Rule2024-17141
DOL Acquisition Regulation: Department of Labor Acquisition Regulation System
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2024
Effective
September 16, 2024
Issuing agencies
Labor Department
Abstract
With this final rule, the Department of Labor (DOL) is revising the Department of Labor Acquisition Regulation (DOLAR) to remove provisions from the regulation that were redundant or obsolete. The final rule also codifies the use of certain contractual provisions that DOL has developed and deployed in recent years. Those newly codified contractual 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 notification of changes to the scope of a contract. The final rule also includes revisions intended for greater clarity. Finally, the final rule removes provisions from the prior regulation that were DOL internal operating procedures.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66616-66629]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17141]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
48 CFR Chapter 29
[Docket No. DOL-2023-0007]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: With this final rule, the Department of Labor (DOL) is
revising the Department of Labor Acquisition Regulation (DOLAR) to
remove provisions from the regulation that were redundant or obsolete.
The final rule also codifies the use of certain contractual provisions
that DOL has developed and deployed in recent years. Those newly
codified contractual 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 notification of changes to
the scope of a contract. The final rule also includes revisions
intended for greater clarity. Finally, the final rule removes
provisions from the prior regulation that were DOL internal operating
procedures.
DATES: This final rule is effective September 16, 2024.
FOR FURTHER INFORMATION CONTACT: Carl Campbell, Senior Procurement
Executive, Office of the Assistant Secretary for Administration and
Management, U.S. Department of Labor, 200 Constitution Avenue NW, Room
N-2445, Washington, DC 20210, Telephone: 1-202-693-7246 (voice) (this
is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Discussion
A. Background--The FAR, the OFPP Act, and the DOLAR
The DOLAR is part of the Federal Acquisition Regulations System,
which consists of the Federal Acquisition Regulation (FAR), chapter 1
of title 48 of the CFR, and various agency acquisition regulations that
implement or supplement the FAR. 48 CFR 1.101. The DOLAR is DOL's
acquisition regulation implementing and supplementing the FAR, and
addresses matters specific to DOL's procurement of goods and services.
This rulemaking is issued under the authority of the Office of
Federal Procurement Policy (OFPP) Act and implementing regulations
which authorize the heads of Federal executive agencies to issue agency
acquisition regulations that implement or supplement the FAR. 41 U.S.C.
1707 and FAR 1.301(b), 1.303(b).
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 provisions and clauses applicable to DOL
procurements which need not be, and are not, repeated in the new 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 Regulatory Action
The DOLAR was last revised effective May 27, 2004, 69 FR 22990
(April 27, 2004). The final rule codifies internal departmental
guidance to align with the FAR, removes outdated and duplicative
requirements, streamlines sections, and removes information that
applies only to DOL's internal operating procedures. With this final
rule, DOL adopts a more efficient and straightforward approach to
procurement regulations. The final DOLAR supersedes the prior
regulation in its entirety.
D. Summary of Changes From NPRM to Final Rule
On September 5, 2023, DOL published a notice of proposed rulemaking
(NPRM), including the proposed text of the new DOLAR, in the Federal
Register. 88 FR 60612. After reviewing and considering the comments
received, DOL made no changes to the text of the rule as published in
the NPRM, except to correct some typographical errors. This final rule
is in substance the same as the proposed rule. As DOL explained in the
NPRM, DOL is revising the DOLAR in its entirety to update and
streamline agency procurement regulations consistent with the Federal
Acquisition Reform Act and the Federal Acquisition Streamlining Act.
The DOLAR final rule removes provisions that are redundant or obsolete
and codifies 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. The final rule also makes updates to existing language for
clarity and streamlining purposes. Finally, the final rule removes
provisions in the previous DOLAR that are DOL internal operating
procedures, which need not be published in the CFR for them to take
effect, per 41 U.S.C. 1707 and FAR 1.301(b), 1.303(b). Additionally, as
noted in the NPRM, an appendix included in the NPRM (a table listing
sections in the prior regulation and the corresponding section in the
NPRM) will not appear in the CFR. Accordingly, that appendix has been
removed and does not appear in the final rule.
In the NPRM, DOL explained all the revisions being made to the
DOLAR from the prior regulation. To reiterate, the final rule removes
parts that contain internal DOL policy and operating procedures, as
well as parts that duplicate or adopt the FAR by reference; adds parts
which codify clauses that are currently prescribed for incorporation in
DOL contracts, when appropriate; and renames and renumbers sections to
streamline the DOLAR.
