Federal Acquisition Regulation: Recreational Services on Federal Lands, 67626-67628 [2020-21701]
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Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations
extent required by Afghan law, the
Contractor shall withhold tax from the wages
of these employees and remit those payments
to the appropriate Afghan taxing authority.
These withholdings are an individual’s
liability, not a tax against the Contractor.
(c) Subcontracts. The Contractor shall
include the substance of this clause,
including this paragraph (c), in all
subcontracts, including subcontracts for
commercial items.
(End of clause)
52.229–14 Taxes—Foreign Contracts in
Afghanistan (North Atlantic Treaty
Organization Status of Forces Agreement).
As prescribed in 29.402–4(b), use the
following clause:
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Taxes—Foreign Contracts in Afghanistan
(North Atlantic Treaty Organization Status
of Forces Agreement) (Nov 2020)
(a) Definition. North Atlantic Treaty
Organization (NATO) Forces, as used in this
clause, means the Members of the Force,
Members of the Civilian Component, NATO
Personnel and all property, equipment, and
materiel of NATO, NATO Member States,
and Operational Partners present in the
territory of Afghanistan.
(b) Tax exemption. This acquisition is
covered by the Status of Forces Agreement
(SOFA) entered into between NATO and the
Islamic Republic of Afghanistan
(Afghanistan) issued on September 30, 2014,
and entered into force on January 1, 2015.
(1) The SOFA exempts NATO Forces and
its contractors and subcontractors (other than
those that are Afghan legal entities or
residents) from paying any tax or similar
charge assessed by the Government of
Afghanistan within Afghanistan if the
activities are on behalf of or in support of
NATO Forces. The SOFA also exempts the
acquisition, importation, exportation,
reexportation, transportation, and use of
supplies and services in Afghanistan on
behalf of or in support of NATO Forces from
all Afghan taxes, customs, duties, fees, or
similar charges.
(2) The Contractor shall exclude any
Afghan taxes, customs, duties, fees or similar
charges from the contract price, other than
those charged to Afghan legal entities or
residents.
(3) Afghan citizens employed by NATO
contractors and subcontractors are subject to
Afghan tax laws. To the extent required by
Afghan law, the Contractor shall withhold
tax from the wages of these employees and
remit those withholdings to the appropriate
Afghan taxing authority. These withholdings
are an individual’s liability, not a tax against
the Contractor.
(c) Subcontracts. The Contractor shall
include the substance of this clause,
including this paragraph (c), in all
subcontracts including subcontracts for
commercial items.
(End of clause)
[FR Doc. 2020–21700 Filed 10–22–20; 8:45 am]
BILLING CODE 6820–EP–P
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 22 and 52
[FAC 2021–02; FAR Case 2019–002; Item
VII; Docket No. FAR 2019–0004, Sequence
No. 1]
RIN 9000–AN85
Federal Acquisition Regulation:
Recreational Services on Federal
Lands
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 to amend the Federal
Acquisition Regulation (FAR) to
implement a Department of Labor (DOL)
rule, which exempts certain contracts
for seasonal recreational services or
seasonal recreational equipment rental
for the general public on Federal lands
from an Executive order on minimum
wage. This rule does not change the
extent to which contractors can be used
to assist Federal agencies with
providing services on Federal lands.
This rule only changes the extent to
which minimum wages are required for
applicable Federal contracts.
DATES: Effective: November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Mr.
Kevin Funk, Procurement Analyst, at
202–357–5805 or kevin.funk@gsa.gov
for clarification of content. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755. Please cite FAC 2021–02,
FAR Case 2019–002.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA published a
proposed rule on October 21, 2019, at 84
FR 56157, to amend the FAR to
implement a DOL final rule, Minimum
Wage for Contractors; Updating
Regulations To Reflect Executive Order
13838, published in the Federal
Register at 83 FR 48537 on September
26, 2018.
