Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 46335 

List of Subjects in 48 CFR Parts 4 and 

52 

Government procurement. 

Dated: July 30, 2007. 

Al Matera, 

Acting Director, Contract Policy Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 4 and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 4 and 52 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 4—ADMINISTRATIVE MATTERS 

■ 2. Revise subpart 4.13 to read as 

follows: 

Subpart 4.13—Personal Identity Verification 

Sec. 

4.1300 Scope of subpart. 

4.1301 Policy. 

4.1302 Acquisition of approved products 

and services for personal identity 

verification. 

4.1303 Contract clause. 

Subpart 4.13—Personal Identity 

Verification 

4.1300 Scope of subpart. 

This subpart provides policy and 

procedures associated with Personal 

Identity Verification as required by—

(a) Federal Information Processing 

Standards Publication (FIPS PUB) 

Number 201, ‘‘Personal Identity 

Verification of Federal Employees and 

Contractors’’; and 

(b) Office of Management and Budget 

(OMB) Guidance M–05–24, dated 

August 5, 2005, ‘‘Implementation of 

Homeland Security Presidential 

Directive (HSPD) 12—Policy for a 

Common Identification Standard for 

Federal Employees and Contractors.’’

4.1301 Policy. 

(a) Agencies must follow FIPS PUB 

Number 201 and the associated OMB 

implementation guidance for personal 

identity verification for all affected 

contractor and subcontractor personnel 

when contract performance requires 

contractors to have routine physical 

access to a Federally-controlled facility 

and/or routine access to a Federallycontrolled information system. 

(b) Agencies must include their 

implementation of FIPS PUB 201 and 

OMB Guidance M–05–24 in 

solicitations and contracts that require 

the contractor to have routine physical 

access to a Federally-controlled facility 

and/or routine access to a Federallycontrolled information system. 

(c) Agencies must designate an official 

responsible for verifying contractor 

employee personal identity. 

4.1302 Acquisition of approved products 

and services for personal identity 

verification. 

(a) In order to comply with FIPS PUB 

201, agencies must purchase only 

approved personal identity verification 

products and services. 

(b) Agencies may acquire the 

approved products and services from 

the GSA, Federal Supply Schedule 70, 

Special Item Number (SIN) 132–62, 

HSPD–12 Product and Service 

Components, in accordance with 

ordering procedures outlined in FAR 

Subpart 8.4. 

(c) When acquiring personal identity 

verification products and services not 

using the process in paragraph (b) of 

this section, agencies must ensure that 

the applicable products and services are 

approved as compliant with FIPS PUB 

201 including—

(1) Certifying the products and 

services procured meet all applicable 

Federal standards and requirements; 

(2) Ensuring interoperability and 

conformance to applicable Federal 

standards for the lifecycle of the 

components; and 

(3) Maintaining a written plan for 

ensuring ongoing conformance to 

applicable Federal standards for the 

lifecycle of the components. 

(d) For more information on personal 

identity verification products and 

services see http:// 

www.idmanagement.gov. 

4.1303 Contract clause. 

The contracting officer shall insert the 

clause at 52.204–9, Personal Identity 

Verification of Contractor Personnel, in 

solicitations and contracts when 

contract performance requires 

contractors to have routine physical 

access to a Federally-controlled facility 

and/or routine access to a Federallycontrolled information system. The 

clause shall not be used when 

contractors require only intermittent 

access to Federally-controlled facilities. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 3. Amend section 52.204–9 by—

■ a. Removing from the introductory 

text of the clause ‘‘4.1301’’ and adding 

‘‘4.1303’’ in its place; 

■ b. Revising the date of clause to read 

‘‘(SEP 2007)’’; and 

■ c. Removing from paragraph (a) ‘‘as 

amended,’’ and ‘‘,as amended’’. 

[FR Doc. 07–3795 Filed 8–16–07; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 12, 22 and 52 

[FAC 2005–19; FAR Case 2005–012; Item 

V; Docket 2006–0020; Sequence 1] 

RIN 9000–AK31 

Federal Acquisition Regulation; FAR 

Case 2005–012, Combating Trafficking 

in Persons (Revised Interim Rule) 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed on an interim 

rule amending the Federal Acquisition 

Regulation (FAR) to implement 22 

U.S.C. 7104(g). This statute requires that 

contracts must include a provision that 

authorizes the department or agency to 

terminate the contract, if the contractor 

or any subcontractor engages in 

trafficking in persons. This interim rule 

contains a clause to be used in all 

contracts. 

DATES: Effective Date: August 17, 2007. 

Comment Date: Interested parties 

should submit written comments to the 

FAR Secretariat on or before October 16, 

2007 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAC 2005–19, FAR case 

2005–012, by any of the following 

methods: 

• Federal eRulemaking Portal:http:// 

www.regulations.gov. Search for any 

document by first selecting the proper 

document types and selecting ‘‘Federal 

Acquisition Regulation’’ as the agency 

of choice. At the ‘‘Keyword’’ prompt, 

type in the FAR case number (for 

example, FAR Case 2006–001) and click 

on the ‘‘Submit’’ button. Please include 

your name and company name (if any) 

inside the document. 

You may also search for any 

document by clicking on the ‘‘Advanced 

search/document search’’ tab at the top 

of the screen, selecting from the agency 

field ‘‘Federal Acquisition Regulation’’, 

and typing the FAR case number in the 

keyword field. Select the ‘‘Submit’’

button. 

• Fax: 202–501–4067. 


