Federal Acquisition Regulation; Notification of Employee Rights Under the National Labor Relations Act, 68015-68017 [2011-27779]
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Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
enforcement of section 106, the FAR
will require each offeror to complete a
representation that the offeror does not
export certain sensitive technology to
the government of Iran or any entities or
individuals owned or controlled by or
acting on behalf or at the direction of
the government of Iran. This rule will
have little effect on domestic small
business concerns, because such
dealings with Iran are already generally
prohibited in the United States.
Item VI—Set-Asides for Small Business
(FAR Case 2011–024) (Interim)
This interim rule amends the FAR to
implement section 1331 of Pub. L. 111–
240, the Small Business Jobs Act of
2010, providing agencies with the legal
authority to set aside or reserve
multiple-award contracts and orders.
Specifically, section 1331 authorizes
agencies to (1) Set aside part or parts of
multiple-award contracts; (2) set aside
orders placed against multiple-award
contracts; and (3) reserve one or more
multiple-award contracts for small
business concerns that are awarded
using full and open competition.
The interim rule gives agencies an
additional procurement tool to increase
opportunities for small businesses to
compete in the Federal marketplace.
Item VII—Sudan Waiver Process (FAR
Case 2009–041)
This final rule amends the FAR to
revise section 25.702, Prohibition on
contracting with entities that conduct
restricted business operations in Sudan.
The rule adds specific criteria,
including foreign policy aspects, that an
agency must address when applying to
the President or his appointed designee
for a waiver of the prohibition on
awarding a contract to a contractor that
conducts restricted business operations
in Sudan, in accordance with the Sudan
Accountability and Divestment Act of
2007 (Pub. L. 110–174). The rule also
describes the consultation process that
will be used by the Office of Federal
Procurement Policy in support of the
waiver review. The rule does not
impose any requirements on small
businesses.
mstockstill on DSK4VPTVN1PROD with RULES4
Item VIII—Successor Entities to the
Netherlands Antilles (FAR Case 2011–
014)
entities. The rule does not impose any
requirements on small businesses.
Item IX—Labor Relations Costs (FAR
Case 2009–006)
This final rule amends the FAR to
implement Executive Order (E.O.)
13494, Economy in Government
Contracting, issued on January 30, 2009,
and amended on October 30, 2009. This
E.O. treats as unallowable the costs of
any activities undertaken to persuade
employees, whether employees of the
recipient of Federal disbursements or of
any other entity, to exercise or not to
exercise, or concerning the manner of
exercising, the right to organize and
bargain collectively through
representatives of the employee’s own
choosing.
Item X—Technical Amendments
Editorial changes are made at FAR
1.106, 4.604, and 8.501.
Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Federal Acquisition Circular (FAC) 2005–
54 is issued under the authority of the
Secretary of Defense, the Administrator of
General Services, and the Administrator for
the National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal
Acquisition Regulation (FAR) and other
directive material contained in FAC 2005–54
is effective November 2, 2011, except for
Items II, VII, and IX which are effective
December 2, 2011.
Dated: October 20, 2011.
Richard Ginman,
Director, Defense Procurement and
Acquisition Policy.
Dated: October 21, 2011.
Mindy S. Connolly, CPCM,
Chief Acquisition Officer U.S. General
Services Administration.
Dated: October 20, 2011.
Leigh Pomponio,
Procurement Analyst, National Aeronautics
and Space Administration.
[FR Doc. 2011–27778 Filed 11–1–11; 8:45 am]
BILLING CODE 6820–EP–P
This final rule amends FAR parts 25
and 52 to revise the definitions of
‘‘Caribbean Basin country’’ and
‘‘designated country’’ due to the change
in status of the islands that comprised
the Netherlands Antilles. On October
10, 2010, the Netherlands Antilles
dissolved into five separate successor
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 2, 22, and 52
[FAC 2005–54; FAR Case 2010–006;
Item I; Docket 2010–0106; Sequence 1]
RIN 9000–AL76
Federal Acquisition Regulation;
Notification of Employee Rights Under
the National Labor Relations Act
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA have
adopted as final, without change, an
interim rule amending the Federal
Acquisition Regulation (FAR) to
implement the Department of Labor
(DOL) regulations that implemented the
Executive Order (E.O.), Notification of
Employee Rights Under Federal Labor
Laws.
