Federal Acquisition Regulation; Removal of Fair Pay and Safe Workplaces Rule Republication, 51773-51777 [R1-2017-23590]
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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations
steps to verify compliance with these
requirements;
(3) A document verifying that the
organization shall provide chaplains
who shall function in a pluralistic
environment, and who shall support
directly and indirectly the free exercise
of religion by all veterans, their family
members, and other persons authorized
to be served by VA;
(4) That it agrees to abide by all VA
Directives, Instructions, and other
guidance, regulations and policies on
the qualification and endorsement of
ministers for service as VA chaplains;
(5) Documentation that states the
structure of the organization, including
copies of the articles of incorporation,
by-laws and constitution, membership
requirements of the organization, if any,
the religious beliefs and practices of the
organization, and the organization’s
requirements to become clergy; and
(6) The name and address of the
individual who is applying to become a
VA chaplain.
(e) Approval of request to designate
an ecclesiastical endorsing official. If an
ecclesiastical endorsing organization
meets the requirements of paragraph (c)
of this section and has submitted the
documents stated in paragraph (d) of
this section, VA will notify the
organization in writing that such
organization has been designated as an
ecclesiastical endorsing organization.
The designation will be for a period of
3 years from the date of notification.
Once an organization is designated as an
ecclesiastical endorsing organization,
VA will accept ecclesiastical
endorsements from that organization
without requiring any further
documentation from the organization
during the 3 year period, unless VA
receives evidence that an organization
no longer meets the requirements of this
section. VA will only take action on an
initial request to designate an
ecclesiastical endorsing official when
VA receives an application from an
individual who is seeking employment
as a VA chaplain or is seeking to be
engaged under VA contract or appointed
as on-facility fee basis VA chaplains
under 38 U.S.C. 7405.
(f) Reporting requirement. (1) To
certify that VA chaplains continue to be
endorsed by an ecclesiastical endorsing
organization, such organization must
provide VA an alphabetical listing of
individuals who are endorsed by that
endorsing organization and are
employed as VA chaplains or are
engaged by VA under contract or
appointed as on-facility fee basis VA
chaplains under 38 U.S.C. 7405 by
January 1 of every calendar year.
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(2) In order for VA to continue to
recognize an ecclesiastical endorsing
organization, such organization must
provide written documentation that it
continues to meet the requirements of
this section every 3 years.
(g) Rescission of ecclesiastical
endorsing organization. VA may rescind
an organization’s status as an
ecclesiastical endorsing organization
and refuse to accept ecclesiastical
endorsements from such organization if
it no longer meets the requirements of
paragraph (c) of this section. VA will
take the following steps before it
rescinds the organization’s status:
(1) VA will give the ecclesiastical
endorsing organization written notice
stating the reasons for the rescission and
give the organization 60 days to provide
a written reply addressing VA’s
concerns.
(2) VA will notify the ecclesiastical
endorsing organization and all VA
chaplains endorsed by the organization
in writing of its decision after VA
reviews the evidence provided by the
organization or after the 60 day time
period has expired, whichever comes
first.
(3) Ecclesiastical endorsing
organizations that are notified that they
may no longer endorse individuals for
VA chaplaincy because they do not
meet the requirements of paragraph (c)
of this section must resubmit all of the
evidence stated in paragraph (d) of this
section in order to be reconsidered as an
endorsing organization.
(4) If an ecclesiastical endorsing
organization is no longer able to endorse
individuals for VA chaplaincy in
accordance with this section, all
ecclesiastical endorsements issued by
that organization are considered to be
withdrawn.
(The Office of Management and Budget
has approved the information collection
requirements in this section under
control number 2900–0852.)
[FR Doc. 2017–24320 Filed 11–7–17; 8:45 am]
BILLING CODE 8320–01–P
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51773
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 Republication
Editorial Note: Rule document 2017–23590
originally published on pages 51527 through
51531 in the issue of Monday, November 6,
2017, with an extraneous web address
inadvertently inserted. The corrected
document is published here in its entirety.
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 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:
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).
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.
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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
Executives, Defense Acquisition
Regulations Council, and Civilian
Agency Acquisition Council directing
that all steps necessary be taken to
ensure that the enjoined sections,
provisions, and clauses of the final rule
would not be implemented until such
time as the injunction is terminated.
The Council enumerated specific steps
to be taken at a minimum, including the
following:
1. Ensure that new solicitations do not
include representations or clauses that the
enjoined coverage of the rule would have
required—i.e., the representation at FAR
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52.222–57 and its commercial items version
at paragraph (s) of 52.212–3, 52.222–58 and
52.222–59, which would have directed
disclosure of labor law violation decisions by
offerors or contractors, and 52.222–61, which
would have required an offeror or contractor
to agree to restrict the use of mandatory predispute arbitration agreements.
2. If a solicitation had been issued with
representations or clauses listed in the
previous paragraph 1, amend those
solicitations immediately to remove those
representations and clauses. Additionally,
agencies were directed not to take any action
on information, if any, submitted in response
to those representations and clauses.
3. Ensure that contracting officers do not
implement the procedures in FAR 22.2004–
2, 22.2004–3, 22.2004–4, or associated
changes in FAR parts 9 and 42.
The FAR Council requested that
agencies share these instructions widely
among their workforces and posted the
Memorandum online. Also, the DOL reposted the Memorandum at the top of
its then-existing information page on the
Fair Pay and Safe Workplaces E.O.
