[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Page 58652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19677]
[[Page 58652]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2015-0051, Sequence No. 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-90; Small Entity Compliance Guide
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
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SUMMARY: This document is issued under the joint authority of DOD, GSA,
and NASA. This Small Entity Compliance Guide has been prepared in
accordance with section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996. It consists of a summary of the rule
appearing in Federal Acquisition Circular (FAC) 2005-90, which amends
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a
rule indicates that a regulatory flexibility analysis has been
prepared. Interested parties may obtain further information regarding
this rule by referring to FAC 2005-90, which precedes this document.
These documents are also available via the Internet at http://www.regulations.gov.
DATES: August 25, 2016.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-90 and the FAR case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.
Rule Listed in FAC 2005-90
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Subject FAR Case Analyst
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*Fair Pay and Safe Workplaces..................... 2014-025 Delgado
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SUPPLEMENTARY INFORMATION: Summary for the FAR rule follows. For the
actual revisions and/or amendments made by this FAR case, refer to the
specific item number and subject set forth in the document following
this item summary. FAC 2005-90 amends the FAR as specified below:
Fair Pay and Safe Workplaces (FAR Case 2014-025)
DoD, GSA, and NASA are issuing a final rule amending the FAR to
implement Executive Order (E.O.) 13673, Fair Pay and Safe Workplaces,
amended by E.O. 13683, to correct a statutory citation, and further
amended by an E.O. signed today to modify the handling of subcontractor
disclosures and clarify the requirements for public disclosure of
documents. E.O. 13673 is designed to improve contractor compliance with
labor laws and increase efficiency and cost savings in Federal
contracting. As E.O. 13673 explains, ensuring compliance with labor
laws drives economy and efficiency by promoting ``safe, healthy, fair,
and effective workplaces. Contractors that consistently adhere to labor
laws are more likely to have workplace practices that enhance
productivity and increase the likelihood of timely, predictable, and
satisfactory delivery of goods and services to the Federal
Government.'' The E.O. was signed July 31, 2014. The Department of
Labor is simultaneously issuing final Guidance to assist Federal
agencies in implementation of the E.O. in conjunction with the FAR
final rule.
The E.O. requires that prospective and existing contractors on
covered contracts disclose decisions regarding violations of certain
labor laws, and that contracting officers, in consultation with agency
labor compliance advisors (ALCAs), a new position created by the E.O.,
consider the decisions, (including any mitigating factors and remedial
measures), as part of the contracting officer's decision to award or
extend a contract. In addition, the E.O. creates new paycheck
transparency protections, among other things, to ensure that workers on
covered contracts are given the necessary information each pay period
to verify the accuracy of what they are paid. Finally, the E.O. limits
the use of predispute arbitration clauses in employment agreements on
covered Federal contracts. Phase-ins: (1) From October 25, 2016 through
April 24, 2017, the prime contractor disclosure requirements will apply
to solicitations with an estimated value of $50 million or more, and
resultant contracts; after April 24, 2017, the requirements apply to
solicitations estimated to exceed $500,000, and resultant contracts.
(2) The requirements apply to subcontractors starting October 25, 2017.
(3) The decision disclosure period covers labor law decisions rendered
against the offeror during the period beginning on October 25, 2015 to
the date of the offer, or for three years preceding the offer,
whichever period is shorter. (4) The paycheck transparency clause
applies to solicitations starting January 1, 2017. There is significant
impact on small entities imposed by the FAR rule.
Dated: August 10, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2016-19677 Filed 8-24-16; 8:45 am]
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