81 FR 58561 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-90; Introduction
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 165 (August 25, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 165 (August 25, 2016)
| Page Range | 58561-58562 | |
| FR Document | 2016-19675 |
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)] [Rules and Regulations] [Pages 58561-58562] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19675] [[Page 58561]] Vol. 81 Thursday, No. 165 August 25, 2016 Part II Department of Defense General Services Administration National Aeronautics and Space Administration ----------------------------------------------------------------------- 48 CFR Chapter 1 and Parts 1, 4, 9, et al. Federal Acquisition Regulations; Federal Acquisition Circular 2005-90; Introduction, Fair Pay and Safe Workplaces, and Federal Acquisition Circular 2005-90; Small Entity Compliance Guide; Final Rules Federal Register / Vol. 81 , No. 165 / Thursday, August 25, 2016 / Rules and Regulations [[Page 58562]] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket No. FAR 2015-0051, Sequence No. 4] Federal Acquisition Regulation; Federal Acquisition Circular 2005-90; Introduction AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Summary presentation of a final rule. ----------------------------------------------------------------------- SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-90. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://www.regulations.gov. DATES: For effective dates see separate documents, which follow. FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the table below in relation to the FAR case. Please cite FAC 2005-90 and the specific FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501- 4755. Rule Listed in FAC 2005-90 ------------------------------------------------------------------------ Subject FAR case Analyst ------------------------------------------------------------------------ Fair Pay and Safe Workplaces......... 2014-025 Delgado. ------------------------------------------------------------------------ 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 2005-90 amends the FAR as specified below: Fair Pay and Safe Workplaces (FAR Case 2014-025) DoD, GSA, and NASA are issuing a final rule amending the FAR to implement Executive Order (E.O.) 13673, Fair Pay and Safe Workplaces, amended by E.O. 13683, to correct a statutory citation, and further amended by an E.O. signed today to modify the handling of subcontractor disclosures and clarify the requirements for public disclosure of documents. E.O. 13673 is designed to improve contractor compliance with labor laws and increase efficiency and cost savings in Federal contracting. As E.O. 13673 explains, ensuring compliance with labor laws drives economy and efficiency by promoting ``safe, healthy, fair, and effective workplaces. Contractors that consistently adhere to labor laws are more likely to have workplace practices that enhance productivity and increase the likelihood of timely, predictable, and satisfactory delivery of goods and services to the Federal Government.'' The E.O. was signed July 31, 2014. The Department of Labor is simultaneously issuing final Guidance to assist Federal agencies in implementation of the E.O. in conjunction with the FAR final rule. The E.O. requires that prospective and existing contractors on covered contracts disclose decisions regarding violations of certain labor laws, and that contracting officers, in consultation with agency labor compliance advisors (ALCAs), a new position created by the E.O., consider the decisions, (including any mitigating factors and remedial measures), as part of the contracting officer's decision to award or extend a contract. In addition, the E.O. creates new paycheck transparency protections, among other things, to ensure that workers on covered contracts are given the necessary information each pay period to verify the accuracy of what they are paid. Finally, the E.O. limits the use of predispute arbitration clauses in employment agreements on covered Federal contracts. Phase-ins: (1) From October 25, 2016 through April 24, 2017, the prime contractor disclosure requirements will apply to solicitations with an estimated value of $50 million or more, and resultant contracts; after April 24, 2017, the requirements apply to solicitations estimated to exceed $500,000, and resultant contracts. (2) The requirements apply to subcontractors starting October 25, 2017. (3) The decision disclosure period covers labor law decisions rendered against the offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the offer, whichever period is shorter. (4) The paycheck transparency clause applies to solicitations starting January 1, 2017. There is significant impact on small entities imposed by the FAR rule. Dated: August 10, 2016. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. Federal Acquisition Circular (FAC) 2005-90 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005-90 is effective August 25, 2016 except for FAR Case 2014-025, which is effective October 25, 2016. Dated: August 11, 2016. Claire M. Grady, Director, Defense Procurement and Acquisition Policy Dated: August 12, 2016. Jeffrey A. Koses, Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, U.S. General Services Administration. Dated: August 10, 2016. William G. Roets, Acting Assistant Administrator, Office of Procurement, National Aeronautics and Space Administration. [FR Doc. 2016-19675 Filed 8-24-16; 8:45 am] BILLING CODE 6820-EP-P
![58562 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations
DEPARTMENT OF DEFENSE statutory citation, and further amended Dated: August 10, 2016.
by an E.O. signed today to modify the William F. Clark,
GENERAL SERVICES handling of subcontractor disclosures Director, Office of Government-wide
ADMINISTRATION and clarify the requirements for public Acquisition Policy, Office of Acquisition
disclosure of documents. E.O. 13673 is Policy, Office of Governmentwide Policy.
NATIONAL AERONAUTICS AND designed to improve contractor Federal Acquisition Circular (FAC)
SPACE ADMINISTRATION compliance with labor laws and 2005–90 is issued under the authority of
increase efficiency and cost savings in the Secretary of Defense, the
48 CFR Chapter 1 Federal contracting. As E.O. 13673 Administrator of General Services, and
[Docket No. FAR 2015–0051, Sequence No. explains, ensuring compliance with the Administrator for the National
4] labor laws drives economy and Aeronautics and Space Administration.
efficiency by promoting ‘‘safe, healthy, Unless otherwise specified, all
Federal Acquisition Regulation; fair, and effective workplaces. Federal Acquisition Regulation (FAR)
Federal Acquisition Circular 2005–90; Contractors that consistently adhere to and other directive material contained
Introduction labor laws are more likely to have in FAC 2005–90 is effective August 25,
AGENCY: Department of Defense (DoD), workplace practices that enhance 2016 except for FAR Case 2014–025,
General Services Administration (GSA), productivity and increase the likelihood which is effective October 25, 2016.
and National Aeronautics and Space of timely, predictable, and satisfactory Dated: August 11, 2016.
