[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Proposed Rules]
[Page 32738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15144]



[[Page 32737]]

_______________________________________________________________________

Part V

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Part 52



Federal Acquisition Regulation; Nondisplacement of Qualified Workers--
Commercial Items; Proposed Rule

  Federal Register / Vol. 64, No. 116 / Thursday, June 17, 1999 / 
Proposed Rules  

[[Page 32738]]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

National Aeronautics and Space Administration

48 CFR Part 52

[FAR Case 99-600]
RIN 9000-AI38


Federal Acquisition Regulation; Nondisplacement of Qualified 
Workers--Commercial Items

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 and the Defense 
Acquisition Regulations Council are proposing to amend the Federal 
Acquisition Regulation (FAR) to add the clause title, Nondisplacement 
of Qualified Workers, to the clause concerning Contract Terms and 
Conditions Required to Implement Statutes or Executive Orders--
Commercial Items. This addition would permit inclusion of the clause, 
by reference, in solicitations and contracts for commercial services, 
when determined appropriate by the contracting officer.

DATES: Comments should be submitted on or before August 16, 1999 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (MVR), Attn: Laurie 
Duarte, 1800 F Street, NW, Room 4035, Washington, DC 20405.
    E-mail comments submitted over Internet should be addressed to: 
[email protected].
    Please cite FAR case 99-600 in all correspondence related to this 
case.

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 FAR case 99-600.

SUPPLEMENTARY INFORMATION:

A. Background

    Executive Order 12933 was signed October 20, 1994, by President 
Clinton and published in the Federal Register on October 24, 1994. To 
obtain public comment and assist in development of implementing 
regulations, the Department of Labor (DOL) invited comment through a 
notice of proposed rulemaking in the Federal Register on July 18, 1995 
(60 FR 36756). The final DOL rule was published in the Federal Register 
on May 22, 1997 (62 FR 28175). An interim FAR rule implementing DOL's 
rule was published under FAR case 94-610 (FAC 97-01, 62 FR 44802, 
August 22, 1997). During consideration of the public comments submitted 
in response to the interim rule, the Civilian Agency Acquisition 
Council and the Defense Acquisition Regulations Council identified this 
additional issue and proposed change. The councils consider this 
additional change significant enough to warrant additional public 
comments.
    This rule proposes to add the clause title, 52.222-50, 
Nondisplacement of Qualified Workers, at 52.212-5(c).
    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.

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., because the rule 
only identifies the FAR clause at 52.222-50, Nondisplacement of 
Qualified Workers as appropriate for incorporation by reference in 
certain service contracts when determined so by the contracting 
officer. Therefore, an Initial Regulatory Flexibility Analysis has not 
been performed. Comments from small entities concerning the affected 
FAR subpart will be considered in accordance with 5 U.S.C. 610 of the 
Act. Such comments must be submitted separately and should cite 5 
U.S.C. 601, et seq. (FAR case 99-600), in correspondence.

C. Paperwork Reduction Act

    This proposed rule will not impose any additional paperwork burdens 
beyond the information collection and recordkeeping requirements under 
sections 9.6(c), 9.9(b), and 9.11 of the Department of Labor 
regulations, 29 CFR part 9, and approved under Office of Management and 
Budget Control No. 1215-0190.

List of Subjects in 48 CFR Part 52

    Government procurement.

    Dated: June 9, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, it is proposed that 48 CFR part 52 be amended as set 
forth below:

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    1. The authority citation for 48 CFR part 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).

    2. Section 52.212-5 is amended by revising the date of the clause 
to read ``(DATE)''; at the parenthetical following the introductory 
text of paragraphs (b) and (c) of the clause by removing the 
parentheses and adding brackets in their place; and by adding paragraph 
(c)(6) 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 (Date)

* * * * *
    (c) * * *
    (6) 52.222-50, Nondisplacement of Qualified Workers (Executive 
Order 12933).
* * * * *
[FR Doc. 99-15144 Filed 6-16-99; 8:45 am]
BILLING CODE 6820-EP-P