[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Proposed Rules]
[Pages 31814-31815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15271]




[[Page 31813]]


_______________________________________________________________________

Part XII

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Part 9, et al.



Federal Acquisition Regulation; Certification Requirements--Drug-Free 
Workplace; Proposed Rule

  Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / 
Proposed Rules  

[[Page 31814]]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 9, 13, 23 and 52

[FAR Case 96-311]
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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council (CAAC) and the Defense 
Acquisition Regulations Council (DARC) are proposing to amend 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.

DATES: Comments should be submitted on or before August 19, 1996 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (MVRS), 18th & F 
Streets, NW, Room 4037, Washington, DC 20405.
    Please cite FAR case 96-311 in all correspondence related to this 
case.

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; telephone: 
(202) 501-4755. Please cite FAR case 96-311.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 4301(a) of the Fiscal Year 1996 Defense Authorization Act 
(Pub. L. 104-106) 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. The proposed rule revises FAR Subpart 23.5 to 
remove the requirement for the certification and removes the 
solicitation provision at FAR 52.223-5.

B. Regulatory Flexibility Act

    This proposed rule is not expected to 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. Although the rule 
eliminates a certification requirement, the underlying policy regarding 
maintenance of a drug-free workplace has not changed. An Initial 
Regulatory Flexibility Analysis has, therefore, not been performed. 
Comments from small entities concerning the affected FAR subpart will 
be considered in accordance with section 610 of the Act. Such comments 
must be submitted separately and should cite 5 U.S.C. 601, et seq., 
(FAR case 96-311), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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: May 12, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, it is proposed that 48 CFR parts 9, 13, 23 and 52 be 
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)(2) to read 
as follows:


9.406-2  Causes for debarment.

* * * * *
    (b) * * *
    (2) 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 having been 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 23.505).
* * * * *
    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 having been 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

    4. Section 13.111 is amended by revising paragraphs (h) and (i) and 
removing paragraph (j) to read as follows:


13.111  Inapplicable provisions and clauses.

* * * * *
    (h) 52.222-4, Contract Work Hours and Safety Standards Act--
Overtime Compensation; and
    (i) 52.223-6, Drug-Free Workplace, except for individuals.

PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE

    5. Section 23.504 is amended by revising the introductory text of 
paragraph (a); revising paragraph (b); removing paragraph (c); and 
redesignating paragraph (d) as (c) to read 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--
* * * * *
    (b) No individual shall be awarded a contract of any dollar value 
unless that individual agrees that the individual will not engage in 
the unlawful manufacture, distribution, dispensing, possession, or use 
of a controlled

[[Page 31815]]

substance in the performance of the contract.
* * * * *


23.504  [Amended]

    5b. In addition to the above, section 23.504 is amended by removing 
``calendar'' from the following places:
    (a) 23.504(a)(4)(ii);
    (b) 23.504(a)(5);
    (c) 23.504(a)(6) introductory text; and
    (d) newly designated 23.504(c).
    6. Section 23.505 is amended by revising the heading and the 
introductory text of paragraph (a); in paragraph (a)(2) by removing ``; 
or'' and inserting a period in its place; by removing paragraph (b), 
redesignating (c) as (b) and revising the introductory text of newly 
designated (b) to read 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  [Reserved]

    8. Section 52.223-5 is removed and reserved.


52.223-6  [Amended]

    9. Section 52.223-6 is amended in the introductory text by removing 
``(b)''.

[FR Doc. 96-15271 Filed 6-19-96; 8:45 am]
BILLING CODE 6820-EP-P