82 FR 51526 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-96; Small Entity Compliance Guide
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 82, Issue 213 (November 6, 2017)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 82, Issue 213 (November 6, 2017)
| Page Range | 51526-51527 | |
| FR Document | 2017-23598 |
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)] [Rules and Regulations] [Pages 51526-51527] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23598] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket No. FAR 2017-0051, Sequence No. 1] Federal Acquisition Regulation; Federal Acquisition Circular 2005-96; 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) 2005-96, 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 2005-96, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. DATES: November 6, 2017. [[Page 51527]] 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 at 202-501-4755. Please cite FAC 2005-96, FAR Case 2017- 015. Rule Listed in FAC 2005-96 ------------------------------------------------------------------------ Subject FAR case Analyst ------------------------------------------------------------------------ Removal of Fair Pay and Safe 2017-015 Delgado. Workplaces Rule. ------------------------------------------------------------------------ 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 2005-96 amends the FAR as specified below: Removal of Fair Pay and Safe Workplaces Rule (FAR Case 2017-015) This final rule rescinds the final rule at 81 FR 58562 (August 25, 2016). This was FAR Case 2014-025, Fair Pay and Safe Workplaces, which was a significant rule under Executive Order (E.O.) 12866 and a major rule under 5 U.S.C. 804. Because of a Federal court injunction, the only provision or clause that had gone into effect was FAR 52.222-60, Paycheck Transparency (Executive Order 13673), which was included in solicitations starting on January 1, 2017. On March 27, 2017, Public Law 115-11 disapproved the rule under the Congressional Review Act. Therefore, by law, the rule has no force or effect, including the FAR 52.222-60 clause. Also on March 27, 2017, E.O. 13782, Revocation of Federal Contracting Executive Orders, rescinded the E.O.s that originally authorized the rule. All steps should be taken to ensure that no sections, provisions, or clauses of the final rule are implemented. Dated: October 11, 2017. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2017-23598 Filed 11-3-17; 8:45 am] BILLING CODE 6820-EP-P
![51526 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations
DEPARTMENT OF DEFENSE and National Aeronautics and Space For effective date see separate
DATES:
Administration (NASA). document, which follows.
GENERAL SERVICES
ACTION: Summary presentation of a final FOR FURTHER INFORMATION CONTACT: Ms.
ADMINISTRATION
rule. Zenaida Delgado, Procurement Analyst,
at 202–969–7207 for clarification of
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION SUMMARY: This document summarizes content. For information pertaining to
the Federal Acquisition Regulation status or publication schedules, contact
48 CFR Chapter 1 (FAR) rule agreed to by the Civilian the Regulatory Secretariat at 202–501–
Agency Acquisition Council and the 4755. Please cite FAC 2005–96, FAR
[Docket No. FAR 2017–0051, Sequence Defense Acquisition Regulations Case 2017–015.
No. 1] Council (Councils) in this Federal
Acquisition Circular (FAC) 2005–96. A
Federal Acquisition Regulation;
companion document, the Small Entity
Federal Acquisition Circular 2005–96;
Compliance Guide (SECG), follows this
Introduction
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.
RULE LISTED IN FAC 2005–96
Subject FAR case Analyst
Removal of Fair Pay and Safe Workplaces Rule ............................................................................................... 2017–015 Delgado.
SUPPLEMENTARY INFORMATION: Summary the Secretary of Defense, the DEPARTMENT OF DEFENSE
for the FAR rule follows. For the actual Administrator of General Services, and
revisions and/or amendments made by the Administrator for the National GENERAL SERVICES
this FAR case, refer to the specific item Aeronautics and Space Administration. ADMINISTRATION
number and subject set forth in the Unless otherwise specified, all
document following this item summary. NATIONAL AERONAUTICS AND
Federal Acquisition Regulation (FAR) SPACE ADMINISTRATION
FAC 2005–96 amends the FAR as
and other directive material contained
specified below:
in FAC 2005–96 is effective November 48 CFR Chapter 1
Removal of Fair Pay and Safe 6, 2017.
Workplaces Rule (FAR Case 2017–015)
Dated: October 23, 2017. [Docket No. FAR 2017–0051, Sequence
This final rule rescinds the final rule Shay D. Assad, No. 1]
at 81 FR 58562 (August 25, 2016). This
Director, Defense Pricing/Defense,
was FAR Case 2014–025, Fair Pay and Federal Acquisition Regulation;
Procurement and Acquisition Policy.
