80 FR 19504 - Federal Acquisition Regulation; Further Amendments to Equal Employment Opportunity

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 69 (April 10, 2015)

Page Range		19504-19508
FR Document		2015-08309
DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13672, ``Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,'' and a final rule issued by the Department of Labor (DOL).
Federal Register, Volume 80 Issue 69 (Friday, April 10, 2015)
[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Rules and Regulations]
[Pages 19504-19508]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08309]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 22, and 52

[FAC 2005-81; FAR Case 2015-013; Item I; Docket No. 2015-0013, Sequence 
No. 1]
RIN 9000-AN01


Federal Acquisition Regulation; Further Amendments to Equal 
Employment Opportunity

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule.

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SUMMARY: DoD, GSA, and NASA are issuing an interim rule amending the 
Federal Acquisition Regulation (FAR) to implement Executive Order 
(E.O.) 13672, ``Further Amendments to Executive Order 11478, Equal 
Employment Opportunity in the Federal Government, and Executive Order 
11246, Equal Employment Opportunity,'' and a final rule issued by the 
Department of Labor (DOL).

DATES: Effective: April 10, 2015.
    Applicability: This rule applies to solicitations and modifications 
to contracts, if the contract does not already contain clauses as 
amended by the rule, issued on or after April 10, 2015.
    Comment Date: Interested parties should submit written comments to 
the Regulatory Secretariat on or before June 9, 2015 to be considered 
in the formation of the final rule.

ADDRESSES: Submit comments identified by FAC 2005-81, FAR Case 2015-
013, by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2015-013''. Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2015-013''. Follow the instructions provided at the ``Comment 
Now'' screen. Please include your name, company name (if any), and 
``FAR Case 2015-013'' on your attached document.

[[Page 19505]]

     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FAC 2005-81, FAR 
Case 2015-013, in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided.

FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst, 
at 202-501-0650 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAC 2005-81, FAR Case 2015-
013.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are issuing an interim rule amending the FAR to 
implement Executive Order (E.O.) 13672, entitled ``Further Amendments 
to Executive Order 11478, Equal Employment Opportunity in the Federal 
Government, and Executive Order 11246, Equal Employment Opportunity.'' 
The E.O. was signed July 21, 2014, and was published in the Federal 
Register at 79 FR 42971 on July 23, 2014. This interim rule is also 
implementing a final rule issued by the Office of Federal Contract 
Compliance Programs (OFCCP) of the Department of Labor (DOL), which was 
published in the Federal Register at 79 FR 72985 on December 9, 2014, 
``Implementation of Executive Order 13672 Prohibiting Discrimination 
Based on Sexual Orientation and Gender Identity by Contractors and 
Subcontractors.'' The DOL rule revises 41 CFR parts 60-1, 60-2, 60-4, 
and 60-50.
    E.O. 11246, dated September 24, 1965, established requirements for 
non-discriminatory practices in hiring and employment for Federal 
contractors and subcontractors. The bases of discrimination prohibited 
by E.O. 11246 are race, color, religion, sex, and national origin. E.O. 
13672 seeks to provide for a uniform policy for the Federal Government 
to prohibit discrimination and take further steps to promote economy 
and efficiency in Federal Government procurement by adding sexual 
orientation and gender identity to the prohibited bases of 
discrimination established by E.O. 11246. E.O. 13672 is applicable on 
or after the effective date of the rules promulgated by DOL. The 
effective date of the DOL final rule is April 8, 2015.

II. Discussion and Analysis

    A. The DOL regulation implements E.O. 13672 by substituting the 
phrase ``sex, sexual orientation, gender identity, or national origin'' 
for ``sex or national origin'' wherever ``sex or national origin'' 
appears in the DOL regulations implementing E.O. 11246. The DOL 
regulation did not provide definitions for the terms ``gender 
identity'' or ``sexual orientation''; however, the OFCCP has developed 
materials to assist the contractor community, which include definitions 
of these terms. DoD, GSA, and NASA consider that the contracting 
community, contracting agency acquisition professionals as well as 
contractors and subcontractors, need these definitions in order to 
understand and comply with the requirements of the rule. Therefore, 
this interim rule relies on the OFCCP developed definitions and 
provides a link to the DOL's OFCCP Web site where the definitions are 
found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
    B. The FAR implements E.O. 11246 in FAR subpart 22.8, Equal 
Employment Opportunity, FAR clause 52.222-26, Equal Opportunity, and 
related clauses as described below. This interim rule provides 
definitions and inserts ``sexual orientation, gender identity'' between 
``sex'' and ``or national origin'' wherever they appear within FAR 
subpart 22.8 and the clauses that are prescribed in FAR subpart 22.8 as 
follows--
    1. FAR 22.801, Definitions. The terms ``gender identity'' and 
``sexual orientation'' are included in the list of defined terms.
    2. FAR 22.802, General. Inserts the required language in paragraph 
(a)(2), which sets out the general requirement of E.O. 11246 to promote 
equal employment opportunity.
    3. FAR 22.807, Exemptions. Inserts the required language in 
paragraph (a)(4), which discusses an exemption to E.O. 11246 for work 
on or near Indian Reservations, but reaffirms that if the contractor 
extends a preference in employment to Indians living on or near an 
Indian reservation, it shall not discriminate among Indians.
    4. FAR 52.212-5, Contract Terms and Conditions Required to 
Implement Statutes or Executive Orders--Commercial Items. Updates the 
currency of clause dates.
    5. FAR 52.213-4, Terms and Conditions--Simplified Acquisitions 
(Other Than Commercial Items). Updates the currency of clause dates.
    6. FAR 52.222-21, Prohibition of Segregated Facilities. Revises 
paragraph (a) to include the definitions of ``gender identity'' and 
``sexual orientation'' and updates the definition of ``segregated 
facilities.''
    7. FAR 52.222-26, Equal Opportunity. Inserts definitions for the 
terms ``gender identity'' and ``sexual orientation'' and revises 
paragraphs (c)(1), (2), and (4), which set out basic requirements for 
prohibition of discrimination and action required to ensure equal 
treatment of employees during employment.
    8. FAR 52.222-27, Affirmative Action Compliance Requirements for 
Construction. Inserts definitions for the terms ``gender identity'' and 
``sexual orientation'', and revises paragraph (j), which affirms that 
employment goals or affirmative action standards shall not be used to 
discriminate against any person.
    9. FAR 52.222-29, Notification of Visa Denial. Inserts definitions 
for the terms ``gender identity'' and ``sexual orientation'' and 
revises the clause to affirm the requirement for nondiscrimination when 
it is not compatible with the policies of a country where or for whom 
work is to be performed.
    C. This interim rule updates the Office of Management and Budget 
(OMB) Control Numbers in FAR 1.106, OMB approval under the Paperwork 
Reduction Act. The information collections imposed by E.O. 11246 as 
amended are managed by DOL and are cited in the FAR.
    D. This interim rule corrects previous inadvertent errors of 
omission by including FAR clause 52.222-21, Prohibition of Segregated 
Facilities in paragraph (e)(1) and Alternate II paragraph (e)(1) of the 
FAR clause at 52.212-5, Contract Terms and Conditions Required to 
Implement Statutes or Executive Orders--Commercial Items. Similarly, 
two clauses inadvertently omitted from FAR clause 52.244-6, 
Subcontracts for Commercial Items, are included in the list at 
paragraph (c)(1)--
    1. FAR 52.222-21, Prohibition of Segregated Facilities, which is 
prescribed for all contracts containing FAR 52.222-26, Equal 
Opportunity; and
    2. FAR 52.222-55, which implements E.O. 13673, Minimum Wages for 
Contractors.
    E. This interim rule makes an administrative change to the listed 
provisions and FAR clauses at 52.212-5, Contract Terms and Conditions 
Required to Implement Statutes or Executive Orders--Commercial Items, 
and 52.213-4, Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Items) to list them in numerical order. This change is being 
made so that the lists follow the logical sequence of FAR parts, 
reducing the

