81 FR 91626 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-93; Introduction
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 242 (December 16, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 242 (December 16, 2016)
| Page Range | 91626-91626 | |
| FR Document | 2016-30089 |
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)] [Rules and Regulations] [Page 91626] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30089] [[Page 91625]] Vol. 81 Friday, No. 242 December 16, 2016 Part IX Department of Defense General Services Administration National Aeronautics and Space Administration ----------------------------------------------------------------------- 48 CFR Chapter 1 Federal Acquisition Regulations; Interim and Final Rules Federal Register / Vol. 81 , No. 242 / Friday, December 16, 2016 / Rules and Regulations [[Page 91626]] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket No. FAR 2016-0051, Sequence No. 7] Federal Acquisition Regulation; Federal Acquisition Circular 2005-93; Introduction AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Summary presentation of interim and final rules. ----------------------------------------------------------------------- SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-93. 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 the 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 2005-93 and the specific FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Rules Listed in FAC 2005-93 ---------------------------------------------------------------------------------------------------------------- Item Subject FAR Case Analyst ---------------------------------------------------------------------------------------------------------------- I................................ Paid Sick Leave for Federal 2017-001 Delgado. Contractors (Interim). II............................... Fair Pay and Safe 2014-025 Delgado. Workplaces; Injunction. ---------------------------------------------------------------------------------------------------------------- SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these rules, refer to the specific item numbers and subjects set forth in the documents following these item summaries. FAC 2005-93 amends the FAR as follows: Item I--Paid Sick Leave for Federal Contractors (FAR Case 2017-001) (Interim) This interim rule amends the FAR to implement Executive Order (E.O.) 13706 and a Department of Labor final rule issued on September 30, 2016, both entitled ``Establishing Paid Sick Leave for Federal Contractors.'' The interim rule requires contractors to allow all employees performing work on or in connection with a contract covered by the E.O. to accrue and use paid sick leave in accordance with E.O. 13706 and 29 CFR part 13. Contracting officers will include a clause in covered contracts. Item II--Fair Pay and Safe Workplaces; Injunction (FAR Case 2014-025) This final rule amends the FAR to include caveats on sections of FAR Case 2015-024, Fair Pay and Safe Workplaces, that were enjoined indefinitely as of October 24, 2016, by court order. FAR Case 2015-024 was published as a final rule in the Federal Register at 81 FR 58562 to implement Executive Order (E.O.) 13673, as amended by E.O.s 13683 and 13737. The rule had an effective date of October 25, 2016. On October 7, 2016, the Associated Builders and Contractors of Southeast Texas, Inc., the Associated Builders and Contractors, Inc., and the National Association of Security Companies, filed a lawsuit in the United States District Court for the Eastern District of Texas, seeking to overturn the final rule, Civil Action No. 1:16-CV-425. The District Court issued a ``Memorandum and Order Granting Preliminary Injunction'' on October 24, 2016. The Court Order on page 31 stated that ``Defendants are enjoined from implementing any portion of the FAR Rule or DOL Guidance relating to the new reporting and disclosure requirements regarding labor law violations as described in Executive Order 13673 and implemented in the FAR Rule and DOL Guidance. Further, Defendants are enjoined from enforcing the restriction on arbitration agreements.'' The Court did not enjoin implementation of those sections of, or the clause in, the FAR rule addressing the E.O.'s paycheck transparency requirements. To ensure compliance with the Court Order, the FAR Council issued a memorandum on October 25, 2016, subject ``Court Order Enjoining Certain Sections, Provisions, and Clauses in Federal Acquisition Circular (FAC) 2005-90, Implementing Executive Order (E.O.) 13673, Fair Pay and Safe Workplaces.'' Dated: December 9, 2016. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Federal Acquisition Circular (FAC) 2005-93 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 2005-93 is effective December 16, 2016 except for item II, which is effective January 1, 2017. Dated: December 8, 2016. Frank Kendall, Under Secretary of Defense for Acquisition, Technology and Logistics. Dated: December 9, 2016. Jeffrey A. Koses, Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, U.S. General Services Administration. Dated: December 7, 2016. William P. McNally, Assistant Administrator, Office of Procurement National Aeronautics and Space Administration. [FR Doc. 2016-30089 Filed 12-15-16; 8:45 am] BILLING CODE 6820-EP-P
![91626 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations
DEPARTMENT OF DEFENSE and National Aeronautics and Space DATES: For effective dates see the
Administration (NASA). separate documents, which follow.
GENERAL SERVICES
ADMINISTRATION ACTION: Summary presentation of FOR FURTHER INFORMATION CONTACT: The
interim and final rules. analyst whose name appears in the table
NATIONAL AERONAUTICS AND below in relation to the FAR case.
SPACE ADMINISTRATION SUMMARY: This document summarizes Please cite FAC 2005–93 and the
the Federal Acquisition Regulation specific FAR case number. For
48 CFR Chapter 1 (FAR) rules agreed to by the Civilian information pertaining to status or
Agency Acquisition Council and the publication schedules, contact the
[Docket No. FAR 2016–0051, Sequence No. Defense Acquisition Regulations Regulatory Secretariat Division at 202–
7] Council (Councils) in this Federal 501–4755.
Acquisition Circular (FAC) 2005–93. A
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–93; companion document, the Small Entity
Introduction Compliance Guide (SECG), follows this
FAC. The FAC, including the SECG, is
AGENCY: Department of Defense (DoD), available via the Internet at http://
General Services Administration (GSA), www.regulations.gov.
RULES LISTED IN FAC 2005–93
Item Subject FAR Case Analyst
I ......................... Paid Sick Leave for Federal Contractors (Interim) .................................................................. 2017–001 Delgado.
II ........................ Fair Pay and Safe Workplaces; Injunction ............................................................................... 2014–025 Delgado.
SUPPLEMENTARY INFORMATION: of Southeast Texas, Inc., the Associated the Secretary of Defense, the
Summaries for each FAR rule follow. Builders and Contractors, Inc., and the Administrator of General Services, and
For the actual revisions and/or National Association of Security the Administrator for the National
amendments made by these rules, refer Companies, filed a lawsuit in the United Aeronautics and Space Administration.
to the specific item numbers and States District Court for the Eastern Unless otherwise specified, all
subjects set forth in the documents District of Texas, seeking to overturn the
Federal Acquisition Regulation (FAR)
following these item summaries. FAC final rule, Civil Action No. 1:16–CV–
and other directive material contained
2005–93 amends the FAR as follows: 425. The District Court issued a
‘‘Memorandum and Order Granting in FAC 2005–93 is effective December
Item I—Paid Sick Leave for Federal 16, 2016 except for item II, which is
Preliminary Injunction’’ on October 24,
Contractors (FAR Case 2017–001) effective January 1, 2017.
2016. The Court Order on page 31 stated
(Interim)
that ‘‘Defendants are enjoined from Dated: December 8, 2016.
This interim rule amends the FAR to implementing any portion of the FAR
implement Executive Order (E.O.) 13706 Rule or DOL Guidance relating to the Frank Kendall,
and a Department of Labor final rule new reporting and disclosure Under Secretary of Defense for Acquisition,
issued on September 30, 2016, both requirements regarding labor law Technology and Logistics.
entitled ‘‘Establishing Paid Sick Leave violations as described in Executive Dated: December 9, 2016.
for Federal Contractors.’’ The interim Order 13673 and implemented in the
rule requires contractors to allow all FAR Rule and DOL Guidance. Further, Jeffrey A. Koses,
employees performing work on or in Defendants are enjoined from enforcing Senior Procurement Executive/Deputy CAO,
connection with a contract covered by the restriction on arbitration Office of Acquisition Policy, U.S. General
the E.O. to accrue and use paid sick agreements.’’ The Court did not enjoin Services Administration.
leave in accordance with E.O. 13706 implementation of those sections of, or Dated: December 7, 2016.
and 29 CFR part 13. Contracting officers the clause in, the FAR rule addressing
will include a clause in covered William P. McNally,
the E.O.’s paycheck transparency
contracts. requirements. To ensure compliance Assistant Administrator, Office of
with the Court Order, the FAR Council Procurement National Aeronautics and Space
Item II—Fair Pay and Safe Workplaces; Administration.
Injunction (FAR Case 2014–025) issued a memorandum on October 25,
2016, subject ‘‘Court Order Enjoining [FR Doc. 2016–30089 Filed 12–15–16; 8:45 am]
This final rule amends the FAR to Certain Sections, Provisions, and BILLING CODE 6820–EP–P
include caveats on sections of FAR Case Clauses in Federal Acquisition Circular
2015–024, Fair Pay and Safe (FAC) 2005–90, Implementing Executive
Workplaces, that were enjoined Order (E.O.) 13673, Fair Pay and Safe
indefinitely as of October 24, 2016, by Workplaces.’’
asabaliauskas on DSK3SPTVN1PROD with RULES
court order. FAR Case 2015–024 was
Dated: December 9, 2016.
published as a final rule in the Federal
Register at 81 FR 58562 to implement William F. Clark,
Executive Order (E.O.) 13673, as Director, Office of Government-wide
amended by E.O.s 13683 and 13737. Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
The rule had an effective date of
October 25, 2016. On October 7, 2016, Federal Acquisition Circular (FAC)
the Associated Builders and Contractors 2005–93 is issued under the authority of
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Document Created: 2018-02-14 09:07:12
Document Modified: 2018-02-14 09:07:12
| 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 interim and final rules. | |
| Dates | For effective dates see the separate documents, which follow. | |
| Contact | The analyst whose name appears in the table below in relation to the FAR case. Please cite FAC 2005-93 and the specific FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. | |
| FR Citation | 81 FR 91626 |
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