault for a breach, the contractor shall provide credit monitoring
and privacy protection services for one year to any individual whose
private information was accessed or disclosed. The individual shall
be given the option, but the decision is theirs. Those services will
be provided solely at the expense of the contractor and will not be
reimbursed by the Federal Government.
(End of Clause)
2952.232-70 Limitation of Government's Obligation (LoGO).
As prescribed in 2932.703-70, insert the following clause:
Limitation of Government's Obligation (LoGO)--(July 2014)
(a) Contract line item(s) ($ to be determined at the exercise of
each option) through ($ to be determined at the exercise of each
option) are incrementally funded. For these item(s), the sum of ($
to be determined at the exercise of each option) of the total price
is presently available for payment and allotted to this contract. An
allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the
contractor agrees to perform up to the point at which the total
amount payable by the Government, including reimbursement in the
event of termination of those item(s) for the Government's
convenience, approximates the total amount currently allotted to the
contract. The contractor is not authorized to continue work on those
item(s) beyond that point. The Government will not be obligated in
any event to reimburse the contractor in excess of the amount
allotted to the contract for those item(s) regardless of anything to
the contrary in the clause entitled ``Termination for Convenience of
the Government.'' As used in this clause, the total amount payable
by the Government in the event of termination of applicable contract
line item(s) for convenience includes costs, profit, and estimated
termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment
schedule in paragraph (j) of this clause, the contractor will notify
the contracting officer in writing at least thirty days prior to the
date when, in the contractor's best judgment, the work will reach
the point at which the total amount payable by the Government,
including any cost for termination for convenience, will approximate
80 percent of the total amount presently allotted to the contract
for performance of the applicable item(s). The notification will
state (1) the estimated date when that point will be reached and (2)
an estimate of additional funding, if any, needed to continue
performance of applicable line items up to the next scheduled date
for allotment of funds identified in paragraph (j) of this clause,
or to a mutually agreed upon substitute date. The notification will
also advise the contracting officer of the estimated amount of
additional funds that will be required for the timely performance of
the item(s) funded pursuant to this clause, for a subsequent period
as may be specified in the allotment schedule in paragraph (j) of
this clause or otherwise agreed to by the parties. If after such
notification additional funds are not allotted by the date
identified in the contractor's notification, or by an agreed
substitute date, the contracting officer will terminate any item(s)
for which additional funds have not been allotted, pursuant to the
clause of this contract entitled ``Termination for Convenience of
the Government.''
(d) When additional funds are allotted for continued performance
of the contract line item(s) identified in paragraph (a) of this
clause, the parties will agree as to the period of contract
performance, which will be covered by the funds. The provisions of
paragraphs (b) through (d) of this clause will apply in like manner
to the additional allotted funds and agreed substitute date, and the
contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot
additional funds, by the dates indicated below, in amounts
sufficient for timely performance of the contract line item(s)
identified in paragraph (a) of this clause, the contractor incurs
additional costs or is delayed in the performance of the work under
this contract and if additional funds are allotted, an equitable
adjustment will be made in the price or prices (including
appropriate target, billing, and ceiling prices where applicable) of
the item(s), or in the time of delivery, or both. Failure to agree
to any such equitable adjustment hereunder will be a dispute
concerning a question of fact within the meaning of the clause
entitled ``Disputes.'' In no event shall the equitable adjustment be
more than the contract line item(s) price(s) in question.
(f) The Government may at any time prior to termination allot
additional funds for the performance of the contract line item(s)
identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the
rights of the Government under the clause entitled ``Default.'' The
provisions of this clause are limited to the work and allotment of
funds for the contract line item(s) set forth in paragraph (a) of
this clause. This clause no longer applies once the contract is
fully
[[Page 60624]]
funded except with regard to the rights or obligations of the
parties concerning equitable adjustments negotiated under paragraphs
(d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government
to terminate this contract pursuant to the clause of this contract
entitled ``Termination for Convenience of the Government.''
(i) Nothing in this clause shall be construed as authorization
of voluntary services whose acceptance is otherwise prohibited under
31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds
to this contract in accordance with the following schedule:
On execution of contract $___*
(month) (day), (year) $___*
(month) (day), (year) $___*
(month) (day), (year) $___*
* To be inserted after negotiation.
(End of Clause)
Alternate I (July 2014). If only one line item will be
incrementally funded, substitute the following paragraph (a) for
paragraph (a) of the basic clause:
(a) Contract line item__is incrementally funded. The sum of $ * is
presently available for payment and allotted to this contract. An
allotment schedule is contained in paragraph (j) of this clause.
* To be inserted after negotiation.
2952.232-71 Submission of Invoices.
As prescribed in 2932.905-70, insert the following clause:
Submission of Invoices (August 2019)
(a) Electronic Invoice Submittal
Invoices for the services/goods provided under this award shall
be submitted through the Department of Treasury's Invoice Processing
Platform (IPP) or through DOL Quickpay email system, as directed by
the Contracting Officer. IPP is a Federal Government owned and
operated website accessible to contractors free of charge.
Information about IPP, including enrollment instructions, are
available and should be obtained by the enrolled contractors
directly from the Department of Treasury after award at, https://www.ipp.gov.
