81_FR_91883 81 FR 91641 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-93; Small Entity Compliance Guide

81 FR 91641 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-93; Small Entity Compliance Guide

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

Page Range91641-91642
FR Document2016-30092

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 rules appearing in Federal Acquisition Circular (FAC) 2005-93, 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 these rules by referring to FAC 2005-93, which precedes this document. These documents are also available via the Internet at http:// www.regulations.gov.

Federal Register, Volume 81 Issue 242 (Friday, December 16, 2016) 
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 91641-91642]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30092]


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

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; 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 rules 
appearing in Federal Acquisition Circular (FAC) 2005-93, 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 
these rules by referring to FAC 2005-93, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: December 16, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-93 and the 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 Workplaces;           2014-025  Delgado.
                                 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

[[Page 91642]]

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.
[FR Doc. 2016-30092 Filed 12-15-16; 8:45 am]
BILLING CODE 6820-EP-P

Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations 91641 52.222–57 Representation Regarding enjoined section will become effective DEPARTMENT OF DEFENSE Compliance with Labor Laws (Executive immediately if the court terminates the Order 13673). injunction. At that time, DoD, GSA, and GENERAL SERVICES * * * * * NASA will publish a document in the Federal Register advising the public of the ADMINISTRATION Representation Regarding Compliance termination of the injunction. With Labor Laws (Executive Order NATIONAL AERONAUTICS AND ■ 28. Amend section 52.222–61 by SPACE ADMINISTRATION 13673) (DEC 2016) revising the date of the clause and * * * * * adding a Note to the section to read as 48 CFR Chapter 1 Note to 52.222–57: By a court order issued follows: on October 24, 2016, 52.222–57 is enjoined 52.222–61 Arbitration of Contractor [Docket No. FAR 2016–0051, Sequence No. indefinitely as of the date of the order. The Employee Claims (Executive Order 13673). 7] enjoined section will become effective immediately if the court terminates the * * * * * injunction. At that time, DoD, GSA, and Federal Acquisition Regulation; Arbitration of Contractor Employee Federal Acquisition Circular 2005–93; NASA will publish a document in the Federal Register advising the public of the Claims (Executive Order 13673) (DEC Small Entity Compliance Guide termination of the injunction. 2016) ■ 26. Amend section 52.222–58 by * * * * * AGENCY: Department of Defense (DoD), revising the date of the provision and Note to 52.222–61: By a court order issued General Services Administration (GSA), adding a Note to the section to read as on October 24, 2016, 52.222–61 is enjoined and National Aeronautics and Space follows: indefinitely as of the date of the order. The Administration (NASA). enjoined section will become effective 52.222–58 Subcontractor Responsibility immediately if the court terminates the ACTION: Small Entity Compliance Guide. Matters Regarding Compliance with Labor injunction. At that time, DoD, GSA, and Laws (Executive Order 13673). NASA will publish a document in the SUMMARY: This document is issued Federal Register advising the public of the under the joint authority of DOD, GSA, * * * * * termination of the injunction. Subcontractor Responsibility Matters and NASA. This Small Entity Regarding Compliance With Labor Laws ■ 29. Amend section 52.244–6 by— Compliance Guide has been prepared in (Executive Order 13673) (DEC 2016) ■ a. Revising the date of the clause; and accordance with section 212 of the * * * * * ■ b. Adding a Note to paragraph Small Business Regulatory Enforcement (c)(1)(xiii). Fairness Act of 1996. It consists of a Note to 52.222–58: By a court order issued The revision and addition read as on October 24, 2016, 52.222–58 is enjoined summary of the rules appearing in follows: indefinitely as of the date of the order. The Federal Acquisition Circular (FAC) enjoined section will become effective 52.244–6 Subcontracts for Commercial 2005–93, which amends the Federal immediately if the court terminates the Items. Acquisition Regulation (FAR). An injunction. At that time, DoD, GSA, and * * * * * asterisk (*) next to a rule indicates that NASA will publish a document in the a regulatory flexibility analysis has been Federal Register advising the public of the Subcontracts for Commercial Items termination of the injunction. (DEC 2016) prepared. Interested parties may obtain further information regarding these ■ 27. Amend section 52.222–59 by * * * * * rules by referring to FAC 2005–93, revising the date of the clause and (c)(1) * * * which precedes this document. These adding a Note to the section to read as (xiii) * * * documents are also available via the follows: Note to paragraph (c)(1)(xiii): By a court Internet at http://www.regulations.gov. order issued on October 24, 2016, 52.222–59 52.222–59 Compliance with Labor Laws is enjoined indefinitely as of the date of the DATES: December 16, 2016. (Executive Order 13673). order. The enjoined paragraph will become * * * * * effective immediately if the court terminates FOR FURTHER INFORMATION CONTACT: For the injunction. At that time, DoD, GSA, and clarification of content, contact the Compliance With Labor Laws NASA will publish a document in the analyst whose name appears in the table (Executive Order 13673) (DEC 2016) Federal Register advising the public of the below. Please cite FAC 2005–93 and the termination of the injunction. * * * * * FAR case number. For information Note to 52.222–59: By a court order issued * * * * * pertaining to status or publication on October 24, 2016, 52.222–59 is enjoined [FR Doc. 2016–30091 Filed 12–15–16; 8:45 am] schedules, contact the Regulatory indefinitely as of the date of the order. The BILLING CODE 6820–EP–P Secretariat Division at 202–501–4755. 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. asabaliauskas on DSK3SPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: subjects set forth in the documents Item I—Paid Sick Leave for Federal Summaries for each FAR rule follow. following these item summaries. FAC Contractors (FAR Case 2017–001) For the actual revisions and/or 2005–93 amends the FAR as follows: (Interim) amendments made by these rules, refer This interim rule amends the FAR to to the specific item numbers and implement Executive Order (E.O.) 13706 VerDate Sep<11>2014 22:22 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\16DER5.SGM 16DER5

91642 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations and a Department of Labor final rule Executive Order (E.O.) 13673, as FAR Rule and DOL Guidance. Further, issued on September 30, 2016, both amended by E.O.s 13683 and 13737. Defendants are enjoined from enforcing entitled ‘‘Establishing Paid Sick Leave The rule had an effective date of the restriction on arbitration for Federal Contractors.’’ The interim October 25, 2016. On October 7, 2016, agreements.’’ The Court did not enjoin rule requires contractors to allow all the Associated Builders and Contractors implementation of those sections of, or employees performing work on or in of Southeast Texas, Inc., the Associated the clause in, the FAR rule addressing connection with a contract covered by Builders and Contractors, Inc., and the the E.O.’s paycheck transparency the E.O. to accrue and use paid sick National Association of Security requirements. To ensure compliance leave in accordance with E.O. 13706 Companies, filed a lawsuit in the United with the Court Order, the FAR Council and 29 CFR part 13. Contracting officers States District Court for the Eastern issued a memorandum on October 25, will include a clause in covered District of Texas, seeking to overturn the 2016, subject ‘‘Court Order Enjoining contracts. final rule, Civil Action No. 1:16–CV– Certain Sections, Provisions, and 425. The District Court issued a Clauses in Federal Acquisition Circular Item II—Fair Pay and Safe Workplaces; (FAC) 2005–90, Implementing Executive Injunction (FAR Case 2014–025) ‘‘Memorandum and Order Granting Preliminary Injunction’’ on October 24, Order (E.O.) 13673, Fair Pay and Safe 2016. The Court Order on page 31 stated Workplaces.’’ This final rule amends the FAR to include caveats on sections of FAR Case that ‘‘Defendants are enjoined from Dated: December 9, 2016. 2015–024, Fair Pay and Safe implementing any portion of the FAR William F. Clark, Workplaces, that were enjoined Rule or DOL Guidance relating to the Director, Office of Government-wide indefinitely as of October 24, 2016, by new reporting and disclosure Acquisition Policy, Office of Acquisition court order. FAR Case 2015–024 was requirements regarding labor law Policy, Office of Government-wide Policy. published as a final rule in the Federal violations as described in Executive [FR Doc. 2016–30092 Filed 12–15–16; 8:45 am] Register at 81 FR 58562 to implement Order 13673 and implemented in the BILLING CODE 6820–EP–P asabaliauskas on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 22:22 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00018 Fmt 4701 Sfmt 9990 E:\FR\FM\16DER5.SGM 16DER5


Document Created: 2018-02-14 09:07:59
Document Modified: 2018-02-14 09:07:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionSmall Entity Compliance Guide.
DatesDecember 16, 2016.
ContactFor clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-93 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755.
FR Citation81 FR 91641 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR