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)

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.

[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]]

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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.

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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]
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