Nondisplacement of Qualified Workers Under Service Contracts; Effective Date, 75780-75781 [2012-30595]
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75780
Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations
employees of a predecessor subcontractor or
subcontractors working under this contract,
as well as of a predecessor Contractor and its
subcontractors;
(2) That the subcontractor will provide the
Contractor with the information about the
service employees of the subcontractor
needed by the Contractor to comply with
paragraphs (d) and (e) of this clause; and
(3) The recordkeeping requirements of
paragraph (f) of this clause.
(End of clause)
[FR Doc. 2012–30592 Filed 12–20–12; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2012–0081, Sequence 9]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–64;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCIES:
Small Entity Compliance Guide.
This document is issued
under the joint authority of DOD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
accordance with section 212 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. It consists of a
summary of the rule appearing in
Federal Acquisition Circular (FAC)
2005–64, which amends the Federal
Acquisition Regulation (FAR). An
asterisk (*) next to a rule indicates that
a regulatory flexibility analysis has been
prepared. Interested parties may obtain
further information regarding this rule
by referring to FAC 2005–64, which
precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
SUMMARY:
For effective date see separate
document, which follows.
DATES:
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FAR
Case
* Nondisplacement of
Qualified Workers
Under Service Contracts.
2011–028
Analyst
Loeb
A
summary for the FAR rule follows. For
the actual revisions and/or amendments
made by this FAR case, refer to the
specific item number and subject set
forth in the document following the
item summary. FAC 2005–64 amends
the FAR as specified below:
SUPPLEMENTARY INFORMATION:
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.
[FR Doc. 2012–30593 Filed 12–20–12; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 9
RIN 1215–AB69; 1235–AA02
Nondisplacement of Qualified Workers
Under Service Contracts; Effective
Date
Wage and Hour Division,
Department of Labor.
ACTION: Final rule; notice of effective
date and OMB approval of information
collection requirements.
The Department of Labor
announces the effective date of its Final
Rule published on August 29, 2011, to
implement Executive Order 13495,
SUMMARY:
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Nondisplacement of Qualified Workers
Under Service Contracts (Executive
Order 13495 or Order). Executive Order
13495 states that the Order shall apply
to solicitations issued on or after the
effective date of regulations issued by
the Federal Acquisition Regulatory
Council (FARC) to amend the Federal
Acquisition Regulation (FAR) to provide
for the inclusion of the contract clause
set forth in Executive Order 13495 in
Federal solicitations and contracts for
services subject to the Order (FARC
Final Rule). The Department of Labor
Final Rule provided that it would not be
effective until the FARC issued the
FARC Final Rule, and that as a result,
the Department of Labor would publish
a notice in the Federal Register
announcing the effective date once the
effective date was determined. The
FARC has established January 18, 2013
as the effective date for its final rule. In
accordance with the Department of
Labor Final Rule, this document advises
the public of the effective date of the
Department’s Final Rule. In addition, in
accordance with the Paperwork
Reduction Act (PRA), the Department of
Labor announces that the Office of
Management and Budget has approved
the information collection requirements
contained in the Department of Labor
Final Rule.
The effective date for the Final
Rule published on August 29, 2011 (76
FR 53720), is January 18, 2013. In
addition, on December 7, 2011, the
Office of Management and Budget
(OMB) approved under the Paperwork
Reduction Act the Department of
Labor’s information collection request
for requirements in 29 CFR 9.21; 9.12(a),
(b), (e)(1), (e)(2), and (f) as published in
the Federal Register on August 29,
2011. See 76 FR 53744. The current
expiration date for OMB authorization
for this information collection is
December 31, 2014.
DATES:
FOR FURTHER INFORMATION CONTACT:
AGENCY:
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.
FOR FURTHER INFORMATION CONTACT:
Subject
Nondisplacement of Qualified Workers
Under Service Contracts (FAR Case
2011–028)
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
ACTION:
RULE IN FAC 2005–64
Timothy Helm, Division of Enforcement
Policies and Procedures, Branch Chief,
Branch of Government Contracts
Enforcement, Wage and Hour Division,
U.S. Department of Labor, at (202) 693–
0064 (this is not a toll-free number).
