[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Rules and Regulations]
[Pages 43575-43579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17498]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 22, and 52
[FAC 2005-76; FAR Case 2014-013; Item I; Docket 2014-0013, Sequence 1]
RIN 9000-AM76
Federal Acquisition Regulation: Equal Employment and Affirmative
Action for Veterans and Individuals With Disabilities
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule.
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SUMMARY: DoD, GSA, and NASA are issuing an interim rule amending the
Federal Acquisition Regulation (FAR) to implement final rules issued by
the Office of Federal Contract Compliance Programs at the Department of
Labor (DOL) relating to equal opportunity and affirmative action for
veterans and individuals with disabilities.
DATES: Effective: July 25, 2014.
Comment Date: Interested parties should submit written comments to
the Regulatory Secretariat on or before September 23, 2014 to be
considered in the formation of the final rule.
ADDRESSES: Submit comments identified by FAC 2005-76, FAR Case 2014-
013, by any of the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2014-013'' Select the link ``Comment Now'' that corresponds with ``FAR
Case 2014-013.'' Follow the instructions provided at the ``Comment
Now'' screen. Please include your name, company name (if any), and
``FAR Case 2014-013'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd floor,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-76, FAR
Case 2014-013, in all correspondence related to this case. All comments
received will be posted without change to http://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst,
at 202-501-0650 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-76, FAR Case 2014-
013.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are issuing an interim rule amending the FAR to
implement two DOL final rules that were published in the Federal
Register on September 24, 2013 at 78 FR 58614 and at 78 FR 58682 as
follows:
``Affirmative Action and Nondiscrimination Obligations of
Contractors and Subcontractors Regarding Special Disabled Veterans,
Veterans of the Vietnam Era, Disabled Veterans, Recently Separated
Veterans, Active Duty Wartime or Campaign Badge Veterans, and Armed
Forces Service Medal Veterans'', which amended DOL regulations at 41
CFR parts 60-250 and 60-300 (78 FR 58614).
``Affirmative Action and Nondiscrimination Obligations of
Contractors and Subcontractors Regarding Individuals with
Disabilities'', which amended DOL regulations at 41 CFR part 60-741 (78
FR 58682).
II. Discussion and Analysis
A. Subpart 22.13--Equal Opportunity for Veterans
This interim rule amends the definitions in FAR subpart 22.13 to
conform to the definitions in 41 CFR 60-300.2.
Adds a definition of ``active duty wartime or campaign
badge veteran,'' which replaces the definition of ``other protected
veteran.'' The only change is in the definition title.
Adds a definition of ``protected veteran.''
Expands policy at FAR 22.1302 to address appropriate
outreach and recruitment, and hiring benchmarks.
B. Subpart 22.14--Employment of Workers With Disabilities
The interim rule amends FAR subpart 22.14 to conform to DOL
regulations at 41 CFR part 60-741.
Changes references to the title of the FAR clause at
52.222-36 to ``Equal Opportunity for Workers with Disabilities''.
Changes the responsible official at DOL to the ``Director
of Federal Contract Compliance Programs'' (Director of OFCCP).
Expands policy at FAR 22.1401 to address appropriate
outreach and recruitment, and utilization goals, as prescribed in the
regulations of the Secretary of Labor.
Amends the waiver authority at FAR 22.1403 to be the
Director of the Office of Federal Contract Compliance Programs to
conform to the Department of Labor regulations. Also revises the policy
at FAR 22.1403(b) concerning national security waivers to conform to
the DOL regulations.
C. Clauses
The DOL regulations contain two revised Equal Opportunity clauses
at 41 CFR 60-300.5 (relating to veterans) and 41 CFR 60-741.5 (relating
to individuals with disabilities).
The clause for Equal Opportunity for VEVRAA Protected
Veterans provides clarification of mandatory listing of employment
openings and posting of notices, in paragraphs 2, 4, 9, and 12 of 41
CFR 60-300.5(a).
The clause for Equal Opportunity for Workers with
Disabilities adds some requirements with regard to posting in
electronic format and making notices accessible to persons with
disabilities, in paragraphs 4 and 7 of 41 CFR 60-741.5(a).
Both clauses add requirements with regard to contractor
solicitations or advertisements for employees, requiring inclusion of
statements that all qualified applicants will receive consideration for
employment, without regard to their protected veteran status; and that
qualified applicants will not be discriminated against on the basis of
disability.