[[Page 19506]]

likelihood that a reader could inadvertently overlook requirements.
    F. The DOL rule preamble (79 FR at page 72987) emphasized that 
nothing in E.O. 13672, the DOL implementing regulations, or this 
interim rule diminishes the pre-existing coverage of discrimination on 
the basis of gender identity or discrimination on the basis of 
transgender status as a form of sex discrimination. See Price 
Waterhouse v. Hopkins, 490 U.S. 228 (1989); Macy v. Holder, EEOC Appeal 
No. 0120120821 (April 20, 2012). See also OFCCP Directive 2014-02, 
``Gender Identity and Sex Discrimination,'' effective August 19, 2014, 
which can be obtained at www.dol.gov/ofccp/regs/compliance/directives/dir2014_02.html.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is 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. This rule is not a major rule under 5 
U.S.C. 804.

IV. Regulatory Flexibility Act

    The change may 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. The Initial Regulatory 
Flexibility Analysis (IRFA) is summarized as follows:

    1. Reasons for the action.
    This rule is necessary to implement Executive Order 13672, 
Further Amendments to Executive Order 11478, Equal Employment 
Opportunity in the Federal Government, and Executive Order 11246, 
Equal Employment Opportunity, and a final rule issued by the 
Department of Labor at 41 CFR part 60 (79 FR 72985, December 09, 
2014).
    2. Objectives of, and legal basis for, the rule.
    The objective of this rule is to provide for a uniform policy 
for the Federal Government to prohibit discrimination in Federal 
Government procurement by adding sexual orientation and gender 
identity to the prohibited bases of discrimination established by 
E.O. 11246.
    3. Description of and estimate of the number of small entities 
to which the rule will apply.
    The rule will apply to all contracts and subcontracts subject to 
the Equal Opportunity FAR clause 52.222-26, which is prescribed for 
all contracts over $10,000 that are not completely exempted. Using 
Fiscal Year 2013 Federal Procurement Data System and Federal 
Subcontract Reporting System data, it is estimated that awards were 
made to 168,758 unique small businesses and that subcontracts were 
awarded to 61,816 unique small businesses. It is noted that there is 
likely a good measure of overlap between the unique small businesses 
that receive Federal awards and those that receive subcontract 
awards resulting in a likely overestimated total of 230,574 impacted 
small businesses.
    4. Description of projected reporting, recordkeeping, and other 
compliance requirements of the rule. Include an estimate of the 
classes of small entities which will be subject to the requirement 
and the type of professional skills necessary for preparation of the 
report or record.
    Recordkeeping and reporting requirements of the rule involve 
regulatory familiarization and administrative costs associated with 
incorporating revised language into policies, instructions, notices 
to employees, and subcontracts. Other changes made by the rule, such 
as the prohibition of segregation of facilities are expected to have 
only minimal cost impacts as they do not require modification or 
construction of additional facilities, but rather the provision of 
equal access to existing facilities. An analysis of estimated costs 
of the regulatory changes was performed in the DOL final rule that 
was published in the Federal Register at 79 FR 72985 on December 9, 
2014.
    5. Relevant Federal rules which may duplicate, overlap, or 
conflict with the rule.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    6. Description of any significant alternatives to the rule which 
accomplish the stated objectives of applicable statutes and which 
minimize any significant economic impact of the rule on small 
entities.
    DoD, GSA, and NASA are not aware of any significant alternatives 
to the rule that would accomplish the stated objectives of the E.O. 
and the DOL implementing regulations.
    It is necessary for the rule to apply to small entities, because 
E.O. 11246, as amended, applies to all contracts above $10,000 that 
are not completely exempted. Every effort has been made to minimize 
the burdens imposed.

    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, 
and NASA invite comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the rule in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-013), 
in correspondence.

V. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C chapter 35) does apply; 
however, the information collection authorization is under the DOL 
regulations and is assigned OMB Control Number 1250-0009, titled 
Prohibiting Discrimination Based on Sexual Orientation and Gender 
identity by Contractors and Subcontractors. This information collection 
was authorized to address the E.O. 13672 changes and its expiration 
date is September 30, 2015.

VI. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary because E.O. 13672 stipulates that the effective date of 
the E.O., is the effective date of the DOL regulations, which is April 
08, 2015.
    However, pursuant to 41 U.S.C. 1707 and FAR 1.501-3(b), DoD, GSA, 
and NASA will consider public comments received in response to this 
interim rule in the formation of the final rule.

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

    Government procurement.

