Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Proposed Rules 41511 

3For a more in-depth discussion on the 

inadequacy of WAQSR Chapter 3, section 2(d), see 

our proposed SIP call at 78 FR 12533, February 22, 

2013. 

4We note that if we finalize our proposed 

approval of this revision to the Wyoming SIP, it will 

have the effect of mooting our proposed SIP call 

regarding this provision. 

proposed to issue a SIP call for this 

provision. 

On February 10, 2014, WDEQ 

submitted to EPA SIP revisions that 

included the removal of the problematic 

language in WAQSR Chapter 3, section 

2(d), as well as updates to the State’s 

incorporation by reference (IBR) of 

federal regulations. The State’s IBR 

updates will be acted upon in a separate 

rulemaking. 

III. Wyoming Revisions and EPA 

Analysis 

Under CAA section 107, states have 

the primary authority and responsibility 

to develop and implement SIPs that 

provide for attainment, maintenance, 

and enforcement of the National 

Ambient Air Quality Standards and 

meet other CAA requirements. Pursuant 

to CAA section 110(k), EPA has the 

authority and responsibility to review 

state SIP submissions to assure that they 

meet all applicable requirements. CAA 

section 110(l) prohibits EPA from 

approving a SIP revision that (among 

other things) would interfere with any 

applicable requirement of the CAA. In 

this instance, the State has elected to 

revise its existing SIP by editing a 

previously approved provision that 

created exemptions from otherwise 

applicable emission limitations in the 

SIP. 

The State made two edits to WAQSR 

Chapter 3, section 2(d). Notably, the 

sentence that read ‘‘This limitation shall 

not apply during a reasonable period of 

warmup following a cold start or where 

undergoing repairs and adjustment 

following malfunction’’ was struck from 

the provision. 

We consider this change sufficient to 

correct the provision’s inadequacy and 

to meet the requirements of the CAA.3

As a result of the removal of the 

problematic language from WAQSR 

Chapter 3, section 2(d), the improper 

exemptions from the emissions 

limitation contained within this 

provision will no longer be available to 

sources. EPA’s proposed approval is 

also consistent with CAA section 110(l) 

because approval will not interfere with 

any applicable requirement of the CAA. 

Specifically, removal of the exemptions 

will not relax the existing emission 

limitation in the SIP and will in fact be 

more protective. Furthermore, this 

revision will render the revised 

emissions limitation consistent with the 

requirements of the CAA for SIP 

provisions by making it continuously 

applicable and more enforceable. 

Therefore, we are proposing to approve 

the removal of this language from the 

provision.4

Wyoming also added language to 

WAQSR Chapter 3, section 2(d) 

clarifying that the provision applies to 

both stationary and portable diesel 

engines. EPA finds no issue with this 

clarifying language and therefore 

proposes to approve this change as well. 

IV. EPA’s Proposed Action 

We are proposing to approve the 

revisions to WAQSR Chapter 3, section 

2(d) of the Wyoming SIP, as reflected in 

the State’s February 10, 2014 

submission. 

V. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely proposes to approve state 

law as meeting federal requirements and 

does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this proposed 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

USC 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

USC 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 USC 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and, 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 24, 2014. 

Shaun L. McGrath, 

Regional Administrator. 

[FR Doc. 2014–16740 Filed 7–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF EDUCATION 

48 CFR Parts 3401, 3403, 3404, 3405, 

3406, 3407, 3408, 3409, 3411, 3413, 

3414, 3415, 3416, 3417, 3419, 3422, 

3425, 3427, 3428, 3430, 3431, 3432, 

3433, 3434, 3437, 3439, 3442, 3444, 

3447, 3448, and 3452 

[Docket ID ED–2013–OCFO–0078] 

RIN 1890–AA18 

Department of Education Acquisition 

Regulation 

AGENCY: Office of the Chief Financial 

Officer, Department of Education. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Secretary proposes to 

modify the Department of Education 

Acquisition Regulation (EDAR) in order 

to update it to accurately implement the 

current Federal Acquisition Regulation 

(FAR) and Department policies. 

DATES: The Department must receive 

your comments on or before September 

15, 2014. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
41512 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Proposed Rules 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments submitted by fax or by email 

or those submitted after the comment 

period. To ensure that we do not receive 

duplicate copies, please submit your 

comments only once. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘Are you new to the site?’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about these proposed 

regulations, address them to Roscoe 

Price, U.S. Department of Education, 

400 Maryland Avenue SW., Room 7172, 

PCP, Washington, DC 20202–4200. 

Privacy Note: The Department’s policy is 

to make all comments received from 

members of the public available for public 

viewing in their entirety on the Federal 

eRulemaking Portal at www.regulations.gov. 

Therefore, commenters should be careful to 

include in their comments only information 

that they wish to make publicly available. 

FOR FURTHER INFORMATION CONTACT: 

Roscoe Price, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 7172, PCP, Washington, DC 

20202–4200. Telephone: (202) 245–6222 

or by email: Roscoe.Price@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Invitation to Comment 

The Department invites you to submit 

comments regarding these proposed 

regulations. To ensure that your 

comments have maximum effect in 

developing the final regulations, the 

Department urges you to identify clearly 

the specific section or sections of the 

proposed regulations that each of your 

comments addresses and to arrange your 

comments in the same order as the 

proposed regulations. 

The Department invites you to assist 

us in complying with the specific 

requirements of Executive Order 12866 

and 13563 and their overall requirement 

of reducing regulatory burden that 

might result from these proposed 

regulations. Please let us know of any 

further ways we could reduce potential 

costs or increase potential benefits 

while preserving the effective and 

efficient administration of the 

Department’s programs and activities. 

During and after the comment period, 

you may inspect all public comments 

about these proposed regulations by 

accessing Regulations.gov. You may also 

inspect the comments in person in 

Room 7172, Potomac Center Plaza, 550 

12th Street SW., Washington, DC, 

between 8:30 a.m. and 4:00 p.m., 

Washington, DC time, Monday through 

Friday of each week except Federal 

holidays. Please contact the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record: On request we will 

provide an appropriate accommodation 

or auxiliary aid to any individual with 

a disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for these proposed regulations. If 

you want to schedule an appointment 

for this type of accommodation or 

auxiliary aid, please contact the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Background 

The uniform regulation for the 

procurement of supplies and services by 

Federal Departments and Agencies, the 

FAR, was promulgated on September 

19, 1983 (48 FR 42102). The FAR is 

codified in title 48, chapter 1, of the 

Code of Federal Regulations. The 

Department promulgated the EDAR to 

implement the FAR on May 23, 1988 (53 

FR 19119). 

The EDAR (title 48, chapter 34 of the 

Code of Federal Regulations) is 

prescribed under 5 U.S.C. 301 and the 

general authorization in FAR 1.301. The 

last revision of the EDAR was published 

in the Federal Register on March 8, 

2011 (76 FR 12796). 

Significant Proposed Regulations 

We discuss substantive issues under 

the sections of the proposed regulations 

to which they pertain. Generally, we do 

not address proposed regulatory 

changes that are technical or otherwise 

minor in effect. 

These proposed regulations would 

amend the EDAR as follows: 

SUBCHAPTER A—GENERAL 

PART 3401—ED ACQUISITION 

REGULATION SYSTEM 

FAR: FAR Part 1 (Federal Acquisition 

Regulations System) sets forth the purpose, 

authority, and structure of the FAR, 

authorizes agency FAR supplements and 

deviations from the FAR, and discusses 

career development, contracting authority, 

and responsibilities. 

Current Regulations: The current EDAR 

contains delegations for deviation approvals 

that do not reflect optimal business 

operations. The current regulations do not 

correctly identify the individuals responsible 

for approving delegations and do not set forth 

procedures for obtaining approval of a 

deviation. The current regulations reflect 

numbering that has been changed by recent 

changes to the FAR. 

Proposed Regulations: In subpart 3401.4, 

‘‘Deviations,’’ the proposed regulations 

would revise sections 3401.403 (Individual 

deviations) and 3401.404 (Class deviations) 

to designate the Head of the Contracting 

Activity (HCA) as the approving official for 

individual deviations and the Senior 

Procurement Executive (SPE) as the 

approving official for class deviations. The 

proposed regulations would also add section 

3401.470 (Procedures) to provide procedures 

for requesting deviations from the FAR or the 

EDAR. 

In subpart 3401.6, ‘‘Career Development, 

Contracting Authority, and Responsibilities,’’ 

the proposed regulations would redesignate 

section 3401.670 as section 3401.604–70 and 

would further redesignate sections 3401.670– 

1, 3401.670–2, and 3401.670–3 as sections 

3401.604–70.1, 3401.604–70.2, and 

3401.604–70.3, respectively, to be consistent 

with the new FAR 1.604. 

Reasons: On March 16, 2011, section 1.604 

was added to the FAR. This proposed change 

would update the EDAR to be consistent with 

the FAR numbering scheme. Also, the 

proposed change would identify the correct 

position for approving individual and class 

deviations as well as establish the procedures 

required for approval of deviations from the 

FAR or the EDAR. 

PART 3403—IMPROPER BUSINESS 

PRACTICES AND PERSONAL CONFLICTS 

OF INTEREST 

FAR: FAR Part 3 (Improper Business 

Practices and Personal Conflicts of Interest) 

regulates standards of conduct, gratuities to 

Government personnel, reports of suspected 

antitrust violations, contingent fees, and 

contracts with Government employees or 

organizations owned or controlled by them. 

Current Regulations: The current EDAR 

requires Department personnel to report 

violations of the gratuities clause, antitrust 

violations, and misrepresentation or violation 

of the covenant against contingent fees. 

Proposed Regulations: The Department is 

proposing to add section 3403.104–7 to 

identify the SPE as the agency head for the 

purposes of FAR 3.104–7(d)(2)(ii)(B) and to 

add section 3403.204, revise section 

3403.602, and add sections 3403.7 and 

3403.9 to identify the SPE as the agency 

head’s designee for the purposes of FAR 

3.204, 3.602, 3.704, 3.705, 3.905, and 3.906. 

Reasons: The proposed revisions identify 

the official delegated the authority to provide 

exceptions and sign determinations 

identified in FAR 3.1, 3.2, 3.6, 3.7, and 3.9. 

PART 3404—ADMINISTRATIVE MATTERS 

FAR: FAR Part 4 (Administrative Matters) 

sets forth requirements for contract 

execution, documentation, retention, and 

reporting. 


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Current Regulations: The current EDAR 

does not address this FAR part. 

Proposed Regulations: The Department 

proposes to add PART 3404, 

‘‘ADMINISTRATIVE MATTERS,’’ to 

SUBCHAPTER A to consist of subpart 3404.7 

and section 3404.770 to prescribe the use of 

clause 3452.204–70, ‘‘Maintenance and 

Retention of Government-Owned/ContractorHeld Federal Records’’ in all solicitations and 

contracts where contractors are in possession 

of Federal records. 

Reasons: This addition is necessary to 

provide contractors guidance on the handling 

of Federal records, often containing 

personally identifiable information, both 

during and after performance of contracts. 

SUBCHAPTER B—COMPETITION AND 

ACQUISITION PLANNING 

PART 3405—PUBLICIZING CONTRACT 

ACTIONS 

FAR: FAR Part 5 (Publicizing Contract 

Actions) sets forth requirements for 

publicizing actions in each phase of the 

acquisition process and the mandatory time 

required for actions to be published prior to 

action being taken by the Government. 

Current Regulations: The current EDAR 

sets forth specific statutory authorities 

provided to Federal Student Aid (FSA). 

Proposed Regulations: The Department is 

proposing to add subpart 3405.4 to identify 

the SPE as the agency head’s designee for the 

purposes of FAR 5.404–1(a) and (b). 

Reasons: The proposed revision identifies 

the official responsible for releasing long 

range estimates for the Department. 

PART 3406—COMPETITION 

REQUIREMENTS 

FAR: FAR Part 6 (Competition 

Requirements) regulates how agencies 

compete various contract actions. 

Current Regulations: The current EDAR 

states that this part of the FAR does not apply 

to modular contracting performed by the 

Performance Based Organization (PBO) as a 

result of statutorily provided authority. 

Proposed Regulations: The proposed 

changes would add subpart 3406.2 and 

section 3406.302–1 to identify the HCA as 

the agency head for the purposes of FAR 

6.202 and 6.302–1(b)(4); would add section 

3406.302–2 to identify the SPE as the agency 

head’s designee for the purposes of FAR 

6.302–2(d)(2); would add section 3406.302– 

7 to identify the Secretary as having the 

exclusive authority to approve all public 

interest determinations for the purposes of 

FAR 6.302–7(c); and would revise section 

3406.501 to designate Competition Advocates 

for each contracting activity. 

Reasons: The proposed change would 

identify the agency head for the purposes of 

FAR 6.2 and 6.3 and the agency head’s 

designee for the purposes of FAR 6.3, except 

to reserve public interest determinations for 

the Secretary of Education, and would 

identify the Competition Advocates for each 

Contracting Activity mandated in FAR 6.5. 

