[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)] [Rules and Regulations] [Pages 69291-69292] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-32808] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE 48 CFR Parts 9, 13, 23, and 52 [FAC 90-44; FAR Case 96-311; Item IV] RIN 9000-AH06 Federal Acquisition Regulation; Certification Requirements--Drug- Free Workplace AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).
Action
Final rule.
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Summary
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to delete the requirement for an offeror to provide a certification regarding a drug-free workplace. This regulatory action was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This is not a major rule under 5 U.S.C. 804.
EFFECTIVE DATE: January 1, 1997.
For Further Information Contact
Mr. Ralph DeStefano at (202) 501-1758 in reference to this FAR case. For general information, contact the FAR Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501- 4755. Please cite FAC 90-44, FAR case 96-311.
Supplementary Information
A. Background
This final rule implements Section 4301(a)(3) of the Clinger-Cohen Act of 1996 (Pub. L. 104-106). Section 4301(a)(3) amended 41 U.S.C. 701 to eliminate the requirement for an offeror to certify that it will take certain actions to provide a drug-free workplace. A proposed rule with request for public comment was published in the Federal Register at 61 FR 31814, June 20, 1996. No substantive comments were received. The final rule includes only editorial changes to the proposed rule.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because, although the rule eliminates a certification requirement, the underlying policy regarding maintenance of a drug-free workplace has not changed.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to the FAR do not impose recordkeeping or information collection requirements, or collections of information from offerors, contractors, or members of the public which require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 9, 13, 23, and 52
Government procurement.
Dated: December 19, 1996. Edward C. Loeb, Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 9, 13, 23, and 52 are amended as set forth below: 1. The authority citation for 48 CFR Parts 9, 13, 23, and 52 continues to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).
PART 9--CONTRACTOR QUALIFICATIONS
2. Section 9.406-2 is amended by revising paragraph (b)(1)(ii) to read as follows:
9.406-2 Causes for debarment.
* * * * * (b)(1) * * * (ii) Violations of the Drug-Free Workplace Act of 1988 (Public Law 100-690), as indicated by-- (A) Failure to comply with the requirements of the clause at 52.223-6, Drug-Free Workplace; or (B) Such a number of contractor employees convicted of violations of criminal drug statutes occurring in the workplace as to indicate that the contractor has failed to make a good faith effort to provide a drug-free workplace (see 23.504). * * * * * 3. Section 9.407-2 is amended by revising paragraph (a)(4) to read as follows:
9. 407-2 Causes for suspension.
(a) * * * (4) Violations of the Drug-Free Workplace Act of 1988 (Public Law 100-690), as indicated by-- (i) Failure to comply with the requirements of the clause at 52.223-6, Drug-Free Workplace; or (ii) Such a number of contractor employees convicted of violations of criminal drug statutes occurring in the workplace as to indicate that the contractor has failed to make a good
faith effort to provide a drug-free workplace (see 23.504); * * * * *
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.111 [Amended]
4. Section 13.111 is amended by removing paragraph (g) and redesignating paragraphs (h) and (i) as (g) and (h), respectively.
PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG- FREE WORKPLACE
5. Section 23.504 is amended by revising the introductory text of paragraph (a), paragraphs (a)(3) and (b); and by removing paragraph (c) and redesignating (d) as (c). The revised text reads as follows:
23.504 Policy.
(a) No offeror other than an individual shall be considered a responsible source (see 9.104-1(g) and 19.602-1(a)(2)(i)) for a contract that exceeds the simplified acquisition threshold, unless it agrees that it will provide a drug-free workplace by-- * * * * * (3) Providing all employees engaged in performance of the contract with a copy of the statement required by paragraph (a)(1) of this section; * * * * * (b) No individual shall be awarded a contract of any dollar value unless that individual agrees not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing the contract. * * * * * 5b. In addition to the amendments set forth above, section 23.504 is further amended by removing ``calendar'' from paragraphs (a)(4)(ii), (a)(5), (a)(6), and the newly designated paragraph (c). 6. Section 23.505 is amended by revising the section heading and the introductory text of paragraph (a); in paragraph (a)(2) by removing ``; or'' and inserting a period; and by removing paragraph (b), redesignating paragraph (c) as (b) and revising the introductory text of newly designated (b). The revised text reads as follows:
23.505 Contract clause.
(a) Contracting officers shall insert the clause at 52.223-6, Drug- Free Workplace, except as provided in paragraph (b) of this section, in solicitations and contracts-- * * * * * (b) Contracting officers shall not insert the clause at 52.223-6, Drug-Free Workplace, in solicitations and contracts, if-- * * * * * 7. Section 23.506 is amended by revising paragraph (d) to read as follows:
23.506 Suspension of payments, termination of contract, and debarment and suspension actions.
* * * * * (d) The specific causes for suspension of contract payments, termination of a contract for default, or suspension and debarment are-- (1) The contractor has failed to comply with the requirements of the clause at 52.223-6, Drug-Free Workplace; or (2) The number of contractor employees convicted of violations of criminal drug statutes occurring in the workplace indicates that the contractor has failed to make a good faith effort to provide a drug- free workplace. * * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.223-5 [Removed and reserved]
8. Section 52.223-5 is removed and reserved. 9a. Section 52.223-6 is amended-- (a) In the introductory paragraph by removing ``23.505(b)'' and inserting ``23.505''; (b) By revising the date of the clause heading; (c) In the introductory text of paragraph (a) by removing the comma following the word ``clause'' and inserting an emdash ``--''; (d) At the end of paragraph (b)(6)(ii) by removing the period and inserting ``; and''; (e) By revising paragraph (c); and (f) In paragraph (d) by removing the ``s'' from the word ``paragraphs''. The revised text reads as follows:
52.223-6 Drug-Free Workplace.
* * * * *
Drug-Free Workplace (Jan. 1997)
* * * * * (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract. * * * * * 9b. In addition to the amendments set forth above, section 52.223-6 is further amended by removing ``calendar'' from the introductory text of paragraph (b) each time it appears, from paragraphs (b)(4)(ii) and (b)(5), and the introductory paragraph of (b)(6).
[FR Doc. 96-32808 Filed 12-30-96; 8:45 am] BILLING CODE 6820-EP-M