[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 9057-9059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4300]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 22 and 52

[FAC 97-04; FAR Case 95-602; Item IX]
RIN 9000-AH86


Federal Acquisition Regulation; Special Disabled and Vietnam Era 
Veterans

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 implement revised 
Department of Labor (DoL) regulations regarding affirmative action for 
employment of disabled veterans and veterans of the Vietnam era. This 
regulatory action was not subject to Office of Management and Budget 
review under Executive Order 12866, dated September 30, 1993, and is 
not a major rule under 5 U.S.C. 804.

EFFECTIVE DATE: April 24, 1998.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405 (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Jack O'Neill, Procurement Analyst, at (202) 501-
3856. Please cite FAC 97-04, FAR case 95-602.

SUPPLEMENTARY INFORMATION:

A. Background

    As a result of 1994 amendments to the Vietnam Veteran Readjustment 
Act, DoL published revisions to its regulations at 41 CFR 60-250 on 
January 5, 1995 (60 FR 1985), and corrections to these revisions on 
February 16, 1996 (61 FR 6116). This final rule amends the FAR to 
conform to the DoL revisions.

B. Regulatory Flexibility Act

    This final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. However, comments from small 
entities concerning the affected FAR subpart will be considered in 
accordance with 5 U.S.C. 610. Such comments must be submitted 
separately and should cite 5 U.S.C. 601, et seq. (FAC 97-04, FAR case 
95-602), in correspondence.

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 22 and 52

    Government procurement.

    Dated: February 13, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Parts 22 and 52 are amended as set forth below:
    1. The authority citation for 48 CFR Parts 22 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).

[[Page 9058]]

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

Subpart 22.13--Disabled Veterans and Veterans of the Vietnam Era

    2. The heading of Subpart 22.13 is revised to read as set forth 
above.
    3. Sections 22.1300 and 22.1301 are revised to read as follows:


22.1300  Scope of subpart.

    This subpart prescribes policies and procedures for implementing 
the Vietnam Era Veterans Readjustment Assistance Act of 1972, as 
amended (38 U.S.C. 4211 and 4212) (the Act); Executive Order 11701, 
January 24, 1973 (3 CFR 1971-1975 Comp., p. 752); and the regulations 
of the Secretary of Labor (41 CFR Part 60-250 and Part 61-250). In this 
subpart, the terms ``contract'' and ``contractor'' include 
``subcontract'' and ``subcontractor.''


22.1301  Policy.

    Government contractors, when entering into contracts subject to the 
Act, are required to list all employment openings, except those for 
executive and top management positions, positions to be filled from 
within the contractor's organization, and positions lasting 3 days or 
less, with the appropriate local employment service office. Contractors 
are required to take affirmative action to employ, and advance in 
employment, qualified disabled veterans and veterans of the Vietnam era 
without discrimination based on their disability or veteran's status.


22.1303  [Amended]

    4. Section 22.1303 is amended in the last sentence of paragraph (d) 
by removing the word ``calendar''.
    5. Section 22.1304 is amended by revising the first sentence of 
paragraph (b) to read as follows:


22.1304  Department of Labor notices and reports.

* * * * *
    (b) The Act requires contractors to submit a report at least 
annually to the Secretary of Labor regarding employment of Vietnam era 
and disabled veterans unless all of the terms of the clause at 52.222-
35, Affirmative Action for Disabled Veterans and Veterans of the 
Vietnam Era, have been waived (see 22.1303). * * *
* * * * *
    6. Section 22.1308 is amended by revising paragraphs (a)(1)(i) and 
(b) to read as follows:


22.1308  Contract clauses.

    (a)(1) * * *
    (i) Work is performed outside the United States by employees 
recruited outside the United States (for the purposes of this subpart, 
``United States'' includes the States, the District of Columbia, the 
Virgin Islands, the Commonwealth of Puerto Rico, and Guam); or
* * * * *
    (b) The contracting officer shall insert the clause at 52.222-37, 
Employment Reports on Disabled Veterans and Veterans of the Vietnam 
Era, in solicitations and contracts containing the clause at 52.222-35, 
Affirmative Action for Disabled Veterans and Veterans of the Vietnam 
Era.


22.1303, 22.1304, and 22.1306  [Amended]

    7a. In the list below, for each section listed in the left column, 
remove the title indicated in the middle column, and add the title 
indicated in the right column:

------------------------------------------------------------------------
           Section                   Remove                  Add        
------------------------------------------------------------------------
22.1303(a) introductory text  Director, Office of.  Deputy Assistant    
                                                     Secretary for.     
22.1303(a) introductory text  (Director)..........  (Deputy Assistant   
                                                     Secretary).        
22.1303(b)(1)...............  Director of OFCCP...  Deputy Assistant    
                                                     Secretary.         
22.1303(b)(2)...............  Director............  Deputy Assistant    
                                                     Secretary.         
22.1303(d)..................  Director............  Deputy Assistant    
                                                     Secretary.         
22.1304(a)..................  Director............  Deputy Assistant    
                                                     Secretary.         
22.1306, second sentence....  Director of the       Deputy Assistant    
                               Office of Federal     Secretary.         
                               Contract Compliance                      
                               Programs of the DOL.                     
------------------------------------------------------------------------

     7b. In addition to the amendments set forth above, in Subpart 
22.13 remove the phrase ``Affirmative Action for Special Disabled and 
Vietnam Era Veterans'' and add ``Affirmative Action for Disabled 
Veterans and Veterans of the Vietnam Era'' in the following places:

22.1302(b)
22.1303(a)  introductory text
22.1305
22.1307  introductory paragraph
22.1308(a)(1)  introductory text

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    8. Section 52.212-5 is amended by revising the date of the clause, 
and paragraphs (b)(7), (b)(9), and (e)(2) to read as follows:


52.212-5  Contract Terms and Conditions Required To Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *

Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders--Commercial Items (Apr 1998)

* * * * *
    (b) * * *
    (7) 52.222-35, Affirmative Action for Disabled Veterans and 
Veterans of the Vietnam Era (38 U.S.C. 4212).
* * * * *
    (9) 52.222-37, Employment Reports on Disabled Veterans and 
Veterans of the Vietnam Era (38 U.S.C. 4212).
* * * * *
    (e) * * *
    (2) 52.222-35, Affirmative Action for Disabled Veterans and 
Veterans of the Vietnam Era (38 U.S.C. 4212);
* * * * *
    9. Section 52.213-4 is amended by revising the clause date and 
paragraphs (b)(1)(iii) and (b)(1)(v) to read as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Items).

* * * * *

Terms and Conditions Simplified Acquisitions (Other than Commercial 
Items) (Apr 1998)

* * * * *
    (b)(1) * * *
* * * * *
    (iii) 52.222-35, Affirmative Action for Disabled Veterans and 
Veterans of the Vietnam Era (Apr 1998) (38 U.S.C. 4212) (Applies to 
contracts over $10,000).
* * * * *
    (v) 52.222-37, Employment Reports on Disabled Veterans and 
Veterans of the Vietnam Era (APR 1998) (38 U.S.C. 4212) (Applies to 
contracts over $10,000).
* * * * *
    10. Section 52.222-35 is amended--
    a. By revising the section heading, introductory paragraph, clause 
heading and date, and paragraph (a);
    b. By revising paragraph (b)(1) introductory text;
    c. In the first sentence of paragraph (c)(1) by removing the word 
``suitable'';

[[Page 9059]]

    d. In (c)(2) by removing the words ``their suitable'' and adding 
``employment'';
    e. In the first sentence of paragraph (c)(3) by removing the word 
``suitable'';
    f. By removing paragraph (c)(5);
    g. By revising paragraph (d);
    h. In paragraph (e)(1)(i) by removing the word ``special''; by 
revising (e)(2); and in (e)(3) by removing ``special disabled and 
Vietnam Era veterans'' and adding in its place ``disabled veterans and 
veterans of the Vietnam era'';
    i. In the second sentence of paragraph (g) by removing the word 
``Director'' and inserting in its place ``Deputy Assistant Secretary''; 
and
    j. By revising the introductory text of Alternate I. The revised 
text reads as follows:


52.222-35  Affirmative Action for Disabled Veterans and Veterans of the 
Vietnam Era.