PART 3407—ACQUISITION PLANNING 

FAR: FAR Part 7 (Acquisition Planning) 

sets forth requirements for presolicitation 

activities that must be addressed by the 

Government, identifies analysis of 

requirements for contractor versus 

Government performance, and identifies how 

to determine if work is inherently 

Governmental. 

Current Regulations: The current EDAR 

does not address this part of the FAR. 

Proposed Regulations: The Department 

proposes to add PART 3407, 

‘‘ACQUISITIION PLANNING,’’ to 

SUBCHAPTER B to consist of subpart 3407.1 

to identify the SPE as the agency head’s 

designee for the purposes of FAR 7.103. 

Reasons: The proposed changes to the 

regulations would add the authority for 

promulgating the regulation and would 

clearly identify the appropriate official for 

making determinations under FAR 7.1. 

PART 3408—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

FAR: FAR Part 8 (Required Sources of 

Supplies and Services) mandates certain 

sources and details how agencies must use 

those sources. 

Current Regulations: The current EDAR 

requires a printing clause in subpart 3408.8 

(Acquisition of Printing and Related 

Supplies) and addresses paperwork 

reduction in PART 3427. 

Proposed Regulations: The proposed 

changes would revise section 3408.870 to 

clarify when the printing clause at 3452.208– 

71 is required. 

Reasons: The proposed changes would 

update the EDAR to reflect mandatory use of 

the printing clause at 3452.208–71 in all 

solicitations and contracts where printing is 

anticipated. 

PART 3409—CONTRACTOR 

QUALIFICATIONS 

FAR: FAR Part 9 (Contractor 

Qualifications) prescribes policies, standards, 

and procedures for determining whether 

prospective contractors are responsible. 

Current Regulations: The current EDAR 

identifies procedures for Debarment and 

Suspension and prescribes procedures for 

identifying conflicts of interest. 

Proposed Regulations: The Department 

proposes to add subpart 3409.2 and amend 

subparts 3409.4 and 3409.5 by adding 

sections 3409.405, 3409.405–1, 3409.405–2, 

3409.406–1, 3409.407–1, and 3409.503, 

respectively, to identify the SPE as the 

agency head’s designee for the purposes of 

FAR 9.202(a)(1), 9.206–1(b), 9.405(a), 

9.405(d)(3), 9.405–1, 9.405–2, 9.406–1(c), 

8.407–1(d), and 9.503. 

Reasons: The proposed changes would 

update the EDAR to identify the SPE as the 

agency head’s designee for the purposes of 

FAR 9.202(a)(1), 9.206–1(b), 9.405(a), 

9.405(d)(3), 9.405–1, 9.405–2, 9.406–1(c), 

8.407–1(d), and 9.503. 

PART 3411—DESCRIBING AGENCY NEEDS 

FAR: FAR Part 11 (Describing Agency 

Needs) includes sections on developing 

requirements documents, performance 

schedules, approaching liquidated damages, 

and variations in quantity. 

Current Regulations: The current EDAR 

does not address this part of the FAR. 

Proposed Regulations: The Department 

proposes to add PART 3411, ‘‘DESCRIBING 

AGENCY NEEDS,’’ to SUBCHAPTER B to 

consist of subpart 3411.1 and 3411.5. The 

proposed addition would identify the HCA as 

the agency head for the purposes of FAR 

11.103(a) and 11.501(d). 

Reasons: The proposed changes to the 

regulations would update the EDAR to 

identify the appropriate official for making 

determinations under FAR 11.103(a) and 

11.501(d). 

SUBCHAPTER C—CONTRACTING 

METHODS AND CONTRACT TYPES 

PART 3413—SIMPLIFIED ACQUISITION 

PROCEDURES 

FAR: FAR Part 13 (Simplified Acquisition 

Procedures) allows and describes streamlined 

ways of purchasing goods and services below 

the simplified acquisition threshold. 

Current Regulations: The EDAR currently 

sets out FSA’s authority to use simplified 

acquisition methods for commercial items at 

any value and noncommercial items up to $1 

million. 

Proposed Regulations: The Department 

proposes to add subpart 3413.2 and amend 

subpart 3413.3 to identify the SPE as the 

agency head for the purposes of FAR 

13.201(g)(1) and 13.305–3(a). 

Reasons: The proposed changes to the 

regulations would clearly identify the 

appropriate official for making 

determinations under FAR 13.201(g)(1) and 

13.305–3(a). 

PART 3414—SEALED BIDDING 

FAR: FAR Part 14 (Sealed Bidding) 

describes the rules and requirements for 

using sealed bidding as a method of 

acquisition. 

Current Regulations: The current EDAR 

identifies the HCA as the official authorized 

to make determinations under FAR 14.407– 

3. 

Proposed Regulations: The Department 

proposes to revise subpart 3414.4 to identify 

the HCA as the agency head for the purposes 

of FAR 14.404–1(c), 14.407–3, and 14.407–4. 

Reasons: The proposed changes to the 

regulations would clearly identify the 

appropriate official for making 

determinations under FAR 14.404–1(c), 

14.407–3, and 14.407–4. 

PART 3415—CONTRACTING BY 

NEGOTIATION 

FAR: FAR Part 15 (Contracting by 

Negotiation) sets forth procedures for 

acquiring goods and services through 

negotiated procurement. 

Current Regulations: The current EDAR 

contains the process for submitting 

unsolicited proposals and implements the 

use of a two-phase procurement. 

Proposed Regulations: The Department 

proposes to add section 3415.204 to identify 

the SPE as the agency head’s designee for the 

purposes of FAR 15.204(e). 

Reasons: The proposed change to the 

regulation would clearly identify the 

appropriate official for making 

determinations under FAR 15.204(e). 

PART 3416—TYPES OF CONTRACTS 

FAR: FAR Part 16 (Types of Contracts) 

describes the various contract types and 


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consideration in determining the type of 

contract to use for a particular acquisition. 

Current Regulations: The current EDAR 

incorrectly states that an award term that is 

earned is affected by unilateral modification. 

Proposed Regulations: The Department 

proposes to revise section 3416.470(f)(2) to 

require bilateral contract modification to 

extend a contract for an earned award term 

period. 

Reasons: This revision of section 

3416.470(f)(2) would correct the error in the 

current EDAR. 

PART 3417—SPECIAL CONTRACTING 

METHODS 

FAR: FAR Part 17 (Special Contracting 

Methods) includes requirements for options 

and interagency acquisitions under the 

Economy Act. 

Current Regulations: The current EDAR 

includes requirements for options and the 

use of Modular Contracting. 

Proposed Regulations: The Department 

proposes to add section 3417.208 to prescribe 

the appropriate use of clauses 3452.17–70, 

‘‘Evaluation of Options to Include Award 

Terms,’’ and 3452.17–71, ‘‘Option to Extend 

the Term of an Award Term Contract.’’ 

Additionally, the Department proposes to 

add section 3417.104 and subpart 3417.6 to 

identify the SPE and Assistant Secretary for 

the Office of Management as the agency head 

for the purposes of FAR 17.104(b) and 

17.602, respectively. 

Reasons: The changes are necessary to 

prescribe when to include specific optionrelated clauses regarding Award Term 

Contracting and to clearly identify the 

appropriate official for making 

determinations under FAR 17.104(b) and 

17.602. 

SUBCHAPTER D—SOCIOECONOMIC 

PROGRAMS 

PART 3419—SMALL BUSINESS PROGRAMS 

FAR: FAR Part 19 (Small Business 

Programs) describes requirements for and 

availability of contracting preference 

programs for small businesses. 

Current Regulations: The current 

regulations identify regulatory flexibilities 

afforded to FSA. 

Proposed Regulations: The Department 

proposes to add section 3419.505 and subpart 

3419.8 to include section 3419.810 to 

identify the SPE as the agency head for the 

purposes of FAR 19.505 and 19.810, 

respectively. The Department proposes to 

add section 3419.812 in subpart 3419.8 to 

identify the HCA as the agency head for the 

purposes of FAR 19.812(d). Additionally, the 

Department proposes to add section 3419.70 

to prescribe when to include clause 

3452.219–70 in commercial item 

procurements. 

Reasons: The changes would clearly 

identify the appropriate official for making 

determinations under FAR 19.5 and 19.8 and 

include a clause to provide favorable price 

evaluation treatment for socioeconomic 

subcategories for which the Department has 

historically failed to meet prime award goals. 

PART 3422—APPLICATION OF LABOR 

LAWS TO GOVERNMENT ACQUISITIONS 

FAR: FAR Part 22 (Application of Labor 

Laws to Government Acquisitions) describes 

various laws, policies, and prohibitions 

governing Federal acquisition. 

Current Regulations: The current 

regulations explain that the five-year 

limitation in the Service Contract Act of 

1965, as amended (Service Contract Act), 

applies to each period of the contract 

individually, not to the cumulative period of 

base and option years, and that accordingly 

no Department contract will have a base or 

option period longer than five years. 

Proposed Regulations: The Department 

proposes to amend PART 3422, 

‘‘APPLICATION OF LABOR LAWS TO 

GOVERNMENT ACQUISITIONS,’’ to add 

section 3422.406–8 to identify the SPE as the 

agency head’s designee for the purposes of 

FAR 22.406–8(d) and to add sections 

3422.604–2, 3422.803, 3422.807, 3422.1305, 

3422.1310, 3422.1403, and 3422.1408 to 

identify the SPE as the agency head for the 

purposes of FAR 22.604–2(b)(1), 22.803(c), 

22.807(a)(1), 22.1305, 22.1310(a)(1)(ii) and 

(a)(2), 22.1403, and 22.1408, respectively. 

The Department proposes to add section 

3422.302 to identify the HCA as the agency 

head for the purposes of FAR 22.302(c) and 

to add section 3422.406–9 to identify the 

HCA as the authority to suspend contract 

payments pursuant to FAR 22.406–9(b). 

Additionally, the Department proposes to 

add section 3422.406–8 to identify the Chief 

of the Contracting Office as the responsible 

party for conducting labor standards 

investigations as prescribed in FAR 22.406– 

8(a). 

Reasons: The proposed changes to the 

regulations would clearly identify the 

appropriate official for making 

determinations or decisions under FAR 

22.302(c), 22.406–8(a), 22.406–8(d), 22.406– 

9(b), 22.604–2(b)(1), 22.803(c), 22.807(a)(1), 

22.1305, 22.1310, 22.1403, and 22.1408. 

PART 3425—FOREIGN ACQUISITION 

FAR: FAR Part 25 (Foreign Acquisition) 

implements the Buy American Act. 

Current Regulations: The current EDAR 

designates the HCA as the approving official 

for determinations relating to the Buy 

American Act. 

Proposed Regulations: The Department 

proposes to amend PART 3425, ‘‘FOREIGN 

ACQUISITIONS,’’ to add sections 3425.103, 

3425.105, and 3425.202 to delegate authority 

to the HCA make the determinations 

prescribed in FAR 25.103(a), 25.105(a)(1) and 

25.202(a)(1). The Department proposes to add 

section 3425.204 to identify the HCA as the 

agency head for the purposes of FAR 

25.204(b) and to add section 3425.1001 to 

identify the SPE as the agency head for the 

purposes of FAR 25.1001(a)(2)(iii). 

Reasons: The Department has previously 

identified the approving official for one of 

the subparts in FAR 25; this change would 

clearly identify the appropriate official for 

making determinations under FAR 25.103(a), 

25.105(a)(1), 25.202(a)(1), 25.204(b), and 

25.1001(a)(2)(iii). 

SUBCHAPTER E—GENERAL 

CONTRACTING REQUIREMENTS 

PART 3427—PATENTS, DATA, AND 

COPYRIGHTS 

FAR: FAR Part 27 (Patents, Data, and 

Copyrights) regulates patents, copyrights, 

rights in data, and foreign license and 

technical agreements under Federal 

contracts. 

Current Regulations: The current EDAR 

includes in this part prescriptions for clauses 

on publication and publicity, advertising of 

awards, and paperwork reduction. 

Proposed Regulations: The Department 

proposes to add subpart 3427.3 consisting of 

section 3427.303 to identify the SPE as the 

agency head’s designee for the purposes of 

FAR 27.303. 

Reasons: The proposed change to the 

regulation would clearly identify the 

appropriate official for making 

determinations under FAR 27.303. 

PART 3428—BONDS AND INSURANCE 

FAR: FAR Part 28 (Bonds and Insurance) 

regulates the appropriate use and 

requirements for bonds and insurance under 

Federal contracts. 

Current Regulations: The current EDAR 

includes in this part a prescription for a 

clause specifying when insurance is 

mandatory. 

Proposed Regulations: The Department 

proposes to add subpart 3428.1 (Bonds and 

Other Financial Protections) to include 

section 3428.101–1 and subpart 3428.2 to 

include section 3428.203–7 to identify the 

SPE as the agency head’s designee for the 

purposes of FAR 28.101–1(c) and 28.203–7. 

