[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Rules and Regulations]
[Pages 42568-42569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17822]

[[Page 42567]]

Vol. 83


No. 163

August 22, 2018

Part II

Department of Defense


General Services Administration


National Aeronautics and Space Administration


48 CFR Chapter 1, et al.

Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 83 , No. 163 / Wednesday, August 22, 2018 / 
Rules and Regulations

[[Page 42568]]





48 CFR Chapter 1

[Docket No. FAR 2018-0001, Sequence No. 4]

Federal Acquisition Regulation: Federal Acquisition Circular 
2005-100; Introduction

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

ACTION: Summary presentation of final rules.


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) 2005-100. 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 2005-100 and 
the specific FAR case number. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 

                      Rules Listed in FAC 2005-100
    Item               Subject             FAR case          Analyst
I...........  Paid Sick Leave for             2017-001  Delgado.
               Federal Contractors.
II..........  Non-Retaliation for             2016-007  Delgado.
               Disclosure of
III.........  Technical Amendments....

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 2005-100 amends the FAR as follows:

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

    DoD, GSA, and NASA are converting to a final rule, without change, 
an interim rule that amended the Federal Acquisition Regulation (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 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. This FAR rule neither 
increases nor decreases the cost of the interim rule (81 FR 91627), 
which has been in effect since January 1, 2017.

Item II--Non-Retaliation for Disclosure of Compensation Information 
(FAR Case 2016-007)

    DoD, GSA, and NASA are converting to a final rule, without change, 
an interim rule that amended the Federal Acquisition Regulation (FAR) 
to implement Executive Order (E.O.) 13665, Non-Retaliation for 
Disclosure of Compensation Information. E.O. 13665, signed April 8, 
2014, amended E.O. 11246, Equal Opportunity in Federal Employment. The 
interim FAR rule also implemented a final rule issued by the Office of 
Federal Contract Compliance Programs (OFCCP) of the Department of 
Labor, entitled Government Contractors, Prohibitions Against Pay 
Secrecy Policies and Actions, which was published on September 11, 
    E.O. 11246, originally issued September 24, 1965, establishes 
nondiscrimination and affirmative action obligations in employment for 
Federal contractors and subcontractors. It prohibits employment 
discrimination because of race, color, religion, sex, sexual 
orientation, gender identity, and national origin. E.O. 13665 amends 
E.O. 11246 and its Equal Opportunity Clause by incorporating, as a 
covered prohibition, discriminating against employees and job 
applicants who inquire about, discuss, or disclose the compensation of 
the employee or applicant or another employee or applicant. Federal 
contractors and subcontractors must disseminate this nondiscrimination 
provision, using language prescribed by the Director of OFCCP, 
including incorporating the provision into existing employee manuals or 
handbooks and posting it. There is no significant impact on small 
entities imposed by the FAR rule.

Item III--Technical Amendments

    Editorial changes and updates to web links are made at FAR 2.101, 
4.1603, 4.1702, 5.102, 5.201, 5.207, 5.704, 5.705, 6.305, 7.103, 7.105, 
7.107-4, 8.405-6, 8.501, 8.602, 9.406-3, 9.407-3, 14.201-2, 16.505, 
17.502-1, 18.205, 19.704, 19.1503, 22.001, 22.404-3, 22.1001, 22.1021, 
22.1022, 22.1304, 23.202, 23.203, 23.205, 23.401, 23.405, 23.802, 
25.003, 25.703-2, 28.106-1, 28.106-3, 28.203-3, 28.204-3, 31.205-6, 
36.104, 36.700, 41.301, 49.602, 52.208-8, 52.212-1, 52.212-3, 52.212-5, 
52.213-4, 52.219-9, 52.222-6, 52.222-8, 52.222-30, 52.222-31, 52.222-
32, 52.222-41, 52.222-43, 52.223-17, 52.225-5, 52.225-18, 52.225-25, 
52.228-11, 52.243-1, 52.244-6, 53.000, 53.102, 53.209-1, 53.228, 53.249 
and subpart 53.3.

    Dated: July 31, 2018.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
    Federal Acquisition Circular (FAC) 2005-100 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 2005-100 is 
effective August 22, 2018.

[[Page 42569]]

    Dated: August 1, 2018.
Shay D. Assad,
Director, Defense Pricing/Defense Procurement and Acquisition Policy.
    Dated: August 14, 2018.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, 
U.S. General Services Administration.
    Dated: August 2, 2018.
William G. Roets, II,
Acting Assistant Administrator, Office of Procurement, National 
Aeronautics and Space Administration.
[FR Doc. 2018-17822 Filed 8-21-18; 8:45 am]