64298 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Proposed Rules

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.

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,

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Proposed Rules 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]

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