19508 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 

is found at www.dol.gov/ofccp/LGBT/LGBT_

FAQs.html. 

* * * * * 

■ 9. Amend section 52.222–26 by— 

■ a. Revising the date of the clause; 

■ b. Revising paragraph (a); 

■ c. Revising the first sentence of 

paragraphs (c)(1) and (c)(2); and 

■ d. Revising paragraph (c)(4) to read as 

follows: 

52.222–26 Equal Opportunity. 

* * * * * 

Equal Opportunity (Apr 2015) 

(a) Definitions. As used in this clause— 

Gender identity has the meaning given by 

the Department of Labor’s Office of Federal 

Contract Compliance Programs, and is found 

at www.dol.gov/ofccp/LGBT/LGBT_

FAQs.html. 

Sexual orientation has the meaning given 

by the Department of Labor’s Office of 

Federal Contract Compliance Programs, and 

is found at www.dol.gov/ofccp/LGBT/LGBT_

FAQs.html. 

United States 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. 

* * * * * 

(c)(1) The Contractor shall not discriminate 

against any employee or applicant for 

employment because of race, color, religion, 

sex, sexual orientation, gender identity, or 

national origin. * * * 

(2) The Contractor shall take affirmative 

action to ensure that applicants are 

employed, and that employees are treated 

during employment, without regard to their 

race, color, religion, sex, sexual orientation, 

gender identity, or national origin. * * * 

* * * * * 

(4) The Contractor shall, in all solicitations 

or advertisements for employees placed by or 

on behalf of the Contractor, state that all 

qualified applicants will receive 

consideration for employment without regard 

to race, color, religion, sex, sexual 

orientation, gender identity, or national 

origin. 

* * * * * 

■ 10. Amend section 52.222–27 by— 

■ a. Revising the date of the clause; 

■ b. Revising the introductory text of 

paragraph (a) and the definitions 

‘‘Covered area’’, ‘‘Deputy Assistant 

Secretary’’, ‘‘Employer identification 

number’’, and the introductory text of 

the definition ‘‘Minority’’; 

■ c. Adding to paragraph (a), in 

alphabetical order, the definitions 

‘‘Gender identity’’ and ‘‘Sexual 

orientation’’; and 

■ d. Revising paragraph (j) to read as 

follows: 

52.222–27 Affirmative Action Compliance 

Requirements for Construction. 

* * * * * 

Affirmative Action Compliance 

Requirements for Construction (Apr 

2015) 

(a) Definitions. As used in this clause— 

Covered area means the geographical area 

described in the solicitation for this contract. 

Deputy Assistant Secretary means the 

Deputy Assistant Secretary for the Office of 

Federal Contract Compliance Programs, U.S. 

Department of Labor, or a designee. 

Employer identification number means the 

Federal Social Security number used on the 

employer’s quarterly Federal tax return, U.S. 

Treasury Department Form 941. 

Gender identity has the meaning given by 

the Department of Labor’s Office of Federal 

Contract Compliance Programs, and is found 

at www.dol.gov/ofccp/LGBT/LGBT_

FAQs.html. 

Minority means— * * * 

Sexual orientation has the meaning given 

by the Department of Labor’s Office of 

Federal Contract Compliance Programs, and 

is found at www.dol.gov/ofccp/LGBT/LGBT_

FAQs.html. 

* * * * * 

(j) The Contractor shall not use goals or 

affirmative action standards to discriminate 

against any person because of race, color, 

religion, sex, sexual orientation, gender 

identity, or national origin. 

* * * * * 

■ 11. Revise section 52.222–29 to read 

as follows: 

52.222–29 Notification of visa denial. 

As prescribed in 22.810(g), insert the 

following clause: 

Notification of Visa Denial (Apr 2015) 

(a) Definitions. As used in this clause— 

Gender identity has the meaning given by 

the Department of Labor’s Office of Federal 

Contract Compliance Programs, and is found 

at www.dol.gov/ofccp/LGBT/LGBT_

FAQs.html. 

Sexual orientation has the meaning given 

by the Department of Labor’s Office of 

Federal Contract Compliance Programs, and 

is found at www.dol.gov/ofccp/LGBT/LGBT_

FAQs.html. 

