Defense Federal Acquisition Regulation Supplement: Sustainable Procurement (DFARS Case 2024-D024), 66283-66285 [2024-18108]
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Federal Register / Vol. 89, No. 158 / Thursday, August 15, 2024 / Rules and Regulations
(C) Ensure that apparatus they
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(2) Compliance with this requirement
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[FR Doc. 2024–17479 Filed 8–14–24; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 211, 212, 223, 226, and
252
[Docket DARS–2024–0026]
RIN 0750–AM21
Defense Federal Acquisition
Regulation Supplement: Sustainable
Procurement (DFARS Case 2024–D024)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to align the DFARS with
changes made to the Federal
Acquisition Regulation.
DATES: Effective August 15, 2024.
FOR FURTHER INFORMATION CONTACT:
David Johnson, telephone 202–913–
5764.
SUMMARY:
SUPPLEMENTARY INFORMATION:
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I. Background
This final rule revises the DFARS to
align it with changes made to the
Federal Acquisition Regulation (FAR).
FAR Case 2022–006, published in the
Federal Register on April 22, 2024, at
89 FR 30210, reorganized and updated
FAR part 23. Changes included
consolidation of content into particular
subparts within part 23 and renaming
part 23 along with some of its subparts.
VerDate Sep<11>2014
16:33 Aug 14, 2024
Jkt 262001
FAR Case 2022–006 also moved
nonenvironmental matters, to include
requirements for a drug-free workplace,
from FAR part 23 to part 26.
To align the DFARS with the FAR,
this final rule implements
corresponding changes to the DFARS.
This rule changes the title of DFARS
part 223 to ‘‘Environment, Sustainable
Acquisition, and Material Safety’’ and
the title of subpart 223.3 to ‘‘Hazardous
Material Identification, Material Safety
Data, and Notice of Radioactive
Materials.’’ This rule adds subpart
223.1, Sustainable Products and
Services, and moves the content from
subparts 223.4 and 223.8 to the newly
added subpart 223.1. It moves the
content of subpart 223.5, Drug-Free
Workplace, to newly added subpart
226.5, Drug-Free Workplace.
Consequently, this rule also relocates
the contract clause at DFARS 252.223–
7004, Drug-Free Work Force, to DFARS
252.226–7003, Drug-Free Work Force.
As a result of this reorganization, and
to correspond to changes in the FAR,
this rule renumbers or revises the
headings of certain DFARS paragraphs.
In addition, editorial changes are made
in 252.226–7003, paragraph (a), to
conform with drafting conventions for
definitions.
None of the changes in this rule affect
the DFARS substantively. This rule does
not alter policy or requirements stated
in the DFARS.
The statute that applies to the
publication of the FAR is 41 U.S.C.
1707, Publication of Proposed
Regulations. Subsection (a)(1) of the
statute requires that a procurement
policy, regulation, procedure, or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment because it only renames an
existing DFARS part and existing
subparts, and relocates DFARS subparts
and paragraphs, to align the DFARS
with changes made in the FAR. None of
these changes to the DFARS are
substantive.
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66283
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT), for Commercial
Products (Including Commercially
Available Off-the-Shelf (COTS) Items),
and for Commercial Services
This final rule does not create any
new solicitation provisions or contract
clauses. It merely relocates an existing
clause from DFARS 252.223–7004,
Drug-Free Work Force, to DFARS
252.226–7003, Drug-Free Work Force,
without substantive change. The rule
does not impact the applicability of any
existing solicitation provisions or
contract clauses to contracts valued at or
below the simplified acquisition
threshold, for commercial products
including COTS items, or for
commercial services.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, as amended.
V. Congressional Review Act
As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD
will submit a copy of the interim or
final rule with the form, Submission of
Federal Rules under the Congressional
Review Act, to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule under the
Congressional Review Act cannot take
effect until 60 days after it is published
in the Federal Register. The Office of
Information and Regulatory Affairs has
determined that this rule is not a major
rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
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66284
Federal Register / Vol. 89, No. 158 / Thursday, August 15, 2024 / Rules and Regulations
VII. Paperwork Reduction Act
This final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Subpart 223.1—Sustainable Products
and Services
PART 226—OTHER SOCIOECONOMIC
PROGRAMS
223.107–1
materials.
