Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 4999 

under OMB Clearance Number 0704– 

0460, entitled Synchronized 

Predeployment and Operational Tracker 

(SPOT) System. 

List of Subjects in 48 CFR Parts 212, 

225, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 212, 225, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 212, 225, and 252 continues to 

read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. In section 212.301, redesignate 

paragraphs (f)(viii)(X) through (AA) as 

paragraphs (f)(viii)(Y) through (BB) and 

add a new paragraph (f)(viii)(X) to read 

as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(viii) * * * 

(X) Use the clause at 252.225–7039, 

Defense Contractors Performing Private 

Security Functions Outside the United 

States, as prescribed in 225.302–6, to 

comply with section 2 of Pub. L. 110– 

181, as amended. 

* * * * * 

PART 225—FOREIGN ACQUISITION 

■ 3. Add sections 225.302 and 225.302– 

6 to subpart 225.3 to read as follows: 

225.302 Contractors performing private 

security functions outside the United 

States. 

225.302–6 Contract clause. 

Use the clause at 252.225–7039, 

Defense Contractors Performing Private 

Security Functions Outside the United 

States, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, when 

private security functions are to be 

performed outside the United States 

in— 

(1) Contingency operations; 

(2) Combat operations, as designated 

by the Secretary of Defense; 

(3) Other significant military 

operations (as defined in 32 CFR part 

159), designated by the Secretary of 

Defense, and only upon agreement of 

the Secretary of Defense and the 

Secretary of State; 

(4) Peace operations, consistent with 

Joint Publication 3–07.3; or 

(5) Other military operations or 

military exercises, when designated by 

the Combatant Commander. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Add section 252.225–7039 to read 

as follows: 

252.225–7039 Defense Contractors 

Performing Private Security Functions 

Outside the United States. 

As prescribed in 225.302–6, insert the 

following clause: 

DEFENSE CONTRACTORS 

PERFORMING PRIVATE SECURITY 

FUNCTIONS OUTSIDE THE UNITED 

STATES (JAN 2015) 

(a) Requirements. The Contractor 

shall— 

(1) Register in the Synchronized 

Predeployment and Operational Tracker 

(SPOT)— 

(i) Weapons to be carried by or 

available to be used by personnel 

performing private security functions; 

and 

(ii) Armored vehicles, helicopters, 

and other vehicles operated by 

personnel performing private security 

functions; and 

(2) Comply with ANSI/ASIS PSC.1– 

2012, American National Standard, 

Management System for Quality of 

Private Security Company Operations— 

Requirements with Guidance (located at 

www.acq.osd.mil/log/PS/p_vault/item_

1997–PSC_1_STD.PDF). 

(b) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (b), in 

subcontracts, including subcontracts for 

commercial items, when private 

security functions will be performed 

outside the United States in areas of— 

(1) Contingency operations; 

(2) Combat operations, as designated 

by the Secretary of Defense; 

(3) Other significant military 

operations (as defined in 32 CFR part 

159), designated by the Secretary of 

Defense upon agreement of the 

Secretary of State; 

(4) Peace operations, consistent with 

Joint Publication 3–07.3; or 

(5) Other military operations or 

military exercises, when designated by 

the Combatant Commander. 

(End of clause) 

[FR Doc. 2015–01433 Filed 1–28–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 203, 204, 212, 222, and 

252 

RIN 0750–AH93 

Defense Federal Acquisition 

Regulation Supplement: Further 

Implementation of Trafficking in 

Persons Policy (DFARS Case 2013– 

D007) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to further implement DoD 

trafficking in persons policy, and to 

supplement Governmentwide changes 

proposed in connection with Executive 

Order 13627, to improve awareness, 

compliance, and enforcement. 

DATES: Effective January 29, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Amy Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The United States Government’s 

longstanding policy prohibiting human 

trafficking in Federal supply chains is 

codified in Governmentwide acquisition 

regulations at FAR subpart 22.17. DoD 

is strengthening its policies and 

practices to ensure that no taxpayer 

resources are used to support such 

egregious labor violations. DoD has 

identified a number of important 

supplementary actions to help eradicate 

trafficking in its own supply chain. The 

DFARS coverage ensures that employees 

of DoD contractors are fully aware of 

their labor rights and that they have a 

means of reporting suspected labor 

violations directly to the DoD Inspector 

General’s office. These added 

protections will further improve 

stability, productivity, and certainty in 

the contingency operations that DoD 

supports, and they will ensure that DoD 

contractors do not benefit from the use 

of coerced labor. 

DoD published a proposed rule in the 

Federal Register at 78 FR 59325 on 

September 26, 2013, to further 

implement DoD trafficking in persons 

policies to improve awareness, 

compliance, and enforcement. Two 

respondents submitted public 

comments in response to the proposed 

rule. 


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5000 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments follows: 

A. Summary of Significant Changes 

From the Proposed Rule 

There were no changes from the 

proposed rule as a result of public 

comments. One minor editorial change 

was made to the title of the new 

provision 252.222–7007, Representation 

Regarding Combating Trafficking in 

Persons, to use the word ‘‘regarding’’ in 

lieu of ‘‘with regard to.’’ 

B. Analysis of Public Comments 

Comment: Both respondents 

commended the drafters of the proposed 

rule. One respondent expressed 

appreciation that the drafters listened to 

stakeholder organizations that offered 

comments at the public meeting on 

ending trafficking in persons earlier in 

2013. The other respondent stated that 

the proposed rule goes a significant way 

towards implementing the requirements 

of Executive Order 13627 and title XVII 

of the National Defense Authorization 

Act for FY 2013. The respondents did 

not suggest any changes to the DFARS 

proposed rule. 

Response: Noted. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is a significant 

regulatory action and, therefore, was 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

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

804. 

IV. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

has been prepared consistent with the 

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

et seq., and is summarized as follows: 

This rule amends the Defense Federal 

Acquisition Regulations Supplement 

(DFARS) to improve awareness, 

compliance, and enforcement of DoD 

policies on combating trafficking in 

persons. This rule requires the display 

of hotline posters on combating 

trafficking in persons and whistleblower 

protection for contracts and 

subcontracts, not for the acquisition of 

commercial items, that exceed $5 

million (for performance both inside 

and outside the United States), display 

of a contractor employee bill of rights 

when the contract includes the DFARS 

clause 252.225–7040, Contractor 

Personnel Supporting U.S. Armed 

Forces Deployed Outside the United 

States, and a representation regarding 

hiring policies that is required in all 

DoD solicitations and contracts that 

exceed the simplified acquisition 

threshold. 

There were no public comments in 

response to the Initial Regulatory 

Flexibility Analysis. 

About 58,000 small entities do 

business with DoD. The mandatory 

disclosure requirements and the hotline 

poster requirements only apply to small 

business concerns with DoD contracts or 

subcontracts, not for the acquisition of 

commercial items, that exceed $5 

million. The representation regarding 

hiring practices applies to all small 

business concerns (and all other 

businesses) that respond to solicitations 

with an estimated value exceeding the 

simplified acquisition threshold. The 

requirement to display the contractor 

employee bill of rights only applies to 

contracts with contractor personnel 

supporting U.S. Armed Forces deployed 

outside the United States in contingency 

operations, humanitarian or 

peacekeeping operations, or other 

military operations or exercises, when 

designated by the combatant 

commander. None of these requirements 

is expected to impose a significant 

economic burden on small business 

concerns. 

There are no information collection 

requirements in this rule. This rule 

adopts dollar thresholds wherever 

possible and limits certain requirements 

to contracts where contractor personnel 

support U.S. Armed Forces deployed 

outside the United States. There were 

no additional alternatives identified that 

could further decrease the impact on 

small entities. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 203, 

204, 212, 222, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 203, 204, 212, 

222, and 252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 203, 204, 212, and 252 continues 

to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 2. In section 203.1004, paragraph 

(b)(2)(ii) is revised to read as follows: 

203.1004 Contract clauses. 

* * * * * 

(b)(2)(ii) Unless the contract is for the 

acquisition of a commercial item, use 

the clause at 252.203–7004, Display of 

Hotline Posters, in lieu of the clause at 

FAR 52.203–14, Display of Hotline 

Poster(s), in solicitations and contracts, 

if the contract value exceeds $5 million. 

If the Department of Homeland Security 

(DHS) provides disaster relief funds for 

the contract, DHS will provide 

information on how to obtain and 

display the DHS fraud hotline poster 

(see FAR 3.1003). 

PART 204—ADMINISTRATIVE 

MATTERS 

204.1202 [Amended] 

■ 3. In section 204.1202, redesignate 

paragraphs (2)(iv) through (xiii) as 

paragraphs (2)(v) through (xiv), 

respectively, and add a new paragraph 

(2)(iv) as follows: 

204.1202 Solicitation provision. 

* * * * * 

(2) * * * 

(iv) 252.222–7007, Representation 

Regarding Combating Trafficking in 

Persons. 

* * * * * 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 4. In section 212.301, redesignate 

paragraphs (f)(vii) through (f)(xvii) as 

paragraphs (f)(viii) through (xviii), 

respectively, and add a new paragraph 

(f)(vii) to read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(vii) Part 222—Application of Labor 

Laws to Government Acquisitions. Use 


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Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 5001 

the provision at 252.222–7007, 

Representation Regarding Combating 

Trafficking in Persons, as prescribed in 

222.1771. 

* * * * * 

PART 222—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 5. The authority citation for 48 CFR 

part 222 is revised to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 6. Add sections 222.1770 and 

222.1771 to subpart 222.17 to read as 

follows: 

222.1770 Procedures. 

For a sample checklist for auditing 

compliance with Combating Trafficking 

in Persons policy, see the Defense 

Contract Management Agency checklist, 

Afghanistan Universal Examination 

Record Combating Trafficking in 

Persons, available at DFARS Procedures 

Guidance and Information 222.17. 

222.1771 Solicitation provision. 

Unless the solicitation includes the 

provision at 252.204–7007, use the 

provision at 252.222–7007, 

Representation Regarding Combating 

Trafficking in Persons, in all 

solicitations and contracts that exceed 

the simplified acquisition threshold, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 7. Section 252.203–7004 is revised to 

read as follows: 

252.203–7004 Display of Hotline Posters. 

As prescribed in 203.1004(b)(2)(ii), 

use the following clause: 

DISPLAY OF HOTLINE POSTERS (JAN 

2015) 

(a) Definition. United States, as used in this 

clause, means the 50 States, the District of 

Columbia, and outlying areas. 

(b) Display of fraud hotline poster(s). (1) 

The Contractor shall display prominently the 

DoD fraud hotline poster, prepared by the 

DoD Office of the Inspector General, in 

common work areas within business 

segments performing work in the United 

States under Department of Defense (DoD) 

contracts. 

(2) If the contract is funded, in whole or 

in part, by Department of Homeland Security 

(DHS) disaster relief funds, the DHS fraud 

hotline poster shall be displayed in addition 

to the DoD fraud hotline poster. If a display 

of a DHS fraud hotline poster is required, the 

Contractor may obtain such poster from: 

llllllllll 

[Contracting Officer shall insert the 

appropriate DHS contact information or Web 

site.] 

(c) Display of combating trafficking in 

persons and whistleblower protection hotline 

posters. The Contractor shall display 

prominently the DoD Combating Trafficking 

in Persons and Whistleblower Protection 

hotline posters, prepared by the DoD Office 

of the Inspector General, in common work 

areas within business segments performing 

work under DoD contracts. 

(d)(1) These DoD hotline posters may be 

obtained from: Defense Hotline, The 

Pentagon, Washington, DC 20301–1900, or 

are also available via the internet at http:// 

www.dodig.mil/hotline/hotline_posters.htm. 