Additionally, this final rule removes the following parts of the
DOLAR because they 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) and 1.303(b)): Parts 2906 (Competition Requirements); 2908
(Required Sources of Supplies and Services); 2922 (Application of Labor
Laws to Government Acquisitions); 2923 (Environment, Energy and Water
Efficiency, Renewable Energy Technologies, Occupational Safety, and
Drug-Free Workplace); 2929 (Taxes); 2931 (Contract Cost Principles and
Procedures); and 2953 (Forms).
Further, this final rule removes the following parts of the DOLAR
because they are duplicative of the FAR, or merely adopt it by
reference: Part 2910
[[Page 66617]]
(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
13.106-3(b) and 13.307; part 2914 (Sealed Bidding) is duplicative of
FAR 14.404-1(c) and (f), 14.407-3(e) and (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), 17.205(a), 17.207(f), and 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, 36.602-1(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 44.201-2 and adopts by reference FAR 44.202-2(a), 44.203, and
44.302(a).
This final rule codifies 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 2952.232-70,
Limitation of Government's Obligation (LoGO); clause 2952.232-71
Submission of Invoices; clause 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 2952.243-70, Contractor's Obligation to Notify the Contracting
Officer of a Request to Change the Contract Scope (Contractor's
Obligation Clause); clause 2952.245-70, Contractor Responsibility to
Report Theft of Government Property; and clause 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 final
rule also adds the following two new parts to the DOLAR for the sole
purpose of prescribing certain of the contractual clauses described
above: parts 2924 (Protection of Privacy and Freedom of Information)
and 2939 (Acquisition of Information Technology).
Finally, nonsubstantive changes have been made to the final
regulatory text to correct numbering and for gender neutrality and
plain language.
E. Public Comments Received on the Proposed Rule
The NPRM invited the public to submit written comments concerning
the proposed rule no later than November 6, 2023. No one requested an
extension of the comment period.
The Department received four comments in response to the NPRM. The
comments received may be viewed by entering docket number DOL-2023-0007
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Of the four comments received, three
were outside the scope of the rulemaking.
The single relevant comment received was supportive of DOL's
approach to updating the DOLAR. The commenter noted that the revised
DOLAR could foster increased competition and improve value for money in
government procurement. The commenter cited elements outlined by the
FAR and, where appropriate, the DOLAR, that are considered, in the
commenter's view, best practices in government procurement. The
commenter did not suggest any changes to the proposed rule.
The Department appreciates the commenter's positive view and
supportive opinion of the proposed rulemaking. DOL does not believe
that any change to the proposed rule was required in response to this
comment and DOL has made no substantive change to the proposed rule in
this final regulation.
II. 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.
III. Final 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 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 rule streamlines DOL's procurement
regulation by removing obsolete provisions, codifying currently in use
clauses, removing provisions that are internal policy or in the FAR,
and making edits that do not have a substantive impact on the
regulation. Therefore, it will not have a significant economic impact
on a substantial number of small entities. As a result, no regulatory
flexibility analysis was required here.
IV. 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.
V. 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 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, it does not have sufficient
federalism implications to
[[Page 66618]]
warrant the preparation of a Federalism Assessment, as set forth in
E.O. 13132.
VI. 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 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 did not prepare a statement under the
Act.
VII. Executive Order 13175 (Indian Tribal Governments)
DOL reviewed the NPRM under the terms of E.O. 13175 and DOL's
Tribal Consultation Policy and concluded that the changes to regulatory
text 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, and 2943
Government contracts, Government procurement.
48 CFR Part 2903
Conflicts of interest, Government contracts, Government
procurement.
48 CFR Part 2904
Government contracts, Government procurement, Reporting and
recordkeeping requirements.
48 CFR Part 2919
Government contracts, Government procurement, Minority businesses,
Small businesses.
48 CFR Part 2924
Administrative practice and procedure, Freedom of information,
Government contracts, Government procurement, Privacy.
48 CFR Part 2928
Bonds, Government contracts, Government procurement, Insurance,
Surety bonds.
48 CFR Part 2933
Administrative practice and procedures, Claims, Government
contracts, Government procurement.
48 CFR Part 2939
Computer technology, Government contracts, Government procurement.
48 CFR Part 2945
Government contracts, Government procurement, Government property,
Government property management.
