[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Page 72450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33439]


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DEPARTMENT OF DEFENSE

General Services Administration

National Aeronautics and Space Administration

48 CFR Part 52

[FAC 97-15; FAR Case 99-600; Item X]
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: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to add the clause, 
Nondisplacement of Qualified Workers, to the list of clauses the 
contracting officer may, when applicable, incorporate by reference in 
the clause concerning contractor terms and conditions required to 
implement statutes or executive orders--commercial items.

DATES: Effective Date: February 25, 2000.
    Applicability Date: The FAR, as amended by this rule, is applicable 
to solicitations issued on or after February 25, 2000.

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 97-15, 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 comments through a 
notice of proposed rulemaking in the Federal Register at 60 FR 36756, 
July 18, 1995. The final DoL rule was published in the Federal Register 
at 62 FR 28175, May 22, 1997. DoD, GSA, and NASA published an interim 
FAR rule implementing DoL's rule 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 Councils identified this additional issue and 
proposed change. The Councils considered this additional change 
significant enough to warrant additional public comments. The Councils 
received no public comments in response to the proposed rule published 
in the Federal Register at 64 FR 32738, June 17, 1999. This final rule 
amends the FAR clause at 52.212-5(c) to add the clause 52.222-50, 
Nondisplacement of Qualified Workers, to the list of clauses that the 
contracting officer may incorporate by reference when applicable.
    This rule was not subject to Office of Management and Budget review 
under Section 6(b) of Executive Order 12866, Regulatory Planning and 
Review, dated September 30, 1993. This rule is not a major rule under 5 
U.S.C. 804.

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 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.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Part 52

    Government procurement.

    Dated: December 20, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 52 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. Amend section 52.212-5 by revising the date of the clause; by 
removing from the parenthetical following the introductory text of 
paragraphs (b) and (c) 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 (FEB 2000)

* * * * *
    (c) * * *
    ____ (6) 52.222-50, Nondisplacement of Qualified Workers 
(Executive Order 12933).
* * * * *
[FR Doc. 99-33439 Filed 12-23-99; 8:45 am]
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