The DOL rule implemented Executive
Order (E.O.) 13838, Exemption From
Executive Order 13658 for Recreational
Services on Federal Lands (May 25,
2018, published June 1, 2018, 83 FR
25341), which exempted certain
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contracts and contract-like instruments
from the requirements of E.O. 13658,
Establishing a Minimum Wage for
Contractors. E.O. 13658 raised the
hourly minimum wage paid to workers
performing on or in connection with
covered Federal contracts to: (i) $10.10
per hour, beginning January 1, 2015;
and (ii) beginning January 1, 2016, and
annually thereafter, an amount
determined by the Secretary of Labor in
accordance with the E.O. As of January
1, 2020, E.O. 13658 raised minimum
wage to $10.80 per hour (84 FR 49345).
E.O. 13838 and DOL’s implementing
regulation exempt contracts or contractlike instruments entered into with the
Federal Government in connection with
seasonal recreational services or
seasonal recreational equipment rental
for the general public on Federal lands
from the requirements of E.O. 13658;
lodging and food services are not
exempted.
The purpose of this rule is to make a
conforming change in the FAR. This
rule implements E.O. 13838 by
amending FAR 22.1903(b)(2) and FAR
clause 52.222–55(c)(2) to conform to the
DOL rule by adding seasonal
recreational services or seasonal
recreational equipment rental for the
general public on Federal lands to the
list of exemptions.
Eighteen respondents provided
comments in response to the proposed
rule.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the public comments in the
development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments are provided as
follows:
A. Changes to Rule
A new definition for ‘‘seasonal
recreational equipment rental’’ was
added to provide additional clarity
within the rule. An additional
conforming editorial change was also
made within the FAR clause at 52.222–
55.
B. Analysis of Public Comments
1. Support for the Rule
Comment: One respondent expressed
support for the rule.
Response: Noted.
2. Legal Sufficiency of Rule
Comment: Two respondents stated the
rule was illegal or would violate E.O.
13658.
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Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations
Response: This rule exempts certain
contracts and contract-like instruments
from the requirements of E.O. 13658 as
directed by E.O. 13838. An Executive
order may revise, narrow, or augment a
policy established under a prior
Executive order as long as the new
Executive order does not conflict with
the U.S. Constitution or current
statutory law. This regulation is legally
sufficient.
3. Opposition to the Rule
Comment: Several respondents
expressed general opposition to the rule.
Response: The purpose of this rule is
to make a conforming change in the
FAR. This rule implements E.O. 13838
by amending FAR 22.1903(b)(2) and
FAR clause 52.222–55(c)(2) to conform
to the DOL rule by adding seasonal
recreational services or seasonal
recreational equipment rental for the
general public on Federal lands to the
list of exemptions.
4. Scope of Rule
Comment: Several respondents stated
the rule would privatize the National
Parks.
Response: This rule does not change
the extent to which contractors can be
used to assist Federal agencies with
providing services on Federal lands. Nor
does it alter any inherently
governmental responsibility vested in
the Federal Government. Contractors
have been used by Federal agencies for
many years to assist with providing
superior and efficient services on
Federal lands. This rule only changes
the extent to which minimum wages are
required for Federal contracts under
E.O. 13658.
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III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule does not add any new
provisions or clauses. The rule does not
change the applicability of existing
provisions or clauses to contracts at or
below the SAT and contracts for the
acquisition of commercial items,
including COTS items. The FAR clause
at 52.222–55, Minimum Wages Under
Executive Order 13658, is prescribed for
use in contracts valued at or below the
SAT and for the acquisition of
commercial items. Under this rule,
acquisitions below the SAT or for
commercial items involving seasonal
recreational services or seasonal
recreational equipment rental for the
general public on Federal lands would
be exempt from FAR clause 52.222–55.
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Lodging and food services are not
exempted.
IV. Executive Orders 12866 and 13563
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 rule 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.
V. Executive Order 13371
This rule is not subject to E.O. 13771,
Reducing Regulation and Controlling
Regulatory Costs, because the rule is not
a significant regulatory action under
E.O. 12866.
VI. 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. 601, et seq. The
FRFA is summarized as follows:
This rule is required to implement a DOL
rule dated September 26, 2018, which
implemented E.O. 13838, Exemption from
Executive Order 13658 for Recreational
Services on Federal Lands (May 25, 2018,
published June 1, 2018, 83 FR 25341). E.O.
13838 made contracts or contract-like
instruments entered into with the Federal
Government in connection with seasonal
recreational services or seasonal recreational
equipment rental for the general public on
Federal lands exempt from the minimum
wage requirements under E.O. 13658, dated
February 12, 2014; lodging and food services
are not exempted.
The objective of this rule is to make a
conforming change in the FAR to conform to
the DOL rule to implement E.O. 13838. This
rule provides a conforming amendment to
FAR 22.1903(b)(2)(iii) and FAR clause
52.222–55(c)(2)(ii) to conform to the DOL
rule by adding seasonal recreational services
or seasonal recreational equipment rental for
the general public on Federal lands to the list
of exemptions. Lodging and food services are
not exempted. The legal basis for these
changes is E.O. 13838.
There were no significant issues raised by
the public comments in response to the
initial regulatory flexibility analysis.
This rule is not expected to have a
significant economic impact on a substantial
number of small entities within the meaning
of the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because the rule only applies to
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67627
contracts for seasonal recreational services or
seasonal recreational equipment rental.
Lodging and food services are not
exempted. On average for fiscal years 2016–
2018, there were 229 awards reported on an
annual basis in the Federal Procurement Data
System (FPDS) for seasonal recreational
services and seasonal recreational equipment
rental, of which 153 were awarded to small
business entities. The FPDS data could not
isolate which of the awards were for services
or rentals on Federal lands, so the average
number of awards for seasonal recreational
services or seasonal recreational equipment
rental to the general public on Federal lands
could be even lower. Furthermore, this rule
is expected to have a beneficial impact on
small businesses as it relaxes the burden on
small businesses.
There are no reporting, recordkeeping, or
other compliance requirements on any small
entities in this rule. The rule does not
duplicate, overlap or conflict with any other
Federal rules.
DoD, GSA, and NASA were unable to
identify any alternatives to the rule which
would reduce the impact on small entities
and still meet the requirements of the statute.
Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat Division. The Regulatory
Secretariat Division has submitted a
copy of the FRFA to the Chief Counsel
for Advocacy of the Small Business
Administration.
VII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 22 and
52
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 22 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 22 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 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
2. Amend section 22.1901 by—
a. Revising the section heading;
b. Adding introductory text and, in
alphabetical order, the definitions
‘‘Seasonal recreational equipment
rental’’ and ‘‘Seasonal recreational
services’’; and
■
■
■
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Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations
c. In the definition ‘‘Worker,’’
removing from the introductory text ‘‘,
as used in this subpart,’’.
The revision and additions read as
follows:
■
22.1901
Definitions.
As used in this subpart—
Seasonal recreational equipment
rental means any equipment rental in
connection with seasonal recreational
services.
Seasonal recreational services means
services that include river running,
hunting, fishing, horseback riding,
camping, mountaineering activities,
recreational ski services, and youth
camps.
*
*
*
*
*
■ 3. Amend section 22.1903 by—
■ a. Removing the period at the end of
paragraph (b)(2)(ii)(C) and adding ‘‘; or’’
in its place; and
■ b. Adding paragraph (b)(2)(iii).
The addition reads as follows:
*
*
*
*
*
Alternate II (NOV 2020). * * *
*
*
*
*
*
■ 5. Amend section 52.213–4 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph
(a)(2)(viii) ‘‘(AUG 2020)’’ and adding
‘‘(NOV 2020).’’ in its place; and
■ c. Removing from paragraph (b)(1)(ix)
‘‘(DEC 2015)’’ and adding ‘‘(NOV 2020)’’
in its place.