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46336 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAC 2005–19, FAR case 

2005–012, in all correspondence related 

to this case. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775 for clarification of 

content. Please cite FAC 2005–19, FAR 

case 2005–012. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Trafficking Victims Protection 

Reauthorization Act of 2003, as 

amended by the Trafficking Victims 

Protection Reauthorization Act of 2005, 

addresses the victimization of countless 

men, women, and children in the 

United States and abroad. In order to 

implement the law, DoD, GSA, and 

NASA published an interim rule in the 

Federal Register at 71 FR 20301, April 

19, 2006 with request for comments by 

June 19, 2006. The interim rule 

implemented 22 U.S.C. 7104(g) by 

adding FAR Subpart 22.17 with an 

associated clause at 52.222–50 which 

address combating trafficking in 

persons. The interim rule applied to all 

contracts for services, other than 

commercial service contracts under FAR 

Part 12. The interim rule prohibited the 

contractor and contractor employees 

from engaging in or supporting severe 

forms of trafficking in persons, 

procurement of commercial sex acts, or 

use of forced labor during the 

performance of the contract. 

The Councils have determined to 

issue a revised interim rule with request 

for comments. Changes implemented in 

this revised interim rule, which are 

being made as a result of the public 

comments and further discussions by 

the Councils, are summarized as 

follows: 

Applicability of the rule. In revising 

the interim rule, the Councils noted that 

the statutory language at 22 U.S.C. 

7104(g) contained no exceptions or 

limitations with regard to its application 

to Federal contracts. Therefore, while 

the interim rule only applied to 

contracts for services (other than 

commercial), this revised interim rule 

applies to all contracts, including 

contracts for supplies, and all contracts 

for commercial items as defined at 

2.101. Although the Federal Acquisition 

Streamlining Act (FASA) governs and 

limits the applicability of laws to 

commercial items, it also provides that 

if a provision of law contains criminal 

or civil penalties, or if the Federal 

Acquisition Regulatory Council 

determines that it is not in the best 

interest of the Federal Government to 

exempt commercial item contracts, then 

the provision of law will apply to 

contracts for commercial items. 

Section 112 of the Trafficking Victims 

Protection Act of 2000 amended 18 

U.S.C. Part 1 to provide for civil and 

criminal penalties for severe forms of 

trafficking in persons and use of forced 

labor. Therefore, consistent with FASA, 

the Councils have determined that the 

statutory requirements prohibiting such 

activities apply to contracts for 

commercial items. 

Prohibited Activities. To accurately 

reflect the statutory language, the 

revised interim rule provides for 

contract termination for engaging in 

severe forms of trafficking in persons or 

procurement of a commercial sex act 

during the period of performance of the 

contract, and provides for contract 

termination for use of forced labor in the 

performance of the contract. 

Employee Notification. The 

requirements for the contractor to 

establish policies and procedures and 

develop an awareness program have 

been replaced with the requirement to 

notify employees of the U.S. policy and 

actions that will be taken against them 

for violations. Additionally, the 

requirement to obtain written agreement 

from employees has been deleted. 

Disposition of Comments received on 

the interim rule. 

The Council received six responses 

with multiple comments on the interim 

rule (available at http:// 

www.regulations.gov). The responses 

were from Government personnel and 

industry and are grouped into six 

categories. A summary of the comments 

and their respective dispositions are as 

follows: 

Applicability of the Rule 

Five comments were received 

concerning the rule’s applicability: 

Comment: One respondent questioned 

the rule’s applicability to 

noncommercial purchases below the 

micro–purchase threshold. 

Response: Because micro–purchases 

do not require provisions or clauses, 

except as provided at 4.1104 and 

32.1110, the rule will not apply to 

noncommercial purchases below the 

micro–purchase threshold. 

Comment: One respondent suggested 

that the clause at 52.213–4, Terms and 

Conditions – Simplified Acquisitions 

(Other Than Commercial Items), be 

amended to include the new 52.222–50, 

Combating Trafficking in Persons. 

Response: The Councils concur with 

the respondent’s suggestion. The clause 

has been listed at 52.213–4(b)(vii), and 

provides for application to all contracts. 

Comment: One respondent questioned 

the rule’s applicability to all service 

contracts. 

Response: The revised interim rule 

applies to all contracts, including all 

service contracts. 

Comment: One respondent indicated 

that the Trafficking Victims Protection 

Reauthorization Act of 2003, the 

Trafficking Victims Protection 

Reauthorization Act of 2005, and 22 

U.S.C. 7104 all state that the provisions 

apply to grants, contracts, and 

cooperative agreements to carry out 

activities abroad; and that the public 

laws and U.S. Code state that these 

provisions apply only to activities 

funded by budget category 150 

regarding international affairs. 

Response: The Trafficking Victims 

Protection Reauthorization Act of 2005 

amended 22 U.S.C. 7104(g) to remove 

the language speaking to budget 

category 150 funds and activities 

performed abroad. Therefore, the 

statutory language is no longer limited 

by type of funds or location of 

performance. 

Comment: One respondent strongly 

supported the exclusion for acquisitions 

of commercial services under FAR Part 

12. 

Response: Although the interim rule 

did not apply to commercial services, 

this revised interim rule applies to all 

contracts, including contracts for 

commercial items. The language in the 

statute does not indicate exceptions to 

the termination authority for engaging 

in the prohibited activities. The 

Councils note the criminal and civil 

penalties in Title 18 that apply to severe 

forms of trafficking in persons and the 

use of forced labor, and FASA does not 

provide an exception for commercial 

items in such a case. 

Statutory Requirements 

Several comments were received 

suggesting that the rule exceeds the 

statutory requirements of the Act and 

that the rule was overly broad and 

burdensome. 

Comment: One respondent suggested 

that the rule goes beyond the statutory 

requirements and is overly broad and 

burdensome. In questioning the 


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statutory requirements, the respondent 

questioned why FAR Part 12 services 

are exempt. 

Response: The Councils have made 

various revisions to the rule as a result 

of comments on the breadth of the rule 

and specific requirements of the rule. 

Such revisions include deletion of the 

requirement in the clause to obtain 

written agreement from the employee, 

deletion of the requirement in FAR Part 

22 to monitor employees, replacement 

of the awareness program with a 

notification requirement to employees, 

and deletion of the requirement to 

identify all related U.S. and host 

country laws and regulations. The 

Councils have addressed the rule’s 

application to FAR Part 12 services in 

the response provided above concerning 

the applicability of the rule. 

