[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 91636-91641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30091]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 4, 9, 17, 22, 42, and 52
[FAC 2005-93; FAR Case 2014-025; Item II; Docket No. 2014-0025;
Sequence No. 2]
RIN 9000-AN30
Federal Acquisition Regulation; Fair Pay and Safe Workplaces;
Injunction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule; injunction.
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SUMMARY: A final rule was published in the Federal Register on August
25, 2016 amending the Federal Acquisition Regulation (FAR) to implement
the Executive Order (E.O.) on Fair Pay and Safe Workplaces. The E.O.
was designed
[[Page 91637]]
to promote contracting efficiency by improving compliance with basic
labor standards during the performance of federal contracts.
Implementation of portions of the E.O. was preliminarily enjoined by an
order issued by a Federal District court on October 24, 2016. DoD, GSA,
and NASA are amending sections of the FAR that are affected by the
Court's preliminary injunction order.
DATES: Effective: December 16, 2016.
Applicability Date: October 24, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite FAC 2005-93, FAR Case
2014-025; Injunction.
SUPPLEMENTARY INFORMATION:
A. Background
1. The Final Rule and Court Order
On August 25, 2016, DoD, GSA, and NASA published a final rule in
the Federal Register at 81 FR 58562 to implement Executive Order (E.O.)
13673, as amended by E.O. 13683 and 13738 (hereinafter designated as
the ``E.O.''). The E.O. was designed to promote contracting efficiency
by improving contractor compliance with basic labor standards during
the performance of Federal contracts. The rule, which added coverage in
FAR parts 1, 4, 9, 17, 22, 42, and 52, 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
(Civil Action No. 1:16-CV-425) seeking to overturn the final rule. On
October 13, 2016, the plaintiffs filed an ``Emergency Motion for
Temporary Restraining Order and Preliminary Injunction.''
The District Court issued a ``Memorandum and Order Granting
Preliminary Injunction'' on October 24, 2016. The Court Order on page
31 states that ``Defendants are enjoined [from] implementing any
portion of the FAR Rule or Department of Labor 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.''
On October 25, 2016, the Federal Acquisition Regulatory Council
issued a memorandum to the Chief Acquisition Officers, Senior
Procurement Executives, Defense Acquisition Regulations Council, and
Civilian Agency Acquisition Council directing that all steps necessary
be taken to ensure the enjoined sections, provisions, and clauses of
the final rule are not implemented until such time as the injunction is
terminated. The Council enumerated specific steps to be taken at a
minimum, including the following:
1. Ensure new solicitations do not include representations or
clauses that the enjoined coverage of the rule would have required--
i.e., the representation at FAR 52.222-57 and its commercial items
version at paragraph (s) of 52.212-3, and 52.222-58 and the clause at
52.222-59, to direct disclosure of labor law violation decisions by
offerors or contractors, or clause 52.222-61, that would require an
offeror or contractor to agree to restrict use of mandatory pre-dispute
arbitration agreements.
2. If a solicitation has been issued with representations or
clauses listed in the previous paragraph 1, amend those solicitations
immediately to remove those representations and clauses. Additionally,
agencies shall not take any action on information, if any, submitted in
response to those representations and clauses.
3. Ensure contracting officers do not implement the procedures in
FAR 22.2004-2, 22.2004-3, 22.2004-4, or associated changes in FAR parts
9 and 42.
The FAR Council requested that agencies share its instructions
widely among their workforces. It posted the Memorandum at https://www.acquisition.gov/fair-pay-eo and the Department of Labor re-posted
the Memorandum at the top of its information page on the Fair Pay and
Safe Workplaces E.O. at https://www.dol.gov/asp/fairpayandsafeworkplaces/.
As an additional step to ensure full awareness of, and compliance
with, the Court Order, DoD, GSA, and NASA, on behalf of the FAR
Council, are taking this more comprehensive administrative action to
amend the final rule to include caveats throughout the rule for each
section, provision, and clause that was enjoined by the terms of the
Court Order. The caveat explains that the affected regulatory coverage
has been enjoined as of October 24 and is enjoined indefinitely, but
will become effective immediately if the injunction is terminated. At
that time, DOD, GSA, and NASA will take an additional administrative
action to remove the caveats added by this final rule.
