80 FR 26423 - Federal Acquisition Regulation: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 88 (May 7, 2015)

Page Range		26423-26424
FR Document		2015-11028

DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement final rules issued by the Office of Federal Contract Compliance Programs at the Department of Labor (DOL) relating to equal opportunity and affirmative action for veterans and individuals with disabilities.

Federal Register, Volume 80 Issue 88 (Thursday, May 7, 2015)

[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Rules and Regulations]
[Pages 26423-26424]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11028]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 22, and 52

[FAC 2005-82; FAR Case 2014-013; Item I; Docket 2014-0013, Sequence 1]
RIN 9000-AM76


Federal Acquisition Regulation: Equal Employment and Affirmative 
Action for Veterans and Individuals With Disabilities

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

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA have adopted as final, without change, an 
interim rule amending the Federal Acquisition Regulation (FAR) to 
implement final rules issued by the Office of Federal Contract 
Compliance Programs at the Department of Labor (DOL) relating to equal 
opportunity and affirmative action for veterans and individuals with 
disabilities.

DATES: Effective: May 7, 2015.

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 2005-82, FAR Case 2014-
013.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 79 FR 43575 on July 25, 2014, to implement two DOL final 
rules that were published in the Federal Register on September 24, 
2013, at 78 FR 58614 and at 78 FR 58682 as follows:
     ``Affirmative Action and Nondiscrimination Obligations of 
Contractors and Subcontractors Regarding Special Disabled Veterans, 
Veterans of the Vietnam Era, Disabled Veterans, Recently Separated 
Veterans, Active Duty Wartime or Campaign Badge Veterans, and Armed 
Forces Service Medal Veterans,'' which amended DOL regulations at 41 
CFR parts 60-250 and 60-300 (78 FR 58614).
     ``Affirmative Action and Nondiscrimination Obligations of 
Contractors and Subcontractors Regarding Individuals with 
Disabilities,'' which amended DOL regulations at 41 CFR part 60-741 (78 
FR 58682).

II. Discussion and Analysis

    No public comments were submitted, and no changes have been made to 
the interim rule.

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.
    Both rules issued by the DOL were determined to be economically 
significant under E.O. 12866, and major rules under 5 U.S.C. 804. The 
Regulatory Impact Analysis for these rules was published in the Federal 
Register on September 24, 2013 at 78 FR 59643 and at 78 FR 58714. The 
FAR rule adds no new information collections, recordkeeping, or other 
compliance burdens. The FAR rule cites to the DOL Office of Management 
and Budget (OMB) Control numbers 1250-0004 and 1250-0005 for OMB 
approval under the Paperwork Reduction Act for any information 
collection requirements associated with revised FAR 52.222-35 (Equal 
Opportunity for Veterans) and 52.222-36 (Equal Opportunity for Workers 
with Disabilities). The FAR clauses, to be incorporated in 
solicitations and contracts in full text, include the required summary 
statement (paragraph (b) and (a) of each of the FAR clauses, 
respectively) and then reference to the DOL clauses. There is no 
economic impact arising from the FAR rule, since the FAR rule only 
informs the contractors of the requirements of the DOL rules. Further, 
each DOL rule states that ``By operation of the Act, the equal 
opportunity clause shall be considered to be a part of every contract 
and subcontract required by the Act and the regulations in this part to 
include such a clause, whether or not it is physically incorporated in 
such contract. . .'' (41 CFR 60-300.5(e) and 60-741.5(e)). The FAR is 
not imposing requirements; it is incorporating the requirements into 
contracts to inform contractors.

IV. 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. 604, et seq. The FRFA is summarized as follows:

    This final rule is being issued to implement changes to 41 CFR 
60-25, 60-300, and 60-741, as published in the Federal Register on 
September 24, 2013 (78 FR 58614 and 58682), by the Office of Federal 
Contract Compliance Programs of the Department of Labor (DOL). The 
DOL rules revise the current regulations implementing 38 U.S.C. 4211 
and 4212, and the nondiscrimination and affirmative action 
regulations of section 503 of the Rehabilitation Act of 1973, as 
amended. The DOL rules add requirements on mandatory job listings, 
data collection, and establishing hiring benchmarks.
    There were no public comments submitted in response to the 
initial regulatory flexibility analysis.
    With regard to equal opportunity for veterans, DOL estimated 
that the approximate number of small entities that would be subject 
to its rule would be 20,490 Federal contractors with between 50 and 
500 employees (approximately 44% of Federal contractors may be 
impacted).

