80 FR 75907 - 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 233 (December 4, 2015)

Page Range		75907-75908
FR Document		2015-30457

DoD, GSA, and NASA have adopted as final, without change, 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,'' and a final rule issued by the Department of Labor (DOL).

Federal Register, Volume 80 Issue 233 (Friday, December 4, 2015)

[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Rules and Regulations]
[Pages 75907-75908]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30457]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 22, and 52

[FAC 2005-85; FAR Case 2015-013; Item II; 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: 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 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,'' 
and a final rule issued by the Department of Labor (DOL).

DATES: Effective: December 4, 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 2005-85, FAR Case 2015-
013.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 80 FR 19504 on April 10, 2015, to implement E.O. 13672, 
entitled, ``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. One public comment was submitted 
on the interim rule.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the public comment in the 
development of the final rule. The respondent had pointed to an error 
in a clause number in the interim rule publication. The error in FAR 
52.213-4 was corrected in a Technical Amendment to Federal Acquisition 
Circular 2005-82 published in the Federal Register at 80 FR 26427 on 
May 7, 2015; therefore no further change to the interim rule is 
required.

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 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.

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 rule is necessary 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 DOL at 41 CFR part 60, which published in the Federal 
Register at 79 FR 72985 on December 09, 2014.
    The interim rule, published on April 10, 2015, provides for a 
uniform policy to

[[Page 75908]]

prohibit discrimination in Federal Government procurement by adding 
sexual orientation and gender identity to the prohibited bases of 
discrimination established by E.O. 11246.
    No public comments were submitted in response to the initial 
regulatory flexibility analysis. Therefore, there were no issues to 
assess and no changes were made to the interim rule.
    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.
    Recordkeeping and reporting requirements 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 to provide equal 
access to existing facilities. An analysis of estimated costs of the 
regulatory changes was prepared for the DOL final rule, which 
published in the Federal Register at 79 FR 72985 on December 09, 
2014.
    No significant alternatives to the rule were identified that 
would accomplish the stated objectives of the E.O. and the DOL 
implementing regulations. Every effort has been made to minimize the 
burdens imposed.

    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, the information collection authorization is under the DOL 
regulations and is assigned OMB Control Number 1250-0009, entitled, 
``Prohibiting Discrimination Based on Sexual Orientation and Gender 
Identity by Contractors and Subcontractors.'' This collection under 
1250-0009 will be incorporated into 1250-0001 and 1250-0003.

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

    Government procurement.

    Dated: November 20, 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 80 FR 19504 on April 10, 
2015, is adopted as final without change.