In further compliance with the terms
of the Court Order, as explained by the
FAR Council in its October 25, 2016
Memorandum, GSA’s Integrated Award
Environment immediately ceased all
actions to release the changes for the
System for Award Management (SAM)
that would have supported bidder and
contractor submission of information on
labor law violation decisions, as well as
the changes that would have supported
public disclosure of this information in
the Federal Awardee Performance and
Integrity Information System (FAPIIS).
C. FAR Rule Implementing the
Injunction
As an additional step to ensure full
awareness of, and compliance with, the
Court Order, DoD, GSA, and NASA, on
behalf of the FAR Council, took a more
comprehensive administrative action to
amend the August 25, 2016, final rule to
include caveats throughout the rule for
each section, provision, and clause that
was enjoined by the terms of the Court
Order. On December 16, 2016, the rule
implementing the injunction was
published as a final rule (81 FR 91636).
The Court Order did not enjoin
implementation of the coverage on
paycheck transparency; therefore, the
December 16, 2016, amendments did
not impact this aspect of the rule.
Starting January 1, 2017, this clause was
prescribed for solicitations if the
estimated value of the resultant contract
was to exceed $500,000.
D. H.J. Res. 37 (Pub. L. 115–11)
In March 2017, under the
Congressional Review Act (5 U.S.C.
chapter 8), Congress passed House Joint
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Resolution 37 (Pub. L. 115–11), which
stated the following:
Resolved by the Senate and House of
Representatives of the United States of
America in Congress assembled, That
Congress disapproves the rule submitted by
the Department of Defense, the General
Services Administration, and the National
Aeronautics and Space Administration
relating to the Federal Acquisition Regulation
(published at 81 FR 58562 (August 25,
2016)), and such rule shall have no force or
effect.
On March 27, 2017, House Joint
Resolution 37 was signed into law and
became Public Law 115–11.
Under 5 U.S.C. 801(b)(1), a rule shall
not take effect or continue if the
Congress enacts a joint resolution of
disapproval, described under 5 U.S.C.
802. Under 5 U.S.C. 801(f), any rule that
takes effect and later is made of no force
or effect by enactment of a joint
resolution under section 802 shall be
treated as though such rule had never
taken effect.
Congress disapproved the entire FAR
rule that was published on August 25,
2016.
As a result, the rule being published
today removes that entire rule including
the amendments published on
December 16, 2016.
By statute, the rule shall be treated as
if it had never taken effect. Only FAR
52.222–60, Paycheck Transparency
(Executive Order 13673), had gone into
effect; it was authorized to be included
in solicitations starting on January 1,
2017, and may have been included in
recently awarded contracts. This and all
other Fair Pay and Safe Workplaces
provisions and clauses are
unenforceable. See the Applicability
paragraph under Dates at the beginning
of this preamble for instructions to
contracting officers on removal of the
clause.
E. Executive Order 13782
On March 27, 2017, the same date on
which H.J. Res 37 was signed, President
Trump signed E.O. 13782 (82 FR 15607,
March 30, 2017). This E.O. revoked E.O.
13673, section 3 of E.O. 13683, and E.O.
13738, which were the authority for the
Fair Pay and Safe Workplaces rule. E.O.
13782 also directed reconsideration of
existing rules, regulations, guidance,
guidelines, or policies implementing or
enforcing E.O. 13673, section 3 of E.O.
13683, and E.O. 13738. The rule
published today also implements E.O.
13782.
Public Law 115–11 and E.O. 13782
did not specifically address the DOL
Guidance. However, that Guidance has
no legal effect in the absence of the FAR
rule. Accordingly, the DOL is
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publishing its own notice rescinding the
DOL Guidance pursuant to Public Law
115–11 and E.O. 13782.
F. Applicability
This rule applies to solicitations
issued and contracts awarded before,
on, or after October 25, 2016—i.e., the
effective date of the final FAR rule
published in the Federal Register at 81
FR 58562 on August 25, 2016. All
clauses identified in the final FAR rule
are unenforceable by law and
considered to have never taken effect,
even if they were included in a contract.
Contracting officers are directed to
modify, to the maximum extent
practicable, existing contracts to remove
any solicitation provisions and contract
clauses related to the Fair Pay and Safe
Workplaces rule because they are
unenforceable by law. Since the FAR
52.222–60 clause, Paycheck
Transparency (Executive Order 13673),
had gone into effect, starting on January
1, 2017, that clause will need to be
removed if it was included. Other
provisions, i.e., paragraph(s) of FAR
52.212–3, 52.222–57, 52.222–58,
52.222–59, and 52.222–61, had been
enjoined by a Court order prior to their
effective date and should not have been
incorporated into contracts.
II. 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. The rule being removed (FAR
Case 2014–025) was a significant
regulatory action and, therefore, was
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. It
was a major rule under 5 U.S.C. 804.
This rule being published today is a
51775
significant regulatory action and,
therefore, was subject to review under
Section 6(b) of E.O. 12866; it has been
determined to be a major rule under 5
U.S.C. 804. This rule removes a prior
rule that had been considered a major
rule.
The Regulatory Impact Analysis (RIA)
that included a detailed discussion and
explanation about the assumptions and
methodology used to estimate the cost
of the final rule under FAR Case 2014–
025 is available at https://
www.regulations.gov as a supporting
document under FAR–2014–0025–0933.
Exhibit 8 of the RIA presented a
summary of the first-year, second-year,
and annualized quantifiable costs of
implementing the disclosure and
paycheck transparency requirements of
the final rule to contractors and
subcontractors, as well as the estimated
Government costs. The chart below
shows the total monetized cost in the
first and second year, and annualized
costs with a 3 and 7 percent discount to
contractors and the Government.
