80_FR_19577 80 FR 19508 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-81; Small Entity Compliance Guide

80 FR 19508 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-81; Small Entity Compliance Guide

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

Page Range19508-19509
FR Document2015-08306

This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2005-81, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding this rule by referring to FAC 2005-81, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov.

Federal Register, Volume 80 Issue 69 (Friday, April 10, 2015) 
[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Rules and Regulations]
[Pages 19508-19509]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08306]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2015-0051, Sequence 1]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-81; Small Entity Compliance Guide

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

ACTION: Small Entity Compliance Guide.

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SUMMARY: This document is issued under the joint authority of DOD, GSA, 
and NASA. This Small Entity Compliance Guide has been prepared in 
accordance with section 212 of the Small Business Regulatory 
Enforcement Fairness Act of 1996. It consists of a

[[Page 19509]]

summary of the rule appearing in Federal Acquisition Circular (FAC) 
2005-81, which amends the Federal Acquisition Regulation (FAR). An 
asterisk (*) next to a rule indicates that a regulatory flexibility 
analysis has been prepared. Interested parties may obtain further 
information regarding this rule by referring to FAC 2005-81, which 
precedes this document. These documents are also available via the 
Internet at http://www.regulations.gov.

DATES: April 10, 2015.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-81 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.

Rule Listed in FAC 2005-81

------------------------------------------------------------------------
                Subject                     FARCase          Analyst
------------------------------------------------------------------------
*Further Amendments to Equal                  2015-013             Loeb
 Employment Opportunity (Interim).....
------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Summary for the FAR rule follows. For the 
actual revisions and/or amendments made by this FAR case, refer to the 
specific item number and subject set forth in the document following 
this item summary. FAC 2005-81 amends the FAR as specified below:

I--Further Amendments to Equal Employment Opportunity (FAR Case 2015-
013)

    DoD, GSA, and NASA are issuing an interim rule amending the Federal 
Acquisition Regulation (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''. E.O. 13672 was signed July 21, 
2014. This interim rule is also implementing a final rule issued by the 
Office of Federal Contract Compliance Programs of the Department of 
Labor, 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.
    Executive Order 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 adds sexual orientation and gender identity to the 
prohibited bases of discrimination established by Executive Order 
11246. There is no significant impact on small entities imposed by the 
FAR rule.

    Dated: April 7, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2015-08306 Filed 4-8-15; 11:15 am]
 BILLING CODE 6820-EP-P

19508 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations is found at www.dol.gov/ofccp/LGBT/LGBT_ Affirmative Action Compliance the denial is attributable to the race, color, FAQs.html. Requirements for Construction (Apr religion, sex, sexual orientation, gender 2015) identity, or national origin of the employee * * * * * or potential employee. ■ 9. Amend section 52.222–26 by— (a) Definitions. As used in this clause— (End of clause) ■ a. Revising the date of the clause; Covered area means the geographical area ■ b. Revising paragraph (a); described in the solicitation for this contract. ■ 12. Amend section 52.244–6 by— ■ c. Revising the first sentence of Deputy Assistant Secretary means the ■ a. Revising the date of the clause; paragraphs (c)(1) and (c)(2); and Deputy Assistant Secretary for the Office of ■ b. Redesignating paragraphs (c)(1)(iv) Federal Contract Compliance Programs, U.S. through (xii) as paragraphs (c)(1)(v) ■ d. Revising paragraph (c)(4) to read as Department of Labor, or a designee. through (xiii), respectively; follows: Employer identification number means the ■ c. Adding a new paragraph (c)(1)(iv); 52.222–26 Equal Opportunity. Federal Social Security number used on the ■ d. Revising newly designated employer’s quarterly Federal tax return, U.S. * * * * * Treasury Department Form 941. paragraph (c)(1)(v); Gender identity has the meaning given by ■ e. Further redesignating newly Equal Opportunity (Apr 2015) designated paragraphs (c)(1)(xi) through the Department of Labor’s Office of Federal (a) Definitions. As used in this clause— Contract Compliance Programs, and is found (xiii) as paragraphs (c)(1)(xii) through Gender identity has the meaning given by at www.dol.gov/ofccp/LGBT/LGBT_ (xiv); and the Department of Labor’s Office of Federal FAQs.html. ■ f. Adding a new paragraph (c)(1)(xi) to Contract Compliance Programs, and is found Minority means— * * * read as follows: at www.dol.gov/ofccp/LGBT/LGBT_ Sexual orientation has the meaning given FAQs.html. by the Department of Labor’s Office of 52.244–6 Subcontracts for Commercial Sexual orientation has the meaning given Federal Contract Compliance Programs, and Items. by the Department of Labor’s Office of is found at www.dol.gov/ofccp/LGBT/LGBT_ * * * * * Federal Contract Compliance Programs, and FAQs.html. is found at www.dol.gov/ofccp/LGBT/LGBT_ * * * * * Subcontracts for Commercial Items FAQs.html. (j) The Contractor shall not use goals or (Apr 2015) United States means the 50 States, the affirmative action standards to discriminate District of Columbia, Puerto Rico, the * * * * * against any person because of race, color, Northern Mariana Islands, American Samoa, religion, sex, sexual orientation, gender (c)(1) * * * Guam, the U.S. Virgin Islands, and Wake identity, or national origin. (iv) 52.222–21, Prohibition of Island. Segregated Facilities (Apr 2015). * * * * * (v) 52.222–26, Equal Opportunity * * * * * (c)(1) The Contractor shall not discriminate ■ 11. Revise section 52.222–29 to read (Apr 2015) (E.O. 11246). against any employee or applicant for as follows: * * * * * employment because of race, color, religion, (xi) 52.222–55, Establishing a 52.222–29 Notification of visa denial. sex, sexual orientation, gender identity, or Minimum Wage for Contractors (E.O. national origin. * * * As prescribed in 22.810(g), insert the following clause: 13658) (Dec 2014). (2) The Contractor shall take affirmative action to ensure that applicants are * * * * * Notification of Visa Denial (Apr 2015) [FR Doc. 2015–08309 Filed 4–8–15; 11:15 am] employed, and that employees are treated during employment, without regard to their (a) Definitions. As used in this clause— BILLING CODE 6820–EP–P race, color, religion, sex, sexual orientation, Gender identity has the meaning given by gender identity, or national origin. * * * the Department of Labor’s Office of Federal * * * * * Contract Compliance Programs, and is found DEPARTMENT OF DEFENSE (4) The Contractor shall, in all solicitations at www.dol.gov/ofccp/LGBT/LGBT_ or advertisements for employees placed by or FAQs.html. GENERAL SERVICES on behalf of the Contractor, state that all Sexual orientation has the meaning given ADMINISTRATION qualified applicants will receive by the Department of Labor’s Office of consideration for employment without regard Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_ NATIONAL AERONAUTICS AND to race, color, religion, sex, sexual SPACE ADMINISTRATION orientation, gender identity, or national FAQs.html. origin. (b) Requirement to notify. (1) It is a violation of Executive Order 11246 for a 48 CFR Chapter 1 * * * * * Contractor to refuse to employ any applicant or not to assign any person hired in the [Docket No. FAR 2015–0051, Sequence 1] ■ 10. Amend section 52.222–27 by— ■ a. Revising the date of the clause; United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the Federal Acquisition Regulation; ■ b. Revising the introductory text of Federal Acquisition Circular 2005–81; U.S. Virgin Islands, or Wake Island, on the paragraph (a) and the definitions basis that the individual’s race, color, Small Entity Compliance Guide ‘‘Covered area’’, ‘‘Deputy Assistant religion, sex, sexual orientation, gender Secretary’’, ‘‘Employer identification identity, or national origin is not compatible AGENCY: Department of Defense (DoD), number’’, and the introductory text of with the policies of the country where or for General Services Administration (GSA), the definition ‘‘Minority’’; whom the work will be performed (41 CFR and National Aeronautics and Space ■ c. Adding to paragraph (a), in 60–1.10). Administration (NASA). alphabetical order, the definitions (2) The Contractor shall notify the U.S. ACTION: Small Entity Compliance Guide. Department of State, Assistant Secretary, mstockstill on DSK4VPTVN1PROD with RULES3 ‘‘Gender identity’’ and ‘‘Sexual Bureau of Political-Military Affairs (PM), orientation’’; and SUMMARY: This document is issued 2201 C Street NW., Room 6212, Washington, under the joint authority of DOD, GSA, ■ d. Revising paragraph (j) to read as DC 20520, and the U.S. Department of Labor, follows: Deputy Assistant Secretary for Federal and NASA. This Small Entity Contract Compliance, when it has knowledge Compliance Guide has been prepared in 52.222–27 Affirmative Action Compliance of any employee or potential employee being accordance with section 212 of the Requirements for Construction. denied an entry visa to a country where this Small Business Regulatory Enforcement * * * * * contract will be performed, and it believes Fairness Act of 1996. It consists of a VerDate Sep<11>2014 21:58 Apr 09, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\10APR3.SGM 10APR3

Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 19509 summary of the rule appearing in by referring to FAC 2005–81, which analyst whose name appears in the table Federal Acquisition Circular (FAC) precedes this document. These below. Please cite FAC 2005–81 and the 2005–81, which amends the Federal documents are also available via the FAR case number. For information Acquisition Regulation (FAR). An Internet at http://www.regulations.gov. pertaining to status or publication asterisk (*) next to a rule indicates that schedules, contact the Regulatory DATES: April 10, 2015. a regulatory flexibility analysis has been Secretariat at 202–501–4755. prepared. Interested parties may obtain FOR FURTHER INFORMATION CONTACT: For further information regarding this rule clarification of content, contact the Rule Listed in FAC 2005–81 Subject FARCase Analyst *Further Amendments to Equal Employment Opportunity (Interim) ....................................................................... 2015–013 Loeb SUPPLEMENTARY INFORMATION: Summary Government, and Executive Order Federal contractors and subcontractors. for the FAR rule follows. For the actual 11246, Equal Employment The bases of discrimination prohibited revisions and/or amendments made by Opportunity’’. E.O. 13672 was signed by E.O. 11246 are race, color, religion, this FAR case, refer to the specific item July 21, 2014. This interim rule is also sex, and national origin. E.O. 13672 number and subject set forth in the implementing a final rule issued by the adds sexual orientation and gender document following this item summary. Office of Federal Contract Compliance identity to the prohibited bases of FAC 2005–81 amends the FAR as Programs of the Department of Labor, discrimination established by Executive specified below: which was published in the Federal Order 11246. There is no significant Register at 79 FR 72985 on December 9, impact on small entities imposed by the I—Further Amendments to Equal 2014, Implementation of Executive FAR rule. Employment Opportunity (FAR Case Order 13672 Prohibiting Discrimination 2015–013) Dated: April 7, 2015. Based on Sexual Orientation and DoD, GSA, and NASA are issuing an Gender Identity by Contractors and William Clark, interim rule amending the Federal Subcontractors. Director, Office of Government-wide Acquisition Regulation (FAR) to Executive Order 11246, dated Acquisition Policy, Office of Acquisition implement Executive Order (E.O.) September 24, 1965, established Policy, Office of Governmentwide Policy. 13672, entitled ‘‘Further Amendments requirements for non-discriminatory [FR Doc. 2015–08306 Filed 4–8–15; 11:15 am] to Executive Order 11478, Equal practices in hiring and employment for BILLING CODE 6820–EP–P Employment Opportunity in the Federal mstockstill on DSK4VPTVN1PROD with RULES3 VerDate Sep<11>2014 21:58 Apr 09, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4701 Sfmt 9990 E:\FR\FM\10APR3.SGM 10APR3


Document Created: 2018-02-21 10:08:16
Document Modified: 2018-02-21 10:08:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionSmall Entity Compliance Guide.
DatesApril 10, 2015.
ContactFor clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-81 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202- 501-4755.
FR Citation80 FR 19508 
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