At 41 CFR 60-300.5(d) and 41 CFR 60-741.5(d), each entitled
``Inclusion of the equal opportunity clause in the contract,'' the DOL
regulations provide that it is not necessary to include the equal
opportunity clause verbatim in the contract (as had been considered in
the proposed rule), but that the clause shall be made a part of the
contract by citation to 41 CFR 60-300.5(a) and 41 CFR 60-741.5(a)
respectively, and then provides a short paragraph that must be
[[Page 43576]]
included after the citation, providing a brief summary that highlights
to contractors and subcontractors the nature of their obligation, i.e.;
This regulation prohibits discrimination against qualified
protected veterans, and requires affirmative action by covered prime
contractor and subcontractors to employ and advance in employment
qualified protected veterans; and
This regulation prohibits discrimination against qualified
individuals on the basis of disability, and requires affirmative action
by covered prime contractors and subcontractors to employ and advance
in employment qualified individuals with disabilities.
Therefore, in the interim FAR rule, the clauses at FAR 52.222-35,
Equal Opportunity for Veterans, and 52.222-36, Equal Opportunity for
Workers with Disabilities, do not repeat the entire equal opportunity
clauses from the DOL regulations. Instead, each clause provides a
citation to the applicable clause in the DOL regulations and includes a
statement that summarizes the contractors' top level obligations under
each clause. The FAR clauses must be incorporated in the contract in
full text, as required by the DOL regulations.
Because some of the definitions and clause flowdown are not
included within the equal opportunity clauses in the DOL regulations,
the FAR clause 52.222-35 adds a paragraph to reference the appropriate
definitions at FAR 22.1301, relating to types of veterans, and both
52.222-35 and 52.222-36 include a final paragraph requiring clause
flowdown.
At 41 CFR 60-300.5(e) and 41 CFR 60-741.5(e), each paragraph
entitled ``Incorporation by Operation of the Act,'' the DOL regulations
state that the equal opportunity clause shall be considered to be a
part of every contract and subcontract required by the Act and the
regulation to include such clause, whether or not it is physically
incorporated in such contract.
A minor conforming change has been made to the clause at FAR
52.222-37, Employment Reports on Veterans, to add a definition of
``active duty wartime or campaign badge veterans,'' because the term
``other protected veterans'' is no longer defined in FAR subpart 22.13.
However, the term ``other protected veterans'' still appears on the
VETS-100 report, so the term is explained as equivalent in meaning to
``active duty wartime or campaign badge veterans.'' The FAR clause
52.222-37 has also been added to the lists at 52.212-5(e) and 52.244-6
to require flowdown to commercial subcontracts.
D. Additional Contractor Duties
The DOL regulations mandate in 41 CFR part 60 additional duties
that contractors must perform. Contractors must consult the DOL
regulations at 41 CFR parts 60-250, 60-300, and 60-741 to understand
their full obligations. The contract clause does not include detail on
the duties.
E. Threshold
This rule does not change the threshold for applicability of FAR
subpart 22.13 and the associated clause at 52.222-35, which is
$100,000. Nor does it change the threshold for applicability of FAR
subpart 22.14 and the associated clause at 52.222-36, which is $15,000.
The thresholds for these clauses are set by statute. FAR 1.109 explains
the statutory requirement, now codified at 41 U.S.C. 1908, for the FAR
Council to subsequently adjust all the acquisition-related statutory
thresholds for inflation, every five years in October.
Although the statute (section 503 of the Rehabilitation Act of
1973) (29 U.S.C. 793) originally established a threshold of $10,000,
relating to equal opportunity for workers with disabilities, this was
adjusted to $15,000 in October 2010. The threshold adjustment was
discussed with DOL/OFCCP and they concurred with this change. The
threshold of $100,000 relating to equal opportunity for veterans was
not adjusted in 2010 because the inflationary adjustment resulted in an
increase that was insufficient to justify an adjustment to the next
threshold level.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
Both rules issued by the Department of Labor were determined to be
economically significant under E.O. 12866, and major rules under 5
U.S.C. 804. The Regulatory Impact Analysis for these rules was
published in the Federal Register on September 24, 2013 at 78 FR 59643
and at 78 FR 58714. The FAR rule adds no new information collections,
recordkeeping, or other compliance burdens. The FAR rule cites to the
DOL OMB Control numbers 1250-0004 and 1250-0005 for OMB approval under
the PRA for any information collection requirements associated with
revised FAR 52.222-35 (Equal Opportunity for Veteran) and 52.225-36
(Equal Opportunity for Workers with Disabilities). As explained in the
section on clauses (II.C.) above, the FAR clauses, to be incorporated
in solicitations and contracts in full text, include the required
summary statement (paragraph (b) and (a) of each of the FAR clauses,
respectively) and then reference to the DOL clauses. There is no
economic impact arising from the FAR rule, since the FAR rule only
informs the contractors of the requirements of the DOL rules. Further,
each DOL rule states that ``By operation of the Act, the equal
opportunity clause shall be considered to be a part of every contract
and subcontract required by the Act and the regulations in this part to
include such a clause, whether or not it is physically incorporated in
such contract . . .'' (41 CFR 60-300.5(e) and 60-741.5(e)). So the FAR
is not actually imposing any requirement, but for consistency is
incorporating this guidance and informing the contractor of existing
requirements.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA do 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.