Monetized
year 2 costs
Annualized
costs, 3%
discounting
Annualized
costs, 7%
discounting
Total employer costs .......................................................................................
Government costs ............................................................................................
$458,352,949
15,772,150
$413,733,272
10,129,299
$398,541,816
10,944,157
$400,939,861
11,091,474
Total ..........................................................................................................
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Monetized
year 1 costs
474,075,099
423,862,572
409,535,973
412,031,335
Most of the 2016 final rule’s
provisions were preliminarily enjoined
before compliance would have been
required. (In addition, on March 27,
2017, under E.O. 13782, the President
rescinded E.O. 13673, the Order that
served as the underpinning of the rule.
On the same day, the President signed
the Joint Resolution that Congress
passed under the Congressional Review
Act disapproving the final rule.)
Therefore, if the impacts of this final
rule are assessed relative to current (and
anticipated future) practice, the
resulting impacts are negligible. If, on
the other hand, this final rule’s effects
are assessed relative to a baseline in
which regulated entities comply with
the 2016 final rule, the costs
summarized in the preceding table
(minus the relatively small portion that
may already have been incurred as
entities prepared to comply with the
regulatory provisions that were not
enjoined) would be eliminated as a
result of this rulemaking’s removal of
the 2016 final rule.
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III. Executive Order 13771
Consistent with E.O. 13771 (82 FR
9339, February 3, 2017), Reducing
Regulation and Controlling Regulatory
Costs, and the Office of Management
and Budget (OMB) guidance on
implementing E.O. 13771 (April 5,
2017), the annualized cost savings of
$412 million (with a 7 percent discount
rate) associated with this final rule have
been estimated, as shown in section II,
above. (Of particular relevance is the
statement in OMB’s guidance that costs
associated with ‘‘regulatory actions
overturned by subsequently enacted
laws. . . such as disapprovals of rules
under the Congressional Review Act’’
qualify as cost savings under E.O.
13771.) This rulemaking constitutes a
deregulatory action under E.O. 13771.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment. However, the rule reduces the
burden on small entities as it rescinds
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the August 25, 2016, Fair Pay and Safe
Workplaces (FAR Case 2014–025), major
rule.
V. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) applies to this rule,
because this rule removes information
collection requirements currently
cleared by the Office of Management
and Budget (OMB) under OMB
clearance 9000–0195, Fair Pay and Safe
Workplaces. The final rule, published
August 25, 2016, contained the
following summary table of the annual
estimated cost to the public of the
reporting burden:
TABLE 3—SUMMARY OF TABLE 1 ANNUAL ESTIMATED TOTAL COST TO
THE PUBLIC OF REPORTING BURDEN
Number of respondents ........
Responses per respondent ..
Total annual responses ........
Hours per response ..............
Total hours ............................
Rate per hour (average) .......
Total annual cost to public ...
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24,183
17.3
417,808
5.19
2,166,815
$61.43
$133,109,793
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The requirements that would impose
these burden hours are now removed
from the FAR and OMB clearance 9000–
0195 has been discontinued.
List of Subjects in 48 CFR Parts 1, 4, 9,
17, 22, 42, and 52
Government procurement.
Dated: October 11, 2017.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
previous contracts and information
covering a five-year period, some of that
information may not be relevant to a
determination of present responsibility,
e.g., a prior administrative action such
as debarment or suspension that has
expired or otherwise been resolved, or
information relating to contracts for
completely different products or
services.
*
*
*
*
*
9.105–1
Therefore DoD, GSA, and NASA
amend 48 CFR parts 1, 4, 9, 17, 22, 42,
and 52 as set forth below:
■ 1. The authority citation for 48 CFR
parts 1, 4, 9, 17, 22, 42, and 52
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
9.105–3
17.207
[Amended]
2. Amend section 1.106, by removing
FAR segments ‘‘52.222–57’’, ‘‘52.222–
58’’, ‘‘52.222–59’’ and ‘‘52.222–60’’ and
their corresponding OMB Control
Number ‘‘9000–0195’’, and the Note to
1.106.
■
PART 4—ADMINISTRATIVE MATTERS
4.1202
[Amended]
3. Amend section 4.1202 by removing
paragraph (a)(22), and Note to paragraph
(a)(22), and redesignating paragraphs
(a)(23) through (34) as paragraphs (a)(22)
through (33), respectively.
■
[Amended]
4. Amend section 9.104–4 by
removing paragraph (b), and Note to
paragraph (b), and redesignating
paragraph (c) as paragraph (b).
■
9.104–5
[Amended]
5. Amend section 9.104–5 by
removing paragraph (d), and Note to
paragraph (d), and redesignating
paragraph (e) as paragraph (d).
■ 6. Amend section 9.104–6 by—
■ a. Revising paragraph (b)(4), and
removing Note to paragraph (b)(4); and
■ b. Removing paragraph (b)(6), and
Note to paragraph (b)(6).
The revision reads as follows:
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■
9.104–6 Federal Awardee Performance
and Integrity Information System.
*
*
*
*
*
(b) * * *
(4) Since FAPIIS may contain
information on any of the offeror’s
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[Amended]
9. Amend section 17.207 by—
a. Removing from paragraph (c)(6)
‘‘considered;’’ and adding ‘‘considered;
and’’ in its place;
■ b. Removing from paragraph (c)(7)
‘‘ratings; and’’ and adding ‘‘ratings.’’ in
its place; and
■ c. Removing paragraph (c)(8), and
Note to paragraph (c)(8).