Safe Workplaces, which was a Federal Acquisition Circular 2005–96;
significant rule under Executive Order Dated: October 11, 2017. Small Entity Compliance Guide
(E.O.) 12866 and a major rule under 5 Jeffrey A. Koses,
AGENCY: Department of Defense (DoD),
U.S.C. 804. Because of a Federal court Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
General Services Administration (GSA),
injunction, the only provision or clause
Services Administration. and National Aeronautics and Space
that had gone into effect was FAR
Administration (NASA).
52.222–60, Paycheck Transparency Dated: October 3, 2017.
(Executive Order 13673), which was ACTION: Small Entity Compliance Guide.
William P. McNally,
included in solicitations starting on Assistant Administrator, Office of SUMMARY: This document is issued
January 1, 2017. On March 27, 2017, Procurement National Aeronautics and Space under the joint authority of DOD, GSA,
Public Law 115–11 disapproved the rule Administration. and NASA. This Small Entity
under the Congressional Review Act. [FR Doc. 2017–23589 Filed 11–3–17; 8:45 am] Compliance Guide has been prepared in
Therefore, by law, the rule has no force accordance with section 212 of the
BILLING CODE 6820–EP–P
or effect, including the FAR 52.222–60 Small Business Regulatory Enforcement
clause. Also on March 27, 2017, E.O. Fairness Act of 1996. It consists of a
13782, Revocation of Federal summary of the rule appearing in
Contracting Executive Orders, rescinded Federal Acquisition Circular (FAC)
the E.O.s that originally authorized the 2005–96, which amends the Federal
rule. All steps should be taken to ensure Acquisition Regulation (FAR). An
that no sections, provisions, or clauses asterisk (*) next to a rule indicates that
of the final rule are implemented. a regulatory flexibility analysis has been
Pmangrum on DSK3GDR082PROD with RULES2
Dated: October 11, 2017. prepared. Interested parties may obtain
William F. Clark, further information regarding this rule
Director, Office of Government-wide by referring to FAC 2005–96, which
Acquisition Policy, Office of Acquisition precedes this document. These
Policy, Office of Governmentwide Policy. documents are also available via the
Federal Acquisition Circular (FAC) Internet at http://www.regulations.gov.
2005–96 is issued under the authority of DATES: November 6, 2017.
VerDate Sep<11>2014 14:53 Nov 03, 2017 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\06NOR2.SGM 06NOR2](https://thefederalregister.org/doc/82_FR_51739/page/1.svg)
![Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 51527
FOR FURTHER INFORMATION CONTACT: Ms. content. For information pertaining to 4755. Please cite FAC 2005–96, FAR
Zenaida Delgado, Procurement Analyst, status or publication schedules, contact Case 2017–015.
at 202–969–7207 for clarification of the Regulatory Secretariat at 202–501–
RULE LISTED IN FAC 2005–96
Subject FAR case Analyst
Removal of Fair Pay and Safe Workplaces Rule ............................................................................................... 2017–015 Delgado.
SUPPLEMENTARY INFORMATION: Summary DEPARTMENT OF DEFENSE The FAR Case final rule was
for the FAR rule follows. For the actual published in the Federal Register on
revisions and/or amendments made by GENERAL SERVICES August 25, 2016, at 81 FR 58562. It was
this FAR case, refer to the specific item ADMINISTRATION to be effective on October 25, 2016.
number and subject set forth in the Certain aspects of the rule were to be
document following this item summary. NATIONAL AERONAUTICS AND phased in. For example, the clause at
FAC 2005–96 amends the FAR as SPACE ADMINISTRATION FAR 52.222–60, Paycheck Transparency
specified below: (Executive Order 13673), was to be
48 CFR Parts 1, 4, 9, 17, 22, 42, and 52 inserted in solicitations starting January
Removal of Fair Pay and Safe 1, 2017, if the estimated value of the
[FAC 2005–96; FAR Case 2017–015; Docket
Workplaces Rule (FAR Case 2017–015) No. 2017–0002; Sequence No. 1] resultant contract was to exceed
$500,000.
This final rule rescinds the final rule RIN 9000–AN52 The Department of Labor (DOL)
at 81 FR 58562 (August 25, 2016). This published ‘‘Guidance for Executive
was FAR Case 2014–025, Fair Pay and Federal Acquisition Regulation; Order 13673, ‘Fair Pay and Safe
Safe Workplaces, which was a Removal of Fair Pay and Safe Workplaces’’’ on the same day as the
significant rule under Executive Order Workplaces Rule FAR final rule was published (81 FR
(E.O.) 12866 and a major rule under 5 AGENCIES: Department of Defense (DoD), 58653).
U.S.C. 804. Because of a Federal court General Services Administration (GSA), B. Injunction and Federal Acquisition
injunction, the only provision or clause and National Aeronautics and Space Regulatory Council Memorandum
that had gone into effect was FAR Administration (NASA).
52.222–60, Paycheck Transparency ACTION: Final rule.
On October 7, 2016, the Associated
(Executive Order 13673), which was Builders and Contractors of Southeast
included in solicitations starting on SUMMARY: DoD, GSA, and NASA are Texas, Inc., the Associated Builders and
January 1, 2017. On March 27, 2017, issuing a final rule amending the Contractors, Inc., and the National
Public Law 115–11 disapproved the rule Federal Acquisition Regulation (FAR) to Association of Security Companies filed
implement a public law that a lawsuit in the United States District
under the Congressional Review Act.
disapproved the final rule, Fair Pay and Court for the Eastern District of Texas
Therefore, by law, the rule has no force
Safe Workplaces (FAR Case 2014–025), (Civil Action No. 1:16–CV–425) seeking
or effect, including the FAR 52.222–60 to overturn the final rule. On October
and an Executive Order (E.O.) dated
clause. Also on March 27, 2017, E.O. 13, 2016, the plaintiffs filed an
March 27, 2017, that rescinded the prior
13782, Revocation of Federal ‘‘Emergency Motion for Temporary
Executive orders authorizing that rule.
Contracting Executive Orders, rescinded Restraining Order and Preliminary
DATES:
the E.O.s that originally authorized the Injunction.’’
Effective date: November 6, 2017.
rule. All steps should be taken to ensure Applicability dates: See section I.F of On October 24, 2016, the District
that no sections, provisions, or clauses the SUPPLEMENTARY INFORMATION. Court issued a ‘‘Memorandum and
of the final rule are implemented. FOR FURTHER INFORMATION CONTACT: Ms. Order Granting Preliminary Injunction.’’
Dated: October 11, 2017. Zenaida Delgado, Procurement Analyst, The Court Order (on page 31) stated:
at 202–969–7207 for clarification of ‘‘Defendants are enjoined [from]
William F. Clark,
content. For information pertaining to implementing any portion of the FAR
Director, Office of Government-wide Rule or the DOL Guidance relating to
Acquisition Policy, Office of Acquisition status or publication schedules, contact
the Regulatory Secretariat Division at the new reporting and disclosure
Policy, Office of Governmentwide Policy.
202–501–4755. Please cite FAC 2005– requirements regarding labor law
[FR Doc. 2017–23598 Filed 11–3–17; 8:45 am]
96, FAR Case 2017–015. violations as described in E.O. 13673
BILLING CODE 6820–EP–P and implemented in the FAR Rule and
SUPPLEMENTARY INFORMATION:
DOL Guidance. Further, Defendants are
I. Background enjoined from enforcing the restriction
on arbitration agreements.’’
A. The FAR Rule Implementing E.O. The Court Order did not enjoin the
13673 Paycheck Transparency clause, FAR
FAR Case 2014–025 implemented 52.222–60. Starting January 1, 2017, this
Pmangrum on DSK3GDR082PROD with RULES2
E.O. 13673, Fair Pay and Safe clause was prescribed for solicitations if
Workplaces, dated July 31, 2014 (79 FR the estimated value of the resultant
45309, August 5, 2014), amended by contract would exceed $500,000.
section 3 of E.O. 13683, dated December On October 25, 2016, the Federal
11, 2014 (79 FR 75041, December 16, Acquisition Regulatory Council issued a
2014) and E.O. 13738, dated August 23, memorandum to the Chief Acquisition
2016 (81 FR 58807, August 26, 2016). Officers, Senior Procurement
VerDate Sep<11>2014 14:53 Nov 03, 2017 Jkt 244001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\06NOR2.SGM 06NOR2](https://thefederalregister.org/doc/82_FR_51739/page/2.svg)
Document Created: 2017-11-07 10:30:21
Document Modified: 2017-11-07 10:30:21
| 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 | November 6, 2017. | |
| 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 at 202-501-4755. Please cite FAC 2005-96, FAR Case 2017- 015. | |
| FR Citation | 82 FR 51526 |
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