■
List of Subjects in 48 CFR Parts 211,
212, 223, 226, and 252
Government procurement.
223.107–4 Products that contain, use, or
are manufactured with ozone-depleting
substances or products that contain or use
high global warming potential
hydrofluorocarbons.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 211—DESCRIBING AGENCY
NEEDS
[Amended]
2. Amend section 211.271 by
removing ‘‘subpart 223.8’’ and adding
‘‘223.107–4’’ in its place.
■
Subpart 223.3—Hazardous Material
Identification, Material Safety Data, and
Notice of Radioactive Materials
PART 212—ACQUISITION OF
COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
3. Amend section 212.301 by revising
the heading of paragraph (f)(ix)
introductory text to read as follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial products and commercial
services.
*
*
*
[Redesignated as 223.304]
8. Redesignate section 223.303 as
section 223.304.
223.304
[Amended]
9. Amend newly redesignated section
223.304 by revising the section heading
to read as follows:
■
223.304
*
*
*
*
10. Remove and reserve subpart 223.4,
consisting of section 223.405.
Subpart 223.5
[Removed and Reserved]
11. Remove and reserve subpart 223.5,
consisting of sections 223.570, 223.570–
1, and 223.570–2.
■
Subpart 223.8 [223 Removed]
12. Remove subpart 223.8, consisting
of section 223.802.
■
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Subpart 226.5—Drug-Free Workplace
226.570
Drug-free work force.
226.570–1
Policy.
DoD policy is to ensure that its
contractors maintain a program for
achieving a drug-free work force.
226.570–2
Contract clause.
(a) Use the clause at 252.226–7003,
Drug-Free Work Force, in all
solicitations and contracts—
(1) That involve access to classified
information; or
(2) When the contracting officer
determines that the clause is necessary
for reasons of national security or for the
purpose of protecting the health or
safety of those using or affected by the
product of, or performance of, the
contract.
(b) Do not use the clause in
solicitations and contracts—
(1) For commercial products and
commercial services;
(2) When performance or partial
performance will be outside the United
States and its outlying areas, unless the
contracting officer determines such
inclusion to be in the best interest of the
Government; or
(3) When the value of the acquisition
is at or below the simplified acquisition
threshold.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.223–7001
252.223–7004
■
Subpart 223.1—Sustainable Products and
Services
Sec.
223.107–1 Products containing recovered
materials.
223.107–4 Products that contain, use, or are
manufactured with ozone-depleting
substances or products that contain or
use high global warming potential
hydrofluorocarbons.
Subpart 226.5—Drug-Free Workplace
Sec.
226.570 Drug-free work force.
226.570–1 Policy.
226.570–2 Contract clause.
[Amended]
14. Amend section 252.223–7001 in
the introductory text by removing
‘‘223.303’’ and adding ‘‘223.304’’ in its
place.
Contract clauses.
*
13. Add subpart 226.5 to read as
follows:
■
Subpart 223.4 [Removed and
Reserved]
4. Revise the heading for part 223 to
read as set forth above.
■ 5. Add subpart 223.1 to read as
follows:
■
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*
■
PART 223—ENVIRONMENT,
SUSTAINABLE ACQUISITION, AND
MATERIAL SAFETY
Jkt 262001
223.302 Hazardous material identification
and notice of material safety data.
223.303
*
*
*
*
(f) * * *
(ix) Part 223—Environment,
Sustainable Acquisition, and Material
Safety. * * *
*
*
*
*
*
16:33 Aug 14, 2024
7. Amend section 223.302 by revising
the section heading to read as follows:
■
*
*
VerDate Sep<11>2014
(e) Procedures. Follow the procedures
at PGI 223.107–1(e).
No DoD contract may include a
specification or standard that requires
the use of a class I ozone-depleting
substance or that can be met only
through the use of such a substance
unless the inclusion of the specification
or standard is specifically authorized at
a level no lower than a general or flag
officer or a member of the Senior
Executive Service of the requiring
activity in accordance with section 326,
Public Law 102–484 (10 U.S.C. 3201
note prec.). This restriction is in
addition to any imposed by the Clean
Air Act and applies after June 1, 1993,
to all DoD contracts, regardless of place
of performance.