■
■
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
10. Revise section 22.000 to read as
follows:
■
22.0
PART 9—CONTRACTOR
QUALIFICATIONS
9.104–4
[Amended]
8. Amend section 9.105–3 by
removing from paragraph (a) ‘‘9.105–
2(b)(2)(iii) and’’.
■
PART 17—SPECIAL CONTRACTING
METHODS
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1.106
[Amended]
7. Amend section 9.105–1 by
removing paragraph (b)(4), and Note to
paragraph (b)(4).
■
Scope of part.
This part—
(a) Deals with general policies
regarding contractor labor relations as
they pertain to the acquisition process;
(b) Prescribes contracting policy and
procedures for implementing pertinent
labor laws; and
(c) Prescribes contract clauses with
respect to each pertinent labor law.
■ 11. Amend section 22.102–2 by—
■ a. Revising the section heading and
paragraph (c)(1); and
■ b. Removing paragraph (c)(3), and
Note to paragraph (c)(3).
The revision reads as follows:
22.102–2
Administration.
*
*
*
*
*
(c)(1) The U.S. Department of Labor is
responsible for the administration and
enforcement of the Occupational Safety
and Health Act. The Department of
Labor’s Wage and Hour Division is
responsible for administration and
enforcement of numerous wage and
hour statutes including—
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(i) 40 U.S.C. chapter 31, subchapter
IV, Wage Rate Requirements
(Construction);
(ii) 40 U.S.C. chapter 37, Contract
Work Hours and Safety Standards;
(iii) The Copeland Act (18 U.S.C. 874
and 40 U.S.C. 3145);
(iv) 41 U.S.C. chapter 65, Contracts for
Materials, Supplies, Articles, and
Equipment Exceeding $15,000;
(v) 41 U.S.C. chapter 67, Service
Contract Labor Standards.
*
*
*
*
*
22.104
■
[Removed]
12. Remove section 22.104.
Subpart 22.20 [Removed and
Reserved]
13. Remove and reserve Subpart
22.20.
■
PART 42—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
42.1502
[Amended]
14. Amend section 42.1502 by
removing paragraph (j), and Note to
paragraph (j).
■
42.1503
[Amended]
15. Amend section 42.1503 by—
a. Removing from paragraph (a)(1)(i)
‘‘agency labor compliance advisor
(ALCA) office (see subpart 22.20), ’’ and
removing Note to paragraph (a)(1)(i);
■ b. Removing from paragraph (a)(1)(ii)
‘‘ALCA,’’ and removing Note to
paragraph (a)(1)(ii); and
■ c. Removing paragraph (h)(5), and
Note to paragraph (h)(5) introductory
text.
■
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
16. Amend section 52.204–8 by—
a. Revising the date of the provision;
b. Removing paragraph (c)(1)(xvi), and
Note to Paragraph (c)(1)(xvi); and
■ c. Redesignating paragraphs
(c)(1)(xvii) through (xxv) as (c)(1)(xvi)
through (xxiv), respectively.
The revision reads as follows:
■
■
■
52.204–8 Annual Representations and
Certifications.
*
*
*
*
*
Annual Representations and
Certifications (NOV 2017)
*
*
*
*
*
17. Amend section 52.212–3 by—
a. Revising the date of the provision;
b. Removing from paragraph (a), the
following definitions ‘‘Administrative
merits determination’’, ‘‘Arbitral award
or decision’’, ‘‘Civil judgment’’, ‘‘DOL
Guidance’’, ‘‘Enforcement agency’’,
■
■
■
E:\FR\FM\08NOR1.SGM
08NOR1
Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations
‘‘Labor compliance agreement’’, Labor
laws’’, and ‘‘Labor law decision’’;
■ c. Removing Note to paragraph (a);
and
■ d. Removing and reserving paragraph
(s), and removing the Note to paragraph
(s).
The revision reads as follows:
52.212–3 Offeror Representations and
Certifications— Commercial Items.
*
*
*
*
*
Offeror Representations and
Certifications—Commercial Items (NOV
2017)
*
*
*
*
*
■ 18. Amend section 52.212–5 by—
■ a. Revising the date of the clause;
■ b. Removing paragraphs (b)(35), Note
to paragraph (b)(35), and (b)(36), and
redesignating paragraphs (b)(37) through
(61) as (b)(35) through (59), respectively;
■ c. Removing paragraphs (e)(1)(xvii),
Note to paragraph (e)(1)(xvii), and
(e)(1)(xviii), and redesignating
paragraphs (e)(1)(xix) through (xxii) as
(e)(1)(xvii) through (xxi), respectively;
and
■ d. Amending Alternate II by—
■ i. Revising the date of the Alternate;
and
■ ii. Removing paragraphs (e)(1)(ii)(P),
Note to paragraph (e)(1)(ii)(P), and
(e)(1)(ii)(Q) of Alternate II, and
redesignating paragraphs (e)(1)(ii)(R)
through (U) as (e)(1)(ii)(P) through (S),
respectively.
The revisions read as follows:
52.222–57 through 52.222–61
and Reserved]
[Removed
20. Remove and reserve sections
52.222–57 through 52.222–61.
■ 21. Amend section 52.244–6 by—
■ a. Revising the date of the clause; and
■ b. Removing paragraphs (c)(1)(xiv),
Note to paragraph (c)(1)(xiv), and
(c)(1)(xv), and redesignating paragraphs
(c)(1)(xvi) through (xx) as (c)(1)(xiv)
through (xviii), respectively.