48 CFR Part 2952
Administrative practice and procedure, Conflict of interests,
Government contracts, Government procurement, Government property,
Individuals with disabilities, internet, Privacy, Reporting and
recordkeeping requirements, Telecommunications, Telework.
0
For the reasons discussed in the preamble, DOL revises 48 CFR chapter
29 to read as follows:
CHAPTER 29--DEPARTMENT OF LABOR
SUBCHAPTER A--GENERAL
PART 2901--DEPARTMENT OF LABOR ACQUISITION REGULATIONS SYSTEM
PART 2902--DEFINITIONS OF WORDS AND TERMS
PART 2903--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
PART 2904--ADMINISTRATIVE AND INFORMATION MATTERS
SUBCHAPTER B--ACQUISITION PLANNING
PART 2905--PUBLICIZING CONTRACT ACTIONS
PART 2906 [RESERVED]
PART 2907--ACQUISITION PLANNING
PART 2908 [RESERVED]
PART 2909--CONTRACTOR QUALIFICATIONS
PART 2910 [RESERVED]
PART 2911--DESCRIBING AGENCY NEEDS
PART 2912 [RESERVED]
SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES
PARTS 2913-2914 [RESERVED]
PART 2915--CONTRACTING BY NEGOTIATION
PARTS 2916-2918 [RESERVED]
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
PART 2919--SMALL BUSINESS PROGRAMS
PARTS 2920-2923 [RESERVED]
PART 2924--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
PARTS 2925-2926 [RESERVED]
SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS
PART 2927 [RESERVED]
PART 2928--BONDS AND INSURANCE
PARTS 2929-2931 [RESERVED]
PART 2932--CONTRACT FINANCING
PART 2933--PROTESTS, DISPUTES, AND APPEALS
SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING
PARTS 2934-2936 [RESERVED]
PART 2937--SERVICE CONTRACTING
PART 2938 [RESERVED]
PART 2939--ACQUISITION OF INFORMATION TECHNOLOGY
PARTS 2940-2941 [RESERVED]
SUBCHAPTER G--CONTRACT MANAGEMENT
PART 2942--CONTRACT ADMINISTRATION AND AUDIT SERVICES
PART 2943--CONTRACT MODIFICATIONS
PART 2944 [RESERVED]
PART 2945--GOVERNMENT PROPERTY
PARTS 2946-2951 [RESERVED]
SUBCHAPTER H--CLAUSE AND FORMS
PART 2952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
PARTS 2953-2999 [RESERVED]
SUBCHAPTER A--GENERAL
PART 2901--DEPARTMENT OF LABOR ACQUISITION REGULATION SYSTEM
Sec.
2901.000 Scope of part.
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 FAR and DOLAR
2901.403 Individual deviations.
2901.404 Class deviations.
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).
2901.000 Scope of part.
This chapter may be referred to as the Department of Labor
Acquisition Regulation or the DOLAR. This part sets forth introductory
information about the
[[Page 66619]]
DOLAR. This part explains the relationship of the DOLAR to the Federal
Acquisition Regulation (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. 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 29 of title 48. The DOLAR is also available
electronically at the Government Printing Office web page, <a href="https://www.ecfr.gov/">https://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 FAR and DOLAR
2901.403 Individual deviations.
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.
2901.404 Class deviations.
(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.
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
their designee.
PART 2902--DEFINITIONS OF WORDS AND TERMS
Subpart 2902.1--Definitions
Sec.
2902.101 Definitions.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2902.1--Definitions
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) 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 their designee. Each Head of Agency
may designate HCA(s) as appropriate to be responsible for managing
Contracting Activities within their 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--Safeguards
Sec.
2903.104 Procurement integrity.
2903.104-1 Definitions.
Subpart 2903.2--Contractor Gratuities to Government Personnel
2903.203 Reporting suspected violations of the Gratuities clause.
2903.204 Treatment of violations.
[[Page 66620]]
Subpart 2903.7--Voiding and Rescinding Contracts
2903.703 Authority.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2903.1--Safeguards
2903.104 Procurement integrity.
2903.104-1 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 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--Voiding and Rescinding Contracts
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 AND INFORMATION MATTERS
Subpart 2904.7--Contractor Records Retention
Sec.
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 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--Synopses of Proposed Contract Actions
Sec.
