[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74722-74723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30874]
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DEPARTMENT OF AGRICULTURE
48 CFR Part 422
RIN 0599-AA19
Office of Procurement and Property Management; Agriculture
Acquisition Regulation, Labor Law Violations
AGENCY: Office of Procurement and Property Management, Department of
Agriculture.
ACTION: Direct final rule.
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SUMMARY: The Office of Procurement and Property Management (OPPM) of
the Department of Agriculture (USDA) is amending the Agriculture
Acquisition Regulation (the ``AGAR'') to add a new clause at subpart
422.70 entitled ``Labor Law Violations.'' The rule is issued as a
direct final rule. Elsewhere in this issue of the Federal Register, we
are publishing a companion proposed rule under USDA's usual procedure
for notice and comment to provide a procedural framework to finalize
the rule. In the event that any significant adverse comments are
received, this direct final rule will be withdrawn.
DATES: This rule is effective February 29, 2012. Interested parties
should submit written comments to the Department of Agriculture on or
before January 30, 2012 to be considered in the formulation of a final
rule. If any timely significant adverse comments are received, this
final rule will be withdrawn in part or in whole by publication of a
document in the Federal Register within 30 days after the comment
period ends.
ADDRESSES: Submit comments identified in the subject line as ``48 CFR
422 Direct Final Rule'' by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected].
Mail: Office of Procurement and Property Management,
Procurement Policy Division, MAIL STOP 9306, U.S. Department of
Agriculture, 1400 Independence Avenue SW., Washington, DC 20250-9303.
Hand Delivery/Courier: Room 262, Reporters' Building, 300
7th Street SW., Washington, DC.
Instructions: All submissions must be identified as ``48 CFR 422
Direct Final Rule'' for this proposed rulemaking. Please include your
name, company name (if applicable), email address and/or phone number
where you can be contacted if additional clarification is required
regarding your comment(s).
FOR FURTHER INFORMATION CONTACT: Donna Calacone, Office of Procurement
and Property Management, at (202) 205-4036 or by mail at OPPM, MAIL
STOP 9304, U.S. Department of Agriculture, 1400 Independence Avenue
SW., Washington, DC 20250-9303. Please cite ``48 CFR 422 Direct Final
Rule'' in all correspondence.
SUPPLEMENTARY INFORMATION:
A. Background
The U.S. Department of Agriculture (USDA) highly respects and
follows the policies and laws regarding worker labor protections
particularly as they pertain to the acquisition process. To support
these objectives, this proposed rule adds a subpart and clause entitled
Labor Law Violations to the Agriculture Acquisition Regulation (AGAR).
The AGAR may be accessed at: http://www.dm.usda.gov/procurement/policy/agar.html. This clause is to be included in all USDA contracts that
exceed the simplified acquisition threshold, including all contract
options.
B. Regulatory Flexibility Act
USDA certifies that this proposed rule will not have a significant
impact on a substantial number of small entities as defined in the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. There is no additional
submission required as a result of this action. The rule will not have
a significant impact on the small business community or on a
substantial number of small businesses. The Department invites comment
on its estimates for the potential impact of this rulemaking on small
businesses.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
rule does not impose any recordkeeping or information collection
requirements that require approval by the Office of Management and
Budget.
D. Executive Orders 12866 and 13563
Executive Order 12866, ``Regulatory Planning and Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review,''
direct agencies to assess all costs and benefits of available
regulatory alternatives and, if
[[Page 74723]]
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasized the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. The Office of Management and Budget (OMB) designated this
rule as not significant according to Executive Order 12866 and
therefore this rule has not been reviewed by OMB.
E. Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not retroactive and does not preempt State
or local laws, regulations, or policies unless they present an
irreconcilable conflict with this rule. Before any judicial action may
be brought regarding the provisions of this rule, appeal provisions of
7 CFR parts 11 and 780 must be exhausted.
F. Executive Order 13132
This proposed rule has been reviewed in accordance with Executive
Order 13132, Federalism, and does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Provisions of this proposed rule will not have a substantial direct
effect on States or their political subdivisions or on the distribution
of power and responsibilities among the various government levels.
G. Unfunded Mandates Reform Act of 1995
This proposed rule contains no Federal mandates under the
regulatory provisions of Title II of the Unfunded Mandates Reform Act
of 1995 (UMRA), and therefore a written statement is not required.
H. Executive Order 12372
This proposed rule has been reviewed in accordance with Executive
Order 12372, Intergovernmental review of Federal programs, and does not
establish federal financial assistance or direct Federal development
with State and local governments, and is therefore outside the scope of
Executive Order 12372, which requires intergovernmental consultation
with State and local officials.
I. Executive Order 13175
This proposed rule has been reviewed in accordance with Executive
Order 13175, Consultation and Coordination With Indian Tribal
Governments, and does not have tribal implications or impose unfunded
mandates with Indian tribes.
J. E-Government Act Compliance
USDA is committed to compliance with the E-Government Act, which
requires Government agencies, in general, to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. This proposed rule requires one letter
from requestors which can be sent electronically to USDA. USDA will
continue to seek other avenues to increase electronically submitted
information.
List of Subjects in 48 CFR Part 422
Classified information, Computer technology, Government
procurement, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Department of
Agriculture amends 48 CFR part 422, as follows:
PART 422--[AMENDED]
0
1. The authority citation for part 422 continues to read as follows:
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
0
2. Subpart 422.70 is added to read as follows:
Subpart 422.70--Labor Law Violations
422.7001 Contract clause.
Insert the clause at 452.222-7001, Labor Law Violations, in
solicitations and contracts that exceed the simplified acquisition
threshold. Contracting officers shall report violations to the Office
of Procurement and Property Management, Procurement Policy Division,
within two working days following notification by the contractor.
452.222-7001 Labor Law Violations.
As prescribed in 422.7001, insert the following clause:
Labor Law Violations (August 2011)
In accepting this contract award, the contractor certifies that
it is in compliance with all applicable labor laws and that, to the
best of its knowledge, its subcontractors of any tier, and
suppliers, are also in compliance with all applicable labor laws.
The Department of Agriculture will vigorously pursue corrective
action against the contractor and/or any tier subcontractor (or
supplier) in the event of a violation of labor law made in the
provision of supplies and/or services under this or any other
government contract. The contractor is responsible for promptly
reporting to the contracting officer when formal allegations or
formal findings of non-compliance of labor laws are determined. The
Department of Agriculture considers certification under this clause
to be a certification for purposes of the False Claims Act. The
Department will cooperate as appropriate regarding labor laws
applicable to the contract which are enforced by other agencies.
(End of Clause)
Dated: November 17, 2011.
Lisa M. Wilusz,
Director, Office of Procurement and Property Management.
[FR Doc. 2011-30874 Filed 11-30-11; 8:45 am]
BILLING CODE 3410-98-P