The revision reads as follows:
■
52.244–6
Items.
*
*
Subcontracts for Commercial
*
*
*
Subcontracts for Commercial Items
(NOV 2017)
*
*
*
*
*
[FR Doc. 2017–23590 Filed: 11/3/2017 8:45
am; Publication Date: 11/6/2017]
Editorial Note: Rule document 2017–23590
originally published on pages 51527 through
51531 in the issue of Monday, November 6,
2017, with an extraneous Web address
inadvertently inserted. The corrected
document is published here in its entirety.
[FR Doc. R1–2017–23590 Filed 11–7–17; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
[Docket No. 141107936–5399–02]
*
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2017
Commercial Accountability Measure
and Closure for South Atlantic Gray
Triggerfish; July Through December
Season
*
*
*
*
Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items
(NOV 2017)
*
*
*
*
*
Alternate II (NOV 2017). * * *
*
*
*
*
*
■ 19. Amend section 52.213–4 by
revising the date of the clause and
paragraph (a)(2)(viii) to read as follows:
ethrower on DSK3G9T082PROD with RULES
*
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items) (NOV 2017)
*
*
*
*
*
(a) * * *
(2) * * *
(viii) 52.244–6, Subcontracts for
Commercial Items (NOV 2017)
*
*
*
*
*
VerDate Sep<11>2014
16:22 Nov 07, 2017
Jkt 244001
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures for commercial
gray triggerfish in the exclusive
economic zone (EEZ) of the South
Atlantic. NMFS projects commercial
landings for gray triggerfish will reach
the commercial annual catch limit
(ACL) (commercial quota) for the period
of July through December by October 29,
2017. Therefore, NMFS is closing the
commercial sector for gray triggerfish in
the South Atlantic EEZ on November 8,
2017. This closure is necessary to
protect the gray triggerfish resource.
SUMMARY:
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
RIN 0648–XF810
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
51777
This rule is effective 12:01 a.m.,
local time, November 8, 2017, until
January 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes gray triggerfish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The final rule implementing
Amendment 29 to the FMP (80 FR
30947, June 1, 2015) divided the
commercial ACL (commercial quota) for
gray triggerfish in the South Atlantic
into two 6-month commercial fishing
seasons and allocated 50 percent of the
total commercial quota of 312,324 lb
(141,668 kg), round weight, to each of
the January 1 through June 30 and July
1 through December 31 fishing seasons,
as specified in 50 CFR 622.190(a)(8). As
a result, the commercial quota is
divided into two equal seasonal quotas
of 156,162 lb (70,834 kg), round weight.
The 2017 July through December
quota includes 20,278 lb (9,198 kg),
round weight, that was not harvested
during the 2017 January through June
fishing season. In accordance with 50
CFR 622.190(a)(8)(iii), the unused
portion of the 2017 January through
June quota was added to the 2017 July
through December quota, for an adjusted
commercial quota of 176,440 lb (80,032
kg), round weight.
Under 50 CFR 622.193(q)(1)(i), NMFS
is required to close the commercial
sector for gray triggerfish when the
commercial quota specified in
§ 622.190(a)(8)(i) or (ii) is reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. NMFS has
determined that the adjusted
commercial quota for South Atlantic
gray triggerfish will be reached by
October 29, 2017. Accordingly, the
commercial sector for South Atlantic
gray triggerfish is closed effective 12:01
a.m., local time, November 8, 2017,
until the start of the next commercial
fishing season on January 1, 2018.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having gray
triggerfish onboard must have landed
DATES:
E:\FR\FM\08NOR1.SGM
08NOR1
Agencies
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Rules and Regulations]
[Pages 51773-51777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2017-23590]
=======================================================================
-----------------------------------------------------------------------
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 Republication
Editorial Note: Rule document 2017-23590 originally published
on pages 51527 through 51531 in the issue of Monday, November 6,
2017, with an extraneous web address inadvertently inserted. The
corrected document is published here in its entirety.
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: 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:
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).
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.
[[Page 51774]]
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 Executives, Defense Acquisition Regulations Council, and
Civilian Agency Acquisition Council directing that all steps necessary
be taken to ensure that the enjoined sections, provisions, and clauses
of the final rule would not be implemented until such time as the
injunction is terminated. The Council enumerated specific steps to be
taken at a minimum, including the following:
1. Ensure that new solicitations do not include representations
or clauses that the enjoined coverage of the rule would have
required--i.e., the representation at FAR 52.222-57 and its
commercial items version at paragraph (s) of 52.212-3, 52.222-58 and
52.222-59, which would have directed disclosure of labor law
violation decisions by offerors or contractors, and 52.222-61, which
would have required an offeror or contractor to agree to restrict
the use of mandatory pre-dispute arbitration agreements.
2. If a solicitation had been issued with representations or
clauses listed in the previous paragraph 1, amend those
solicitations immediately to remove those representations and
clauses. Additionally, agencies were directed not to take any action
on information, if any, submitted in response to those
representations and clauses.
3. Ensure that contracting officers do not implement the
procedures in FAR 22.2004-2, 22.2004-3, 22.2004-4, or associated
changes in FAR parts 9 and 42.
The FAR Council requested that agencies share these instructions
widely among their workforces and posted the Memorandum online. Also,
the DOL re-posted the Memorandum at the top of its then-existing
information page on the Fair Pay and Safe Workplaces E.O.