2905.202 Exceptions.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2905.2--Synopses 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 2906 [RESERVED]
PART 2907--ACQUISITION PLANNING
Subpart 2907.1--Acquisition Plans
Sec.
2907.107-2 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
2907.107-2 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.
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 2908 [RESERVED]
PART 2909--CONTRACTOR QUALIFICATIONS
Subpart 2909.3--First Article Testing and Approval
Sec.
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--First Article Testing and Approval
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
(3) Identification of the provision(s) in FAR subpart 9.5 to be
waived.
2909.507-70 Contract clause.
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 2910 [RESERVED]
PART 2911--DESCRIBING AGENCY NEEDS
Sec.
2911.002 Policy.
2911.002-70 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
2911.002 Policy.
2911.002-70 Contract clause.
In accordance with FAR 11.002(g), 12.202(e), and 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.
[[Page 66621]]
PART 2912 [RESERVED]
SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES
PART 2913-2914 [RESERVED]
PART 2915--CONTRACTING BY NEGOTIATION
Subpart 2915.6--Unsolicited Proposals
Sec.
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 (S&A) within the
OSPE will 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 subpart 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.
PARTS 2916-2918 [RESERVED]
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
PART 2919--SMALL BUSINESS PROGRAMS
Subpart 2919.2--Policies
Sec.
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>, or a successor website.
PARTS 2920-2923 [RESERVED]
PART 2924--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
Subpart 2924.1--Protection of Individual Privacy
Sec.
2924.103 Procedures.
2924.103-70 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2924.1--Protection of Individual Privacy
2924.103 Procedures.
2924.103-70 Contract clause.
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.
PARTS 2925-2926 [RESERVED]
SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS
PART 2927 [RESERVED]
PART 2928--BONDS AND INSURANCE
Subpart 2928.1--Bonds and Other Financial Protections
Sec.
2928.106-6 Furnishing information.
Subpart 2928.2--Sureties and Other Security for Bonds
2928.203 Individual sureties.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2928.1--Bonds and Other Financial Protections
2928.106-6 Furnishing information.
The HCA or designee performs the functions outlined in FAR 28.106-
6(c).
Subpart 2928.2--Sureties and Other Security for Bonds
2928.203 Individual sureties.
Contracting officers must refer evidence of possible criminal or
fraudulent activities by an individual surety to the Office of
Inspector General.
PARTS 2929-2931 [RESERVED]
PART 2932--CONTRACT FINANCING
Subpart 2932.4--Advance Payments for Other Than Commercial Acquisitions
Sec.
2932.408 Application for 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 clauses.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2932.4--Advance Payments for Other Than Commercial
Acquisitions
2932.408 Application for advance payments.
After consulting with the SPE, the HCA may authorize advance
payments without interest pursuant to FAR 32.408.
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.
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.
[[Page 66622]]
Subpart 2932.9--Prompt Payment
2932.908 Contract clauses.
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
Sec.
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.
(c)(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 will 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 the Office of the Solicitor, the
HCA prepares the written finding with the information required by FAR
33.104(b)(1).
(b) 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).
(c) Notice to the GAO. The authority of the HCA under FAR
33.104(g), to report to the GAO the failure to fully implement the GAO
recommendations with respect to a solicitation for a contract or an
award or a proposed award of a contract within 60 days of receiving the
GAO recommendations, is nondelegable. The written notice must be
coordinated with the Office of the Solicitor.
Subpart 2933.2--Disputes and Appeals
2933.203 Applicability.
The authority of the Agency Head for action under FAR subpart 33.2
is delegated to the SPE.
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.
SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING
PARTS 2934-2936 [RESERVED]
PART 2937--SERVICE CONTRACTING
Subpart 2937.1--Service Contracts-General
Sec.
2937.110 Solicitation provisions and contract clauses.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2937.1--Service Contracts-General
2937.110 Solicitation provisions and contract clauses.
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.
PART 2938 [RESERVED]
PART 2939--ACQUISITION OF INFORMATION TECHNOLOGY
Subpart 2939.2--Information and Communication Technology
Sec.
2939.270 Contract clause.
Authority: 29 U.S.C. 794; 36 CFR 1194.1.
Subpart 2939.2--Information and Communication Technology
2939.270 Contract clause.
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.
PARTS 2940-2941 [RESERVED]
SUBCHAPTER G--CONTRACT MANAGEMENT
PART 2942--CONTRACT ADMINISTRATION AND AUDIT SERVICES
Subpart 2942.1--Contract Audit Services
Sec.
