Proposed Rule2023-17739
DOL Acquisition Regulation: Department of Labor Acquisition Regulation System
Primary source
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Published
September 5, 2023
Issuing agencies
Labor Department
Abstract
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, 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revision will also remove provisions in the current DOLAR that are DOL internal operating procedures, which need not be published in the Code of Federal Regulations in order for them to take effect.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.
Full Text
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17739]
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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.
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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 <a href="http://www.Regulations.gov">www.Regulations.gov</a>.
Follow the website instructions for submitting comments. The electronic
Federal Docket Management System at www.<a href="http://regulations.gov">regulations.gov</a> will accept
electronic comments until 11:59 p.m. Eastern Time on the comment due
date. Comments received will be available at <a href="http://regulations.gov">regulations.gov</a> 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.<a href="http://regulations.gov">regulations.gov</a>. 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.<a href="http://regulations.gov">regulations.gov</a> 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.<a href="http://regulations.gov">regulations.gov</a>. 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.
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Current DOLAR provision Proposed renaming/renumbering/edits
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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).
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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, <a href="http://www.ecfr.gov/">http://www.ecfr.gov/</a>. 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 <a href="https://www.dol.gov/agencies/oasam/centers-offices/office-of-the-senior-procurement-executive/office-of-small-and-disadvantaged-business-utilization">https://www.dol.gov/agencies/oasam/centers-offices/office-of-the-senior-procurement-executive/office-of-small-and-disadvantaged-business-utilization</a>.
[[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, <a href="https://www.ipp.gov">https://www.ipp.gov</a>.
(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
<a href="/cdn-cgi/l/email-protection#5e111d181137302831373d3b37302f2b372c373b2d1e3a313270393128"><span class="__cf_email__" data-cfemail="4b04080d0422253d2422282e22253a3e2239222e380b2f2427652c243d">[email protected]</span></a>. 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
<a href="/cdn-cgi/l/email-protection#602f23262f090e160f090305090e1115091209051320040f0c4e070f16"><span class="__cf_email__" data-cfemail="d59a96939abcbba3babcb6b0bcbba4a0bca7bcb0a695b1bab9fbb2baa3">[email protected]</span></a>.
(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.
------------------------------------------------------------------------
[FR Doc. 2023-17739 Filed 9-1-23; 8:45 am]
BILLING CODE 4510-04-P
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