[[Page 26424]]

    With regard to equal opportunity for individuals with 
disabilities, DOL estimated that its rule impacts 20,490 Federal 
contractors with between 50 and 500 employees (approximately 44% of 
Federal contractors may be impacted).
    This FAR rule does not add any new reporting, recordkeeping, or 
other compliance burdens. The FAR rule makes contracting officers 
and contractors aware of the DOL requirements.
    DoD, GSA, and NASA are not aware of any significant alternatives 
which would accomplish the stated objectives of implementing the DOL 
final rules, while minimizing impact on small entities. DoD, GSA, 
and NASA do not have the flexibility of changing the DOL rules, 
which have been published for public comment and are in effect as 
final rules. There is no significant impact on small entities 
imposed by the FAR rule.

    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy 
of the FRFA to the Chief Counsel for Advocacy of the Small Business 
Administration.

V. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; 
however, these changes to the FAR do not impose additional information 
collection requirements to the paperwork burden previously approved for 
the DOL regulations under OMB Control Numbers 1250-0004, OFCCP 
Recordkeeping and Reporting Requirements--38 U.S.C. 4212, Vietnam Era 
Veterans' Readjustment Assistance Act of 1974, as amended; 1250-0005, 
OFCCP Recordkeeping and Reporting Requirements--Section 503 of the 
Rehabilitation Act of 1973, as amended, 29 U.S.C. 703; and 1293-0005, 
Federal Contractor Veterans' Employment Report, VETS-100/VETS-100A.

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

    Government procurement.

    Dated: April 30, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR parts 1, 22, and 52, 
which was published in the Federal Register at 79 FR 43575 on July 25, 
2014, is adopted as a final rule without change.

[FR Doc. 2015-11028 Filed 5-6-15; 8:45 am]
 BILLING CODE 6820-EP-P

26424 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations

With regard to equal opportunity for DEPARTMENT OF DEFENSE best interest of the Government; and (3)
individuals with disabilities, DOL estimated document the basis for such
that its rule impacts 20,490 Federal GENERAL SERVICES determination. These statutory
contractors with between 50 and 500 ADMINISTRATION requirements are being implemented in
employees (approximately 44% of Federal FAR 15.404–1(h). For consistency, this
contractors may be impacted). NATIONAL AERONAUTICS AND rule is applicable to all of the agencies
This FAR rule does not add any new
SPACE ADMINISTRATION subject to the FAR, even though section
reporting, recordkeeping, or other
compliance burdens. The FAR rule makes 802 only applied to the Department of
contracting officers and contractors aware of 48 CFR Part 15 Defense, the Department of State, and
the DOL requirements. [FAC 2005–82; FAR Case 2013–012; Item the United States Agency for
DoD, GSA, and NASA are not aware of any II; Docket No. 2013–0012; Sequence No. 1] International Development. Contract
significant alternatives which would actions under section 46 of the Small
accomplish the stated objectives of RIN 9000–AM57 Business Act (15 U.S.C. 657s) are
implementing the DOL final rules, while exempt from the requirements under
minimizing impact on small entities. DoD, Federal Acquisition Regulation;
section 802 of the NDAA for FY 2013.
GSA, and NASA do not have the flexibility Review and Justification of Pass-
Two respondents submitted
of changing the DOL rules, which have been Through Contracts
comments on the proposed rule.
published for public comment and are in
effect as final rules. There is no significant
AGENCY: Department of Defense (DoD), II. Discussion and Analysis
impact on small entities imposed by the FAR General Services Administration (GSA),
and National Aeronautics and Space The Civilian Agency Acquisition
rule.
Administration (NASA). Council and the Defense Acquisition
Interested parties may obtain a copy ACTION: Final rule.
Regulations Council (the Councils)
of the FRFA from the Regulatory reviewed the comments in the
Secretariat. The Regulatory Secretariat SUMMARY: DoD, GSA, and NASA are development of the final rule. A
has submitted a copy of the FRFA to the issuing a final rule amending the discussion of the comments and the
Chief Counsel for Advocacy of the Small Federal Acquisition Regulation (FAR) to changes made to the rule as a result of
Business Administration. implement section 802 of the National those comments are provided as
Defense Authorization Act (NDAA) for follows:
V. Paperwork Reduction Act
Fiscal Year (FY) 2013. This section A. Summary of Significant Changes
The Paperwork Reduction Act (44 provides additional requirements
U.S.C. chapter 35) does apply; however, relative to the review and justification of This final rule makes two changes
these changes to the FAR do not impose pass-through contracts. from the proposed rule. The first change
additional information collection DATES: Effective: June 8, 2015. revises FAR 15.404–1(h)(2) to make
requirements to the paperwork burden clear that competition requirements still
FOR FURTHER INFORMATION CONTACT: Ms.
previously approved for the DOL apply if the contracting officer selects
Kathy J. Hopkins, Procurement Analyst,
regulations under OMB Control alternative approaches. The second
at 202–969–7226 for clarification of
Numbers 1250–0004, OFCCP change revises FAR 15.404–1(h)(3) to
content. For information pertaining to
Recordkeeping and Reporting clarify that the requirements of this rule
status or publication schedules, contact
Requirements—38 U.S.C. 4212, Vietnam do not apply to small business set-aside
the Regulatory Secretariat Division at
Era Veterans’ Readjustment Assistance contracts.
202–501–4755. Please cite FAC 2005–
Act of 1974, as amended; 1250–0005, 82, FAR Case 2013–012. B. Analysis of Public Comments
OFCCP Recordkeeping and Reporting SUPPLEMENTARY INFORMATION: The Regulatory Secretariat Division
Requirements—Section 503 of the
I. Background received responses from two
Rehabilitation Act of 1973, as amended,
respondents to the proposed rule which
29 U.S.C. 703; and 1293–0005, Federal DoD, GSA, and NASA published a are discussed below:
Contractor Veterans’ Employment proposed rule in the Federal Register at
Report, VETS–100/VETS–100A. 79 FR 39361 on July 10, 2014 to 1. Application of Rule to FAR Part 36
List of Subjects in 48 CFR Parts 1, 22, implement section 802 of the NDAA for Comment: One respondent requested
and 52 FY 2013 (Pub. L. 112–239) which that the final rule ensure that this new
provided for additional requirements requirement take into consideration the
Government procurement. relative to the review and justification of requirements found in FAR 36.501,
Dated: April 30, 2015.
pass-through contracts. Specifically, in which addresses performance of work
those instances where an offeror for a by prime construction contractors.
William Clark,
contract, task order, or delivery order Response: The statute does not
Director, Office of Government-wide informs the agency pursuant to FAR
Acquisition Policy, Office of Acquisition
exempt the contracting officer from
Policy, Office of Government-wide Policy.
52.215–22 of its intention to award making a written determination that the
subcontracts for more than 70 percent of contracting approach selected is in the
Interim Rule Adopted as Final Without the total cost of work to be performed best interest of the Government under
Change under the contract, task order, or FAR part 36 acquisitions. The
delivery order, section 802 requires the contracting officer shall take into
Accordingly, the interim rule contracting officer to (1) consider the consideration industry practices in
mstockstill on DSK4VPTVN1PROD with RULES2

amending 48 CFR parts 1, 22, and 52, availability of alternative contract making this determination.
which was published in the Federal vehicles and the feasibility of
Register at 79 FR 43575 on July 25, contracting directly with a 2. Conflict With FAR 52.219–14
2014, is adopted as a final rule without subcontractor or subcontractors that will Comment: One respondent stated that
change. perform the bulk of the work; (2) make FAR clause 52.219–14, Limitations on
[FR Doc. 2015–11028 Filed 5–6–15; 8:45 am] a written determination that the Subcontracting, could also conflict with
BILLING CODE 6820–EP–P contracting approach selected is in the the new requirements of this rule.

VerDate Sep<11>2014 19:21 May 06, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\07MYR2.SGM 07MYR2

Document Created: 2015-12-16 07:50:10
Document Modified: 2015-12-16 07:50:10

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		Final rule.
Dates		Effective: May 7, 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 2005-82, FAR Case 2014- 013.
FR Citation		80 FR 26423
RIN Number		9000-AM76
CFR Citation		48 CFR 1 48 CFR 22 48 CFR 52

80 FR 26423 - Federal Acquisition Regulation: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 88 (May 7, 2015)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION