Federal Acquisition Regulation; Federal Acquisition Circular 2005-96; Small Entity Compliance Guide, 51526-51527 [2017-23598]
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Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
ACTION:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
SUMMARY:
Summary presentation of a final
rule.
48 CFR Chapter 1
[Docket No. FAR 2017–0051, Sequence
No. 1]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–96;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
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) 2005–96. 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.
For effective date see separate
document, which follows.
DATES:
Ms.
Zenaida Delgado, Procurement Analyst,
at 202–969–7207 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite FAC 2005–96, FAR
Case 2017–015.
FOR FURTHER INFORMATION CONTACT:
RULE LISTED IN FAC 2005–96
Subject
FAR case
Removal of Fair Pay and Safe Workplaces Rule ...............................................................................................
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 2005–96 amends the FAR as
specified below:
Pmangrum on DSK3GDR082PROD with RULES2
SUPPLEMENTARY INFORMATION:
Removal of Fair Pay and Safe
Workplaces Rule (FAR Case 2017–015)
This final rule rescinds the final rule
at 81 FR 58562 (August 25, 2016). This
was FAR Case 2014–025, Fair Pay and
Safe Workplaces, which was a
significant rule under Executive Order
(E.O.) 12866 and a major rule under 5
U.S.C. 804. Because of a Federal court
injunction, the only provision or clause
that had gone into effect was FAR
52.222–60, Paycheck Transparency
(Executive Order 13673), which was
included in solicitations starting on
January 1, 2017. On March 27, 2017,
Public Law 115–11 disapproved the rule
under the Congressional Review Act.
Therefore, by law, the rule has no force
or effect, including the FAR 52.222–60
clause. Also on March 27, 2017, E.O.
13782, Revocation of Federal
Contracting Executive Orders, rescinded
the E.O.s that originally authorized the
rule. All steps should be taken to ensure
that no sections, provisions, or clauses
of the final rule are implemented.
DEPARTMENT OF DEFENSE
Dated: October 23, 2017.
Shay D. Assad,
Director, Defense Pricing/Defense,
Procurement and Acquisition Policy.
Dated: October 11, 2017.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
Dated: October 3, 2017.
William P. McNally,
Assistant Administrator, Office of
Procurement National Aeronautics and Space
Administration.
[Docket No. FAR 2017–0051, Sequence
No. 1]
[FR Doc. 2017–23589 Filed 11–3–17; 8:45 am]
BILLING CODE 6820–EP–P
Federal Acquisition Circular (FAC)
2005–96 is issued under the authority of
14:53 Nov 03, 2017
Jkt 244001
Delgado.
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 2005–96 is effective November
6, 2017.
Dated: October 11, 2017.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
VerDate Sep<11>2014
2017–015
Analyst
PO 00000
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GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–96;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
AGENCY:
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)
2005–96, 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 2005–96, which
precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
DATES: November 6, 2017.
SUMMARY:
E:\FR\FM\06NOR2.SGM
06NOR2
Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations
Ms.
Zenaida Delgado, Procurement Analyst,
at 202–969–7207 for clarification of
FOR FURTHER INFORMATION CONTACT:
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
51527
4755. Please cite FAC 2005–96, FAR
Case 2017–015.
RULE LISTED IN FAC 2005–96
Subject
FAR case
Removal of Fair Pay and Safe Workplaces Rule ...............................................................................................
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 2005–96 amends the FAR as
specified below:
SUPPLEMENTARY INFORMATION:
Removal of Fair Pay and Safe
Workplaces Rule (FAR Case 2017–015)
This final rule rescinds the final rule
at 81 FR 58562 (August 25, 2016). This
was FAR Case 2014–025, Fair Pay and
Safe Workplaces, which was a
significant rule under Executive Order
(E.O.) 12866 and a major rule under 5
U.S.C. 804. Because of a Federal court
injunction, the only provision or clause
that had gone into effect was FAR
52.222–60, Paycheck Transparency
(Executive Order 13673), which was
included in solicitations starting on
January 1, 2017. On March 27, 2017,
Public Law 115–11 disapproved the rule
under the Congressional Review Act.
Therefore, by law, the rule has no force
or effect, including the FAR 52.222–60
clause. Also on March 27, 2017, E.O.
13782, Revocation of Federal
Contracting Executive Orders, rescinded
the E.O.s that originally authorized the
rule. All steps should be taken to ensure
that no sections, provisions, or clauses
of the final rule are implemented.
Dated: October 11, 2017.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
[FR Doc. 2017–23598 Filed 11–3–17; 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 2005–96; FAR Case 2017–015; Docket
No. 2017–0002; Sequence No. 1]
RIN 9000–AN52
Federal Acquisition Regulation;
Removal of Fair Pay and Safe
Workplaces Rule
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
implement a public law that
disapproved the final rule, Fair Pay and
Safe Workplaces (FAR Case 2014–025),
and an Executive Order (E.O.) dated
March 27, 2017, that rescinded the prior
Executive orders authorizing that rule.
DATES:
Effective date: November 6, 2017.
Applicability dates: See section I.F of
the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Ms.
Zenaida Delgado, Procurement Analyst,
at 202–969–7207 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755. Please cite FAC 2005–
96, FAR Case 2017–015.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Pmangrum on DSK3GDR082PROD with RULES2
I. Background
A. The FAR Rule Implementing E.O.
13673
FAR Case 2014–025 implemented
E.O. 13673, Fair Pay and Safe
Workplaces, dated July 31, 2014 (79 FR
45309, August 5, 2014), amended by
section 3 of E.O. 13683, dated December
11, 2014 (79 FR 75041, December 16,
2014) and E.O. 13738, dated August 23,
2016 (81 FR 58807, August 26, 2016).
VerDate Sep<11>2014
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2017–015
Analyst
Delgado.
The FAR Case final rule was
published in the Federal Register on
August 25, 2016, at 81 FR 58562. It was
to be effective on October 25, 2016.
Certain aspects of the rule were to be
phased in. For example, the clause at
FAR 52.222–60, Paycheck Transparency
(Executive Order 13673), was to be
inserted in solicitations starting January
1, 2017, if the estimated value of the
resultant contract was to exceed
$500,000.
The Department of Labor (DOL)
published ‘‘Guidance for Executive
Order 13673, ‘Fair Pay and Safe
Workplaces’’’ on the same day as the
FAR final rule was published (81 FR
58653).
B. Injunction and Federal Acquisition
Regulatory Council Memorandum
On October 7, 2016, the Associated
Builders and Contractors of Southeast
Texas, Inc., the Associated Builders and
Contractors, Inc., and the National
Association of Security Companies filed
a lawsuit in the United States District
Court for the Eastern District of Texas
(Civil Action No. 1:16–CV–425) seeking
to overturn the final rule. On October
13, 2016, the plaintiffs filed an
‘‘Emergency Motion for Temporary
Restraining Order and Preliminary
Injunction.’’
On October 24, 2016, the District
Court issued a ‘‘Memorandum and
Order Granting Preliminary Injunction.’’
The Court Order (on page 31) stated:
‘‘Defendants are enjoined [from]
implementing any portion of the FAR
Rule or the DOL Guidance relating to
the new reporting and disclosure
requirements regarding labor law
violations as described in E.O. 13673
and implemented in the FAR Rule and
DOL Guidance. Further, Defendants are
enjoined from enforcing the restriction
on arbitration agreements.’’
The Court Order did not enjoin the
Paycheck Transparency clause, FAR
52.222–60. Starting January 1, 2017, this
clause was prescribed for solicitations if
the estimated value of the resultant
contract would exceed $500,000.
On October 25, 2016, the Federal
Acquisition Regulatory Council issued a
memorandum to the Chief Acquisition
Officers, Senior Procurement
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]]>Agencies
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Rules and Regulations]
[Pages 51526-51527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23598]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2017-0051, Sequence No. 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-96; Small Entity Compliance Guide
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
-----------------------------------------------------------------------
SUMMARY: 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) 2005-96, 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 2005-96, which precedes this document.
These documents are also available via the Internet at https://www.regulations.gov.
DATES: November 6, 2017.
[[Page 51527]]
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-96, FAR Case 2017-
015.
Rule Listed in FAC 2005-96
------------------------------------------------------------------------
Subject FAR case Analyst
------------------------------------------------------------------------
Removal of Fair Pay and Safe 2017-015 Delgado.
Workplaces Rule.
------------------------------------------------------------------------
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 2005-96 amends the FAR as specified below:
Removal of Fair Pay and Safe Workplaces Rule (FAR Case 2017-015)
This final rule rescinds the final rule at 81 FR 58562 (August 25,
2016). This was FAR Case 2014-025, Fair Pay and Safe Workplaces, which
was a significant rule under Executive Order (E.O.) 12866 and a major
rule under 5 U.S.C. 804. Because of a Federal court injunction, the
only provision or clause that had gone into effect was FAR 52.222-60,
Paycheck Transparency (Executive Order 13673), which was included in
solicitations starting on January 1, 2017. On March 27, 2017, Public
Law 115-11 disapproved the rule under the Congressional Review Act.
Therefore, by law, the rule has no force or effect, including the FAR
52.222-60 clause. Also on March 27, 2017, E.O. 13782, Revocation of
Federal Contracting Executive Orders, rescinded the E.O.s that
originally authorized the rule. All steps should be taken to ensure
that no sections, provisions, or clauses of the final rule are
implemented.
Dated: October 11, 2017.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2017-23598 Filed 11-3-17; 8:45 am]
BILLING CODE 6820-EP-P