The Department proposes to add section 

3428.106–6 to identify the HCA as the agency 

head’s designee for the purposes of FAR 

28.106–6(c). The Department proposes to add 

section 3428.203 to identify the Assistant 

Inspector General for Investigations as the 

appropriate official to receive evidence of 

possible criminal or fraudulent activities by 

an individual surety. 

Reasons: The proposed change to the 

regulations would clearly identify the 

appropriate official for making 

determinations under FAR 28.101–1(c), 

28.106–6(c), and 28.203–7 and to identify the 

official for receiving evidence under FAR 

28.203. 

PART 3430—COST ACCOUNTING 

STANDARDS ADMINISTRATION 

FAR: FAR Part 30 (Cost Accounting 

Standards Administration) includes sections 

on the administration of contractor financial 

systems and responsibility for disclosure. 

Current Regulations: The current EDAR 

does not address this part of the FAR. 

Proposed Regulations: The Department 

proposes to add PART 3430, ‘‘COST 

ACCOUNTING STANDARDS 

ADMINISTRATION,’’ to include section 

3430.201–5 to identify the SPE as the head 

of the agency for the purposes of FAR 

30.201–5(a) and (b). 

Reasons: The proposed change to the 

regulation would clearly identify the 

appropriate official for making 

determinations under FAR 30.201–5. 


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PART 3431—CONTRACT COST PRINCIPLES 

AND PROCEDURES 

FAR: FAR Part 31 (Contract Cost Principles 

and Procedures) includes sections regulating 

costs under contracts with commercial, 

educational, and nonprofit organizations. 

Current Regulations: The current EDAR 

does not address this part of the FAR. 

Proposed Regulations: The Department 

proposes to add PART 3431, ‘‘CONTRACT 

COST PRINCIPLES AND PROCEDURES,’’ to 

add subpart 3431.1 consisting of section 

3431.101 to identify the SPE as the agency 

head’s designee for the purposes of FAR 

31.101 and add subpart 3431.2 to include 

section 3431.205–6 to identify the HCA as 

the agency head’s designee for the purposes 

of FAR 31.295–6(g)(3). 

The Department proposes to add section 

3431.205–70 to prescribe the use of clause 

3452.231–70 (Food Costs) to prohibit the use 

of contract funds to procure food unless 

authorized by the Contracting Officer (CO) in 

advance. The Department proposes to add 

section 3431.205–71 to prescribe the use of 

clause 3452.231–71 (Travel Costs) to prohibit 

the use of contract funds to pay for 

noncontractor travel unless authorized by the 

Contracting Officer in advance. 

The Department proposes to add section 

3431.205–72 to prescribe the clause at 

3452.231–72 (Clearance of Conferences/

Meetings) that requires Department 

contractors arranging conferences on behalf 

of the Department to seek the services of the 

Department’s Event Services office or 

agreement from that office that the services 

may be subcontracted. 

Reasons: The proposed changes to the 

regulations would clearly identify the 

appropriate official for making 

determinations under FAR 31.101 and 

31.205–6. The added clauses are required to 

ensure adequate control over contract funds 

for use to pay for noncontractor travel and 

meals and for Department conferences. 

PART 3432—CONTRACT FINANCING 

FAR: FAR Part 32 (Contract Financing) 

regulates the types of financing the 

Government may make available to 

contractors, including advance payments. 

Current Regulations: The current EDAR 

designates the HCA as the official authorized 

to authorize types of financing in subpart 

3432.4 (Advance Payments) and section 

3432.705–2 (Clauses for Limitation of Cost or 

Funds), which prescribes the use of clause 

3452.232–70 (Limitation of Cost or Funds) 

and the provision in clause 3452.232–71 

(Incremental Funding). 

Proposed Regulations: The Department 

proposes to add subparts 3432.0, 3432.1, 

3432.2, and 3432.9 to PART 3432, 

‘‘CONTACT FINANCING.’’ Sections 

3432.006–1, 3432.006–4, and 3432.114 

would identify the SPE as the agency head 

for the purposes of FAR 32.006–1, 32.006–4, 

and 32.114, respectively. The Department 

proposes to add section 3432.006–3 to 

identify Department personnel 

responsibilities and procedures that must be 

followed when there is any suspected 

instance of fraud involved in payment 

requests. 

The Department proposes to add sections 

3432.201, 3432.703–3, and 3432.906 to 

identify the HCA as the agency head for the 

purposes of FAR 32.201, 32.703–3(b), and 

32.906(a), respectively. The Department 

proposes to add section 3432.006–2 to define 

the ‘‘Remedy Coordination Official.’’ 

The Department proposes to add section 

3432.902 to define ‘‘delivery date’’ as the 

date on which products and services are 

deemed received. 

Reasons: The addition of section 3432.902 

would provide clarification to potential 

vendors that may make delivery of products 

or services after 4:30 p.m., that those 

deliveries will be deemed to be received the 

next business day. 

The other proposed changes would 

identify the appropriate officials that have 

been designated to make determinations 

under various subparts of FAR 32 and 

identify the appropriate official and 

procedure to report requests for payments 

based on fraud. 

PART 3433—PROTESTS, DISPUTES, AND 

APPEALS 

FAR: FAR Part 33 (Protests, Disputes, and 

Appeals) regulates the Government’s actions 

when a protest is filed with the agency or the 

Government Accountability Office (GAO) 

and when disputes occur under contracts. 

Current Regulations: The current EDAR 

designates the HCA as the official authorized 

to approve a determination to continue with 

performance after receipt of a protest. 

Proposed Regulations: The Department 

proposes to revise section 3433.103 to 

identify the Competition Advocate for the 

contracting activity as having responsibility 

for the independent review required by FAR 

33.103(d)(4). 

The Department proposes to add section 

3433.103(f)(1) and 3433.103(f)(3) to identify 

the HCA as having responsibility for 

approving any determination to proceed with 

the contract award for protests filed and 

received before award and to continue 

performance after the receipt of an agency 

protest after award. We further clarify that in 

those cases where the Contracting Officer 

(CO) is also the HCA, the determination must 

be approved by the SPE. The Department 

proposes to add section 3433.104 to require 

contracting activities to seek guidance from 

the Office of the General Counsel (OGC) 

before taking action in response to a GAO 

protest. The Department proposes to add 

section 3433.203 to identify the SPE as the 

agency head for the purposes of FAR 

33.203(b). 

The Department proposes to add section 

3433.211 to require the Contracting Officer to 

obtain assistance, as appropriate, from OGC 

prior to issuing a final decision. 

Reasons: The Department proposes to 

revise section 3433.103 to clarify that there 

are two contracting activities, each with its 

own Competition Advocate. The Department 

proposes to add section 3433.104 to identify 

the HCA as having the responsibility for 

determining if work should begin after a 

protest has been received. The Department 

proposes to add section 3433.203 to identify 

the SPE as the agency head for the purposes 

of FAR 33.203. The Department proposes to 

add section 3433.211 to require the 

Contracting Officer to confer with the OGC, 

when appropriate, prior to issuing any final 

determination. 

SUBCHAPTER F—SPECIAL CATEGORIES 

OF CONTRACTING 

PART 3434—MAJOR SYSTEM 

ACQUISITION 

FAR: FAR Part 34 (Major System 

Acquisition) describes acquisition policies 

and procedures for use in acquiring major 

systems consistent with OMB Circular No. 

A–109. FAR Part 34 also describes the use of 

an Earned Value Management System in 

acquisitions designated as major acquisitions 

consistent with OMB Circular A–11, Part 7. 

Current Regulations: The current EDAR 

does not address this part of the FAR. 

Proposed Regulations: The Department 

proposes to add PART 3434, ‘‘MAJOR 

SYSTEM ACQUISITION.’’ Section 3434.003 

would identify the SPE as the agency head’s 

designee for the purposes of FAR 34.003(a). 

The Department proposes to add section 

3434.003(b) to identify the SPE as the agency 

head for the purposes of FAR 34.003(c) and 

the acquisition executive for the purposes of 

OMB Circular No. A–109. Section 3434.005– 

6 would identify the SPE as the agency 

head’s designee for the purposes of FAR 

34.005–6. 

Reasons: These changes would identify the 

appropriate officials that have been 

designated to make determinations under 

various subparts of FAR 34. 

PART 3437—SERVICE CONTRACTING 

FAR: FAR Part 37 (Service Contracting) 

regulates various types of service contracts 

and performance-based acquisition. 

Current Regulations: The EDAR currently 

contains section 3437.270 (Services of 

Consultants Clauses), which prescribes the 

use of clause 3452.237–70 (Services of 

Consultants) in all cost-reimbursement 

contracts and solicitations. This clause 

requires the contractor to obtain the 

Contracting Officer’s written approval to use 

certain consultants under a cost-type 

contract. 

Proposed Regulations: The Department 

proposes to revise subpart 3437.2 and add 

section 3437.601 to subpart 3437.6. Proposed 

section 3437.204 would identify the HCA as 

the agency head for the purposes of FAR 

37.204. The Department proposes to revise 

section 3437.270 to provide clarification on 

when the Contracting Officer must use clause 

3452.237–70 (Services of Consultants). The 

Department proposes to add section 3437.601 

to establish the Department’s policy that all 

new service contracts be performance-based 

unless approved by the Departmental 

Competition Advocate. 

Reasons: These changes would clearly 

identify the official responsible for approving 

advisory contracts, clarify that the Services of 

Consultants clause is not applicable to FSA 

contracts, and establish the minimum 

requirements to be contained in any new 

service contract. 

PART 3439—ACQUISITION OF 

INFORMATION TECHNOLOGY 

FAR: FAR Part 39 (Acquisition of 

Information Technology) regulates the 

acquisition of information technology. 


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Current Regulations: The current EDAR 

contains multiple information technology 

initiatives and standards requirements for 

Internet Protocol Version 6 and security 

requirements. 

Proposed Regulations: The Department 

proposes to remove section 3439.701 from 

subpart 3439.70 because the section is no 

longer needed. A FAR clause has been 

established to fulfill its purpose. 

Reasons: Current section 3439.701 has 

been replaced by a FAR clause and is 

obsolete. 

SUBCHAPTER G—CONTRACT 

MANAGEMENT 

PART 3442—CONTRACT 

ADMINISTRATION AND AUDIT SERVICES 

FAR: FAR Part 42 (Contract Administration 

and Audit Services) requires use of a 

contractor performance information system 

and contract monitoring; it also governs other 

contract administration functions. 

Current Regulations: The current EDAR 

contains sections on contract monitoring and 

the accessibility of meetings, conferences, 

and seminars to persons with disabilities. 

Proposed Regulations: The Department 

proposes to add subparts 3442.6 and 3442.7 

and to revise section 3442.7101 in subpart 

3442.71. We would add section 3442.602 to 

identify the SPE as the agency head’s 

designee for the purposes of FAR 42.602(a) 

and add section 3443.703–2 to identify the 

HCA as the agency head’s designee for the 

purposes of FAR 42.703–2(b). Additionally, 

the Department proposes to revise section 

3442.7101 to clarify that the use of clause 

3452.242–73 (Accessibility of meetings, 

conferences, and seminars to persons with 

disabilities) is mandatory in all solicitations 

and contracts where conferences are 

contemplated. 

Reasons: The current regulation is general 

in the application of the accessibility clause, 

and the proposed changes would clearly 

identify the appropriate official for making 

determinations under FAR 42.302. 

PART 3444—SUBCONTRACTING POLICIES 

AND PROCEDURES 

FAR: FAR Part 44 (Subcontracting Policies 

and Procedures) includes sections that 

govern contracts requiring the Government’s 

consent to subcontract, the review of a 

contractor’s purchasing system, and 

subcontracts under commercial item 

purchases. 

Current Regulations: The current EDAR 

does not address this part of the FAR. 

Proposed Regulations: The Department 

proposes to add PART 3444, 

‘‘SUBCONTRACTING POLICIES AND 

PROCEDURES.’’ Section 3444.302 would 

identify the SPE as the head of the agency for 

the purposes of FAR 44.302(a). 

Reasons: The proposed change to the 

regulation would clearly identify the 

appropriate official for making 

determinations under FAR 44.302. 

PART 3447—TRANSPORTATION 

FAR: FAR Part 47 (Transportation) 

includes sections regulating transportationrelated services, transportation in supply 

contracts, and transportation by U.S. flag 

carriers and vessels. 

Current Regulations: The current EDAR 

includes in section 3447.701 a foreign travel 

provision for when the Contracting Officer 

must use clause 3452.247–70 (Foreign travel). 

Proposed Regulations: The Department 

proposes to revise 3447.701 to clarify that the 

Contracting Officer must insert clause 

3452.247–70 (Foreign Travel) in all 

solicitations and resultant cost 

reimbursement contracts where foreign travel 

is contemplated. 

Reasons: This change would clarify when 

the Contracting Officer must use clause 

3452.247–70. 

PART 3448—VALUE ENGINEERING 

FAR: FAR Part 48 (Value Engineering) 

includes sections that identify the 

appropriate sharing methodologies for 

proposals that would generate savings on the 

instant acquisition through which a value 

engineering proposal is submitted, as well as 

sharing of savings on collateral contracts. 