The revision reads as follows:
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items)
*
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial Items)
(Nov 2020)
*
*
*
*
(b) * * *
(2) * * *
(iii) Seasonal recreational services or
seasonal recreational equipment rental
for the general public on Federal lands,
except for lodging and food services
associated with seasonal recreational
services, in accordance with Executive
Order 13838, Exemption from Executive
Order 13658 for Recreational Services
on Federal Lands (3 CFR, 2018 Comp.,
p. 831), as implemented by the U.S.
Department of Labor regulations at 29
CFR 10.4(g).
*
*
*
*
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
52.222–55 Minimum Wages Under
Executive Order 13658.
Applicability.
*
4. Amend section 52.212–5 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph (c)(7)
‘‘(DEC 2015)’’ and adding ‘‘(NOV 2020)’’
in its place;
■ c. Removing from paragraph
(e)(1)(xvii) ‘‘(DEC 2015)’’ and adding
‘‘(NOV 2020)’’ in its place; and
■ d. In Alternate II:
■ i. Revising the date of the alternate;
and
■ ii. Removing from paragraph
(e)(1)(ii)(P) ‘‘(DEC 2015)’’ and adding
‘‘(NOV 2020)’’ in its place.
The revisions read as follows:
■
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
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*
*
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*
*
*
*
*
*
Minimum Wages Under Executive Order
13658 (Nov 2020)
(a) * * *
‘‘Seasonal recreational equipment rental’’
means any equipment rental in connection
with seasonal recreational services.
‘‘Seasonal recreational services’’ means
services that include: river running, hunting,
fishing, horseback riding, camping,
mountaineering activities, recreational ski
services, and youth camps.
*
*
*
*
*
(c) * * *
(2) * * *
(iii) Seasonal recreational services or
seasonal recreational equipment rental for
the general public on Federal lands, except
for lodging and food services associated with
seasonal recreational services, in accordance
with Executive Order 13838, Exemption from
Executive Order 13658 for Recreational
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Services on Federal Lands (3 CFR, 2018
Comp., p. 831), as implemented by the U.S.
Department of Labor regulations at 29 CFR
10.4(g).
*
*
*
*
*
7. Amend section 52.244–6 by—
a. Revising the date of the clause; and
b. Removing from paragraph (c)(1)(xv)
‘‘(DEC 2015)’’ and adding ‘‘(NOV 2020)’’
in its place.
The revision reads as follows:
■
■
■
52.244–6
Items.
*
*
Subcontracts for Commercial
*
*
*
Subcontracts for Commercial Items (Nov
2020)
*
*
*
*
*
[FR Doc. 2020–21701 Filed 10–22–20; 8:45 am]
BILLING CODE 6820–EP–P
*
*
*
*
*
■ 6. Amend section 52.222–55 by—
■ a. Revising the date of the clause;
■ b. Adding to paragraph (a), in
alphabetical order, the definitions
‘‘Seasonal recreational equipment
rental’’ and ‘‘Seasonal recreational
services’’;
■ c. In paragraph (c)(2)(ii)(A), removing
the period at the end of the sentence
and adding a semicolon in its place;
■ d. In paragraph (c)(2)(ii)(B), removing
the period at the end of the sentence
and adding ‘‘; and’’ in its place;
■ e. In paragraph (c)(2)(ii)(C), removing
the period at the end of the sentence
and adding ‘‘; or’’ in its place; and
■ f. Adding paragraph (c)(2)(iii).
The revision and additions read as
follows:
22.1903
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Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items
(Nov 2020)
Sfmt 4700
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 4, 52, and 53
[FAC 2021–02; Item VIII; Docket No. FAR–
2020–0052; Sequence No. 3]
Federal Acquisition Regulation;
Technical Amendments
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
needed editorial changes.
DATES: Effective: November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Lois Mandell, Regulatory Secretariat
Division (MVCB), at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2021–02, Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to
update certain elements in 48 CFR parts
4, 52, and 53 this document makes
editorial changes to the FAR.