(1) The following instructions apply to Invoices submitted
through IPP.Gov or the DOL Quickpay email system:
(i) IPP invoice attachments SHALL NOT exceed the size limit of
10 megabytes (MB) each. However, you may submit multiple attachments
of less than 10MB each with the invoices.
(ii) DO NOT submit an invoice or attachment that uses shading or
color.
(b) An emailed Portable Document Format (PDF) image cannot have
any text that has a background with any color other than white. If
the image has a shaded background, it will be converted to black,
and the text will be illegible.
(c) An emailed Tagged Image File Format (TIFF) image must be
black and white.
(1) Quickpay users SHALL: provide a copy of the invoice and any
attachments via email to the Contracting Officer's Representative
(COR, at the address specified in the contract.
(2) Quickpay users SHALL NOT: submit more than one attachment
per invoice and the attachment shall not exceed 10MB. Any additional
attachments will not be recognized.
(3) DO NOT submit more than one invoice at a time.
(4) DO NOT attempt to use the ``Recall or Resend'' email message
feature.
(d) Electronic invoices shall be in PDF or TIFF format.
(e) Paper Invoices shall be submitted via fax or U.S. mail Paper
invoices may be sent via fax to: (202) 693-2862. Mail paper invoices
to: U.S. Department of Labor, Office of Financial Management
Operations Division of Client Accounting, Services Room S-5526, 200
Constitution Avenue NW, Washington, DC 20210.
(f) General Information
Payment due date is to be calculated from the date the invoice
is received in accordance with FAR 32.905 and the instructions
above.
Inquiries regarding invoices must be emailed to
[email protected]. The relevant invoice must be attached
to the inquiry email and the subject line of the email must state
``INQUIRY'', as shown in the following example:
INQUIRY: Contractor Name, DOL Agency, Contract Number, BPA Call or
Order Number, Invoice Number, Invoice Amount
The contractor SHALL NOT use the DOL electronic invoicing email
address for inquiries about any invoice.
Questions:
All questions regarding Electronic Invoicing shall be sent to
the DOL Office of the Chief Financial Officer (OCFO) at
[email protected].
(End of Clause)
2952.237-70 Emergency Continuation of Essential Services.
As prescribed in 2937.110, insert the following clause:
Emergency Continuation of Essential Services (March 2014)
(a) Essential Services. DOL has identified certain services
under this agreement (contract, BPA, BOA, task/delivery order or
other vehicle, hereinafter ``requirement'') as being essential to
the DOL's missions and operations. Such essential services must
continue to be performed, even if an event occurs (or is threatened
to occur) that would disrupt or interfere with operations at, or
access to, facilities where services ordinarily take place. Such an
event may include, but is not limited to, emergencies that may be
natural (e.g., earthquake, flood, hurricane, tornado, public health
emergencies, including pandemic influenza), man-made (e.g., civil
unrest, chemical spill, cyber or terrorist threats or attacks), or
technological (e.g., building fire, utility outage), and which may
affect one or more facilities or locations, including federal
facilities, where the contractor normally performs services
hereunder.
(b) Contingency Plans. Unless already included in the
requirement, within 30 days of the commencement of performance (or
the bi-lateral incorporation of this clause), the contractor shall
submit the following contingency plans to the contracting officer
(CO) and the Contracting Officer's Representative (COR):
(1) A contingency plan to continue performance off-site for a
period of between one and thirty days; and
(2) A contingency plan to continue performance off-site for more
than thirty days, until the event described above is resolved.
(3) Such contingency plans will become an obligation of the
contractor under the requirement.
(c) Contents of the Contingency Plans. The contingency plans
referenced in paragraph above shall, at a minimum, address:
(1) How the contractor plans to continue performance of
essential services for the duration of an event, including
identifying and securing suitable off-site workplaces, personnel,
and resources;
(2) The contractor's use of off-site facilities, including
allowing its essential personnel to work from an alternative site or
other remote locations to perform essential services;
(3) Alert and notification procedures for mobilizing and
communicating with DOL and with essential personnel, and for
communicating expectations to its personnel regarding their roles
and responsibilities during the event;
(4) A list of telephone numbers and email addresses (with
alternates if available) for all managers currently performing under
the requirement; and
(5) Processes and requirements for the identification, training,
and preparedness of essential personnel who would be capable of
relocating to alternate facilities or performing work from home.
(d) Approval of the Contingency Plans. The CO, in consultation
as appropriate with the COR, shall review both contingency plans
within 14 days of receipt, or as agreed, and shall either accept
them or advise the contractor of any reason for disapproval. If
either plan is not accepted by the CO, the contractor shall resubmit
a revised plan within 7 days, or as agreed.
(e) Activation of a Contingency Plan. The Agency Head, CO, COR,
or other authorized agency official, may activate the contractor's
Contingency Plan by notifying the contractor either orally or in
writing. In the event of an oral instruction, a written confirmation
of the activation will follow shortly after the resumption of normal
activities. Once a contingency plan has been activated, services
hereunder shall continue without delay or interruption,
notwithstanding the ``Excusable Delay'' Clause, or any other
provision of the contract (or requirement if this contract vehicle
is BPA, BOA, or similar vehicle).