This notice is available through the
printed Federal Register and
electronically via the https://
www.gpoaccess.gov/fr/ Web
site.
Copies of this notice may be obtained
in alternative formats (Large Print,
Braille, Audio Tape or Disc), upon
request, by calling (202) 693–0023 (not
a toll-free number). TTY/TDD callers
may dial toll-free (877) 889–5627 to
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Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations
obtain information or request materials
in alternative formats.
Executive
Order 13495 establishes a general policy
of the Federal Government concerning
service contracts and solicitations for
service contracts for performance of the
same or similar services at the same
location. This policy mandates the
inclusion of a contract clause requiring
the successor contractor and its
subcontractors to offer those employees
employed under the predecessor
contract, whose employment will be
otherwise terminated as a result of the
award of the successor contract, a right
of first refusal of employment under the
successor contract in positions for
which they are qualified. Because the
Executive Order applies to contract
solicitations issued on or after the
effective date for FARC Final Rule, the
Department of Labor’s final rule
published August 29, 2011 (76 FR
53720) could not become effective until
the effective date of the FARC Final
Rule. The FARC Final Rule has an
effective date of January 18, 2013. The
effective date of the Department’s Final
Rule also is January 18, 2013.
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The Department’s final rule includes
information collection requirements
subject to the Paperwork Reduction Act.
Specifically, the final rule requires
information collections for employment
offers (§ 9.12(a), (b), (e)(1), (e)(2), and
(f)), and related to the filing of
complaints (§ 9.21)). As discussed in the
preamble to the final rule, the
Department submitted the information
collections contained therein to the
Office of Management and Budget
(OMB) for approval. (76 FR 53744) On
December 7, 2011, OMB approved the
Department’s information collection
request under Control Number 1235–
0025, thus giving effect to the
information collection requirements
contained in the final rule published in
the Federal Register on August 29,
2011. The current expiration date for
OMB authorization for this information
collection is December 13, 2014.
The Department has determined that
good cause exists to make this Final
Rule effective on January 18, 2013,
concurrent with the effective date of the
FARC Final Rule. This Final Rule is a
technical amendment to the
Department’s final rule published in the
Federal Register on August 29, 2011 (76
FR 53720), in which the Department
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75781
advised the public that the rule would
not be effective until the FARC issued
the FARC Final Rule, and that as a
result, the Department would publish a
notice in the Federal Register
announcing the effective date once the
effective date was determined.
Contractors and subcontractors subject
to the Department’s Final Rule have had
sufficient opportunity to determine how
they would comply with the
Department’s Final Rule. Furthermore,
it is in the public interest to make the
effective date of the Department’s Final
Rule concurrent with the FARC Final
Rule’s effective date to avoid confusion
that could result for contractors and
subcontractors if the two rules were to
have differing effective dates. For the
reasons stated, it is the Department’s
position that is not necessary to delay
the effective date of this Final Rule until
30 days after publication in the Federal
Register.
Dated: December 13, 2012.
Mary Beth Maxwell,
Acting Deputy Administrator, Wage and Hour
Division.
[FR Doc. 2012–30595 Filed 12–20–12; 8:45 am]
BILLING CODE 4510–27–P
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]]>Agencies
[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75780-75781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30595]
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DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 9
RIN 1215-AB69; 1235-AA02
Nondisplacement of Qualified Workers Under Service Contracts;
Effective Date
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Final rule; notice of effective date and OMB approval of
information collection requirements.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor announces the effective date of its
Final Rule published on August 29, 2011, to implement Executive Order
13495, Nondisplacement of Qualified Workers Under Service Contracts
(Executive Order 13495 or Order). Executive Order 13495 states that the
Order shall apply to solicitations issued on or after the effective
date of regulations issued by the Federal Acquisition Regulatory
Council (FARC) to amend the Federal Acquisition Regulation (FAR) to
provide for the inclusion of the contract clause set forth in Executive
Order 13495 in Federal solicitations and contracts for services subject
to the Order (FARC Final Rule). The Department of Labor Final Rule
provided that it would not be effective until the FARC issued the FARC
Final Rule, and that as a result, the Department of Labor would publish
a notice in the Federal Register announcing the effective date once the
effective date was determined. The FARC has established January 18,
2013 as the effective date for its final rule. In accordance with the
Department of Labor Final Rule, this document advises the public of the
effective date of the Department's Final Rule. In addition, in
accordance with the Paperwork Reduction Act (PRA), the Department of
Labor announces that the Office of Management and Budget has approved
the information collection requirements contained in the Department of
Labor Final Rule.