Administration (NASA). delivery of goods and services to the Claire M. Grady,
ACTION: Summary presentation of a final Federal Government.’’ The E.O. was Director, Defense Procurement and
rule. signed July 31, 2014. The Department of Acquisition Policy
Labor is simultaneously issuing final Dated: August 12, 2016.
SUMMARY: This document summarizes Guidance to assist Federal agencies in Jeffrey A. Koses,
the Federal Acquisition Regulation implementation of the E.O. in Senior Procurement Executive/Deputy CAO,
(FAR) rule agreed to by the Civilian conjunction with the FAR final rule. Office of Acquisition Policy, U.S. General
Agency Acquisition Council and the Services Administration.
The E.O. requires that prospective and
Defense Acquisition Regulations Dated: August 10, 2016.
existing contractors on covered
Council (Councils) in this Federal William G. Roets,
contracts disclose decisions regarding
Acquisition Circular (FAC) 2005–90. A Acting Assistant Administrator, Office of
violations of certain labor laws, and that
companion document, the Small Entity Procurement, National Aeronautics and
contracting officers, in consultation Space Administration.
Compliance Guide (SECG), follows this
with agency labor compliance advisors
FAC. The FAC, including the SECG, is [FR Doc. 2016–19675 Filed 8–24–16; 8:45 am]
(ALCAs), a new position created by the
available via the Internet at http:// BILLING CODE 6820–EP–P
www.regulations.gov. E.O., consider the decisions, (including
any mitigating factors and remedial
DATES: For effective dates see separate measures), as part of the contracting
documents, which follow. DEPARTMENT OF DEFENSE
officer’s decision to award or extend a
FOR FURTHER INFORMATION CONTACT: The contract. In addition, the E.O. creates GENERAL SERVICES
analyst whose name appears in the table new paycheck transparency protections, ADMINISTRATION
below in relation to the FAR case. among other things, to ensure that
Please cite FAC 2005–90 and the workers on covered contracts are given NATIONAL AERONAUTICS AND
specific FAR case number. For the necessary information each pay SPACE ADMINISTRATION
information pertaining to status or period to verify the accuracy of what
publication schedules, contact the they are paid. Finally, the E.O. limits 48 CFR Parts 1, 4, 9, 17, 22, 42, and 52
Regulatory Secretariat at 202–501–4755. the use of predispute arbitration clauses
[FAC 2005–90; FAR Case 2014–025; Docket
in employment agreements on covered
RULE LISTED IN FAC 2005–90 No. 2014–0025, Sequence No. 1]
Federal contracts. Phase-ins: (1) From
October 25, 2016 through April 24, RIN 9000–AM81
Subject FAR case Analyst 2017, the prime contractor disclosure
requirements will apply to solicitations Federal Acquisition Regulation; Fair
Fair Pay and Safe 2014–025 Delgado. Pay and Safe Workplaces
Workplaces. with an estimated value of $50 million
or more, and resultant contracts; after AGENCY: Department of Defense (DoD),
SUPPLEMENTARY INFORMATION: Summary April 24, 2017, the requirements apply General Services Administration (GSA),
for the FAR rule follows. For the actual to solicitations estimated to exceed and National Aeronautics and Space
revisions and/or amendments made by $500,000, and resultant contracts. (2) Administration (NASA).
this FAR case, refer to the specific item The requirements apply to ACTION: Final rule.
number and subject set forth in the subcontractors starting October 25,
document following this item summary. 2017. (3) The decision disclosure period SUMMARY: DoD, GSA, and NASA are
FAC 2005–90 amends the FAR as covers labor law decisions rendered issuing a final rule amending the
specified below: against the offeror during the period Federal Acquisition Regulation (FAR) to
beginning on October 25, 2015 to the implement Executive Order 13673, Fair
mstockstill on DSK3G9T082PROD with RULES2
Fair Pay and Safe Workplaces (FAR date of the offer, or for three years Pay and Safe Workplaces, which is
Case 2014–025) preceding the offer, whichever period is designed to increase efficiency and cost
DoD, GSA, and NASA are issuing a shorter. (4) The paycheck transparency savings in Federal contracting by
final rule amending the FAR to clause applies to solicitations starting improving contractor compliance with
implement Executive Order (E.O.) January 1, 2017. There is significant labor laws. The Department of Labor is
13673, Fair Pay and Safe Workplaces, impact on small entities imposed by the simultaneously issuing final Guidance
amended by E.O. 13683, to correct a FAR rule. to assist Federal agencies in
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Document Created: 2016-08-25 00:34:43
Document Modified: 2016-08-25 00:34:43
| 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 | Summary presentation of a final rule. | |
| Dates | For effective dates see separate documents, which follow. | |
| Contact | The analyst whose name appears in the table below in relation to the FAR case. Please cite FAC 2005-90 and the specific FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501- 4755. | |
| FR Citation | 81 FR 58561 |
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