4966 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket No. FAR 2014–0051, Sequence 

No. 8] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–80; 

Introduction 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Summary presentation of final 

rules. 

SUMMARY: This document summarizes 

the Federal Acquisition Regulation 

(FAR) rules agreed to by the Civilian 

Agency Acquisition Council and the 

Defense Acquisition Regulations 

Council (Councils) in this Federal 

Acquisition Circular (FAC) 2005–80. A 

companion document, the Small Entity 

Compliance Guide (SECG), follows this 

FAC. The FAC, including the SECG, is 

available via the Internet at http://

www.regulations.gov. 

DATES: For effective dates see the 

separate documents, which follow. 

FOR FURTHER INFORMATION CONTACT: The 

analyst whose name appears in the table 

below in relation to the FAR case. 

Please cite FAC 2005–80 and the 

specific FAR case number. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat at 202–501–4755. 

RULES LISTED IN FAC 2005–80 

Item Subject FAR case Analyst 

I .................................. Ending Trafficking in Persons ............................................................................................ 2013–001 Davis. 

II ................................. Management and Oversight of the Acquisition of Services ............................................... 2014–008 Jackson. 

III ................................ Technical Amendments 

SUPPLEMENTARY INFORMATION: 

Summaries for each FAR rule follow. 

For the actual revisions and/or 

amendments made by these rules, refer 

to the specific item numbers and 

subjects set forth in the documents 

following these item summaries. FAC 

2005–80 amends the FAR as specified 

below: 

Item I—Ending Trafficking in Persons 

(FAR Case 2013–001) 

This final rule amends the FAR to 

implement Executive Order 13627 and 

Title XVII of the National Defense 

Authorization Act for Fiscal Year 2013 

and promotes the United States policy 

prohibiting trafficking in persons. 

Contractors and subcontractors must 

disclose to employees the key 

conditions of employment, starting with 

wages and work location; no recruiting 

fees are allowed to be charged to 

employees. 

Compliance plans and annual 

certifications are required for portions of 

contracts over $500,000 performed 

outside the United States, except for 

commercially available off-the-shelf 

items of supply; plans shall be 

appropriate to the size and complexity 

of the contract or subcontract, and the 

nature and scope of the activities under 

the contract or subcontract. These plan 

exceptions will significantly reduce the 

impact on small entities. 

Contracting officers should specify in 

the contract whether a written employee 

work document is required, which 

notifies the employee of certain details 

about the work and about trafficking in 

persons. The contracting officer is also 

required to notify the agency Inspector 

General, debarring and suspending 

official, and, if appropriate, law 

enforcement of credible information 

regarding violations. The contracting 

officer is required to put into FAPIIS 

violations substantiated by the agency 

Inspector General, after a final agency 

determination. 

Item II—Management and Oversight of 

the Acquisition of Services (FAR Case 

2014–008) 

This final rule amends the FAR to 

implement a recommendation to 

strengthen guidance on service 

acquisitions by incorporating at FAR 

37.101 the definitions relating to 

‘‘uncompensated overtime’’ presently 

set forth in FAR 52.237–10(a), except 

that the defined term ‘‘uncompensated 

overtime rate’’ has been changed to 

‘‘adjusted hourly rate (including 

uncompensated overtime).’’ 

Additionally, the definition of the new 

term ‘‘adjusted hourly rate (including 

uncompensated overtime)’’ clarifies that 

the proposed hours per week include 

uncompensated overtime hours over 

and above the standard 40-hour work 

week. FAR 52.237–10 is further 

amended to clarify the application of 

the adjusted hourly rate, and 

categorization of proposed hours subject 

to the adjusted hourly rate. In addition, 

FAR 52.237–10 has been amended to 

reflect that all proposed labor hours 

subject to the adjusted hourly rate shall 

be identified as either regular or 

overtime hours, by labor categories. 

Finally, FAR 37.115–2 has been 

amended to add a paragraph (d) to 

clarify that when there is 

uncompensated overtime, the adjusted 

hourly rate, rather than the hourly rate 

shall be applied to all proposed hours, 

whether regular or overtime hours. 

This rule is not expected to have a 

significant cost or administrative impact 

on contractors or offerors. This final rule 

is also not expected to have a significant 

impact on contracting officers because it 

only clarifies policy that is already 

stated in the FAR. These requirements 

affect only the internal operating 

procedures of the Government. 

Item III—Technical Amendments 

Editorial changes are made at FAR 

46.202–4, 52.212–3, and 52.225–18. 

Dated: January 22, 2015. 

William Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

Federal Acquisition Circular (FAC) 

2005–80 is issued under the authority of 

the Secretary of Defense, the 

Administrator of General Services, and 

the Administrator for the National 

Aeronautics and Space Administration. 

Unless otherwise specified, all 

Federal Acquisition Regulation (FAR) 

and other directive material contained 

in FAC 2005–80 is effective March 2, 

2015. 


tkelley on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 4967 

Dated: January 22, 2015. 

Richard Ginman, 

Director, Defense Procurement and 

Acquisition Policy. 

Dated: January 22, 2015. 

Jeffrey A. Koses, 

Senior Procurement Executive/Deputy CAO, 

Office of Acquisition Policy, U.S. General 

Services Administration. 

Dated: January 21, 2015. 

William P. McNally, 

Assistant Administrator, Office of 

Procurement National Aeronautics and Space 

Administration. 

[FR Doc. 2015–01523 Filed 1–28–15; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 2, 9, 12, 22, 42, and 52 

[FAC 2005–80; FAR Case 2013–001; Item 

I; Docket 2013–0001; Sequence No. 1] 

RIN 9000–AM55 

Federal Acquisition Regulation; 

Ending Trafficking in Persons 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

strengthen protections against 

trafficking in persons in Federal 

contracts. These changes are intended to 

implement Executive Order (E.O.) 

13627, entitled ‘‘Strengthening 

Protections Against Trafficking in 

Persons in Federal Contracts,’’ and title 

XVII of the National Defense 

Authorization Act for Fiscal Year 2013. 

DATES: Effective: March 2, 2015. 

Applicability: Contracting officers 

shall modify, on a bilateral basis, 

existing indefinite-delivery/indefinitequantity contracts to include the clause 

for future orders, if additional orders are 

anticipated. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cecelia L. Davis, Procurement Analyst, 

at 202–219–0202, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 202–501– 

4755. Please cite FAC 2005–80, FAR 

Case 2013–001. 

SUPPLEMENTARY INFORMATION: 

I. Table of Contents 

I. Table of Contents 

II. Background 

III. Discussion and Analysis 

A. Summary of Significant Changes to the 

Proposed Rule 

B. Analysis of Public Comments 

Introduction: General Support for the Rule 

1. Applicability 

2. Definition or Clarification of Terms (FAR 

22.1702, 22.1703, 52.222–50, and 

52.222–56) 

3. Policy Prohibitions (FAR 22.1703(a) and 

52.222–50(b)) 

4. Compliance Plan/Certification (FAR 

22.1703(d) (now at Paragraph (c)), 

52.222–50(h), and 52.222–56) 

5. Full Cooperation (FAR 22.1703(d) and 

52.222–50(g)) 

6. Violations and Remedies (FAR 22.1704 

and 52.222–50(e) and (f)) 

7. Posting in the Federal Awardee 

Performance and Integrity Information 

System (FAPIIS) 

8. Harmonize With Contractor Code of 

Business Ethics and Conduct (FAR 

Subpart 3.10 and 52.203–13) 

