[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 91641-91642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30092]


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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; 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 rules 
appearing in Federal Acquisition Circular (FAC) 2005-93, 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 
these rules by referring to FAC 2005-93, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: December 16, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-93 and the 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
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             Item                            Subject                 FAR case                 Analyst
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I *...........................  Paid Sick Leave for Federal             2017-001  Delgado.
                                 Contractors (Interim).
II............................  Fair Pay and Safe Workplaces;           2014-025  Delgado.
                                 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

[[Page 91642]]

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.
[FR Doc. 2016-30092 Filed 12-15-16; 8:45 am]
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