Federal Acquisition Regulation; FAR Case 2009-005, Use of Project Labor Agreements for Federal Construction Projects, 33953-33957 [E9-16619]

Download as PDF Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that has federalism implications and that preempts State law unless the Agency consults with State and local officials early in the process of developing the proposed regulation. 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, as specified in Executive Order 13132, because it merely approves a State rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. Thus, the requirements of section 6 of the Executive Order do not apply to this rule. sroberts on DSKD5P82C1PROD with PROPOSALS F. Executive Order 13175, Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by Tribal officials in the development of regulatory policies that have Tribal implications.’’ This proposed rule does not have Tribal implications, as specified in Executive Order 13175. It will not have substantial direct effects on Tribal governments, on the relationship between the Federal government and Indian Tribes, or on the distribution of power and responsibilities between the Federal government and Indian Tribes. Thus, Executive Order 13175 does not apply to this rule. EPA specifically solicits additional comment on this proposed rule from Tribal officials. approves a State rule implementing a Federal standard. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12 of the National Technology Transfer and Advancement Act (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use ‘‘voluntary consensus standards’’ (VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical. The EPA believes that VCS are inapplicable to this action. Today’s action does not require the public to perform activities conducive to the use of VCS. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 30, 2009. Jane Diamond, Acting Regional Administrator, Region IX. [FR Doc. E9–16642 Filed 7–13–09; 8:45 am] BILLING CODE 6560–50–P G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5–501 of the Executive Order has the potential to influence the regulation. This rule is not subject to Executive Order 13045, because it VerDate Nov<24>2008 16:06 Jul 13, 2009 Jkt 217001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 33953 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 17, 22, 36, and 52 [FAR Case 2009–005; Docket 2009–0024; Sequence 1] RIN 9000–AL31 Federal Acquisition Regulation; FAR Case 2009–005, Use of Project Labor Agreements for Federal Construction Projects AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13502, Use of Project Labor Agreements for Federal Construction Projects. The new E.O. encourages Federal departments and agencies to consider requiring the use of project labor agreements for Federal construction projects where the total cost to the Government is more than $25 million in order to promote economy and efficiency in Federal procurement. DATES: Interested parties should submit written comments to the Regulatory Secretariat on or before August 13, 2009 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAR case 2009–005 by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FAR Case 2009–005’’ under the heading ‘‘Comment or Submission’’. Select the link ‘‘Send a Comment or Submission’’ that corresponds with FAR Case 2009–005. Follow the instructions provided to complete the ‘‘Public Comment and Submission Form’’. Please include your name, company name (if any), and ‘‘FAR Case 2009– 005’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, Washington, DC 20405. Instructions: Please submit comments only and cite FAR case 2009–005 in all E:\FR\FM\14JYP1.SGM 14JYP1 33954 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules sroberts on DSKD5P82C1PROD with PROPOSALS correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Ernest Woodson, Procurement Analyst, at (202) 501–3775. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAR case 2009–005. SUPPLEMENTARY INFORMATION: A. Background On February 6, 2009, the President issued E.O. 13502 which encourages executive agencies to consider requiring the use of project labor agreements in connection with large scale construction projects in order to promote economy and efficiency in Federal procurement. The E.O. encourages executive departments and agencies to consider the use of project labor agreements for construction projects where the total cost to the Government is valued at $25 million or more and permits agencies on a project-by-project basis to require the use of a project labor agreement where certain criteria would be met. The term ‘‘project labor agreement’’ means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f). The E.O. describes how project labor agreements may help agencies manage workforce challenges that arise in connection with large-scale construction projects. For example, large-scale construction projects typically involve multiple employers at a single location. The E.O. explains that a ‘‘lack of coordination among various employers, or uncertainties about the terms and conditions of employment of various groups of workers, can create friction and disputes in the absence of an agreed-upon resolution and mechanism’’. The use of project labor agreements may ‘‘prevent these problems from developing by providing structure and stability to large-scale construction projects thereby promoting the efficient and expeditious completion of Federal construction contracts.’’ A project labor agreement may help an agency manage these problems by providing an agreed-upon resolution mechanism that promotes the efficient and expeditious completion of Federal construction projects. In accordance with E.O. 13502, this proposed rule amends the FAR to— VerDate Nov<24>2008 16:06 Jul 13, 2009 Jkt 217001 • Provide a new FAR Subpart 22.5, Use of Project Labor Agreements for Federal Construction Projects. • Add a new provision at 52.222–XX, Notice of Requirement for Project Labor Agreement, to be included in solicitations where the agency has exercised its discretion to require a project labor agreement as prescribed at FAR 22.505(a). • Add a new clause 52.222–YY, Project Labor Agreement, to be included in contracts in accordance with FAR 22.505(b). The Councils invite comment on the process, in which the solicitation incorporates the provision providing for submission of the project labor agreement prior to the contract award (i.e., should agencies require this from each offeror as part of its bid or only from an apparent successful offeror). The Councils are also considering factors for the contracting officer to consider, on a project-by-project basis, in determining whether use of a project labor agreement will be in the best interest of the Government. The Councils welcome public comment on the factors that should be considered, such as the difficulty of coordinating multiple contracts in the absence of a project labor agreement, the importance of timely project completion, etc. The Director of the Office of Management and Budget (OMB) is working with the Secretary of Labor and other officials, to provide recommendations to the President on whether to broaden the application of project