In further compliance with the terms of the Court Order, as
explained by the FAR Council in its October 25, 2016 Memorandum, GSA's
Integrated Award Environment immediately ceased all actions to release
the changes for the System for Award Management (SAM) that would have
supported bidder and contractor submission of information on labor law
violation decisions, as well as the changes that would have supported
public disclosure of this information in the Federal Awardee
Performance and Integrity Information System (FAPIIS).
C. FAR Rule Implementing the Injunction
As an additional step to ensure full awareness of, and compliance
with, the Court Order, DoD, GSA, and NASA, on behalf of the FAR
Council, took a more comprehensive administrative action to amend the
August 25, 2016, final rule to include caveats throughout the rule for
each section, provision, and clause that was enjoined by the terms of
the Court Order. On December 16, 2016, the rule implementing the
injunction was published as a final rule (81 FR 91636).
The Court Order did not enjoin implementation of the coverage on
paycheck transparency; therefore, the December 16, 2016, amendments did
not impact this aspect of the rule. Starting January 1, 2017, this
clause was prescribed for solicitations if the estimated value of the
resultant contract was to exceed $500,000.
D. H.J. Res. 37 (Pub. L. 115-11)
In March 2017, under the Congressional Review Act (5 U.S.C. chapter
8), Congress passed House Joint Resolution 37 (Pub. L. 115-11), which
stated the following:
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That Congress
disapproves the rule submitted by the Department of Defense, the
General Services Administration, and the National Aeronautics and
Space Administration relating to the Federal Acquisition Regulation
(published at 81 FR 58562 (August 25, 2016)), and such rule shall
have no force or effect.
On March 27, 2017, House Joint Resolution 37 was signed into law
and became Public Law 115-11.
Under 5 U.S.C. 801(b)(1), a rule shall not take effect or continue
if the Congress enacts a joint resolution of disapproval, described
under 5 U.S.C. 802. Under 5 U.S.C. 801(f), any rule that takes effect
and later is made of no force or effect by enactment of a joint
resolution under section 802 shall be treated as though such rule had
never taken effect.
Congress disapproved the entire FAR rule that was published on
August 25, 2016.
As a result, the rule being published today removes that entire
rule including the amendments published on December 16, 2016.
By statute, the rule shall be treated as if it had never taken
effect. Only FAR 52.222-60, Paycheck Transparency (Executive Order
13673), had gone into effect; it was authorized to be included in
solicitations starting on January 1, 2017, and may have been included
in recently awarded contracts. This and all other Fair Pay and Safe
Workplaces provisions and clauses are unenforceable. See the
Applicability paragraph under Dates at the beginning of this preamble
for instructions to contracting officers on removal of the clause.
E. Executive Order 13782
On March 27, 2017, the same date on which H.J. Res 37 was signed,
President Trump signed E.O. 13782 (82 FR 15607, March 30, 2017). This
E.O. revoked E.O. 13673, section 3 of E.O. 13683, and E.O. 13738, which
were the authority for the Fair Pay and Safe Workplaces rule. E.O.
13782 also directed reconsideration of existing rules, regulations,
guidance, guidelines, or policies implementing or enforcing E.O. 13673,
section 3 of E.O. 13683, and E.O. 13738. The rule published today also
implements E.O. 13782.
Public Law 115-11 and E.O. 13782 did not specifically address the
DOL Guidance. However, that Guidance has no legal effect in the absence
of the FAR rule. Accordingly, the DOL is
[[Page 51775]]
publishing its own notice rescinding the DOL Guidance pursuant to
Public Law 115-11 and E.O. 13782.
F. Applicability
This rule applies to solicitations issued and contracts awarded
before, on, or after October 25, 2016--i.e., the effective date of the
final FAR rule published in the Federal Register at 81 FR 58562 on
August 25, 2016. All clauses identified in the final FAR rule are
unenforceable by law and considered to have never taken effect, even if
they were included in a contract. Contracting officers are directed to
modify, to the maximum extent practicable, existing contracts to remove
any solicitation provisions and contract clauses related to the Fair
Pay and Safe Workplaces rule because they are unenforceable by law.
Since the FAR 52.222-60 clause, Paycheck Transparency (Executive Order
13673), had gone into effect, starting on January 1, 2017, that clause
will need to be removed if it was included. Other provisions, i.e.,
paragraph(s) of FAR 52.212-3, 52.222-57, 52.222-58, 52.222-59, and
52.222-61, had been enjoined by a Court order prior to their effective
date and should not have been incorporated into contracts.
II. 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.
The rule being removed (FAR Case 2014-025) was a significant regulatory
action and, therefore, was subject to review under Section 6(b) of E.O.
12866, Regulatory Planning and Review, dated September 30, 1993. It was
a major rule under 5 U.S.C. 804. This rule being published today is a
significant regulatory action and, therefore, was subject to review
under Section 6(b) of E.O. 12866; it has been determined to be a major
rule under 5 U.S.C. 804. This rule removes a prior rule that had been
considered a major rule.
The Regulatory Impact Analysis (RIA) that included a detailed
discussion and explanation about the assumptions and methodology used
to estimate the cost of the final rule under FAR Case 2014-025 is
available at https://www.regulations.gov as a supporting document under
FAR-2014-0025-0933. Exhibit 8 of the RIA presented a summary of the
first-year, second-year, and annualized quantifiable costs of
implementing the disclosure and paycheck transparency requirements of
the final rule to contractors and subcontractors, as well as the
estimated Government costs. The chart below shows the total monetized
cost in the first and second year, and annualized costs with a 3 and 7
percent discount to contractors and the Government.
