83 FR 42568 - Federal Acquisition Regulation: Federal Acquisition Circular 2005-100; Introduction
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 83, Issue 163 (August 22, 2018)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 83, Issue 163 (August 22, 2018)
| Page Range | 42568-42569 | |
| FR Document | 2018-17822 |
[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)] [Rules and Regulations] [Pages 42568-42569] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17822] [[Page 42567]] Vol. 83 Wednesday, No. 163 August 22, 2018 Part II Department of Defense ----------------------------------------------------------------------- General Services Administration ----------------------------------------------------------------------- National Aeronautics and Space Administration ----------------------------------------------------------------------- 48 CFR Chapter 1, et al. Federal Acquisition Regulations; Final Rules Federal Register / Vol. 83 , No. 163 / Wednesday, August 22, 2018 / Rules and Regulations [[Page 42568]] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket No. FAR 2018-0001, Sequence No. 4] Federal Acquisition Regulation: Federal Acquisition Circular 2005-100; Introduction AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Summary presentation of 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) 2005-100. 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 2005-100 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 2005-100 ------------------------------------------------------------------------ Item Subject FAR case Analyst ------------------------------------------------------------------------ I........... Paid Sick Leave for 2017-001 Delgado. Federal Contractors. II.......... Non-Retaliation for 2016-007 Delgado. Disclosure of Compensation Information. III......... Technical Amendments.... ------------------------------------------------------------------------ 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 2005-100 amends the FAR as follows: Item I--Paid Sick Leave for Federal Contractors (FAR Case 2017-001) DoD, GSA, and NASA are converting to a final rule, without change, an interim rule that amended the Federal Acquisition Regulation (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 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. This FAR rule neither increases nor decreases the cost of the interim rule (81 FR 91627), which has been in effect since January 1, 2017. Item II--Non-Retaliation for Disclosure of Compensation Information (FAR Case 2016-007) DoD, GSA, and NASA are converting to a final rule, without change, an interim rule that amended the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13665, Non-Retaliation for Disclosure of Compensation Information. E.O. 13665, signed April 8, 2014, amended E.O. 11246, Equal Opportunity in Federal Employment. The interim FAR rule also implemented a final rule issued by the Office of Federal Contract Compliance Programs (OFCCP) of the Department of Labor, entitled Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions, which was published on September 11, 2015. E.O. 11246, originally issued September 24, 1965, establishes nondiscrimination and affirmative action obligations in employment for Federal contractors and subcontractors. It prohibits employment discrimination because of race, color, religion, sex, sexual orientation, gender identity, and national origin. E.O. 13665 amends E.O. 11246 and its Equal Opportunity Clause by incorporating, as a covered prohibition, discriminating against employees and job applicants who inquire about, discuss, or disclose the compensation of the employee or applicant or another employee or applicant. Federal contractors and subcontractors must disseminate this nondiscrimination provision, using language prescribed by the Director of OFCCP, including incorporating the provision into existing employee manuals or handbooks and posting it. There is no significant impact on small entities imposed by the FAR rule. Item III--Technical Amendments Editorial changes and updates to web links are made at FAR 2.101, 4.1603, 4.1702, 5.102, 5.201, 5.207, 5.704, 5.705, 6.305, 7.103, 7.105, 7.107-4, 8.405-6, 8.501, 8.602, 9.406-3, 9.407-3, 14.201-2, 16.505, 17.502-1, 18.205, 19.704, 19.1503, 22.001, 22.404-3, 22.1001, 22.1021, 22.1022, 22.1304, 23.202, 23.203, 23.205, 23.401, 23.405, 23.802, 25.003, 25.703-2, 28.106-1, 28.106-3, 28.203-3, 28.204-3, 31.205-6, 36.104, 36.700, 41.301, 49.602, 52.208-8, 52.212-1, 52.212-3, 52.212-5, 52.213-4, 52.219-9, 52.222-6, 52.222-8, 52.222-30, 52.222-31, 52.222- 32, 52.222-41, 52.222-43, 52.223-17, 52.225-5, 52.225-18, 52.225-25, 52.228-11, 52.243-1, 52.244-6, 53.000, 53.102, 53.209-1, 53.228, 53.249 and subpart 53.3. Dated: July 31, 2018. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Federal Acquisition Circular (FAC) 2005-100 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 2005-100 is effective August 22, 2018. [[Page 42569]] Dated: August 1, 2018. Shay D. Assad, Director, Defense Pricing/Defense Procurement and Acquisition Policy. Dated: August 14, 2018. Jeffrey A. Koses, Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, U.S. General Services Administration. Dated: August 2, 2018. William G. Roets, II, Acting Assistant Administrator, Office of Procurement, National Aeronautics and Space Administration. [FR Doc. 2018-17822 Filed 8-21-18; 8:45 am] BILLING CODE 6820-EP-P
![42568 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / 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 final FOR FURTHER INFORMATION CONTACT: The
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 2005–100 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 2018–0001, Sequence No. Defense Acquisition Regulations Regulatory Secretariat Division at 202–
4] Council (Councils) in this Federal 501–4755.
