81 FR 58652 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-90; Small Entity Compliance Guide
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 | 58652-58652 | |
| FR Document | 2016-19677 |
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)] [Rules and Regulations] [Page 58652] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19677] [[Page 58652]] ----------------------------------------------------------------------- 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; 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. ----------------------------------------------------------------------- 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 summary of the rule appearing in Federal Acquisition Circular (FAC) 2005-90, 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 2005-90, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. DATES: August 25, 2016. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-90 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 2005-90 ------------------------------------------------------------------------ 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. [FR Doc. 2016-19677 Filed 8-24-16; 8:45 am] BILLING CODE 6820-EP-P
![58652 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations
DEPARTMENT OF DEFENSE RULE LISTED IN FAC 2005–90 The E.O. requires that prospective and
existing contractors on covered
GENERAL SERVICES FAR contracts disclose decisions regarding
Subject Analyst
ADMINISTRATION Case violations of certain labor laws, and that
contracting officers, in consultation
NATIONAL AERONAUTICS AND *Fair Pay and Safe with agency labor compliance advisors
SPACE ADMINISTRATION Workplaces ........... 2014–025 Delgado
(ALCAs), a new position created by the
E.O., consider the decisions, (including
48 CFR Chapter 1 SUPPLEMENTARY INFORMATION: Summary any mitigating factors and remedial
[Docket No. FAR 2015–0051, Sequence No. for the FAR rule follows. For the actual measures), as part of the contracting
4] revisions and/or amendments made by officer’s decision to award or extend a
this FAR case, refer to the specific item contract. In addition, the E.O. creates
Federal Acquisition Regulation; number and subject set forth in the new paycheck transparency protections,
Federal Acquisition Circular 2005–90; document following this item summary. among other things, to ensure that
Small Entity Compliance Guide FAC 2005–90 amends the FAR as workers on covered contracts are given
specified below: the necessary information each pay
AGENCY: Department of Defense (DoD),
period to verify the accuracy of what
General Services Administration (GSA), Fair Pay and Safe Workplaces (FAR they are paid. Finally, the E.O. limits
and National Aeronautics and Space Case 2014–025) the use of predispute arbitration clauses
Administration (NASA).
DoD, GSA, and NASA are issuing a in employment agreements on covered
ACTION: Small Entity Compliance Guide. Federal contracts. Phase-ins: (1) From
final rule amending the FAR to
SUMMARY: This document is issued October 25, 2016 through April 24,
implement Executive Order (E.O.)
under the joint authority of DOD, GSA, 2017, the prime contractor disclosure
13673, Fair Pay and Safe Workplaces,
and NASA. This Small Entity requirements will apply to solicitations
amended by E.O. 13683, to correct a
Compliance Guide has been prepared in with an estimated value of $50 million
statutory citation, and further amended
accordance with section 212 of the or more, and resultant contracts; after
by an E.O. signed today to modify the
Small Business Regulatory Enforcement April 24, 2017, the requirements apply
handling of subcontractor disclosures
Fairness Act of 1996. It consists of a to solicitations estimated to exceed
and clarify the requirements for public
summary of the rule appearing in $500,000, and resultant contracts. (2)
disclosure of documents. E.O. 13673 is
Federal Acquisition Circular (FAC) The requirements apply to
designed to improve contractor
2005–90, which amends the Federal subcontractors starting October 25,
compliance with labor laws and
Acquisition Regulation (FAR). An 2017. (3) The decision disclosure period
increase efficiency and cost savings in
asterisk (*) next to a rule indicates that covers labor law decisions rendered
Federal contracting. As E.O. 13673
a regulatory flexibility analysis has been against the offeror during the period
explains, ensuring compliance with
prepared. Interested parties may obtain beginning on October 25, 2015 to the
labor laws drives economy and
further information regarding this rule date of the offer, or for three years
efficiency by promoting ‘‘safe, healthy,
by referring to FAC 2005–90, which preceding the offer, whichever period is
fair, and effective workplaces.
precedes this document. These shorter. (4) The paycheck transparency
Contractors that consistently adhere to
documents are also available via the clause applies to solicitations starting
labor laws are more likely to have
Internet at http://www.regulations.gov. January 1, 2017. There is significant
workplace practices that enhance
DATES: August 25, 2016.
impact on small entities imposed by the
productivity and increase the likelihood
FAR rule.
FOR FURTHER INFORMATION CONTACT: For of timely, predictable, and satisfactory
clarification of content, contact the delivery of goods and services to the Dated: August 10, 2016.
analyst whose name appears in the table Federal Government.’’ The E.O. was William F. Clark,
below. Please cite FAC 2005–90 and the signed July 31, 2014. The Department of Director, Office of Government-wide
FAR case number. For information Labor is simultaneously issuing final Acquisition Policy, Office of Acquisition
pertaining to status or publication Guidance to assist Federal agencies in Policy, Office of Governmentwide Policy.
schedules, contact the Regulatory implementation of the E.O. in [FR Doc. 2016–19677 Filed 8–24–16; 8:45 am]
Secretariat at 202–501–4755. conjunction with the FAR final rule. BILLING CODE 6820–EP–P
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Document Created: 2016-08-25 00:35:02
Document Modified: 2016-08-25 00:35:02
| 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 | Small Entity Compliance Guide. | |
| Dates | August 25, 2016. | |
| Contact | For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-90 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202- 501-4755. | |
| FR Citation | 81 FR 58652 |
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