----------------------------------------------------------------------------------------------------------------
Annualized Annualized
Monetized year Monetized year costs, 3% costs, 7%
1 costs 2 costs discounting discounting
----------------------------------------------------------------------------------------------------------------
Total employer costs............................ $458,352,949 $413,733,272 $398,541,816 $400,939,861
Government costs................................ 15,772,150 10,129,299 10,944,157 11,091,474
---------------------------------------------------------------
Total....................................... 474,075,099 423,862,572 409,535,973 412,031,335
----------------------------------------------------------------------------------------------------------------
Most of the 2016 final rule's provisions were preliminarily
enjoined before compliance would have been required. (In addition, on
March 27, 2017, under E.O. 13782, the President rescinded E.O. 13673,
the Order that served as the underpinning of the rule. On the same day,
the President signed the Joint Resolution that Congress passed under
the Congressional Review Act disapproving the final rule.) Therefore,
if the impacts of this final rule are assessed relative to current (and
anticipated future) practice, the resulting impacts are negligible. If,
on the other hand, this final rule's effects are assessed relative to a
baseline in which regulated entities comply with the 2016 final rule,
the costs summarized in the preceding table (minus the relatively small
portion that may already have been incurred as entities prepared to
comply with the regulatory provisions that were not enjoined) would be
eliminated as a result of this rulemaking's removal of the 2016 final
rule.
III. Executive Order 13771
Consistent with E.O. 13771 (82 FR 9339, February 3, 2017), Reducing
Regulation and Controlling Regulatory Costs, and the Office of
Management and Budget (OMB) guidance on implementing E.O. 13771 (April
5, 2017), the annualized cost savings of $412 million (with a 7 percent
discount rate) associated with this final rule have been estimated, as
shown in section II, above. (Of particular relevance is the statement
in OMB's guidance that costs associated with ``regulatory actions
overturned by subsequently enacted laws. . . such as disapprovals of
rules under the Congressional Review Act'' qualify as cost savings
under E.O. 13771.) This rulemaking constitutes a deregulatory action
under E.O. 13771.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment. However, the rule reduces the burden on
small entities as it rescinds the August 25, 2016, Fair Pay and Safe
Workplaces (FAR Case 2014-025), major rule.
V. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) applies to this
rule, because this rule removes information collection requirements
currently cleared by the Office of Management and Budget (OMB) under
OMB clearance 9000-0195, Fair Pay and Safe Workplaces. The final rule,
published August 25, 2016, contained the following summary table of the
annual estimated cost to the public of the reporting burden:
Table 3--Summary of Table 1 Annual Estimated Total Cost to the Public of
Reporting Burden
------------------------------------------------------------------------
------------------------------------------------------------------------
Number of respondents................................... 24,183
Responses per respondent................................ 17.3
Total annual responses.................................. 417,808
Hours per response...................................... 5.19
Total hours............................................. 2,166,815
Rate per hour (average)................................. $61.43
Total annual cost to public............................. $133,109,793
------------------------------------------------------------------------
[[Page 51776]]
The requirements that would impose these burden hours are now
removed from the FAR and OMB clearance 9000-0195 has been discontinued.
List of Subjects in 48 CFR Parts 1, 4, 9, 17, 22, 42, and 52
Government procurement.
Dated: October 11, 2017.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore DoD, GSA, and NASA amend 48 CFR parts 1, 4, 9, 17, 22,
42, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 4, 9, 17, 22, 42, and 52
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
0
2. Amend section 1.106, by removing FAR segments ``52.222-57'',
``52.222-58'', ``52.222-59'' and ``52.222-60'' and their corresponding
OMB Control Number ``9000-0195'', and the Note to 1.106.
PART 4--ADMINISTRATIVE MATTERS
4.1202 [Amended]
0
3. Amend section 4.1202 by removing paragraph (a)(22), and Note to
paragraph (a)(22), and redesignating paragraphs (a)(23) through (34) as
paragraphs (a)(22) through (33), respectively.
PART 9--CONTRACTOR QUALIFICATIONS
9.104-4 [Amended]
0
4. Amend section 9.104-4 by removing paragraph (b), and Note to
paragraph (b), and redesignating paragraph (c) as paragraph (b).
9.104-5 [Amended]
0
5. Amend section 9.104-5 by removing paragraph (d), and Note to
paragraph (d), and redesignating paragraph (e) as paragraph (d).
0
6. Amend section 9.104-6 by--
0
a. Revising paragraph (b)(4), and removing Note to paragraph (b)(4);
and
0
b. Removing paragraph (b)(6), and Note to paragraph (b)(6).
The revision reads as follows:
9.104-6 Federal Awardee Performance and Integrity Information System.
* * * * *
(b) * * *
(4) Since FAPIIS may contain information on any of the offeror's
previous contracts and information covering a five-year period, some of
that information may not be relevant to a determination of present
responsibility, e.g., a prior administrative action such as debarment
or suspension that has expired or otherwise been resolved, or
information relating to contracts for completely different products or
services.
* * * * *
9.105-1 [Amended]
0
7. Amend section 9.105-1 by removing paragraph (b)(4), and Note to
paragraph (b)(4).
9.105-3 [Amended]
0
8. Amend section 9.105-3 by removing from paragraph (a) ``9.105-
2(b)(2)(iii) and''.
PART 17--SPECIAL CONTRACTING METHODS
17.207 [Amended]
0
9. Amend section 17.207 by--
0
a. Removing from paragraph (c)(6) ``considered;'' and adding
``considered; and'' in its place;
0
b. Removing from paragraph (c)(7) ``ratings; and'' and adding
``ratings.'' in its place; and
0
c. Removing paragraph (c)(8), and Note to paragraph (c)(8).
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
10. Revise section 22.000 to read as follows:
22.0 Scope of part.
This part--
(a) Deals with general policies regarding contractor labor
relations as they pertain to the acquisition process;
(b) Prescribes contracting policy and procedures for implementing
pertinent labor laws; and
(c) Prescribes contract clauses with respect to each pertinent
labor law.
0
11. Amend section 22.102-2 by--
0
a. Revising the section heading and paragraph (c)(1); and
0
b. Removing paragraph (c)(3), and Note to paragraph (c)(3).
The revision reads as follows:
22.102-2 Administration.
* * * * *
(c)(1) The U.S. Department of Labor is responsible for the
administration and enforcement of the Occupational Safety and Health
Act. The Department of Labor's Wage and Hour Division is responsible
for administration and enforcement of numerous wage and hour statutes
including--
(i) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements
(Construction);
(ii) 40 U.S.C. chapter 37, Contract Work Hours and Safety
Standards;
(iii) The Copeland Act (18 U.S.C. 874 and 40 U.S.C. 3145);
(iv) 41 U.S.C. chapter 65, Contracts for Materials, Supplies,
Articles, and Equipment Exceeding $15,000;
(v) 41 U.S.C. chapter 67, Service Contract Labor Standards.
* * * * *
22.104 [Removed]
0
12. Remove section 22.104.
Subpart 22.20 [Removed and Reserved]
0
13. Remove and reserve Subpart 22.20.
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
42.1502 [Amended]
0
14. Amend section 42.1502 by removing paragraph (j), and Note to
paragraph (j).
42.1503 [Amended]
0
15. Amend section 42.1503 by--
0
a. Removing from paragraph (a)(1)(i) ``agency labor compliance advisor
(ALCA) office (see subpart 22.20), '' and removing Note to paragraph
(a)(1)(i);
0
b. Removing from paragraph (a)(1)(ii) ``ALCA,'' and removing Note to
paragraph (a)(1)(ii); and
0
c. Removing paragraph (h)(5), and Note to paragraph (h)(5) introductory
text.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
16. Amend section 52.204-8 by--
0
a. Revising the date of the provision;
0
b. Removing paragraph (c)(1)(xvi), and Note to Paragraph (c)(1)(xvi);
and
0
c. Redesignating paragraphs (c)(1)(xvii) through (xxv) as (c)(1)(xvi)
through (xxiv), respectively.
The revision reads as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations and Certifications (NOV 2017)
* * * * *
0
17. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing from paragraph (a), the following definitions
``Administrative merits determination'', ``Arbitral award or
decision'', ``Civil judgment'', ``DOL Guidance'', ``Enforcement
agency'',
[[Page 51777]]
``Labor compliance agreement'', Labor laws'', and ``Labor law
decision'';
0
c. Removing Note to paragraph (a); and
0
d. Removing and reserving paragraph (s), and removing the Note to
paragraph (s).
The revision reads as follows:
52.212-3 Offeror Representations and Certifications-- Commercial
Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (NOV 2017)
* * * * *
0
18. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing paragraphs (b)(35), Note to paragraph (b)(35), and (b)(36),
and redesignating paragraphs (b)(37) through (61) as (b)(35) through
(59), respectively;
0
c. Removing paragraphs (e)(1)(xvii), Note to paragraph (e)(1)(xvii),
and (e)(1)(xviii), and redesignating paragraphs (e)(1)(xix) through
(xxii) as (e)(1)(xvii) through (xxi), respectively; and
0
d. Amending Alternate II by--
0
i. Revising the date of the Alternate; and
0
ii. Removing paragraphs (e)(1)(ii)(P), Note to paragraph (e)(1)(ii)(P),
and (e)(1)(ii)(Q) of Alternate II, and redesignating paragraphs
(e)(1)(ii)(R) through (U) as (e)(1)(ii)(P) through (S), respectively.
The revisions read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Items (NOV 2017)
* * * * *
Alternate II (NOV 2017). * * *
* * * * *
0
19. Amend section 52.213-4 by revising the date of the clause and
paragraph (a)(2)(viii) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (NOV 2017)
* * * * *
(a) * * *
(2) * * *
(viii) 52.244-6, Subcontracts for Commercial Items (NOV 2017)
* * * * *
52.222-57 through 52.222-61 [Removed and Reserved]
0
20. Remove and reserve sections 52.222-57 through 52.222-61.
0
21. Amend section 52.244-6 by--
0
a. Revising the date of the clause; and
0
b. Removing paragraphs (c)(1)(xiv), Note to paragraph (c)(1)(xiv), and
(c)(1)(xv), and redesignating paragraphs (c)(1)(xvi) through (xx) as
(c)(1)(xiv) through (xviii), respectively.
The revision reads as follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items (NOV 2017)
* * * * *
[FR Doc. 2017-23590 Filed: 11/3/2017 8:45 am; Publication Date: 11/
6/2017]
Editorial Note: Rule document 2017-23590 originally published
on pages 51527 through 51531 in the issue of Monday, November 6,
2017, with an extraneous Web address inadvertently inserted. The
corrected document is published here in its entirety.
[FR Doc. R1-2017-23590 Filed 11-7-17; 8:45 am]
BILLING CODE 1301-00-D