In further compliance with the terms of the Court Order, as
explained by the FAR Council in its October 25 Memorandum, GSA's
Integrated Award Environment has halted actions to release the changes
for the System for Award Management (SAM) that would support bidder and
contractor submission of information on labor law violation decisions
as well as the changes that would support public disclosure of this
information in the Federal Awardee Performance and Integrity
Information System (FAPIIS).
2. Paycheck Transparency
The final rule issued on August 25 also included coverage
addressing the paycheck transparency requirements in section 5 of the
E.O. Section 5(a) of the E.O. requires contractors and subcontractors
performing covered contracts or subcontracts to provide wage statements
to covered workers, giving them information concerning their hours
worked, overtime hours pay, and any additions to or deductions made
from their pay. Section 5(b) requires contractors and subcontractors
performing covered contracts or subcontracts to provide a document to
individuals performing work under the contract or subcontract as
independent contractors informing them of their status as independent
contractors. These requirements are implemented in FAR 22.2005, FAR
22.2007(d), and the clause at FAR 52.222-60, and further reflected in
several other FAR clauses. The Court Order does not enjoin
implementation of the coverage on paycheck transparency. On page 31 of
the Order, the Court explains that ``[t]he court does not find that
Plaintiffs have established a substantial likelihood of success on
their claims regarding the `paycheck transparency requirement' and have
failed to establish that they will suffer irreparable harm as to the
implementation of those provisions, which do not take effect until
January 1, 2017. See 81 FR at 58713. Therefore, the court declines to
enjoin enforcement of the paycheck provisions.'' Accordingly, the
paycheck transparency clause language at FAR 52.222-60, 52.244-
6(c)(1)(xiv), 52.212-5(b)(36), (e)(1)(xvii) and Alternate
II(e)(1)(ii)(Q) take effect for new solicitations issued on or after
January 1, 2017, as stated in the final rule.
A number of other provisions in FAR parts 9, 22 and clause language
in part 52 that make minor editorial changes or technical references
are also not affected by the Court Order and, for this reason, do not
appear in this final rule.
[[Page 91638]]
B. 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). The final
rule issued August 25, 2016, was a significant regulatory action
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993, and a major rule under 5 U.S.C.
804. The action published today is amending the FAR to show enjoined
sections as being enjoined indefinitely.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule is an administrative action that does not require
publication for public comment.
List of Subjects in 48 CFR Parts 1, 4, 9, 17, 22, 42, and 52
Government procurement.
Dated: December 9, 2016.
William F. Clark,
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, 4, 9, 17, 22,
42, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 4, 9, 17, 22, 42, 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
0
2. Amend section 1.106 by adding a Note to the section to read as
follows:
1.106 OMB approval under the Paperwork Reduction Act.
* * * * *
Note to 1.106: By a court order issued on October 24, 2016, FAR
segments ``52.222-57'', ``52.222-58'', and ``52.222-59'' and their
corresponding OMB Control Number ``9000-0195'' are enjoined
indefinitely as of the date of the order. The enjoined segments will
become effective immediately if the court terminates the injunction.
At that time, DoD, GSA, and NASA will publish a document in the
Federal Register advising the public of the termination of the
injunction.
PART 4--ADMINISTRATIVE MATTERS
0
3. Amend section 4.1202 by adding a Note to paragraph (a)(21) to read
as follows:
4.1202 Solicitation provision and contract clause.
(a) * * *
(21) * * *
Note to paragraph (a)(21): By a court order issued on October
24, 2016, this paragraph (a)(21) is enjoined indefinitely as of the
date of the order. The enjoined paragraph will become effective
immediately if the court terminates the injunction. At that time,
DoD, GSA, and NASA will publish a document in the Federal Register
advising the public of the termination of the injunction.
* * * * *
PART 9--CONTRACTOR QUALIFICATIONS
0
4. Amend section 9.104-4 by adding a Note to paragraph (b) to read as
follows:
9.104-4 Subcontractor responsibility.
