81 FR 91636 - Federal Acquisition Regulation; Fair Pay and Safe Workplaces; Injunction

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 242 (December 16, 2016)

A final rule was published in the Federal Register on August 25, 2016 amending the Federal Acquisition Regulation (FAR) to implement the Executive Order (E.O.) on Fair Pay and Safe Workplaces. The E.O. was designed to promote contracting efficiency by improving compliance with basic labor standards during the performance of federal contracts. Implementation of portions of the E.O. was preliminarily enjoined by an order issued by a Federal District court on October 24, 2016. DoD, GSA, and NASA are amending sections of the FAR that are affected by the Court's preliminary injunction order.

[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 91636-91641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30091]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 4, 9, 17, 22, 42, and 52

[FAC 2005-93; FAR Case 2014-025; Item II; Docket No. 2014-0025; 
Sequence No. 2]
RIN 9000-AN30


Federal Acquisition Regulation; Fair Pay and Safe Workplaces; 
Injunction

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

ACTION: Final rule; injunction.

-----------------------------------------------------------------------

SUMMARY: A final rule was published in the Federal Register on August 
25, 2016 amending the Federal Acquisition Regulation (FAR) to implement 
the Executive Order (E.O.) on Fair Pay and Safe Workplaces. The E.O. 
was designed

[[Page 91637]]

to promote contracting efficiency by improving compliance with basic 
labor standards during the performance of federal contracts. 
Implementation of portions of the E.O. was preliminarily enjoined by an 
order issued by a Federal District court on October 24, 2016. DoD, GSA, 
and NASA are amending sections of the FAR that are affected by the 
Court's preliminary injunction order.

DATES: Effective: December 16, 2016.
    Applicability Date: October 24, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement 
Analyst, at 202-969-7207 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAC 2005-93, FAR Case 
2014-025; Injunction.

SUPPLEMENTARY INFORMATION: 

