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[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Proposed Rules]
[Pages 1404-1405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00118]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

OFFICE OF FEDERAL PROCUREMENT POLICY

48 CFR Parts 1, 2, 12, 22, and 52

[FAR Case 2023-021; Docket No. FAR-2023-0021; Sequence No. 1]
RIN 9000-AO69

Office of Federal Procurement Policy; Federal Acquisition 
Regulation: Pay Equity and Transparency in Federal Contracting

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), National Aeronautics and Space Administration (NASA), and Office 
of Federal Procurement Policy (OFPP).

ACTION: Proposed rule; withdrawal.

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SUMMARY: DoD, GSA, and NASA are withdrawing the proposed rule to amend 
the Federal Acquisition Regulation (FAR) titled: Pay Equity and 
Transparency in Federal Contracting. The Administrator for Federal 
Procurement Policy (OFPP Administrator) is simultaneously withdrawing a 
proposed Government-wide policy, upon which the proposed rule was 
based.

DATES: The proposed rule published on January 30, 2024, at 89 FR 5843 
is withdrawn as of January 8, 2025.

FOR FURTHER INFORMATION CONTACT: FAR Policy, at 202-969-4075 or 
[email protected]. Please cite ``FAR Case 2023-021''.

SUPPLEMENTARY INFORMATION: On January 30, 2024, the OFPP Administrator 
issued a proposed Government-wide procurement policy that would: (1) 
prohibit contractors and subcontractors from seeking and considering 
information about job applicants' compensation history when making 
employment decisions about personnel working on or in connection with a 
Government contract; and (2) require contractors and subcontractors to 
disclose, in all advertisements for job

[[Page 1405]]

openings involving work on or in connection with a Government contract 
placed by or on behalf of the contractor or subcontractor, the 
compensation to be offered to the hired applicant, for any position to 
perform work on or in connection with the contract. On the same date, 
DoD, GSA, and NASA published proposed amendments to the FAR to reflect 
the proposed OFPP policy.
    The OFPP Administrator's proposed policy reflected a preliminary 
determination that compensation history bans and compensation 
disclosure requirements (the latter are also collectively referred to 
as pay transparency), both together and separately, would promote 
economy, efficiency, and effectiveness in the procurement of property 
and services by the Federal Government. The proposed rule cited to a 
range of studies in support of this conclusion, many analyzing 
practices by States and localities.
    In light of the limited time remaining in the current 
Administration, OFPP, DoD, GSA, and NASA have decided to withdraw the 
proposed policy and rule and focus their attention on other priorities, 
including directives in recent National Defense Authorization Acts. 
This will also help ensure that the agencies can benefit from the 
latest information on this topic if they return to it in the future. 
Accordingly, for these independently sufficient reasons, the proposed 
policy and rule published on January 30, 2024, at 89 FR 5843, are 
withdrawn and FAR Case 2023-021 is closed.

List of Subjects in 48 CFR Parts 1, 2, 12, 22, and 52

    Government procurement.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2025-00118 Filed 1-7-25; 8:45 am]
BILLING CODE 6820-EP-P
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