* * * * *
(b) * * *
Note to paragraph (b): By a court order issued on October 24,
2016, this paragraph (b) is enjoined indefinitely as of the date of
the order. The enjoined paragraph will become effective immediately
if the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
* * * * *
0
5. Amend section 9.104-5 by adding a Note to paragraph (d) to read as
follows:
9.104-5 Representation and certifications regarding responsibility
matters.
* * * * *
(d) * * *
Note to paragraph (d): By a court order issued on October 24,
2016, this paragraph (d) is enjoined indefinitely as of the date of
the order. The enjoined paragraph will become effective immediately
if the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
* * * * *
0
6. Amend section 9.104-6 by adding Notes to paragraphs (b)(4) and (6)
to read as follows:
9.104-6 Federal Awardee Performance and Integrity Information System.
* * * * *
(b) * * *
(4) * * *
Note to paragraph (b)(4): By a court order issued on October 24,
2016, the second sentence of this paragraph (b)(4) is enjoined
indefinitely as of the date of the order. The enjoined sentence will
become effective immediately if the court terminates the injunction.
At that time, DoD, GSA, and NASA will publish a document in the
Federal Register advising the public of the termination of the
injunction.
* * * * *
(6) * * *
Note to paragraph (b)(6): By a court order issued on October 24,
2016, this paragraph (b)(6), is enjoined indefinitely as of the date
of the order. The enjoined paragraph will become effective
immediately if the court terminates the injunction. At that time,
DoD, GSA, and NASA will publish a document in the Federal Register
advising the public of the termination of the injunction.
* * * * *
0
7. Amend section 9.105-1 by adding a Note to paragraph (b)(4) to read
as follows:
9.105-1 Obtaining information.
* * * * *
(b) * * *
(4) * * *
Note to paragraph (b)(4): By a court order issued on October 24,
2016, this paragraph (b)(4) is enjoined indefinitely as of the date
of the order. The enjoined paragraph will become effective
immediately if the court terminates the injunction. At that time,
DoD, GSA, and NASA will publish a document in the Federal Register
advising the public of the termination of the injunction.
* * * * *
PART 17--SPECIAL CONTRACTING METHODS
0
8. Amend section 17.207 by adding a Note to paragraph (c)(8) to read as
follows:
17.207 Exercise of options.
* * * * *
(c) * * *
(8) * * *
Note to paragraph (c)(8): By a court order issued on October 24,
2016, this paragraph (c)(8) is enjoined indefinitely as of the date
of the order. The enjoined paragraph will become effective
immediately if the court terminates the injunction. At that time,
DoD, GSA, and NASA will publish a document in the Federal Register
advising the public of the termination of the injunction.
* * * * *
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
9. Amend section 22.102-2 by adding a Note to paragraph (c)(3) to read
as follows:
[[Page 91639]]
22.102-2 Administration and enforcement.
* * * * *
(c) * * *
(3) * * *
Note to paragraph (c)(3): By a court order issued on October 24,
2016, this paragraph (c)(3) is enjoined indefinitely as of the date
of the order. The enjoined paragraph will become effective
immediately if the court terminates the injunction. At that time,
DoD, GSA, and NASA will publish a document in the Federal Register
advising the public of the termination of the injunction.
0
10. Amend section 22.104 by adding Notes to paragraphs (b)(1) and (d)
to read as follows:
22.104 Agency labor advisors.
* * * * *
(b) * * *
(1) * * *
Note to paragraph (b)(1): By a court order issued on October 24,
2016, the words ``agency labor compliance advisors (ALCAs) (as
defined at 22.2002)'' in this paragraph (b)(1) are enjoined
indefinitely as of the date of the order. The enjoined words will
become effective immediately if the court terminates the injunction.
At that time, DoD, GSA, and NASA will publish a document in the
Federal Register advising the public of the termination of the
injunction.
* * * * *
(d) * * *
Note to paragraph (d): By a court order on October 24, 2016,
this paragraph (d) is enjoined indefinitely as of the date of the
order. The enjoined paragraph will become effective immediately if
the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
0
11. Amend section 22.2000 by adding a Note to the section to read as
follows:
22.2000 Scope of subpart.
* * * * *
Note to 22.2000: By a court order issued on October 24, 2016,
this section is enjoined indefinitely as of the date of the order.
