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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
licensor to audit the end users compliance with this agreement is hereby amended as follows:
A Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.
B This charge, if disputed by the ordering activity, will be resolved in accordance with paragraph d of this clause; no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.
C Any audit requested by the contractor will be performed at the contractors expense, without reimbursement by the Government.
x Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.
xi Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Governments prior approval, except as expressly permitted under paragraph b of this clause.
xii Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed confidential information. Issues regarding release of unit pricing will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.
2 If any language, provision, or clause of this agreement conflicts or is inconsistent with paragraph w1 of this clause, the language, provisions, or clause of paragraph w1 shall prevail to the extent of such inconsistency.

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FR Doc. 202121629 Filed 10621; 8:45 am BILLING CODE 656050P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration 49 CFR Parts 382, 383, 384, 390, and 392
Docket No. FMCSA20170330
RIN 2126AC11

Controlled Substances and Alcohol Testing: State Drivers Licensing Agency Non-Issuance/Downgrade of Commercial Drivers License Federal Motor Carrier Safety Administration FMCSA, Department of Transportation DOT.
ACTION: Final rule.

1552.33239 Unenforceability of unauthorized obligations far deviation.

As prescribed in 1513.507b and 1532.1070, use clause 1552.33239
FAR DEVIATION instead of the nondeviated version for purchase orders, modifications and contracts that include commercial supplier agreements.
UNENFORCEABILITY OF
UNAUTHORIZED OBLIGATIONS FAR
DEVIATION OCT. 2021
a Except as stated in paragraph b of this clause, when any supply or service acquired
16:21 Oct 06, 2021

End of clause
AGENCY:

End of clause
VerDate Sep<11>2014

under this contract is subject to any commercial supplier agreement as defined in 1502.100 that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation 31 U.S.C. 1341, the following shall govern:
1 Any such language, provision, or clause is unenforceable against the Government.
2 Neither the Government nor any Government authorized end user shall be deemed to have agreed to such language, provision, or clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an I agree click box or other comparable mechanism e.g., click-wrap or browse-wrap agreements, execution does not bind the Government or any Government authorized end user to such clause.
3 Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.
b Paragraph a of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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FMCSA is amending its regulations to establish requirements for State Drivers Licensing Agencies SDLAs to access and use information obtained through the Drug and Alcohol Clearinghouse DACH or Clearinghouse, an FMCSAadministered database containing driver-specific controlled substance drug and alcohol records. SDLAs must not issue, renew, upgrade, or transfer a commercial drivers license CDL, or
SUMMARY:

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commercial learners permit CLP, as applicable, for any individual prohibited under FMCSAs regulations from performing safety-sensitive functions, including driving a commercial motor vehicle CMV, due to one or more drug and alcohol program violations. Further, SDLAs must remove the CLP or CDL privilege from the drivers license of an individual subject to the CMV driving prohibition, which would result in a downgrade of the license until the driver complies with return-to-duty RTD requirements. This rule also requires States receiving Motor Carrier Safety Assistance Program MCSAP
grant funds to adopt a compatible CMV
driving prohibition applicable to CLP
and CDL holders who violate FMCSAs drug and alcohol program requirements and makes clarifying and conforming changes to current regulations. The final rule will help keep unsafe drivers off the road by increasing compliance with the CMV driving prohibition.
DATES:
Effective date: November 8, 2021.
Compliance date: Compliance with the final rule is required November 18, 2024.
Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than November 8, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Gian Marshall, Drug and Alcohol Programs Division, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
205900001, clearinghouse@dot.gov, 202 3660928. If you have questions on viewing material in the docket, contact Dockets Operations, 202 366
9826.
SUPPLEMENTARY INFORMATION: This final rule is organized as follows:
I. Rulemaking Documents II. Executive Summary A. Purpose and Summary of the Regulatory Action B. Summary of Major Provisions C. Costs and Benefits III. Abbreviations and Acronyms IV. Legal Basis for the Rulemaking V. Background A. Purpose and Intent of State-Related Clearinghouse Requirements B. AAMVAs Petition for Reconsideration C. Impact of MAP21 on State Laws VI. Discussion of Proposed Rulemaking and Comments A. Proposed Rulemaking B. Comments and Responses VII. International Impacts VIII. Privacy Act Applicability IX. Explanation of Changes From the NPRM
X. Section-by-Section Analysis A. Part 382
B. Part 383

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