[FR Doc. 2015-30457 Filed 12-3-15; 8:45 am]
BILLING CODE 6820-EP-P

Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations 75907

Certification Regarding Tax Matters (Feb agency has considered suspension or I. Background
2016) debarment of the corporation and made a
determination that this action is not DoD, GSA, and NASA published an
(a) This provision implements section 523 interim rule in the Federal Register at
of Division B of the Consolidated and Further necessary to protect the interests of the
Continuing Appropriations Act, 2015 (Pub. L. Government. 80 FR 19504 on April 10, 2015, to
113–235), and similar provisions, if (2) The Offeror represents that— implement E.O. 13672, entitled,
contained in subsequent appropriations acts. (i) It is [ ] is not [ ] a corporation that has ‘‘Further Amendments to Executive
(b) If the Offeror is proposing a total any unpaid Federal tax liability that has been Order 11478, Equal Employment
contract price that will exceed $5,000,000 assessed, for which all judicial and Opportunity in the Federal Government,
(including options), the Offeror shall certify administrative remedies have been exhausted and Executive Order 11246, Equal
that, to the best of its knowledge and belief, or have lapsed, and that is not being paid in
Employment Opportunity,’’ and a final
it— a timely manner pursuant to an agreement
with the authority responsible for collecting rule issued by the Department of Labor
(1) Has [ ] filed all Federal tax returns
required during the three years preceding the the tax liability; and at 41 CFR part 60. One public comment
certification; (ii) It is [ ] is not [ ] a corporation that was was submitted on the interim rule.
(2) Has not [ ] been convicted of a criminal convicted of a felony criminal violation
II. Discussion and Analysis
offense under the Internal Revenue Code of under a Federal law within the preceding 24
1986; and months. The Civilian Agency Acquisition
(3) Has not [ ], more than 90 days prior to Council and the Defense Acquisition
certification, been notified of any unpaid (End of provision) Regulations Council (the Councils)
Federal tax assessment for which the liability [FR Doc. 2015–30456 Filed 12–3–15; 8:45 am] reviewed the public comment in the
remains unsatisfied, unless the assessment is BILLING CODE 6820–EP–P development of the final rule. The
the subject of an installment agreement or
respondent had pointed to an error in a
offer in compromise that has been approved
by the Internal Revenue Service and is not in clause number in the interim rule
DEPARTMENT OF DEFENSE publication. The error in FAR 52.213–4
default, or the assessment is the subject of a
non-frivolous administrative or judicial was corrected in a Technical
GENERAL SERVICES
proceeding. Amendment to Federal Acquisition
ADMINISTRATION
Circular 2005–82 published in the
(End of provision) Federal Register at 80 FR 26427 on May
■ 9. Amend section 52.212–3 by—
NATIONAL AERONAUTICS AND
7, 2015; therefore no further change to
■ a. Revising the date of the provision; SPACE ADMINISTRATION
the interim rule is required.
■ b. Removing from the introductory
text and the first undesignated 48 CFR Parts 1, 22, and 52 III. Executive Orders 12866 and 13563
paragraph in paragraph (b)(2) ‘‘through Executive Orders (E.O.s) 12866 and
p’’ and adding ‘‘though q’’ in their [FAC 2005–85; FAR Case 2015–013; Item
II; Docket No. 2015–0013, Sequence No. 1]
13563 direct agencies to assess all costs
places, respectively; and and benefits of available regulatory
■ c. Adding paragraph (q). alternatives and, if regulation is
RIN 9000–AN01
The revision and addition read as necessary, to select regulatory
follows: Federal Acquisition Regulation; approaches that maximize net benefits
52.212–3 Offeror Representations and Further Amendments to Equal (including potential economic,
Certifications—Commercial Items. Employment Opportunity environmental, public health and safety
* * * * * effects, distributive impacts, and
AGENCY: Department of Defense (DoD), equity). E.O. 13563 emphasizes the
Offeror Representations and Certifications— General Services Administration (GSA), importance of quantifying both costs
Commercial Items (Feb 2016) and National Aeronautics and Space and benefits, of reducing costs, of
* * * * * Administration (NASA). harmonizing rules, and of promoting
(q) Representation by Corporations ACTION: Final rule. flexibility. This is not a significant
Regarding Delinquent Tax Liability or a regulatory action and, therefore, was not
Felony Conviction under any Federal Law. (1) SUMMARY: DoD, GSA, and NASA have subject to review under Section 6(b) of
As required by sections 744 and 745 of adopted as final, without change, an
Division E of the Consolidated and Further E.O. 12866, Regulatory Planning and
interim rule amending the Federal Review, dated September 30, 1993. This
Continuing Appropriations Act, 2015 (Pub. L. Acquisition Regulation (FAR) to
113–235), and similar provisions, if rule is not a major rule under 5 U.S.C.
implement Executive Order (E.O.) 804.
contained in subsequent appropriations acts,
The Government will not enter into a
13672, entitled, ‘‘Further Amendments
contract with any corporation that— to Executive Order 11478, Equal IV. Regulatory Flexibility Act
(i) Has any unpaid Federal tax liability that Employment Opportunity in the Federal DoD, GSA, and NASA have prepared
has been assessed, for which all judicial and Government, and Executive Order a Final Regulatory Flexibility Analysis
administrative remedies have been exhausted 11246, Equal Employment (FRFA) consistent with the Regulatory
or have lapsed, and that is not being paid in Opportunity,’’ and a final rule issued by Flexibility Act, 5 U.S.C. 604, et seq. The
a timely manner pursuant to an agreement the Department of Labor (DOL).
with the authority responsible for collecting
FRFA is summarized as follows:
DATES: Effective: December 4, 2015.
the tax liability, where the awarding agency This rule is necessary to implement
is aware of the unpaid tax liability, unless an FOR FURTHER INFORMATION CONTACT: Mr. Executive Order (E.O.) 13672, ‘‘Further
agency has considered suspension or Edward Loeb, Procurement Analyst, at Amendments to Executive Order 11478,
debarment of the corporation and made a 202–501–0650 for clarification of Equal Employment Opportunity in the
wgreen on DSK2VPTVN1PROD with RULES2

determination that suspension or debarment content. For information pertaining to Federal Government, and Executive Order
is not necessary to protect the interests of the status or publication schedules, contact 11246, Equal Employment Opportunity,’’ and
Government; or the Regulatory Secretariat at 202–501– a final rule issued by the DOL at 41 CFR part
(ii) Was convicted of a felony criminal 60, which published in the Federal Register
violation under any Federal law within the
4755. Please cite FAC 2005–85, FAR at 79 FR 72985 on December 09, 2014.
preceding 24 months, where the awarding Case 2015–013. The interim rule, published on April 10,
agency is aware of the conviction, unless an SUPPLEMENTARY INFORMATION: 2015, provides for a uniform policy to

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75908 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations

prohibit discrimination in Federal Dated: November 20, 2015. 2015–036, by any of the following
Government procurement by adding sexual William Clark, methods:
orientation and gender identity to the Director, Office of Government-wide • Regulations.gov: http://
prohibited bases of discrimination Acquisition Policy, Office of Acquisition www.regulations.gov. Submit comments
established by E.O. 11246. Policy, Office of Government-wide Policy. via the Federal eRulemaking portal by
No public comments were submitted in
response to the initial regulatory flexibility Interim Rule Adopted as Final Without searching for ‘‘FAR Case 2015–036’’
analysis. Therefore, there were no issues to Change Select the link ‘‘Comment Now’’ that
assess and no changes were made to the corresponds with ‘‘FAR Case 2015–
interim rule. Accordingly, the interim rule 036’’. Follow the instructions provided
The rule will apply to all contracts and amending 48 CFR parts 1, 22, and 52, at the ‘‘Comment Now’’ screen. Please
subcontracts subject to the Equal which was published in the Federal include your name, company name (if
Opportunity FAR clause 52.222–26, which is Register at 80 FR 19504 on April 10, any), and ‘‘FAR Case 2015–036’’ on your
prescribed for all contracts over $10,000 that 2015, is adopted as final without attached document.
are not completely exempted. Using Fiscal change. • Mail: General Services
Year 2013 Federal Procurement Data System [FR Doc. 2015–30457 Filed 12–3–15; 8:45 am] Administration, Regulatory Secretariat
and Federal Subcontract Reporting System (MVCB), ATTN: Ms. Flowers, 1800 F
BILLING CODE 6820–EP–P
data it is estimated that awards were made
Street NW., 2nd floor, Washington, DC
to 168,758 unique small businesses and that
subcontracts were awarded to 61,816 unique
20405.
small businesses. It is noted that there is DEPARTMENT OF DEFENSE Instructions: Please submit comments
likely a good measure of overlap between the only and cite FAC 2005–85, FAR Case
unique small businesses that receive Federal
GENERAL SERVICES 2015–036, in all correspondence related
awards and those that receive subcontract ADMINISTRATION to this case. All comments received will
awards resulting in a likely overestimated be posted without change to http://
total of 230,574. NATIONAL AERONAUTICS AND www.regulations.gov, including any
Recordkeeping and reporting requirements SPACE ADMINISTRATION personal and/or business confidential
involve regulatory familiarization and information provided. To confirm
administrative costs associated with 48 CFR Parts 1, 22, and 52 receipt of your comment(s), please
incorporating revised language into policies, check www.regulations.gov,
instructions, notices to employees, and [FAC 2005–85; FAR Case 2015–036;
subcontracts. Other changes made by the Item III; Docket No. 2015–0036, Sequence approximately two to three days after
rule, such as the prohibition of segregation of No. 1] submission to verify posting (except
facilities are expected to have only minimal allow 30 days for posting of comments
RIN 9000–AN14
cost impacts as they do not require submitted by mail).
modification or construction of additional Federal Acquisition Regulation; FOR FURTHER INFORMATION CONTACT: Mr.