(2) If a significant portion of the employee 

workforce does not speak English, then the 

posters are to be displayed in the foreign 

languages that a significant portion of the 

employees speak. Contact the DoD Inspector 

General at the address provided in paragraph 

(d)(1) of this clause if there is a requirement 

for employees to be notified of this clause 

and assistance with translation is required. 

(3) Additionally, if the Contractor 

maintains a company Web site as a method 

of providing information to employees, the 

Contractor shall display an electronic version 

of these required posters at the Web site. 

(e) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (e), in all 

subcontracts that exceed $5 million except 

when the subcontract is for the acquisition of 

a commercial item. 

(End of clause) 

■ 8. Section 252.204–7007 is amended 

by— 

■ a. Removing the provision date ‘‘(DEC 

2014)’’ and adding ‘‘(JAN 2015)’’ in its 

place; and 

■ b. Redesignating paragraphs (d)(1)(iii) 

through (vii) as paragraphs (d)(1)(iv) 

through (viii), respectively, and adding 

a new paragraph (d)(1)(iii). 

The addition reads as follows: 

252.204–7007 Alternate A, Annual 

Representations and Certifications. 

* * * * * 

(d)(1) * * * 

(iii) 252.222–7007, Representation 

Regarding Combating Trafficking in 

Persons, as prescribed in 222.1771. 

Applies to solicitations with a value 

expected to exceed the simplified 

acquisition threshold. 

* * * * * 

■ 9. Add new section 252.222–7007 to 

read as follows: 

252.222–7007 Representation Regarding 

Combating Trafficking in Persons. 

As prescribed in 222.1771, use the 

following provision: 

REPRESENTATION REGARDING 

COMBATING TRAFFICKING IN PERSONS 

(JAN 2015) 

By submission of its offer, the Offeror 

represents that it— 

(a) Will not engage in any trafficking in 

persons or related activities, including but 

not limited to the use of forced labor, in the 

performance of this contract; 

(b) Has hiring and subcontracting policies 

to protect the rights of its employees and the 

rights of subcontractor employees and will 

comply with those policies in the 

performance of this contract; and 

(c) Has notified its employees and 

subcontractors of— 

(1) The responsibility to report trafficking 

in persons violations by the Contractor, 

Contractor employees, or subcontractor 

employees, at any tier; and 

(2) Employee protection under 10 U.S.C. 

2409, as implemented in DFARS subpart 

203.9, from reprisal for whistleblowing on 

trafficking in persons violations. 

(End of provision) 

■ 10. Section 252.225–7040 is amended 

by— 

■ a. Removing the clause date ‘‘(MAY 

2014)’’ and adding ‘‘(JAN 2015)’’ in its 

place; and 

■ b. Adding paragraph (d)(8). 

The addition reads as follows: 

252.225–7040 Contractor Personnel 

Supporting U.S. Armed Forces Deployed 

Outside the United States. 

* * * * * 

(d) * * * 

(8)(i) The Contractor shall ensure that 

Contractor employees supporting the U.S. 

Armed Forces are aware of their rights to— 

(A) Hold their own identity or immigration 

documents, such as passport or driver’s 

license, regardless of the documents’ issuing 

authority; 

(B) Receive agreed upon wages on time; 

(C) Take lunch and work-breaks; 

(D) Elect to terminate employment at any 

time; 

(E) Identify grievances without fear of 

reprisal; 

(F) Have a copy of their employment 

contract in a language they understand; 

(G) Receive wages that are not below the 

legal host-country minimum wage; 

(H) Be notified of their rights, wages, and 

prohibited activities prior to signing their 

employment contract; and 

(I) If housing is provided, live in housing 

that meets host-country housing and safety 

standards. 

(ii) The Contractor shall post these rights 

in employee work spaces in English and in 

any foreign language(s) spoken by a 

significant portion of the workforce. 

(iii) The Contractor shall enforce the rights 

of Contractor personnel supporting the U.S. 

Armed Forces. 

* * * * * 

[FR Doc. 2015–01431 Filed 1–28–15; 8:45 am] 

BILLING CODE 5001–06–P 


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