Comment: One respondent suggested 

eliminating the condition of 

‘‘supporting’’ or ‘‘promoting’’

trafficking, noting that the restriction 

does not appear in the statute and may 

interfere with scholarly social and 

behavioral research on such topics as 

the incidence or prevalence of sexually 

transmitted diseases among prostitutes. 

Response: The Councils note the 

respondent’s concerns as they relate to 

behavioral and scholarly research. The 

terms ‘‘supporting or promoting’’ have 

not been included in the revised interim 

rule. The revised interim rule reflects 

the terms used in the statute. 

Comment: One respondent suggested 

revising the policy requirement at 

22.1703(b) to prohibit engaging in the 

prescribed activities rather than 

expecting the institution to proactively 

combat trafficking. 

Response: The policy in 22.1703(b) 

has been revised to reflect the 

requirements in the clause at 52.222–

50(c). The revised interim rule requires 

that contractors notify employees of the 

U.S. policy and the actions that may be 

taken against them for violating the 

policy. 

Comment: One respondent suggested 

that any and all references to contractor 

requirements and violations and the 

Government’s remedies should clearly 

relate to the specific award. The 

problem is exacerbated by the current 

definition of employee which implies a 

broader application than the specific 

contract. 

Response: The rule has been revised 

to align with the statutory language. The 

revised interim rule provides that 

requirements and remedies associated 

with engaging in severe forms of 

trafficking in persons and the 

procurement of commercial sex acts 

apply during the period of performance 

of the contract. The revised interim rule 

provides that requirements and 

remedies associated with the use of 

forced labor apply in the performance of 

the contract. In regard to the definition 

of employee, the Councils note the 

respondent’s concerns and have 

amended the definition to mean ‘‘an 

employee of the contractor directly 

engaged in performance of work under 

the contract who has other than a 

minimal impact or involvement in 

contract performance.’’

Comment: One respondent suggested 

adding the phrase ‘‘in the performance 

of this contract’’ at FAR 22.1703(b) and 

(c), and at FAR 52.222–50, at the 

prohibition on forced labor. 

Response: The rule has been revised 

to reflect the statutory language 

prohibiting the use of forced labor in the 

performance of the contract. 

Comment: One respondent suggested 

that FAR 22.1703(a)(2) and (a)(3) are not 

necessary in the rule as they are already 

included in the definition of ‘‘severe 

forms of trafficking in persons’’ in FAR 

22.1702. 

Response: The Councils believe the 

separate references are necessary in that 

the rule reflects the statutory 

prohibitions, which are listed separately 

at 22 U.S.C. 7104(g). Furthermore, the 

Councils note that the prohibited 

behavior in 22.1703(a)(2) and (a)(3) are 

not included in the definition of ‘‘severe 

forms of trafficking in persons.’’ For 

example, the procurement of a 

commercial sex act (prohibited by 

22.1703(a)(2)) for which the commercial 

sex act is not induced by force, fraud, 

or coercion, is not included within the 

definition of severe forms of trafficking 

in persons. 

Comment: One respondent was 

concerned that certain types of sex acts 

are legal in several jurisdictions of the 

U.S. and in some foreign countries and 

urge that careful attention be given to 

how the remedies in this rule intersect 

with otherwise lawful conduct. 

Response: The Trafficking Victims 

Protection Reauthorization Act of 2005 

speaks to both ‘‘unlawful commercial 

sex acts’’ and ‘‘commercial sex acts.’’

The section of the Act implemented by 

this rule, 22 U.S.C. 7104(g), speaks to 

‘‘commercial sex acts,’’ and is not 

qualified by the words ‘‘illegal’’ or 

‘‘unlawful.’’ Furthermore, the National 

Security Presidential Directive (NSPD) 

22, which espouses the United States 

‘‘zero tolerance policy’’ regarding 

trafficking in persons, states that ‘‘the 

United States Government opposes 

prostitution and related activities, 

including pimping, pandering, or 

maintaining brothels, as contributing to 

the phenomenon of trafficking in 

persons.’’ The Councils believe that 

Congress’ intent is to reduce the 

demand for commercial sex acts, both 

lawful and unlawful, as such activities 

have contributed to the worldwide 

problem of trafficking in persons. 

Commercial sex venues are one of the 

prime areas in which trafficking victims 

are exploited, and customers are very 

often unable to tell the difference 

between an individual who has been 

trafficked and one who has not. Thus, 

Congress has made reducing the 

demand for commercial sex acts–both 

lawful and unlawful–a key component 

in the fight against human trafficking, 

not only in the statutory provision at 

issue here, but also in other provisions 

of the Trafficking Victims Protection Act 

(for example, 22 U.S.C. § 7106(b)(3) lists 

‘‘measures to reduce the demand for 

commercial sex acts’’ as an indicator of 

a serious and sustained effort to 

eliminate trafficking; 22 U.S.C. § 7110(g) 

prohibits any U.S. anti–trafficking funds 

from going to an organization that 

‘‘promotes, supports, or advocates the 

legalization or practice of 

prostitution.’’). Application of this 

aspect of the Trafficking Victims 

Protection Act to commercial items 

corresponds to the Government’s zero 

tolerance policy. Therefore, neither the 

interim nor the revised interim rule 

differentiates between lawful and 

unlawful commercial sex acts. 

Definitions in the Rule 

Four comments were received 

concerning the definitions in the rule: 

Comment: One respondent suggested 

that the definition of employee be 

revised to limit it only to the person’s 

activities performing work under the 

award. 

Response: The Councils believe that 

limiting the definition of employee in 

this manner would inadequately 

implement the statute since employee 

violations are more likely to occur after 

working hours. Furthermore, contractor 

employees are often perceived as 

representing the Government, and their 

actions reflect upon the Government’s 

integrity and ethics. Therefore, to ensure 

that U.S. Government contracts do not 

contribute to trafficking in persons, the 

rule requires the contractor to notify its 

employees (as defined in the clause) of 

the U.S. zero tolerance policy, and take 

action against those employees who 

violate the U.S. policy. 