■ 6. Revise the heading for subpart
223.3 to read as follows:
Therefore, the Defense Acquisition
Regulations System amends 48 CFR
parts 211, 212, 223, 226, and 252 as
follows:
■ 1. The authority citation for 48 CFR
parts 211, 212, 223, 226, and 252
continues to read as follows:
211.271
Products containing recovered
[Removed and Reserved]
15. Remove and reserve section
252.223–7004.
■ 16. Add section 252.226–7003 to read
as follows:
■
252.226–7003
Drug-Free Work Force.
As prescribed in 226.570–2, use the
following clause:
Drug-Free Work Force (Aug 2024)
(a) Definitions. As used in this
clause—
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Federal Register / Vol. 89, No. 158 / Thursday, August 15, 2024 / Rules and Regulations
Employee in a sensitive position
means an employee who has been
granted access to classified information;
or employees in other positions that the
Contractor determines involve national
security, health or safety, or functions
other than the foregoing requiring a high
degree of trust and confidence.
Illegal drugs means controlled
substances included in Schedules I and
II, as defined by section 802(6) of title
21 of the United States Code, the
possession of which is unlawful under
chapter 13 of that title. The term ‘‘illegal
drugs’’ does not mean the use of a
controlled substance pursuant to a valid
prescription or other uses authorized by
law.
(b) The Contractor agrees to institute
and maintain a program for achieving
the objective of a drug-free work force.
While this clause defines criteria for
such a program, contractors are
encouraged to implement alternative
approaches comparable to the criteria in
paragraph (c) that are designed to
achieve the objectives of this clause.
(c) Contractor programs shall include
the following, or appropriate
alternatives:
(1) Employee assistance programs
emphasizing high level direction,
education, counseling, rehabilitation,
and coordination with available
community resources;
(2) Supervisory training to assist in
identifying and addressing illegal drug
use by Contractor employees;
(3) Provision for self-referrals as well
as supervisory referrals to treatment
with maximum respect for individual
confidentiality consistent with safety
and security issues;
(4) Provision for identifying illegal
drug users, including testing on a
controlled and carefully monitored
basis. Employee drug testing programs
shall be established taking account of
the following:
(i) The Contractor shall establish a
program that provides for testing for the
use of illegal drugs by employees in
sensitive positions. The extent of and
criteria for such testing shall be
determined by the Contractor based on
considerations that include the nature of
the work being performed under the
contract, the employee’s duties, the
efficient use of Contractor resources,
and the risks to health, safety, or
national security that could result from
the failure of an employee adequately to
discharge his or her position.
(ii) In addition, the Contractor may
establish a program for employee drug
testing—
(A) When there is a reasonable
suspicion that an employee uses illegal
drugs; or
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16:33 Aug 14, 2024
Jkt 262001
(B) When an employee has been
involved in an accident or unsafe
practice;
(C) As part of or as a follow-up to
counseling or rehabilitation for illegal
drug use;
(D) As part of a voluntary employee
drug testing program.
(iii) The Contractor may establish a
program to test applicants for
employment for illegal drug use.
(iv) For the purpose of administering
this clause, testing for illegal drugs may
be limited to those substances for which
testing is prescribed by section 2.1 of
subpart B of the ‘‘Mandatory Guidelines
for Federal Workplace Drug Testing
Programs’’ (53 FR 11980 (April 11
1988)), issued by the Department of
Health and Human Services.
(d) Contractors shall adopt
appropriate personnel procedures to
deal with employees who are found to
be using drugs illegally. Contractors
shall not allow any employee to remain
on duty or perform in a sensitive
position who is found to use illegal
drugs until such times as the Contractor,
in accordance with procedures
established by the Contractor,
determines that the employee may
perform in such a position.
(e) The provisions of this clause
pertaining to drug testing program shall
not apply to the extent they are
inconsistent with state or local law, or
with an existing collective bargaining
agreement; provided that with respect to
the latter, the Contractor agrees that
those issues that are in conflict will be
a subject of negotiation at the next
collective bargaining session.
(End of clause)
[FR Doc. 2024–18108 Filed 8–14–24; 8:45 am]
BILLING CODE 6001–FR–P
Defense Acquisition Regulations
System
48 CFR Parts 212 and 252
[Docket DARS–2024–0001]
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule; technical
amendment.
