[Federal Register: May 16, 2001 (Volume 66, Number 95)]
[Rules and Regulations]
[Page 27416-27417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my01-29]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22 and 52
[FAC 97-26; FAR Case 2001-017; Item III]
RIN 9000-AJ13
Federal Acquisition Regulation; Executive Order 13204, Revocation
of Executive Order on Nondisplacement of Qualified Workers Under
Certain Contracts
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to implement
Executive Order (E.O.) 13204, Revocation of Executive Order on
Nondisplacement of Qualified Workers Under Certain Contracts, signed by
the President on February 17, 2001. The E.O. requires that any rules
implementing E.O. 12933, Nondisplacement of Qualified Workers Under
Certain Contracts, be promptly rescinded.
DATES: Effective Date: May 16, 2001.
Comment Date: Interested parties should submit comments to the FAR
Secretariat at the address shown below on or before July 16, 2001 to be
considered in the formulation of a final rule.
ADDRESSES: Submit written comments to: General Services Administration,
FAR Secretariat (MVP), 1800 F Street, NW, Room 4035, Attn: Ms. Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to: farcase.2001-
017@gsa.gov
Please submit comments only and cite FAC 97-26, FAR case 2001-017
in all correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (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 FAC 97-26, FAR case 2001-017.
SUPPLEMENTARY INFORMATION:
A. Background
Executive Order 12933 was signed October 20, 1994, by President
Clinton and published in the Federal Register on October 24, 1994 (59
FR 53559). The E.O. required that building service contracts for public
buildings include a clause requiring the contractor under a contract
that succeeds a contract for performance of similar services at the
same public building to offer certain employees under the predecessor
contract, a right of first refusal to employment under the new
contract. E.O. 12933 was implemented in the FAR as an interim rule in
FAC 97-01 (62 FR 44823) dated August 22, 1997. The regulation was
finalized with minor changes in FAC 97-11 (64 FR 10545) dated March 4,
1999. A further change was made in FAC 97-15 adding the clause to the
commercial item clause list at 52.212-5 (64 FR 72450, December 27,
1999).
On February 17, 2001, President George W. Bush signed E.O. 13204
rescinding E.O. 12933 and calling for the prompt recession of any
orders, rules, regulations, guidelines, or policies implementing or
enforcing E.O. 12933, to the extent consistent with law. Contracting
officers should not take any action on any complaint filed under former
FAR Subpart 22.12.
Effective March 23, 2001, the Department of Labor rescinded its
rule implementing E.O. 12933 (66 FR 16126, March 23, 2001).
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 interim rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 51 U.S.C. 601, et seq., because the
rule merely removes requirements from the FAR that implemented
regulations issued by the Department of Labor (DoL) for which DoL
certified would not have a significant economic effect on a substantial
number of small entities (62 FR 28175, May 22, 1997). This rule
implements the requirements of E.O. 13204. Therefore, an Initial
Regulatory Flexibility Analysis has not been performed. The Councils
will consider comments from small entities concerning the affected FAR
Parts 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. (FAC 97-
26, FAR case 2001-017), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the 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.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary to implement E.O. 13204, Revocation of Executive Order on
Nondisplacement of Qualified Workers Under Certain Contracts, dated
February 17, 2001. E.O. 13204 required the Federal Acquisition
Regulatory Council to promptly rescind any orders, rules, regulations,
guidelines, or policies implementing or enforcing E.O. 12933. However,
pursuant to Public Law 98-577 and FAR 1.501, public comments
[[Page 27417]]
received in response to this interim rule will be considered in
formulating the final rule.
List of Subjects in 48 CFR Parts 22 and 52
Government procurement.
Dated: May 10, 2001.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 22 and 52 as set
forth below:
1. The authority citation for 48 CFR parts 22 and 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).
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
Subpart 22.12 [Reserved]
2. Remove and reserve Subpart 22.12.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.212-5 [Amended]
3. Amend section 52.212-5 by revising the clause date to read May
2001; and by removing paragraph (c)(6).
52.222-50 [Reserved]
4. Remove and reserve section 52.222-50.
[FR Doc. 01-12246 Filed 5-15-01; 8:45 am]
BILLING CODE 6820-EP-P