Comment: One respondent suggested 

revising the definition of commercial 

sex act to add ‘‘in a manner that violates 

any applicable state or Federal law.’’

Response: The rule reflects the 

definition of commercial sex act at 22 

U.S.C. 7102. As previously stated in the 

response to a comment concerning the 


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statutory requirements of the rule, 22 

U.S.C. 7104(g) does not provide for 

limiting application of the rule to only 

unlawful commercial sex acts. 

Comment: One respondent 

recommended revising ‘‘direct cost’’ to 

‘‘direct charge’’ or alternatively delete 

the phrase ‘‘including all direct cost 

employees,’’ in the definition of 

employee at FAR 22.1702 and 52.222–

50(b). 

Response: The Councils concur with 

the respondent’s alternative 

recommendation and have revised the 

definition of employee by deleting the 

phrase ‘‘including all direct cost 

employees.’’

Comment: One respondent was 

concerned that Section 22.1702 does not 

include a definition of ‘‘individual’’

although the term is defined in the 

clause at 52.222–50(a). The respondent 

recommends adding this as a defined 

term at the appropriate place. 

Response: Revisions to the interim 

rule have eliminated the need to use the 

term ‘‘individual.’’ Therefore, the 

definition has been removed from the 

clause. 

Awareness Program 

Several respondents raised concerns 

that the rule’s requirements for an 

awareness program, certification of 

contractor’s employees and for the 

contractor to identify, interpret, analyze, 

and explain every host country law and 

regulation in which it may do business 

exceed the statutory requirements of 22 

U.S.C. 7104(g). 

Comment: One respondent questioned 

what constitutes a suitable awareness 

program, and recommended that the 

FAR establish program guidelines to 

meet the ‘‘suitable’’ definition. 

Response: The Councils have replaced 

the requirement for an awareness 

program with a requirement to notify 

employees of the Government policy 

and actions that may be taken in 

response to violations. 

Comment: One respondent was 

concerned that the requirements at FAR 

22.17 and 52.222–50 to develop a 

policy, communicate the policy to 

employees, require certification of 

compliance from employees, and 

monitor and report violations to the 

Federal Government exceed the 

statutory requirements of 22 U.S.C. 

7104(g). 

Response: The Councils have replaced 

the requirement for the contractor to 

develop a policy and an awareness 

program with a requirement to notify 

employees of the Government’s policy 

and actions that may be taken in 

response to violations. Although the 

interim rule did not require 

‘‘certification of compliance from 

employees,’’ as stated by the 

respondent, it did require the contractor 

to obtain the employee’s written 

agreement. Based on the respondent’s 

comment and further discussion, the 

Councils determined that this 

requirement is overly burdensome and 

have therefore deleted the language 

from paragraph (c) of the clause. 

Additionally, the Councils recognize the 

respondent’s concerns related to 

monitoring employees and also noted 

that the requirement to monitor was 

stated in 22.1703(c), but not in the 

clause. Therefore, the requirement for 

monitoring that was included at 

22.1703(c) has been removed from the 

revised interim rule. 

Comment: One respondent 

recommended that the rule and clause 

be revised to simply prohibit the 

awardee and any sub–awardee and their 

respective employees from engaging in 

severe forms of trafficking in persons, 

procuring commercial sex acts, or using 

forced labor in the performance of the 

award. 

Response: The Councils have made 

revisions to the rule as a result of this 

and other comments on the breadth of 

the rule and specific requirements. The 

revised interim rule prohibits engaging 

in severe forms of trafficking in persons 

and procurement of commercial sex acts 

during the performance period of the 

contract, and prohibits the use of forced 

labor in the performance of the contract. 

However, the Councils do not believe it 

is sufficient to simply state the 

prohibited behavior in the clause. As 

such, the revised interim rule replaces 

the requirement for an awareness 

program with a notification requirement 

to employees of the U.S. policy and 

actions that may be taken against 

employees for violating the U.S. policy. 

Comment: One respondent was 

concerned that FAR 52.222–

50(c)(2)(iii)(A) and (B) place an 

unrealistic burden on the contractor to 

correctly identify and actually obtain 

copies of every host country law and 

regulation in which it may do business 

and then interpret, analyze, and explain 

any and every such law or regulation. 

Response: The Councils have 

considered this concern and deleted the 

requirement for the contractor to 

identify and inform employees of all 

host country laws and regulations, and 

all U.S. laws and regulations which may 

apply to its employees in the host 

country. The contractor is required to 

notify employees of the U.S. policy and 

the actions that may be taken against 

them for violation of the policy. The 

Councils have added an Alternate I to 

the clause for use in contracts 

performed outside the U.S. when the 

contracting officer has been advised of 

specific directives or notices regarding 

combating trafficking in persons (such 

as lists of off–limits establishments) that 

are applicable to contractor employees 

performing at the contract place of 

performance. 

Comment: One respondent suggested 

that if the awareness program continues 

to include applicable international laws, 

the Government should compile and 

provide the list of laws to the contractor. 

Presumably the U.S. Government will 

compile such information to inform and 

provide direction to U.S. Government 

employees working outside the U.S. 

Response: In response to comments 

and concerns received about the burden 

involved in identifying host country 

laws and regulations, the Councils have 

deleted the requirement. The Councils 

have added an Alternate I to the clause 

as described in the response to the 

preceding comment. 

Comment: One respondent suggested 

asking employees to enter into a 

separate contract with their employers 

respecting their obligations not to traffic 

in humans and not to procure 

commercial sex acts is unnecessary and 

overly intrusive in the employer–

employee relationship. 

Response: As discussed in the 

response to prior concern on the subject, 

this revised interim rule removes the 

requirement for the contractor to obtain 

the employee’s written agreement to 

abide by the U.S. zero tolerance policy. 

However, the contractor remains 

responsible for notifying its employees 

of the U.S. zero tolerance policy, as well 

as the actions that may be taken against 

them as a result of a violation. 

