Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 1081 

1Paragraph (b)(2) relates to contracts using funds 

appropriated or otherwise made available by the 

American Recovery and Reinvestment Act of 2009 

(Pub. L. 111–5). 

.gov domains to state and local 

government entities. 

Under GSA’s DotGov program 

management and operations, domain 

registrations were approved based on 

established criteria, detailed in Federal 

Networking Council request for 

comments (RFC) 2146, May 1997 and in 

the Code of Federal Regulations—41 

CFR Part 102–173. GSA’s management 

of the DotGov program also included 

DotGov DNS Security (DNSSEC), which 

gives DNS queries origin authenticity 

and data integrity. This was 

accomplished by the inclusion of public 

keys and the use of digital signatures to 

DNS information. DNSSEC was 

deployed on the top level Gov domain 

root zone in January 2008 in accordance 

with OMB Memorandum M–08–23. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. 

III. Congressional Review Act 

This rule is not a major rule under 5 

U.S.C. 804(2). Subtitle E of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (codified at 5 

U.S.C. 801–808), also known as the 

Congressional Review Act or CRA, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. GSA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States. A major rule under the CRA 

cannot take effect until 60 days after it 

is published in the Federal Register. 

OIRA has determined that this is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

IV. Regulatory Flexibility Act 

This interim rule will not have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because it applies to agency 

management or personnel. Therefore, an 

Initial Regulatory Flexibility Analysis 

has not been performed. 

V. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FMR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public that require the approval of the 

Office of Management and Budget 

(OMB) under 44 U.S.C. 3501, et seq. 

VI. Determination To Issue an Interim 

Rule 

As discussed above, Congress 

mandated through the DOT Gov Online 

Trust in Government Act that GSA 

rescind the regulations contained in part 

102–173 of title 41, Code of Federal 

Regulations. As Congress has directed a 

specific regulator outcome through 

statute, this constitutes good cause to 

issue this as an interim rule with 

comment period. 

List of Subjects in 41 CFR Part 102–173 

Government property management; 

Internet Gov Domain. 

Robin Carnahan, 

Administrator. 

PART 102–173—[REMOVED] 

■ For the reasons set forth in the 

preamble, and under the authority of the 

DOTGOV Online Trust in Government 

Act of 2020 (Title IX, Division U, H.R. 

133, Consolidated Appropriations Act, 

2021), GSA removes 41 CFR part 102– 

173. 

[FR Doc. 2021–28421 Filed 1–7–22; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF STATE 

48 CFR Parts 615 and 652 

[Public Notice: 11611] 

RIN 1400–AE60 

Acquisition Regulation: Access to 

Contractor Records 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State (the 

Department) is finalizing an amendment 

to the Department of State Acquisition 

Regulation (DOSAR), to add a new 

contract clause relating to Department 

requests for examination of contractor 

records. 

DATES: This final rule is effective 

February 9, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Tandra A. Jones, Senior Procurement, 

Email: AcquisitionPolicy@state.gov. 

SUPPLEMENTARY INFORMATION: On July 2, 

2021, the Department published a notice 

of proposed rulemaking, proposing to 

add 48 CFR part 615, section 615.209– 

70, Examination of Records, and 48 CFR 

part 652, section 652.209–70, 

Examination of Records, to the 

Department of State Acquisition 

Regulation (DOSAR). 86 FR 35257. The 

Department provided 60 days for public 

comment. No comments were received. 

Accordingly, the Department is 

publishing this final rule. 

What is the authority for this rule? 

Title 41 of the U.S. Code, section 

4706, provides that the head of an 

executive agency, acting through an 

authorized representative, may, for the 

purpose of evaluating the accuracy, 

completeness, and currency of certified 

cost or pricing data required to be 

submitted pursuant to 41 U.S.C. chapter 

35 with respect to a contract or 

subcontract, examine all records of the 

contractor or subcontractor related to: 

• The proposal for the contract or 

subcontract; 

• the discussions conducted on the 

proposal; 

• pricing of the contract or 

subcontract; or 

• performance of the contract or 

subcontract. 

The Federal Acquisition Regulation 

(FAR), 48 CFR 15.209(b), Solicitation 

provisions and contract clauses, states 

(in summary) that, when contracting by 

negotiation, except as provided in 

paragraph (b)(2) of § 15.209,1 the 

contracting officer shall insert the clause 

at § 52.215–2, Audit and RecordsNegotiation, in solicitations and 

contracts except those for 

• Acquisitions not exceeding the 

simplified acquisition threshold; 

Æ The acquisition of utility services at 

rates not exceeding those established to 

apply uniformly to the general public, 

plus any applicable reasonable 

connection charge; or 

Æ The acquisition of commercial 

items exempted under § 15.403–1. 


khammond on DSKJM1Z7X2PROD with RULES
1082 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 

2 48 CFR 601.303. 