Current Regulations: The current EDAR 

does not address this part of the FAR. 

Proposed Regulations: The Department 

proposes to add PART 3448, ‘‘VALUE 

ENGINEERING.’’ Proposed sections 3448.102 

and 3448.201 would delegate to the HCA, 

without power of redelegation, the authority 

regarding the exemptions prescribed in FAR 

48.102(g) and 48.201(a)(6), respectively. 

Reasons: The proposed regulations would 

clearly identify the appropriate official for 

making exemption determinations under 

FAR 48.102(g) and 48.201(a)(6), respectively. 

SUBCHAPTER H—CLAUSES AND FORMS 

PART 3452—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

FAR: FAR Part 52 (Solicitation Provisions 

and Contract Clauses) is the part of the FAR 

containing all FAR provisions and clauses 

required or recommended for inclusion in 

solicitations and contracts, as prescribed in 

the preceding parts of the FAR. 

Current Regulations: The current EDAR 

includes in PART 3452, ‘‘SOLICITATION 

PROVISIONS AND CONTRACT CLAUSES,’’ 

text for 30 provisions and clauses, all of 

which are prescribed in the preceding parts 

of the EDAR. 

Proposed Regulations: The Department 

proposes to add section 3452.204–70 to 

implement guidance provided by the 

National Archives and Records 

Administration consistent with the 

requirements of the Department; revise 

section 3452.216–71(e) to require bilateral 

modifications rather than unilateral 

Government modifications in cases of earned 

award term periods; add section 3452.217–70 

to include the evaluation of award term 

periods; add section 3452.219–70 to allow 

evaluations to include socioeconomic 

categories; add section 3452.231–70 to 

preclude the procurement of food under a 

cost reimbursement contract unless 

authorized in advance by the CO; add section 

3452.231–71 to identify invitational travel as 

an unallowable cost; add section 3431.231– 

72 to require contractors to work with the 

Event Services staff to establish any hotel 

contracts; and remove section 3452.239–70. 

Additionally, the Department proposes to 

add subpart 3452.3, consisting of section 

3452.301 (Solicitation provisions and 

contract clauses (Matrix)), a clause matrix. 

Reasons: The proposed changes to this part 

of the EDAR are consistent with the changes 

to the prescriptive language in the preceding 

parts and would update the provisions and 

clauses to more accurately reflect current 

regulations and policy. Section 3452.239–70 

would be removed because it is obsolete. The 

addition of a clause matrix in section 

3452.301 would provide an easy reference 

point for Contracting Officers to check. 

Executive Orders 12866 and 13563 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether this 

regulatory action is ‘‘significant’’ and, 

therefore, subject to the requirements of the 

Executive order and subject to review by the 

Office of Management and Budget (OMB). 

Section 3(f) of Executive Order 12866 defines 

a ‘‘significant regulatory action’’ as an action 

likely to result in a rule that may— 

(1) Have an annual effect on the economy 

of $100 million or more, or adversely affect 

a sector of the economy, productivity, 

competition, jobs, the environment, public 

health or safety, or State, local or tribal 

governments or communities in a material 

way (also referred to as an ‘‘economically 

significant’’ rule); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken or 

planned by another agency; 

(3) Materially alter the budgetary impacts 

of entitlement grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the President’s 

priorities, or the principles stated in the 

Executive order. 

This proposed regulatory action is not a 

significant regulatory action subject to review 

by OMB under section 3(f) of Executive 

Order 12866. 

We have also reviewed these regulations 

under Executive Order 13563, which 

supplements and explicitly reaffirms the 

principles, structures, and definitions 

governing regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 13563 

requires that an agency— 

(1) Propose or adopt regulations only upon 

a reasoned determination that their benefits 

justify their costs (recognizing that some 

benefits and costs are difficult to quantify); 

(2) Tailor its regulations to impose the least 

burden on society, consistent with obtaining 

regulatory objectives and taking into 

account—among other things and to the 

extent practicable—the costs of cumulative 

regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, and 

other advantages; distributive impacts; and 

equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 


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(5) Identify and assess available 

alternatives to direct regulation, including 

economic incentives—such as user fees or 

marketable permits—to encourage the 

desired behavior, or provide information that 

enables the public to make choices. 

Executive Order 13563 also requires an 

agency ‘‘to use the best available techniques 

to quantify anticipated present and future 

benefits and costs as accurately as possible.’’ 

The Office of Information and Regulatory 

Affairs of OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that might 

result from technological innovation or 

anticipated behavioral changes.’’ 

We are issuing these proposed regulations 

only on a reasoned determination that their 

benefits would justify their costs. In choosing 

among alternative regulatory approaches, we 

selected those approaches that would 

maximize net benefits. Based on the analysis 

that follows, the Department believes that 

these proposed regulations are consistent 

with the principles in Executive Order 

13563. 

We also have determined that this 

regulatory action would not unduly interfere 

with State, local, and tribal governments in 

the exercise of their governmental functions. 

In accordance with both Executive orders, 

the Department has assessed the potential 

costs and benefits, both quantitative and 

qualitative, of this regulatory action. The 

potential costs associated with this regulatory 

action are those resulting from statutory 

requirements and those we have determined 

as necessary for administering the 

Department’s programs and activities. 

Clarity of the Regulations 

Executive Order 12866 and the Presidential 

memorandum on ‘‘Plain Language in 

Government Writing’’ require each agency to 

write regulations that are easy to understand. 

The Secretary invites comments on how to 

make these proposed regulations easier to 

understand, including answers to questions 

such as the following: 

• Are the requirements in the proposed 

regulations clearly stated? 

• Do the proposed regulations contain 

technical terms or other wording that 

interferes with their clarity and create a 

barrier to contracting with the Department? 

• Does the format of the proposed 

regulations (grouping and order of sections, 

use of headings, paragraphing, etc.) aid or 

reduce their clarity? 

• Would the proposed regulations be 

easier to understand if we divided them into 

more (but shorter) sections? 

• Could the description of the proposed 

regulations in the SUPPLEMENTARY

INFORMATION section of this preamble be more 

helpful in making the proposed regulations 

easier to understand? If so, how? 

• What else could the Department do to 

make the proposed regulations easier to 

understand and access? 

To send any comments that concern how 

the Department could make these proposed 

regulations easier to understand, see the 

instructions in the ADDRESSES section. 

Regulatory Flexibility Act Certification 

The Secretary certifies that these proposed 

regulations would not have a significant 

economic impact on a substantial number of 

small entities. 

The proposed regulations would update 

the EDAR; they would not directly regulate 

any small entities. As a result, a regulatory 

flexibility analysis is not required and none 

has been prepared. 

Paperwork Reduction Act of 1995 

These proposed regulations do not contain 

any information collection requirements. 

Intergovernmental Review 

These regulations are not subject to 

Executive Order 12372 and the regulations in 

34 CFR part 79. 

Assessment of Educational Impact 

In accordance with section 441 of the 

General Education Provisions Act, 20 U.S.C. 

1221e–4, the Secretary particularly requests 

comments on whether these proposed 

regulations would require transmission of 

information that any other agency or 

authority of the United States gathers or 

makes available. 

Accessible Format: Individuals with 

disabilities can obtain this document in an 

accessible format (e.g., braille, large print, 

audiotape, or compact disc) on request to the 

person listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: The 

official version of this document is the 

document published in the Federal Register. 

Free Internet access to the official edition of 

the Federal Register and the Code of Federal 

Regulations is available via the Federal 

Digital System at: www.gpo.gov/fdsys. At this 

site you can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in text or 

Adobe Portable Document Format (PDF). To 

use PDF you must have Adobe Acrobat 

Reader, which is available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search feature at: 

www.federalregister.gov. Specifically, 

through the advanced search feature at this 

site, you can limit your search to documents 

published by the Department. 

(Catalog of Federal Domestic Assistance 

Number does not apply.) 

List of Subjects in 48 CFR Parts 3401, 

3403, 3404, 3405, 3406, 3407, 3408, 

3409, 3411, 3413, 3414, 3415, 3416, 

3417, 3419, 3422, 3425, 3427, 3428, 

3430, 3431, 3432, 3433, 3434, 3437, 

3439, 3442, 3444, 3447, 3448, and 3452 

Government procurement. 

Dated: June 30, 2014. 

Arne Duncan, 

Secretary of Education. 

Accordingly, the Secretary proposes 

to amend title 48 of the Code of Federal 

Regulations, chapter 34 as follows: 

PART 3401—ED ACQUISITION 

REGULATION SYSTEM 

■ 1. The authority citation for part 3401 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 20 U.S.C. 

1018a. 

■ 2. Section 3401.403 is revised to read 

as follows: 

3401.403 Individual deviations. 

An individual deviation from the FAR 

or the EDAR must be approved by the 

HCA. 

■ 3. Section 3401.404 is revised to read 

as follows: 

3401.404 Class deviations. 

A class deviation from the FAR or the 

EDAR must be approved by the Senior 

Procurement Executive (SPE). 

■ 4. Section 3401.470 is added to read 

as follows: 

3401.470 Procedures. 

(a) The HCA must submit to the SPE 

a written request for each deviation 

from the FAR or the EDAR. Each request 

for a deviation must include: 

(1) The nature of the deviation 

requested, including whether it is an 

individual or class deviation. 

(2) The FAR or EDAR regulation from 

which the deviation is requested. 

(3) The circumstances under which 

the deviation would be used. 

(4) The effect intended by the 

deviation. 

(5) The expiration date recommended 

for the deviation. 

(6) All pertinent documentation 

supporting the request. 

(b) The Contracting Officer must 

include in the contract file a copy of 

each authorized deviation that pertains 

to the acquisition. 

Sections 3401.670, 3401.670–1, 3401.670–2, 

and 3401.670–3. [Redesignated as 

3401.604–70, 3401.604–70.1, 3401.604–70.2, 

and 3401.604–70.3] 

■ 5. Sections 3401.670, 3401.670–1, 

3401.670–2, and 3401.670–3 are 

redesignated as sections 3401.604–70, 

3401.604–70.1, 3401.604–70.2, and 

3401.604–70.3, respectively. 

PART 3403—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 6. The authority citation for part 3403 

continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 7. Sections 3403.104 and 3403.104–7 

are added to read as follows: 


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3403.104 Procurement integrity. 

3403.104–7 Violations or possible 

violations. 

(d)(2)(ii)(B) The SPE is the agency 

head for the purposes of FAR 3.104– 

7(d)(2)(ii)(B). 

■ 8. Section 3403.204 is added to read 

as follows: 

3403.204 Treatment of violations. 

(a) The SPE is the agency head’s 

designee for the purposes of FAR 3.204. 

■ 9. Section 3403.602 is revised to read 

as follows: 

3403.602 Exceptions. 

The SPE is the agency head’s designee 

for the purposes of FAR 3.602. 

■ 10. Subpart 3403.7 is added to read as 

follows: 

Subpart 3403.7—Voiding and Rescinding 

Contracts 

Sec. 

3403.704 Policy. 

3403.705 Procedures. 

Subpart 3403.7—Voiding and 

Rescinding Contracts 

3403.704 Policy. 

(a) The SPE is the agency head’s 

designee for the purposes of FAR 3.704. 

3403.705 Procedures. 

(a) The SPE is the agency head’s 

designee for the purposes of FAR 3.705. 

■ 11. Subpart 3403.9 is added to read as 

follows: 

Subpart 3403.9—Whistleblower Protections 

for Contractor Employees 

Sec. 

3403.905 Procedures for investigating 

complaints. 

3403.906 Remedies. 

Subpart 3403.9—Whistleblower 

Protections for Contractor Employees 

3403.905 Procedures for investigating 

complaints. 

(c) The SPE is the agency head’s 

designee for the purposes of FAR 3.905. 

3403.906 Remedies. 

(a) The SPE is the agency head’s 

designee for the purposes of FAR 3.906. 

■ 12. A new part 3404 is added to 

subchapter A to read as follows: 

PART 3404—ADMINISTRATIVE 

MATTERS 

3404.7—Contractor Records Retention 

Sec. 

3404.770 Contract clause. 

Authority: 5 U.S.C. 301; 40 U.S.C. 121(c); 

and 41 U.S.C. 3102. 

Subpart 3404.7—Contractor Records 

Retention 

3404.770 Contract clause. 

The Contracting Officer must insert 

the clause at 3452.204–70, Maintenance 

and Retention of Government-Owned/

Contractor-Held Federal Records, in all 

solicitations and contracts where 

contractors are in possession of Federal 

records. 

PART 3405—PUBLICIZING CONTRACT 

ACTIONS 

■ 13. The authority citation for part 

3405 continues to read as follows: 

Authority: 5 U.S.C. 301 and 20 U.S.C. 

1018a. 

■ 14. Subpart 3405.4 is added to read as 

follows: 

Subpart 3405.4—Release of Information 

Sec. 

3405.404 Release of long-range acquisition 

estimates. 

3405.404–1 Release procedures. 

Subpart 405.4—Release of Information 

3405.404 Release of long-range 

acquisition estimates. 

