[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Page 91626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30089]



[[Page 91625]]

Vol. 81

Friday,

No. 242

December 16, 2016

Part IX





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Chapter 1





Federal Acquisition Regulations; Interim and Final Rules

  Federal Register / Vol. 81 , No. 242 / Friday, December 16, 2016 / 
Rules and Regulations  

[[Page 91626]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2016-0051, Sequence No. 7]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-93; Introduction

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

ACTION: Summary presentation of interim and final rules.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2005-93. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC. The FAC, including 
the SECG, is available via the Internet at http://www.regulations.gov.

DATES: For effective dates see the separate documents, which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below in relation to the FAR case. Please cite FAC 2005-93 and 
the specific FAR case number. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755.

                                           Rules Listed in FAC 2005-93
----------------------------------------------------------------------------------------------------------------
               Item                           Subject               FAR Case                 Analyst
----------------------------------------------------------------------------------------------------------------
I................................  Paid Sick Leave for Federal         2017-001  Delgado.
                                    Contractors (Interim).
II...............................  Fair Pay and Safe                   2014-025  Delgado.
                                    Workplaces; Injunction.
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these rules, refer to the 
specific item numbers and subjects set forth in the documents following 
these item summaries. FAC 2005-93 amends the FAR as follows:

Item I--Paid Sick Leave for Federal Contractors (FAR Case 2017-001) 
(Interim)

    This interim rule amends the FAR to implement Executive Order 
(E.O.) 13706 and a Department of Labor final rule issued on September 
30, 2016, both entitled ``Establishing Paid Sick Leave for Federal 
Contractors.'' The interim rule requires contractors to allow all 
employees performing work on or in connection with a contract covered 
by the E.O. to accrue and use paid sick leave in accordance with E.O. 
13706 and 29 CFR part 13. Contracting officers will include a clause in 
covered contracts.

Item II--Fair Pay and Safe Workplaces; Injunction (FAR Case 2014-025)

    This final rule amends the FAR to include caveats on sections of 
FAR Case 2015-024, Fair Pay and Safe Workplaces, that were enjoined 
indefinitely as of October 24, 2016, by court order. FAR Case 2015-024 
was published as a final rule in the Federal Register at 81 FR 58562 to 
implement Executive Order (E.O.) 13673, as amended by E.O.s 13683 and 
13737. The rule had an effective date of October 25, 2016. On October 
7, 2016, the Associated Builders and Contractors of Southeast Texas, 
Inc., the Associated Builders and Contractors, Inc., and the National 
Association of Security Companies, filed a lawsuit in the United States 
District Court for the Eastern District of Texas, seeking to overturn 
the final rule, Civil Action No. 1:16-CV-425. The District Court issued 
a ``Memorandum and Order Granting Preliminary Injunction'' on October 
24, 2016. The Court Order on page 31 stated that ``Defendants are 
enjoined from implementing any portion of the FAR Rule or DOL Guidance 
relating to the new reporting and disclosure requirements regarding 
labor law violations as described in Executive Order 13673 and 
implemented in the FAR Rule and DOL Guidance. Further, Defendants are 
enjoined from enforcing the restriction on arbitration agreements.'' 
The Court did not enjoin implementation of those sections of, or the 
clause in, the FAR rule addressing the E.O.'s paycheck transparency 
requirements. To ensure compliance with the Court Order, the FAR 
Council issued a memorandum on October 25, 2016, subject ``Court Order 
Enjoining Certain Sections, Provisions, and Clauses in Federal 
Acquisition Circular (FAC) 2005-90, Implementing Executive Order (E.O.) 
13673, Fair Pay and Safe Workplaces.''

    Dated: December 9, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2005-93 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-93 is 
effective December 16, 2016 except for item II, which is effective 
January 1, 2017.


    Dated: December 8, 2016.

Frank Kendall,
Under Secretary of Defense for Acquisition, Technology and Logistics.

    Dated: December 9, 2016.

Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, 
U.S. General Services Administration.

    Dated: December 7, 2016.

William P. McNally,
Assistant Administrator, Office of Procurement National Aeronautics and 
Space Administration.

[FR Doc. 2016-30089 Filed 12-15-16; 8:45 am]
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