    Dated: April 7, 2015.
William 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 1, 22, and 52 as 
set forth below:

0
1. The authority citation for 48 CFR parts 1, 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 1--FEDERAL ACQUSITION REGULATION SYSTEM


1.106  [Amended]

0
2. Amend section 1.106, in the table following the introductory text, 
by--
0
a. Removing the FAR Segment ``22.8'' and its corresponding OMB control 
numbers ``1215-0072'' and adding ``22.8'' and its corresponding OMB 
control number ``1250-0003'' in its place; and

[[Page 19507]]

0
b. Removing the FAR Segments ``52.222-21'', ``52.222-22'', ``52.222-
23'', ``52.222-25'', ``52.222-26'', and ``52.222-27'' and their 
corresponding OMB control number ``1215-0072'' and adding ``52.222-
21'', ``52.222-22'', ``52.222-23'', ``52.222-25'', ``52.222-26'', and 
``52.222-27'' and their corresponding OMB control number ``1250-0003'' 
in their places.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
3. Amend section 22.801 by adding, in alphabetical order, the 
definitions ``Gender identity'' and ``Sexual orientation'' to read as 
follows:


22.801  Definitions.

* * * * *
    Gender identity has the meaning given by the Department of Labor's 
Office of Federal Contract Compliance Programs, and is found at 
www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
* * * * *
    Sexual orientation has the meaning given by the Department of 
Labor's Office of Federal Contract Compliance Programs, and is found at 
www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
* * * * *


22.802  [Amended]

0
4. Amend section 22.802 by removing from paragraph (a)(2) ``sex, or'' 
and adding ``sex, sexual orientation, gender identity, or'' in its 
place.


22.807  [Amended]

0
5. Amend section 22.807 by removing from paragraph (b)(4) ``sex, or'' 
and adding ``sex, sexual orientation, gender identity, or'' in its 
place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
6. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Revising paragraphs (b)(27) and (28);
0
c. Removing paragraph (c)(10);
0
d. Redesignating paragraphs (c)(1) through (c)(9) as paragraphs (c)(2) 
through (10), respectively;
0
e. Adding a new paragraph (c)(1);
0
f. Revising the newly designated paragraph (c)(8);
0
g. Removing paragraph (e)(1)(xvii);
0
h. Redesignating paragraphs (e)(1)(iv) through (e)(1)(xvi) as 
paragraphs (e)(1)(v) through (xvii), respectively;
0
i. Adding a new paragraph (e)(1)(iv);
0
j. Further redesignating newly designated paragraphs (e)(1)(xv) through 
(e)(1)(xvii) as paragraphs (e)(1)(xvi) through (xviii), respectively;
0
k. Adding a new paragraph (e)(1)(xv); and
0
l. Amending Alternate II by--
0
1. Revising the date of the Alternate;
0
2. Removing paragraph (e)(1)(ii)(O);
0
3. Redesignating paragraphs (e)(1)(ii)(D) through (e)(1)(ii)(N) as 
paragraphs (e)(1)(ii)(E) through (O), respectively;
0
4. Adding a new paragraph (e)(1)(ii)(D);
0
5. Further redesignating newly designated paragraphs (e)(1)(ii)(N) and 
(O) as paragraphs (e)(1)(ii)(O) and (P), respectively; and
0
6. Adding new paragraph (e)(1)(ii)(N).
    The revised and added text reads 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 (Apr 2015)

* * * * *
    (b) * * *
    ___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 
2015).
    ___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
* * * * *
    (c) * * *
    ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) 
(E.O. 13495).
* * * * *
    ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 
2014) (E.O. 13658).
* * * * *
    (e)(1) * * *
    (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
* * * * *
    (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 
2014) (E.O. 13658).
* * * * *
    Alternate II (Apr 2015). * * *
* * * * *
    (e)(1) * * *
    (ii) * * *
    (D) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
* * * * *
    (N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) 
(E.O. 13658).
* * * * *

0
7. Amend section 52.213-4 by--
0
a. Revising the date of the clause;
0
b. Revising paragraphs (a)(1)(ii) and (a)(1)(iii);
0
c. Adding paragraph (a)(1)(vii);
0
d. Removing paragraph (b)(1)(xv);
0
e. Redesignating paragraphs (b)(1)(ix) through (b)(1)(xiv) as 
paragraphs (b)(1)(x) through (xv), respectively; and
0
f. Adding a new paragraph (b)(1)(ix).
    The revised and added text reads as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Items).

* * * * *

Terms and Conditions--Simplified Acquisitions (Other Than Commercial 
Items) (Apr 2015)

* * * * *
    (a) * * *
    (1) * * *
    (ii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
    (iii) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
* * * * *
    (vii) 52.222-6, Subcontracts for Commercial Items (Apr 2015).
* * * * *
    (b) * * *
    (1) * * *
    (ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 
2014) (E.O. 13658).
* * * * *

0
8. Amend section 52.222-21 by revising the date of clause and paragraph 
(a) to read as follows:


52.222-21  Prohibition of segregated facilities.

* * * * *

Prohibition of Segregated Facilities (Apr 2015)

    (a) Definitions. As used in this clause--
    Gender identity has the meaning given by the Department of 
Labor's Office of Federal Contract Compliance Programs, and is found 
at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
    Segregated facilities means any waiting rooms, work areas, rest 
rooms and wash rooms, restaurants and other eating areas, time 
clocks, locker rooms and other storage or dressing areas, parking 
lots, drinking fountains, recreation or entertainment areas, 
transportation, and housing facilities provided for employees, that 
are segregated by explicit directive or are in fact segregated on 
the basis of race, color, religion, sex, sexual orientation, gender 
identity, or national origin because of written or oral policies or 
employee custom. The term does not include separate or single-user 
rest rooms or necessary dressing or sleeping areas provided to 
assure privacy between the sexes.
    Sexual orientation has the meaning given by the Department of 
Labor's Office of Federal Contract Compliance Programs, and

[[Page 19508]]

is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

* * * * *

0
9. Amend section 52.222-26 by--
0
a. Revising the date of the clause;
0
b. Revising paragraph (a);
0
c. Revising the first sentence of paragraphs (c)(1) and (c)(2); and
0
d. Revising paragraph (c)(4) to read as follows:


52.222-26  Equal Opportunity.