3405.404–1 Release procedures. 

(a) The SPE is the agency head’s 

designee for the purposes of FAR 5.404– 

1(a). 

(b) The SPE is the agency head for the 

purposes of FAR 5.404–1(b). 

PART 3406—COMPETITION 

REQUIREMENTS 

■ 15. The authority citation for part 

3406 continues to read as follows: 

Authority: 5 U.S.C. 301; 41 U.S.C. 418(a) 

and (b); and 20 U.S.C. 1018a. 

■ 16. Subpart 3406.2 is added to read as 

follows: 

Subpart 3406.2—Full and Open Competition 

After Exclusion of Sources 

Sec. 

3406.202 Establishing or maintaining 

alternate sources. 

Subpart 3406.2—Full and Open 

Competition After Exclusion of 

Sources 

3406.202 Establishing or maintaining 

alternate sources. 

The HCA is the agency head for the 

purposes of FAR 6.202. 

■ 17a. Sections 3406.302, 3406.302–1, 

and 3406.302–2 are added to read as 

follows: 

3406.302 Circumstances permitting other 

than full and open competition. 

3406.302–1 Only one responsible source 

and no other supplies or services will 

satisfy agency requirements. 

(b)(4) The HCA is the agency head for 

the purposes of FAR 6.302–1(b)(4). 

3406.302–2 Unusual and compelling 

urgency. 

(d)(2) The SPE is the agency head’s 

designee for the purposes of FAR 6.302– 

2(d)(2). 

■ 17b. Section 3406.302–7 is added to 

read as follows: 

3406.302–7 Public interest. 

The authority to approve the 

determination prescribed in FAR 6.302– 

7(c) is reserved for the Secretary of 

Education. 

■ 18. Section 3406.501 is revised to read 

as follows: 

3406.501 Requirement. 

The Competition Advocate for the 

Department and Contracts and 

Acquisitions Management (CAM) is the 

Deputy Director, CAM. The Competition 

Advocate for Federal Student Aid (FSA) 

is the Director, Strategic Initiatives. 

■ 19. A new part 3407 is added to 

subchapter B to read as follows: 

PART 3407—ACQUISITION PLANNING 

Subpart 3407.1—Acquisition Plans 

Sec. 

3407.103 Agency-head responsibilities. 

Authority: 5 U.S.C. 301. 

Subpart 3407.1—Acquisition Plans 

3407.103 Agency-head responsibilities. 

The SPE is the agency head’s designee 

for the purposes of FAR 7.103. 

PART 3408—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

■ 20. The authority citation for part 

3408 continues to read as follows: 

Authority: 5 U.S.C. 301, unless otherwise 

noted. 

■ 21. Section 3408.870 is revised to read 

as follows: 

3408.870 Printing clause. 

The Contracting Officer must insert 

the clause at 3452.208–71 (Printing) in 

all solicitations and contracts for 

services where printing is anticipated. 

PART 3409—CONTRACTOR 

QUALIFICATIONS 

■ 22. The authority citation for part 

3409 continues to read as follows: 

Authority: 5 U.S.C. 301. 


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■ 23. Subpart 3409.2 is added to read as 

follows: 

Subpart 3409.2—Qualifications 

Requirements 

Sec. 

3409.202 Policy. 

3409.206 Acquisitions subject to 

qualification requirements. 

3409.206–1 General. 

Subpart 3409.2—Qualifications 

Requirements 

3409.202 Policy. 

(a)(1) The SPE is the agency head’s 

designee for the purposes of FAR 

9.202(a)(1). 

3409.206 Acquisitions subject to 

qualification requirements. 

3409.206–1 General. 

(b) The SPE is the agency head’s 

designee for the purposes of FAR 9.206– 

1(b). 

■ 24a. Sections 3409.405, 3409.405–1, 

and 3409.405–2 are added to read as 

follows: 

3409.405 Effect of listing. 

(a) The SPE is the agency head’s 

designee for the purposes of FAR 

9.405(a). 

(d)(3) The SPE is the agency head’s 

designee for the purposes of FAR 

9.405(d)(3). 

3409.405–1 Continuation of current 

contracts. 

(a) The SPE is the agency head’s 

designee for the purposes of FAR 9.405– 

1. 

3409.405–2 Restrictions on 

subcontracting. 

(a) The SPE is the agency head’s 

designee for the purposes of FAR 9.405– 

2. 

■ 24b. Section 3409.406–1 is added to 

read as follows: 

3409.406–1 General. 

(c) The SPE is the agency head’s 

designee for the purposes of FAR 9.406– 

1(c). 

■ 24c. Section 3409.407–1 is added to 

read as follows: 

3409.407–1 General. 

(d) The SPE is the agency head’s 

designee for the purposes of FAR 9.407– 

1(d). 

■ 25. Section 3409.503 is revised to read 

as follows: 

3409.503 Waiver. 

The SPE is the agency head’s designee 

for the purposes of FAR 9.503. 

■ 26. In subchapter B, a new part 3411 

is added to read as follows: 

PART 3411—DESCRIBING AGENCY 

NEEDS 

Subpart 3411.1—Selecting and Developing 

Requirements Documents 

Sec. 

3411.103 Market acceptance. 

Subpart 3411.5—Liquidated Damages 

Sec. 

3411.501 Policy. 

Authority: 5 U.S.C. 301 and 20 U.S.C. 

1018a. 

Subpart 3411.1—Selecting and 

Developing Requirements Documents 

3411.103 Market acceptance. 

(a) The HCA is the agency head for 

the purposes of FAR 11.103(a). 

Subpart 3411.5—Liquidated Damages 

3411.501 Policy. 

(d) The HCA is the agency head for 

the purposes of FAR 11.501(d). 

PART 3413—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 27. The authority citation for part 

3413 continues to read as follows: 

Authority: 5 U.S.C. 301 and 20 U.S.C. 

1018a. 

■ 28. Subpart 3413.2 is added to read as 

follows: 

Subpart 3413.2—Actions At or Below the 

Micro-Purchase Threshold 

Sec. 

3413.201 General. 

Subpart 3413.2—Actions At or Below 

the Micro-Purchase Threshold 

3413.201 General. 

(g)(1) The SPE is the agency head for 

the purposes of FAR 13.201(g)(1). 

■ 29. Sections 3413.305 and 3413.305– 

3 are added to read as follows: 

3413.305 Imprest funds and third party 

drafts. 

3413.305–3 Conditions for use. 

(a) The SPE is the agency head for the 

purposes of FAR 13.305–3(a). 

PART 3414—SEALED BIDDING 

■ 30. The authority citation for part 

3414 continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 31. Subpart 3414.4 is revised to read 

as follows: 

Subpart 3414.4—Opening of Bids and 

Award of Contract 

Sec. 

3414.404 Rejection of bids. 

3414.404–1 Cancellation of invitations 

after opening. 

3414.407 Mistakes in bids. 

3414.407–3 Other mistakes disclosed 

before award. 

3414.407–4 Mistakes after award. 

Subpart 3414.4—Opening of Bids and 

Award of Contract 

3414.404 Rejection of bids. 

3414.404–1 Cancellation of invitations 

after opening. 

(c) The HCA is the agency head for 

the purposes of FAR 14.404–1(c). 

3414.407 Mistakes in bids. 

3414.407–3 Other mistakes disclosed 

before award. 

The HCA is the agency head for the 

purposes of making any determination 

called for by FAR 14.407–3. 

3414.407–4 Mistakes after award. 

The HCA is the agency head for the 

purposes of making any determination 

called for by FAR 14.407–4. 

PART 3415—CONTRACTING BY 

NEGOTIATION 

■ 32. The authority citation for part 

3415 continues to read as follows: 

Authority: 5 U.S.C. 301 and 20 U.S.C. 

1018a. 

■ 33. Section 3415.204 is added to read 

as follows: 

3415.204 Contract format. 

(e) The SPE is the agency head’s 

designee for the purposes of FAR 

15.204(e). 

PART 3416—TYPES OF CONTRACTS 

■ 34. The authority citation for part 

3416 continues to read as follows: 

Authority: 5 U.S.C. 301 and 20 U.S.C. 

1018a. 

■ 35. In section 3416.470, paragraph 

(f)(2) is revised to read as follows: 

3416.470 Award-term contracting. 

* * * * * 

(f) * * * 

(2) The extension of the contract as a 

result of an earned award term period is 

affected by a bilateral contract 

modification. 

* * * * * 

PART 3417—SPECIAL CONTRACTING 

METHODS 

■ 36. The authority citation for part 

3417 continues to read as follows: 

Authority: 31 U.S.C. 1535 and 20 U.S.C. 

1018a. 

■ 37. Subpart 3417.1 is added to read as 

follows: 


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Subpart 3417.1—Multi-year Contracting 

Sec. 

3417.104 General. 

Subpart 3417.1—Multi-year 

Contracting 

3417.104 General. 

(b) The SPE is the agency head for the 

purposes of FAR 17.104(b). 

■ 38. Section 3417.208 is added to read 

as follows: 

3417.208 Solicitation provisions and 

contract clauses. 

(c) Insert a clause substantially the 

same as the clause at 3452.17–70, 

Evaluation of Options to Include Award 

Terms and 3452.17–71, Option to 

Extend the Term of an Award Term 

Contract, in solicitations and contracts 

when the conditions at FAR 3417.208(c) 

exist and the use of an Award Term 

incentive is contemplated. 

■ 39. Subpart 3417.6 is added to read as 

follows: 

Subpart 3417.6—Management and 

Operating Contracts 

Sec. 

3417.602 Policy. 

Subpart 3417.6—Management and 

Operating Contracts 

3417.602 Policy. 

(a) The Assistant Secretary for the 

Office of Management is the agency 

head for the purposes of FAR 17.602. 

PART 3419—SMALL BUSINESS 

PROGRAMS 

■ 40. The authority citation for part 

3419 continues to read as follows: 

Authority: 5 U.S.C. 301 and 20 U.S.C. 

1018a. 

■ 41. Section 3419.505 is added to read 

as follows: 

3419.505 Rejecting Small Business 

Administration recommendations. 

(d) The SPE is the agency head for the 

purposes of FAR 19.505. 

■ 42. Section 3419.70 is added to read 

as follows: 

3419.70 Socioeconomic goals. 

When the Department has been 

unable to meet its goal for prime 

contractor awards in one or more 

socioeconomic categories in any of the 

last five fiscal years, the Contracting 

Officer may insert a clause substantially 

the same as 3452.219–70 in any 

procurement for a Commercial Item 

conducted under FAR Part 12 or 13 

when the award is low price, 

technically acceptable. 

■ 43. Subpart 3419.8 is added to read as 

follows: 

Subpart 3419.8—Contracting with the Small 

Business Administration 

Sec. 

3419.810 SBA appeals. 

3419.812 Contract administration. 

Subpart 3419.8—Contracting with the 

Small Business Administration 

3419.810 SBA appeals. 

(a) The SPE is the agency head for the 

purposes of FAR 19.810. 

3419.812 Contract administration. 

(d) The HCA is the agency head for 

the purposes of FAR 19.812(d). 

PART 3422—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 44. The authority citation for part 

3422 continues to read as follows: 

Authority: 5 U.S.C. 301 Subpart 3422.10— 

Service Contract Act of 1965, as Amended 

■ 45a. Subparts 3422.3, 3422.4, 3422.6, 

and 3422.8 are added to read as follows: 

Subpart 3422.3—Contract Work Hours and 

Safety Standards Act 

Sec. 

3422.302 Liquidated damages and overtime 

pay. 

Subpart 3422.4—Labor Standards for 

Contracts Involving Construction 

Sec. 

3422.406 Administration and enforcement. 

3422.406–8 Investigations. 

3422.406–9 Withholding from or 

suspension of contract payments. 

Subpart 3422.6—Walsh-Healy Public 

Contracts Act 

Sec. 

3422.604 Exemptions. 

3422.604–2 Regulatory exemptions. 

Subpart 3422.8—Equal Employment 

Opportunity 

Sec. 

3422.803 Responsibilities. 

3422.807 Exemptions. 

Subpart 3422.3—Contract Work Hours 

and Safety Standards Act 

3422.302 Liquidated damages and 

overtime pay. 

(c) The HCA is the agency head for 

the purposes of FAR 22.302(c). 

Subpart 3422.4—Labor Standards for 

Contracts Involving Construction 

3422.406 Administration and enforcement. 

3422.406–8 Investigations. 

(a) The Chief of the Contracting Office 

is responsible for conducting labor 

standards investigations as prescribed in 

FAR 22.406–8(a). 

(d) The SPE is the agency head’s 

designee for the purposes of FAR 

22.406–8(d). 

3422.406–9 Withholding from or 

suspension of contract payments. 

(b) The authority to suspend contract 

payments pursuant to FAR 22.406–9(b) 

is delegated, without power of 

redelegation, to the HCA. 

Subpart 3422.6—Walsh-Healy Public 

Contracts Act 

3422.604 Exemptions. 

3422.604–2 Regulatory exemptions. 