AGENCY:
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to make needed
editorial changes.
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Frm 00097
Fmt 4700
Sfmt 4700
Effective August 15, 2024.
DATES:
FOR FURTHER INFORMATION CONTACT:
Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
telephone 703–717–8226.
This final
rule amends the DFARS to make needed
editorial changes to correct mistakes
regarding commercial services in
DFARS 212.207; the mistakes were part
of DFARS Case 2018–D066, Definition
of ‘‘Commercial Item.’’ This final rule
also corrects a typographical error in a
solicitation provision.
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR Parts 212 and
252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, the Defense Acquisition
Regulations System amends 48 CFR part
252 as follows:
■ 1. The authority citation for 48 CFR
part 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
212.207
[Amended]
2. Amend section 212.207—
a. In paragraph (b) introductory text
by removing ‘‘commercial products
and’’; and
■ b. In paragraph (b)(iii)(A) by removing
‘‘paragraph (1)’’ and adding ‘‘paragraph
(2)’’ in its place.
■
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
DEPARTMENT OF DEFENSE
SUMMARY:
66285
3. Amend section 252.215–7010 in
Alternate I—
■ a. By revising the provision date; and
■ b. In paragraph (d)(1) by removing
‘‘237.7002(e)’’ and adding ‘‘234.7002(e)’’
in its place.
The revision reads as follows:
■
252.215–7010 Requirements for Certified
Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data.
*
*
*
*
*
Requirements for Certified Cost or
Pricing Data and Data Other Than
Certified Cost or Pricing Data—
Alternate I (Aug 2024)
*
*
*
*
*
[FR Doc. 2024–18109 Filed 8–14–24; 8:45 am]
BILLING CODE 6001–FR–P
E:\FR\FM\15AUR1.SGM
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Agencies
[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Rules and Regulations]
[Pages 66283-66285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18108]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211, 212, 223, 226, and 252
[Docket DARS-2024-0026]
RIN 0750-AM21
Defense Federal Acquisition Regulation Supplement: Sustainable
Procurement (DFARS Case 2024-D024)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to align the DFARS with
changes made to the Federal Acquisition Regulation.
DATES: Effective August 15, 2024.
FOR FURTHER INFORMATION CONTACT: David Johnson, telephone 202-913-5764.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule revises the DFARS to align it with changes made to
the Federal Acquisition Regulation (FAR). FAR Case 2022-006, published
in the Federal Register on April 22, 2024, at 89 FR 30210, reorganized
and updated FAR part 23. Changes included consolidation of content into
particular subparts within part 23 and renaming part 23 along with some
of its subparts. FAR Case 2022-006 also moved nonenvironmental matters,
to include requirements for a drug-free workplace, from FAR part 23 to
part 26.
To align the DFARS with the FAR, this final rule implements
corresponding changes to the DFARS. This rule changes the title of
DFARS part 223 to ``Environment, Sustainable Acquisition, and Material
Safety'' and the title of subpart 223.3 to ``Hazardous Material
Identification, Material Safety Data, and Notice of Radioactive
Materials.'' This rule adds subpart 223.1, Sustainable Products and
Services, and moves the content from subparts 223.4 and 223.8 to the
newly added subpart 223.1. It moves the content of subpart 223.5, Drug-
Free Workplace, to newly added subpart 226.5, Drug-Free Workplace.
Consequently, this rule also relocates the contract clause at DFARS
252.223-7004, Drug-Free Work Force, to DFARS 252.226-7003, Drug-Free
Work Force.
As a result of this reorganization, and to correspond to changes in
the FAR, this rule renumbers or revises the headings of certain DFARS
paragraphs. In addition, editorial changes are made in 252.226-7003,
paragraph (a), to conform with drafting conventions for definitions.
None of the changes in this rule affect the DFARS substantively.