Comment: One respondent suggested 

that a program of education and 

certification by direct cost employees 

increases administrative burden, is 

unnecessary, and represents a 

questionable intrusion by the 

Government in how institutions manage 

their employees’ conduct. The 

requirements in the clause are sufficient 

to educate employees. 

Response: As discussed in the 

responses to a prior question in this 

category and another concerning 

definitions, the definition of employee 

has been revised and the requirement to 

obtain the employee’s signature is not 

included in the revised interim rule. 

Additionally, the requirement for an 

awareness program has been replaced 

by a requirement to notify employees of 

the U.S. policy, including the actions 

that may be taken against them as a 

result of violating the policy. 


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Enforcement Requirements 

Six comments were received 

regarding the rule’s enforcement 

requirements. 

Comment: One respondent wanted to 

know what constitutes a violation of 

FAR 52.222–50, explaining that a 

company may not be aware of a 

violation unless it interferes with job 

performance and that a company should 

not be obligated to have knowledge of 

an incident nor be obligated to 

terminate the employee if the company 

does not deem termination appropriate. 

Response: Failure to comply with the 

requirements of the clause constitutes a 

violation. Contractors must inform 

employees of the prohibited activities, 

and the actions that will be taken 

against them if they participate in the 

prohibited activities. The contractor is 

obligated to take appropriate action 

when it becomes aware of an employee 

violation. The clause does not require 

termination, but provides that 

termination of employment should be 

considered when appropriate. 

Comment: One respondent indicated 

that the prime contractor cannot assure 

compliance by subcontractors and 

should not be held responsible or liable 

for the conduct of subcontractor 

employees. 

Response: The prime contractor is 

responsible for determining the 

responsibility of its prospective 

subcontractors (FAR 9.104–4(a)), which 

includes determining that the 

subcontractor has a satisfactory record 

of integrity and business ethics (FAR 

9.104–1(d)). Therefore, prime 

contractors should be selecting 

subcontractors that comply with laws 

and regulations, and exercise care when 

selecting individuals for employment. 

Upon award, the prime contractor is 

required to flow down the clause and 

take appropriate action against 

subcontractors when the prime becomes 

aware that a subcontractor or 

subcontractor employee has a violated 

U.S. policy. The prime contractor is 

required to take action against those 

subcontractors that do not comply with 

the terms of the clause, including 

termination if the subcontractor fails to 

take corrective action. The prime 

contractor’s failure to take action against 

a subcontractor that has violated U.S. 

policy, or evidence that the prime 

contractor failed to exercise due 

diligence in determining said 

subcontractor responsible prior to 

making the award, may result in the 

Government taking action against the 

prime contractor as a result of violations 

committed by the subcontractor. 

Although one respondent suggested that 

certifications of compliance and reports 

would be necessary to ‘‘ensure’’

compliance, the Councils do not believe 

that such measures would further 

compliance with U.S. policy, and 

believe that it is sufficient to flow down 

the clause and require appropriate 

action and notification when instances 

of noncompliance have occurred. 

Comment: One respondent suggested 

that the requirement in FAR 52.222–

50(d)(1), for the Government to expect 

the reporting of allegations before those 

allegations are thoroughly investigated 

by the institution and found to be true, 

is inappropriate. 

Response: Many allegations become a 

subject of interest outside the company 

or organization before they are 

thoroughly investigated. As a result, the 

contracting officer needs to be made 

aware of allegations of a violation of 

U.S. policy immediately after the 

contractor becomes aware. 

Comment: One respondent was 

concerned that the requirement in 

Section 22.1704, providing that the 

contracting officer initiate actions after 

determining that ‘‘adequate evidence’’

exists to suspect any violation of the 

policy, be revised to provide that the 

standard for initiating action be based 

on ‘‘clear and convincing evidence.’’

Response: The Councils believe that 

receipt of ‘‘adequate evidence’’ is 

reasonable and sufficient for the 

contracting officer to take action. The 

phrase ‘‘clear and convincing’’ implies a 

much more stringent standard which 

the Councils believe would severely 

restrict the contracting officer’s ability 

to take appropriate action within an 

appropriate timeframe. 

Comment: One respondent was 

concerned that the contractor cannot 

‘‘ensure’’ that no violation will occur, as 

required by FAR 52.222–50(b). The 

contractor can establish clear rules of 

conduct and impose penalties for 

violations. 

Response: The Councils concur with 

the comment. The requirement has been 

removed and FAR 52.222–50(c) has 

been revised to require the contractor to 

notify employees of the U.S. policy and 

actions that may be taken against them 

for violation of the policy. 

Remedies 

Seven comments were received 

concerning the rule’s requirement for 

remedies: 

Comment: One respondent indicated 

that the laws and the U.S. Code state 

that violators will not be subject to any 

penalty besides termination of the 

contract or grant. FAR 52.222–50, 

paragraph (e), Remedies, applies 

penalties such as loss of award fee, 

termination for default, suspension or 

debarment, suspension of contract 

payments, etc. These remedies are 

clearly penalties. 

Response: 22 U.S.C. Section 7104(g) 

states that the contract shall include a 

condition that authorizes the 

department or agency to terminate the 

contract without penalty if the 

contractor engages in the prohibited 

acts. The term ‘‘without penalty’’ means 

that the Government is able to terminate 

without the Government incurring 

breach of contract damages, but does not 

affect other actions the Government may 

take under the clause. 

Comment: One respondent suggested 

revising the language on remedies to 

state only that in addition to all other 

rights and remedies available, the 

Government may terminate the award, 

without penalty, if the awardee or any 

sub–awardee commits a violation 

during the period in which the award is 

in effect. 

Response: Whereas the statutory 

language uses the phrase ‘‘period in 

which the award is in effect,’’ the FAR 

rule uses the equivalent phrase 

currently used throughout the FAR, 

which is ‘‘period of performance,’’ and 

the term ‘‘contract’’ rather than 

‘‘award.’’ This phrase is reflected in the 

final rule at 22.1703(a)(1), 22.1703(a)(2), 

22.1704(a)(1), 22.1704(a)(2) and at 

paragraphs (b)(1) and (b)(2) of the 

clause. 