The enjoined section will become effective immediately if the court
terminates the injunction. At that time, DoD, GSA, and NASA will
publish a document in the Federal Register advising the public of
the termination of the injunction.
0
12. Amend section 22.2002 by adding a Note to the section to read as
follows:
22.2002 Definitions.
* * * * *
Note to 22.2002: By a court order issued on October 24, 2016,
this section is enjoined indefinitely as of the date of the order.
The enjoined section will become effective immediately if the court
terminates the injunction. At that time, DoD, GSA, and NASA will
publish a document in the Federal Register advising the public of
the termination of the injunction.
0
13. Amend section 22.2003 by adding a Note to section to read as
follows:
22.2003 Policy.
* * * * *
Note to 22.2003: By a court order issued on October 24, 2016,
this section is enjoined indefinitely as of the date of the order.
The enjoined section will become effective immediately if the court
terminates the injunction. At that time, DoD, GSA, and NASA will
publish a document in the Federal Register advising the public of
the termination of the injunction.
0
14. Amend section 22.2004-1 by adding a Note to the section to read as
follows:
22.2004-1 General.
* * * * *
Note to 22.2004-1: By a court order issued on October 24, 2016,
this section is enjoined indefinitely as of the date of the order.
The enjoined section will become effective immediately if the court
terminates the injunction. At that time, DoD, GSA, and NASA will
publish a document in the Federal Register advising the public of
the termination of the injunction.
0
15. Amend section 22.2004-2 by adding a Note to the section to read as
follows:
22.2004-2 Preaward assessment of an offeror's labor law violations.
* * * * *
Note to 22.2004-2: By a court order issued on October 24, 2016,
this section is enjoined indefinitely as of the date of the order.
The enjoined section will become effective immediately if the court
terminates the injunction. At that time, DoD, GSA, and NASA will
publish a document in the Federal Register advising the public of
the termination of the injunction.
0
16. Amend section 22.2004-3 by adding a Note to the section to read as
follows:
22.2004-3 Postaward assessment of a prime contractor's labor law
violations.
* * * * *
Note to section 22.2004-3: By a court order issued on October
24, 2016, this section is enjoined indefinitely as of the date of
the order. The enjoined section will become effective immediately if
the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
0
17. Amend section 22.2004-4 by adding a Note to the section to read as
follows:
22.2004-4 Contractor preaward and postaward assessment of a
subcontractor's labor law violations.
* * * * *
Note to 22.2004-4: By a court order issued on October 24, 2016,
this section is enjoined indefinitely as of the date of the order.
The enjoined section will become effective immediately if the court
terminates the injunction. At that time, DoD, GSA, and NASA will
publish a document in the Federal Register advising the public of
the termination of the injunction.
0
18. Amend section 22.2006 by adding a Note to the section to read as
follows:
22.2006 Arbitration of contractor employee claims.
* * * * *
Note to 22.2006: By a court order issued on October 24, 2016,
this section is enjoined indefinitely as of the date of the order.
The enjoined section will become effective immediately if the court
terminates the injunction. At that time, DoD, GSA, and NASA will
publish a document in the Federal Register advising the public of
the termination of the injunction.
0
19. Amend section 22.2007 by adding Notes to paragraphs (a), (b), (c)
and (e) to read as follows:
22.2007 Solicitation provisions and contract clauses.
(a) * * *
Note to paragraph (a): By a court order issued on October 24,
2016, this paragraph (a) is enjoined indefinitely as of the date of
the order. The enjoined paragraph will become effective immediately
if the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
(b) * * *
Note to paragraph (b): By a court order issued on October 24,
2016, this paragraph (b) is enjoined indefinitely as of the date of
the order. The enjoined paragraph will become effective immediately
if the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
(c) * * *
Note to paragraph (c): By a court order issued on October 24,
2016, this paragraph (c) is enjoined indefinitely as of the date of
the order. The enjoined paragraph will become effective immediately
if the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
* * * * *
(e) * * *
Note to paragraph (e): By a court order issued on October 24,
2016, this paragraph (e) is enjoined indefinitely as of the date of
[[Page 91640]]
the order. The enjoined paragraph will become effective immediately
if the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
20. Amend section 42.1502 by adding a Note to paragraph (j) to read as
follows:
