Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 /Rules and Regulations 34075

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

10. Section 52.212–5 is amended by

revising the date of the clause and

paragraphs (b)(8) and (e)(3) to read as

follows:

52.212–5 Contract Terms and Conditions

Required to Implement Statutes or

Executive Orders—Commercial Items.

* * * * *

Contract Terms and Conditions Required to

Implement Statutes or Executive Orders—

Commercial Items (Jun 1998)

* * * * *

(b) * * *

(8) 52.222–36, Affirmative Action for

Workers with Disabilities (29 U.S.C. 793).

* * * * *

(e) * * *

(3) 52.222–36, Affirmative Action for

Workers with Disabilities (29 U.S.C.

793); and

* * * * *

(End of clause)

11. Section 52.213–4 is amended by

revising the clause date and paragraph

(b)(1)(iv) of the clause 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)

(Jun 1998)

* * * * *

(b)(1) * * *

(iv) 52.222–36, Affirmative Action for

Workers with Disabilities (Jun 1998) (29

U.S.C. 793) (Applies to contracts over

$10,000).

* * * * *

12. Section 52.222–36 is revised to

read as follows:

52.222–36 Affirmative Action for Workers

With Disabilities.

As prescribed in 22.1408(a), insert the

following clause:

Affirmative Action for Workers With

Disabilities (Jun 1998)

(a) General. (1) Regarding any position for

which the employee or applicant for

employment is qualified, the Contractor shall

not discriminate against any employee or

applicant because of physical or mental

disability. The Contractor agrees to take

affirmative action to employ, advance in

employment, and otherwise treat qualified

individuals with disabilities without

discrimination based upon their physical or

mental disability in all employment practices

such as—

(i) Recruitment, advertising, and job

application procedures;

(ii) Hiring, upgrading, promotion, award of

tenure, demotion, transfer, layoff,

termination, right of return from layoff, and

rehiring;

(iii) Rates of pay or any other form of

compensation and changes in compensation;

(iv) Job assignments, job classifications,

organizational structures, position

descriptions, lines of progression, and

seniority lists;

(v) Leaves of absence, sick leave, or any

other leave;

(vi) Fringe benefits available by virtue of

employment, whether or not administered by

the Contractor;

(vii) Selection and financial support for

training, including apprenticeships,

professional meetings, conferences, and other

related activities, and selection for leaves of

absence to pursue training;

(viii) Activities sponsored by the

Contractor, including social or recreational

programs; and

(ix) Any other term, condition, or privilege

of employment.

(2) The Contractor agrees to comply with

the rules, regulations, and relevant orders of

the Secretary of Labor (Secretary) issued

under the Rehabilitation Act of 1973 (29

U.S.C. 793) (the Act), as amended.

(b) Postings. (1) The Contractor agrees to

post employment notices stating—

(i) The Contractor’s obligation under the

law to take affirmative action to employ and

advance in employment qualified individuals

with disabilities; and

(ii) The rights of applicants and employees.

(2) These notices shall be posted in

conspicuous places that are available to

employees and applicants for employment.

The Contractor shall ensure that applicants

and employees with disabilities are informed

of the contents of the notice (e.g., the

Contractor may have the notice read to a

visually disabled individual, or may lower

the posted notice so that it might be read by

a person in a wheelchair). The notices shall

be in a form prescribed by the Deputy

Assistant Secretary for Federal Contract

Compliance of the U.S. Department of Labor

(Deputy Assistant Secretary) and shall be

provided by or through the Contracting

Officer.

(3) The Contractor shall notify each labor

union or representative of workers with

which it has a collective bargaining

agreement or other contract understanding,

that the Contractor is bound by the terms of

Section 503 of the Act and is committed to

take affirmative action to employ, and

advance in employment, qualified

individuals with physical or mental

disabilities.

(c) Noncompliance. If the Contractor does

not comply with the requirements of this

clause, appropriate actions may be taken

under the rules, regulations, and relevant

orders of the Secretary issued pursuant to the

Act.

(d) Subcontracts. The Contractor shall

include the terms of this clause in every

subcontract or purchase order in excess of

$10,000 unless exempted by rules,

regulations, or orders of the Secretary. The

Contractor shall act as specified by the

Deputy Assistant Secretary to enforce the

terms, including action for noncompliance.

(End of clause)

Alternate I (Jun 1998). As prescribed in

22.1408(b), add the following as a preamble

to the clause:

Notice: The following term(s) of this clause

are waived for this contract:

llllllllll [List term(s)].