Acquisition Circular (FAC) 2005–100. A
Federal Acquisition Regulation:
Federal Acquisition Circular 2005–100; 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 2005–100
Item Subject FAR case Analyst
I ......... Paid Sick Leave for Federal Contractors ....................................................................................................... 2017–001 Delgado.
II ........ Non-Retaliation for Disclosure of Compensation Information ........................................................................ 2016–007 Delgado.
III ....... Technical Amendments.
SUPPLEMENTARY INFORMATION: Compensation Information. E.O. 13665, 6.305, 7.103, 7.105, 7.107–4, 8.405–6,
Summaries for each FAR rule follow. signed April 8, 2014, amended E.O. 8.501, 8.602, 9.406–3, 9.407–3, 14.201–
For the actual revisions and/or 11246, Equal Opportunity in Federal 2, 16.505, 17.502–1, 18.205, 19.704,
amendments made by these rules, refer Employment. The interim FAR rule also 19.1503, 22.001, 22.404–3, 22.1001,
to the specific item numbers and implemented a final rule issued by the 22.1021, 22.1022, 22.1304, 23.202,
subjects set forth in the documents Office of Federal Contract Compliance 23.203, 23.205, 23.401, 23.405, 23.802,
following these item summaries. FAC Programs (OFCCP) of the Department of 25.003, 25.703–2, 28.106–1, 28.106–3,
2005–100 amends the FAR as follows: Labor, entitled Government Contractors, 28.203–3, 28.204–3, 31.205–6, 36.104,
Prohibitions Against Pay Secrecy 36.700, 41.301, 49.602, 52.208–8,
Item I—Paid Sick Leave for Federal
Policies and Actions, which was 52.212–1, 52.212–3, 52.212–5, 52.213–4,
Contractors (FAR Case 2017–001)
published on September 11, 2015. 52.219–9, 52.222–6, 52.222–8, 52.222–
DoD, GSA, and NASA are converting E.O. 11246, originally issued
30, 52.222–31, 52.222–32, 52.222–41,
to a final rule, without change, an September 24, 1965, establishes
52.222–43, 52.223–17, 52.225–5,
interim rule that amended the Federal nondiscrimination and affirmative
Acquisition Regulation (FAR) to 52.225–18, 52.225–25, 52.228–11,
action obligations in employment for
implement Executive Order (E.O.) 13706 Federal contractors and subcontractors. 52.243–1, 52.244–6, 53.000, 53.102,
and a Department of Labor final rule It prohibits employment discrimination 53.209–1, 53.228, 53.249 and subpart
issued on September 30, 2016, both because of race, color, religion, sex, 53.3.
entitled Establishing Paid Sick Leave for sexual orientation, gender identity, and Dated: July 31, 2018.
Federal Contractors. The rule requires national origin. E.O. 13665 amends E.O. William F. Clark,
contractors to allow all employees 11246 and its Equal Opportunity Clause Director, Office of Government-wide
performing work on or in connection by incorporating, as a covered Acquisition Policy, Office of Acquisition
with a contract covered by the E.O. to prohibition, discriminating against Policy, Office of Government-wide Policy.
accrue and use paid sick leave in employees and job applicants who
Federal Acquisition Circular (FAC) 2005–
accordance with E.O. 13706 and 29 CFR inquire about, discuss, or disclose the 100 is issued under the authority of the
part 13. Contracting officers will include compensation of the employee or Secretary of Defense, the Administrator of
a clause in covered contracts. This FAR applicant or another employee or General Services, and the Administrator for
rule neither increases nor decreases the applicant. Federal contractors and the National Aeronautics and Space
cost of the interim rule (81 FR 91627), subcontractors must disseminate this Administration.
which has been in effect since January nondiscrimination provision, using Unless otherwise specified, all Federal
1, 2017. language prescribed by the Director of Acquisition Regulation (FAR) and other
OFCCP, including incorporating the directive material contained in FAC 2005–
Item II—Non-Retaliation for Disclosure
provision into existing employee 100 is effective August 22, 2018.
of Compensation Information (FAR
manuals or handbooks and posting it.
Case 2016–007)
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There is no significant impact on small
DoD, GSA, and NASA are converting entities imposed by the FAR rule.
to a final rule, without change, an
interim rule that amended the Federal Item III—Technical Amendments
Acquisition Regulation (FAR) to Editorial changes and updates to web
implement Executive Order (E.O.) links are made at FAR 2.101, 4.1603,
13665, Non-Retaliation for Disclosure of 4.1702, 5.102, 5.201, 5.207, 5.704, 5.705,
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![Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations 42569
Dated: August 1, 2018. Register at 80 FR 54697 on September III. Executive Orders 12866 and 13563
Shay D. Assad, 10, 2015. The E.O. seeks to increase Executive Orders (E.O.s) 12866 and
Director, Defense Pricing/Defense efficiency and cost savings in the work 13563 direct agencies to assess all costs
Procurement and Acquisition Policy. performed by parties who contract with and benefits of available regulatory
Dated: August 14, 2018. the Federal Government by ensuring alternatives and, if regulation is
Jeffrey A. Koses, that employees on those contracts can necessary, to select regulatory
Senior Procurement Executive/Deputy CAO, earn up to 7 days or more of paid sick approaches that maximize net benefits
Office of Acquisition Policy, U.S. General leave annually, including paid sick (including potential economic,
Services Administration. leave for family care. The interim FAR environmental, public health and safety
Dated: August 2, 2018. rule also implemented the final rule effects, distributive impacts, and
William G. Roets, II, issued by the Wage and Hour Division equity). E.O. 13563, Improving
Acting Assistant Administrator, Office of
of the Department of Labor (DOL) to Regulation and Regulatory Review,
Procurement, National Aeronautics and implement E.O. 13706. The DOL final emphasizes the importance of
Space Administration. rule, entitled ‘‘Establishing Paid Sick quantifying both costs and benefits, of
[FR Doc. 2018–17822 Filed 8–21–18; 8:45 am] Leave for Federal Contractors’’, was reducing costs, of harmonizing rules,
BILLING CODE 6820–EP–P
published in the Federal Register at 81 and of promoting flexibility. This is not
FR 67598 on September 30, 2016. Seven a significant regulatory action and,
respondents submitted comments on the therefore, was not subject to review
DEPARTMENT OF DEFENSE interim FAR rule. under section 6(b) of E.O. 12866,
II. Discussion and Analysis Regulatory Planning and Review, dated
GENERAL SERVICES September 30, 1993. This rule is not a
ADMINISTRATION The Civilian Agency Acquisition major rule under 5 U.S.C. 804.
Council and the Defense Acquisition
NATIONAL AERONAUTICS AND Regulations Council (the Councils) IV. Executive Order 13771
SPACE ADMINISTRATION reviewed the comments in the This rule is not subject to E.O. 13771,
development of the final rule. A Reducing Regulation and Controlling
48 CFR Parts 1, 11, 22, and 52 discussion of the comments is provided Regulatory Costs, because this rule is
[FAC 2005–100; FAR Case 2017–001, Item as follows: not a significant regulatory action under
I; Docket No. 2017–0001; Sequence No. 1] E.O. 12866.
