75780 Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations 

employees of a predecessor subcontractor or 

subcontractors working under this contract, 

as well as of a predecessor Contractor and its 

subcontractors; 

(2) That the subcontractor will provide the 

Contractor with the information about the 

service employees of the subcontractor 

needed by the Contractor to comply with 

paragraphs (d) and (e) of this clause; and 

(3) The recordkeeping requirements of 

paragraph (f) of this clause. 

(End of clause) 

[FR Doc. 2012–30592 Filed 12–20–12; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2012–0081, Sequence 9] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–64; 

Small Entity Compliance Guide 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide. 

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 rule appearing in 

Federal Acquisition Circular (FAC) 

2005–64, 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 this rule 

by referring to FAC 2005–64, which 

precedes this document. These 

documents are also available via the 

Internet at http://www.regulations.gov. 

DATES: For effective date see separate 

document, which follows. 

FOR FURTHER INFORMATION CONTACT: The 

analyst whose name appears in the table 

below in relation to the FAR case. 

Please cite FAC 2005–64 and the 

specific FAR case number. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat at 202–501–4755. 

RULE IN FAC 2005–64 

Subject FAR 

Case Analyst 

* Nondisplacement of 

Qualified Workers 

Under Service Contracts.

2011–028 Loeb 

SUPPLEMENTARY INFORMATION: A 

summary for the FAR rule follows. For 

the actual revisions and/or amendments 

made by this FAR case, refer to the 

specific item number and subject set 

forth in the document following the 

item summary. FAC 2005–64 amends 

the FAR as specified below: 

Nondisplacement of Qualified Workers 

Under Service Contracts (FAR Case 

2011–028) 

This final rule adds subpart 22.12, 

entitled ‘‘Nondisplacement of Qualified 

Workers Under Service Contracts,’’ and 

a related contract clause, to the FAR. 

The new subpart implements Executive 

Order 13495 and Department of Labor 

implementing regulations at 29 CFR part 

9. The final rule applies to service 

contracts for performance by service 

employees of the same or similar work 

at the same location. It requires service 

contractors and their subcontractors 

under successor contracts to offer 

service employees of the predecessor 

contractor and its subcontractors a right 

of first refusal of employment for 

positions for which they are qualified. 

Dated: December 14, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

[FR Doc. 2012–30593 Filed 12–20–12; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

29 CFR Part 9 

RIN 1215–AB69; 1235–AA02 

Nondisplacement of Qualified Workers 

Under Service Contracts; Effective 

Date 

AGENCY: Wage and Hour Division, 

Department of Labor. 

ACTION: Final rule; notice of effective 

date and OMB approval of information 

collection requirements. 

SUMMARY: The Department of Labor 

announces the effective date of its Final 

Rule published on August 29, 2011, to 

implement Executive Order 13495, 

Nondisplacement of Qualified Workers 

Under Service Contracts (Executive 

Order 13495 or Order). Executive Order 

13495 states that the Order shall apply 

to solicitations issued on or after the 

effective date of regulations issued by 

the Federal Acquisition Regulatory 

Council (FARC) to amend the Federal 

Acquisition Regulation (FAR) to provide 

for the inclusion of the contract clause 

set forth in Executive Order 13495 in 

Federal solicitations and contracts for 

services subject to the Order (FARC 

Final Rule). The Department of Labor 

Final Rule provided that it would not be 

effective until the FARC issued the 

FARC Final Rule, and that as a result, 

the Department of Labor would publish 

a notice in the Federal Register 

announcing the effective date once the 

effective date was determined. The 

FARC has established January 18, 2013 

as the effective date for its final rule. In 

accordance with the Department of 

Labor Final Rule, this document advises 

the public of the effective date of the 

Department’s Final Rule. In addition, in 

accordance with the Paperwork 

Reduction Act (PRA), the Department of 

Labor announces that the Office of 

Management and Budget has approved 

the information collection requirements 

contained in the Department of Labor 

Final Rule. 

DATES: The effective date for the Final 

Rule published on August 29, 2011 (76 

FR 53720), is January 18, 2013. In 

addition, on December 7, 2011, the 

Office of Management and Budget 

(OMB) approved under the Paperwork 

Reduction Act the Department of 

Labor’s information collection request 

for requirements in 29 CFR 9.21; 9.12(a), 

(b), (e)(1), (e)(2), and (f) as published in 

the Federal Register on August 29, 

2011. See 76 FR 53744. The current 

expiration date for OMB authorization 

for this information collection is 

December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Helm, Division of Enforcement 

Policies and Procedures, Branch Chief, 

Branch of Government Contracts 

Enforcement, Wage and Hour Division, 

U.S. Department of Labor, at (202) 693– 

0064 (this is not a toll-free number). 

This notice is available through the 

printed Federal Register and 

electronically via the http:// 

www.gpoaccess.gov/fr/index.html Web 

site. 

Copies of this notice may be obtained 

in alternative formats (Large Print, 

Braille, Audio Tape or Disc), upon 

request, by calling (202) 693–0023 (not 

a toll-free number). TTY/TDD callers 

may dial toll-free (877) 889–5627 to 

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Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations 75781 

obtain information or request materials 

in alternative formats. 

SUPPLEMENTARY INFORMATION: Executive 

Order 13495 establishes a general policy 

of the Federal Government concerning 

service contracts and solicitations for 

service contracts for performance of the 

same or similar services at the same 

location. This policy mandates the 

inclusion of a contract clause requiring 

the successor contractor and its 

subcontractors to offer those employees 

employed under the predecessor 

contract, whose employment will be 

otherwise terminated as a result of the 

award of the successor contract, a right 

of first refusal of employment under the 

successor contract in positions for 

which they are qualified. Because the 

Executive Order applies to contract 

solicitations issued on or after the 

effective date for FARC Final Rule, the 

Department of Labor’s final rule 

published August 29, 2011 (76 FR 

53720) could not become effective until 

the effective date of the FARC Final 

Rule. The FARC Final Rule has an 

effective date of January 18, 2013. The 

effective date of the Department’s Final 

Rule also is January 18, 2013. 

The Department’s final rule includes 

information collection requirements 

subject to the Paperwork Reduction Act. 

Specifically, the final rule requires 

information collections for employment 

offers (§ 9.12(a), (b), (e)(1), (e)(2), and 

(f)), and related to the filing of 

complaints (§ 9.21)). As discussed in the 

preamble to the final rule, the 

Department submitted the information 

collections contained therein to the 

Office of Management and Budget 

(OMB) for approval. (76 FR 53744) On 

December 7, 2011, OMB approved the 

Department’s information collection 

request under Control Number 1235– 

0025, thus giving effect to the 

information collection requirements 

contained in the final rule published in 

the Federal Register on August 29, 

2011. The current expiration date for 

OMB authorization for this information 

collection is December 13, 2014. 

The Department has determined that 

good cause exists to make this Final 

Rule effective on January 18, 2013, 

concurrent with the effective date of the 

FARC Final Rule. This Final Rule is a 

technical amendment to the 

Department’s final rule published in the 

Federal Register on August 29, 2011 (76 

FR 53720), in which the Department 

advised the public that the rule would 

not be effective until the FARC issued 

the FARC Final Rule, and that as a 

result, the Department would publish a 

notice in the Federal Register 

announcing the effective date once the 

effective date was determined. 

Contractors and subcontractors subject 

to the Department’s Final Rule have had 

sufficient opportunity to determine how 

they would comply with the 

Department’s Final Rule. Furthermore, 

it is in the public interest to make the 

effective date of the Department’s Final 

Rule concurrent with the FARC Final 

Rule’s effective date to avoid confusion 

that could result for contractors and 

subcontractors if the two rules were to 

have differing effective dates. For the 

reasons stated, it is the Department’s 

position that is not necessary to delay 

the effective date of this Final Rule until 

30 days after publication in the Federal 

Register. 

Dated: December 13, 2012. 

Mary Beth Maxwell, 

Acting Deputy Administrator, Wage and Hour 

Division. 

[FR Doc. 2012–30595 Filed 12–20–12; 8:45 am] 

BILLING CODE 4510–27–P 

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