* * * * *

Equal Opportunity (Apr 2015)

    (a) Definitions. As used in this clause--
    Gender identity has the meaning given by the Department of 
Labor's Office of Federal Contract Compliance Programs, and is found 
at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
    Sexual orientation has the meaning given by the Department of 
Labor's Office of Federal Contract Compliance Programs, and is found 
at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
    United States means the 50 States, the District of Columbia, 
Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the 
U.S. Virgin Islands, and Wake Island.
* * * * *
    (c)(1) The Contractor shall not discriminate against any 
employee or applicant for employment because of race, color, 
religion, sex, sexual orientation, gender identity, or national 
origin. * * *
    (2) The Contractor shall take affirmative action to ensure that 
applicants are employed, and that employees are treated during 
employment, without regard to their race, color, religion, sex, 
sexual orientation, gender identity, or national origin. * * *
* * * * *
    (4) The Contractor shall, in all solicitations or advertisements 
for employees placed by or on behalf of the Contractor, state that 
all qualified applicants will receive consideration for employment 
without regard to race, color, religion, sex, sexual orientation, 
gender identity, or national origin.

* * * * *

0
10. Amend section 52.222-27 by--
0
a. Revising the date of the clause;
0
b. Revising the introductory text of paragraph (a) and the definitions 
``Covered area'', ``Deputy Assistant Secretary'', ``Employer 
identification number'', and the introductory text of the definition 
``Minority'';
0
c. Adding to paragraph (a), in alphabetical order, the definitions 
``Gender identity'' and ``Sexual orientation''; and
0
d. Revising paragraph (j) to read as follows:


52.222-27  Affirmative Action Compliance Requirements for Construction.

* * * * *

Affirmative Action Compliance Requirements for Construction (Apr 2015)

    (a) Definitions. As used in this clause--
    Covered area means the geographical area described in the 
solicitation for this contract.
    Deputy Assistant Secretary means the Deputy Assistant Secretary 
for the Office of Federal Contract Compliance Programs, U.S. 
Department of Labor, or a designee.
    Employer identification number means the Federal Social Security 
number used on the employer's quarterly Federal tax return, U.S. 
Treasury Department Form 941.
    Gender identity has the meaning given by the Department of 
Labor's Office of Federal Contract Compliance Programs, and is found 
at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
    Minority means-- * * *
    Sexual orientation has the meaning given by the Department of 
Labor's Office of Federal Contract Compliance Programs, and is found 
at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
* * * * *
    (j) The Contractor shall not use goals or affirmative action 
standards to discriminate against any person because of race, color, 
religion, sex, sexual orientation, gender identity, or national 
origin.

* * * * *

0
11. Revise section 52.222-29 to read as follows:


52.222-29  Notification of visa denial.

    As prescribed in 22.810(g), insert the following clause:

Notification of Visa Denial (Apr 2015)

    (a) Definitions. As used in this clause--
    Gender identity has the meaning given by the Department of 
Labor's Office of Federal Contract Compliance Programs, and is found 
at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
    Sexual orientation has the meaning given by the Department of 
Labor's Office of Federal Contract Compliance Programs, and is found 
at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
    (b) Requirement to notify. (1) It is a violation of Executive 
Order 11246 for a Contractor to refuse to employ any applicant or 
not to assign any person hired in the United States, Puerto Rico, 
the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin 
Islands, or Wake Island, on the basis that the individual's race, 
color, religion, sex, sexual orientation, gender identity, or 
national origin is not compatible with the policies of the country 
where or for whom the work will be performed (41 CFR 60-1.10).
    (2) The Contractor shall notify the U.S. Department of State, 
Assistant Secretary, Bureau of Political-Military Affairs (PM), 2201 
C Street NW., Room 6212, Washington, DC 20520, and the U.S. 
Department of Labor, Deputy Assistant Secretary for Federal Contract 
Compliance, when it has knowledge of any employee or potential 
employee being denied an entry visa to a country where this contract 
will be performed, and it believes the denial is attributable to the 
race, color, religion, sex, sexual orientation, gender identity, or 
national origin of the employee or potential employee.

    (End of clause)

0
12. Amend section 52.244-6 by--
0
a. Revising the date of the clause;
0
b. Redesignating paragraphs (c)(1)(iv) through (xii) as paragraphs 
(c)(1)(v) through (xiii), respectively;
0
c. Adding a new paragraph (c)(1)(iv);
0
d. Revising newly designated paragraph (c)(1)(v);
0
e. Further redesignating newly designated paragraphs (c)(1)(xi) through 
(xiii) as paragraphs (c)(1)(xii) through (xiv); and
0
f. Adding a new paragraph (c)(1)(xi) to read as follows:


52.244-6  Subcontracts for Commercial Items.

* * * * *

Subcontracts for Commercial Items (Apr 2015)

* * * * *
    (c)(1) * * *
    (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
    (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
* * * * *
    (xi) 52.222-55, Establishing a Minimum Wage for Contractors (E.O. 
13658) (Dec 2014).
* * * * *
[FR Doc. 2015-08309 Filed 4-8-15; 11:15 am]
 BILLING CODE 6820-EP-P
19504 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations

DEPARTMENT OF DEFENSE I—Further Amendments to Equal Acting Assistant Administrator for
Employment Opportunity (FAR Case Procurement, National Aeronautics and
GENERAL SERVICES 2015–013) Space Administration.
ADMINISTRATION [FR Doc. 2015–08281 Filed 4–8–15; 11:15 am]
DoD, GSA, and NASA are issuing an BILLING CODE 6820–EP–P
NATIONAL AERONAUTICS AND interim rule amending the Federal
SPACE ADMINISTRATION Acquisition Regulation (FAR) to
implement Executive Order (E.O.) DEPARTMENT OF DEFENSE
13672, entitled ‘‘Further Amendments
48 CFR Chapter 1 GENERAL SERVICES
to Executive Order 11478, Equal
Employment Opportunity in the Federal ADMINISTRATION
[Docket No. FAR 2015–0051, Sequence 1] Government, and Executive Order
11246, Equal Employment NATIONAL AERONAUTICS AND
Federal Acquisition Regulation; Opportunity’’. E.O. 13672 was signed SPACE ADMINISTRATION
Federal Acquisition Circular 2005–81; July 21, 2014. This interim rule is also
Introduction implementing a final rule issued by the 48 CFR Parts 1, 22, and 52
Office of Federal Contract Compliance [FAC 2005–81; FAR Case 2015–013; Item
AGENCIES: Department of Defense (DoD), Programs of the Department of Labor, I; Docket No. 2015–0013, Sequence No. 1]
General Services Administration (GSA), which was published in the Federal
and National Aeronautics and Space Register at 79 FR 72985 on December 9, RIN 9000–AN01
Administration (NASA). 2014, Implementation of Executive
Order 13672 Prohibiting Discrimination Federal Acquisition Regulation;
ACTION: Summary presentation of an Further Amendments to Equal
Based on Sexual Orientation and
interim rule. Employment Opportunity
Gender Identity by Contractors and
Subcontractors. AGENCY: Department of Defense (DoD),
SUMMARY: This document summarizes
Executive Order 11246, dated General Services Administration (GSA),
the Federal Acquisition Regulation
September 24, 1965, established and National Aeronautics and Space
(FAR) rule agreed to by the Civilian Administration (NASA).
Agency Acquisition Council and the requirements for non-discriminatory
practices in hiring and employment for ACTION: Interim rule.
Defense Acquisition Regulations
Federal contractors and subcontractors.
Council (Councils) in this Federal SUMMARY: DoD, GSA, and NASA are
The bases of discrimination prohibited
Acquisition Circular (FAC) 2005–81. A issuing an interim rule amending the
by E.O. 11246 are race, color, religion,
companion document, the Small Entity Federal Acquisition Regulation (FAR) to
sex, and national origin. E.O. 13672
Compliance Guide (SECG), follows this adds sexual orientation and gender implement Executive Order (E.O.)
FAC. The FAC, including the SECG, is identity to the prohibited bases of 13672, ‘‘Further Amendments to
available via the Internet at http:// discrimination established by Executive Executive Order 11478, Equal
www.regulations.gov. Order 11246. There is no significant Employment Opportunity in the Federal
impact on small entities imposed by the Government, and Executive Order
DATES: For effective dates and comment 11246, Equal Employment
dates see separate documents, which FAR rule.
Opportunity,’’ and a final rule issued by
follow. Dated: April 7, 2015.
the Department of Labor (DOL).
William Clark,
FOR FURTHER INFORMATION CONTACT: The DATES: Effective: April 10, 2015.
Director, Office of Government-wide Applicability: This rule applies to
analyst whose name appears in the table Acquisition Policy, Office of Acquisition
below in relation to the FAR case. Policy, Office of Governmentwide Policy.
solicitations and modifications to
Please cite FAC 2005–81 and the contracts, if the contract does not
Federal Acquisition Circular (FAC) already contain clauses as amended by
specific FAR case number. For
2005–81 is issued under the authority of the rule, issued on or after April 10,
information pertaining to status or
the Secretary of Defense, the 2015.
publication schedules, contact the
Administrator of General Services, and Comment Date: Interested parties
Regulatory Secretariat at 202–501–4755. the Administrator for the National should submit written comments to the
Rule Listed in FAC 2005–81 Aeronautics and Space Administration. Regulatory Secretariat on or before June
Unless otherwise specified, all 9, 2015 to be considered in the
Subject FAR Case Analyst Federal Acquisition Regulation (FAR) formation of the final rule.
and other directive material contained ADDRESSES: Submit comments
Further Amend- 2015–013 Loeb. in FAC 2005–81 is effective April 10, identified by FAC 2005–81, FAR Case
ments to Equal
Employment Op-
2015. 2015–013, by any of the following
portunity (Interim). Dated: April 6, 2015. methods:
RADM Althea H. Coetzee,
• Regulations.gov: http://
www.regulations.gov. Submit comments
Acting Director of Defense Procurement and
via the Federal eRulemaking portal by
SUPPLEMENTARY INFORMATION: Summary Acquisition Policy.
searching for ‘‘FAR Case 2015–013’’.
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for the FAR rule follows. For the actual Dated: April 6, 2015. Select the link ‘‘Comment Now’’ that
revisions and/or amendments made by Jeffrey A. Koses, corresponds with ‘‘FAR Case 2015–
this FAR case, refer to the specific item Senior Procurement Executive/Deputy CAO, 013’’. Follow the instructions provided
number and subject set forth in the Office of Acquisition Policy, U.S. General at the ‘‘Comment Now’’ screen. Please
document following this item summary. Services Administration. include your name, company name (if
FAC 2005–81 amends the FAR as Dated: April 6, 2015. any), and ‘‘FAR Case 2015–013’’ on your
specified below: Monica Y. Manning, attached document.

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• Fax: 202–501–4067. II. Discussion and Analysis identity’’ and ‘‘sexual orientation’’ and
• Mail: General Services A. The DOL regulation implements updates the definition of ‘‘segregated
Administration, Regulatory Secretariat facilities.’’
E.O. 13672 by substituting the phrase
(MVCB), ATTN: Ms. Flowers, 1800 F 7. FAR 52.222–26, Equal Opportunity.
‘‘sex, sexual orientation, gender
Street NW., 2nd Floor, Washington, DC Inserts definitions for the terms ‘‘gender
identity, or national origin’’ for ‘‘sex or
20405. identity’’ and ‘‘sexual orientation’’ and
Instructions: Please submit comments national origin’’ wherever ‘‘sex or
revises paragraphs (c)(1), (2), and (4),
only and cite FAC 2005–81, FAR Case national origin’’ appears in the DOL
which set out basic requirements for
2015–013, in all correspondence related regulations implementing E.O. 11246.
prohibition of discrimination and action
to this case. All comments received will The DOL regulation did not provide
required to ensure equal treatment of
be posted without change to http:// definitions for the terms ‘‘gender
employees during employment.
www.regulations.gov, including any identity’’ or ‘‘sexual orientation’’; 8. FAR 52.222–27, Affirmative Action
personal and/or business confidential however, the OFCCP has developed Compliance Requirements for
information provided. materials to assist the contractor Construction. Inserts definitions for the
community, which include definitions terms ‘‘gender identity’’ and ‘‘sexual
FOR FURTHER INFORMATION CONTACT: Mr.
of these terms. DoD, GSA, and NASA orientation’’, and revises paragraph (j),
Edward Loeb, Procurement Analyst, at
consider that the contracting which affirms that employment goals or
202–501–0650 for clarification of
community, contracting agency affirmative action standards shall not be
content. For information pertaining to
status or publication schedules, contact acquisition professionals as well as used to discriminate against any person.
the Regulatory Secretariat at 202–501– contractors and subcontractors, need 9. FAR 52.222–29, Notification of Visa
4755. Please cite FAC 2005–81, FAR these definitions in order to understand Denial. Inserts definitions for the terms
Case 2015–013. and comply with the requirements of ‘‘gender identity’’ and ‘‘sexual
the rule. Therefore, this interim rule orientation’’ and revises the clause to
SUPPLEMENTARY INFORMATION:
relies on the OFCCP developed affirm the requirement for
I. Background definitions and provides a link to the nondiscrimination when it is not
DoD, GSA, and NASA are issuing an DOL’s OFCCP Web site where the compatible with the policies of a
interim rule amending the FAR to definitions are found at www.dol.gov/ country where or for whom work is to
implement Executive Order (E.O.) ofccp/LGBT/LGBT_FAQs.html. be performed.
13672, entitled ‘‘Further Amendments B. The FAR implements E.O. 11246 in C. This interim rule updates the
to Executive Order 11478, Equal FAR subpart 22.8, Equal Employment Office of Management and Budget
Employment Opportunity in the Federal Opportunity, FAR clause 52.222–26, (OMB) Control Numbers in FAR 1.106,
Government, and Executive Order Equal Opportunity, and related clauses OMB approval under the Paperwork
11246, Equal Employment as described below. This interim rule Reduction Act. The information
Opportunity.’’ The E.O. was signed July provides definitions and inserts ‘‘sexual collections imposed by E.O. 11246 as
21, 2014, and was published in the orientation, gender identity’’ between amended are managed by DOL and are
Federal Register at 79 FR 42971 on July ‘‘sex’’ and ‘‘or national origin’’ wherever cited in the FAR.
23, 2014. This interim rule is also they appear within FAR subpart 22.8 D. This interim rule corrects previous
implementing a final rule issued by the and the clauses that are prescribed in inadvertent errors of omission by
Office of Federal Contract Compliance FAR subpart 22.8 as follows— including FAR clause 52.222–21,
Programs (OFCCP) of the Department of 1. FAR 22.801, Definitions. The terms Prohibition of Segregated Facilities in
Labor (DOL), which was published in ‘‘gender identity’’ and ‘‘sexual paragraph (e)(1) and Alternate II
the Federal Register at 79 FR 72985 on orientation’’ are included in the list of paragraph (e)(1) of the FAR clause at
December 9, 2014, ‘‘Implementation of defined terms. 52.212–5, Contract Terms and
Executive Order 13672 Prohibiting 2. FAR 22.802, General. Inserts the Conditions Required to Implement
Discrimination Based on Sexual required language in paragraph (a)(2), Statutes or Executive Orders—
Orientation and Gender Identity by which sets out the general requirement Commercial Items. Similarly, two
Contractors and Subcontractors.’’ The of E.O. 11246 to promote equal clauses inadvertently omitted from FAR
DOL rule revises 41 CFR parts 60–1, 60– employment opportunity. clause 52.244–6, Subcontracts for
2, 60–4, and 60–50. 3. FAR 22.807, Exemptions. Inserts Commercial Items, are included in the
E.O. 11246, dated September 24, the required language in paragraph list at paragraph (c)(1)—
1965, established requirements for non- (a)(4), which discusses an exemption to 1. FAR 52.222–21, Prohibition of
discriminatory practices in hiring and E.O. 11246 for work on or near Indian Segregated Facilities, which is
employment for Federal contractors and Reservations, but reaffirms that if the prescribed for all contracts containing
subcontractors. The bases of contractor extends a preference in FAR 52.222–26, Equal Opportunity; and
discrimination prohibited by E.O. 11246 employment to Indians living on or near 2. FAR 52.222–55, which implements
are race, color, religion, sex, and an Indian reservation, it shall not E.O. 13673, Minimum Wages for
national origin. E.O. 13672 seeks to discriminate among Indians. Contractors.
provide for a uniform policy for the 4. FAR 52.212–5, Contract Terms and E. This interim rule makes an
Federal Government to prohibit Conditions Required to Implement administrative change to the listed
discrimination and take further steps to Statutes or Executive Orders— provisions and FAR clauses at 52.212–
promote economy and efficiency in Commercial Items. Updates the 5, Contract Terms and Conditions
Federal Government procurement by currency of clause dates. Required to Implement Statutes or
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adding sexual orientation and gender 5. FAR 52.213–4, Terms and Executive Orders—Commercial Items,
identity to the prohibited bases of Conditions—Simplified Acquisitions and 52.213–4, Terms and Conditions—
discrimination established by E.O. (Other Than Commercial Items). Simplified Acquisitions (Other Than
11246. E.O. 13672 is applicable on or Updates the currency of clause dates. Commercial Items) to list them in
after the effective date of the rules 6. FAR 52.222–21, Prohibition of numerical order. This change is being
promulgated by DOL. The effective date Segregated Facilities. Revises paragraph made so that the lists follow the logical
of the DOL final rule is April 8, 2015. (a) to include the definitions of ‘‘gender sequence of FAR parts, reducing the