42.1502 Policy.
* * * * *
(j) * * *
Note to paragraph (j): By a court order issued on October 24,
2016, this paragraph (j) is enjoined indefinitely as of the date of
the order. The enjoined paragraph will become effective immediately
if the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
0
21. Amend section 42.1503 by adding Notes to paragraphs (a)(1)(i) and
(ii) and (h)(5) introductory text to read as follows:
42.1503 Procedures.
(a)(1) * * *
(i) * * *
Note to paragraph (a)(1)(i): By a court order issued on October
24, 2016, the words ``agency labor compliance advisor (ALCA) office
(see subpart 22.20)'' in this paragraph (a)(1)(i) are enjoined
indefinitely as of the date of the order. The enjoined words will
become effective immediately if the court terminates the injunction.
At that time, DoD, GSA, and NASA will publish a document in the
Federal Register advising the public of the termination of the
injunction.
(ii) * * *
Note to paragraph (a)(1)(ii): By a court order issued on October
24, 2016, the word ``ALCA'' in this paragraph (a)(1)(ii) is enjoined
indefinitely as of the date of the order. The enjoined word will
become effective immediately if the court terminates the injunction.
At that time, DoD, GSA, and NASA will publish a document in the
Federal Register advising the public of the termination of the
injunction.
* * * * *
(h) * * *
(5) * * *
Note to paragraph (h)(5) introductory text: By a court order
issued on October 24, 2016, this paragraph (h)(5) is enjoined
indefinitely as of the date of the order. The enjoined paragraph
will become effective immediately if the court terminates the
injunction. At that time, DoD, GSA, and NASA will publish a document
in the Federal Register advising the public of the termination of
the injunction.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
22. Amend section 52.204-8 by--
0
a. Revising the date of the provision; and
0
b. Adding a Note to paragraph (c)(1)(xv).
The revision and addition reads as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations and Certifications (DEC 2016)
* * * * *
(c)(1) * * *
(xv) * * *
Note to paragraph (c)(1)(xv): By a court order issued on October
24, 2016, 52.222-57 is enjoined indefinitely as of the date of the
order. The enjoined paragraph will become effective immediately if
the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
* * * * *
0
23. Amend section 52.212-3 by--
0
a. Revising the date of the provision; and
0
b. Adding Notes to paragraphs (a) and (s).
The revision and addition reads as follows:
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (DEC 2016)
* * * * *
(a) * * *
Note to paragraph (a): By a court order issued on October 24,
2016, the following definitions in this paragraph (a) are enjoined
indefinitely as of the date of the order: ``Administrative merits
determination'', ``Arbitral award or decision'', paragraph (2) of
``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'',
``Labor compliance agreement'', ``Labor laws'', and ``Labor law
decision''. The enjoined definitions will become effective
immediately if the court terminates the injunction. At that time,
DoD, GSA, and NASA will publish a document in the Federal Register
advising the public of the termination of the injunction.
* * * * *
(s) * * *
Note to paragraph (s): By a court order issued on October 24,
2016, this paragraph (s) is enjoined indefinitely as of the date of
the order. The enjoined paragraph will become effective immediately
if the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
* * * * *
0
24. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Adding Notes to paragraphs (b)(35) and (e)(1)(xvi); and
0
c. Amending Alternate II by--
0
1. Revising the date of the Alternate; and
0
2. Adding a Note to paragraph (e)(1)(ii)(P) of Alternate II.
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 (DEC 2016)
* * * * *
(b) * * *
(35) * * *
Note to paragraph (b)(35): By a court order issued on October
24, 2016, 52.222-59 is enjoined indefinitely as of the date of the
order. The enjoined paragraph will become effective immediately if
the court terminates the injunction. At that time, DoD, GSA, and
NASA will publish a document in the Federal Register advising the
public of the termination of the injunction.