DATES: The effective date for the Final Rule published on August 29,
2011 (76 FR 53720), is January 18, 2013. In addition, on December 7,
2011, the Office of Management and Budget (OMB) approved under the
Paperwork Reduction Act the Department of Labor's information
collection request for requirements in 29 CFR 9.21; 9.12(a), (b),
(e)(1), (e)(2), and (f) as published in the Federal Register on August
29, 2011. See 76 FR 53744. The current expiration date for OMB
authorization for this information collection is December 31, 2014.
FOR FURTHER INFORMATION CONTACT: Timothy Helm, Division of Enforcement
Policies and Procedures, Branch Chief, Branch of Government Contracts
Enforcement, Wage and Hour Division, U.S. Department of Labor, at (202)
693-0064 (this is not a toll-free number).
This notice is available through the printed Federal Register and
electronically via the https://www.gpoaccess.gov/fr/ Web site.
Copies of this notice may be obtained in alternative formats (Large
Print, Braille, Audio Tape or Disc), upon request, by calling (202)
693-0023 (not a toll-free number). TTY/TDD callers may dial toll-free
(877) 889-5627 to
[[Page 75781]]
obtain information or request materials in alternative formats.
SUPPLEMENTARY INFORMATION: Executive Order 13495 establishes a general
policy of the Federal Government concerning service contracts and
solicitations for service contracts for performance of the same or
similar services at the same location. This policy mandates the
inclusion of a contract clause requiring the successor contractor and
its subcontractors to offer those employees employed under the
predecessor contract, whose employment will be otherwise terminated as
a result of the award of the successor contract, a right of first
refusal of employment under the successor contract in positions for
which they are qualified. Because the Executive Order applies to
contract solicitations issued on or after the effective date for FARC
Final Rule, the Department of Labor's final rule published August 29,
2011 (76 FR 53720) could not become effective until the effective date
of the FARC Final Rule. The FARC Final Rule has an effective date of
January 18, 2013. The effective date of the Department's Final Rule
also is January 18, 2013.
The Department's final rule includes information collection
requirements subject to the Paperwork Reduction Act. Specifically, the
final rule requires information collections for employment offers
(Sec. 9.12(a), (b), (e)(1), (e)(2), and (f)), and related to the
filing of complaints (Sec. 9.21)). As discussed in the preamble to the
final rule, the Department submitted the information collections
contained therein to the Office of Management and Budget (OMB) for
approval. (76 FR 53744) On December 7, 2011, OMB approved the
Department's information collection request under Control Number 1235-
0025, thus giving effect to the information collection requirements
contained in the final rule published in the Federal Register on August
29, 2011. The current expiration date for OMB authorization for this
information collection is December 13, 2014.
The Department has determined that good cause exists to make this
Final Rule effective on January 18, 2013, concurrent with the effective
date of the FARC Final Rule. This Final Rule is a technical amendment
to the Department's final rule published in the Federal Register on
August 29, 2011 (76 FR 53720), in which the Department advised the
public that the rule would not be effective until the FARC issued the
FARC Final Rule, and that as a result, the Department would publish a
notice in the Federal Register announcing the effective date once the
effective date was determined. Contractors and subcontractors subject
to the Department's Final Rule have had sufficient opportunity to
determine how they would comply with the Department's Final Rule.
Furthermore, it is in the public interest to make the effective date of
the Department's Final Rule concurrent with the FARC Final Rule's
effective date to avoid confusion that could result for contractors and
subcontractors if the two rules were to have differing effective dates.
For the reasons stated, it is the Department's position that is not
necessary to delay the effective date of this Final Rule until 30 days
after publication in the Federal Register.
Dated: December 13, 2012.
Mary Beth Maxwell,
Acting Deputy Administrator, Wage and Hour Division.
[FR Doc. 2012-30595 Filed 12-20-12; 8:45 am]
BILLING CODE 4510-27-P