labor agreements on both construction projects awarded under Federal contracts and construction projects receiving Federal financial assistance, to promote the economical, efficient, and timely completion of such projects. This is a significant regulatory action and, therefore, was subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The Councils do not expect this proposed rule to 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 the rationale for this determination is based on the discretionary nature of the regulation being promulgated and the fact that the application of the rule is only in connection with large scale construction projects over $25 million (those that would likely impact large businesses). Therefore, an Initial PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 Regulatory Flexibility Analysis has not been performed. The Councils will consider comments from small entities concerning the affected FAR Parts 2, 17, 22, 36, and 52, in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq.; (FAR case 2009–005), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) addresses the collection of information by the Federal government from individuals, small businesses and state and local governments and seeks to minimize the burdens such information collection requirements might impose. A collection of information includes providing answers to identical questions posed to, or identical reporting or record-keeping requirements imposed on ten or more persons, other than agencies, instrumentalities, or employees of the United States. In accordance with the requirements of the Paperwork Reduction Act, agencies may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number or the number appears in the Code of Federal Regulations (see FAR 1.106). The Paperwork Reduction Act (Pub. L. 104–13) applies because the proposed rule contains information collection requirements. Accordingly, the Regulatory Secretariat will submit a request for approval of a new information collection requirement concerning FAR Case 2009–005 to the OMB under 44 U.S.C. Chapter 35, et seq. Pursuant to 44 U.S.C. 3506(c)(2)(B), the Councils solicit comments concerning: whether these information collection requirements are necessary for the Government to properly perform its functions, including whether the information has practical utility; the accuracy of the estimates of the burden of the information collection requirements; the quality, utility, and clarity of the information to be collected; and whether the burden of collecting information on those who are to respond, including through the use of automated collection techniques or other forms of information technology, may be minimized. The rule will apply to large-scale construction projects where the cost to the Government is $25 million or more and where agencies have determined that use of a project labor agreement, in accordance with requirements prescribed by this rule, will advance the E:\FR\FM\14JYP1.SGM 14JYP1 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules Government’s interest in achieving economy and efficiency in the resulting procurement. Most prime contractors for such projects are large business concerns. We estimate the annual total burden hours as follows: Based on Fiscal Year 2008 data regarding the types of contracts to which this information collection applies, it is estimated that there are approximately 300 large-scale construction contracts (including Architectural and Engineering contracts) exceeding $25 million that could be subject to an agency determination for use of project labor agreements. Based on advice of labor advisors, approximately 10 percent of these types of projects may be deemed appropriate for a project labor agreement. Therefore, it is estimated the information collection requirement would apply to approximately 30 large-scale construction contracts per year. Each contract would require one project labor agreement submission prior to or after award; therefore, the estimated number of annual respondents is 30. Project labor agreements are often negotiated in advance of the solicitation phase for a procurement, as the large-scale projects are defined. The estimated time for reporting of this information is 1 hour to cover copying and submitting the agreement to the Government. We estimate the total annual public cost burden for these elements to be $900, based on the following: 30 ×1 Responses ......................................... Hours per response .......................... 30 ×1 Total hours ............................... Cost per hour ................................... 30 × $30 Total annual cost to public ...... sroberts on DSKD5P82C1PROD with PROPOSALS Respondents ..................................... Responses/respondent ..................... $900 D. Request for Comments Regarding Paperwork Burden Submit comments, including suggestions for reducing this burden, not later than August 13, 2009 to: FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to the General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW, Room 4041, Washington, DC 20405. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the VerDate Nov<24>2008 16:06 Jul 13, 2009 Jkt 217001 quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Requester may obtain a copy of the justification from the General Services Administration, Regulatory Secretariat (VPR), Room 4041, Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control Number 9000–00XX, Use of Project Labor Agreements for Federal Construction Projects, in all correspondence. List of Subjects in 48 CFR Parts 2, 17, 22, 36, and 52 Government procurement. Dated: July 9, 2009. Al Matera, Director, Office of Acquisition Policy. Therefore, the Councils propose amending 48 CFR parts 2, 17, 22, 36, and 52 as set forth below: 1. The authority citation for 48 CFR parts 2, 17, 22, 36, and 52 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). PART 2—DEFINITIONS OF WORDS AND TERMS 2.101 [Amended] 2. Amend section 2.101(b)(2) in the third sentence in the definition ‘‘Construction’’ by removing the words ‘‘personal property’’ and adding ‘‘personal property (except that for use in Subpart 22.5, see the definition at 22.502).’’ 33955 Subpart 22.5 Use of Project Labor Agreements for Federal Construction Projects. Sec. 22.501 Scope of subpart. 22.502 Definitions. 22.503 Policy. 22.504 General requirements for project labor agreements. 22.505 Solicitation provision and contract clause.1 22.501 Scope of subpart. This subpart prescribes policies and procedures to implement Executive Order 13502, February 6, 2009. 22.502 Definitions. As used in this subpart— Construction means construction, rehabilitation, alteration, conversion, extension, repair, or improvement of buildings, highways, or other real property. Labor organization means a labor organization as defined in 29 U.S.C. 152(5). Large-scale construction project means a construction project, including all contracts associated with the project, where the total cost to the Federal Government is $25 million or more. Project labor agreement means a prehire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f). 