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.
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.
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
Sec.
2943.104 Notification of contract changes.
2943.104-70 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
[[Page 66623]]
Subpart 2943.1--General
2943.104 Notification of contract changes.
2943.104-70 Contract clause.
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 2944 [RESERVED]
PART 2945--GOVERNMENT PROPERTY
Subpart 2945.1--General
Sec.
2945.104 Responsibility and liability for Government property.
2945.104-70 Contract clause.
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.
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.
2945.105 Contractors' property management system compliance.
2945.105-70 Contract clause.
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.
PARTS 2946-2951 [RESERVED]
SUBCHAPTER H--CLAUSE AND FORMS
PART 2952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 2952.2--Text of Provisions and Clauses
Sec.
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:
Contracting Officer's Representative (COR) Clause (SEP 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.
As prescribed in 2904.703-70, insert the following clause:
Records Management Requirements (AUG 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,
the contractor must report the event 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 part 1230.
(e) The contractor shall immediately notify the appropriate
contracting officer upon
[[Page 66624]]
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 (d) of this clause.
(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 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 (OCT 2021)
The Government shall not provide or reimburse contractor
personnel for internet connectivity.
(End of Clause)
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 (DEC 2012)
This clause supplements the FAR provisions on organizational
conflicts of interest, located at FAR subpart 9.5 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) 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
[[Page 66625]]
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 2911.002-70, 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 (APR 2018)
A. Definitions
``Breach'' is defined as the loss of control, compromise,
unauthorized disclosure, unauthorized acquisition, or any similar
occurrence where--
(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 that 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, 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 who 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 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:
[[Page 66626]]
Limitation of Government's Obligation (LoGO) (JUL 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 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 (JUL 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 2932.908, insert the following clause:
Submission of Invoices (AUG 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 the 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 features.
(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#e3aca0a5ac8a8d958c8a80868a8d92968a918a8690a3878c8fcd848c95"><span class="__cf_email__" data-cfemail="c58a86838aacabb3aaaca6a0acabb4b0acb7aca0b685a1aaa9eba2aab3">[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#e8a7abaea781869e87818b8d8186999d819a818d9ba88c8784c68f879e"><span class="__cf_email__" data-cfemail="d699959099bfb8a0b9bfb5b3bfb8a7a3bfa4bfb3a596b2b9baf8b1b9a0">[email protected]</span></a>.
[[Page 66627]]
(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 (MAR 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
with 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 1 and 30 days; and
(2) A contingency plan to continue performance off-site for more
than 30 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 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 2939.270, insert the following clause:
Section 508 Requirements (AUG 2024)
A. Definition
The term ``Information and Communication Technology (ICT)'' in
this contract is used as defined at FAR 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 departments.
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 part 1194, appendices A and 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 part 1194, appendices A and 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 part 1194, appendices A and 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
part 1194, appendices A and 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) to be considered for each option year exercised.
(4) Contractor Processes: The contractor shall ensure that its
processes are at a maturity level at least equivalent to the DHS
Trusted Tester methodology; that its personnel have the knowledge,
skills, and ability necessary to make ICT under this contract
conform to the Revised 508 Standards (36 CFR part 1194, appendices A
and 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
part 1194, appendices A and 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 part
1194, appendices A and 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.
[[Page 66628]]
(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 part
1194, appendices A and C) using a defined testing process. The
contractor shall describe the 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 part 1194, appendices A and 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 part 1194, appendices
A and 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 part 1194,
appendices A and 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 part 1194,
appendices A and C).
(End of Clause)
2952.242-70 Access to Contractor Business Systems.
As prescribed in 2942.101, insert the following clause:
Access to Contractor Business Systems (APR 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 2942.101-70, insert the following clause:
DOL Mandatory Training Requirements for Contractor Employees (AUG 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) (JAN
2012)
(a) Except for changes identified in writing and signed by the
contracting officer, the contractor is required to notify, within 5
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 (FEB
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 (JUL 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.''
[[Page 66629]]
(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'' are 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)
PARTS 2953-2999 [RESERVED]
Signed this 30 day of July, 2024.
Carolyn Angus-Hornbuckle,
Assistant Secretary for Administration and Management.
[FR Doc. 2024-17141 Filed 8-15-24; 8:45 am]
BILLING CODE 4510-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 16, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.