[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Rules and Regulations]
[Page 13585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1358]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4, 22, 47, 52, and 53

[FAC 2005-16; FAR Case 2005-033; Item I; Docket 2007-0001, Sequence 1]
RIN 9000-AK47


Federal Acquisition Regulation; FAR Case 2005-033; Implementation 
of Wage Determinations OnLine (WDOL)

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed to adopt the 
interim rule published in the Federal Register at 71 FR 36930, June 28, 
2006, as a final rule without change. This final rule amends the 
Federal Acquisition Regulation (FAR) to implement the Wage 
Determinations OnLine (WDOL) Internet website as the source for Federal 
contracting agencies to obtain wage determinations issued by the 
Department of Labor (DOL) for service contracts subject to the 
McNamara-O'Hara Service Contract Act (SCA) and for construction 
contracts subject to the Davis-Bacon Act (DBA).

DATES: Effective Date: March 22, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement 
Analyst, at (202) 501-3775 for clarification of content. Please cite 
FAC 2005-16, FAR case 2005-033. For information pertaining to status or 
publication schedules, contact the FAR Secretariat at (202) 501-4755.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 71 FR 36930, June 28, 2006. The interim rule amended FAR 
Part 22 to implement Wage Determinations Online (WDOL) Internet Website 
(http://www.wdol.gov) as the source for Federal contracting agencies to 
obtain wage determinations issued by the Department of Labor (DOL) for 
service contracts subject to the Service Contract Act (SCA) and for 
construction contracts subject to the Davis-Bacon Act (DBA). The rule 
incorporated new geographical jurisdictions for DOL's Wage and Hour 
Regional Offices and eliminated FAR references to the Government 
Printing Office (GPO) publication of general wage determinations.
    The interim rule eliminated the requirement for the contracting 
officer to submit a copy of collective bargaining agreements (CBAs) to 
the DOL for the purpose of obtaining a wage determination under Section 
4(c) of the SCA, unless directed by the DOL to do so. The rule also 
deleted the FAR clause at 52.222-47, SCA Minimum Wages and Fringe 
Benefits Applicable to Successor Contract Pursuant to Predecessor 
Contractor Collective Bargaining Agreements (CBA), because the WDOL 
process makes it unnecessary. Additionally, the rule revised FAR clause 
52.222-49, Service Contract Act--Place of Performance Unknown, to make 
conforming changes to FAR references, and deleted Standard Forms 98, 
98a, and 99 from FAR Part 53 in their entirety.
    Comment. In response to the interim rule, one comment was received. 
The commenter was concerned with the risk of issuing the most current 
wage determination and allowing offerors to amend their proposal after 
the source selection decision is made but prior to award, noting the 
possible impact on the proposed price and source selection decision. 
The commenter recommended revising the language for contracting by 
negotiation in FAR 22.1012-1(c) to be similar to contracting for sealed 
bidding or allow the contracting officer to incorporate a wage 
determination after award similar to the language provided in FAR 
clause 52.222-30, Davis Bacon Act--Price Adjustment (None or Separately 
Specified Method).
    The Councils considered the comment to be outside the scope of the 
rule and referred the comment to the Department of Defense Labor 
Committee for their review and input. Therefore, the councils have 
agreed to implement the interim rule as written without changes.
    This is not a significant regulatory action and, therefore, was not 
subject to 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 involves 
internal Government processes between the DOL and Federal contracting 
agencies. During the design phase of WDOL.gov, the WDOL Task Force 
coordinated with a number of labor organizations, contractors, the 
Contract Services Association, and various Federal contracting agencies 
to address and satisfy any concerns about the effect of the rule on all 
interested parties, including small entities. The only comment received 
on the interim rule was determined to be outside the scope of the rule.

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 Parts 4, 22, 47, 52, and 53

    Government procurement.

    Dated: March 15, 2007.
Ralph De Stefano,
Director, Contract Policy Division.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 4, 22, 47, 52, and 
53, which was published in the Federal Register at 71 FR 36930, June 
28, 2006, is adopted as a final rule without change.
[FR Doc. 07-1358 Filed 3-21-07; 8:45 am]
BILLING CODE 6820-EP-S