This rule does not alter policy or requirements stated in the DFARS.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707, Publication of Proposed Regulations. Subsection (a)(1) of the
statute requires that a procurement policy, regulation, procedure, or
form (including an amendment or modification thereof) must be published
for public comment if it relates to the expenditure of appropriated
funds, and has either a significant effect beyond the internal
operating procedures of the agency issuing the policy, regulation,
procedure, or form, or has a significant cost or administrative impact
on contractors or offerors. This final rule is not required to be
published for public comment because it only renames an existing DFARS
part and existing subparts, and relocates DFARS subparts and
paragraphs, to align the DFARS with changes made in the FAR. None of
these changes to the DFARS are substantive.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT), for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), and for Commercial Services
This final rule does not create any new solicitation provisions or
contract clauses. It merely relocates an existing clause from DFARS
252.223-7004, Drug-Free Work Force, to DFARS 252.226-7003, Drug-Free
Work Force, without substantive change. The rule does not impact the
applicability of any existing solicitation provisions or contract
clauses to contracts valued at or below the simplified acquisition
threshold, for commercial products including COTS items, or for
commercial services.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, as amended.
V. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a major rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
[[Page 66284]]
VII. Paperwork Reduction Act
This final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 211, 212, 223, 226, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, the Defense Acquisition Regulations System amends 48 CFR
parts 211, 212, 223, 226, and 252 as follows:
0
1. The authority citation for 48 CFR parts 211, 212, 223, 226, and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
211.271 [Amended]
0
2. Amend section 211.271 by removing ``subpart 223.8'' and adding
``223.107-4'' in its place.
PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
0
3. Amend section 212.301 by revising the heading of paragraph (f)(ix)
introductory text to read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial products and commercial services.
* * * * *
(f) * * *
(ix) Part 223--Environment, Sustainable Acquisition, and Material
Safety. * * *
* * * * *
PART 223--ENVIRONMENT, SUSTAINABLE ACQUISITION, AND MATERIAL SAFETY
0
4. Revise the heading for part 223 to read as set forth above.
0
5. Add subpart 223.1 to read as follows:
Subpart 223.1--Sustainable Products and Services
Sec.
223.107-1 Products containing recovered materials.
223.107-4 Products that contain, use, or are manufactured with
ozone-depleting substances or products that contain or use high
global warming potential hydrofluorocarbons.
Subpart 223.1--Sustainable Products and Services
223.107-1 Products containing recovered materials.
(e) Procedures. Follow the procedures at PGI 223.107-1(e).
223.107-4 Products that contain, use, or are manufactured with ozone-
depleting substances or products that contain or use high global
warming potential hydrofluorocarbons.
No DoD contract may include a specification or standard that
requires the use of a class I ozone-depleting substance or that can be
met only through the use of such a substance unless the inclusion of
the specification or standard is specifically authorized at a level no
lower than a general or flag officer or a member of the Senior
Executive Service of the requiring activity in accordance with section
326, Public Law 102-484 (10 U.S.C. 3201 note prec.). This restriction
is in addition to any imposed by the Clean Air Act and applies after
June 1, 1993, to all DoD contracts, regardless of place of performance.
0
6. Revise the heading for subpart 223.3 to read as follows:
Subpart 223.3--Hazardous Material Identification, Material Safety
Data, and Notice of Radioactive Materials
0
7. Amend section 223.302 by revising the section heading to read as
follows:
223.302 Hazardous material identification and notice of material
safety data.
* * * * *
223.303 [Redesignated as 223.304]
0
8. Redesignate section 223.303 as section 223.304.
223.304 [Amended]
0
9. Amend newly redesignated section 223.304 by revising the section
heading to read as follows:
223.304 Contract clauses.
* * * * *
Subpart 223.4 [Removed and Reserved]
0
10. Remove and reserve subpart 223.4, consisting of section 223.405.
Subpart 223.5 [Removed and Reserved]
0
11. Remove and reserve subpart 223.5, consisting of sections 223.570,
223.570-1, and 223.570-2.
Subpart 223.8 [223 Removed]
0
12. Remove subpart 223.8, consisting of section 223.802.
PART 226--OTHER SOCIOECONOMIC PROGRAMS
0
13. Add subpart 226.5 to read as follows:
Subpart 226.5--Drug-Free Workplace
Sec.
226.570 Drug-free work force.
226.570-1 Policy.
226.570-2 Contract clause.
Subpart 226.5--Drug-Free Workplace
226.570 Drug-free work force.
226.570-1 Policy.
DoD policy is to ensure that its contractors maintain a program for
achieving a drug-free work force.
226.570-2 Contract clause.