(b)(1) The SPE is the agency head for 

the purposes of FAR 22.604–2(b)(1). 

Subpart 3422.8—Equal Employment 

Opportunity 

3422.803 Responsibilities. 

(c) The SPE is the agency head for the 

purposes of FAR 22.803(c). 

3422.807 Exemptions. 

(a)(1) The SPE is the agency head for 

the purposes of FAR 22.807(a)(1). 

■ 45b. Add a heading for subpart 

3422.10 to read as follows: 

Subpart 3422.10—Service Contract 

Labor Standards 

Sections 3422.1002 and 3422.1002–1 

[Designated as subpart 3422.10]. 

■ 45c. Designate sections 3422.1002 and 

3422.1002–1 as subpart 3422.10. 

■ 45d. Subparts 3422.13 and 3422.14 

are added to read as follows: 

Subpart 3422.13—Special Disabled 

Veterans, Veterans of the Vietnam Era, and 

Other Eligible Veterans 

Sec. 

3422.1305 Waivers. 

3422.1310 Solicitation provision and 

contract clauses. 

Subpart 3422.14—Employment of Workers 

with Disabilities 

Sec. 

3422.1403 Waivers. 

3422.1408 Contract clause. 

Subpart 3422.13—Special Disabled 

Veterans, Veterans of the Vietnam Era, 

and Other Eligible Veterans 

3422.1305 Waivers. 

The SPE is the agency head for the 

purposes of FAR 22.1305. 

3422.1310 Solicitation provision and 

contract clauses. 

The SPE is the agency head for the 

purposes of FAR 22.1310(a)(1)(ii) and 

(a)(2). 


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Subpart 3422.14—Employment of 

Workers with Disabilities 

3422.1403 Waivers. 

The SPE is the agency head for the 

purposes of FAR 22.1403. 

3422.1408 Contract clause. 

The SPE is the agency head for the 

purposes of FAR 22.1408. 

PART 3425—FOREIGN ACQUISITION 

■ 46. The authority citation for part 

3425 continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 47. Revise subpart 3425.1 to read as 

follows: 

Subpart 3425.1—Buy American Act— 

Supplies 

Sec. 

3425.103 Exceptions. 

3425.105 Determining reasonableness of 

cost. 

Subpart 3425.1—Buy American Act— 

Supplies 

3425.103 Exceptions. 

(a) The authority to make the 

determination prescribed in FAR 

25.103(a) is delegated, without power of 

redelegation, to the HCA. 

3425.105 Determining reasonableness of 

cost. 

(a)(1) The authority to make the 

determinations prescribed in FAR 

25.105(a)(1) is delegated, without power 

of redelegation, to the HCA. 

■ 48. Add subparts 3425.2 and 3425.10 

to read as follows: 

Subpart 3425.2—Buy American Act— 

Construction Materials 

Sec. 

3425.202 Exceptions. 

3425.204 Evaluating offers of foreign 

construction material. 

Subpart 3425.10—Additional Foreign 

Acquisition Regulations 

Sec. 

3425.1001 Waiver of right to examination 

of records. 

Subpart 3425.2—Buy American Act— 

Construction Materials 

3425.202 Exceptions. 

(a)(1) The authority to make the 

determination prescribed in FAR 

25.202(a)(1) is delegated, without power 

of redelegation, to the HCA. 

3425.204 Evaluating offers of foreign 

construction material. 

(b) The HCA is the agency head for 

the purposes of FAR 25.204(b). 

Subpart 3425.10—Additional Foreign 

Acquisition Regulations 

3425.1001 Waiver of right to examination 

of records. 

(a)(2)(iii) The SPE is the agency head 

for the purposes of FAR 

25.1001(a)(2)(iii). 

PART 3427—PATENTS, DATA, AND 

COPYRIGHTS 

■ 49. The authority citation for part 

3427 continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 50. Add subpart 3427.3 to read as 

follows: 

Subpart 3427.3—Patent Rights under 

Government Contracts 

Sec. 

3427.303 Contract clauses. 

Subpart 3427.3—Patent Rights under 

Government Contracts 

3427.303 Contract clauses. 

The SPE is the agency head’s designee 

for the purposes of FAR 27.303. 

PART 3428—BONDS AND INSURANCE 

■ 51. The authority citation for part 

3428 continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 52. Add subpart 3428.1 to read as 

follows: 

Subpart 3428.1—Bonds and Other Financial 

Protections 

Sec. 

3428.101 Bid guarantees. 

3428.101–1 Policy on use. 

3428.106–6 Furnishing information. 

Subpart 3428.1—Bonds and Other 

Financial Protections 

3428.101 Bid guarantees. 

3428.101–1 Policy on use. 

(c) The SPE is the agency head’s 

designee for the purposes of FAR 

28.101–1(c). 

3428.106–6 Furnishing information. 

(c) The HCA is the agency head’s 

designee for the purposes of FAR 

28.106–6(c). 

■ 53. Add subpart 3428.2 to read as 

follows: 

Subpart 3428.2—Sureties and Other 

Securities for Bonds 

Sec. 

3428.203 Acceptability of individual 

surety. 

3428.203–7 Exclusion of individual 

sureties. 

Subpart 3428.2—Sureties and Other 

Securities for Bonds 

3428.203 Acceptability of individual 

surety. 

(g) Evidence of possible criminal or 

fraudulent activities by an individual 

surety must be referred to the Assistant 

Inspector General for Investigations. 

3428.203–7 Exclusion of individual 

sureties. 

The SPE is the agency head’s designee 

for the purposes of FAR 28.203–7. 

■ 54. A new part 3430 is added to 

subchapter E to read as follows: 

PART 3430—COST ACCOUNTING 

STANDARDS ADMINISTRATION 

Subpart 3430.2—CAS Program 

Requirements 

Sec. 

3430.201 Contract requirements. 

3430.201–5 Waiver. 

Authority: 5 U.S.C. 301; 40 U.S.C. 121(c); 

and 41 U.S.C. 3102. 

Subpart 3430.2—CAS Program 

Requirements 

3430.201 Contract requirements. 

3430.201–5 Waiver. 

(a) The SPE is the head of the agency 

for the purposes of FAR 30.201–5(a) and 

(b). 

■ 55. A new part 3431 is added to 

subchapter E to read as follows: 

PART 3431—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

Subpart 3431.1—Applicability 

Sec. 

3431.101 Objectives. 

Subpart 3431.2—Contracts with 

Commercial Organizations 

Sec. 

3431.205 Selected costs. 

3431.205–6 Compensation for personal 

services. 

3431.205–70 Noncontractor meals. 

3431.205–71 Noncontractor travel. 

3452.205–72 Clearance of conferences/

meetings. 

Authority: 5 U.S.C. 301; 40 U.S.C. 121(c); 

and 41 U.S.C. 3102. 

Subpart 3431.1—Applicability 

3431.101 Objectives. 

The SPE is the agency head’s designee 

for the purposes of FAR 31.101. 


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Subpart 3431.2—Contracts with 

Commercial Organizations 

3431.205 Selected costs. 

3431.205–6 Compensation for personal 

services. 

(g)(3) The HCA is the agency head’s 

designee for the purposes of FAR 

31.205–6(g)(3). 

3431.205–70 Noncontractor meals. 

Insert the clause at 3452.231–70 (Food 

Costs) in solicitations and contracts that 

include meetings/conferences where 

personnel other than Federal or 

contractor employees will participate. 

3431.205–71 Noncontractor travel. 

Insert the clause at 3452.231–71 

(Travel Costs) in solicitations and 

contracts where meetings/conferences 

where personnel other than Federal or 

contractor employees will participate. 

3431.205–72 Clearance of conferences/

meetings. 

Insert the clause at 3452.231–72 

(Clearance of Conferences/Meetings) in 

solicitations and contracts where 

meetings/conferences are contemplated 

to be arranged by the contractor. 

PART 3432—CONTRACT FINANCING 

■ 56. The authority citation for part 

3432 continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 57. Add subparts 3432.0, 3432.1, and 

3432.2 to read as follows: 

Subpart 3432.0—Scope of Part 

Sec. 

3432.006 Reduction or suspension of 

contract payments upon finding of fraud. 

3432.006–1 General. 

3432.006–2 Definitions. 

3432.006–3 Responsibilities. 

3432.006–4 Procedures. 

Subpart 3432.1—Noncommercial Item 

Purchase Financing 

Sec. 

3432.114 Unusual contract financing. 

Subpart 3432.2—Commercial Item Purchase 

Financing 

Sec. 

3432.201 Statutory authority. 

Subpart 3432.0—Scope of Part 

3432.006 Reduction or suspension of 

contract payments upon finding of fraud. 

3432.006–1 General. 

The SPE is the agency head for the 

purposes of FAR 32.006–1. 

3432.006–2 Definitions. 

‘‘Remedy Coordination Official’’ 

means the SPE. 

3432.006–3 Responsibilities. 

(b) Department personnel must report 

immediately and in writing any 

apparent or suspected instance where 

the contractor’s request for advance, 

partial, or progress payments is based 

on fraud. The report must be made to 

the Contracting Officer and the 

Assistant Inspector General for 

Investigations. The report must outline 

the events, acts, or conditions which 

indicate the apparent or suspected 

violation and include all pertinent 

documents. The Assistant Inspector 

General for Investigations must 

investigate, as appropriate. If 

appropriate, the Office of the Inspector 

General will provide a report to the SPE. 

3432.006–4 Procedures. 

The SPE is the agency head for the 

purposes of FAR 32.006–4. 

Subpart 3432.1—Noncommercial Item 

Purchase Financing 

3432.114 Unusual contract financing. 

The SPE is the agency head for the 

purposes of FAR 32.114. 

Subpart 3432.2—Commercial Item 

Purchase Financing 

3432.201 Statutory authority. 

The HCA is the agency head for the 

purposes of FAR 32.201. 

■ 58. Add sections 3432.703 and 

3432.703–3 to read as follows: 

3432.703 Contract funding requirements. 

3432.703–3 Contracts crossing fiscal 

years. 

(b) The HCA is the agency head for 

the purposes of FAR 32.703–3(b). 

■ 59. Add subpart 3432.9 to read as 

follows: 

Subpart 3432.9—Prompt Payment 

Sec. 

3432.902 Definitions. 

3432.906 Making payments. 

Subpart 3432.9—Prompt Payment 

3432.902 Definitions. 

Delivery Date. The date on which a 

product or service is deemed received 

by the Government. Delivery of any 

product or service after 4:30 p.m. local 

time will be deemed to have been 

received on the next calendar day for 

the purpose of computing the prompt 

payment date. 

3432.906 Making payments. 

(a) General. The HCA is the agency 

head for the purposes of FAR 32.906(a). 

PART 3433—PROTESTS, DISPUTES, 

AND APPEALS 

■ 60. The authority citation for part 

3433 continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 61. Revise section 3433.103 to read as 

follows: 

3433.103 Protests to the agency. 

(d)(4) The independent review as 

described in FAR 33.103(d)(4) must be 

performed by the Competition Advocate 

for the contracting activity. 

(f) Action upon receipt of protest. 

(1) For protests filed with the 

Department and received before award, 

the contracting office must first obtain 

the advice of the Office of the General 

Counsel when determining to proceed 

with the contract award. The 

determination must be approved by the 

HCA. In those cases where the 

Contracting Officer is also the HCA, the 

determination must be approved by the 

SPE. 

(3) For protests filed with the 

Department and received after award, 

the Contracting Officer must first obtain 

the advice of OGC before determining 

that continued performance is justified. 

The determination must be approved by 

the HCA. In those cases where the 

Contracting Officer is also the HCA, the 

determination must be approved by the 

SPE. 

■ 62. Add section 3433.104 to read as 

follows: 

3433.104 Protests to GAO. 

(a) General procedures. Contracting 

activities must consult OGC for 

guidance before taking any actions in 

response to a protest to GAO. 

■ 63. Add subpart 3433.2 to read as 

follows: 

Subpart 3433.2—Disputes and Appeals 

Sec. 

3433.203 Applicability. 

3433.211 Contracting Officer’s decision. 

Subpart 3433.2—Disputes and Appeals 

3433.203 Applicability. 

The SPE is the agency head for the 

purposes of FAR 33.203(b). 

3433.211 Contracting Officer’s decision. 

Prior to issuing a Contracting Officer’s 

final decision, the Contracting Officer 

should obtain assistance, when 

appropriate, from the Office of the 

General Counsel. 

■ 64. A new part 3434 is added to 

subchapter F to read as follows: 


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PART 3434—MAJOR SYSTEM 

ACQUISITION 

Subpart 3434.0—General 

Sec. 

3434.003 Responsibilities. 

3434.005 General requirements. 

3434.005–6 Full production. 

Authority: 5 U.S.C. 301. 

Subpart 3434.0—General 

3434.003 Responsibilities. 

(a) The SPE is the agency head’s 

designee for the purposes of FAR 

34.003(a). 

(b) The SPE is the agency head for the 

purposes of FAR 34.003(c) and the 

acquisition executive for the purposes of 

OMB Circular No. A–109. 

