83 FR 42579 - Federal Acquisition Regulation: Federal Acquisition Circular 2005-100; Small Entity Compliance Guide
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 | 42579-42579 | |
| FR Document | 2018-17838 |
[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)] [Rules and Regulations] [Page 42579] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17838] [[Page 42579]] ----------------------------------------------------------------------- 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; 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 consistent 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) 2005-100, 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 2005-100, which precedes this document. These documents are also available via the internet at http://www.regulations.gov. DATES: August 22, 2018. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-100 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 2005-100 ---------------------------------------------------------------------------------------------------------------- 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. [FR Doc. 2018-17838 Filed 8-21-18; 8:45 am] BILLING CODE 6820-EP-P
![Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations 42579
DEPARTMENT OF DEFENSE and National Aeronautics and Space further information regarding these
Administration (NASA). rules by referring to FAC 2005–100,
GENERAL SERVICES ACTION: Small Entity Compliance Guide. which precedes this document. These
ADMINISTRATION documents are also available via the
SUMMARY: This document is issued internet at http://www.regulations.gov.
NATIONAL AERONAUTICS AND under the joint authority of DoD, GSA,
SPACE ADMINISTRATION and NASA. This Small Entity DATES: August 22, 2018.
Compliance Guide has been prepared FOR FURTHER INFORMATION CONTACT: For
48 CFR Chapter 1 consistent with section 212 of the Small clarification of content, contact the
Business Regulatory Enforcement
[Docket No. FAR 2018–0001, Sequence No. analyst whose name appears in the table
Fairness Act of 1996. It consists of a
4] below. Please cite FAC 2005–100 and
summary of the rules appearing in
Federal Acquisition Circular (FAC) the FAR case number. For information
Federal Acquisition Regulation: pertaining to status or publication
Federal Acquisition Circular 2005–100; 2005–100, which amends the Federal
Acquisition Regulation (FAR). An schedules, contact the Regulatory
Small Entity Compliance Guide Secretariat Division at 202–501–4755.
asterisk (*) next to a rule indicates that
AGENCY: Department of Defense (DoD), a regulatory flexibility analysis has been
General Services Administration (GSA), prepared. Interested parties may obtain
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: interim rule that amended the Federal provision into existing employee
Summaries for each FAR rule follow. Acquisition Regulation (FAR) to manuals or handbooks and posting it.
For the actual revisions and/or implement Executive Order (E.O.) There is no significant impact on small
amendments made by these rules, refer 13665, Non-Retaliation for Disclosure of entities imposed by the FAR rule.
to the specific item numbers and Compensation Information. E.O. 13665,
subjects set forth in the documents signed April 8, 2014, amended E.O. Item III—Technical Amendments
following these item summaries. FAC 11246, Equal Opportunity in Federal Editorial changes and updates to web
2005–100 amends the FAR as follows: Employment. The interim FAR rule also
links are made at FAR 2.101, 4.1603,
implemented a final rule issued by the
Item I—Paid Sick Leave for Federal 4.1702, 5.102, 5.201, 5.207, 5.704, 5.705,
Office of Federal Contract Compliance
Contractors (FAR Case 2017–001) 6.305, 7.103, 7.105, 7.107–4, 8.405–6,
Programs (OFCCP) of the Department of
DoD, GSA, and NASA are converting Labor, entitled Government Contractors, 8.501, 8.602, 9.406–3, 9.407–3, 14.201–
to a final rule, without change, an Prohibitions Against Pay Secrecy 2, 16.505, 17.502–1, 18.205, 19.704,
interim rule that amended the Federal Policies and Actions, which was 19.1503, 22.001, 22.404–3, 22.1001,
Acquisition Regulation (FAR) to published on September 11, 2015. 22.1021, 22.1022, 22.1304, 23.202,
implement Executive Order (E.O.) 13706 E.O. 11246, originally issued 23.203, 23.205, 23.401, 23.405, 23.802,
and a Department of Labor final rule September 24, 1965, establishes 25.003, 25.703–2, 28.106–1, 28.106–3,
issued on September 30, 2016, both nondiscrimination and affirmative 28.203–3, 28.204–3, 31.205–6, 36.104,
entitled Establishing Paid Sick Leave for action obligations in employment for 36.700, 41.301, 49.602, 52.208–8,
Federal Contractors. The rule requires Federal contractors and subcontractors. 52.212–1, 52.212–3, 52.212–5, 52.213–4,
contractors to allow all employees It prohibits employment discrimination 52.219–9, 52.222–6, 52.222–8, 52.222–
performing work on or in connection because of race, color, religion, sex, 30, 52.222–31, 52.222–32, 52.222–41,
with a contract covered by the E.O. to sexual orientation, gender identity, and 52.222–43, 52.223–17, 52.225–5,
accrue and use paid sick leave in national origin. E.O. 13665 amends E.O. 52.225–18, 52.225–25, 52.228–11,
accordance with E.O. 13706 and 29 CFR 11246 and its Equal Opportunity Clause 52.243–1, 52.244–6, 53.000, 53.102,
part 13. Contracting officers will include by incorporating, as a covered 53.209–1, 53.228, 53.249 and subpart
a clause in covered contracts. This FAR prohibition, discriminating against 53.3.
rule neither increases nor decreases the employees and job applicants who
cost of the interim rule (81 FR 91627), Dated: July 31, 2018.
inquire about, discuss, or disclose the
which has been in effect since January compensation of the employee or William F. Clark,
1, 2017. applicant or another employee or Director, Office of Government-wide
applicant. Federal contractors and Acquisition Policy, Office of Acquisition
Item II—Non-Retaliation for Disclosure Policy, Office of Government-wide Policy.
of Compensation Information (FAR subcontractors must disseminate this
Case 2016–007) nondiscrimination provision, using [FR Doc. 2018–17838 Filed 8–21–18; 8:45 am]
amozie on DSK3GDR082PROD with RULES2
language prescribed by the Director of BILLING CODE 6820–EP–P
DoD, GSA, and NASA are converting OFCCP, including incorporating the
to a final rule, without change, an
VerDate Sep<11>2014 17:01 Aug 21, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4701 Sfmt 9990 E:\FR\FM\22AUR2.SGM 22AUR2](https://thefederalregister.org/doc/83_FR_42742/page/1.svg)
Document Created: 2018-08-22 00:39:14
Document Modified: 2018-08-22 00:39:14
| 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 | August 22, 2018. | |
| Contact | For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-100 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. | |
| FR Citation | 83 FR 42579 |
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