A. Summary of Significant Changes
RIN 9000–AN27 V. Regulatory Flexibility Act
There are no changes to the interim
rule. DoD, GSA, and NASA have prepared
Federal Acquisition Regulation; Paid a Final Regulatory Flexibility Analysis
Sick Leave for Federal Contractors B. Analysis of Public Comments (FRFA) consistent with the Regulatory
AGENCY: Department of Defense (DoD), Flexibility Act, 5 U.S.C. 601 et seq. The
Comment: Six respondents strongly
General Services Administration (GSA), FRFA is summarized as follows:
supported the interim FAR rule. The
and National Aeronautics and Space respondents stated that the interim rule DoD, GSA, and NASA are converting to a
Administration (NASA). is necessary to guarantee more workers final rule, without change, an interim rule
ACTION: Final rule. that amended the Federal Acquisition
the job and economic security that paid Regulation (FAR) to implement Executive
sick days provide, reduce workplace Order (E.O.) 13706, Establishing Paid Sick
SUMMARY: DoD, GSA, and NASA are
contagion, and increase productivity Leave for Federal Contractors, dated
adopting as final, without change, an
and retention. The respondents also September 7, 2015, and associated
interim rule amending the Federal Department of Labor (DOL) regulatory
presented rationale as to why the
Acquisition Regulation (FAR) to requirements at 29 CFR part 13. DOL
interim rule will benefit businesses,
implement the Executive Order (E.O.), published a final regulatory flexibility
individual workers, taxpayers, and the
Establishing Paid Sick Leave for Federal analysis in their final rule (81 FR 67598 at
economy.
Contractors. The interim rule also 67703).
implemented a final rule issued by the Response: Noted. The FAR rule established requirements for
Department of Labor. Comment: One respondent provided a contractors under contracts containing the
clauses at FAR 52.222–6, Construction Wage
DATES: Effective: August 22, 2018. scenario and asked whether in that
Rate Requirements, or FAR 52.222–41,
FOR FURTHER INFORMATION CONTACT: Ms. instance the contract was subject to the Service Contract Labor Standards, i.e.,
Zenaida Delgado, Procurement Analyst, requirements of this FAR rule. The ‘‘covered contracts,’’ to allow employees to
at 202–969–7207 for clarification of respondent described a contract action accrue and use paid sick leave in accordance
content. For information pertaining to extending the term of the contract by with E.O. 13706 and 29 CFR part 13.
status or publication schedules, contact exercising an option adjusting the price Contractors must also include a paid sick
for escalations in labor rates. leave contract clause in covered subcontracts
the Regulatory Secretariat Division at and require covered subcontractors to
202–501–4755. Please cite FAC 2005– Response: According to DOL (see include the substance of the clause in
100, FAR Case 2017–001. Notice of Proposed Rulemaking, 81 FR covered lower-tier contracts.
SUPPLEMENTARY INFORMATION: 9592, published February 25, 2016), No public comments were received in
unilateral exercise of a contract option response to the initial regulatory flexibility
I. Background that has pre-negotiated prices that are analysis.
This rule applies to contracts and
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DoD, GSA, and NASA published an subject to adjustment due to escalation
interim rule in the Federal Register at in labor rates is not a new contract subcontracts at all tiers covered by the
Service Contract Labor Standards statute, or
81 FR 91627 on December 16, 2016, to covered by E.O. 13706, as implemented the Wage Rate Requirements (Construction)
implement E.O. 13706, Establishing in the DOL rule and FAR rule, as long statute, which require performance in whole
Paid Sick Leave for Federal Contractors. as no bilateral negotiations occur (other or in part within the United States. For
The E.O. was signed September 7, 2015, than any necessary to determine and procurement contracts where employees’
and was published in the Federal effectuate those pricing adjustments). wages are governed by the Fair Labor
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Document Created: 2018-08-22 00:38:16
Document Modified: 2018-08-22 00:38:16
| 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 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 2005-100 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 | 83 FR 42568 |
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