Federal Acquisition Regulation; Further Amendments to Equal Employment Opportunity, 75907-75908 [2015-30457]

Download as PDF Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations Certification Regarding Tax Matters (Feb 2016) (a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113–235), and similar provisions, if contained in subsequent appropriations acts. (b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including options), the Offeror shall certify that, to the best of its knowledge and belief, it— (1) Has [ ] filed all Federal tax returns required during the three years preceding the certification; (2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (End of provision) ■ 9. Amend section 52.212–3 by— ■ a. Revising the date of the provision; ■ b. Removing from the introductory text and the first undesignated paragraph in paragraph (b)(2) ‘‘through p’’ and adding ‘‘though q’’ in their places, respectively; and ■ c. Adding paragraph (q). The revision and addition read as follows: agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that— (i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) [FR Doc. 2015–30456 Filed 12–3–15; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 22, and 52 [FAC 2005–85; FAR Case 2015–013; Item II; Docket No. 2015–0013, Sequence No. 1] RIN 9000–AN01 52.212–3 Offeror Representations and Certifications—Commercial Items. Federal Acquisition Regulation; Further Amendments to Equal Employment Opportunity * AGENCY: * * * * Offeror Representations and Certifications— Commercial Items (Feb 2016) wgreen on DSK2VPTVN1PROD with RULES2 * * * * * (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113–235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that— (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an VerDate Sep<11>2014 15:22 Dec 03, 2015 Jkt 238001 Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13672, entitled, ‘‘Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,’’ and a final rule issued by the Department of Labor (DOL). DATES: Effective: December 4, 2015. 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 2005–85, FAR Case 2015–013. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 75907 I. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 80 FR 19504 on April 10, 2015, to implement E.O. 13672, entitled, ‘‘Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,’’ and a final rule issued by the Department of Labor at 41 CFR part 60. One public comment was submitted on the interim rule. II. Discussion and Analysis The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the public comment in the development of the final rule. The respondent had pointed to an error in a clause number in the interim rule publication. The error in FAR 52.213–4 was corrected in a Technical Amendment to Federal Acquisition Circular 2005–82 published in the Federal Register at 80 FR 26427 on May 7, 2015; therefore no further change to the interim rule is required. 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 not a significant regulatory action and, therefore, was not 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 DoD, GSA, and NASA have prepared a Final Regulatory Flexibility Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 U.S.C. 604, et seq. The FRFA is summarized as follows: This rule is necessary to implement Executive Order (E.O.) 13672, ‘‘Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,’’ and a final rule issued by the DOL at 41 CFR part 60, which published in the Federal Register at 79 FR 72985 on December 09, 2014. The interim rule, published on April 10, 2015, provides for a uniform policy to E:\FR\FM\04DER2.SGM 04DER2 75908 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations prohibit discrimination in Federal Government procurement by adding sexual orientation and gender identity to the prohibited bases of discrimination established by E.O. 11246. No public comments were submitted in response to the initial regulatory flexibility analysis. Therefore, there were no issues to assess and no changes were made to the interim rule. The rule will apply to all contracts and subcontracts subject to the Equal Opportunity FAR clause 52.222–26, which is prescribed for all contracts over $10,000 that are not completely exempted. Using Fiscal Year 2013 Federal Procurement Data System and Federal Subcontract Reporting System data it is estimated that awards were made to 168,758 unique small businesses and that subcontracts were awarded to 61,816 unique small businesses. It is noted that there is likely a good measure of overlap between the unique small businesses that receive Federal awards and those that receive subcontract awards resulting in a likely