Encouraging Contractor Policies To Ban Text Messaging While Driving (FAR Case 2009-028)

Summary:

FAC 2005-53 adopts as final, with changes, the interim rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13513, dated October 1, 2009, entitled "Federal Leadership on Reducing Text Messaging while Driving."

Supplementary Information:

I. Background

DoD, GSA, and NASA published an interim rule in the Federal Register at 75 FR 60264 on September 29, 2010, to amend the FAR to implement E.O. 13513 (October 1, 2009), published in the Federal Register at 74 FR 51225 on October 6, 2009, entitled "Federal Leadership on Reducing Text Messaging while Driving." The rule requires Government agencies to encourage Federal contractors and subcontractors to adopt and enforce policies that ban text messaging while driving. This requirement applies to all solicitations and contracts entered into on or after September 29, 2010. The interim rule encouraged contracting officers to modify existing contracts to include the FAR clause 52.223-18, Contractor Policy to Ban Text Messaging While Driving. The clause in the interim rule indicated that Federal contractors should adopt and enforce policies banning text messaging while driving company-owned or -rented vehicles or Government-owned vehicles; or privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. The interim rule clause also indicated that Federal contractors should conduct initiatives such as--

(1)  Establishing new rules and programs or re-evaluating existing programs to prohibit text messaging while driving; and

(2)  Education, awareness, and other outreach programs to inform employees about the safety risks associated with texting while driving.

As a result of public comments, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) changed "should" to "encouraged to" in this final rule clause. The revised language better aligns with the intent of the Executive Order. A corresponding change has been made to the clause title.

Five respondents submitted comments on the interim rule.

II. Discussion and Analysis of the Public Comments

The Councils reviewed the public comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments are provided here.

Dates:

The Effective Date for this final rule is 4 August 2011.

Click here to read the entire Federal Register notice for this rule.