Comment: One respondent suggested 

that the statute is directed toward the 

institution or organization as awardee 

and its sub–awardees. It is not 

appropriate to penalize the institution 

for activities of its employees outside of 

work under the Federal award or in 

their personal lives. 

Response: The Government seeks to 

ensure that contractor employees who 

traffic in persons or procure commercial 

sex acts do not work on Government 

contracts. The clause requires the 

contractor to notify employees of the 

U.S. policy and actions that can be 

taken against employees for violating 

the policy. Should the contractor 

become aware that the employee has 

violated these terms, the Government 

requires the contractor to take 

appropriate action against the employee. 

The clause provides for remedies when 

the contractor fails to take appropriate 

action against an employee who has 

violated the policy. 

Comment: One respondent was 

concerned that FAR 22.1703(c) should 

refer to remedies for violations of the 

statutory prohibitions, and should not 

refer to remedies for ‘‘supporting or 

promoting’’ the proscribed activities or 

for failing to ‘‘monitor’’ employees and 


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46340 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 

sub–awardees. The term ‘‘monitor’’ has 

a connotation of invading employee 

privacy, not merely supervising 

employees in the conduct of their work. 

Response: The Councils have 

considered the comment and revised the 

language to be consistent with statute. 

The terms ‘‘supporting or promoting’’

and ‘‘monitor’’ are not included in the 

revised interim rule. 

Comment: One respondent suggested 

that the FAR should not describe its 

expectations of remedies that the 

institution may pursue against 

employees who violate the policy. The 

respondent recommends deletion of the 

phrase ‘‘up to and including 

termination’’ from FAR 52.222–50(c)(4). 

Response: The Councils believe it is 

important to provide examples of 

actions that are appropriate to be taken 

against employees who violate the 

policy. The clause provides the 

contractor discretion to determine the 

appropriate action based on the 

circumstances surrounding a violation. 

Comment: One respondent requested 

that paragraph (3), suspension of 

contract payments, be deleted from the 

remedies at FAR 52.222–50(e). 

Response: The Councils believe this is 

a suitable remedy for violations of U.S. 

policy on trafficking in persons. The 

authority to suspend payments is 

modeled after the remedies in paragraph 

(d) of the clause at FAR 52.223–6, Drug–

Free Workplace. FAR 22.1704 requires 

that the contracting officer may pursue 

this remedy only after making a written 

determination that adequate evidence 

exists to suspect a violation of U.S. 

policy. 

Comment: One respondent requested 

that FAR 52.222–50(f) exclude the flow 

down to subcontracts for commercial 

items awarded pursuant to FAR Part 12 

as well as to subcontracts to 

‘‘individuals’’ as defined in 52.222–

50(a). 

Response: The revisions to the rule 

result in this suggestion no longer being 

applicable. In accordance with the 

statute, the revised rule applies to all 

subcontracts. 

This is a significant regulatory action 

and, therefore, was subject to review 

under Section 6(b) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

B. Regulatory Flexibility Act 

The revised interim rule is not 

expected to have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., because the impact will be 

minimal unless the contractor or its 

employees engage in forms of trafficking 

in persons, use forced labor, or procure 

commercial sex acts that are illegal 

within the U.S. Although not 

considered significant, additional 

impact may be associated with contract 

performance in counties/states and 

locations outside the U.S. where certain 

commercial sex acts are legal. However, 

the termination authorities at 22 U.S.C. 

7104(g) apply to Government contracts 

performed in these areas. Therefore, an 

Initial Regulatory Flexibility Analysis 

has not been performed. The Councils 

will consider comments from small 

entities concerning the affected FAR 

Parts 12, 22, and 52 in accordance with 

5 U.S.C. 610. Interested parties must 

submit such comments separately and 

should cite 5 U.S.C 601, et seq. (FAC 

2005–19, FAR case 2005–012), in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 104–13) applies because the interim 

rule contains information collection 

requirements. Accordingly, the FAR 

Secretariat will forward a request for 

approval of a new information 

collection requirement concerning OMB 

Number 9000–00XX to the Office of 

Management and Budget under 44 

U.S.C. 3501, et seq. 

The clause at 52.222–50 requires the 

contractor to notify the contracting 

officer of any information alleging 

employee misconduct under the clause, 

and any actions taken against employees 

pursuant to the clause. 

Public reporting burden for this 

collection of information is estimated to 

average 1 hour per response, including 

the time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. 

The annual reporting burden is 

estimated as follows: 

Respondents: 250 

Responses per respondent: 1 

Total annual responses: 250 

Preparation hours per response: 1 

Total response burden hours: 250 

D. Request for Comments Regarding 

Paperwork Burden 

Submit comments, including 

suggestions for reducing this burden, 

not later than October 16, 2007 to: FAR 

Desk Officer, OMB, Room 10102, NEOB, 

Washington, DC 20503, and a copy to 

the General Services Administration, 

FAR Secretariat (VIR), 1800 F Street, 

NW, Room 4035, Washington, DC 

20405. Please cite OMB Control No. 

9000–00XX, Combating Trafficking in 

Persons (FAR Case 2005–012), in all 

correspondence. 

Public comments are particularly 

invited on: whether this collection of 

information is necessary for the proper 

performance of functions of the FAR, 

and will have practical utility; whether 

our estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and ways in 

which we can minimize the burden of 

the collection of information on those 

who are to respond, through the use of 

appropriate technological collection 

techniques or other forms of information 

technology. 

Requester may obtain a copy of the 

justification from the General Services 

Administration, FAR Secretariat (VIR), 

Room 4035, Washington, DC 20405, 

telephone (202) 501–4755. Please cite 

OMB Control Number 9000–00XX, 

Combating Trafficking in Persons (FAR 

Case 2005–012), in all correspondence. 