facilities, but rather to provide equal access Updating Federal Contractor Reporting Edward Loeb, Procurement Analyst, at
to existing facilities. An analysis of estimated 202–501–0650 for clarification of
of Veterans’ Employment
costs of the regulatory changes was prepared content. For information pertaining to
for the DOL final rule, which published in AGENCY: Department of Defense (DoD),
the Federal Register at 79 FR 72985 on
status or publication schedules, contact
General Services Administration (GSA), the Regulatory Secretariat at 202–501–
December 09, 2014.
and National Aeronautics and Space 4755. Please cite FAC 2005–85, FAR
No significant alternatives to the rule were
identified that would accomplish the stated
Administration (NASA). Case 2015–036.
objectives of the E.O. and the DOL ACTION: Interim rule. SUPPLEMENTARY INFORMATION:
implementing regulations. Every effort has
been made to minimize the burdens imposed. SUMMARY: DoD, GSA, and NASA are I. Background
issuing an interim rule amending the DoD, GSA, and NASA are issuing an
Interested parties may obtain a copy Federal Acquisition Regulation (FAR) to interim rule amending the FAR to
of the FRFA from the Regulatory implement a final rule issued by the implement a final rule issued by VETS
Secretariat. The Regulatory Secretariat Department of Labor’s (DOL) Veterans’ of the DOL that was published in the
has submitted a copy of the FRFA to the Employment and Training Service Federal Register at 79 FR 57463 on
Chief Counsel for Advocacy of the Small (VETS), which replaced the VETS–100 September 25, 2014, which rescinded
Business Administration. and VETS–100A Federal Contractor the regulations at 41 CFR part 61–250
Veterans’ Employment Report forms and revised the regulations at 41 CFR
V. Paperwork Reduction Act
with the new VETS–4212, Federal part 61–300, which implemented the
The Paperwork Reduction Act (44 Contractor Veterans’ Employment reporting requirements under the
U.S.C. chapter 35) does apply; however, Report form. Vietnam Era Veterans’ Readjustment
the information collection authorization DATES: Effective: February 26, 2016. Assistance Act, as amended (VEVRAA)
is under the DOL regulations and is Applicability: This rule applies to (1) and the Jobs for Veterans Act (JVA)
assigned OMB Control Number 1250– solicitations and contracts awarded on (Pub. L. 107–288). VEVRAA requires
0009, entitled, ‘‘Prohibiting or after the effective date; and (2) Federal contractors and subcontractors
Discrimination Based on Sexual modifications on or after the effective to annually report on the total number
Orientation and Gender Identity by date to existing contracts, if the of their employees who belong to the
Contractors and Subcontractors.’’ This contracts are otherwise being modified. categories of veterans protected under
collection under 1250–0009 will be Comment date: Interested parties
wgreen on DSK2VPTVN1PROD with RULES2

VEVRAA, as amended by the JVA, and
incorporated into 1250–0001 and 1250– should submit written comments to the the total number of those protected
0003. Regulatory Secretariat on or before veterans who were hired during the
February 2, 2016 to be considered in the period covered by the report. One of the
List of Subjects in 48 CFR Parts 1, 22,
formation of the final rule. main purposes of the DOL’s rule was to
and 52
ADDRESSES: Submit comments revise the reporting requirement
Government procurement. identified by FAC 2005–85, FAR Case applicable to Government and

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Document Created: 2015-12-14 13:52:51
Document Modified: 2015-12-14 13:52:51

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: December 4, 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 2005-85, FAR Case 2015- 013.
FR Citation		80 FR 75907
RIN Number		9000-AN01
CFR Citation		48 CFR 1 48 CFR 22 48 CFR 52

80 FR 75907 - Federal Acquisition Regulation; Further Amendments to Equal Employment Opportunity

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 233 (December 4, 2015)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION