[Federal Register: October 26, 2000 (Volume 65, Number 208)]
[Proposed Rules]
[Page 64297-64299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc00-30]
[[Page 64297]]
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Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Part 52
Federal Acquisition Regulation; Application of Labor Clauses; Proposed
Rule
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAR Case 1999-612]
RIN 9000-AI95
Federal Acquisition Regulation; Application of Labor Clauses
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) by amending the clause, Terms and
Conditions--Simplified Acquisitions (Other Than Commercial Items), to
include the Prohibition of Segregated Facilities clause and to clarify
the application of labor clauses below the simplified acquisition
threshold. The Councils are also proposing to amend the Equal
Opportunity clause to incorporate the exception for work performed
outside the United States.
DATES: Interested parties should submit comments in writing on or
before December 26, 2000 to be considered in the formulation of a final
rule.
ADDRESSES: Submit written comments to: General Services Administration,
FAR Secretariat (MVRS), 1800 F Street, NW., Room 4035, ATTN: Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to: farcase.1999 -
612@gsa.gov.
Please submit comments only and cite FAR case 1999-612 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Linda Klein, Procurement Analyst, at (202) 501-
3775. Please cite FAR case 1999-612.
SUPPLEMENTARY INFORMATION:
A. Background
The proposed rule amends the clause at 52.213-4, Terms and
Conditions--Simplified Acquisitions (Other Than Commercial Items), to
include the clause at 52.222-21, Prohibition of Segregated Facilities.
This amendment clarifies the existing requirements of 41 CFR 60-1.8,
promulgated by the Department of Labor under E.O. 112146. The
Prohibition of Segregated Facilities clause must be included in
contracts whenever the Equal Opportunity clause (FAR 52.222-26) is
included.
Upon review of the requirements for inclusion of the Equal
Opportunity clause, the Councils moved the Equal Opportunity clause
from the list at paragraph (b), to the list at paragraph (a), because
the clause must be included in almost all contracts, even those under
$10,000, in accordance with the requirements at FAR 22.802(a)(1) and
22.807(b). Even though included, the clause is inapplicable unless the
aggregate value of contracts and subcontracts awarded to the contractor
exceeds $10,000 in a year.
The Councils have made other revisions to paragraphs (b)(1)(i),
(b)(1)(iv), and (b)(1)(vi) of the clause at FAR 52.213-4, and paragraph
(a) of the clause at FAR 52.222-26, relating to geographic
applicability of labor clauses, to comply with the current regulations
at FAR 22.603, 22.807(b)(2), 22.1001, 22.1003-2, and 22.1408(a)(1).
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because this rule only clarifies the existing requirements. An Initial
Regulatory Flexibility Analysis has, therefore, not been performed. We
invite comments from small businesses and other interested parties. The
Councils will consider comments from small entities concerning the
affected FAR Part in accordance with 5 U.S.C. 610. Interested parties
must submit such comments separately and should cite 5 U.S.C. 601, et
seq. (FAR case 1999-612), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: October 20, 2000.
Al Matera,
Acting Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose that 48 CFR part 52 be
amended as set forth below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR part 52 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Amend section 52.213-4 by--
a. Revising the date of the clause;
b. Redesignating paragraphs (a)(1)(ii) and (a)(1)(iii) as
(a)(1)(iv) and (a)(1)(v), respectively;
c. Adding new paragraphs (a)(1)(ii) and (a)(1)(iii); and
d. Revising paragraphs (b)(1)(i), (b)(1)(iv), and (b)(1)(vi) and
removing and reserving paragraph (b)(1)(ii) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (Date)
(a) * * *
(1) * * *
(ii) 52.222-21, Prohibition of Segregated Facilities (FEB 1999)
(E.O. 11246).
(iii) 52.222-26, Equal Opportunity (DATE) (E.O. 11246).
* * * * *
(b) * * *
(1) * * *
(i) 52.222-20, Walsh-Healey Public Contracts Act (DEC 1996) (41
U.S.C. 35-45) (Applies to supply contracts over $10,000 in the
United States, Puerto Rico, or the U.S. Virgin Islands).
(ii) [Reserved]
* * * * *
(iv) 52.222-36, Affirmative Action for Workers with Disabilities
(JUN 1998) (29 U.S.C. 793) (Applies to contracts over $10,000,
unless the work is to be performed outside the United States by
employees recruited outside the United States (for purposes of this
clause, ``United States'' includes the 50 States, the District of
Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa,
Guam, the U.S. Virgin Islands, and Wake Island).
* * * * *
(vi) 52.222-41, Service Contract Act of 1965, As Amended (May
1989) (41 U.S.C. 351, et seq.) (Applies to service contracts over
$2,500 that are subject to the Service Contract Act and will be
performed in the United States, District of Columbia, Puerto Rico,
the Northern Mariana Islands,
[[Page 64299]]
American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake
Island, or the outer continental shelf lands).
* * * * *
3. Amend section 52.222-26 by--
a. Revising the date of the clause;
b. Removing the paragraph designation and the introductory text of
paragraph (b);
c. Redesignating paragraph (a) as paragraph (b) and revising the
introductory text; and
d. Adding a new paragraph (a) to read as follows:
52.222-26 Equal Opportunity.
* * * * *
Equal Opportunity (Date)
(a) Definition. United States, as used in this clause, means the
50 States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and
Wake Island.
(b) If, during any 12-month period (including the 12 months
preceding the award of this contract), the Contractor has been or is
awarded nonexempt Federal contracts and/or subcontracts that have an
aggregate value in excess of $10,000, the Contractor shall comply
with paragraphs (b)(1) through (11) of this clause, except for work
performed outside the United States by employees who were not
recruited within the United States. Upon request, the Contractor
shall provide information necessary to determine the applicability
of this clause.
* * * * *
[FR Doc. 00-27500 Filed 10-25-00; 8:45 am]
BILLING CODE 6820-EP-P