E. Determination to Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

(DoD), the Administrator of General 

Services (GSA), and the Administrator 

of the National Aeronautics and Space 

Administration (NASA) that urgent and 

compelling reasons exist to promulgate 

this interim rule without prior 

opportunity for public comment. This 

action is necessary because the 

Trafficking Victims Protection 

Reauthorization Act of 2003 (Pub. L. 

108–193), and the Trafficking Victims 

Protection Reauthorization Act of 2005 

(Pub. L. 109–164) were effective upon 

enactment. 

However, pursuant to Public Law 98–

577 and FAR 1.501, the Councils will 

consider public comments received in 

response to this interim rule in the 

formation of the final rule. 

List of Subjects in 48 CFR Parts 12, 22 

and 52 

Government procurement. 

Dated: July 30, 2007. 

Al Matera, 

Acting Director, Contract Policy Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 12, 22 and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 12, 22 and 52 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 


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Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 46341 

PART 12—ACQUISITION OF 

COMMERCIAL ITEMS 

12.503 [Amended] 

■ 2. Amend section 12.503 by removing 

paragraph (a)(6). 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

22.1700 [Amended] 

■ 3. Amend section 22.1700 by 

removing ‘‘as amended by Pub. L. No. 

108–193 and 109–164’’. 

■ 4. Amend section 22.1701 to read as 

follows: 

22.1701 Applicability. 

This subpart applies to all 

acquisitions. 

■ 5. Amend section 22.1702 by revising 

the definition ‘‘Employee’’ to read as 

follows: 

22.1702 Definitions. 

* * * * * 

Employee means an employee of the 

Contractor directly engaged in the 

performance of work under the contract 

who has other than a minimal impact or 

involvement in contract performance. 

* * * * * 

■ 6. Revise section 22.1703 to read as 

follows: 

22.1703 Policy. 

The United States Government has 

adopted a zero tolerance policy 

regarding trafficking in persons. 

Government contracts shall—

(a) Prohibit contractors, contractor 

employees, subcontractors, and 

subcontractor employees from—

(1) Engaging in severe forms of 

trafficking in persons during the period 

of performance of the contract; 

(2) Procuring commercial sex acts 

during the period of performance of the 

contract; and 

(3) Using forced labor in the 

performance of the contract; 

(b) Require contractors and 

subcontractors to notify employees of 

the prohibited activities described in 

paragraph (a) of this section and the 

actions that may be taken against them 

for violations; and 

(c) Impose suitable remedies, 

including termination, on contractors 

that fail to comply with the 

requirements of paragraphs (a) and (b) of 

this section. 

■ 7. Revise section 22.1704 to read as 

follows: 

22.1704 Violations and remedies. 

(a) Violations. The Government may 

impose the remedies set forth in 

paragraph (b) of this section if—

(1) The contractor, contractor 

employee, subcontractor, or 

subcontractor employee engages in 

severe forms of trafficking in persons 

during the period of performance of the 

contract; 

(2) The contractor, contractor 

employee, subcontractor, or 

subcontractor employee procures a 

commercial sex act during the period of 

performance of the contract; 

(3) The contractor, contractor 

employee, subcontractor, or 

subcontractor employee uses forced 

labor in the performance of the contract; 

or 

(4) The contractor fails to comply 

with the requirements of the clause at 

52.222–50, Combating Trafficking in 

Persons. 

(b) Remedies. After determining in 

writing that adequate evidence exists to 

suspect any of the violations at 

paragraph (a) of this section, the 

contracting officer may pursue any of 

the remedies specified in paragraph (e) 

of the clause at 52.222–50, Combating 

Trafficking in Persons. These remedies 

are in addition to any other remedies 

available to the United States 

Government. 

■ 8. Revise section 22.1705 to read as 

follows: 

22.1705 Contract clause. 

(a) Insert the clause at 52.222–50, 

Combating Trafficking in Persons, in all 

solicitations and contracts. 

(b) Use the basic clause with its 

Alternate I when the contract will be 

performed outside the United States (as 

defined at 25.003) and the contracting 

officer has been notified of specific U.S. 

directives or notices regarding 

combating trafficking in persons (such 

as general orders or military listings of 

‘‘off–limits’’ local establishments) that 

apply to contractor employees at the 

contract place of performance. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 9. Amend section 52.212–5 by—

■ a. Revising the date of the clause to 

read ‘‘(AUG 2007)’’; 

■ b. Redesignating paragraphs (b)(24) 

through (b)(37) as (b)(25) through 

(b)(38), respectively, and adding a new 

paragraph (b)(24); and 

■ c. Redesignating paragraph (e)(1)(vii) 

as paragraph (e)(1)(viii); and adding a 

new paragraph (e)(1)(vii). 

The revised text reads as follows: 

52.212–5 Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

(b) * * * 

ll (24)(i) 52.222–50, Combating 

Trafficking in Persons (AUG 2007) 

(Applies to all contracts). 

ll (ii) Alternate I (AUG 2007) of 

52.222–50. 

* * * * * 

(e)(1) * * * 

(vii) 52.222–50, Combating 

Trafficking in Persons (AUG 2007) (22 

U.S.C. 7104(g)). Flow down required in 

accordance with paragraph (f) of FAR 

clause 52.222–50. 

* * * * * 

■ 10. Amend section 52.213–4 by 

revising the clause date to read ‘‘(AUG 

2007)’’; redesignating paragraphs 

(a)(1)(iv) through (a)(1)(vi) as paragraphs 

(a)(1)(v) through (a)(1)(vii); and adding a 

new paragraph (a)(1)(iv) to read as 

follows: 

52.213–4 Terms and Conditions—

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

(a) * * * 

(1) * * * 

(iv) 52.222–50, Combating Trafficking 

in Persons (AUG 2007) (22 U.S.C. 

7104(g)). 