(a) Use the clause at 252.226-7003, Drug-Free Work Force, in all
solicitations and contracts--
(1) That involve access to classified information; or
(2) When the contracting officer determines that the clause is
necessary for reasons of national security or for the purpose of
protecting the health or safety of those using or affected by the
product of, or performance of, the contract.
(b) Do not use the clause in solicitations and contracts--
(1) For commercial products and commercial services;
(2) When performance or partial performance will be outside the
United States and its outlying areas, unless the contracting officer
determines such inclusion to be in the best interest of the Government;
or
(3) When the value of the acquisition is at or below the simplified
acquisition threshold.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.223-7001 [Amended]
0
14. Amend section 252.223-7001 in the introductory text by removing
``223.303'' and adding ``223.304'' in its place.
252.223-7004 [Removed and Reserved]
0
15. Remove and reserve section 252.223-7004.
0
16. Add section 252.226-7003 to read as follows:
252.226-7003 Drug-Free Work Force.
As prescribed in 226.570-2, use the following clause:
Drug-Free Work Force (Aug 2024)
(a) Definitions. As used in this clause--
[[Page 66285]]
Employee in a sensitive position means an employee who has been
granted access to classified information; or employees in other
positions that the Contractor determines involve national security,
health or safety, or functions other than the foregoing requiring a
high degree of trust and confidence.
Illegal drugs means controlled substances included in Schedules I
and II, as defined by section 802(6) of title 21 of the United States
Code, the possession of which is unlawful under chapter 13 of that
title. The term ``illegal drugs'' does not mean the use of a controlled
substance pursuant to a valid prescription or other uses authorized by
law.
(b) The Contractor agrees to institute and maintain a program for
achieving the objective of a drug-free work force. While this clause
defines criteria for such a program, contractors are encouraged to
implement alternative approaches comparable to the criteria in
paragraph (c) that are designed to achieve the objectives of this
clause.
(c) Contractor programs shall include the following, or appropriate
alternatives:
(1) Employee assistance programs emphasizing high level direction,
education, counseling, rehabilitation, and coordination with available
community resources;
(2) Supervisory training to assist in identifying and addressing
illegal drug use by Contractor employees;
(3) Provision for self-referrals as well as supervisory referrals
to treatment with maximum respect for individual confidentiality
consistent with safety and security issues;
(4) Provision for identifying illegal drug users, including testing
on a controlled and carefully monitored basis. Employee drug testing
programs shall be established taking account of the following:
(i) The Contractor shall establish a program that provides for
testing for the use of illegal drugs by employees in sensitive
positions. The extent of and criteria for such testing shall be
determined by the Contractor based on considerations that include the
nature of the work being performed under the contract, the employee's
duties, the efficient use of Contractor resources, and the risks to
health, safety, or national security that could result from the failure
of an employee adequately to discharge his or her position.
(ii) In addition, the Contractor may establish a program for
employee drug testing--
(A) When there is a reasonable suspicion that an employee uses
illegal drugs; or
(B) When an employee has been involved in an accident or unsafe
practice;
(C) As part of or as a follow-up to counseling or rehabilitation
for illegal drug use;
(D) As part of a voluntary employee drug testing program.
(iii) The Contractor may establish a program to test applicants for
employment for illegal drug use.
(iv) For the purpose of administering this clause, testing for
illegal drugs may be limited to those substances for which testing is
prescribed by section 2.1 of subpart B of the ``Mandatory Guidelines
for Federal Workplace Drug Testing Programs'' (53 FR 11980 (April 11
1988)), issued by the Department of Health and Human Services.
(d) Contractors shall adopt appropriate personnel procedures to
deal with employees who are found to be using drugs illegally.
Contractors shall not allow any employee to remain on duty or perform
in a sensitive position who is found to use illegal drugs until such
times as the Contractor, in accordance with procedures established by
the Contractor, determines that the employee may perform in such a
position.
(e) The provisions of this clause pertaining to drug testing
program shall not apply to the extent they are inconsistent with state
or local law, or with an existing collective bargaining agreement;
provided that with respect to the latter, the Contractor agrees that
those issues that are in conflict will be a subject of negotiation at
the next collective bargaining session.
(End of clause)
[FR Doc. 2024-18108 Filed 8-14-24; 8:45 am]
BILLING CODE 6001-FR-P