(f) Failure to Execute a Plan. In the event the contractor is
unable or unwilling to perform the essential services identified
under the requirement, as determined by DOL in its sole discretion,
DOL reserves the right, in addition to any other right it may have,
to use federal employees or other contract support, either from
existing contracts or new contracts, to continue those critical
services. DOL may view the contractor's failure to implement the
Contingency Plan as not performing a
[[Page 60625]]
contractual requirement and reserves all rights to seek remedies
associated with any such nonperformance. Any new contracting efforts
would be conducted in accordance with the FAR, OFPP's January 14,
2011 Emergency Acquisition Guide, or any other subsequent emergency
guidance that may be issued.
(End of Clause)
2952.239-70 Section 508 Requirements.
As prescribed in 2939.2-70, insert the following clause:
Section 508 Requirements (2024)
A. Definition
The term ``Information and Communication Technology (ICT)'' in
this contract is used as defined at FAR 48 CFR 2.101.
B. Requirements
Section 508 of the Rehabilitation Act, as amended (29 U.S.C.
794d), applies to federal departments, such as DOL, and the
contractors providing support on behalf of such federal department.
The contractor is required to provide Section 508 compliant systems
and components of ICT when federal agencies develop, procure,
maintain, or use ICT. The contractor shall ensure that its system
and components allow federal employees and members of the public
with disabilities access to, and use of, information and data that
is comparable to the access afforded federal employees and members
of the public without disabilities. Products, platforms, and
services delivered as part of this contract action that are ICT, or
contain ICT, shall conform to the Revised Section 508 Standards,
which are located at 36 CFR 1194.1 Appendices A & C.
Please insert the clause(s) below which meet the parameters of
the contract being awarded.
(a) Requirements by service/contract type are as follows:
(1) Custom ICT Development Services: When the contractor
provides custom ICT development services and/or Commercially
Available Off-the-Shelf (COTS) products, pursuant to the
requirements, the contractor shall ensure the ICT fully conforms to
the Revised 508 Standards (36 CFR 1194.1 Appendices A & C) prior to
delivery and before final Acceptance.
(2) Installation, Configuration, & Integration Services: When
the contractor provides installation, configuration, or integration
services for equipment or software pursuant to the requirement, the
contractor shall not install, configure or integrate the equipment
or software in a way that reduces the level of conformance with the
Revised 508 Standards (36 CFR 1194.1 Appendices A & C).
(3) Maintenance Upgrades & Replacements: The contractor shall
ensure maintenance upgrades, substitutions, and replacements to
equipment and software pursuant to this award do not reduce the
approved level of conformance with the Revised 508 Standards (36 CFR
1194.1 Appendices A & C) at the time of award. Additionally, an
updated Accessibility Conformance Report (ACR) shall be submitted
for the ICT, and the ACR shall be completed according to the
instructions provided by the Information Technology Industry Council
(ITI), in order to be considered for each option year exercised.
(4) Contractor Processes: The contractor shall ensure--its
processes are at a maturity level at least equivalent to the DHS
Trusted Tester methodology; its personnel have the knowledge,
skills, and ability necessary to make ICT under this contract
conform to the Revised 508 Standards (36 CFR 1194.1 Appendices A &
C); and that it provides conformant Section 508 supporting
documentation upon request.
(5) Hosting Services: The contractor shall not implement hosting
services in a manner that reduces the existing level of conformance
of the electronic content with the Revised 508 Standards (36 CFR
1194.1 Appendices A & C), when providing hosting services for
electronic content to the agency. Throughout the life of the award,
the agency reserves the right to perform Independent third-party
testing on a vendor or contractor's hosted solution to verify
conformance.
(b) Validation for ICT: The contractor shall test and validate
the ICT for conformance to the Revised 508 Standards (36 CFR 1194.1
Appendices A & C), in accordance with the required testing methods
and provide test results to verify conformance of the Voluntary
Product Assessment Template (VPAT).
(1) For web and software, WCAG 2.0 Level A and AA Conformance
test results shall be based on the Accessibility Tests for Software
and Web, Harmonized Testing Process for Section 508 Compliance from
the DHS Trusted Tester program.
(2) For Microsoft Office and PDF documents, WCAG 2.0 Level A,
and AA Conformance test results shall be based on the Harmonized
Testing Guidance from the Accessible Electronic Documents Community
of Practice.
(3) For ICT that are not electronic content, the contractor
shall validate conformance to the Revised 508 Standards (36 CFR
1194.1 Appendices A & C) using a defined testing process. The
contractor shall describe test process and provide the testing
results to the agency.
(c) Conformance Reporting: For ICT that are developed, updated,
or configured for the agency, and when product substitutions are
offered:
(1) Before Acceptance, the contractor shall provide an
Accessibility Conformance Report (ACR) for the ICT that is
developed, updated, configured for the agency, and when product
substitutions are offered. The ACR should be based on the most
recent version of the Voluntary Product Assessment Template (VPAT)
provided by the Information Technology Industry Council (ITI). An
ACR shall be submitted for each ICT and shall be completed according
to the instructions provided by ITI to be considered for Acceptance.
(2) Before Acceptance, when the contractor is required to
perform testing to validate conformance to the agency's
accessibility requirements, the vendor shall provide a supplemental
accessibility report that contains the following information:
i. Accessibility test results based on the required test
methods.
ii. Documentation of features provided to help achieve
accessibility and usability for people with disabilities.
iii. Documentation of core functions that cannot be accessed by
persons with disabilities.
iv. Documentation on how to configure and install the ICT to
support accessibility.
v. When ICT is an authoring tool that generates content
(including documents, reports, training, videos, multimedia
productions, web content, etc.), provide information on how the ICT
enables the creation of accessible electronic content that conforms
to the Revised 508 Standards (36 CFR 1194.1 Appendices A & C),
including the range of accessible user interface elements the tool
can create.
vi. Before final Acceptance, the contractor shall provide a
fully working demonstration of the completed ICT to demonstrate
conformance to the agency's accessibility requirements. The
demonstration shall expose where such conformance is and is not
achieved.
(3) At any time, DOL reserves the right to perform Independent
third-party testing to validate the ICT provided by the contractor,
conforms to the Revised 508 Standards (36 CFR 1194.1 Appendices A &
C).
(d) Non-Compliance: Before final Acceptance of ICT, including
updates and replacements, DOL shall determine that the furnished ICT
is in compliance with the Revised 508 Standards (36 CFR 1194.1
Appendices A & C). If the furnished ICT is determined to be non-
compliant, the contracting officer shall notify the contractor of
this determination, within 15 business days of determination of non-
compliance. The contractor shall, at no cost to DOL, repair or
replace the non-compliant products or services within the period
specified by the contracting officer. The contracting officer makes
the final decision to accept or not accept a contractor's ICT that
does not meet the Revised 508 Standards (36 CFR 1194.1 Appendices A
& C).
(End of Clause)
2952.242-70 Access to Contractor Business Systems.
As prescribed in 2942.101-70, insert the following clause:
Access to Contractor Business Systems (April 2019)
The contractor shall, upon request, provide to the Government,
access to covered contractor systems associated with the execution
and performance of this requirement to meet audits, reviews,
security requirements, and Office of Inspector General requests.
(End of Clause)
2952.242-71 DOL Mandatory Training Requirements for Contractor
Employees.
As prescribed in 2942.201-70, insert the following clause:
[[Page 60626]]
DOL Mandatory Training Requirements for Contractor Employees (August
2018)
(a) Where required and applicable, contractor employees,
including employees of subcontractors at any tier, shall complete
any DOL designated and hosted training, that the Contracting
Officer's Representative (COR) identifies as mandatory. Training
shall be completed in a timeframe specified by the COR.
(b) Time spent on training shall be counted as regular hours
worked.
(c) The contractor shall ensure this clause is incorporated in
all subcontracts, at any tier.
(End of Clause)
2952.243-70 Contractor's Obligation to Notify the Contracting Officer
of a Request to Change the Contract Scope (Contractor's Obligation
Clause).
As prescribed in 2943.104-70, insert the following clause:
Contractor's Obligation To Notify the Contracting Officer of a Request
To Change the Contract Scope (Contractor's Obligation Clause) January
2012
(a) Except for changes identified in writing and signed by the
contracting officer, the contractor is required to notify, within
five working days of receipt or knowledge, any request for changes
to this contract (including actions, inactions, and written or oral
communications) that the contractor regards as exceeding the scope
of the contract. On the basis of the most accurate information
available to the contractor, the notice shall state:
(1) The date, nature, and circumstances of the conduct regarded
as a change in scope;
(2) The name, function, and activity of each Government employee
and contractor official or employee involved in, or knowledgeable
about, such conduct; and
(3) The identification of any documents and substance of any
oral communication involved in such conduct.
(b) Following submission of this notice, the contractor shall
continue performance in accordance with the contract terms and
conditions, unless notified otherwise by the contracting officer.
(c) The contracting officer shall promptly, within 5 business
days after receipt of notice from the contractor, respond to the
notice in writing. In responding, the contracting officer shall
either:
(1) Confirm that the contractor's notice identifies a change in
the scope of the contract and directs the contractor to stop work,
completely or in part, in accordance with the Stop Work provisions
of the contract;
(2) Deny that the contractor's notice identifies a change in
scope and instruct the contractor to continue performance under the
contract; or
(3) In the event the contractor's notice does not provide
sufficient information to make a decision, advise the contractor
what additional information is required, and establish the date by
which it should be furnished and the date thereafter by which the
Government will respond.
(End of Clause)
2952.245-70 Contractor Responsibility to Report Theft of Government
Property.
As prescribed in 2945.104-70, insert the following clause:
Contractor Responsibility to Report Theft of Government Property
(February 2020)
Upon the contractor becoming aware of theft of government
property by its employee(s), including theft that occurs at
subcontractor or alternate site locations, the contractor shall
report the theft of government property to the Contracting Officer's
Representative or CO of record.
(End of Clause)
2952.245-71 Asset Reporting Requirements.
As prescribed in 2945.105-70, insert the following clause:
Asset Reporting Requirements (July 2019)
(A) Definitions.