9. Training 

10. Other 

11. Paperwork Reduction Act 

12. Regulatory Flexibility 

IV. Determinations 

V. Executive Orders 12866 and 13563 

VI. Regulatory Flexibility Act 

VII. Paperwork Reduction Act 

II. Background 

The United States has long had a 

policy prohibiting Government 

employees and contractor personnel 

from engaging in trafficking in persons 

activities, including severe forms of 

trafficking in persons. ‘‘Severe forms of 

trafficking in persons’’ is defined in 

section 103 of the Trafficking Victims 

Protection Act of 2000 (TVPA) (22 

U.S.C. 7102) to include the recruitment, 

harboring, transportation, provision, or 

obtaining of a person for labor or 

services, through the use of force, fraud, 

or coercion for the purpose of subjection 

to involuntary servitude, peonage, debt 

bondage, or slavery, and sex trafficking. 

FAR subpart 22.17 strengthens the 

efficacy of the policy prohibiting 

trafficking in persons by codifying 

trafficking-related prohibitions for 

Federal contractors and subcontractors. 

It provides for the use of a clause that 

requires contractors and subcontractors 

to notify Government employees of 

trafficking in persons violations and 

puts parties on notice that the 

Government may impose remedies, 

including termination, for failure to 

comply with the requirements. Recent 

studies of trafficking in persons, 

including findings made by the 

Commission on Wartime Contracting 

and agency Inspectors General, as well 

as testimony provided at congressional 

hearings, have identified a need for 

additional steps to prohibit trafficking 

in Government contracting—including 

regulatory action. 

E.O. 13627, entitled ‘‘Strengthening 

Protections Against Trafficking in 

Persons in Federal Contracts,’’ issued on 

September 25, 2012 (77 FR 60029, 

October 2, 2012), and title XVII, entitled 

‘‘Ending Trafficking in Government 

Contracting,’’ of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2013 (Pub. L. 112–239, 

enacted January 2, 2013) create a 

stronger framework to eliminate 

trafficking in persons from Government 

contracts. The E.O. and statute provide 

new policies applicable to all contracts 

that prohibit contractors and 

subcontractors from engaging in 

prohibited practices such as destroying, 

concealing, confiscating, or otherwise 

denying access by an employee to his or 

her identity or immigration documents; 

using misleading or fraudulent 

recruitment practices; charging 

employees recruitment fees; and 

providing or arranging housing that fails 

to meet the host country housing and 

safety standards. Additionally, the E.O. 

and statute provide new policies for 

contracts performed outside the United 

States that exceed $500,000, including a 

requirement for a compliance plan and 

annual certifications. 

Contractors and subcontractors are 

reminded of their responsibilities 

associated with H–1B, H–2A, and H–2B 

Programs or Migrant and Seasonal 

Agricultural Worker Protection Act 

(MSPA) and should act accordingly. 

Nothing in this rule shall be construed 

to permit a contractor or subcontractor 

from failing to comply with any 

provision of any other law, including, 

for example, the requirements of the 

MSPA, as amended, 29 U.S.C. 1801, et 

seq. and the Immigration and 

Nationality Act, in particular 

nonimmigrants entering the country 

under 8 U.S.C. 1101(a)(15)(H)(i)(b) (‘‘H– 

1B Program’’), 8 U.S.C. 

1101(a)(15)(H)(ii)(a) (‘‘H–2A Program’’), 

or 8 U.S.C. 1101(a)(15)(H) (ii)(b) (‘‘H–2B 

Program’’). The requirements of these 

programs were not incorporated into the 

FAR because this rule is implementing 

a specific statute and E.O. which are 

separate and apart from the immigration 

laws cited and because all of the 

responsibilities that employers have 

under H–1B, H–2A, and H–2B Programs 

or MSPA are already enumerated in law 

and separate regulations. 

The Federal Acquisition Regulatory 

Council, on March 5, 2013, sponsored a 

public meeting and request for comment 

on the implementation of E.O. 13627 

and title XVII of the NDAA for FY 2013. 

Feedback from that meeting has been 


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