* * * * *
(e)(1) * * *
(xvi) * * *
Note to paragraph (e)(1)(xvi): By a court order issued on
October 24, 2016, 52.222-59 is enjoined indefinitely as of the date
of the order. The enjoined paragraph will become effective
immediately if the court terminates the injunction. At that time,
DoD, GSA, and NASA will publish a document in the Federal Register
advising the public of the termination of the injunction.
* * * * *
Alternate II (DEC 2016). * * *
* * * * *
(e)(1) * * *
(ii) * * *
(P) * * *
Note to paragraph (e)(1)(ii)(P): By a court order issued on
October 24, 2016, 52.222-59 is enjoined indefinitely as of the date
of the order. The enjoined paragraph will become effective
immediately if the court terminates the injunction. At that time,
DoD, GSA, and NASA will publish a document in the Federal Register
advising the public of the termination of the injunction.
* * * * *
0
25. Amend section 52.222-57 by revising the date of the provision and
adding a Note to the section to read as follows:
[[Page 91641]]
52.222-57 Representation Regarding Compliance with Labor Laws
(Executive Order 13673).
* * * * *
Representation Regarding Compliance With Labor Laws (Executive Order
13673) (DEC 2016)
* * * * *
Note to 52.222-57: By a court order issued on October 24, 2016,
52.222-57 is enjoined indefinitely as of the date of the order. The
enjoined section will become effective immediately if the court
terminates the injunction. At that time, DoD, GSA, and NASA will
publish a document in the Federal Register advising the public of
the termination of the injunction.
0
26. Amend section 52.222-58 by revising the date of the provision and
adding a Note to the section to read as follows:
52.222-58 Subcontractor Responsibility Matters Regarding Compliance
with Labor Laws (Executive Order 13673).
* * * * *
Subcontractor Responsibility Matters Regarding Compliance With
Labor Laws (Executive Order 13673) (DEC 2016)
* * * * *
Note to 52.222-58: By a court order issued on October 24, 2016,
52.222-58 is enjoined indefinitely as of the date of the order. The
enjoined section will become effective immediately if the court
terminates the injunction. At that time, DoD, GSA, and NASA will
publish a document in the Federal Register advising the public of
the termination of the injunction.
0
27. Amend section 52.222-59 by revising the date of the clause and
adding a Note to the section to read as follows:
52.222-59 Compliance with Labor Laws (Executive Order 13673).
* * * * *
Compliance With Labor Laws (Executive Order 13673) (DEC 2016)
* * * * *
Note to 52.222-59: By a court order issued on October 24, 2016,
52.222-59 is enjoined indefinitely as of the date of the order. The
enjoined section will become effective immediately if the court
terminates the injunction. At that time, DoD, GSA, and NASA will
publish a document in the Federal Register advising the public of
the termination of the injunction.
0
28. Amend section 52.222-61 by revising the date of the clause and
adding a Note to the section to read as follows:
52.222-61 Arbitration of Contractor Employee Claims (Executive Order
13673).
* * * * *
Arbitration of Contractor Employee Claims (Executive Order 13673) (DEC
2016)
* * * * *
Note to 52.222-61: By a court order issued on October 24, 2016,
52.222-61 is enjoined indefinitely as of the date of the order. The
enjoined section will become effective immediately if the court
terminates the injunction. At that time, DoD, GSA, and NASA will
publish a document in the Federal Register advising the public of
the termination of the injunction.
0
29. Amend section 52.244-6 by--
0
a. Revising the date of the clause; and
0
b. Adding a Note to paragraph (c)(1)(xiii).
The revision and addition read as follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items (DEC 2016)
* * * * *
(c)(1) * * *
(xiii) * * *
Note to paragraph (c)(1)(xiii): By a court order issued on
October 24, 2016, 52.222-59 is enjoined indefinitely as of the date
of the order. The enjoined paragraph will become effective
immediately if the court terminates the injunction. At that time,
DoD, GSA, and NASA will publish a document in the Federal Register
advising the public of the termination of the injunction.
* * * * *
[FR Doc. 2016-30091 Filed 12-15-16; 8:45 am]
BILLING CODE 6820-EP-P