3434.005 General requirements. 

3434.005–6 Full production. 

The SPE is the agency head’s designee 

for the purposes of FAR 34.005–6. 

PART 3437—SERVICE CONTRACTING 

■ 65. The authority citation for part 

3437 continues to read as follows: 

Authority: 5 U.S.C. 301 and 20 U.S.C. 

1018a. 

■ 66. Revise subpart 3437.2 to read as 

follows: 

Subpart 3437.2—Advisory and Assistance 

Services 

Sec. 

3437.204 Guidelines for determining 

availability of personnel. 

3437.270 Services of consultants clause. 

Subpart 3437.2—Advisory and 

Assistance Services 

3437.204 Guidelines for determining 

availability of personnel. 

The HCA is the agency head for the 

purposes of FAR 37.204. 

3437.270 Services of consultants clause. 

The Contracting Officer must insert 

the clause at 3452.237–70 (Services of 

consultants) in all solicitations and 

resultant cost-reimbursement contracts 

for consultant services that do not 

provide services to FSA. 

■ 67. Add section 3437.601 to read as 

follows: 

3437.601 General. 

It is the Department’s policy that all 

new service contracts be performancebased, with clearly defined deliverables 

and performance standards. Any 

deviations from this policy must be 

fully justified in writing and approved 

by the Departmental Department’s 

Competition Advocate. 

PART 3439—ACQUISITION OF 

INFORMATION TECHNOLOGY 

■ 68. The authority citation for part 

3439 continues to read as follows: 

Authority: 5 U.S.C. 301 and 20 U.S.C. 

1018a. 

Section 3439.701 [Removed] 

■ 69. Remove section 3439.701. 

PART 3442—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 70. The authority citation for part 

3442 continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 71. Subpart 3442.6 is added to read as 

follows: 

Subpart 3442.6—Corporate Administrative 

Contracting Officer 

Sec. 

3442.602 Assignment and location. 

Subpart 3442.6—Corporate 

Administrative Contracting Officer 

3442.602 Assignment and location. 

The SPE is the agency head’s designee 

for the purposes of FAR 42.602(a). 

■ 72. Subpart 3442.7 is added to read as 

follows: 

Subpart 3442.7—Indirect Cost Rates 

Sec. 

3442.703 General. 

3442.703–2 Certificate of indirect costs. 

Subpart 3442.7—Indirect Cost Rates 

3442.703 General. 

3442.703–2 Certificate of indirect costs. 

(b) The HCA is the agency head’s 

designee for the purposes of FAR 

42.703–2(b). 

■ 73. Revise section 3442.7101 to read 

as follows: 

3442.7101 Policy and clause. 

(b) The Contracting Officer must 

insert the clause at 3452.242–73 

(Accessibility of meetings, conferences, 

and seminars to persons with 

disabilities) in all solicitations and 

contracts where conferences are 

contemplated. 

■ 74. A new part 3444 is added to 

subchapter G to read as follows: 

PART 3444—SUBCONTRACTING 

POLICIES AND PROCEDURES 

Subpart 3444.3—Contractor’s Purchasing 

System Reviews 

Sec. 

3444.302 Requirements. 

Authority: 5 U.S.C. 301. 

Subpart 3444.3—Contractor’s 

Purchasing System Reviews 

3444.302 Requirements. 

(a) The SPE is the head of the agency 

for the purposes of FAR 44.302(a). 

PART 3447—TRANSPORTATION 

■ 75. The authority citation for part 

3447 continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 76. Section 3447.701 is revised to read 

as follows: 

3447.701 Foreign travel clause. 

The Contracting Officer must insert 

the clause at 3452.247–70 (Foreign 

travel) in all solicitations and resultant 

cost reimbursement contracts where 

foreign travel is contemplated. 

■ 77. A new part 3448 is added to 

subchapter G to read as follows: 

PART 3448—VALUE ENGINEERING 

Subpart 3448.1—Policies and Procedures 

Sec. 

3448.102 Policies. 

Subpart 3448.2—Contract Clauses 

Sec. 

3448.201 Clauses for supply or service 

contracts. 

Authority: 5 U.S.C. 301. 

Subpart 3448.1—Policies and 

Procedures 

3448.102 Policies. 

(a) The authority to grant exemptions 

prescribed in FAR 48.102(a), or to 

extend future contract savings or 

sharing pursuant to FAR 48.102(g), is 

delegated, without power of 

redelegation, to the HCA. 

Subpart 3448.2—Contract Clauses 

3448.201 Clauses for supply or service 

contracts. 

The authority to determine 

exemptions prescribed in FAR 

48.201(a)(6) is delegated, without power 

of redelegation, to the HCA. 

PART 3452—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 78. The authority citation for part 

3452 continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 79. Add section 3452.204–70 to read 

as follows: 

3452.204–70 Maintenance and retention of 

government-owned/contractor-held Federal 

records. 

As prescribed in 3404.7001, insert the 

following clause: 


tkelley on DSK3SPTVN1PROD with PROPOSALS
41524 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Proposed Rules 

Maintenance and Retention of 

Government-Owned/Contractor-Held 

Federal Records (April 2012) 

(a) Government-Owned/ContractorHeld Federal Records. ‘‘GovernmentOwned/Contractor-Held Federal 

Records’’ include all records or data, 

regardless of format or media, created or 

produced under this contract, whether 

or not provided to the Government as a 

contract deliverable, that document 

contractor-operated Government 

activities and programs. GovernmentOwned/Contractor-Held Federal records 

may not include those Contractor 

records that relate exclusively to the 

contractor’s internal business or are of a 

general nature not specifically related to 

the performance of work under the 

contract or to the underlying 

Government activity/program. The 

contractor’s general policies, 

procedures, etc., that apply to the 

general conduct of its business do not 

fall under the purview of this clause. 

When in doubt, the Contractor must 

seek the Contracting Officer’s 

determination as to which records are 

subject to this clause. 

(b) Records Maintenance and 

Retention. The contractor must create, 

maintain, safeguard, and ensure final 

disposition of all Government-Owned/

Contractor-Held Federal records 

generated in connection with this 

contract in accordance with the Federal 

Records Act, (44 U.S.C. Chapters 21, 29, 

31, 33), National Archives and Records 

Administration (NARA) regulations (36 

CFR parts 1220–1239), Records 

Management and the NARA-approved 

records disposition schedules including 

the Department’s Records Retention and 

Disposition Schedules (OM:6–106, 11/

16/2007) and the Department’s Records 

and Information Management Program 

(OM:6–103, 01/30/2007). Maintenance 

of Government Owned/Contractor-Held 

Federal records, includes, but is not 

limited to, storage in accordance with 

NARA storage requirements (regardless 

of whether stored in contractor-owned 

or leased space), retrievability, and 

ensuring final disposition, including 

secure transfer of Federal records to a 

NARA-approved facility in a media 

neutral format and manner acceptable to 

NARA and the Department at the time 

of transfer. As directed by the 

Contracting Officer, the contractor must 

obtain prior approval from the 

Contracting Officer to destroy or remove 

records subject to this clause. 

(c) Segregation of Records. The 

contractor must ensure that 

Government-Owned/Contractor-Held 

Federal records are segregated from 

company-owned records and from 

nonrecord materials. This clause 

operates independently from and is not 

intended to affect, or be affected by, the 

contractor records provisions contained 

in FAR subpart 4.7 and the clauses 

referenced therein. 

(d) Coordination with Records 

Manager. The contractor, through the 

Contracting Officer, must coordinate 

with the Program Records Officer (PRO) 

and the Department’s Records Officer 

(RO), on matters requiring advice, such 

as marking and segregating such 

records, or technical assistance in all 

areas of management pertaining to such 

records. 

(e) Contract Completion or 

Termination. Upon contract completion 

or termination, the contractor must 

ensure final disposition of all 

Government-Owned/Contractor-Held 

Federal records to a Federal Record 

Center, NARA, to a successor contractor, 

its designee, or other destinations, as 

directed by the Contracting Officer. 

Contractor is responsible for the secure 

disposition of records, which include 

but is not limited to, the secure 

transport and temporary housing of all 

records. 

(f) Inspection and Audit. All 

Government-Owned/Contractor-Held 

Federal records are subject to 

inspection, copying and audit by the 

Government or its designee(s) at all 

reasonable times to ensure records are 

maintained in accordance with 

applicable records management laws 

and regulations. The contractor must 

afford the Government or its designee(s) 

reasonable facilities for such inspection, 

copying, and audit; provided, however, 

that upon request by the Contracting 

Officer, the contractor must deliver such 

records to a location specified by the 

Contracting Officer. 

(g) Applicability. This clause applies 

to all Government-Owned/ContractorHeld Federal records maintained by the 

contractor without regard to the date or 

origination of such records including all 

records acquired from a predecessor 

contractor. 

(h) Subcontracts. The contractor must 

include the requirements of this clause 

in all subcontracts awarded in 

association with this contract. 

■ 80. In section 3452.216–71, revise 

paragraph (e) of the award-term clause 

to read as follows: 

3452.216–71 Award-Term. 

* * * * * 

(e) The contract term or ordering 

period requires bilateral modification to 

reflect the ATRB’s decision to award 

and the contractor’s agreement to accept 

an Award Term. If the contract term or 

ordering period has one year remaining, 

the operation of the contract Award 

Term feature will cease and the contract 

term or ordering period will not extend 

beyond the maximum term stated in the 

contract. 

* * * * * 

■ 81. Add section 3452.217–70 to read 

as follows: 

3452.217–70 Evaluation of options to 

include award terms. 

As prescribed in 3417.208(c), insert a 

provision substantially the same as the 

following: 

EVALUATION OF OPTIONS TO INCLUDE 

AWARD TERMS (MAY 2013) 

This solicitation includes four optional 

periods of performance and up to four award 

terms. In accordance with the clause at 

3452.216.71, award terms must immediately 

follow the period in which the award term 

is earned, thereby pushing out remaining 

option periods each time an award term is 

earned. By identifying prices in Schedule B 

for periods of performance, the offeror agrees 

that subject prices apply to either the option 

periods of performance, or award terms, as 

appropriate. 

Except when it is determined not to be in 

the Government’s best interest, the 

Government will evaluate offers for award 

purposes by adding the total price for all 

options and potential award term periods to 

the total price of the basic requirement. 

Evaluation of options and award terms will 

not obligate the Government to exercise the 

options, nor extend the award term if the 

conditions at EDAR 3416.470(f) apply. 

Schedule B 

CLIN 0001 Base period of performance 

CLIN 0002 Base + one year (option or award 

term) 

CLIN 0003 Base + two years (option or award 

term) 

CLIN 0004 Base + three years (option or 

award term) 

CLIN 0005 Base + four years (option or award 

term) 

CLIN 0006 Base + five years (option or award 

term) 

CLIN 0007 Base + six years (option or award 

term) 

CLIN 0008 Base + seven years (option or 

award term) 

CLIN 0009 Base + eight years (option) 

[END OF CLAUSE] 

■ 82. Add section 3452.219–70 to read 

as follows: 

3452.219–70 Evaluation preference— 

targeted socioeconomic categories. 

EVALUATION PREFERENCE—TARGETED 

SOCIOECONOMIC CATEGORIES (MAY 

2013) 

As prescribed in 3419.70, insert a 

provision substantially the same as the 

following: 

This clause is to be read in harmony with 

any other evaluation clause incorporated. 

Preference provided under this clause takes 

precedence and all other clauses for the 

evaluation of offers hereby incorporate the 


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preference of the targeted socioeconomic 

categories contained herein. 

In order to help meet its socioeconomic 

goals, Offerors are advised that the 

Department of Education has identified this 

acquisition as one that has an evaluation 

preference for Historically Underutilized 

Business Zone (HUBZone) small businesses 

and Service-Disabled Veteran-Owned small 

businesses (SDVOSB). For evaluation 

purposes only, quotes received from 

HUBZone or SDVOSB small businesses will 

be reduced by 10 percent. Once reduced, all 

quotes or offers received as a result of this 

solicitation will be evaluated for award and 

award will be made to that offeror or quoter 

that offers the lowest evaluated price, 

technically acceptable solution. 

[END OF CLAUSE] 

■ 83. Add section 3452.231–70 to read 

as follows: 

3452.231–70 Food costs. 

As prescribed in 3431.205–70, insert 

a provision substantially the same as the 

following: 

FOOD COSTS (MAY 2013) 

No food may be provided under this 

contract or in association with this contract 

unless consent is provided below. The cost 

of food under this contract is unallowable 

unless the contractor receives written 

consent from the Contracting Officer prior to 

the incurrence of the cost. If the contractor 

wishes to be reimbursed for a food cost, there 

must be a request in writing at least 21 days 

prior to the day that costs would be incurred. 

The contractor must include in its request the 

following: the purpose of the event at which 

the food will be served, why the food is 

integral to fulfill a Government requirement 

in the contract, and the proposed costs. The 

lack of a timely response from the 

Contracting Officer must not constitute 

constructive acceptance of the allowability of 

the proposed charge. Fill-in Consent is 

hereby given to the contractor to lllll

. 