    As prescribed in 22.1308(a)(1), insert the following clause:

Affirmative Action for Disabled Veterans and Veterans of the Vietnam 
ERA (Apr 1998)

    (a) Definitions. As used in this clause--
    All employment openings includes all positions except executive 
and top management, those positions that will be filled from within 
the contractor's organization, and positions lasting 3 days or less. 
This term includes full-time employment, temporary employment of 
more than 3 days' duration, and part-time employment.
    Appropriate office of the State employment service system means 
the local office of the Federal-State national system of public 
employment offices with assigned responsibility to serve the area 
where the employment opening is to be filled, including the District 
of Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin 
Islands.
    Positions that will be filled from within the Contractor's 
organization means employment openings for which no consideration 
will be given to persons outside the Contractor's organization 
(including any affiliates, subsidiaries, and parent companies) and 
includes any openings that the Contractor proposes to fill from 
regularly established ``recall'' lists. The exception does not apply 
to a particular opening once an employer decides to consider 
applicants outside of its organization.
    Veteran of the Vietnam era means a person who--
    (1) Served on active duty for a period of more than 180 days, 
any part of which occurred between August 5, 1964, and May 7, 1975, 
and was discharged or released therefrom with other than a 
dishonorable discharge; or
    (2) Was discharged or released from active duty for a service-
connected disability if any part of such active duty was performed 
between August 5, 1964, and May 7, 1975.
    (b) General. (1) Regarding any position for which the employee 
or applicant for employment is qualified, the Contractor shall not 
discriminate against the individual because the individual is a 
disabled veteran or a veteran of the Vietnam era. The Contractor 
agrees to take affirmative action to employ, advance in employment, 
and otherwise treat qualified disabled veterans and veterans of the 
Vietnam era without discrimination based upon their disability or 
veterans' status in all employment practices such as--
* * * * *
    (d) Applicability. This clause does not apply to the listing of 
employment openings that occur and are filled outside the 50 States, 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, and 
the Virgin Islands.
    (e) Postings. * * *
    (2) These notices shall be posted in conspicuous places that are 
available to employees and applicants for employment. They shall be 
in a form prescribed by the Deputy Assistant Secretary for Federal 
Contract Compliance Programs, Department of Labor (Deputy Assistant 
Secretary), and provided by or through the Contracting Officer.
* * * * *
    Alternate I (Apr 1984). As prescribed in 22.1308(a)(2), add the 
following as a preamble to the clause:
* * * * *
    11. Section 52.222-37 is amended--
    a. By revising the section heading, clause heading, and date of the 
clause;
    b. By revising the introductory text of paragraph (a);
    c. In paragraphs (a)(1) and (a)(2) by removing the word 
``special''; and
    d. By revising paragraph (e). The revised text reads as follows:


52.222-37  Employment Reports on Disabled Veterans and Veterans of the 
Vietnam Era.

* * * * *

Employment Reports on Disabled Veterans and Veterans of the Vietnam ERA 
(Apr 1998)

    (a) Unless the Contractor is a State or local government agency, 
the Contractor shall report at least annually, as required by the 
Secretary of Labor, on--
* * * * *
    (e) The count of veterans reported according to paragraph (a) of 
this clause shall be based on voluntary disclosure. Each Contractor 
subject to the reporting requirements at 38 U.S.C. 4212 shall invite 
all disabled veterans and veterans of the Vietnam era who wish to 
benefit under the affirmative action program at 38 U.S.C. 4212 to 
identify themselves to the Contractor. The invitation shall state 
that the information is voluntarily provided; that the information 
will be kept confidential; that disclosure or refusal to provide the 
information will not subject the applicant or employee to any 
adverse treatment; and that the information will be used only in 
accordance with the regulations promulgated under 38 U.S.C. 4212.
* * * * *
    12. Section 52.244-6 is amended by revising the date of the clause 
and paragraph (c)(2) to read as follows:


52.244-6  Subcontracts for Commercial Items and Commercial Components.

* * * * *

Subcontracts for Commercial Items and Commercial Components (Apr 1998)

* * * * *
    (c) * * *
    (2) 52.222-35, Affirmative Action for Disabled Veterans and 
Veterans of the Vietnam Era (38 U.S.C. 4212(a));
* * * * *
[FR Doc. 98-4300 Filed 2-20-98; 8:45 am]
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