overestimated total of 230,574. Recordkeeping and reporting requirements involve regulatory familiarization and administrative costs associated with incorporating revised language into policies, instructions, notices to employees, and subcontracts. Other changes made by the rule, such as the prohibition of segregation of facilities are expected to have only minimal cost impacts as they do not require modification or construction of additional facilities, but rather to provide equal access to existing facilities. An analysis of estimated costs of the regulatory changes was prepared for the DOL final rule, which published in the Federal Register at 79 FR 72985 on December 09, 2014. No significant alternatives to the rule were identified that would accomplish the stated objectives of the E.O. and the DOL implementing regulations. Every effort has been made to minimize the burdens imposed. Interested parties may obtain a copy of the FRFA from the Regulatory Secretariat. The Regulatory Secretariat has submitted a copy of the FRFA to the Chief Counsel for Advocacy of the Small Business Administration. wgreen on DSK2VPTVN1PROD with RULES2 V. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; however, the information collection authorization is under the DOL regulations and is assigned OMB Control Number 1250– 0009, entitled, ‘‘Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors.’’ This collection under 1250–0009 will be incorporated into 1250–0001 and 1250– 0003. List of Subjects in 48 CFR Parts 1, 22, and 52 Government procurement. VerDate Sep<11>2014 15:22 Dec 03, 2015 Jkt 238001 Dated: November 20, 2015. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 1, 22, and 52, which was published in the Federal Register at 80 FR 19504 on April 10, 2015, is adopted as final without change. [FR Doc. 2015–30457 Filed 12–3–15; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 22, and 52 [FAC 2005–85; FAR Case 2015–036; Item III; Docket No. 2015–0036, Sequence No. 1] RIN 9000–AN14 Federal Acquisition Regulation; Updating Federal Contractor Reporting of Veterans’ Employment Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule. AGENCY: DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement a final rule issued by the Department of Labor’s (DOL) Veterans’ Employment and Training Service (VETS), which replaced the VETS–100 and VETS–100A Federal Contractor Veterans’ Employment Report forms with the new VETS–4212, Federal Contractor Veterans’ Employment Report form. DATES: Effective: February 26, 2016. Applicability: This rule applies to (1) solicitations and contracts awarded on or after the effective date; and (2) modifications on or after the effective date to existing contracts, if the contracts are otherwise being modified. Comment date: Interested parties should submit written comments to the Regulatory Secretariat on or before February 2, 2016 to be considered in the formation of the final rule. ADDRESSES: Submit comments identified by FAC 2005–85, FAR Case SUMMARY: PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 2015–036, by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘FAR Case 2015–036’’ Select the link ‘‘Comment Now’’ that corresponds with ‘‘FAR Case 2015– 036’’. Follow the instructions provided at the ‘‘Comment Now’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2015–036’’ on your attached document. • Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd floor, Washington, DC 20405. Instructions: Please submit comments only and cite FAC 2005–85, FAR Case 2015–036, in all correspondence related to this case. All comments received will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). 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 2005–85, FAR Case 2015–036. SUPPLEMENTARY INFORMATION: I. Background DoD, GSA, and NASA are issuing an interim rule amending the FAR to implement a final rule issued by VETS of the DOL that was published in the Federal Register at 79 FR 57463 on September 25, 2014, which rescinded the regulations at 41 CFR part 61–250 and revised the regulations at 41 CFR part 61–300, which implemented the reporting requirements under the Vietnam Era Veterans’ Readjustment Assistance Act, as amended (VEVRAA) and the Jobs for Veterans Act (JVA) (Pub. L. 107–288). VEVRAA requires Federal contractors and subcontractors to annually report on the total number of their employees who belong to the categories of veterans protected under VEVRAA, as amended by the JVA, and the total number of those protected veterans who were hired during the period covered by the report. One of the main purposes of the DOL’s rule was to revise the reporting requirement applicable to Government and E:\FR\FM\04DER2.SGM 04DER2

