Federal Acquisition Regulation; Federal Acquisition Circular 2005-90; Introduction, 58561-58562 [2016-19675]
Download as PDF
<![CDATA[
Vol. 81
Thursday,
No. 165
August 25, 2016
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
mstockstill on DSK3G9T082PROD with RULES2
48 CFR Chapter 1 and Parts 1, 4, 9, et al.
Federal Acquisition Regulations; Federal Acquisition Circular 2005–90;
Introduction, Fair Pay and Safe Workplaces, and Federal Acquisition
Circular 2005–90; Small Entity Compliance Guide; Final Rules
VerDate Sep<11>2014
17:14 Aug 24, 2016
Jkt 238001
PO 00000
Frm 00001
Fmt 4717
Sfmt 4717
E:\FR\FM\25AUR2.SGM
25AUR2
58562
Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2015–0051, Sequence No.
4]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–90;
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) 2005–90. 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 dates see separate
documents, which follow.
FOR FURTHER INFORMATION CONTACT: The
analyst whose name appears in the table
below in relation to the FAR case.
Please cite FAC 2005–90 and the
specific FAR case number. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at 202–501–4755.
SUMMARY:
RULE LISTED IN FAC 2005–90
Subject
FAR case
Fair Pay and Safe
Workplaces.
Analyst
2014–025
Delgado.
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 this item summary.
FAC 2005–90 amends the FAR as
specified below:
mstockstill on DSK3G9T082PROD with RULES2
SUPPLEMENTARY INFORMATION:
Fair Pay and Safe Workplaces (FAR
Case 2014–025)
DoD, GSA, and NASA are issuing a
final rule amending the FAR to
implement Executive Order (E.O.)
13673, Fair Pay and Safe Workplaces,
amended by E.O. 13683, to correct a
VerDate Sep<11>2014
17:14 Aug 24, 2016
Jkt 238001
statutory citation, and further amended
by an E.O. signed today to modify the
handling of subcontractor disclosures
and clarify the requirements for public
disclosure of documents. E.O. 13673 is
designed to improve contractor
compliance with labor laws and
increase efficiency and cost savings in
Federal contracting. As E.O. 13673
explains, ensuring compliance with
labor laws drives economy and
efficiency by promoting ‘‘safe, healthy,
fair, and effective workplaces.
Contractors that consistently adhere to
labor laws are more likely to have
workplace practices that enhance
productivity and increase the likelihood
of timely, predictable, and satisfactory
delivery of goods and services to the
Federal Government.’’ The E.O. was
signed July 31, 2014. The Department of
Labor is simultaneously issuing final
Guidance to assist Federal agencies in
implementation of the E.O. in
conjunction with the FAR final rule.
The E.O. requires that prospective and
existing contractors on covered
contracts disclose decisions regarding
violations of certain labor laws, and that
contracting officers, in consultation
with agency labor compliance advisors
(ALCAs), a new position created by the
E.O., consider the decisions, (including
any mitigating factors and remedial
measures), as part of the contracting
officer’s decision to award or extend a
contract. In addition, the E.O. creates
new paycheck transparency protections,
among other things, to ensure that
workers on covered contracts are given
the necessary information each pay
period to verify the accuracy of what
they are paid. Finally, the E.O. limits
the use of predispute arbitration clauses
in employment agreements on covered
Federal contracts. Phase-ins: (1) From
October 25, 2016 through April 24,
2017, the prime contractor disclosure
requirements will apply to solicitations
with an estimated value of $50 million
or more, and resultant contracts; after
April 24, 2017, the requirements apply
to solicitations estimated to exceed
$500,000, and resultant contracts. (2)
The requirements apply to
subcontractors starting October 25,
2017. (3) The decision disclosure period
covers labor law decisions rendered
against the offeror during the period
beginning on October 25, 2015 to the
date of the offer, or for three years
preceding the offer, whichever period is
shorter. (4) The paycheck transparency
clause applies to solicitations starting
January 1, 2017. There is significant
impact on small entities imposed by the
FAR rule.
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
Dated: August 10, 2016.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Federal Acquisition Circular (FAC)
2005–90 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 2005–90 is effective August 25,
2016 except for FAR Case 2014–025,
which is effective October 25, 2016.
Dated: August 11, 2016.
Claire M. Grady,
Director, Defense Procurement and
Acquisition Policy
Dated: August 12, 2016.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
Dated: August 10, 2016.
William G. Roets,
Acting Assistant Administrator, Office of
Procurement, National Aeronautics and
Space Administration.