``Accountable Property'' is a term to identify property that is
essential to DOL operations for which it is in the best interest of
the Government to assign and record accountability to assure proper
use, maintenance, and disposal. This includes items purchased and
obtained through a ``lease-to-own'' program. The following items are
DOL Accountable Property:
(1) DOL-owned or DOL-leased, serialized items (i.e., items with
a manufacturer's serial number) with an acquisition unit cost above
$3,000.
(2) DOL-owned or DOL-leased ``sensitive items.''
(3) DOL-owned or DOL-leased furniture with an acquisition unit
cost above $10,000. Items with an acquisition unit cost less than
$10,000 are not applicable.
``Sensitive Items'' is defined as items, regardless of value,
that have appeal to others and may therefore be subject to theft, or
to security concerns, or that are considered mission critical. The
following are considered sensitive items, as well as any other items
identified as sensitive by the Contracting Officer's Representative
(COR):
(1) Desktops and Laptops, including docking stations and
connectable monitors.
(2) PDAs/iPads/SurfacePros/Tablets.
(3) Printers and Copiers.
(4) Software Licenses, including media.
(5) Mobile Devices.
(6) Firearms.
(7) Communication Equipment (e.g. telephone base and handsets,
mobile radio equipment, etc.).
(8) Conference/Audio-Visual Equipment.
(9) Power/Specialty Tools (e.g. lab equipment, postage meters,
etc.).
(B) Requirements.
The contractor shall submit a DOL Asset Report at time of
delivery for both Accountable Property and Sensitive Items. The DOL
Asset Report shall be delivered electronically to the COR. DOL Asset
Reports shall include Accountable Property and Sensitive Items that
have been delivered. The report shall be formatted as an Office Open
XML Spreadsheet (.XLSX) document, and adhere to following DOL Asset
Report Requirements:
(a) Award/Purchase Number. The award number issued by the
Government.
(b) Date Shipped. The date the item was shipped to the
Government.
(c) Asset Type. The contract Line-Item Description.
(d) Manufacturer. The manufacturer of the item.
(e) Model. The model (name and/or number) of the item.
(f) Serial Number. The serial number of the item.
(g) DOL Asset Number. The number of the barcode applied before
shipping (if barcoding is required by the award).
(h) Government Shipping Street Address. The shipping street
address of where the item was delivered.
(i) Warrantied Item. Indicates whether an item is warrantied (Y
or N).
(j) Warranty Time frame. The start and end date of the warranty
(if applicable).
(k) Cost. Acquisition cost per unit and total cost of purchase.
(End of Clause)
Signing Authority
In accordance with paragraph (a) of 2902.1, FAR subpart 1.601, the
undersigned is authorized to sign and submit this document to the
Office of the Federal Register for publication electronically as an
official document of DOL.
Dated: August 14, 2023.
Carolyn Angus-Hornbuckle,
Acting Assistant Secretary for Administration and Management.
Note: The following appendix will not appear in the Code of
Federal Regulations.
------------------------------------------------------------------------
Current DOLAR provision DOLAR as proposed in this NPRM
------------------------------------------------------------------------
New: 2901.105 Issuance.
New: 2901.105-1 Publication and
code arrangement.
2901.2 Administration.................. Removed.
2901.201-1 Maintenance of FAR.......... Removed.
2901.302 Limitations................... Removed.
2901.4 Deviations from the FAR and Renamed: Deviations from the
DOLAR. DOLAR.
[[Page 60627]]
2901.403 Individual Deviations from the Renumbered and Renamed:
FAR. 2901.401 Individual Deviations
from the DOLAR. Additionally,
proposing to edit language
regarding the process for
requesting individual
deviations to provide clarity.
2901.404 Class deviations.............. Renumbered and Renamed:
2901.402 Class deviations from
the DOLAR Additionally,
proposing to edit language
regarding the process for
requesting class deviations to
provide clarity.
2901.405 Deviations pertaining to Removed.
treaties and executive agreements.
2901.601 General....................... Removed.
New: 2901.602-70 Contract
Clause.
2901.602-3 Ratification of unauthorized Removed.
commitments.
2901.603 Selection, appointment, and Removed.
termination of appointment.
2901.603-1 General..................... Removed.
2901.603-3 Appointment................. Removed.
2901.603-4 Terminations................ Removed.
2901.603-70 Responsibility of other Removed.
government personnel.
2901.603-71 Contracting Officer's Removed.
Technical Representatives (COTR).
2901.603-72 Administrative procurement Removed.
management reviews.
PART 2902--DEFINITIONS OF WORDS AND Renamed: PART 2902--
TERMS. DEFINITIONS.
Subpart 2.1 Definitions................ Renumbered: 2902.1 Definitions.
Subpart 2903.1--Safeguards............. Renamed: Subpart 2903.1
Definitions.
2903.101 Standards of Conduct.......... Renamed: 2903.101 Definitions.
2903.101-1 General..................... Renamed: 2903.101-1
Definitions. Also proposing to
define Agency Ethics Official
and remove instructions to DOL
acquisition personnel on where
to find statutory
prohibitions, which are
contained in internal policy
and procedure.
