Federal Acquisition Regulation; Federal Acquisition Circular 2005-64; Introduction, 75765-75766 [2012-30590]
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Vol. 77
Friday,
No. 246
December 21, 2012
Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
Department of Labor
mstockstill on DSK4VPTVN1PROD with
48 CFR Chapter 1
29 CFR Part 9
Federal Acquisition Regulations; Nondisplacement of Qualified Workers
Under Service Contracts; Effective Date; Final Rules
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Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
The new subpart implements Executive
Order 13495 and Department of Labor
implementing regulations at 29 CFR part
9. The final rule applies to service
contracts for performance by service
employees of the same or similar work
at the same location. It requires service
contractors and their subcontractors
under successor contracts to offer
service employees of the predecessor
contractor and its subcontractors a right
of first refusal of employment for
positions for which they are qualified.
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
[Docket FAR 2012–0080, Sequence 9]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–64;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Summary presentation of a final
rule.
AGENCY:
This document summarizes
the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council (Councils) in this Federal
Acquisition Circular (FAC) 2005–64. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC. The FAC, including the SECG, is
available via the Internet at https://
www.regulations.gov.
DATES: For effective date see separate
document, which follows.
FOR FURTHER INFORMATION CONTACT: The
analyst whose name appears in the table
below in relation to the FAR case.
Please cite FAC 2005–64 and the
specific FAR case number. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at 202–501–4755.
SUMMARY:
RULE IN FAC 2005–64
Subject
FAR case
2011–028
Loeb
I. Background
DoD, GSA, and NASA published a
proposed rule at 77 FR 26232 on May
3, 2012, to implement Executive Order
(E.O.) 13495, Nondisplacement of
Qualified Workers Under Service
Contracts, dated January 30, 2009,
published at 74 FR 6103 on February 4,
2009, and the Department of Labor
(DOL) regulations at 29 CFR part 9. This
final rule amends the FAR to add
subpart 22.12 and a new clause at FAR
52.222–17, providing the policy of the
Federal Government, as expressed in
E.O. 13495, to require service
contractors and their subcontractors
under successor contracts to offer
employees of the predecessor contractor
and its subcontractors a right of first
refusal of employment for positions for
which they are qualified. Twenty seven
respondents submitted comments on the
proposed rule.
Dated: December 14, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Federal Acquisition Circular (FAC)
2005–64 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 2005–64 is effective January 18,
2013.
Dated: December 12, 2012.
Richard Ginman
Deputy Director, Defense Procurement and
Acquisition Policy.
Dated: December 14, 2012.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
Analyst
Nondisplacement of
Qualified Workers
Under Service Contracts.
Dated: December 13, 2012.
William P. McNally,
Assistant Administrator for Procurement,
National Aeronautics and Space
Administration.
BILLING CODE 6820–EP–P
48 CFR Chapter 1
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
implement an Executive order for
nondisplacement of qualified workers
under service contracts, as implemented
in Department of Labor regulations.
DATES: Effective Date: January 18, 2013.
Applicability Date: This final rule is
applicable to solicitations issued on or
after the effective date.
Contracting officers are expected to
work with their existing service
contractors and bilaterally modify their
contracts, to the extent feasible, to
include the clause at FAR 52.222–17. As
an alternative, contracting officers
should consider entering into bilateral
modifications with existing service
contractors to agree to perform
paragraph (c) of the clause at FAR
52.222–17, which: (1) Informs the
existing predecessor contractor’s
workforce of their right of first refusal;
and (2) provides the list of service
employees to the contracting officer no
less than 30 days before contract
completion. Contracting officers shall
document the contract files of their
existing service contracts to describe the
steps that were taken.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward Loeb, Procurement Analyst, at
202–501–0650 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite FAC 2005–64, FAR
Case 2011–028.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2012–30590 Filed 12–20–12; 8:45 am]
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
A
summary for the FAR rule follows. For
the actual revisions and/or amendments
made by this FAR case, refer to the
document following the item summary.
FAC 2005–64 amends the FAR as
specified below:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Nondisplacement of Qualified Workers
Under Service Contracts (FAR Case
2011–028)
This final rule adds subpart 22.12,
entitled ‘‘Nondisplacement of Qualified
Workers Under Service Contracts,’’ and
a related contract clause, to the FAR.
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SUPPLEMENTARY INFORMATION:
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48 CFR Parts 1, 2, 22, and 52
[FAC 2005–64; FAR Case 2011–028; Docket
2011–028; Sequence 1]
Federal Acquisition Regulation;
Nondisplacement of Qualified Workers
Under Service Contracts
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
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[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75765-75766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30590]
[[Page 75765]]
Vol. 77
Friday,
No. 246
December 21, 2012
Part IV
Department of Defense
-----------------------------------------------------------------------
General Services Administration
-----------------------------------------------------------------------
National Aeronautics and Space Administration
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Department of Labor
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48 CFR Chapter 1
29 CFR Part 9
Federal Acquisition Regulations; Nondisplacement of Qualified Workers
Under Service Contracts; Effective Date; Final Rules
Federal Register / Vol. 77 , No. 246 / Friday, December 21, 2012 /
Rules and Regulations
[[Page 75766]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2012-0080, Sequence 9]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-64; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of a final rule.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) in this Federal
Acquisition Circular (FAC) 2005-64. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC. The FAC, including
the SECG, is available via the Internet at https://www.regulations.gov.
DATES: For effective date see separate document, which follows.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to the FAR case. Please cite FAC 2005-64 and
the specific FAR case number. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at 202-501-
4755.
Rule in FAC 2005-64
------------------------------------------------------------------------
Subject FAR case Analyst
------------------------------------------------------------------------
Nondisplacement of Qualified 2011-028............ Loeb
Workers Under Service Contracts.
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the
actual revisions and/or amendments made by this FAR case, refer to the
document following the item summary. FAC 2005-64 amends the FAR as
specified below:
Nondisplacement of Qualified Workers Under Service Contracts (FAR Case
2011-028)
This final rule adds subpart 22.12, entitled ``Nondisplacement of
Qualified Workers Under Service Contracts,'' and a related contract
clause, to the FAR. The new subpart implements Executive Order 13495
and Department of Labor implementing regulations at 29 CFR part 9. The
final rule applies to service contracts for performance by service
employees of the same or similar work at the same location. It requires
service contractors and their subcontractors under successor contracts
to offer service employees of the predecessor contractor and its
subcontractors a right of first refusal of employment for positions for
which they are qualified.
Dated: December 14, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Federal Acquisition Circular (FAC) 2005-64 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 2005-64 is
effective January 18, 2013.
Dated: December 12, 2012.
Richard Ginman
Deputy Director, Defense Procurement and Acquisition Policy.
Dated: December 14, 2012.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: December 13, 2012.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2012-30590 Filed 12-20-12; 8:45 am]
BILLING CODE 6820-EP-P