[FR Doc. 2016–19675 Filed 8–24–16; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 4, 9, 17, 22, 42, and 52
[FAC 2005–90; FAR Case 2014–025; Docket
No. 2014–0025, Sequence No. 1]
RIN 9000–AM81
Federal Acquisition Regulation; Fair
Pay and Safe Workplaces
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
implement Executive Order 13673, Fair
Pay and Safe Workplaces, which is
designed to increase efficiency and cost
savings in Federal contracting by
improving contractor compliance with
labor laws. The Department of Labor is
simultaneously issuing final Guidance
to assist Federal agencies in
SUMMARY:
E:\FR\FM\25AUR2.SGM
25AUR2
]]>Agencies
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58561-58562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19675]
[[Page 58561]]
Vol. 81
Thursday,
No. 165
August 25, 2016
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Chapter 1 and Parts 1, 4, 9, et al.
Federal Acquisition Regulations; Federal Acquisition Circular 2005-90;
Introduction, Fair Pay and Safe Workplaces, and Federal Acquisition
Circular 2005-90; Small Entity Compliance Guide; Final Rules
Federal Register / Vol. 81 , No. 165 / Thursday, August 25, 2016 /
Rules and Regulations
[[Page 58562]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2015-0051, Sequence No. 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-90; 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) 2005-90. 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 dates see separate documents, which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to the FAR case. Please cite FAC 2005-90 and
the specific FAR case number. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at 202-501-
4755.
Rule Listed in FAC 2005-90
------------------------------------------------------------------------
Subject FAR case Analyst
------------------------------------------------------------------------
Fair Pay and Safe Workplaces......... 2014-025 Delgado.
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: 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
this item summary. FAC 2005-90 amends the FAR as specified below:
Fair Pay and Safe Workplaces (FAR Case 2014-025)
DoD, GSA, and NASA are issuing a final rule amending the FAR to
implement Executive Order (E.O.) 13673, Fair Pay and Safe Workplaces,
amended by E.O. 13683, to correct a statutory citation, and further
amended by an E.O. signed today to modify the handling of subcontractor
disclosures and clarify the requirements for public disclosure of
documents. E.O. 13673 is designed to improve contractor compliance with
labor laws and increase efficiency and cost savings in Federal
contracting. As E.O. 13673 explains, ensuring compliance with labor
laws drives economy and efficiency by promoting ``safe, healthy, fair,
and effective workplaces. Contractors that consistently adhere to labor
laws are more likely to have workplace practices that enhance
productivity and increase the likelihood of timely, predictable, and
satisfactory delivery of goods and services to the Federal
Government.'' The E.O. was signed July 31, 2014. The Department of
Labor is simultaneously issuing final Guidance to assist Federal
agencies in implementation of the E.O. in conjunction with the FAR
final rule.
The E.O. requires that prospective and existing contractors on
covered contracts disclose decisions regarding violations of certain
labor laws, and that contracting officers, in consultation with agency
labor compliance advisors (ALCAs), a new position created by the E.O.,
consider the decisions, (including any mitigating factors and remedial
measures), as part of the contracting officer's decision to award or
extend a contract. In addition, the E.O. creates new paycheck
transparency protections, among other things, to ensure that workers on
covered contracts are given the necessary information each pay period
to verify the accuracy of what they are paid. Finally, the E.O. limits
the use of predispute arbitration clauses in employment agreements on
covered Federal contracts. Phase-ins: (1) From October 25, 2016 through
April 24, 2017, the prime contractor disclosure requirements will apply
to solicitations with an estimated value of $50 million or more, and
resultant contracts; after April 24, 2017, the requirements apply to
solicitations estimated to exceed $500,000, and resultant contracts.
(2) The requirements apply to subcontractors starting October 25, 2017.
(3) The decision disclosure period covers labor law decisions rendered
against the offeror during the period beginning on October 25, 2015 to
the date of the offer, or for three years preceding the offer,
whichever period is shorter. (4) The paycheck transparency clause
applies to solicitations starting January 1, 2017. There is significant
impact on small entities imposed by the FAR rule.
Dated: August 10, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Federal Acquisition Circular (FAC) 2005-90 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 2005-90 is
effective August 25, 2016 except for FAR Case 2014-025, which is
effective October 25, 2016.
Dated: August 11, 2016.
Claire M. Grady,
Director, Defense Procurement and Acquisition Policy
Dated: August 12, 2016.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition
Policy, U.S. General Services Administration.
Dated: August 10, 2016.
William G. Roets,
Acting Assistant Administrator, Office of Procurement, National
Aeronautics and Space Administration.
[FR Doc. 2016-19675 Filed 8-24-16; 8:45 am]
BILLING CODE 6820-EP-P