Why is the Department publishing this 

rule? 

The DOSAR implements the FAR 

(and therefore, the statute, 41 U.S.C. 

4706) for the Department of State.2 The 

Department has determined, after a 

review of the existing regulations, that 

further clarity is required regarding 

implementation of 41 U.S.C. 4706 as it 

relates to contracts other than contracts 

by negotiation (which, as noted, are 

already covered by FAR § 15.209(b)). 

For these reasons, the Department is 

adding § 615.209–70 to the DOSAR, 

requiring the contracting officer to insert 

a new clause, Examination of Records 

(proposed § 652.215–70), in all 

solicitations and contracts other than 

contracts by negotiation. 

Regulatory Findings 

Administrative Procedure Act 

In accordance with the provisions of 

the Administrative Procedure Act, the 

Department published this rulemaking 

as a proposed rule, and provided 60 

days for public comment. This final rule 

will be effective 30 days after 

publication. 

Regulatory Flexibility Act 

The Department of State, in 

accordance with the Regulatory 

Flexibility Act (5 U.S.C. 605(b)), has 

reviewed this regulation and, by 

approving it, certifies that this rule will 

not have a significant economic impact 

on small entities. This determination is 

based on the fact that this rulemaking 

clarifies within the DOSAR the 

authority of the Department to examine 

contractor records, which is already 

provided by statute. 

Congressional Review Act 

This rule is not a major rule as 

defined by 5 U.S.C. 804(2). 

Unfunded Mandates Act of 1995 

This will not result in the expenditure 

by State, local, and tribal governments, 

in the aggregate, or by the private sector, 

of $100 million or more in any year and 

it will not significantly or uniquely 

affect small governments. Therefore, no 

actions were deemed necessary under 

the provisions of the Unfunded 

Mandates Act of 1995. 

Executive Orders 12866 and 13563 

Executive Orders (E.O.) 12866 and 

13563 direct agencies to assess costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts and equity). 

E.O. 13563 emphasized the importance 

of quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. The 

Department has reviewed the regulation 

to ensure its consistency with the 

regulatory philosophy and principles set 

forth in the Executive Orders and finds 

that the benefits of this rule outweigh 

any costs, which the Department 

assesses to be minimal. As noted, this 

rule does not impose any new 

requirements on contractors. The Office 

of Information and Regulatory Affairs 

has determined that this regulation is 

‘‘not significant’’ under E.O. 12866. 

Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rulemaking will not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. 

Executive Order 13175 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

This rule does not add or revise any 

information collection requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. chapter 35. 

List of Subjects in 48 CFR Parts 615 and 

652 

Administrative practice and 

procedure, Government procurement. 

Accordingly, the Department of State 

amends 48 CFR chapter 6 as follows: 

PART 615—CONTRACTING BY 

NEGOTIATION 

■ 1. The authority citation for part 615 

continues to read as follows: 

Authority: 22 U.S.C. 2651a, 40 U.S.C. 

121(c) and 48 CFR chapter 1. 

■ 2. Section 615.209–70 is added to read 

as follows: 

615.209–70 Examination of records. 

The contracting officer shall insert the 

clause at 652.215–70, Examination of 

Records, in all solicitations and 

contracts other than those described in 

Federal Acquisition Regulation 

15.209(b)(1). 

PART 652—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 652 

continues to read as follows: 

Authority: 22 U.S.C. 2651a, 40 U.S.C. 

121(c) and 48 CFR chapter 1 

■ 4. Section 652.215–70 is added to read 

as follows: 

652.215–70 Examination of records. 

As prescribed in 615.209–70, insert 

the following clause. 

Examination of Records 

(a) With respect to matters related to 

this contract or a subcontract hereunder, 

the Department of State Office of the 

Inspector General, or an authorized 

representative, shall have upon request: 

(1) Complete, prompt, and free access 

to all Contractor and Subcontractor files 

(in any format), documents, records, 

data, premises, and employees, except 

as limited by law; and 

(2) The right to interview any current 

Contractor and Subcontractor personnel, 

individually and directly, with respect 

to such matters. 

(b) This clause may not be construed 

to require the contractor or any 

subcontractor to create or maintain any 

record that the contractor or 

subcontractor does not maintain in the 

ordinary course of business or pursuant 

to a provision of law. 

(c) The Contractor shall insert a clause 

containing all the terms of this clause, 

including this paragraph (c), in all 

subcontracts under this contract other 

than acquisitions described in Federal 

Acquisition Regulation 15.209(b)(1). 

(End of clause) 

Michael W. Derrios, 

Senior Procurement Executive, Office of the 

Procurement Executive, U.S. Department of 

State. 

[FR Doc. 2022–00073 Filed 1–7–22; 8:45 am] 

BILLING CODE 4710–24–P 


khammond on DSKJM1Z7X2PROD with RULES