[FR Doc. 98–16116 Filed 6–19–98; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 25

[FAC 97–05; FAR Case 97–044; Item VI]

RIN 9000–AI02

Federal Acquisition Regulation; Trade

Agreements Thresholds

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed on a final rule amending the

Federal Acquisition Regulation (FAR) to

implement revised thresholds for

application of the Trade Agreements Act

and the North American Free Trade

Agreement. This regulatory action was

not subject to Office of Management and

Budget review under Executive Order

12866, dated September 30, 1993, and is

not a major rule under 5 U.S.C. 804.

EFFECTIVE DATE: August 21, 1998.

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 Mr. Paul

Linfield, Procurement Analyst, at (202)

501–1757. Please cite FAC 97–05, FAR

case 97–044.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR Part 25 to

implement revised thresholds for

application of the Trade Agreements Act

and the North American Free Trade

Agreement, as published by the Office

of the United States Trade

Representative in the Federal Register

on January 14, 1998 (63 FR 2295).

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the
34076 Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 /Rules and Regulations

meaning of FAR 1.501 and Public Law

98–577, and publication for public

comments is not required. However,

comments from small entities

concerning the affected FAR subparts

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and should cite 5

U.S.C. 601, et seq. (FAC 97–05, FAR

case 97–044), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which 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 25

Government procurement.

Dated: June 11, 1998.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 25 is amended

as set forth below:

PART 25—FOREIGN ACQUISITION

1. The authority citation for 48 CFR

Part 25 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. Section 25.105 is amended by

revising paragraph (e) to read as follows:

25.105 Evaluating offers.

* * * * *

(e) The evaluation in paragraph (a) of

this section shall not be applied to offers

of Canadian end products above $25,000

or Mexican end products above $53,150

(see 25.402(a)(3)(ii)). For the definitions

of ‘‘Canadian end product’’ and

‘‘Mexican end product,’’ see 25.401.

25.202, 25.207, 25.305, 25.402, 25.408,

25.1002, and 25.1003 [Amended]

3. In the list below, for each section

listed in the left column, remove the

dollar amount indicated in the middle

column, and add the dollar amount

indicated in the right column:

Section Remove Add

25.202(d) .......................................................................................................... $6,500,000 ................................................ $6,909,500

7,311,000 (twice) ...................................... 7,143,000 (twice)

25.207(d)(1) ...................................................................................................... 7,311,000 .................................................. 7,143,000

25.207(d)(2) ...................................................................................................... 6,500,000 .................................................. 6,909,500

7,311,000 .................................................. 7,143,000

25.305(c)(2) ...................................................................................................... 6,500,000 .................................................. 6,909,500

25.402(a)(1) ...................................................................................................... 190,000 ..................................................... 186,000

7,311,000 .................................................. 7,143,000

25.402(a)(3)(i) ................................................................................................... 6,500,000 .................................................. 6,909,500

25.402(a)(3)(ii) .................................................................................................. 50,000 ....................................................... 53,150

25.402(g) .......................................................................................................... 50,000 ....................................................... 53,150

6,500,000 .................................................. 6,909,500

25.408(a)(3) ...................................................................................................... 50,000 ....................................................... 53,150

25.408(a)(4) ...................................................................................................... 50,000 ....................................................... 53,150

25.1002(a)(1) .................................................................................................... 190,000 ..................................................... 186,000

25.1002(a)(2) .................................................................................................... 7,311,000 .................................................. 7,143,000

25.1002(a)(3)(i) ................................................................................................. 190,000 ..................................................... 186,000

25.1003(a) ......................................................................................................... 190,000 ..................................................... 186,000

25.1003(b)(1) .................................................................................................... 190,000 ..................................................... 186,000

[FR Doc. 98–16117 Filed 6–19–98; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 97–05; FAR Case 97–301; Item VII]

RIN 9000–AI03

Federal Acquisition Regulation;

Restrictions on Purchases From

Sudan

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed on a final rule amending the

Federal Acquisition Regulation (FAR) to

add Sudan to the list of countries from

which Government acquisition of

supplies and services is restricted. This

regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993, and is not a

major rule under 5 U.S.C. 804.

EFFECTIVE DATE: August 21, 1998.

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 Mr. Paul

Linfield, Procurement Analyst, at (202)

501–1757. Please cite FAC 97–05, FAR

case 97–301.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR 25.701

and 52.225–11 by adding Sudan to the

list of countries whose products are

banned from importation into the

United States. This rule implements

Executive Order 13067, dated November

3, 1997 (62 FR 59989, November 5,

1997).

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Public Law

98–577, and publication for public

comments is not required. However,

comments from small entities

concerning the affected FAR subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and should cite 5

U.S.C. 601, et seq. (FAC 97–05, FAR

case 97–301), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the