However, an Initial Regulatory Flexibility Analysis (IRFA) has been
prepared and is summarized as follows:
This interim rule is being issued to implement changes to 41 CFR
60-25, 60-300, and 60-741, as published in the Federal Register on
September 24, 2013 at 78 FR 58614 and at 78 FR 58682 by the Office
of Federal Contract Compliance Programs of the Department of Labor
(DOL).
The DOL rules revise the current regulations implementing 38
U.S.C. 4211 and 4212, and the nondiscrimination and affirmative
action regulations of section 503 of the Rehabilitation Act of 1973,
as amended. The DOL rules add requirements on mandatory job
listings, data collection, and establishing hiring benchmarks.
With regard to equal opportunity for veterans, DOL estimated
that the approximate number of small entities that would be subject
to the rule would be 20,490
[[Page 43577]]
federal contractors with between 50 and 500 employees (approximately
44 percent of the total Federal contractors impacted by the rule).
With regard to equal opportunity for individuals with
disabilities, DOL estimated that the final rule impacts 20,490
Federal contractors with between 50 and 500 employees (approximately
44 percent of total Federal contractors impacted by the rule).
This FAR rule does not add any new reporting, recordkeeping, or
other compliance burdens. The FAR rule makes contracting officers
and contractors aware of the DOL requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
DoD, GSA, and NASA are not aware of any significant alternatives
to the rule which would accomplish the stated objectives of
implementing the DOL final rules, while minimizing impact on small
entities. DoD, GSA, and NASA do not have the flexibility of making
any changes to the DOL rules, which have already been published for
public comment and are now taking effect as final rules. There is no
significant impact on small entities imposed by the FAR rule.
The Regulatory Secretariat has submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small Business Administration. A copy
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA,
and NASA invite comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by this rule
in accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAC 2005-76, FAR Case
2014-013) in correspondence.
V. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C chapter 35) does apply;
however, these changes to the FAR do not impose additional information
collection requirements to the paperwork burden previously approved for
the DOL regulations under OMB Control Numbers 1250-004, titled: OFCCP
Recordkeeping and Reporting Requirements--38 U.S.C. 4212, Vietnam Era
Veterans' Readjustment Assistance Act of 1974, as amended; 1250-005,
titled: OFCCP Recordkeeping and Reporting Requirements--Section 503 of
the Rehabilitation Act of 1973, as amended, 29 U.S.C. 703; and 1293-
0005, titled: Federal Contractor Veterans' Employment Report, VETS-100/
VETS-100A.
VI. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the Department of Labor rules became effective on
March 24, 2014. The DOL rules were published for public comment prior
to publication of the final rules. Further, each DOL rule states that
``By operation of the Act, the equal opportunity clause shall be
considered to be a part of every contract and subcontract required by
the Act and the regulations in this part to include such a clause,
whether or not it is physically incorporated in such contract . . .''
(41 CFR 60-300.5(e) and 60-741.5(e)). However, the FAR does provide
government-wide policy and procedures to contractors and even though
the FAR rule only informs the contractors of DOL's requirements, and it
is not actually imposing any new requirements, immediate implementation
in the FAR is necessary to provide awareness and ensure compliance
across all agencies and contractors, respectively. The FAR rule adds no
new information collections, recordkeeping, or other burdens. If the
FAR rule is not issued as an interim rule, which becomes effective upon
publication, the incorporation of the new clauses in solicitations and
contracts would be delayed, and contractors may not be aware of DOL's
regulatory changes with regard to the employment of and outreach
methods used to hire veterans and workers with disabilities under these
new rules.
However, pursuant to 41 U.S.C. 1707, DoD, GSA, and NASA will
consider public comments received in response to this interim rule in
the formation of the final rule.
List of Subjects in 48 CFR Parts 1, 22, and 52
Government procurement.
Dated: July 18, 2014.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office
of Acquisition Policy, Office of Government-Wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 22, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 1, 22, and 52 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
0
2. Amend section 1.106, in the table following the introductory text,
by--
0
a. Removing from FAR segment 22.13 OMB Control Number ``1215-0072'' and
adding ``1250-0004'' in its place;
0
b. Removing from FAR segment 22.14 OMB Control Number ``1215-0072'' and
adding ``1250-0005'' in its place; and
0
c. Removing from FAR segments 52.222-35 and 52.222-36 OMB Control
Number ``1215-0072'' and adding ``1250-0004'' and ``1250-0005'' in
their places, respectively.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1300 [Amended]
0
3. Amend section 22.1300 by removing from paragraph (e) ``part 60-
250,''.
0
4. Amend section 22.1301 by adding, in alphabetical order, the
definitions ``Active duty wartime or campaign badge veteran'' and
``Protected veteran''; and removing the definition ``Other protected
veteran''.
The additions read as follows:
22.1301 Definitions.
* * * * *
Active duty wartime or campaign badge veteran means a veteran who
served on active duty in the U.S. military, ground, naval, or air
service, during a war or in a campaign or expedition for which a
campaign badge has been authorized under the laws administered by the
Department of Defense.
* * * * *
Protected veteran means a veteran who is protected under the non-
discrimination and affirmative action provisions of 38 U.S.C. 4212;
specifically, a veteran who may be classified as a ``disabled
veteran,'' ``recently separated veteran,'' ``active duty wartime or
campaign badge veteran,'' or an ``Armed Forces service medal veteran,''
as defined by this section.
* * * * *
0
5. Amend section 22.1302 by revising paragraph (a) to read as follows:
22.1302 Policy.
(a) Contractors and subcontractors, when entering into contracts
and subcontracts subject to the Act, are required to--
[[Page 43578]]
(1) List all employment openings, with the appropriate employment
service delivery system where the opening occurs, except for--
(i) Executive and senior management positions;
(ii) Positions to be filled from within the contractor's
organization; and
(iii) Positions lasting three days or less;
(2) Take affirmative action to employ, advance in employment, and
otherwise treat qualified individuals, including qualified disabled
veterans, without discrimination based upon their status as a protected
veteran, in all employment practices;
(3) Undertake appropriate outreach and positive recruitment
activities that are reasonably designed to effectively recruit
protected veterans; and
(4) Establish a hiring benchmark and apply it to hiring of
protected veterans in each establishment, on an annual basis, in the
manner prescribed in the regulations of the Secretary of Labor.
* * * * *
0
6. Amend section 22.1310 by--
0
a. Revising paragraph (a)(1)(ii); and
0
b. Removing from paragraph (a)(2) ``Programs'' and adding ``Programs of
the U.S. Department of Labor'' in its place.
The revision reads as follows:
22.1310 Solicitation provision and contract clauses.
* * * * *
(a)(1) * * *
(ii) The Director, Office of Federal Contract Compliance Programs
of the U.S. Department of Labor, has waived, in accordance with
22.1305(a), or the head of the agency has waived, in accordance with
22.1305(b), all of the terms of the clause.
* * * * *
22.1400 [Amended]
0
7. Amend section 22.1400 by removing ``implementing Section'' and
adding ``implementing section'' in its place.
0
8. Revise section 22.1401 to read as follows:
22.1401 Policy.
Contractors and subcontractors, when entering into contracts and
subcontracts subject to the Act, are required to--
(a) Take affirmative action to employ, and advance in employment,
qualified individuals with disabilities, and to otherwise treat
qualified individuals without discrimination based on their physical or
mental disability;
(b) Undertake appropriate outreach and positive recruitment
activities that are reasonably designed to effectively recruit
qualified individuals with disabilities; and
(c) Compare the utilization of individuals with disabilities in
their workforces to the utilization goal, as prescribed in the
regulations of the Secretary of Labor, on an annual basis.
22.1402 [Amended]
0
9. Amend section 22.1402 by removing from paragraphs (a) and (b)
``Affirmative Action'' and adding ``Equal Opportunity'' in their
places.
0
10. Amend section 22.1403 by--
0
a. Revising the introductory text of paragraph (a);
0
b. Revising paragraph (b); and
0
c. Removing from paragraph (d) ``Deputy Assistant Secretary'' and
adding ``Director of OFCCP'' in its place.
The revisions read as follows:
22.1403 Waivers.
(a) The Director of the Office of Federal Contract Compliance
Programs of the U.S. Department of Labor (Director of OFCCP), may waive
the application of any or all of the terms of the clause at 52.222-36,
Equal Opportunity for Workers with Disabilities, for--
* * * * *
(b) The head of an agency may waive any requirement in this subpart
when it is determined that the contract is essential to the national
security, and that its award without complying with such requirements
is necessary to the national security. Upon making such a
determination, the head of the agency shall notify the Director of
OFCCP in writing within 30 days.
* * * * *
22.1405 [Amended]
0
11. Amend section 22.1405 by removing ``Affirmative Action'' and adding
``Equal Opportunity'' in its place.
0
12. Revise section 22.1406 to read as follows:
22.1406 Complaint procedures.
(a) Following agency procedures, the contracting office shall
forward any complaints received about the administration of the Act
to--
(1) Director, Office of Federal Contract Compliance Programs, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210;
or
(2) Any OFCCP regional or area office.
(b) The OFCCP shall institute investigation of each complaint and
shall be responsible for developing a complete case record.
22.1407 [Amended]
0
13. Amend section 22.1407 by removing from the introductory text
``Affirmative Action'' and adding ``Equal Opportunity'' in its place.
22.1408 [Amended]
0
14. Amend section 22.1408 by--
0
a. Removing from paragraph (a) introductory text ``Affirmative Action''
and adding ``Equal Opportunity'', in its place; and
0
b. Removing from paragraphs (a)(2) and (b) ``agency head'' and adding
``Director of OFCCP or agency head'', in their places.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
15. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Revising paragraphs (b)(32) through (34);
0
c. Revising paragraphs (e)(1)(v) and (e)(1)(vi);
0
d. Redesignating paragraphs (e)(1)(vii) through (e)(1)(xv) as
paragraphs (e)(1)(viii) through (e)(1)(xvi), respectively; and
0
e. Adding a new paragraph (e)(1)(vii); and
0
f. Amending Alternate II by--
0
1. Revising the date of the Alternate; and
0
2. Revising paragraphs (e)(1)(ii)(E) and (F).
The revisions and additions 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 (July 2014)
* * * * *
(b) * * *
----(32) 52.222-35, Equal Opportunity for Veterans (July 2014)
(38 U.S.C. 4212).
----(33) 52.222-36, Equal Opportunity for Workers with
Disabilities (July 2014) (29 U.S.C. 793).
----(34) 52.222-37, Employment Reports on Veterans (July 2014)
(38 U.S.C. 4212).
* * * * *
(e)(1) * * *
(v) 52.222-35, Equal Opportunity for Veterans (July 2014) (38
U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities
(July 2014) (29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (July 2014) (38
U.S.C. 4212).
* * * * *
Alternate II (July 2014). * * *
* * * * *
[[Page 43579]]
(e)(1) * * *
(ii) * * *
(E) 52.222-35, Equal Opportunity for Veterans (July 2014) (38
U.S.C. 4212).
(F) 52.222-36, Equal Opportunity for Workers with Disabilities
(July 2014) (29 U.S.C. 793).
* * * * *
0
16. Amend section 52.213-4 by revising the date of the clause and
paragraphs (a)(2)(viii), (b)(1)(iv), (b)(1)(v), and (b)(1)(vi) 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) (July 2014)
(a) * * *
(2) * * *
(viii) 52.244-6, Subcontracts for Commercial Items (July 2014).
* * * * *
(b) * * *
(1) * * *
(iv) 52.222-35, Equal Opportunity for Veterans (July 2014) (38
U.S.C. 4212) (applies to contracts of $100,000 or more).
(v) 52.222-36, Equal Employment for Workers with Disabilities
(July 2014) (29 U.S.C. 793). (Applies to contracts over $15,000,
unless the work is to be performed outside the United States by
employees recruited outside the United States.) (For purposes of
this clause, ``United States'' includes the 50 States, the District
of Columbia, Puerto Rico, the Northern Mariana Islands, American
Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vi) 52.222-37, Employment Reports on Veterans (July 2014) (38
U.S.C. 4212) (applies to contracts of $100,000 or more).