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likelihood that a reader could The rule will apply to all contracts and (FAR Case 2015–013), in
inadvertently overlook requirements. subcontracts subject to the Equal correspondence.
F. The DOL rule preamble (79 FR at Opportunity FAR clause 52.222–26, which is
page 72987) emphasized that nothing in prescribed for all contracts over $10,000 that V. Paperwork Reduction Act
are not completely exempted. Using Fiscal
E.O. 13672, the DOL implementing The Paperwork Reduction Act (44
Year 2013 Federal Procurement Data System
regulations, or this interim rule and Federal Subcontract Reporting System U.S.C chapter 35) does apply; however,
diminishes the pre-existing coverage of data, it is estimated that awards were made the information collection authorization
discrimination on the basis of gender to 168,758 unique small businesses and that is under the DOL regulations and is
identity or discrimination on the basis subcontracts were awarded to 61,816 unique assigned OMB Control Number 1250–
of transgender status as a form of sex small businesses. It is noted that there is 0009, titled Prohibiting Discrimination
discrimination. See Price Waterhouse v. likely a good measure of overlap between the Based on Sexual Orientation and
Hopkins, 490 U.S. 228 (1989); Macy v. unique small businesses that receive Federal Gender identity by Contractors and
Holder, EEOC Appeal No. 0120120821 awards and those that receive subcontract
awards resulting in a likely overestimated Subcontractors. This information
(April 20, 2012). See also OFCCP collection was authorized to address the
total of 230,574 impacted small businesses.
Directive 2014–02, ‘‘Gender Identity and 4. Description of projected reporting, E.O. 13672 changes and its expiration
Sex Discrimination,’’ effective August recordkeeping, and other compliance date is September 30, 2015.
19, 2014, which can be obtained at requirements of the rule. Include an estimate
www.dol.gov/ofccp/regs/compliance/ of the classes of small entities which will be VI. Determination To Issue an Interim
directives/dir2014_02.html. subject to the requirement and the type of Rule
professional skills necessary for preparation A determination has been made under
III. Executive Orders 12866 and 13563 of the report or record. the authority of the Secretary of Defense
Executive Orders (E.O.s) 12866 and Recordkeeping and reporting requirements
of the rule involve regulatory familiarization
(DoD), the Administrator of General
13563 direct agencies to assess all costs Services (GSA), and the Administrator
and benefits of available regulatory and administrative costs associated with
incorporating revised language into policies, of the National Aeronautics and Space
alternatives and, if regulation is Administration (NASA) that urgent and
instructions, notices to employees, and
necessary, to select regulatory subcontracts. Other changes made by the compelling reasons exist to promulgate
approaches that maximize net benefits rule, such as the prohibition of segregation of this interim rule without prior
(including potential economic, facilities are expected to have only minimal opportunity for public comment. This
environmental, public health and safety cost impacts as they do not require action is necessary because E.O. 13672
effects, distributive impacts, and modification or construction of additional stipulates that the effective date of the
equity). E.O. 13563 emphasizes the facilities, but rather the provision of equal
E.O., is the effective date of the DOL
importance of quantifying both costs access to existing facilities. An analysis of
estimated costs of the regulatory changes was regulations, which is April 08, 2015.
and benefits, of reducing costs, of
performed in the DOL final rule that was However, pursuant to 41 U.S.C. 1707
harmonizing rules, and of promoting
published in the Federal Register at 79 FR and FAR 1.501–3(b), DoD, GSA, and
flexibility. This is a significant 72985 on December 9, 2014. NASA will consider public comments
regulatory action and, therefore, was 5. Relevant Federal rules which may received in response to this interim rule
subject to review under Section 6(b) of duplicate, overlap, or conflict with the rule. in the formation of the final rule.
E.O. 12866, Regulatory Planning and The rule does not duplicate, overlap, or
Review, dated September 30, 1993. This conflict with any other Federal rules. List of Subjects in 48 CFR Parts 1, 22,
rule is not a major rule under 5 U.S.C. 6. Description of any significant and 52
804. alternatives to the rule which accomplish the
stated objectives of applicable statutes and Government procurement.
IV. Regulatory Flexibility Act which minimize any significant economic Dated: April 7, 2015.
The change may have a significant impact of the rule on small entities. William Clark,
economic impact on a substantial DoD, GSA, and NASA are not aware of any
significant alternatives to the rule that would Director, Office of Government-wide
number of small entities within the accomplish the stated objectives of the E.O. Acquisition Policy, Office of Acquisition
meaning of the Regulatory Flexibility and the DOL implementing regulations. Policy, Office of Government-wide Policy.
Act 5 U.S.C. 601, et seq. The Initial It is necessary for the rule to apply to small Therefore, DoD, GSA, and NASA
Regulatory Flexibility Analysis (IRFA) is entities, because E.O. 11246, as amended, amend 48 CFR parts 1, 22, and 52 as set
summarized as follows: applies to all contracts above $10,000 that are
not completely exempted. Every effort has
forth below:
1. Reasons for the action.
been made to minimize the burdens imposed. ■ 1. The authority citation for 48 CFR
This rule is necessary to implement
Executive Order 13672, Further Amendments The Regulatory Secretariat has parts 1, 22, and 52 continues to read as
to Executive Order 11478, Equal Employment submitted a copy of the IRFA to the follows:
Opportunity in the Federal Government, and Chief Counsel for Advocacy of the Small Authority: 40 U.S.C. 121(c); 10 U.S.C.
Executive Order 11246, Equal Employment Business Administration. A copy of the chapter 137; and 51 U.S.C. 20113.
Opportunity, and a final rule issued by the IRFA may be obtained from the
Department of Labor at 41 CFR part 60 (79 PART 1—FEDERAL ACQUSITION
FR 72985, December 09, 2014). Regulatory Secretariat. DoD, GSA, and
2. Objectives of, and legal basis for, the NASA invite comments from small REGULATION SYSTEM
rule. business concerns and other interested 1.106 [Amended]
The objective of this rule is to provide for parties on the expected impact of this
a uniform policy for the Federal Government rule on small entities. ■ 2. Amend section 1.106, in the table
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to prohibit discrimination in Federal DoD, GSA, and NASA will also following the introductory text, by—
Government procurement by adding sexual consider comments from small entities ■ a. Removing the FAR Segment ‘‘22.8’’
orientation and gender identity to the concerning the existing regulations in and its corresponding OMB control
prohibited bases of discrimination
established by E.O. 11246. subparts affected by the rule in numbers ‘‘1215–0072’’ and adding
3. Description of and estimate of the accordance with 5 U.S.C. 610. Interested ‘‘22.8’’ and its corresponding OMB
number of small entities to which the rule parties must submit such comments control number ‘‘1250–0003’’ in its
will apply. separately and should cite 5 U.S.C. 610 place; and

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■ b. Removing the FAR Segments ■ k. Adding a new paragraph (e)(1)(xv); ■ c. Adding paragraph (a)(1)(vii);
‘‘52.222–21’’, ‘‘52.222–22’’, ‘‘52.222– and ■ d. Removing paragraph (b)(1)(xv);
23’’, ‘‘52.222–25’’, ‘‘52.222–26’’, and ■ l. Amending Alternate II by— ■ e. Redesignating paragraphs (b)(1)(ix)
‘‘52.222–27’’ and their corresponding ■ 1. Revising the date of the Alternate; through (b)(1)(xiv) as paragraphs
OMB control number ‘‘1215–0072’’ and ■ 2. Removing paragraph (e)(1)(ii)(O); (b)(1)(x) through (xv), respectively; and
adding ‘‘52.222–21’’, ‘‘52.222–22’’, ■ 3. Redesignating paragraphs ■ f. Adding a new paragraph (b)(1)(ix).
‘‘52.222–23’’, ‘‘52.222–25’’, ‘‘52.222– (e)(1)(ii)(D) through (e)(1)(ii)(N) as The revised and added text reads as
26’’, and ‘‘52.222–27’’ and their paragraphs (e)(1)(ii)(E) through (O), follows:
corresponding OMB control number respectively;
‘‘1250–0003’’ in their places. ■ 4. Adding a new paragraph 52.213–4 Terms and Conditions—
(e)(1)(ii)(D); Simplified Acquisitions (Other Than
PART 22—APPLICATION OF LABOR ■ 5. Further redesignating newly Commercial Items).
LAWS TO GOVERNMENT designated paragraphs (e)(1)(ii)(N) and * * * * *
ACQUISITIONS (O) as paragraphs (e)(1)(ii)(O) and (P), Terms and Conditions—Simplified
respectively; and Acquisitions (Other Than Commercial
■ 3. Amend section 22.801 by adding, in ■ 6. Adding new paragraph (e)(1)(ii)(N).
alphabetical order, the definitions Items) (Apr 2015)
The revised and added text reads as
‘‘Gender identity’’ and ‘‘Sexual follows: * * * * *
orientation’’ to read as follows: (a) * * *
52.212–5 Contract Terms and Conditions (1) * * *
22.801 Definitions. Required to Implement Statutes or
* * * * * Executive Orders—Commercial Items. (ii) 52.222–21, Prohibition of
Gender identity has the meaning Segregated Facilities (Apr 2015).
* * * * *
given by the Department of Labor’s (iii) 52.222–26, Equal Opportunity
Office of Federal Contract Compliance Contract Terms and Conditions (Apr 2015) (E.O. 11246).
Programs, and is found at www.dol.gov/ Required to Implement Statutes or * * * * *
ofccp/LGBT/LGBT_FAQs.html. Executive Orders—Commercial Items (vii) 52.222–6, Subcontracts for
* * * * * (Apr 2015) Commercial Items (Apr 2015).
Sexual orientation has the meaning * * * * * * * * * *
given by the Department of Labor’s (b) * * * (b) * * *
Office of Federal Contract Compliance lll (27) 52.222–21, Prohibition of (1) * * *
Programs, and is found at www.dol.gov/ Segregated Facilities (Apr 2015). (ix) 52.222–55, Minimum Wages
ofccp/LGBT/LGBT_FAQs.html. lll (28) 52.222–26, Equal Under Executive Order 13658 (Dec
* * * * * Opportunity (Apr 2015) (E.O. 11246). 2014) (E.O. 13658).
* * * * * * * * * *
22.802 [Amended]
(c) * * *
■ 8. Amend section 52.222–21 by
■ 4. Amend section 22.802 by removing lll (1) 52.222–17,
from paragraph (a)(2) ‘‘sex, or’’ and revising the date of clause and
Nondisplacement of Qualified Workers
adding ‘‘sex, sexual orientation, gender paragraph (a) to read as follows:
(May 2014) (E.O. 13495).
identity, or’’ in its place. * * * * * 52.222–21 Prohibition of segregated
22.807 [Amended] lll (8) 52.222–55, Minimum facilities.
Wages Under Executive Order 13658 * * * * *
■ 5. Amend section 22.807 by removing (Dec 2014) (E.O. 13658).
from paragraph (b)(4) ‘‘sex, or’’ and Prohibition of Segregated Facilities
adding ‘‘sex, sexual orientation, gender * * * * * (Apr 2015)
identity, or’’ in its place. (e)(1) * * *
(iv) 52.222–21, Prohibition of (a) Definitions. As used in this clause—
Segregated Facilities (Apr 2015). Gender identity has the meaning given by
PART 52—SOLICITATION PROVISIONS the Department of Labor’s Office of Federal
AND CONTRACT CLAUSES * * * * * Contract Compliance Programs, and is found
(xv) 52.222–55, Minimum Wages at www.dol.gov/ofccp/LGBT/LGBT_
■ 6. Amend section 52.212–5 by— Under Executive Order 13658 (Dec FAQs.html.
■ a. Revising the date of the clause; 2014) (E.O. 13658). Segregated facilities means any waiting
■ b. Revising paragraphs (b)(27) and rooms, work areas, rest rooms and wash
(28); * * * * *
rooms, restaurants and other eating areas,
■ c. Removing paragraph (c)(10); Alternate II (Apr 2015). * * * time clocks, locker rooms and other storage
■ d. Redesignating paragraphs (c)(1) * * * * * or dressing areas, parking lots, drinking
through (c)(9) as paragraphs (c)(2) (e)(1) * * * fountains, recreation or entertainment areas,
through (10), respectively; (ii) * * * transportation, and housing facilities
■ e. Adding a new paragraph (c)(1); (D) 52.222–21, Prohibition of provided for employees, that are segregated
■ f. Revising the newly designated Segregated Facilities (APR 2015). by explicit directive or are in fact segregated
paragraph (c)(8); on the basis of race, color, religion, sex,
* * * * * sexual orientation, gender identity, or
■ g. Removing paragraph (e)(1)(xvii);
(N) 52.222–55, Minimum Wages national origin because of written or oral
■ h. Redesignating paragraphs (e)(1)(iv)
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Under Executive Order 13658 (Dec policies or employee custom. The term does
through (e)(1)(xvi) as paragraphs
2014) (E.O. 13658). not include separate or single-user rest rooms
(e)(1)(v) through (xvii), respectively; or necessary dressing or sleeping areas
■ i. Adding a new paragraph (e)(1)(iv); * * * * *
provided to assure privacy between the
■ j. Further redesignating newly ■ 7. Amend section 52.213–4 by— sexes.
designated paragraphs (e)(1)(xv) through ■ a. Revising the date of the clause; Sexual orientation has the meaning given
(e)(1)(xvii) as paragraphs (e)(1)(xvi) ■ b. Revising paragraphs (a)(1)(ii) and by the Department of Labor’s Office of
through (xviii), respectively; (a)(1)(iii); Federal Contract Compliance Programs, and

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Document Created: 2018-02-21 10:09:07
Document Modified: 2018-02-21 10:09:07
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim rule.
Dates		Effective: April 10, 2015.
Contact		Mr. Edward Loeb, Procurement Analyst, at 202-501-0650 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAC 2005-81, FAR Case 2015- 013.
FR Citation		80 FR 19504
RIN Number		9000-AN01
CFR Citation		48 CFR 1 48 CFR 22 48 CFR 52
80 FR 19504 - Federal Acquisition Regulation; Further Amendments to Equal Employment Opportunity

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 69 (April 10, 2015)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