DATES: Effective Date: November 2,
2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Clare McFadden, Procurement Analyst,
at (202) 501–0044, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite FAC 2005–54, FAR
Case 2010–006.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA published an
interim rule in the Federal Register at
75 FR 77723 on December 13, 2010, to
implement E.O. 13496, Notification of
Employee Rights Under Federal Labor
Laws, as implemented by the DOL. The
E.O. requires contractors to display a
notice for employees of their rights
under Federal labor laws, and the DOL
has determined that the notice shall
include employee rights under the
National Labor Relations Act. Public
comments were due on or before
February 11, 2011. Three respondents
submitted nine comments on the
interim rule.
II. Discussion and Analysis of the
Public Comments
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the public comments in the
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68016
Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
Labor Relations Act poster to
subcontracts at all tiers that exceed
$10,000.
development of the final rule. A
discussion of the comments and the
changes made to the rule as the result
of those comments are provided as
follows:
A. General Comments
Comment: One respondent stated
support for the interim rule and urged
that a final rule be adopted as quickly
as possible. The respondent noted that
the need to facilitate timely
implementation of the E.O. constitutes a
compelling reason for issuance of an
interim rule.
Response: An interim rule was
published to facilitate the
implementation of the E.O., and this
rule is being converted to a final rule,
herein.
Comment: Another respondent
referred to the interim rule as an
‘‘invasion of privacy,’’ comparing this to
a requirement to post the Constitution,
Bill of Rights, or tax laws.
Response: The comment is noted but
does not warrant a change to the FAR.
The FAR is implementing a requirement
of the E.O. and the DOL regulations. The
E.O. is premised on the policy that it is
beneficial to the Government to rely on
contractors whose employees are
informed of their rights under Federal
labor laws.
mstockstill on DSK4VPTVN1PROD with RULES4
B. Comment on the FAR Text
Comment: A respondent
recommended deleting the phrase at
FAR 22.1605(a) ‘‘including acquisitions
for commercial items and commercially
available off-the-shelf items.’’
Response: DOL is the regulatory
agency with primary responsibility for
implementation of the E.O. The DOL
final rule does not provide an exception
for the acquisition of commercial items,
including commercially available offthe-shelf items. Therefore, the FAR rule
must be consistent with the DOL rule in
its application to commercial items.
C. Comments on FAR Clause 52.212–5
Comment: A respondent noted that
the clause should be listed as subsection
(28), not (27), at FAR 52.212–5(b).
Response: The correction to the
number has been made.
Comment: A respondent requested the
deletion of the phrase ‘‘flow down
required in accordance with paragraph
(f) of FAR clause 52.222–40’’ at 52.212–
5(e)(1)(vii) and 52.212–5 Alternate
II(e)(1)(ii)(G).
Response: As noted earlier (see
response at section II.B. above), the FAR
is implementing the DOL final rule. The
DOL rule very specifically set the
requirements for flow down of the
requirement for posting the National
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D. Comments on FAR Clause 52.222–40
Comment: A respondent requested
clarification of the clause at FAR
52.222–40 so that it is obvious whether
contractors and subcontractors are
required to use the DOL poster or have
permission to create a company-specific
poster, as long as the latter meets the
DOL’s size, form, and content
requirements.
Response: The language at FAR
22.1602(a) and at FAR 52.222–40(a)
indicates that an employer does not
have to use the DOL poster but can use
its own poster as long as it includes the
requisite information—the DOL’s size,
form, and content requirements.
Comment: A respondent suggested
revising FAR 52.222–40(a)(1) to read as
follows:
‘‘Physical posting of the employee notice
shall be in conspicuous places in and about
the plants and offices of contractors and
subcontractors, in the languages employees
speak, so that the notice is prominent and
readily seen by employees who are covered
by the National Labor Relations Act and
engage in activities related to the
performance of the contract.’’
The respondent stated that the
following language at FAR 52.222–40(a),
regarding where the poster must be
posted and what languages must be
used in the poster, is redundant:
‘‘* * * in conspicuous places in and about
its plants and offices where employees
covered by the National Labor Relations Act
engage in activities relating to the
performance of the contract, including all
places where notices to employees are
customarily posted both physically and
electronically, in the languages employees
speak, in accordance with 29 CFR 471.2 (d)
and (f).’’