* * * * *
0
17. Revise section 52.222-35 to read as follows:
52.222-35 Equal Opportunity for Veterans.
As prescribed in 22.1310(a)(1), insert the following clause:
Equal Opportunity for Veterans (July 2014)
(a) Definitions. As used in this clause--
``Active duty wartime or campaign badge veteran,'' ``Armed
Forces service medal veteran,'' ``disabled veteran,'' ``protected
veteran,'' ``qualified disabled veteran,'' and ``recently separated
veteran'' have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the
requirements of the equal opportunity clause at 41 CFR 60-300.5(a),
as of March 24, 2014. This clause prohibits discrimination against
qualified protected veterans, and requires affirmative action by the
Contractor to employ and advance in employment qualified protected
veterans.
(c) Subcontracts. The Contractor shall insert the terms of this
clause in subcontracts of $100,000 or more unless exempted by rules,
regulations, or orders of the Secretary of Labor. The Contractor
shall act as specified by the Director, Office of Federal Contract
Compliance Programs, to enforce the terms, including action for
noncompliance. Such necessary changes in language may be made as
shall be appropriate to identify properly the parties and their
undertakings.
(End of clause)
Alternate I (July 2014). As prescribed in 22.1310(a)(2), add the
following as a preamble to the clause:
Notice: The following term(s) of this clause are waived for this
contract: --------------------[List term(s)].
0
18. Revise section 52.222-36 to read as follows:
52.222-36 Equal Opportunity for Workers with Disabilities.
As prescribed in 22.1408(a), insert the following clause:
Equal Opportunity for Workers with Disabilities (July 2014)
(a) Equal opportunity clause. The Contractor shall abide by the
requirements of the equal opportunity clause at 41 CFR 60-741.5(a),
as of March 24, 2014. This clause prohibits discrimination against
qualified individuals on the basis of disability, and requires
affirmative action by the Contractor to employ and advance in
employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this
clause in every subcontract or purchase order in excess of $15,000
unless exempted by rules, regulations, or orders of the Secretary,
so that such provisions will be binding upon each subcontractor or
vendor. The Contractor shall act as specified by the Director,
Office of Federal Contract Compliance Programs of the U.S.
Department of Labor, to enforce the terms, including action for
noncompliance. Such necessary changes in language may be made as
shall be appropriate to identify properly the parties and their
undertakings.
(End of clause)
Alternate I (July 2014). As prescribed in 22.1408(b), add the
following as a preamble to the clause:
Notice: The following term(s) of this clause are waived for this
contract: --------------------[List term(s)].
0
19. Amend section 52.222-37 by revising the date of the clause and
paragraphs (a), (b)(1), and (2) to be read as follows:
52.222-37 Employment Reports on Veterans.
* * * * *
Employment Reports on Veterans (July 2014)
(a) Definitions. As used in this clause, ``Armed Forces service
medal veteran,'' ``disabled veteran,'' ``active duty wartime or
campaign badge veteran,'' and ``recently separated veteran,'' have
the meanings given in FAR 22.1301.
(b) 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--
(1) The total number of employees in the contractor's workforce,
by job category and hiring location, who are disabled veterans,
other protected veterans (i.e., active duty wartime or campaign
badge veterans), Armed Forces service medal veterans, and recently
separated veterans;
(2) The total number of new employees hired during the period
covered by the report, and of the total, the number of disabled
veterans, other protected veterans (i.e., active duty wartime or
campaign badge veterans), Armed Forces service medal veterans, and
recently separated veterans; and
* * * * *
0
20. Amend section 52.244-6 by--
0
a. Revising the date of the clause;
0
b. Revising paragraphs (c)(1)(v) and (vi);
0
c. Redesignating paragraphs (c)(1)(vii) through (c)(1)(xi) as
paragraphs (c)(1)(viii) through (c)(1)(xii), respectively;
0
d. Adding new paragraph (c)(1)(vii);
The revised and added text reads as follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items (July 2014)
* * * * *
(c)(1) * * *
(v) 52.222-35, Equal Opportunity for Veterans (July 2014) (38
U.S.C. 4212(a));
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities
(July 2014) (29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (July 2014) (38
U.S.C. 4212).
* * * * *
[FR Doc. 2014-17498 Filed 7-24-14; 8:45 am]
BILLING CODE 6820-EP-P