22.503 Policy. PART 17—SPECIAL CONTRACTING METHODS Project labor agreements are a tool that agencies may use to promote economy and efficiency in Federal procurement. Pursuant to Executive Order 13502, agencies are encouraged to consider requiring the use of project labor agreements in connection with large-scale construction projects. 3. In section 17.603 revise paragraph (c) to read as follows: 22.504 General requirements for project labor agreements. 17.603 Limitations. * * * * * (c) For use of project labor agreements, see Subpart 22.5. PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 4. In section 22.101–1 revise paragraph (b)(2) to read as follows: * * * * * (b)(1) * * * * (2) For use of project labor agreements, see Subpart 22.5. 5. Add Subpart 22.5 to Part 22 to read as follows: PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 (a)(1) Agencies may require the use of project labor agreements where use of such agreements will— (i) Advance the Federal Government’s interest in achieving economy and efficiency in Federal procurement, producing labor-management stability, and ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other matters; and, (ii) Be consistent with law. (2) If an agency determines that use of a project labor agreement will meet the standards set forth in paragraphs (a)(1)(i) and (ii) of this section, the agency has complete discretion— E:\FR\FM\14JYP1.SGM 14JYP1 33956 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules (i) To require that every contractor and subcontractor on the project agree, for that project, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations; or (ii) To decide not to require the use of a project labor agreement. (b) Project labor agreements established under this subpart shall— (1) Bind all contractors and subcontractors on the construction project to comply with the project labor agreement; (2) Allow all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements; (3) Contain guarantees against strikes, lockouts, and similar job disruptions; (4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement; (5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and (6) Fully conform to all statutes, regulations, and Executive orders. sroberts on DSKD5P82C1PROD with PROPOSALS 22.505 Solicitation provision and contract clause. (a)(1) For acquisition of large-scale construction projects, if the agency makes a determination pursuant to this subpart that a project labor agreement will be required, the contracting officer shall insert the provision at 52.222–XX, Notice of Requirement for Project Labor Agreement, in all solicitations associated with the project. (2) If an agency allows submission of the project labor agreement after contract award, the contracting officer shall use the provision with its Alternate I in accordance with agency procedures. (b)(1) For acquisition of large-scale construction projects, if the agency makes a determination pursuant to this subpart that a project labor agreement will be required, the contracting officer shall insert the clause at 52.222–YY, Project Labor Agreement in all contracts associated with the project. (2) If an agency allows submission of the project labor agreement after contract award, the contracting officer shall use the clause with its Alternate I in accordance with agency procedures. PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 6. In section 36.202 revise paragraph (d) to read as follows: 36.202 * * Specifications. * VerDate Nov<24>2008 * * 18:27 Jul 13, 2009 Jkt 217001 (d) For requirements on the use of project labor agreements for Federal construction projects, see part 22, Subpart 22.5 of this chapter. * * * * * PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 7. Add section 52.222–XX to read as follows: 52.222–XX Notice of Requirement for Project Labor Agreement. As prescribed in 22.505(a)(1), insert the following provision: NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT (DATE) (a) Definitions. Labor organization and project labor agreement, as used in this provision, are defined in the clause of this solicitation entitled Project Labor Agreement. (b) Consistent with applicable law, the apparent successful offeror will be required to execute a project labor agreement with one or more appropriate labor organizations for the term of the resulting construction contract. (c) Any project labor agreement reached pursuant to this provision shall— (1) Bind the offeror and all subcontractors on the construction project to comply with the project labor agreement; (2) Allow the offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements; (3) Contain guarantees against strikes, lockouts, and similar job disruptions; (4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the project labor agreement; (5) Provide other mechanisms for labormanagement cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and (6) Fully conform to all statutes, regulations, and Executive orders. (d) Any project labor agreement reached pursuant to this provision does not change the terms of this contract or provide for any price adjustment by the Government. (e) The Government will not participate in the negotiations of any project labor agreement. (f) The apparent successful offeror shall submit to the Contracting Officer a copy of the project labor agreement—reached pursuant to this provision prior to contract award. (End of Provision) Alternate I (DATE) As prescribed in 22.505(a)(2), substitute the following paragraph (b) in lieu of paragraphs (b) through (f) of the basic clause: (b) Consistent with applicable law, the contractor agrees to bargain in good faith to a project labor agreement with one or more appropriate labor organizations for the term of the resulting construction contract. PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 8. Add section 52.222–YY to read as follows: 52.222–YY Project Labor Agreement. As prescribed in 22.505(b)(1), insert the following clause: PROJECT LABOR AGREEMENT (DATE) (a) Definitions. As used in this clause— Labor organization means a labor organization as defined in 29 U.S.C. 152(5). Project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f). (b) The Contractor shall maintain in a current status throughout the life of the contract the project labor agreement entered into prior to the award of this contract in accordance with solicitation provision 52.222–XX, Notice of Requirement for Project Labor Agreement. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts. (End of Clause) Alternate I (Date). As prescribed in 22.505(b)(2), substitute the following paragraphs (b) through (g) for paragraphs (b) and (c) of the basic clause: (b) Consistent with applicable law, the contractor agrees to bargain in good faith to a project labor agreement with one or more appropriate labor organizations for the term of this construction contract. The contractor shall submit an executed copy of the project labor agreement to the Contracting Officer. (c) Any project labor agreement reached pursuant to this clause shall— (1) Bind the Contractor and all subcontractors on the construction project to comply with the project labor agreement; (2) Allow the Contractor and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements; (3) Contain guarantees against strikes, lockouts, and similar job disruptions; (4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the project labor agreement; (5) Provide other mechanisms for labormanagement cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and (6) Fully conform to all statutes, regulations, and Executive orders. (d) Any project labor agreement reached pursuant to this provision does not change the terms of this contract or provide for any price adjustment by the Government. (e) The Government will not participate in the negotiations of any project labor agreement. E:\FR\FM\14JYP1.SGM 14JYP1 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules (f) The Contractor shall maintain in a current status throughout the life of the contract the project labor agreement entered into pursuant to this clause. (g) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (g), in all subcontracts. (End of Provision) [FR Doc. E9–16619 Filed 7–10–09; 11:15 am] BILLING CODE 6820–EP–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS-R9-IA-2009-0016; 96100-1671-9FLSB6] Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List 14 Parrot Species as Threatened or Endangered sroberts on DSKD5P82C1PROD with PROPOSALS AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of 90–day petition finding and initiation of status review. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 90–day finding on a petition to list as threatened or endangered under the Endangered Species Act of 1973, as amended (Act), the following 14 parrot species: Blue-throated macaw (Ara glaucogularis), blue-headed macaw (Primolius couloni), crimson shining parrot (Prosopeia splendens), great green macaw (Ara ambiguus), greycheeked parakeet (Brotogeris pyrrhoptera), hyacinth macaw (Anodorhynchus hyacinthinus), military macaw (Ara militaris), Philippine cockatoo (Cacatua haematuropygia), red-crowned parrot (Amazona viridigenalis), scarlet macaw (Ara macao), thick-billed parrot (Rhynchopsitta pachyrhyncha), white cockatoo (Cacatua alba), yellow-billed parrot (Amazona collaria), and yellowcrested cockatoo (Cacatua sulphurea). The thick-billed parrot is listed as an endangered species under the Act throughout its range. As such, we will not be addressing it further as part of this petition. We have also previously determined that the blue-throated macaw warrants listing in response to a 1991 petition and has been a candidate species since. Because we have recently re-evaluated the status of this species as part of our 2008 Annual Notice of Review, we will not address it further as part of this petition. We find that the petition presents substantial scientific VerDate Nov<24>2008 16:06 Jul 13, 2009 Jkt 217001 or commercial information indicating that listing the remaining 12 species of parrots may be warranted. Therefore, with the publication of this notice, we are initiating a status review of these 12 species of parrots to determine if listing is warranted. To ensure that the status reviews are comprehensive, we are soliciting scientific and commercial data regarding these 12 species. Additionally, we are seeking any recent information concerning the bluethroated macaw so that it can be taken into consideration in our evaluation of its status when we do our re-evaluation as part of the 2009 Annual Notice of Review. DATES: We made the finding announced in this document on July 14, 2009. To allow us adequate time to conduct the 12–month status review, we request that we receive information on or before September 14, 2009. ADDRESSES: You may submit information by one of the following methods: • Federal rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R9IA-2009-0016; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. We will not accept e-mail or faxes. We will post all comments on http:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the Information Solicited section below for more information). FOR FURTHER INFORMATION CONTACT: Douglas Krofta, Chief, Branch of Listing, Endangered Species, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 420, Arlington, Virginia 22203; telephone 703-358-2105. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339. SUPPLEMENTARY INFORMATION: Information Solicited When we make a finding that substantial information is presented to indicate that listing a species may be warranted, we are required to promptly commence a review of the status of the species. To ensure that the status review is complete and based on the best available scientific and commercial information, we are soliciting information on the following 12 parrot species: Blue-headed macaw (Primolius couloni), crimson shining parrot (Prosopeia splendens), great green macaw (Ara ambiguus), grey-cheeked PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 33957 parakeet (Brotogeris pyrrhoptera), hyacinth macaw (Anodorhynchus hyacinthinus), military macaw (Ara militaris), Philippine cockatoo (Cacatua haematuropygia), red-crowned parrot (Amazona viridigenalis), scarlet macaw (Ara macao), white cockatoo (Cacatua alba), yellow-billed parrot (Amazona collaria), and yellow-crested cockatoo (Cacatua sulphurea). We request scientific and commercial information from the public, concerned governmental agencies, the scientific community, industry, or any other interested parties on the status of the 12 parrot species that will be addressed as part of this petition, as well as the bluethroated macaw (Ara glaucogularis), throughout their range, including but not limited to: (1) Information on taxonomy, distribution, habitat selection and trends (especially breeding and foraging habitats), diet, and population abundance and trends (especially current recruitment data) of these species. (2) Information on the effects of habitat loss and changing land uses on the distribution and abundance of these species and their principal prey species over the short and long term. (3) Information on the effects of other potential threat factors, including live capture and hunting, domestic and international trade, predation by other animals, and diseases of these species or their principal prey over the short and long term. (4) Information on management programs for parrot conservation, including mitigation measures related to conservation programs, and any other private, tribal, or governmental conservation programs that benefit these species. (5) Information relevant to whether any populations of these species may qualify as distinct population segments. (6) Information on captive populations and captive breeding and domestic trade of these species in the United States. We will base our 12–month finding on a review of the best scientific and commercial information available, including all information received during the public comment period. Please note that comments merely stating support or opposition to the actions under consideration without providing supporting information, although noted, will not be part of the basis of this determination, as section 4(b)(1)(A) of the Act (16 U.S.C. 1531 et seq.) directs that determinations as to whether any species is a threatened or endangered species shall be made ‘‘solely on the basis of the best scientific E:\FR\FM\14JYP1.SGM 14JYP1