A. Background

1. The Final Rule and Court Order
    On August 25, 2016, DoD, GSA, and NASA published a final rule in 
the Federal Register at 81 FR 58562 to implement Executive Order (E.O.) 
13673, as amended by E.O. 13683 and 13738 (hereinafter designated as 
the ``E.O.''). The E.O. was designed to promote contracting efficiency 
by improving contractor compliance with basic labor standards during 
the performance of Federal contracts. The rule, which added coverage in 
FAR parts 1, 4, 9, 17, 22, 42, and 52, 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 
(Civil Action No. 1:16-CV-425) seeking to overturn the final rule. On 
October 13, 2016, the plaintiffs filed an ``Emergency Motion for 
Temporary Restraining Order and Preliminary Injunction.''
    The District Court issued a ``Memorandum and Order Granting 
Preliminary Injunction'' on October 24, 2016. The Court Order on page 
31 states that ``Defendants are enjoined [from] implementing any 
portion of the FAR Rule or Department of Labor 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.''
    On October 25, 2016, the Federal Acquisition Regulatory Council 
issued a memorandum to the Chief Acquisition Officers, Senior 
Procurement Executives, Defense Acquisition Regulations Council, and 
Civilian Agency Acquisition Council directing that all steps necessary 
be taken to ensure the enjoined sections, provisions, and clauses of 
the final rule are not implemented until such time as the injunction is 
terminated. The Council enumerated specific steps to be taken at a 
minimum, including the following:
    1. Ensure new solicitations do not include representations or 
clauses that the enjoined coverage of the rule would have required--
i.e., the representation at FAR 52.222-57 and its commercial items 
version at paragraph (s) of 52.212-3, and 52.222-58 and the clause at 
52.222-59, to direct disclosure of labor law violation decisions by 
offerors or contractors, or clause 52.222-61, that would require an 
offeror or contractor to agree to restrict use of mandatory pre-dispute 
arbitration agreements.
    2. If a solicitation has been issued with representations or 
clauses listed in the previous paragraph 1, amend those solicitations 
immediately to remove those representations and clauses. Additionally, 
agencies shall not take any action on information, if any, submitted in 
response to those representations and clauses.
    3. Ensure contracting officers do not implement the procedures in 
FAR 22.2004-2, 22.2004-3, 22.2004-4, or associated changes in FAR parts 
9 and 42.
    The FAR Council requested that agencies share its instructions 
widely among their workforces. It posted the Memorandum at https://www.acquisition.gov/fair-pay-eo and the Department of Labor re-posted 
the Memorandum at the top of its information page on the Fair Pay and 
Safe Workplaces E.O. at https://www.dol.gov/asp/fairpayandsafeworkplaces/.
    As an additional step to ensure full awareness of, and compliance 
with, the Court Order, DoD, GSA, and NASA, on behalf of the FAR 
Council, are taking this more comprehensive administrative action to 
amend the final rule to include caveats throughout the rule for each 
section, provision, and clause that was enjoined by the terms of the 
Court Order. The caveat explains that the affected regulatory coverage 
has been enjoined as of October 24 and is enjoined indefinitely, but 
will become effective immediately if the injunction is terminated. At 
that time, DOD, GSA, and NASA will take an additional administrative 
action to remove the caveats added by this final rule.
    In further compliance with the terms of the Court Order, as 
explained by the FAR Council in its October 25 Memorandum, GSA's 
Integrated Award Environment has halted actions to release the changes 
for the System for Award Management (SAM) that would support bidder and 
contractor submission of information on labor law violation decisions 
as well as the changes that would support public disclosure of this 
information in the Federal Awardee Performance and Integrity 
Information System (FAPIIS).
2. Paycheck Transparency
    The final rule issued on August 25 also included coverage 
addressing the paycheck transparency requirements in section 5 of the 
E.O. Section 5(a) of the E.O. requires contractors and subcontractors 
performing covered contracts or subcontracts to provide wage statements 
to covered workers, giving them information concerning their hours 
worked, overtime hours pay, and any additions to or deductions made 
from their pay. Section 5(b) requires contractors and subcontractors 
performing covered contracts or subcontracts to provide a document to 
individuals performing work under the contract or subcontract as 
independent contractors informing them of their status as independent 
contractors. These requirements are implemented in FAR 22.2005, FAR 
22.2007(d), and the clause at FAR 52.222-60, and further reflected in 
several other FAR clauses. The Court Order does not enjoin 
implementation of the coverage on paycheck transparency. On page 31 of 
the Order, the Court explains that ``[t]he court does not find that 
Plaintiffs have established a substantial likelihood of success on 
their claims regarding the `paycheck transparency requirement' and have 
failed to establish that they will suffer irreparable harm as to the 
implementation of those provisions, which do not take effect until 
January 1, 2017. See 81 FR at 58713. Therefore, the court declines to 
enjoin enforcement of the paycheck provisions.'' Accordingly, the 
paycheck transparency clause language at FAR 52.222-60, 52.244-
6(c)(1)(xiv), 52.212-5(b)(36), (e)(1)(xvii) and Alternate 
II(e)(1)(ii)(Q) take effect for new solicitations issued on or after 
January 1, 2017, as stated in the final rule.
    A number of other provisions in FAR parts 9, 22 and clause language 
in part 52 that make minor editorial changes or technical references 
are also not affected by the Court Order and, for this reason, do not 
appear in this final rule.

[[Page 91638]]

B. 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). The final 
rule issued August 25, 2016, was a significant regulatory action 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993, and a major rule under 5 U.S.C. 
804. The action published today is amending the FAR to show enjoined 
sections as being enjoined indefinitely.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule is an administrative action that does not require 
publication for public comment.

List of Subjects in 48 CFR Parts 1, 4, 9, 17, 22, 42, and 52

    Government procurement.

    Dated: December 9, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
    Therefore DoD, GSA, and NASA amend 48 CFR parts 1, 4, 9, 17, 22, 
42, and 52 as set forth below:

0
1. The authority citation for 48 CFR parts 1, 4, 9, 17, 22, 42, and 52 
continues to read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
2. Amend section 1.106 by adding a Note to the section to read as 
follows:


1.106  OMB approval under the Paperwork Reduction Act.

* * * * *

    Note to 1.106: By a court order issued on October 24, 2016, FAR 
segments ``52.222-57'', ``52.222-58'', and ``52.222-59'' and their 
corresponding OMB Control Number ``9000-0195'' are enjoined 
indefinitely as of the date of the order. The enjoined segments will 
become effective immediately if the court terminates the injunction. 
At that time, DoD, GSA, and NASA will publish a document in the 
Federal Register advising the public of the termination of the 
injunction.

PART 4--ADMINISTRATIVE MATTERS

0
3. Amend section 4.1202 by adding a Note to paragraph (a)(21) to read 
as follows:


4.1202   Solicitation provision and contract clause.

    (a) * * *
    (21) * * *

    Note to paragraph (a)(21): By a court order issued on October 
24, 2016, this paragraph (a)(21) is enjoined indefinitely as of the 
date of the order. The enjoined paragraph will become effective 
immediately if the court terminates the injunction. At that time, 
DoD, GSA, and NASA will publish a document in the Federal Register 
advising the public of the termination of the injunction.

* * * * *

PART 9--CONTRACTOR QUALIFICATIONS

0
4. Amend section 9.104-4 by adding a Note to paragraph (b) to read as 
follows:


9.104-4  Subcontractor responsibility.

* * * * *
    (b) * * *

    Note to paragraph (b): By a court order issued on October 24, 
2016, this paragraph (b) is enjoined indefinitely as of the date of 
the order. The enjoined paragraph will become effective immediately 
if the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.

* * * * *

0
5. Amend section 9.104-5 by adding a Note to paragraph (d) to read as 
follows:


9.104-5  Representation and certifications regarding responsibility 
matters.

* * * * *
    (d) * * *

    Note to paragraph (d): By a court order issued on October 24, 
2016, this paragraph (d) is enjoined indefinitely as of the date of 
the order. The enjoined paragraph will become effective immediately 
if the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.

* * * * *

0
6. Amend section 9.104-6 by adding Notes to paragraphs (b)(4) and (6) 
to read as follows:


9.104-6  Federal Awardee Performance and Integrity Information System.

* * * * *
    (b) * * *
    (4) * * *

    Note to paragraph (b)(4): By a court order issued on October 24, 
2016, the second sentence of this paragraph (b)(4) is enjoined 
indefinitely as of the date of the order. The enjoined sentence will 
become effective immediately if the court terminates the injunction. 
At that time, DoD, GSA, and NASA will publish a document in the 
Federal Register advising the public of the termination of the 
injunction.

* * * * *
    (6) * * *

    Note to paragraph (b)(6): By a court order issued on October 24, 
2016, this paragraph (b)(6), is enjoined indefinitely as of the date 
of the order. The enjoined paragraph will become effective 
immediately if the court terminates the injunction. At that time, 
DoD, GSA, and NASA will publish a document in the Federal Register 
advising the public of the termination of the injunction.

* * * * *

0
7. Amend section 9.105-1 by adding a Note to paragraph (b)(4) to read 
as follows:


9.105-1  Obtaining information.

* * * * *
    (b) * * *
    (4) * * *

    Note to paragraph (b)(4): By a court order issued on October 24, 
2016, this paragraph (b)(4) is enjoined indefinitely as of the date 
of the order. The enjoined paragraph will become effective 
immediately if the court terminates the injunction. At that time, 
DoD, GSA, and NASA will publish a document in the Federal Register 
advising the public of the termination of the injunction.

* * * * *

PART 17--SPECIAL CONTRACTING METHODS

0
8. Amend section 17.207 by adding a Note to paragraph (c)(8) to read as 
follows:


17.207  Exercise of options.

* * * * *
    (c) * * *
    (8) * * *

    Note to paragraph (c)(8): By a court order issued on October 24, 
2016, this paragraph (c)(8) is enjoined indefinitely as of the date 
of the order. The enjoined paragraph will become effective 
immediately if the court terminates the injunction. At that time, 
DoD, GSA, and NASA will publish a document in the Federal Register 
advising the public of the termination of the injunction.

* * * * *

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
9. Amend section 22.102-2 by adding a Note to paragraph (c)(3) to read 
as follows:

[[Page 91639]]

22.102-2  Administration and enforcement.

* * * * *
    (c) * * *
    (3) * * *

    Note to paragraph (c)(3): By a court order issued on October 24, 
2016, this paragraph (c)(3) is enjoined indefinitely as of the date 
of the order. The enjoined paragraph will become effective 
immediately if the court terminates the injunction. At that time, 
DoD, GSA, and NASA will publish a document in the Federal Register 
advising the public of the termination of the injunction.


0
10. Amend section 22.104 by adding Notes to paragraphs (b)(1) and (d) 
to read as follows:


22.104  Agency labor advisors.

* * * * *
    (b) * * *
    (1) * * *

    Note to paragraph (b)(1): By a court order issued on October 24, 
2016, the words ``agency labor compliance advisors (ALCAs) (as 
defined at 22.2002)'' in this paragraph (b)(1) are enjoined 
indefinitely as of the date of the order. The enjoined words will 
become effective immediately if the court terminates the injunction. 
At that time, DoD, GSA, and NASA will publish a document in the 
Federal Register advising the public of the termination of the 
injunction.