2903.104 Procurement Integrity......... Removed.
2903.104-3 Definitions................. Removed.
2903.104-5 Disclosure, protection, and Removed.
marking of contractor bid or proposal
information and source selection
information.
2903.104-7 Violations or possible Removed.
violations of standards of conduct.
2903.6 Contracts with Government Removed.
Employees or Organizations Owned or
Controlled by Them.
2903.601 Policy........................ Removed.
2903.602 Exceptions.................... Removed.
New Subpart 2903.7--Authority.
New: 2903.703 Authority.
New: Subpart 2904.7 Contractor
Records Retention.
New: 2904.703 Policy.
New: 2904.703-70 Contract
Clause.
2904.8--Government Contract Files...... Removed.
2904.800-70 Contents of contract files. Removed.
Subpart 2905.1--Dissemination of Removed.
Information.
2905.101 Methods of disseminating Removed.
information.
Subpart 2905.4 Release of Information.. Removed.
2905.402 General Public................ Removed.
2905.403 Requests from Members of Removed.
Congress.
2905.404 Release procedures............ Removed.
Subpart 2905.5--Paid Advertisements.... Removed.
2905.501 Scope......................... Removed.
2905.502 Authority..................... Removed.
2905.503 Procedures.................... Removed.
PART 2906--COMPETITION REQUIREMENTS.... Removed.
Subpart 2906.3 Other Than Full and Open Removed.
Competition.
2906.301 Policy........................ Removed.
2906.303 Justifications................ Removed.
Subpart 2906.5 Competition Advocate.... Removed.
2906.501 Requirement................... Removed.
2907.105 Contents of written Removed.
acquisition plans.
2907.107 Additional requirements for Removed.
acquisitions involving bundling.
New: 2901.101 Consolidation.
New: 2907.108 Additional
Requirements for
Telecommuting.
New: 2907.108-70 Contract
Clauses.
2907.3--Contractor Versus Government Removed.
Performance.
2907.300 Availability of inventory..... Removed.
Subpart 2908.4 Federal Supply Schedules Removed.
2908.404 Using schedules............... Removed.
Subpart 2909.1 Responsible Prospective Removed.
Contractors.
2909.105 Procedures.................... Removed.
New: Subpart 2909.3
Definitions.
New: 2909.301 Definitions.
Subpart 2909.4--Debarment, Suspension, Removed.
and Ineligibility.
2909.402 Policy........................ Removed.
2909.405 Effects of listing............ Removed.
2909.405-1 Continuation of current Removed.
contracts.
[[Page 60628]]
2909.406 Debarment..................... Removed.
2909.406-1 General..................... Removed.
2909.406-3 Procedures.................. Removed.
2909.407 Suspension.................... Removed.
2909.407-1 General..................... Removed.
2909.506 Procedures.................... Removed.
New: 2909.507-70 Contract
Clause.
PART 2910--MARKET RESEARCH............. Removed.
2910.002 Procedures.................... Removed.
New: 2911.002 Policy.
New: 2911.002-1 Contract
Clause.
2911.1--Selecting And Developing Removed.
Requirements Documents.
2911.103 Market acceptance............. Removed.
2911.5--Liquidated Damages............. Removed.
2911.501 Policy........................ Removed.
PART 2912--ACQUISITION OF COMMERCIAL Removed.
ITEMS.
Subpart 2912.3--Solicitation Provisions Removed.
and Contract Clauses for the
Acquisition of Commercial Items.
2912.302 Tailoring of provisions and Removed.
clauses for the acquisition of
commercial items.
PART 2913--SIMPLIFIED ACQUISITION Removed.
PROCEDURES.
Subpart 2913.1--Procedures............. Removed.
2913.106-3 Soliciting competition, Removed.
evaluation of quotations or offers,
award and documentation.
Subpart 2913.2--Actions at or Below the Removed.
Micro-Purchase Threshold.
2913.201 General....................... Removed.
Subpart 2913.3--Simplified Acquisition Removed.
Methods.
2913.301 Governmentwide commercial Removed.
purchase card.
2913.307 Forms......................... Removed.
PART 2914 SEALED BIDDING............... Removed.
Subpart 2914.4--Opening of Bids and Removed.
Award of Contract.
2914.404-1 Cancellation of invitations Removed.
after opening.
2914.407-3 Other mistakes disclosed Removed.
before award.
2914.408 Award......................... Removed.
2914.408-1 General..................... Removed.
Subpart 2915.4 Contract Pricing........ Removed.
2915.405-70 Determining fair and Removed.
reasonable price.
Subpart 2915.5--Preaward, Award, and Removed.
Postaward Notifications, Protests, and
Mistakes.
2915.508 Discovery of mistakes......... Removed.
2915.606 Agency procedures............. Removed.
PART 2916--CONTRACT TYPES.............. Removed.
2916.000 Scope of part................. Removed.
Subpart 2916.5--Indefinite-Delivery Removed.
Contracts.
2916.505 Ordering...................... Removed.
Subpart 2916.6--Time-and-Materials, Removed.
Labor-Hour, and Letter Contracts.
2916.603-2 Application................. Removed.
PART 2917--SPECIAL CONTRACTING METHODS. Removed.
2917.000 Scope of part................. Removed.
Subpart 2917.2--Options................ Removed.
2917.202 Use of options................ Removed.
2917.207 Exercising options............ Removed.
Subpart 2917.5--Interagency Removed.
Acquisitions Under The Economy Act.
2917.500 Scope of subpart.............. Removed.
2917.501 Definitions................... Removed.
2917.502 General....................... Removed.
2917.503 Determinations and findings Removed.
Requirements.
2917.504 Ordering procedures........... Removed.
2917.504-70 Signature authority and Removed.
internal Procedures.
2919.000 Scope of part................. Removed.
2919.202 Specific policies............. Removed.
2919.202-1 Encouraging small business Removed.
participation in acquisitions.
2919.202-2 Locating small business Removed.
sources.
Subpart 2919.5 Set-Asides for Small Removed.
Business.
2919.502 Setting aside acquisitions.... Removed.
2919.505 Rejecting Small Business Removed.
Administration recommendations.
Subpart 2919.7 The Small Business Removed.
Subcontracting Program.
2919.704 Subcontracting plan Removed.
requirements.
2919.705-1 General support for the Removed.
program.
2919.705-5 Awards involving Removed.
subcontracting plans.
2919.705-6 Post-award responsibilities Removed.
of the contracting officer.
2919.706 Responsibilities of the Removed.
cognizant administrative contracting
officer.
Subpart 2919.8 Contracting with the Removed.
Small Business Administration (the
8(a) Program).
[[Page 60629]]
2919.812 Contract administration....... Removed.
PART 2922--APPLICATION OF LABOR LAWS TO Removed.
GOVERNMENT ACQUISITIONS.
Subpart 2922.1 Basic Labor Policies.... Removed.
2922.101-3 Reporting labor disputes.... Removed.
2922.101-4 Removal of items from Removed.
contractor facilities affected by work
stoppages.
2922.103-4 Approvals................... Removed.
Subpart 2922.8 Equal Employment Removed.
Opportunity.
2922.802 General....................... Removed.
PART 2923--ENVIRONMENT, ENERGY AND Removed.
WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND
DRUG-FREE WORKPLACE.
Subpart 2923.2 Energy And Water Removed.
Efficiency and Renewable Energy.
2923.271 Purchase and use of Removed.
environmentally sound and energy New: PART 2924--PROTECTION OF
efficient products and services. PRIVACY AND FREEDOM OF
INFORMATION.
New: 2924-.1 Protection of
Individual Privacy.
New: 2924.103 Procedures.
New: 2924.103-70 Contract
Clause.
New: 2928.106 Administration.
New: 2928.106-6 Furnishing
information.
New: 2928.203 Acceptability of
individual sureties.
2928.204 Alternatives in lieu of Removed.
corporate or individual sureties.
2928.3 Insurance....................... Removed.
2928.305 Overseas workers' compensation Removed.
and war hazard insurance.
PART 29--TAXES......................... Removed.
Subpart 2929.1 General................. Removed.
2929.101 Resolving tax problems........ Removed.
Subpart 2929.3--State and Local Taxes.. Removed.
2929.303 Applications of state and Removed.
local taxes to Government contractors
and subcontractors.
PART 2930--COST ACCOUNTING STANDARDS Removed.
ADMINISTRATION.
Subpart 2930.2 CAS Program Requirements Removed.
2930.201-5 Waiver...................... Removed.
PART 2931--CONTRACT COST PRINCIPLES AND Removed.
PROCEDURES.
Subpart 2931.1 Applicability........... Removed.
2931.101 Objectives.................... Removed.
2932.402 General....................... Removed.
2932.407 Interest...................... Removed.
New: 2932.408 Applicability of
Interest on Advance Payments.
New: Subpart 2932.5 Progress
Payments Based on Costs.
New: 2932.501-2 Unusual
progress payments.
New: 2932.503-6 Suspension or
reduction of payments.
New: 2932.703-70 Contract
clause.
New: Subpart 2932.9 Prompt
Payment.
New: 2932.908 Contract clause.
2933.211 Contracting officer's decision Removed.
2933.213 Obligation to continue Removed.
performance.
2933.270 Department of Labor Board of Removed.
Contract Appeals.
PART 36 CONSTRUCTION AND ARCHITECT-- Removed.
ENGINEER CONTRACTS.
Subpart 2936.2 Special Aspects of Removed.
Contracting for Construction.
2936.201 Evaluation of contractor Removed.
performance.
2936.209 Construction contracts with Removed.
architect--engineer firms.
Subpart 2936.5--Contract Clauses....... Removed.
2936.516 Quality surveys............... Removed.
Subpart 2936.6--Architect-Engineer Removed.
Services.
2936.602 Selection of firms for Removed.
architect-engineer Contracts.
2936.602-1 Selection criteria.......... Removed.
2936.602-2 Evaluation boards........... Removed.
2936.602-3 Evaluation board functions.. Removed.
2936.602-4 Selection Authority......... Removed.
2936.602-5 Short selection processes Removed.
for contracts not to exceed $100,000.
2936.603 Collecting data on and Removed.
appraising firms' Qualifications.
2936.604 Performance evaluation........ Removed.
2937.103 Contracting officer Removed.
responsibility.
2937.103-70 Department of Labor Removed.
checklist to aid analysis and review
of requirements for service contracts.
New: 2937.110 Contract Clause.
Subpart 2937.2 Advisory and Assistance Removed.
Services.
2937.203 Policy........................ Removed.
Subpart 2937.6--Preference for Removed.
Performance-Based Contracting (PBC).
[[Page 60630]]
2937.602 Elements of performance-based Removed.
Contracting.
New: PART 2939--ACQUISITION OF
INFORMATION TECHNOLOGY.
New: Subpart 2939.2--
Information and Communication
Technology.
New: 2939.2-70 Contract Clause.
2942.101 Policy........................ Renamed: 2942.101 Contract
Audit Responsibilities. The
proposed change will change
this into simply a heading and
proposes to eliminate the
internal procedure for the
establishment of billing rates
and indirect cost rates since
it is prescribed in FAR 42.7.
New: 2942.101.70 Contract
Clause.
Subpart 2942.15--Contractor Performance Removed.
Information.
2942.1501 Scope........................ Removed.
2942.1502 Policy....................... Removed.
2942.1503 Procedures................... Removed.
New: Subpart 2942.2 Contract
Administration Services.
New: 2942.201 Contract
administration
responsibilities.
New: 2942.201-70 Contract
Clause.
New: Subpart 2943.1 General.
New: 2943.104 Notification of
contract changes.
New: 2943.104-70 Contract
Clause.
Subpart 2943.2 Change Orders........... Removed.
2943.205 Contract clauses.............. Removed.
Subpart 2943.3 Forms................... Removed.
2943.301 Use of forms.................. Removed.
PART 2944--SUBCONTRACTING POLICIES AND Removed.
PROCEDURES.
Subpart 2944.1 General................. Removed.
2944.101 Waiver........................ Removed.
Subpart 2944.2 Consent To Subcontract.. Removed.
2944.201-1 Consent requirements........ Removed.
2944.202 Contracting officer's Removed.
evaluation.
2944.202-2 Considerations.............. Removed.
2944.203 Consent limitations........... Removed.
Subpart 2944.3 Contractors' Purchasing Removed.
Systems Reviews.
2944.302 Requirements.................. Removed.
2945.104 Review and correction of Renamed: 2945.104
contractors' property control systems. Responsibility and Liability
for Government Property. The
proposed change will transform
this into simply a heading and
proposes to eliminate
procedures for the review of a
contractor's property control
system, because it is
established in internal policy
and procedure.
New: 2945.104-70 Contract
Clause.
2945.105 Records of Government property Renamed: Contractors' property
management system compliance.
The proposed change will
transform this into simply a
heading and proposes to
eliminate internal process
related to Government
furnished Property (GFP) files
maintained by the CO, because
these procedures are located
in internal policy and
procedure.
New: 2945.105-70 Contract
Clause.
Subpart 2945.3 Providing Government Removed.
Property to Contractors.
2945.302 Providing facilities.......... Removed.
Subpart 2945.4 Contractor Use and Removed.
Rental of Government Property.
2945.403 Rental-use and charges clause. Removed.
2952.201-70 Contracting Officer's Renamed: 2952.201-70
Technical Representative (COTR). Contracting Officer's
Representative (COR) Clause
Proposes to update to the most
recent version of this clause
where only paragraph (a) is
proposed to establish issuance
of COR delegation memo upon
contract awards. No change to
paragraphs (b), and (c).
New: 2952.204-70 Records
Management Requirements.
New: 2952.207-70 Contractor
Personnel Telework.
New: 2952.209-70 Organizational
Conflict of Interest Clause--
OCI-1 Exclusion From Future
Agency Contracts.
New: 2952.211-70 Internet
Protocol Version 6 (IPv6)
Clause.
New: 2952.224-70 Privacy Breach
Notification Requirements.
New: 2952.232-70 Limitation of
Government's Obligation
(LoGO).
New: 2952.232-71 Submission of
Invoices.
New: 2952.237-70 Emergency
Continuation of Essential
Services.
New: 2952.239-70 Section 508
Requirements.
New: 2952.242-70 Access to
Contractor Business Systems.
New: 2952.242-71 DOL Mandatory
Training Requirements for
Contractor Employees.
New: 2952.243-70 Contractor's
Obligation to Notify the
Contracting Officer of a
Request to Change the Contract
Scope (Contractor's Obligation
Clause).
New: 2952.245-70 Contractor
Responsibility to Report Theft
of Government Property.
New: 2952.245-71 Asset
Reporting Requirements.
PART 2953--FORMS Removed.
[[Page 60631]]
2953.1 General......................... Removed.
2953.100 Request for Recommendation by Removed.
Procurement Review Board DL 1-490.
2953.101 Simplified Acquisition Removed.
Documentation Checklist DL 1-2216.
2953.102 Quotation for Simplified Removed.
Acquisitions DL 1-2078.
2953.103 Acquisition Screening and Removed.
Review--over $100,000 DL 1-2004.
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[FR Doc. 2023-17739 Filed 9-1-23; 8:45 am]
BILLING CODE 4510-04-P