Agencies

[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Rules and Regulations]
[Pages 75907-75908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30457]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 22, and 52

[FAC 2005-85; FAR Case 2015-013; Item II; Docket No. 2015-0013, 
Sequence No. 1]
RIN 9000-AN01


Federal Acquisition Regulation; Further Amendments to Equal 
Employment Opportunity

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 Executive Order (E.O.) 13672, entitled, ``Further Amendments 
to Executive Order 11478, Equal Employment Opportunity in the Federal 
Government, and Executive Order 11246, Equal Employment Opportunity,'' 
and a final rule issued by the Department of Labor (DOL).

DATES: Effective: December 4, 2015.

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 2005-85, FAR Case 2015-
013.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 80 FR 19504 on April 10, 2015, to implement E.O. 13672, 
entitled, ``Further Amendments to Executive Order 11478, Equal 
Employment Opportunity in the Federal Government, and Executive Order 
11246, Equal Employment Opportunity,'' and a final rule issued by the 
Department of Labor at 41 CFR part 60. One public comment was submitted 
on the interim rule.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the public comment in the 
development of the final rule. The respondent had pointed to an error 
in a clause number in the interim rule publication. The error in FAR 
52.213-4 was corrected in a Technical Amendment to Federal Acquisition 
Circular 2005-82 published in the Federal Register at 80 FR 26427 on 
May 7, 2015; therefore no further change to the interim rule is 
required.

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 not a significant regulatory action and, therefore, was not 
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

    DoD, GSA, and NASA have prepared a Final Regulatory Flexibility 
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 
U.S.C. 604, et seq. The FRFA is summarized as follows:

    This rule is necessary to implement Executive Order (E.O.) 
13672, ``Further Amendments to Executive Order 11478, Equal 
Employment Opportunity in the Federal Government, and Executive 
Order 11246, Equal Employment Opportunity,'' and a final rule issued 
by the DOL at 41 CFR part 60, which published in the Federal 
Register at 79 FR 72985 on December 09, 2014.
    The interim rule, published on April 10, 2015, provides for a 
uniform policy to

[[Page 75908]]

prohibit discrimination in Federal Government procurement by adding 
sexual orientation and gender identity to the prohibited bases of 
discrimination established by E.O. 11246.
    No public comments were submitted in response to the initial 
regulatory flexibility analysis. Therefore, there were no issues to 
assess and no changes were made to the interim rule.
    The rule will apply to all contracts and subcontracts subject to 
the Equal Opportunity FAR clause 52.222-26, which is prescribed for 
all contracts over $10,000 that are not completely exempted. Using 
Fiscal Year 2013 Federal Procurement Data System and Federal 
Subcontract Reporting System data it is estimated that awards were 
made to 168,758 unique small businesses and that subcontracts were 
awarded to 61,816 unique small businesses. It is noted that there is 
likely a good measure of overlap between the unique small businesses 
that receive Federal awards and those that receive subcontract 
awards resulting in a likely overestimated total of 230,574.
    Recordkeeping and reporting requirements involve regulatory 
familiarization and administrative costs associated with 
incorporating revised language into policies, instructions, notices 
to employees, and subcontracts. Other changes made by the rule, such 
as the prohibition of segregation of facilities are expected to have 
only minimal cost impacts as they do not require modification or 
construction of additional facilities, but rather to provide equal 
access to existing facilities. An analysis of estimated costs of the 
regulatory changes was prepared for the DOL final rule, which 
published in the Federal Register at 79 FR 72985 on December 09, 
2014.
    No significant alternatives to the rule were identified that 
would accomplish the stated objectives of the E.O. and the DOL 
implementing regulations. Every effort has been made to minimize the 
burdens imposed.

    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy 
of the FRFA to the Chief Counsel for Advocacy of the Small Business 
Administration.

V. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; 
however, the information collection authorization is under the DOL 
regulations and is assigned OMB Control Number 1250-0009, entitled, 
``Prohibiting Discrimination Based on Sexual Orientation and Gender 
Identity by Contractors and Subcontractors.'' This collection under 
1250-0009 will be incorporated into 1250-0001 and 1250-0003.

List of Subjects in 48 CFR Parts 1, 22, and 52

    Government procurement.

    Dated: November 20, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR parts 1, 22, and 52, 
which was published in the Federal Register at 80 FR 19504 on April 10, 
2015, is adopted as final without change.

[FR Doc. 2015-30457 Filed 12-3-15; 8:45 am]
BILLING CODE 6820-EP-P

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