* * * * *
    (d) * * *

    Note to paragraph (d): By a court order on October 24, 2016, 
this paragraph (d) is enjoined indefinitely as of the date of the 
order. The enjoined paragraph will become effective immediately if 
the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.


0
11. Amend section 22.2000 by adding a Note to the section to read as 
follows:


22.2000  Scope of subpart.

* * * * *

    Note to 22.2000: By a court order issued on October 24, 2016, 
this section is enjoined indefinitely as of the date of the order. 
The enjoined section will become effective immediately if the court 
terminates the injunction. At that time, DoD, GSA, and NASA will 
publish a document in the Federal Register advising the public of 
the termination of the injunction.


0
12. Amend section 22.2002 by adding a Note to the section to read as 
follows:


22.2002   Definitions.

* * * * *

    Note to 22.2002: By a court order issued on October 24, 2016, 
this section is enjoined indefinitely as of the date of the order. 
The enjoined section will become effective immediately if the court 
terminates the injunction. At that time, DoD, GSA, and NASA will 
publish a document in the Federal Register advising the public of 
the termination of the injunction.


0
13. Amend section 22.2003 by adding a Note to section to read as 
follows:


22.2003  Policy.

* * * * *

    Note to 22.2003: By a court order issued on October 24, 2016, 
this section is enjoined indefinitely as of the date of the order. 
The enjoined section will become effective immediately if the court 
terminates the injunction. At that time, DoD, GSA, and NASA will 
publish a document in the Federal Register advising the public of 
the termination of the injunction.


0
14. Amend section 22.2004-1 by adding a Note to the section to read as 
follows:


22.2004-1  General.

* * * * *

    Note to 22.2004-1: By a court order issued on October 24, 2016, 
this section is enjoined indefinitely as of the date of the order. 
The enjoined section will become effective immediately if the court 
terminates the injunction. At that time, DoD, GSA, and NASA will 
publish a document in the Federal Register advising the public of 
the termination of the injunction.


0
15. Amend section 22.2004-2 by adding a Note to the section to read as 
follows:


22.2004-2  Preaward assessment of an offeror's labor law violations.

* * * * *

    Note to 22.2004-2: By a court order issued on October 24, 2016, 
this section is enjoined indefinitely as of the date of the order. 
The enjoined section will become effective immediately if the court 
terminates the injunction. At that time, DoD, GSA, and NASA will 
publish a document in the Federal Register advising the public of 
the termination of the injunction.


0
16. Amend section 22.2004-3 by adding a Note to the section to read as 
follows:


22.2004-3  Postaward assessment of a prime contractor's labor law 
violations.

* * * * *

    Note to section 22.2004-3: By a court order issued on October 
24, 2016, this section is enjoined indefinitely as of the date of 
the order. The enjoined section will become effective immediately if 
the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.


0
17. Amend section 22.2004-4 by adding a Note to the section to read as 
follows:


22.2004-4  Contractor preaward and postaward assessment of a 
subcontractor's labor law violations.

* * * * *

    Note to 22.2004-4: By a court order issued on October 24, 2016, 
this section is enjoined indefinitely as of the date of the order. 
The enjoined section will become effective immediately if the court 
terminates the injunction. At that time, DoD, GSA, and NASA will 
publish a document in the Federal Register advising the public of 
the termination of the injunction.


0
18. Amend section 22.2006 by adding a Note to the section to read as 
follows:


22.2006  Arbitration of contractor employee claims.

* * * * *

    Note to 22.2006: By a court order issued on October 24, 2016, 
this section is enjoined indefinitely as of the date of the order. 
The enjoined section will become effective immediately if the court 
terminates the injunction. At that time, DoD, GSA, and NASA will 
publish a document in the Federal Register advising the public of 
the termination of the injunction.


0
19. Amend section 22.2007 by adding Notes to paragraphs (a), (b), (c) 
and (e) to read as follows:


22.2007  Solicitation provisions and contract clauses.

    (a) * * *

    Note to paragraph (a): By a court order issued on October 24, 
2016, this paragraph (a) is enjoined indefinitely as of the date of 
the order. The enjoined paragraph will become effective immediately 
if the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.

    (b) * * *

    Note to paragraph (b): By a court order issued on October 24, 
2016, this paragraph (b) is enjoined indefinitely as of the date of 
the order. The enjoined paragraph will become effective immediately 
if the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.

    (c) * * *

    Note to paragraph (c): By a court order issued on October 24, 
2016, this paragraph (c) is enjoined indefinitely as of the date of 
the order. The enjoined paragraph will become effective immediately 
if the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.

* * * * *
    (e) * * *

    Note to paragraph (e): By a court order issued on October 24, 
2016, this paragraph (e) is enjoined indefinitely as of the date of

[[Page 91640]]

the order. The enjoined paragraph will become effective immediately 
if the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
20. Amend section 42.1502 by adding a Note to paragraph (j) to read as 
follows:


42.1502  Policy.

* * * * *
    (j) * * *

    Note to paragraph (j): By a court order issued on October 24, 
2016, this paragraph (j) is enjoined indefinitely as of the date of 
the order. The enjoined paragraph will become effective immediately 
if the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.


0
21. Amend section 42.1503 by adding Notes to paragraphs (a)(1)(i) and 
(ii) and (h)(5) introductory text to read as follows:


42.1503  Procedures.

    (a)(1) * * *
    (i) * * *

    Note to paragraph (a)(1)(i): By a court order issued on October 
24, 2016, the words ``agency labor compliance advisor (ALCA) office 
(see subpart 22.20)'' in this paragraph (a)(1)(i) are enjoined 
indefinitely as of the date of the order. The enjoined words will 
become effective immediately if the court terminates the injunction. 
At that time, DoD, GSA, and NASA will publish a document in the 
Federal Register advising the public of the termination of the 
injunction.

    (ii) * * *

    Note to paragraph (a)(1)(ii): By a court order issued on October 
24, 2016, the word ``ALCA'' in this paragraph (a)(1)(ii) is enjoined 
indefinitely as of the date of the order. The enjoined word will 
become effective immediately if the court terminates the injunction. 
At that time, DoD, GSA, and NASA will publish a document in the 
Federal Register advising the public of the termination of the 
injunction.

* * * * *
    (h) * * *
    (5) * * *

    Note to paragraph (h)(5) introductory text: By a court order 
issued on October 24, 2016, this paragraph (h)(5) is enjoined 
indefinitely as of the date of the order. The enjoined paragraph 
will become effective immediately if the court terminates the 
injunction. At that time, DoD, GSA, and NASA will publish a document 
in the Federal Register advising the public of the termination of 
the injunction.

* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
22. Amend section 52.204-8 by--
0
a. Revising the date of the provision; and
0
b. Adding a Note to paragraph (c)(1)(xv).
    The revision and addition reads as follows:


52.204-8  Annual Representations and Certifications.

* * * * *

Annual Representations and Certifications (DEC 2016)

* * * * *
    (c)(1) * * *
    (xv) * * *

    Note to paragraph (c)(1)(xv): By a court order issued on October 
24, 2016, 52.222-57 is enjoined indefinitely as of the date of the 
order. The enjoined paragraph will become effective immediately if 
the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.

* * * * *

0
23. Amend section 52.212-3 by--
0
a. Revising the date of the provision; and
0
b. Adding Notes to paragraphs (a) and (s).
    The revision and addition reads as follows:


52.212-3  Offeror Representations and Certifications--Commercial Items.

* * * * *

Offeror Representations and Certifications--Commercial Items (DEC 2016)

* * * * *
    (a) * * *

    Note to paragraph (a): By a court order issued on October 24, 
2016, the following definitions in this paragraph (a) are enjoined 
indefinitely as of the date of the order: ``Administrative merits 
determination'', ``Arbitral award or decision'', paragraph (2) of 
``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', 
``Labor compliance agreement'', ``Labor laws'', and ``Labor law 
decision''. The enjoined definitions will become effective 
immediately if the court terminates the injunction. At that time, 
DoD, GSA, and NASA will publish a document in the Federal Register 
advising the public of the termination of the injunction.

* * * * *
    (s) * * *

    Note to paragraph (s): By a court order issued on October 24, 
2016, this paragraph (s) is enjoined indefinitely as of the date of 
the order. The enjoined paragraph will become effective immediately 
if the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.

* * * * *

0
24. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Adding Notes to paragraphs (b)(35) and (e)(1)(xvi); and
0
c. Amending Alternate II by--
0
1. Revising the date of the Alternate; and
0
2. Adding a Note to paragraph (e)(1)(ii)(P) of Alternate II.
    The revisions and additions read as follows:


52.212-5  Contract Terms and Conditions Required to Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *

Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders--Commercial Items (DEC 2016)

* * * * *
    (b) * * *
    (35) * * *

    Note to paragraph (b)(35): By a court order issued on October 
24, 2016, 52.222-59 is enjoined indefinitely as of the date of the 
order. The enjoined paragraph will become effective immediately if 
the court terminates the injunction. At that time, DoD, GSA, and 
NASA will publish a document in the Federal Register advising the 
public of the termination of the injunction.

* * * * *
    (e)(1) * * *
    (xvi) * * *

    Note to paragraph (e)(1)(xvi): By a court order issued on 
October 24, 2016, 52.222-59 is enjoined indefinitely as of the date 
of the order. The enjoined paragraph will become effective 
immediately if the court terminates the injunction. At that time, 
DoD, GSA, and NASA will publish a document in the Federal Register 
advising the public of the termination of the injunction.

* * * * *
    Alternate II (DEC 2016). * * *
* * * * *
    (e)(1) * * *
    (ii) * * *
    (P) * * *

    Note to paragraph (e)(1)(ii)(P): By a court order issued on 
October 24, 2016, 52.222-59 is enjoined indefinitely as of the date 
of the order. The enjoined paragraph will become effective 
immediately if the court terminates the injunction. At that time, 
DoD, GSA, and NASA will publish a document in the Federal Register 
advising the public of the termination of the injunction.

* * * * *

0
25. Amend section 52.222-57 by revising the date of the provision and 
adding a Note to the section to read as follows:

[[Page 91641]]

52.222-57  Representation Regarding Compliance with Labor Laws 
(Executive Order 13673).

* * * * *

Representation Regarding Compliance With Labor Laws (Executive Order 
13673) (DEC 2016)

* * * * *

    Note to 52.222-57: By a court order issued on October 24, 2016, 
52.222-57 is enjoined indefinitely as of the date of the order. The 
enjoined section will become effective immediately if the court 
terminates the injunction. At that time, DoD, GSA, and NASA will 
publish a document in the Federal Register advising the public of 
the termination of the injunction.


0
26. Amend section 52.222-58 by revising the date of the provision and 
adding a Note to the section to read as follows:


52.222-58  Subcontractor Responsibility Matters Regarding Compliance 
with Labor Laws (Executive Order 13673).

* * * * *
    Subcontractor Responsibility Matters Regarding Compliance With 
Labor Laws (Executive Order 13673) (DEC 2016)
* * * * *

    Note to 52.222-58: By a court order issued on October 24, 2016, 
52.222-58 is enjoined indefinitely as of the date of the order. The 
enjoined section will become effective immediately if the court 
terminates the injunction. At that time, DoD, GSA, and NASA will 
publish a document in the Federal Register advising the public of 
the termination of the injunction.


0
27. Amend section 52.222-59 by revising the date of the clause and 
adding a Note to the section to read as follows:


52.222-59  Compliance with Labor Laws (Executive Order 13673).

* * * * *

Compliance With Labor Laws (Executive Order 13673) (DEC 2016)

* * * * *

    Note to 52.222-59: By a court order issued on October 24, 2016, 
52.222-59 is enjoined indefinitely as of the date of the order. The 
enjoined section will become effective immediately if the court 
terminates the injunction. At that time, DoD, GSA, and NASA will 
publish a document in the Federal Register advising the public of 
the termination of the injunction.


0
28. Amend section 52.222-61 by revising the date of the clause and 
adding a Note to the section to read as follows:


52.222-61  Arbitration of Contractor Employee Claims (Executive Order 
13673).

* * * * *

Arbitration of Contractor Employee Claims (Executive Order 13673) (DEC 
2016)

* * * * *

    Note to 52.222-61: By a court order issued on October 24, 2016, 
52.222-61 is enjoined indefinitely as of the date of the order. The 
enjoined section will become effective immediately if the court 
terminates the injunction. At that time, DoD, GSA, and NASA will 
publish a document in the Federal Register advising the public of 
the termination of the injunction.


0
29. Amend section 52.244-6 by--
0
a. Revising the date of the clause; and
0
b. Adding a Note to paragraph (c)(1)(xiii).
    The revision and addition read as follows:


52.244-6  Subcontracts for Commercial Items.

* * * * *

Subcontracts for Commercial Items (DEC 2016)

* * * * *
    (c)(1) * * *
    (xiii) * * *

    Note to paragraph (c)(1)(xiii): By a court order issued on 
October 24, 2016, 52.222-59 is enjoined indefinitely as of the date 
of the order. The enjoined paragraph will become effective 
immediately if the court terminates the injunction. At that time, 
DoD, GSA, and NASA will publish a document in the Federal Register 
advising the public of the termination of the injunction.

* * * * *
[FR Doc. 2016-30091 Filed 12-15-16; 8:45 am]
 BILLING CODE 6820-EP-P