[END OF CLAUSE] 

■ 84. Add section 3452.231–71 to read 

as follows: 

3452.231–71 Travel costs. 

As prescribed in 3431.205–71, insert 

a provision substantially the same as the 

following: 

TRAVEL COSTS (MAY 2013) 

No invitational travel (defined as: Official 

Government travel conducted by a nonFederal employee in order to provide a 

‘‘Direct Service’’ [i.e., presenting on a topic, 

serving as a facilitator, serving on a Federal 

Advisory Committee Act, or advising in an 

area of expertise] to the Government) may be 

provided under this contract or in association 

with this contract unless consent is provided 

below. The cost of invitational travel under 

this contract is unallowable unless the 

contractor receives written consent from the 

Contracting Officer prior to the incurrence of 

the cost. If the contractor wishes to be 

reimbursed for a cost related to invitational 

travel, a request must be in writing at least 

21 days prior to the day that costs would be 

incurred. The contractor must include in its 

request the following: Why the invitational 

travel cost is integral to fulfill a Government 

requirement in the contract, and the 

proposed cost that must be in accordance 

with Federal Travel Regulations. The lack of 

a timely response from the Contracting 

Officer must not constitute constructive 

acceptance of the allowability of the 

proposed charge. 

Consent is hereby given to the contractor to 

llllll. 

[END OF CLAUSE] 

■ 85. Add section 3452.231–72 to read 

as follows: 

3452.231–72 Clearance of conferences/

meetings. 

As prescribed in 3431.205–72, insert 

a provision substantially the same as the 

following: 

CLEARANCE OF CONFERENCES/

MEETINGS (MAY 2013) 

Any hotel/venue contract that the 

Contractor negotiates must be reviewed by 

and receive concurrence from an Event 

Services Team member prior to final 

agreement. The Event Services staff can be 

contacted at (202) 401–3679 or 

event.services@ed.gov. 

Comps: The Contractors’ efforts to obtain 

comps on behalf of the Department will focus 

primarily on meeting rooms, audio-visual 

equipment, etc. The Contractor does not have 

authority to negotiate or accept room 

upgrades for Department or Contractor staff. 

Dual Compensation: Contractors are 

prohibited from receiving compensation from 

both the Department and any other source for 

conference planning performed pursuant to 

the terms of this Contract. If the vendor 

receives any compensation from another 

source as a result of conference services 

performed for the Department, the Contractor 

will report this compensation to the 

Contracting Officer and offset its invoice to 

the Department in an equal amount. 

[END OF CLAUSE] 

Section 3452.239–70 [Removed] 

■ 86. Remove section 3452.239–70. 

■ 87. Add subpart 3452.3, to read as 

follows: 

Subpart 3452.3—Provision and Clause 

Matrix 

Sec. 

3452.301 Solicitation provisions and 

contract clauses (Matrix). 

Subpart 3452.3—Provision and Clause 

Matrix 

3452.301 Solicitation provisions and 

contract clauses (Matrix). 

(a) The following matrix provides a 

summary of provisions and clauses 

contained in the EDAR and their 

appropriate use. For each provision or 

clause listed, the matrix provides— 

(1) Whether incorporation by 

reference is or is not authorized (see 

FAR 52.102); 

(2) The section of the Uniform 

Contract Format (UCF) in which it is to 

be located, if it is used in an acquisition 

that is subject to the UCF; 

(3) Its number; 

(4) The citation of the EDAR text that 

prescribes its use; and 

(5) Its title. 

(b) Because the matrix does not 

provide sufficient information to 

determine the applicability of a 

provision or clause in the ‘‘requiredwhen-applicable’’ and ‘‘optional’’ 

categories, contracting officers must 

refer to the EDAR text (cited in the 

matrix) that prescribes its use and the 

specific circumstances of the 

requirement being procured. 

KEY

Type of contract Contract purpose 

P or C = Provision or Clause 

IBR = Is Incorporation by Reference Authorized? 

UCF = Uniform Contract Format Section, When Applicable 

R = Required. 

A = Required when Applicable. 

O = Optional. 

FP SUP = Fixed-Price Supply 

CR SUP = Cost-Reimbursement Supply 

FP R&D = Fixed-Price Research & Development 

CR R&D = Cost-Reimbursement Research & Development 

FP SVC = Fixed-Price Service 

CR SVC = Cost-Reimbursement Service 

FP CON = Fixed-Price Construction 

CR CON = Cost-Reimbursement Construction 

T&M LH = Time & Materials/Labor Hours 

LMV = Leasing of Motor Vehicles 


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41526 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Proposed Rules 

KEY—Continued 

Type of contract Contract purpose 

COM SVC = Communication Services 

DDR = Dismantling, Demolition, or Removal of Improvements 

A&E = Architect-Engineering 

FAC = Facilities 

IND DEL = Indefinite Delivery 

TRN = Transportation 

SAP = Simplified Acquisition Procedures (excluding micro-purchases) 

UTL SVC = Utility Services 

CI = Commercial Items 

BILLING CODE 40008–01–P 


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EP16JY14.000</GPH>tkelley on DSK3SPTVN1PROD with PROPOSALS

PRINCIPLE TYPE AND/OR PURPOSE OF CONTRACT 

p u 

PROVISION OR CLAUSE PRESCRIBED OR IBR c FP CR FP CR FP CR FP CR TM LMV COM DDR A&E FAC 

IN c F SUP SUP R&D R&D SVC SVC CON CON LH svc 

3452.201-70 

Contracting Officer's 3401.670-3 c N H 0 0 0 0 0 0 Representative 0 0 0 0 0 0 0 0 

(COR). 

3452.202-1 

Definitions - 3402.201 c y I R R A R R Department of R R R R R R R 

Education. 

3452.204-70 

Maintenance and 

Retention of 3404.7001 c N I A Government- A A A A A A A 

Owned/ContractorHeld Federal Records. 

3452.208-71 Printing. 3408.870 c y A A A A A A 3452.208-72 

Paperwork Reduction 3408.871 c y I A A A A A A 

Act. 

3452.209-70 Conflict 3409.507-1 p N K R R R R R R of interest certification. 3452.209-71 Conflict 3409.507-2 c N I R R R R R R of interest. 3452.215-70 Release 3415.209 p y I A A A A A A A of restricted data. A A A A A A A 3452.218-70 

Additional cost 3416.307(b) c y I A A A A 

principles. 

3452.216-71 Award- 3416.470 c N H A A A A A A Term. A A A A A A A A 

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3452.217-

70 Evaluation of 3417 .208(c) p N L A A A A A A options to include A A A A A A A A 

award terms. 

3452.219-70 

Evalui!tion Preference 

- Taraeted 3419.70 c N B A Socioeconomic A A A A A A 

1 

3452.224-70 Release 

of information under 3424.203 c y I R R R R R R the Freedom of R R R R R R R R 

Information Act. 

3452.224-71 Notice 

about research 3424.170 p N H A A A A A A activities involving 

human subjects. 

3452.224-72 

Research activities 3424.170 c y H involving human A A A A A A 

subjects. 

3452.227-70 

Publication and 3427.409 c y I R R R R R R R R R R R R R R 

publicity. 

3452.227-71 3427.409 c y I R R R R R R Advertising of awards. R R R R R R R R 

3452.227-72 Use and 

nondisclosure 3427.409 c N I R R R R R R R R R R R R R R 

agreement. 

3452.227-73 

Limitations on the use 

or disclosure of 

Government-furnished 3427.409 c y I A A A A A A 

information marked 

with restrictive 

legends. 

3452.228-70 3428.311-2 c y I R R R R Required insurance. 

3452.231-70 Food 3431.205-70 c N I A A A A A A 

Costs 

3452.231-71 Travel 3431.205-71 c N I A Costs A A A A A 

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3452.231-73 

Clearance of 3431.205-73 c N I A A A A A A 

Conferences/Meetings 

3452.232-70 

Limitation of cost or 3432.705-2 c N I A A A A 

funds. 

3452.232-71 3432.705-2 p N I A A A A Incremental funding. 

3452.237-70 Services 3437.270 c N I A A A of consultants. 

3452.237-71 

Observance of 3437.170 c y H R R R R R administrative 

closures. 3452.239-71 Notice to 

offerors of Department 3439.702 p N I A A A A A A A A A 

security requirements. 

3452.239-72 

Department security 3439.702 c y I A A A A A A A A A 

requirements. 

3452.239-73 Federal 

desktop core 3439.703 c y H A A A A A A A A A configuration (FDCC) compatibility. 

3452.242-70 litigation 3442.7001 c y I R R R R and claims. 

3452.242-71 Notice to 

the Government of 3442.7002 c y I R R R R R R R R R R R R R R 

delays 

3452.242-73 

Accessibility of 

meetings, 3442.7101(b) c y I A A A A A A conferences, and 

seminars to persons 

with disabilities. 

3452.243-70 Key 3443.107 c N H A A A A personnel. 

3452.247-70 Foreign 3447.701 c y I A A A A travel. 

----
41530 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Proposed Rules 

[FR Doc. 2014–15695 Filed 7–15–14; 8:45 am] 

BILLING CODE 4000–01–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 130702585–4484–01] 

RIN 0648–BD42 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Special 

Management Zones for Five Delaware 

Artificial Reefs 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: NMFS extends for 15 days the 

comment period on the proposed rule to 

implement special management zones 

for five Delaware artificial reefs. 

DATES: The deadline for written 

comments on the proposed rule 

published on June 19, 2014 (79 FR 

35141), is extended from August 4, 

2014, to August 19, 2014. 

ADDRESSES: You may submit comments, 

identified NOAA–NMFS–2014–0060, by 

any of the following methods: 

• Federal e-rulemaking portal: Go to 

www.regulations.gov/#!docketDetail; 

D=NOAA-NMFS-2014-0060 click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail and Hand Delivery: John K. 

Bullard, Regional Administrator, NMFS, 

Greater Atlantic Regional Fisheries 

Office, 55 Great Republic Drive, 

Gloucester, MA 01930. Mark the outside 

of the envelope: ‘‘Comments on SMZ 

Measures.’’ 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

Copies of the Environmental 

Assessment and Initial Regulatory 

Flexibility Analysis (EA/IRFA) and 

other supporting documents for the 

Special Management Zones measures 

are available from Paul Perra, NOAA/

NMFS, Sustainable Fisheries Division, 

55 Great Republic Drive, Gloucester, 

MA 01930. The Special Management 

Zone measures document is also 

accessible via the Internet at: http://

www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Paul 

Perra, Fishery Policy Analyst, (978) 

281–9153. 

SUPPLEMENTARY INFORMATION: The 

Delaware Fish and Wildlife Department 

(DFW) requested that the Mid-Atlantic 

Fishery Management Council designate 

five artificial reef sites, currently 

permitted by the U.S. Corps of 

Engineers in the Exclusive Economic 

Zone (EEZ), as Special management 

Zones (SMZs) under the regulations 

implementing the Council’s Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan (FMP). The 

SMZ request noted that the DFW has 

received complaints from hook-and-line 

anglers regarding fouling of their fishing 

gear in commercial pots and lines on 

ocean reef sites for more than 10 years. 

It also noted that the U.S. Fish and 

Wildlife Service (FWS) Sportfish 

Restoration Program had notified DFW 

that these gear conflicts are not 

consistent with the objectives of the 

Sportfish Restoration Program, which 

provides funding for the building and 

maintenance of the artificial reefs. In 

order to comply with the goals of the 

Sportfish Restoration Program, the FWS 

is requiring that state artificial reef 

programs be able to limit gear conflicts 

by state regulations in state waters or by 

SMZs for sites in the EEZ. 

After considering the DFW request, 

the Council recommended that all five 

artificial reefs be established as SMZs 

through a regulatory amendment. The 

action, as proposed, would allow only 

hook-and-line and spear fishing 

(including the taking of fish by hand) in 

the artificial reef designated areas, and 

these measures should be implemented 

with a 500-yard (457.2-m) enforcement 

buffer around each artificial reef site. In 

response to the Council’s 

recommendation, NMFS developed a 

Draft Environmental Assessment and a 

proposed rule to implement the SMZs 

measures, as recommended by the 

Council, published in the Federal 

Register on June 19, 2014, (79 FR 

35141), with a 45-day comment period 

that closes August 4, 2014. 

Summer flounder, scup, and black sea 

bass are managed jointly by the Council 

and Atlantic States Marine Fisheries 

Commission. The comment period on 

the proposed rule is scheduled to close 

on August 4, 2014, the day before the 

start of the next meeting of the 

Commission, and a week before the next 

Council meeting. In order to provide 

further opportunity for the Commission 

and Council to formulate comments, 

and give more opportunity for the 

public to review and provide comments 

on the proposed rule to implement 

SMZs for five Delaware artificial reefs, 

NMFS is extending the comment period 

on the proposed rule until August 19, 

2014. 

Dated: July 11, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2014–16704 Filed 7–15–14; 8:45 am] 

BILLING CODE 3510–22–P 


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