[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Proposed Rules]
[Pages 39978-39979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13307]


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DEPARTMENT OF DEFENSE

48 CFR Part 222

[DFARS Case 2003-D019]


Defense Federal Acquisition Regulation Supplement; Labor Laws

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update text regarding the application 
of labor laws to Government contracts. This proposed rule is a result 
of a transformation initiative undertaken by DoD to dramatically change 
the purpose and content of the DFARS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before September 12, 2005, to be 
considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D019, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
     E-mail: [email protected]. Include DFARS Case 2003-D019 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Mr. 
Euclides Barrera, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, (703) 602-0326.

SUPPLEMENTARY INFORMATION:

A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
http://www.acq.osd.mil/dpap/dfars/transf.htm.
    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed changes include--
     Relocation of text from DFARS 222.101-1, 222.101-3-70, and 
222.101-4(a)(ii) to the new DFARS companion resource, Procedures, 
Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi. The relocated text contains internal procedures for 
contracting officers to follow when dealing with labor relations 
matters and preparing reports on labor disputes.
     Deletion of DFARS 222.404-2 because it is no longer 
applicable.
     Deletion of DFARS 222.404-3 and 222.404-11 because the 
coverage in these sections is already provided by the FAR or internal 
agency procedures.
     Partial relocation of DFARS 222.406-8 to PGI. The 
relocated text prescribes internal procedures that contracting officers 
must follow in conducting labor investigations and preparing respective 
reports.
     Deletion of unnecessary text at DFARS 222.407.
     Deletion of DFARS 222.804-2 and 222.805 because the FAR 
provides sufficient coverage.
     Relocation of DoD internal procedures from DFARS 222.807 
to PGI.
     Deletion of unnecessary text at DFARS 222.1003-7.
     Relocation of DoD internal procedures from DFARS 222.1008-
2 and 222.1014 to PGI.
     Revision of DFARS Subpart 222.13 to update section 
headings and references for consistency with the corresponding FAR 
subpart; and relocation of DoD internal procedures to PGI.
     Deletion of DFARS 222.1406(1) because adequate coverage is 
provided in the FAR.
     Deletion of unnecessary text at DFARS 222.7100 and 
222.7200.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule 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 
deletes redundant or obsolete language, removes procedural or DoD 
internal guidance, and relocates to the new DFARS companion resource, 
Procedures, Guidance, and Information (PGI), information and internal 
DoD procedures that do not have a significant impact on the public. 
Therefore, DoD has not performed an initial regulatory flexibility 
analysis. DoD invites comments from small businesses and other 
interested parties. DoD will also consider comments from small entities 
concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. 
Such comments should be submitted separately and should cite DFARS Case 
2003-D019.

C. Paperwork Reduction Act

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

[[Page 39979]]

List of Subjects in 48 CFR Part 222

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR part 222 as follows:
    1. The authority citation for 48 CFR part 222 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    2. Section 222.101-1 is revised to read as follows:


222.101-1  General.

    Follow the procedures at PGI 222.101-1 for referral of labor 
relations matters to the appropriate authorities.
    3. Section 222.101-3-70 is revised to read as follows:


222.101-3-70  Impact of labor disputes on defense programs.

    (a) Each department and agency shall determine the degree of impact 
of potential or actual labor disputes on its own programs and 
requirements. For guidance on determining the degree of impact, see PGI 
222.101-3-70(a).
    (b) Each contracting activity shall obtain and develop data 
reflecting the impact of a labor dispute on its requirements and 
programs. Upon determining that the impact of the labor dispute is 
significant, the head of the contracting activity shall submit a report 
of findings and recommendations to the labor advisor in accordance with 
departmental procedures. This reporting requirement is assigned Report 
Control Symbol DD-AT&L(AR)1153 and must include the information 
specified at PGI 222.101-3-70(b).
    4. Section 222.101-4 is amended by revising paragraph (a)(ii) to 
read as follows:


222.101-4  Removal of items from contractors' facilities affected by 
work stoppages.

    (a) * * *
    (ii) Upon the recommendation of the labor advisor, provide a 
written request for removal of the material to the cognizant contract 
administration office. Include in the request the information specified 
at PGI 222.101-4(a)(ii).
* * * * *
    5. Section 222.102-1 is revised to read as follows:


222.102-1  Policy.

    (1) Direct all inquiries from contractors or contractor employees 
regarding the applicability or interpretation of Occupational Safety 
and Health Act (OSHA) regulations to the Department of Labor.
    (2) Upon request, provide the address of the appropriate field 
office of the Occupational Safety and Health Administration of the 
Department of Labor.
    (3) Do not initiate any application for the suspension or 
relaxation of labor requirements without prior coordination with the 
labor advisor. Any requests for variances or alternative means of 
compliance with OSHA requirements must be approved by the Occupational 
Safety and Health Administration of the U.S. Department of Labor.


222.404-2 through 222.404-11  [Removed]

    6. Sections 222.404-2 through 222.404-11 are removed.
    7. Section 222.406-8 is amended by revising paragraph (a), the 
heading of paragraph (c), and paragraph (d) to read as follows:


222.406-8  Investigations.

    (a) Before beginning an investigation, the investigator shall 
inform the contractor of the general scope of the investigation, and 
that the investigation will include examining pertinent records and 
interviewing employees. In conducting the investigation, follow the 
procedures at PGI 222.406-8(a).
    (c) Contractor notification.
* * * * *
    (d) Contracting officer's report. Forward a detailed enforcement 
report or summary report to the agency head in accordance with agency 
procedures. Include in the report, as a minimum, the information 
specified at PGI 222.406-8(d).


222.407  [Removed]

    8. Section 222.407 is removed.


222.804-2 and 222.805  [Removed]

    9. Sections 222.804-2 and 222.805 are removed.
    10. Section 222.807 is revised to read as follows:


222.807  Exemptions.

    (c) Follow the procedures at PGI 222.807(c) when submitting a 
request for an exemption.


222.1003-7  [Removed]

    11. Section 222.1003-7 is removed.
    12. Section 222.1008-2 is revised to read as follows:


222.1008-2  Preparation of SF 98a.

    Follow the procedures at PGI 222.1008-2 regarding use of the 
Service Contract Act Directory of Occupations when preparing the SF 
98a.
    13. Section 222.1014 is revised to read as follows:


222.1014  Delay of acquisition dates over 60 days.

    Follow the procedures at PGI 222.1014 for submission of update 
requests to the Wage and Hour Division.
    14. Subpart 222.13 is revised to read as follows:

Subpart 222.13--Special Disabled Veterans, Veterans of the Vietnam 
Era, and Other Eligible Veterans

Sec.
222.1305 Waivers.
222.1308 Complaint procedures.
222.1310 Solicitation provision and contract clauses.


222.1305  Waivers.

    (c) Follow the procedures at PGI 222.1305(c) for submission of 
waiver requests.


222.1308  Complaint procedures.

    The contracting officer shall--
    (1) Forward each complaint received as indicated in FAR 22.1308; 
and
    (2) Notify the complainant of the referral. The contractor in 
question shall not be advised in any manner or for any reason of the 
complainant's name, the nature of the complaint, or the fact that the 
complaint was received.


222.1310  Solicitation provision and contract clauses.

    (a)(1) Use of the clause at FAR 52.222-35, Equal Opportunity for 
Special Disabled Veterans, Veterans of the Vietnam Era, and Other 
Eligible Veterans, with its paragraph (c), Listing Openings, also 
satisfies the requirement of 10 U.S.C. 2410k.
    15. Section 222.1406 is revised to read as follows:


222.1406  Complaint procedures.

    The contracting officer shall notify the complainant of such 
referral. The contractor in question shall not be advised in any manner 
or for any reason of the complainant's name, the nature of the 
complaint, or the fact that the complaint was received.


222.7100 and 222.7200  [Removed]

    16. Sections 222.7100 and 222.7200 are removed.

[FR Doc. 05-13307 Filed 7-11-05; 8:45 am]
BILLING CODE 5001-08-P