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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules
charge; or 3 The acquisition of commercial items exempted under section 15.4031.
Why is the Department publishing this proposed 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 section 15.209b.
For these reasons, the Department proposes to add section 615.20970 to the DOSAR, requiring the contracting officer to insert a new clause, Examination of Records proposed section 652.21570, 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 is publishing this rulemaking as a proposed rule, and providing 60 days for public comment.
Regulatory Flexibility Act The Department of State, in accordance with the Regulatory Flexibility Act 5 U.S.C. 605b, has reviewed this regulation and, by approving it, certifies that this proposed rule will not have a significant economic impact on small entities. This determination is based on the fact that this proposed rulemaking clarifies within the DOSAR the authority of the Department to examine contractor records, which is already provided by statute.

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Unfunded Mandates Act of 1995
This proposed rule 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 2 48

CFR 601.303.

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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 of State does not consider this proposed rule to be an economically significant regulatory action under Executive Order 12866.
In addition, the Department is exempt from Executive Order 12866 except to the extent that it is promulgating regulations in conjunction with a domestic agency that are significant regulatory actions. The Department has nevertheless 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 proposed rule outweigh any costs, which the Department assesses to be minimal. As noted, this proposed rule does not impose any new requirements on contractors.
Executive Order 13132
The proposed 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 proposed 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 proposed 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 proposed rulemaking.
Paperwork Reduction Act This proposed 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.
For the reasons stated in the preamble, the Department of State proposes to amend 48 CFR chapter 6 as follows:

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PART 615CONTRACTING BY
NEGOTIATION
1. The authority citation for 48 CFR
part 615 continues to read as follows:

Authority: 22 U.S.C. 2651a, 40 U.S.C.
121c and 48 CFR chapter 1.

2. Section 615.20970 is added to read as follows:

615.20970

Examination of records.

The contracting officer shall insert the clause at 652.21570, Examination of Records, in all solicitations and contracts other than those described in Federal Acquisition Regulation 15.209b1.
PART 652SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. The authority citation for 48 CFR
part 652 continues to read as follows:

Authority: 22 U.S.C. 2651a, 40 U.S.C.
121c and 48 CFR chapter 1.

4. Section 652.21570 is added to read as follows:

652.21570

Examination of Records.

As prescribed in 615.20970, insert the following clause.
Examination of Records ABBREVIATED
MONTH AND YEAR 30 DAYS AFTER DATE
OF PUBLICATION OF FINAL RULE
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 15.209b1.

End of clause Zachary A. Parker, Director, U.S. Department of State.
FR Doc. 202113740 Filed 7121; 8:45 am BILLING CODE 471024P

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