SUMMARY:
List of Subjects in 48 CFR Parts 4, 52,
and 53
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 4, 52, and 53 as set
forth below:
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]]>Agencies
[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Rules and Regulations]
[Pages 67626-67628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21701]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22 and 52
[FAC 2021-02; FAR Case 2019-002; Item VII; Docket No. FAR 2019-0004,
Sequence No. 1]
RIN 9000-AN85
Federal Acquisition Regulation: Recreational Services on Federal
Lands
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 to amend the
Federal Acquisition Regulation (FAR) to implement a Department of Labor
(DOL) rule, which exempts certain contracts for seasonal recreational
services or seasonal recreational equipment rental for the general
public on Federal lands from an Executive order on minimum wage. This
rule does not change the extent to which contractors can be used to
assist Federal agencies with providing services on Federal lands. This
rule only changes the extent to which minimum wages are required for
applicable Federal contracts.
DATES: Effective: November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Funk, Procurement Analyst,
at 202-357-5805 or [email protected] for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2021-
02, FAR Case 2019-002.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule on October 21, 2019,
at 84 FR 56157, to amend the FAR to implement a DOL final rule, Minimum
Wage for Contractors; Updating Regulations To Reflect Executive Order
13838, published in the Federal Register at 83 FR 48537 on September
26, 2018.
The DOL rule implemented Executive Order (E.O.) 13838, Exemption
From Executive Order 13658 for Recreational Services on Federal Lands
(May 25, 2018, published June 1, 2018, 83 FR 25341), which exempted
certain contracts and contract-like instruments from the requirements
of E.O. 13658, Establishing a Minimum Wage for Contractors. E.O. 13658
raised the hourly minimum wage paid to workers performing on or in
connection with covered Federal contracts to: (i) $10.10 per hour,
beginning January 1, 2015; and (ii) beginning January 1, 2016, and
annually thereafter, an amount determined by the Secretary of Labor in
accordance with the E.O. As of January 1, 2020, E.O. 13658 raised
minimum wage to $10.80 per hour (84 FR 49345).
E.O. 13838 and DOL's implementing regulation exempt contracts or
contract-like instruments entered into with the Federal Government in
connection with seasonal recreational services or seasonal recreational
equipment rental for the general public on Federal lands from the
requirements of E.O. 13658; lodging and food services are not exempted.
The purpose of this rule is to make a conforming change in the FAR.
This rule implements E.O. 13838 by amending FAR 22.1903(b)(2) and FAR
clause 52.222-55(c)(2) to conform to the DOL rule by adding seasonal
recreational services or seasonal recreational equipment rental for the
general public on Federal lands to the list of exemptions.
Eighteen respondents provided comments in response to the proposed
rule.
II. Discussion and Analysis
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the public comments in the
development of the final rule. A discussion of the comments and the
changes made to the rule as a result of those comments are provided as
follows:
A. Changes to Rule
A new definition for ``seasonal recreational equipment rental'' was
added to provide additional clarity within the rule. An additional
conforming editorial change was also made within the FAR clause at
52.222-55.
B. Analysis of Public Comments
1. Support for the Rule
Comment: One respondent expressed support for the rule.
Response: Noted.
2. Legal Sufficiency of Rule
Comment: Two respondents stated the rule was illegal or would
violate E.O. 13658.
[[Page 67627]]
Response: This rule exempts certain contracts and contract-like
instruments from the requirements of E.O. 13658 as directed by E.O.
13838. An Executive order may revise, narrow, or augment a policy
established under a prior Executive order as long as the new Executive
order does not conflict with the U.S. Constitution or current statutory
law. This regulation is legally sufficient.
3. Opposition to the Rule
Comment: Several respondents expressed general opposition to the
rule.
Response: The purpose of this rule is to make a conforming change
in the FAR. This rule implements E.O. 13838 by amending FAR
22.1903(b)(2) and FAR clause 52.222-55(c)(2) to conform to the DOL rule
by adding seasonal recreational services or seasonal recreational
equipment rental for the general public on Federal lands to the list of
exemptions.