Agencies

[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Proposed Rules]
[Pages 33953-33957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16619]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 17, 22, 36, and 52

[FAR Case 2009-005; Docket 2009-0024; Sequence 1]
RIN 9000-AL31


Federal Acquisition Regulation; FAR Case 2009-005, Use of Project 
Labor Agreements for Federal Construction Projects

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to implement Executive Order 
(E.O.) 13502, Use of Project Labor Agreements for Federal Construction 
Projects. The new E.O. encourages Federal departments and agencies to 
consider requiring the use of project labor agreements for Federal 
construction projects where the total cost to the Government is more 
than $25 million in order to promote economy and efficiency in Federal 
procurement.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before August 13, 2009 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by FAR case 2009-005 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting ``FAR Case 
2009-005'' under the heading ``Comment or Submission''. Select the link 
``Send a Comment or Submission'' that corresponds with FAR Case 2009-
005. Follow the instructions provided to complete the ``Public Comment 
and Submission Form''. Please include your name, company name (if any), 
and ``FAR Case 2009-005'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR case 2009-
005 in all

[[Page 33954]]

correspondence related to this case. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Ernest Woodson, Procurement Analyst, at (202) 501-3775. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAR case 2009-
005.

SUPPLEMENTARY INFORMATION:

A. Background

    On February 6, 2009, the President issued E.O. 13502 which 
encourages executive agencies to consider requiring the use of project 
labor agreements in connection with large scale construction projects 
in order to promote economy and efficiency in Federal procurement. The 
E.O. encourages executive departments and agencies to consider the use 
of project labor agreements for construction projects where the total 
cost to the Government is valued at $25 million or more and permits 
agencies on a project-by-project basis to require the use of a project 
labor agreement where certain criteria would be met.
    The term ``project labor agreement'' means a pre-hire collective 
bargaining agreement with one or more labor organizations that 
establishes the terms and conditions of employment for a specific 
construction project and is an agreement described in 29 U.S.C. 158(f).
    The E.O. describes how project labor agreements may help agencies 
manage workforce challenges that arise in connection with large-scale 
construction projects. For example, large-scale construction projects 
typically involve multiple employers at a single location.
    The E.O. explains that a ``lack of coordination among various 
employers, or uncertainties about the terms and conditions of 
employment of various groups of workers, can create friction and 
disputes in the absence of an agreed-upon resolution and mechanism''. 
The use of project labor agreements may ``prevent these problems from 
developing by providing structure and stability to large-scale 
construction projects thereby promoting the efficient and expeditious 
completion of Federal construction contracts.'' A project labor 
agreement may help an agency manage these problems by providing an 
agreed-upon resolution mechanism that promotes the efficient and 
expeditious completion of Federal construction projects.
    In accordance with E.O. 13502, this proposed rule amends the FAR 
to--
     Provide a new FAR Subpart 22.5, Use of Project Labor 
Agreements for Federal Construction Projects.
     Add a new provision at 52.222-XX, Notice of Requirement 
for Project Labor Agreement, to be included in solicitations where the 
agency has exercised its discretion to require a project labor 
agreement as prescribed at FAR 22.505(a).
     Add a new clause 52.222-YY, Project Labor Agreement, to be 
included in contracts in accordance with FAR 22.505(b).
    The Councils invite comment on the process, in which the 
solicitation incorporates the provision providing for submission of the 
project labor agreement prior to the contract award (i.e., should 
agencies require this from each offeror as part of its bid or only from 
an apparent successful offeror).
    The Councils are also considering factors for the contracting 
officer to consider, on a project-by-project basis, in determining 
whether use of a project labor agreement will be in the best interest 
of the Government. The Councils welcome public comment on the factors 
that should be considered, such as the difficulty of coordinating 
multiple contracts in the absence of a project labor agreement, the 
importance of timely project completion, etc.
    The Director of the Office of Management and Budget (OMB) is 
working with the Secretary of Labor and other officials, to provide 
recommendations to the President on whether to broaden the application 
of project labor agreements on both construction projects awarded under 
Federal contracts and construction projects receiving Federal financial 
assistance, to promote the economical, efficient, and timely completion 
of such projects.
    This is a significant regulatory action and, therefore, was subject 
to review under Section 6(b) of Executive Order 12866, Regulatory 
Planning and Review, dated September 30, 1993. This rule is not a major 
rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Councils do not expect this proposed rule to 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 the rationale for this determination is based on the 
discretionary nature of the regulation being promulgated and the fact 