Response: DOL’s final rule was
published in the Federal Register at 75
FR 28368 on May 20, 2010, and it
incorporated that agency’s requirements
for implementation of the E.O. at 29
CFR 471. The FAR is being updated to
incorporate the DOL requirements into
corresponding sections of the FAR.
Since DOL has the primary
responsibility for implementation of the
E.O., it is not appropriate to make any
substantive change in the FAR clause.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
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environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The Department of Defense, the
General Services Administration, and
the National Aeronautics and Space
Administration certify that this final
rule will not 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
rule implements the Department of
Labor’s (DOL) final rule that
implemented E.O. 13496, Notification of
Employee Rights Under Federal Labor
Laws. This E.O. requires contractors to
display a notice to employees of their
rights under Federal labor laws, and the
DOL has determined that the notice
shall include employee rights under the
National Labor Relations Act. DOL
certified in its final rule (published in
the Federal Register at 75 FR 28368 on
May 20, 2010, with an effective date of
June 21, 2010) that its rule would not
have a significant economic impact on
a substantial number of small entities.
After reviewing DOL’s certification,
DoD, GSA, and NASA concurred that no
regulatory flexibility analysis was
needed. DoD, GSA, and NASA did not
receive comments from small entities in
response to the invitation to do so
included in the FAR interim rule that
published in the Federal Register at 75
FR 77723 on December 13, 2010.
V. Paperwork Reduction Act
The final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 1, 2, 22,
and 52
Government procurement.
E:\FR\FM\02NOR4.SGM
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Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR parts 1, 2, 22, and 52,
which was published in the Federal
Register at 75 FR 77723 on December
13, 2010, is adopted as a final rule
without change.
[FR Doc. 2011–27779 Filed 11–1–11; 8:45 am]
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 3, 12, and 52
[FAC 2005–54; FAR Case 2008–025; Item
II; Docket 2009–0039, Sequence 1]
RIN 9000–AL46
Federal Acquisition Regulation;
Preventing Personal Conflicts of
Interest for Contractor Employees
Performing Acquisition Functions
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
address personal conflicts of interest by
employees of Government contractors as
required by statute.
DATES: Effective Date: December 2, 2011.
Applicability Date: Except for
contracts, including task or delivery
orders, for the acquisition of commercial
items, this rule applies to—
• Contracts issued on or after the
effective date of this rule; and
• Task or delivery orders awarded on
or after the effective date of the rule,
regardless of whether the contracts,
pursuant to which such task or delivery
orders are awarded, were awarded
before, on, or after the effective date of
this rule.
Contracting officers shall modify, on a
bilateral basis, in accordance with FAR
1.108(d)(3), existing task- or deliveryorder contracts to include the FAR
clause for future orders. In the event
that a contractor refuses to accept such
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Table of Contents
I. Background
II. Discussion and Analysis of the Public
Comments
A. General
B. Definitions
C. Applicability
D. Contractor Procedures
E. Mitigation or Waiver
F. Violations/Remedies
G. Clause Flowdown
H. Cost and Administrative Burden
I. Miscellaneous Comments
III. Executive Orders 12866 and 13563
IV. Regulatory Flexibility Act
V. Paperwork Reduction Act
BILLING CODE 6820–EP–P
SUMMARY:
a modification, the contractor will not
be eligible to receive further orders
under such contract.
FOR FURTHER INFORMATION CONTACT: Mr.
Anthony Robinson, Procurement
Analyst, at (202) 501–2658, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAC 2005–54, FAR Case 2008–025.
SUPPLEMENTARY INFORMATION:
I. Background
Section 841(a) of the Duncan Hunter
National Defense Authorization Act
(NDAA) for Fiscal Year 2009 (Pub. L.
110–417), now codified at 41 U.S.C.
2303, requires that the Office of Federal
Procurement Policy (OFPP) develop
policy to prevent personal conflicts of
interest by contractor employees
performing acquisition functions closely
associated with inherently
governmental functions for, or on behalf
of, a Federal agency or department. The
NDAA also requires OFPP to develop a
personal conflicts-of-interest clause for
inclusion in solicitations, contracts, task
orders, and delivery orders. To address
the requirements of section 841(a) in the
most effective manner possible, OFPP
collaborated with DoD, GSA, and NASA
on this case to develop regulatory
guidance, including a new subpart
under FAR part 3, and a new clause for
contracting officers to use in contracts to
prevent personal conflicts of interest for
contractor employees performing
acquisition functions for, or on behalf
of, a Federal agency or department.
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
74 FR 58584 on November 13, 2009.
OFPP and DoD, GSA, and NASA
proposed a policy that would require
each contractor that has employees
performing acquisition functions closely
associated with inherently
governmental functions to identify and
prevent personal conflicts of interest for
such employees. In addition, such
contractors would be required to
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68017
prohibit covered employees with access
to non-public Government information
from using it for personal gain. The
proposed rule also made contractors
responsible for—
• Having procedures to screen for
potential personal conflicts of interest;
• Informing covered employees of
their obligations with regard to these
policies;
• Maintaining effective oversight to
verify compliance;
• Reporting any personal conflicts-ofinterest violations to the contracting
officer; and
• Taking appropriate disciplinary
action with employees who fail to
comply with these policies.
Comments were received from 19
respondents; these are analyzed in the
following sections.
II. Discussion and Analysis of the
Public Comments
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils) have
reviewed the public comments in
development of the final rule. As a
result of this review, the Councils have
incorporated some changes in the final
rule, including the following more
significant changes:
• Revised the definition of ‘‘covered
employee’’ to clarify applicability to
subcontracts.
• Revised the contracting officer
procedures at FAR 3.1103(a)(1) and
(a)(3), and (b)(3).
• Revised the discussion of violations
at FAR 3.1105.
• Added a new paragraph FAR
3.1106(c) to provide additional
clarification on use of FAR clause
52.203–16 when contracting with a selfemployed individual.
• Amended 12.503(a) to clarify that
the statute does not apply to contracts
for the acquisition of commercial items.
• Revised the clause at FAR 52.203–
16 by—
Æ Clarifying the financial disclosure
requirements in paragraph (b)(1),
including deletion of the requirement
for an annual update of the disclosure
statement;
Æ Adding to the list of possible
personal conflicts-of-interest violations
in (b)(6);
Æ Removing the list of remedies in
paragraph (d); and
Æ Clarifying the clause flowdown.
A. General
Comments: Several respondents
commented on general elements of the
proposed coverage. Some supported
implementing the proposed coverage,
while others stated that the proposed
E:\FR\FM\02NOR4.SGM
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]]>Agencies
[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 68015-68017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27779]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 22, and 52
[FAC 2005-54; FAR Case 2010-006; Item I; Docket 2010-0106; Sequence 1]
RIN 9000-AL76
Federal Acquisition Regulation; Notification of Employee Rights
Under the National Labor Relations Act
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA have adopted as final, without change, an
interim rule amending the Federal Acquisition Regulation (FAR) to
implement the Department of Labor (DOL) regulations that implemented
the Executive Order (E.O.), Notification of Employee Rights Under
Federal Labor Laws.
DATES: Effective Date: November 2, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Clare McFadden, Procurement
Analyst, at (202) 501-0044, for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-54, FAR
Case 2010-006.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 75 FR 77723 on December 13, 2010, to implement E.O. 13496,
Notification of Employee Rights Under Federal Labor Laws, as
implemented by the DOL. The E.O. requires contractors to display a
notice for employees of their rights under Federal labor laws, and the
DOL has determined that the notice shall include employee rights under
the National Labor Relations Act. Public comments were due on or before
February 11, 2011. Three respondents submitted nine comments on the
interim rule.
II. Discussion and Analysis of the Public Comments
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the public comments in the
[[Page 68016]]
development of the final rule. A discussion of the comments and the
changes made to the rule as the result of those comments are provided
as follows:
A. General Comments
Comment: One respondent stated support for the interim rule and
urged that a final rule be adopted as quickly as possible. The
respondent noted that the need to facilitate timely implementation of
the E.O. constitutes a compelling reason for issuance of an interim
rule.
Response: An interim rule was published to facilitate the
implementation of the E.O., and this rule is being converted to a final
rule, herein.
Comment: Another respondent referred to the interim rule as an
``invasion of privacy,'' comparing this to a requirement to post the
Constitution, Bill of Rights, or tax laws.
Response: The comment is noted but does not warrant a change to the
FAR. The FAR is implementing a requirement of the E.O. and the DOL
regulations. The E.O. is premised on the policy that it is beneficial
to the Government to rely on contractors whose employees are informed
of their rights under Federal labor laws.
B. Comment on the FAR Text
Comment: A respondent recommended deleting the phrase at FAR
22.1605(a) ``including acquisitions for commercial items and
commercially available off-the-shelf items.''
Response: DOL is the regulatory agency with primary responsibility
for implementation of the E.O. The DOL final rule does not provide an
exception for the acquisition of commercial items, including
commercially available off-the-shelf items. Therefore, the FAR rule
must be consistent with the DOL rule in its application to commercial
items.
C. Comments on FAR Clause 52.212-5
Comment: A respondent noted that the clause should be listed as
subsection (28), not (27), at FAR 52.212-5(b).
Response: The correction to the number has been made.
Comment: A respondent requested the deletion of the phrase ``flow
down required in accordance with paragraph (f) of FAR clause 52.222-
40'' at 52.212-5(e)(1)(vii) and 52.212-5 Alternate II(e)(1)(ii)(G).
Response: As noted earlier (see response at section II.B. above),
the FAR is implementing the DOL final rule. The DOL rule very
specifically set the requirements for flow down of the requirement for
posting the National Labor Relations Act poster to subcontracts at all
tiers that exceed $10,000.
D. Comments on FAR Clause 52.222-40
Comment: A respondent requested clarification of the clause at FAR
52.222-40 so that it is obvious whether contractors and subcontractors
are required to use the DOL poster or have permission to create a
company-specific poster, as long as the latter meets the DOL's size,
form, and content requirements.
Response: The language at FAR 22.1602(a) and at FAR 52.222-40(a)
indicates that an employer does not have to use the DOL poster but can
use its own poster as long as it includes the requisite information--
the DOL's size, form, and content requirements.
Comment: A respondent suggested revising FAR 52.222-40(a)(1) to
read as follows:
``Physical posting of the employee notice shall be in
conspicuous places in and about the plants and offices of
contractors and subcontractors, in the languages employees speak, so
that the notice is prominent and readily seen by employees who are
covered by the National Labor Relations Act and engage in activities
related to the performance of the contract.''
The respondent stated that the following language at FAR 52.222-
40(a), regarding where the poster must be posted and what languages
must be used in the poster, is redundant:
``* * * in conspicuous places in and about its plants and
offices where employees covered by the National Labor Relations Act
engage in activities relating to the performance of the contract,
including all places where notices to employees are customarily
posted both physically and electronically, in the languages
employees speak, in accordance with 29 CFR 471.2 (d) and (f).''
Response: DOL's final rule was published in the Federal Register at
75 FR 28368 on May 20, 2010, and it incorporated that agency's
requirements for implementation of the E.O. at 29 CFR 471. The FAR is
being updated to incorporate the DOL requirements into corresponding
sections of the FAR. Since DOL has the primary responsibility for
implementation of the E.O., it is not appropriate to make any
substantive change in the FAR clause.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
IV. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 rule implements the
Department of Labor's (DOL) final rule that implemented E.O. 13496,
Notification of Employee Rights Under Federal Labor Laws. This E.O.
requires contractors to display a notice to employees of their rights
under Federal labor laws, and the DOL has determined that the notice
shall include employee rights under the National Labor Relations Act.
DOL certified in its final rule (published in the Federal Register at
75 FR 28368 on May 20, 2010, with an effective date of June 21, 2010)
that its rule would not have a significant economic impact on a
substantial number of small entities. After reviewing DOL's
certification, DoD, GSA, and NASA concurred that no regulatory
flexibility analysis was needed. DoD, GSA, and NASA did not receive
comments from small entities in response to the invitation to do so
included in the FAR interim rule that published in the Federal Register
at 75 FR 77723 on December 13, 2010.
V. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 1, 2, 22, and 52
Government procurement.
[[Page 68017]]
Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR parts 1, 2, 22, and
52, which was published in the Federal Register at 75 FR 77723 on
December 13, 2010, is adopted as a final rule without change.
[FR Doc. 2011-27779 Filed 11-1-11; 8:45 am]
BILLING CODE 6820-EP-P
