[Federal Register: March 22, 2007 (Volume 72, Number 55)]
[Rules and Regulations]
[Page 13585]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr07-16]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 22, 47, 52, and 53
[FAC 2005-16; FAR Case 2005-033; Item I; Docket 2007-0001, Sequence 1]
RIN 9000-AK47
Federal Acquisition Regulation; FAR Case 2005-033; Implementation
of Wage Determinations OnLine (WDOL)
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed to adopt the
interim rule published in the Federal Register at 71 FR 36930, June 28,
2006, as a final rule without change. This final rule amends the
Federal Acquisition Regulation (FAR) to implement the Wage
Determinations OnLine (WDOL) Internet website as the source for Federal
contracting agencies to obtain wage determinations issued by the
Department of Labor (DOL) for service contracts subject to the
McNamara-O'Hara Service Contract Act (SCA) and for construction
contracts subject to the Davis-Bacon Act (DBA).
DATES: Effective Date: March 22, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775 for clarification of content. Please cite
FAC 2005-16, FAR case 2005-033. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 71 FR 36930, June 28, 2006. The interim rule amended FAR
Part 22 to implement Wage Determinations Online (WDOL) Internet Website
(http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.wdol.gov) as the source for Federal contracting agencies to
obtain wage determinations issued by the Department of Labor (DOL) for
service contracts subject to the Service Contract Act (SCA) and for
construction contracts subject to the Davis-Bacon Act (DBA). The rule
incorporated new geographical jurisdictions for DOL's Wage and Hour
Regional Offices and eliminated FAR references to the Government
Printing Office (GPO) publication of general wage determinations.
The interim rule eliminated the requirement for the contracting
officer to submit a copy of collective bargaining agreements (CBAs) to
the DOL for the purpose of obtaining a wage determination under Section
4(c) of the SCA, unless directed by the DOL to do so. The rule also
deleted the FAR clause at 52.222-47, SCA Minimum Wages and Fringe
Benefits Applicable to Successor Contract Pursuant to Predecessor
Contractor Collective Bargaining Agreements (CBA), because the WDOL
process makes it unnecessary. Additionally, the rule revised FAR clause
52.222-49, Service Contract Act--Place of Performance Unknown, to make
conforming changes to FAR references, and deleted Standard Forms 98,
98a, and 99 from FAR Part 53 in their entirety.
Comment. In response to the interim rule, one comment was received.
The commenter was concerned with the risk of issuing the most current
wage determination and allowing offerors to amend their proposal after
the source selection decision is made but prior to award, noting the
possible impact on the proposed price and source selection decision.
The commenter recommended revising the language for contracting by
negotiation in FAR 22.1012-1(c) to be similar to contracting for sealed
bidding or allow the contracting officer to incorporate a wage
determination after award similar to the language provided in FAR
clause 52.222-30, Davis Bacon Act--Price Adjustment (None or Separately
Specified Method).
The Councils considered the comment to be outside the scope of the
rule and referred the comment to the Department of Defense Labor
Committee for their review and input. Therefore, the councils have
agreed to implement the interim rule as written without changes.
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 Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 the rule involves
internal Government processes between the DOL and Federal contracting
agencies. During the design phase of WDOL.gov, the WDOL Task Force
coordinated with a number of labor organizations, contractors, the
Contract Services Association, and various Federal contracting agencies
to address and satisfy any concerns about the effect of the rule on all
interested parties, including small entities. The only comment received
on the interim rule was determined to be outside the scope of the rule.
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.
List of Subjects in 48 CFR Parts 4, 22, 47, 52, and 53
Government procurement.
Dated: March 15, 2007.
Ralph De Stefano,
Director, Contract Policy Division.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR parts 4, 22, 47, 52, and
53, which was published in the Federal Register at 71 FR 36930, June
28, 2006, is adopted as a final rule without change.
[FR Doc. 07-1358 Filed 3-21-07; 8:45 am]
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