that the application of the rule is only in connection with large scale 
construction projects over $25 million (those that would likely impact 
large businesses). Therefore, an Initial Regulatory Flexibility 
Analysis has not been performed. The Councils will consider comments 
from small entities concerning the affected FAR Parts 2, 17, 22, 36, 
and 52, in accordance with 5 U.S.C. 610. Interested parties must submit 
such comments separately and should cite 5 U.S.C. 601, et seq.; (FAR 
case 2009-005), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
addresses the collection of information by the Federal government from 
individuals, small businesses and state and local governments and seeks 
to minimize the burdens such information collection requirements might 
impose. A collection of information includes providing answers to 
identical questions posed to, or identical reporting or record-keeping 
requirements imposed on ten or more persons, other than agencies, 
instrumentalities, or employees of the United States. In accordance 
with the requirements of the Paperwork Reduction Act, agencies may not 
conduct or sponsor, and the respondent is not required to respond to, 
an information collection unless it displays a currently valid Office 
of Management and Budget (OMB) control number or the number appears in 
the Code of Federal Regulations (see FAR 1.106).
    The Paperwork Reduction Act (Pub. L. 104-13) applies because the 
proposed rule contains information collection requirements. 
Accordingly, the Regulatory Secretariat will submit a request for 
approval of a new information collection requirement concerning FAR 
Case 2009-005 to the OMB under 44 U.S.C. Chapter 35, et seq.
    Pursuant to 44 U.S.C. 3506(c)(2)(B), the Councils solicit comments 
concerning: whether these information collection requirements are 
necessary for the Government to properly perform its functions, 
including whether the information has practical utility; the accuracy 
of the estimates of the burden of the information collection 
requirements; the quality, utility, and clarity of the information to 
be collected; and whether the burden of collecting information on those 
who are to respond, including through the use of automated collection 
techniques or other forms of information technology, may be minimized.
    The rule will apply to large-scale construction projects where the 
cost to the Government is $25 million or more and where agencies have 
determined that use of a project labor agreement, in accordance with 
requirements prescribed by this rule, will advance the

[[Page 33955]]

Government's interest in achieving economy and efficiency in the 
resulting procurement. Most prime contractors for such projects are 
large business concerns. We estimate the annual total burden hours as 
follows:
    Based on Fiscal Year 2008 data regarding the types of contracts to 
which this information collection applies, it is estimated that there 
are approximately 300 large-scale construction contracts (including 
Architectural and Engineering contracts) exceeding $25 million that 
could be subject to an agency determination for use of project labor 
agreements. Based on advice of labor advisors, approximately 10 percent 
of these types of projects may be deemed appropriate for a project 
labor agreement. Therefore, it is estimated the information collection 
requirement would apply to approximately 30 large-scale construction 
contracts per year. Each contract would require one project labor 
agreement submission prior to or after award; therefore, the estimated 
number of annual respondents is 30. Project labor agreements are often 
negotiated in advance of the solicitation phase for a procurement, as 
the large-scale projects are defined. The estimated time for reporting 
of this information is 1 hour to cover copying and submitting the 
agreement to the Government.
    We estimate the total annual public cost burden for these elements 
to be $900, based on the following:

 
 
 
Respondents....................................................       30
Responses/respondent...........................................      x 1
                                                                --------
Responses......................................................       30
Hours per response.............................................      x 1
                                                                --------
    Total hours................................................       30
Cost per hour..................................................    x $30
                                                                --------
    Total annual cost to public................................     $900
 

D. Request for Comments Regarding Paperwork Burden

    Submit comments, including suggestions for reducing this burden, 
not later than August 13, 2009 to: FAR Desk Officer, OMB, Room 10102, 
NEOB, Washington, DC 20503, and a copy to the General Services 
Administration, Regulatory Secretariat (VPR), 1800 F Street, NW, Room 
4041, Washington, DC 20405.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and will have practical utility; whether our 
estimate of the public burden of this collection of information is 
accurate, and based on valid assumptions and methodology; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways in which we can minimize the burden of the 
collection of information on those who are to respond, through the use 
of appropriate technological collection techniques or other forms of 
information technology.
    Requester may obtain a copy of the justification from the General 
Services Administration, Regulatory Secretariat (VPR), Room 4041, 
Washington, DC 20405, telephone (202) 501-4755. Please cite OMB Control 
Number 9000-00XX, Use of Project Labor Agreements for Federal 
Construction Projects, in all correspondence.

List of Subjects in 48 CFR Parts 2, 17, 22, 36, and 52

    Government procurement.

    Dated: July 9, 2009.
Al Matera,
Director, Office of Acquisition Policy.
    Therefore, the Councils propose amending 48 CFR parts 2, 17, 22, 
36, and 52 as set forth below:
    1. The authority citation for 48 CFR parts 2, 17, 22, 36, and 52 
continues to read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 2--DEFINITIONS OF WORDS AND TERMS


2.101  [Amended]

    2. Amend section 2.101(b)(2) in the third sentence in the 
definition ``Construction'' by removing the words ``personal property'' 
and adding ``personal property (except that for use in Subpart 22.5, 
see the definition at 22.502).''

PART 17--SPECIAL CONTRACTING METHODS

    3. In section 17.603 revise paragraph (c) to read as follows:


17.603  Limitations.

* * * * *
    (c) For use of project labor agreements, see Subpart 22.5.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    4. In section 22.101-1 revise paragraph (b)(2) to read as follows:
* * * * *
    (b)(1) * * * *
    (2) For use of project labor agreements, see Subpart 22.5.
    5. Add Subpart 22.5 to Part 22 to read as follows:

Subpart 22.5 Use of Project Labor Agreements for Federal 
Construction Projects.

Sec.
22.501 Scope of subpart.
22.502 Definitions.
22.503 Policy.
22.504 General requirements for project labor agreements.
22.505 Solicitation provision and contract clause.1
22.501 Scope of subpart.

    This subpart prescribes policies and procedures to implement 
Executive Order 13502, February 6, 2009.


22.502  Definitions.

    As used in this subpart--
    Construction means construction, rehabilitation, alteration, 
conversion, extension, repair, or improvement of buildings, highways, 
or other real property.
    Labor organization means a labor organization as defined in 29 
U.S.C. 152(5).
    Large-scale construction project means a construction project, 
including all contracts associated with the project, where the total 
cost to the Federal Government is $25 million or more.
    Project labor agreement means a pre-hire collective bargaining 
agreement with one or more labor organizations that establishes the 
terms and conditions of employment for a specific construction project 
and is an agreement described in 29 U.S.C. 158(f).


22.503  Policy.

    Project labor agreements are a tool that agencies may use to 
promote economy and efficiency in Federal procurement. Pursuant to 
Executive Order 13502, agencies are encouraged to consider requiring 
the use of project labor agreements in connection with large-scale 
construction projects.


22.504  General requirements for project labor agreements.

    (a)(1) Agencies may require the use of project labor agreements 
where use of such agreements will--
    (i) Advance the Federal Government's interest in achieving economy 
and efficiency in Federal procurement, producing labor-management 
stability, and ensuring compliance with laws and regulations governing 
safety and health, equal employment opportunity, labor and employment 
standards, and other matters; and,
    (ii) Be consistent with law.
    (2) If an agency determines that use of a project labor agreement 
will meet the standards set forth in paragraphs (a)(1)(i) and (ii) of 
this section, the agency has complete discretion--

[[Page 33956]]

    (i) To require that every contractor and subcontractor on the 
project agree, for that project, to negotiate or become a party to a 
project labor agreement with one or more appropriate labor 
organizations; or
    (ii) To decide not to require the use of a project labor agreement.
    (b) Project labor agreements established under this subpart shall--
    (1) Bind all contractors and subcontractors on the construction 
project to comply with the project labor agreement;
    (2) Allow all contractors and subcontractors to compete for 
contracts and subcontracts without regard to whether they are otherwise 
parties to collective bargaining agreements;
    (3) Contain guarantees against strikes, lockouts, and similar job 
disruptions;
    (4) Set forth effective, prompt, and mutually binding procedures 
for resolving labor disputes arising during the term of the project 
labor agreement;
    (5) Provide other mechanisms for labor-management cooperation on 
matters of mutual interest and concern, including productivity, quality 
of work, safety, and health; and
    (6) Fully conform to all statutes, regulations, and Executive 
orders.


22.505  Solicitation provision and contract clause.

    (a)(1) For acquisition of large-scale construction projects, if the 
agency makes a determination pursuant to this subpart that a project 
labor agreement will be required, the contracting officer shall insert 
the provision at 52.222-XX, Notice of Requirement for Project Labor 
Agreement, in all solicitations associated with the project.
    (2) If an agency allows submission of the project labor agreement 
after contract award, the contracting officer shall use the provision 
with its Alternate I in accordance with agency procedures.
    (b)(1) For acquisition of large-scale construction projects, if the 
agency makes a determination pursuant to this subpart that a project 
labor agreement will be required, the contracting officer shall insert 
the clause at 52.222-YY, Project Labor Agreement in all contracts 
associated with the project.
    (2) If an agency allows submission of the project labor agreement 
after contract award, the contracting officer shall use the clause with 
its Alternate I in accordance with agency procedures.

PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

    6. In section 36.202 revise paragraph (d) to read as follows:


36.202  Specifications.

* * * * *
    (d) For requirements on the use of project labor agreements for 
Federal construction projects, see part 22, Subpart 22.5 of this 
chapter.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    7. Add section 52.222-XX to read as follows:


52.222-XX  Notice of Requirement for Project Labor Agreement.

    As prescribed in 22.505(a)(1), insert the following provision:

NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT (DATE)

    (a) Definitions. Labor organization and project labor agreement, 
as used in this provision, are defined in the clause of this 
solicitation entitled Project Labor Agreement.
    (b) Consistent with applicable law, the apparent successful 
offeror will be required to execute a project labor agreement with 
one or more appropriate labor organizations for the term of the 
resulting construction contract.
    (c) Any project labor agreement reached pursuant to this 
provision shall--
    (1) Bind the offeror and all subcontractors on the construction 
project to comply with the project labor agreement;
    (2) Allow the offeror and all subcontractors to compete for 
contracts and subcontracts without regard to whether they are 
otherwise parties to collective bargaining agreements;
    (3) Contain guarantees against strikes, lockouts, and similar 
job disruptions;
    (4) Set forth effective, prompt, and mutually binding procedures 
for resolving labor disputes arising during the project labor 
agreement;
    (5) Provide other mechanisms for labor-management cooperation on 
matters of mutual interest and concern, including productivity, 
quality of work, safety, and health; and
    (6) Fully conform to all statutes, regulations, and Executive 
orders.
    (d) Any project labor agreement reached pursuant to this 
provision does not change the terms of this contract or provide for 
any price adjustment by the Government.
    (e) The Government will not participate in the negotiations of 
any project labor agreement.
    (f) The apparent successful offeror shall submit to the 
Contracting Officer a copy of the project labor agreement--reached 
pursuant to this provision prior to contract award.


(End of Provision)

    Alternate I (DATE) As prescribed in 22.505(a)(2), substitute the 
following paragraph (b) in lieu of paragraphs (b) through (f) of the 
basic clause:

    (b) Consistent with applicable law, the contractor agrees to 
bargain in good faith to a project labor agreement with one or more 
appropriate labor organizations for the term of the resulting 
construction contract.

    8. Add section 52.222-YY to read as follows:


52.222-YY  Project Labor Agreement.

    As prescribed in 22.505(b)(1), insert the following clause:

PROJECT LABOR AGREEMENT (DATE)

    (a) Definitions. As used in this clause--
    Labor organization means a labor organization as defined in 29 
U.S.C. 152(5).
    Project labor agreement means a pre-hire collective bargaining 
agreement with one or more labor organizations that establishes the 
terms and conditions of employment for a specific construction 
project and is an agreement described in 29 U.S.C. 158(f).
    (b) The Contractor shall maintain in a current status throughout 
the life of the contract the project labor agreement entered into 
prior to the award of this contract in accordance with solicitation 
provision 52.222-XX, Notice of Requirement for Project Labor 
Agreement.
    (c) Subcontracts. The Contractor shall include the substance of 
this clause, including this paragraph (c), in all subcontracts.


(End of Clause)

    Alternate I (Date). As prescribed in 22.505(b)(2), substitute the 
following paragraphs (b) through (g) for paragraphs (b) and (c) of the 
basic clause:

    (b) Consistent with applicable law, the contractor agrees to 
bargain in good faith to a project labor agreement with one or more 
appropriate labor organizations for the term of this construction 
contract. The contractor shall submit an executed copy of the 
project labor agreement to the Contracting Officer.
    (c) Any project labor agreement reached pursuant to this clause 
shall--
    (1) Bind the Contractor and all subcontractors on the 
construction project to comply with the project labor agreement;
    (2) Allow the Contractor and all subcontractors to compete for 
contracts and subcontracts without regard to whether they are 
otherwise parties to collective bargaining agreements;
    (3) Contain guarantees against strikes, lockouts, and similar 
job disruptions;
    (4) Set forth effective, prompt, and mutually binding procedures 
for resolving labor disputes arising during the project labor 
agreement;
    (5) Provide other mechanisms for labor-management cooperation on 
matters of mutual interest and concern, including productivity, 
quality of work, safety, and health; and
    (6) Fully conform to all statutes, regulations, and Executive 
orders.
    (d) Any project labor agreement reached pursuant to this 
provision does not change the terms of this contract or provide for 
any price adjustment by the Government.
    (e) The Government will not participate in the negotiations of 
any project labor agreement.

[[Page 33957]]

    (f) The Contractor shall maintain in a current status throughout 
the life of the contract the project labor agreement entered into 
pursuant to this clause.
    (g) Subcontracts. The Contractor shall include the substance of 
this clause, including this paragraph (g), in all subcontracts.


(End of Provision)

[FR Doc. E9-16619 Filed 7-10-09; 11:15 am]
BILLING CODE 6820-EP-P