Defense Federal Acquisition Regulation Supplement; Technical Amendments, 66285 [2024-18109]
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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
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(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.
PO 00000
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
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]]>Agencies
[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Rules and Regulations]
[Page 66285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18109]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212 and 252
[Docket DARS-2024-0001]
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to make needed editorial changes.
DATES: Effective August 15, 2024.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense
Acquisition Regulations System, telephone 703-717-8226.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS to make
needed editorial changes to 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.
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:
0
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
212.207 [Amended]
0
2. Amend section 212.207--
0
a. In paragraph (b) introductory text by removing ``commercial products
and''; and
0
b. In paragraph (b)(iii)(A) by removing ``paragraph (1)'' and adding
``paragraph (2)'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 252.215-7010 in Alternate I--
0
a. By revising the provision date; and
0
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