* * * * * 

■ 11. Amend section 52.222–50 by 

■ a. Amending the introductory text by 

removing ‘‘22.1705’’ and adding 

‘‘22.1705(a)’’ in its place; and revising 

the date of the clause to read ‘‘(AUG 

2007)’’; 

■ b. Amending paragraph (a) by revising 

the definition ‘‘Employee’’, and 

removing the definition ‘‘Individual’’; 

and 

■ c. Revising paragraphs (b), (c), (d), (e), 

and (f), and adding Alternate I. 

The revised text reads as follows: 

52.222–50 Combating Trafficking in 

Persons. 

* * * * * 

Employee means an employee of the 

Contractor directly engaged in the 

performance of work under the contract 

who has other than a minimal impact or 

involvement in contract performance. 

* * * * * 

(b) Policy. The United States 

Government has adopted a zero 

tolerance policy regarding trafficking in 

persons. Contractors and contractor 

employees shall not—

(1) Engage in severe forms of 

trafficking in persons during the period 

of performance of the contract; 

(2) Procure commercial sex acts 

during the period of performance of the 

contract; or 

(3) Use forced labor in the 

performance of the contract. 

(c) Contractor requirements. The 

Contractor shall—


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46342 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 

(1) Notify its employees of—

(i) The United States Government’s 

zero tolerance policy described in 

paragraph (b) of this clause; and 

(ii) The actions that will be taken 

against employees for violations of this 

policy. Such actions may include, but 

are not limited to, removal from the 

contract, reduction in benefits, or 

termination of employment; and 

(2) Take appropriate action, up to and 

including termination, against 

employees or subcontractors that violate 

the policy in paragraph (b) of this 

clause. 

(d) Notification. The Contractor shall 

inform the Contracting Officer 

immediately of—

(1) Any information it receives from 

any source (including host country law 

enforcement) that alleges a Contractor 

employee, subcontractor, or 

subcontractor employee has engaged in 

conduct that violates this policy; and 

(2) Any actions taken against 

Contractor employees, subcontractors, 

or subcontractor employees pursuant to 

this clause. 

(e) Remedies. In addition to other 

remedies available to the Government, 

the Contractor’s failure to comply with 

the requirements of paragraphs (c), (d), 

or (f) of this clause may render the 

Contractor subject to—

(1) Required removal of a Contractor 

employee or employees from the 

performance of the contract; 

(2) Required subcontractor 

termination; 

(3) Suspension of contract payments; 

(4) Loss of award fee, consistent with 

the award fee plan, for the performance 

period in which the Government 

determined Contractor non–compliance; 

(5) Termination of the contract for 

default or cause, in accordance with the 

termination clause of this contract; or 

(6) Suspension or debarment. 

(f) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (f), in all 

subcontracts. 

(End of clause) 

Alternate I (AUG 2007). As prescribed 

in 22.1705(b), substitute the following 

paragraph in place of paragraph (c)(1)(i) 

of the basic clause: 

(i)(A) The United States Government’s 

zero tolerance policy described in 

paragraph (b) of this clause; and 

(B) The following directive(s) or 

notice(s) applicable to employees 

performing work at the contract place(s) 

of performance as indicated below: 

Document Title Document may be obtained from: Applies Performance to in/at: 

llllllll llllllll ............................................................................................. llllllll 

llllllll llllllll ............................................................................................. llllllll 

[Contracting Officer shall insert title 

of directive/notice; indicate the 

document is attached or provide source 

(such as website link) for obtaining 

document; and, indicate the contract 

performance location outside the U.S. to 

which the document applies.] 

[FR Doc. 07–3796 Filed 8–16–07; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 18 

[FAC 2005–19; FAR Case 2005–038; Item 

VI; Docket 2006–0020; Sequence 5] 

RIN 9000–AK50 

Federal Acquisition Regulation; FAR 

Case 2005–038, Emergency 

Acquisitions 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed to adopt the 

interim rule published in the Federal 

Register at 71 FR 38247 on July 5, 2006, 

as a final rule with changes. The final 

rule amends the Federal Acquisition 

Regulation (FAR) to provide a single 

reference to acquisition flexibilities that 

may be used to facilitate and expedite 

acquisitions of supplies and services 

during emergency situations. 

DATES: Effective Date: September 17, 

2007. 

FOR FURTHER INFORMATION CONTACT Mr. 

William Clark, Procurement Analyst, at 

(202) 219–1813 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the FAR Secretariat at (202) 501–4755. 

Please cite FAC 2005–19, FAR case 

2005–038. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule amends the FAR to 

provide a single reference to acquisition 

flexibilities that may be used to 

facilitate and expedite acquisitions of 

supplies and services during emergency 

situations. 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

71 FR 38247 on July 5, 2006, that 

created a new FAR Part 18 to provide 

a single reference to acquisition 

flexibilities available to facilitate 

contracting during emergencies. Five 

sources submitted comments on the 

interim rule. A discussion of those 

comments is provided below. 

(1) More detailed approach. Two 

commenters were very supportive of the 

rule. However, one of those commenters 

recommended developing a more 

detailed, comprehensive approach. The 

commenter also said including the full 

text of every associated emergency 

authority could be unwieldy and might 

be counterproductive to the ‘‘ease of 

use’’ goal. Another commenter 

expressed support for the interim rule 

but recommended developing more 

detailed, comprehensive coverage, 

including guidance related to the proper 

administration and oversight of federal 

spending. 

Response: Repeating the full text of 

every emergency acquisition flexibility 

in Part 18 would be redundant and 

difficult to maintain. More detailed, 

comprehensive procedures are better 

suited to guidebooks, not the acquisition 

regulations. The Councils note OFPP 

has updated its guidance on emergency 

acquisition flexibilities. That guidance 

includes more detailed, comprehensive 

procedures for emergency acquisitions. 

(2) Stress small business 

participation. Two commenters 

recommended that the rule address the 

overall opportunities for small 

businesses in emergency acquisitions 

instead of just addressing the additional 

flexibilities unique to certain categories 

of small businesses (i.e., ability to award 

on a sole source basis to 8(a) firms, 

Historically Underutilized Business 

Zone (HUBZone) small business 


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