(b) Requirement to notify. (1) It is a 

violation of Executive Order 11246 for a 

Contractor to refuse to employ any applicant 

or not to assign any person hired in the 

United States, Puerto Rico, the Northern 

Mariana Islands, American Samoa, Guam, the 

U.S. Virgin Islands, or Wake Island, on the 

basis that the individual’s race, color, 

religion, sex, sexual orientation, gender 

identity, or national origin is not compatible 

with the policies of the country where or for 

whom the work will be performed (41 CFR 

60–1.10). 

(2) The Contractor shall notify the U.S. 

Department of State, Assistant Secretary, 

Bureau of Political-Military Affairs (PM), 

2201 C Street NW., Room 6212, Washington, 

DC 20520, and the U.S. Department of Labor, 

Deputy Assistant Secretary for Federal 

Contract Compliance, when it has knowledge 

of any employee or potential employee being 

denied an entry visa to a country where this 

contract will be performed, and it believes 

the denial is attributable to the race, color, 

religion, sex, sexual orientation, gender 

identity, or national origin of the employee 

or potential employee. 

(End of clause) 

■ 12. Amend section 52.244–6 by— 

■ a. Revising the date of the clause; 

■ b. Redesignating paragraphs (c)(1)(iv) 

through (xii) as paragraphs (c)(1)(v) 

through (xiii), respectively; 

■ c. Adding a new paragraph (c)(1)(iv); 

■ d. Revising newly designated 

paragraph (c)(1)(v); 

■ e. Further redesignating newly 

designated paragraphs (c)(1)(xi) through 

(xiii) as paragraphs (c)(1)(xii) through 

(xiv); and 

■ f. Adding a new paragraph (c)(1)(xi) to 

read as follows: 

52.244–6 Subcontracts for Commercial 

Items. 

* * * * * 

Subcontracts for Commercial Items 

(Apr 2015) 

* * * * * 

(c)(1) * * * 

(iv) 52.222–21, Prohibition of 

Segregated Facilities (Apr 2015). 

(v) 52.222–26, Equal Opportunity 

(Apr 2015) (E.O. 11246). 

* * * * * 

(xi) 52.222–55, Establishing a 

Minimum Wage for Contractors (E.O. 

13658) (Dec 2014). 

* * * * * 

[FR Doc. 2015–08309 Filed 4–8–15; 11:15 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket No. FAR 2015–0051, Sequence 1] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–81; 

Small Entity Compliance Guide 

AGENCY: 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 

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Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 19509 

summary of the rule appearing in 

Federal Acquisition Circular (FAC) 

2005–81, 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 2005–81, which 

precedes this document. These 

documents are also available via the 

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

DATES: April 10, 2015. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact the 

analyst whose name appears in the table 

below. Please cite FAC 2005–81 and the 

FAR case number. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at 202–501–4755. 

Rule Listed in FAC 2005–81 

Subject FARCase Analyst 

*Further Amendments to Equal Employment Opportunity (Interim) ....................................................................... 2015–013 Loeb 

SUPPLEMENTARY INFORMATION: 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 this item summary. 

FAC 2005–81 amends the FAR as 

specified below: 

I—Further Amendments to Equal 

Employment Opportunity (FAR Case 

2015–013) 

DoD, GSA, and NASA are issuing an 

interim rule amending the Federal 

Acquisition Regulation (FAR) to 

implement Executive Order (E.O.) 

13672, entitled ‘‘Further Amendments 

to Executive Order 11478, Equal 

Employment Opportunity in the Federal 

Government, and Executive Order 

11246, Equal Employment 

Opportunity’’. E.O. 13672 was signed 

July 21, 2014. This interim rule is also 

implementing a final rule issued by the 

Office of Federal Contract Compliance 

Programs of the Department of Labor, 

which was published in the Federal 

Register at 79 FR 72985 on December 9, 

2014, Implementation of Executive 

Order 13672 Prohibiting Discrimination 

Based on Sexual Orientation and 

Gender Identity by Contractors and 

Subcontractors. 

Executive Order 11246, dated 

September 24, 1965, established 

requirements for non-discriminatory 

practices in hiring and employment for 

Federal contractors and subcontractors. 

The bases of discrimination prohibited 

by E.O. 11246 are race, color, religion, 

sex, and national origin. E.O. 13672 

adds sexual orientation and gender 

identity to the prohibited bases of 

discrimination established by Executive 

Order 11246. There is no significant 

impact on small entities imposed by the 

FAR rule. 

Dated: April 7, 2015. 

William Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

[FR Doc. 2015–08306 Filed 4–8–15; 11:15 am] 

BILLING CODE 6820–EP–P 

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