4. Scope of Rule
Comment: Several respondents stated the rule would privatize the
National Parks.
Response: This rule does not change the extent to which contractors
can be used to assist Federal agencies with providing services on
Federal lands. Nor does it alter any inherently governmental
responsibility vested in the Federal Government. Contractors have been
used by Federal agencies for many years to assist with providing
superior and efficient services on Federal lands. This rule only
changes the extent to which minimum wages are required for Federal
contracts under E.O. 13658.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule does not add any new provisions or clauses. The rule does
not change the applicability of existing provisions or clauses to
contracts at or below the SAT and contracts for the acquisition of
commercial items, including COTS items. The FAR clause at 52.222-55,
Minimum Wages Under Executive Order 13658, is prescribed for use in
contracts valued at or below the SAT and for the acquisition of
commercial items. Under this rule, acquisitions below the SAT or for
commercial items involving seasonal recreational services or seasonal
recreational equipment rental for the general public on Federal lands
would be exempt from FAR clause 52.222-55. Lodging and food services
are not exempted.
IV. Executive Orders 12866 and 13563
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 rule 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.
V. Executive Order 13371
This rule is not subject to E.O. 13771, Reducing Regulation and
Controlling Regulatory Costs, because the rule is not a significant
regulatory action under E.O. 12866.
VI. 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. 601, et seq. The FRFA is summarized as follows:
This rule is required to implement a DOL rule dated September
26, 2018, which implemented E.O. 13838, Exemption from Executive
Order 13658 for Recreational Services on Federal Lands (May 25,
2018, published June 1, 2018, 83 FR 25341). E.O. 13838 made
contracts or contract-like instruments entered into with the Federal
Government in connection with seasonal recreational services or
seasonal recreational equipment rental for the general public on
Federal lands exempt from the minimum wage requirements under E.O.
13658, dated February 12, 2014; lodging and food services are not
exempted.
The objective of this rule is to make a conforming change in the
FAR to conform to the DOL rule to implement E.O. 13838. This rule
provides a conforming amendment to FAR 22.1903(b)(2)(iii) and FAR
clause 52.222-55(c)(2)(ii) to conform to the DOL rule by adding
seasonal recreational services or seasonal recreational equipment
rental for the general public on Federal lands to the list of
exemptions. Lodging and food services are not exempted. The legal
basis for these changes is E.O. 13838.
There were no significant issues raised by the public comments
in response to the initial regulatory flexibility analysis.
This rule is not expected to have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule
only applies to contracts for seasonal recreational services or
seasonal recreational equipment rental.
Lodging and food services are not exempted. On average for
fiscal years 2016-2018, there were 229 awards reported on an annual
basis in the Federal Procurement Data System (FPDS) for seasonal
recreational services and seasonal recreational equipment rental, of
which 153 were awarded to small business entities. The FPDS data
could not isolate which of the awards were for services or rentals
on Federal lands, so the average number of awards for seasonal
recreational services or seasonal recreational equipment rental to
the general public on Federal lands could be even lower.
Furthermore, this rule is expected to have a beneficial impact on
small businesses as it relaxes the burden on small businesses.
There are no reporting, recordkeeping, or other compliance
requirements on any small entities in this rule. The rule does not
duplicate, overlap or conflict with any other Federal rules.
DoD, GSA, and NASA were unable to identify any alternatives to
the rule which would reduce the impact on small entities and still
meet the requirements of the statute.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat Division. The Regulatory Secretariat Division
has submitted a copy of the FRFA to the Chief Counsel for Advocacy of
the Small Business Administration.
VII. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 22 and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 22 and 52 as set
forth below:
0
1. The authority citation for 48 CFR parts 22 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 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
2. Amend section 22.1901 by--
0
a. Revising the section heading;
0
b. Adding introductory text and, in alphabetical order, the definitions
``Seasonal recreational equipment rental'' and ``Seasonal recreational
services''; and
[[Page 67628]]
0
c. In the definition ``Worker,'' removing from the introductory text
``, as used in this subpart,''.
The revision and additions read as follows:
22.1901 Definitions.
As used in this subpart--
Seasonal recreational equipment rental means any equipment rental
in connection with seasonal recreational services.
Seasonal recreational services means services that include river
running, hunting, fishing, horseback riding, camping, mountaineering
activities, recreational ski services, and youth camps.
* * * * *
0
3. Amend section 22.1903 by--
0
a. Removing the period at the end of paragraph (b)(2)(ii)(C) and adding
``; or'' in its place; and
0
b. Adding paragraph (b)(2)(iii).
The addition reads as follows:
22.1903 Applicability.
* * * * *
(b) * * *
(2) * * *
(iii) Seasonal recreational services or seasonal recreational
equipment rental for the general public on Federal lands, except for
lodging and food services associated with seasonal recreational
services, in accordance with Executive Order 13838, Exemption from
Executive Order 13658 for Recreational Services on Federal Lands (3
CFR, 2018 Comp., p. 831), as implemented by the U.S. Department of
Labor regulations at 29 CFR 10.4(g).
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (c)(7) ``(DEC 2015)'' and adding ``(NOV
2020)'' in its place;
0
c. Removing from paragraph (e)(1)(xvii) ``(DEC 2015)'' and adding
``(NOV 2020)'' in its place; and
0
d. In Alternate II:
0
i. Revising the date of the alternate; and
0
ii. Removing from paragraph (e)(1)(ii)(P) ``(DEC 2015)'' and adding
``(NOV 2020)'' in its place.
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 2020)
* * * * *
Alternate II (NOV 2020). * * *
* * * * *
0
5. Amend section 52.213-4 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(2)(viii) ``(AUG 2020)'' and adding
``(NOV 2020).'' in its place; and
0
c. Removing from paragraph (b)(1)(ix) ``(DEC 2015)'' and adding ``(NOV
2020)'' in its place.
The revision reads as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items)
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (Nov 2020)
* * * * *
0
6. Amend section 52.222-55 by--
0
a. Revising the date of the clause;
0
b. Adding to paragraph (a), in alphabetical order, the definitions
``Seasonal recreational equipment rental'' and ``Seasonal recreational
services'';
0
c. In paragraph (c)(2)(ii)(A), removing the period at the end of the
sentence and adding a semicolon in its place;
0
d. In paragraph (c)(2)(ii)(B), removing the period at the end of the
sentence and adding ``; and'' in its place;
0
e. In paragraph (c)(2)(ii)(C), removing the period at the end of the
sentence and adding ``; or'' in its place; and
0
f. Adding paragraph (c)(2)(iii).
The revision and additions read as follows:
52.222-55 Minimum Wages Under Executive Order 13658.
* * * * *
Minimum Wages Under Executive Order 13658 (Nov 2020)
(a) * * *
``Seasonal recreational equipment rental'' means any equipment
rental in connection with seasonal recreational services.
``Seasonal recreational services'' means services that include:
river running, hunting, fishing, horseback riding, camping,
mountaineering activities, recreational ski services, and youth
camps.
* * * * *
(c) * * *
(2) * * *
(iii) Seasonal recreational services or seasonal recreational
equipment rental for the general public on Federal lands, except for
lodging and food services associated with seasonal recreational
services, in accordance with Executive Order 13838, Exemption from
Executive Order 13658 for Recreational Services on Federal Lands (3
CFR, 2018 Comp., p. 831), as implemented by the U.S. Department of
Labor regulations at 29 CFR 10.4(g).
* * * * *
0
7. Amend section 52.244-6 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c)(1)(xv) ``(DEC 2015)'' and adding ``(NOV
2020)'' in its place.
The revision reads as follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items (Nov 2020)
* * * * *
[FR Doc. 2020-21701 Filed 10-22-20; 8:45 am]
BILLING CODE 6820-EP-P
