Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations 27417

received in response to this interim rule

will be considered in formulating the

final rule.

List of Subjects in 48 CFR Parts 22 and

52

Government procurement.

Dated: May 10, 2001.

Al Matera,

Director, Acquisition Policy Division.

Therefore, DoD, GSA, and NASA

amend 48 CFR parts 22 and 52 as set

forth below:

1. The authority citation for 48 CFR

parts 22 and 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).

PART 22—APPLICATION OF LABOR

LAWS TO GOVERNMENT

ACQUISITIONS

Subpart 22.12 [Reserved]

2. Remove and reserve Subpart 22.12.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

52.212–5 [Amended]

3. Amend section 52.212–5 by

revising the clause date to read May

2001; and by removing paragraph (c)(6).

52.222–50 [Reserved]

4. Remove and reserve section

52.222–50.

[FR Doc. 01–12246 Filed 5–15–01; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Regulation; 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 the

Secretary of Defense, the Administrator

of General Services and the

Administrator for the National

Aeronautics and Space Administration.

This Small Entity Compliance Guide has

been prepared in accordance with

Section 212 of the Small Business

Regulatory Enforcement Fairness Act of

1996 (Public Law 104–121). It consists

of a summary of rules appearing in

Federal Acquisition Circular (FAC) 97–

26 which amend the FAR. An asterisk

(*) next to a rule indicates that a

regulatory flexibility analysis has been

prepared in accordance with 5 U.S.C.

604. Interested parties may obtain

further information regarding these

rules by referring to FAC 97–26 which

precedes this document. These

documents are also available via the

Internet at http://www.arnet.gov/far.

FOR FURTHER INFORMATION CONTACT:

Laurie Duarte, FAR Secretariat, (202)

501–4225. For clarification of content,

contact the analyst whose name appears

in the table below.

LIST OF RULES IN FAC 97–26

Item Subject FAR case Analyst

I .......................... *Electronic Commerce in Federal Procurement ................................................................................... 1997–304 Moss.

II ......................... *Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards

Government Contractors’ Labor Relations on Federal and Federally Funded Construction

Projects.

2001–016 Nelson.

III ........................ Executive Order 13204, Revocation of Executive Order On Nondisplacement of Qualified Workers

Under Certain Contracts.

2001–017 Klein.

Item I—Electronic Commerce in

Federal Procurement (FAR Case 1997–

304)

This interim rule amends the FAR to

(a) further implement section 850 of the

National Defense Authorization Act for

Fiscal Year 1998, Pub. L. 105–85

(section 850) and (b) implement section

810 of the Floyd D. Spence National

Defense Authorization Act for Fiscal

Year 2001 (Pub. L. 106–398, section

810). Section 850 calls for the use of

cost-effective procedures and processes

that employ electronic commerce in the

conduct and administration of Federal

procurement systems. This includes the

designation in the FAR of a single point

of universal electronic public access to

Governmentwide procurement

opportunities (the ‘‘Governmentwide

Point of Entry’’ or ‘‘GPE’’). Section 810

allows agencies to provide access to

notices through the GPE, as designated

in the FAR, instead of publishing them

via the Commerce Business Daily (CBD).

This rule designates Federal Business

Opportunities (‘‘FedBizOpps’’) as the

GPE. Agencies have until October 1,

2001, to complete their transition to, or

integration with, FedBizOpps. By that

date, all agencies must use FedBizOpps

to provide access to public notices of

procurement actions over $25,000 that

are currently required to be published in

the CBD along with associated

solicitations and amendments. In

addition, agencies will not be required

to provide notice in the CBD as of

January 1, 2002, since access to this

information will be provided via the

Internet through FedBizOpps.

Item II—Executive Order 13202,

Preservation of Open Competition and

Government Neutrality Towards

Government Contractors’ Labor

Relations on Federal and Federally

Funded Construction Projects (FAR

Case 2001–016)

This interim rule amends the FAR to

provide language in Part 36 and revises

Subparts 17.6 and 22.1 to add crossreferences to Part 36. The Executive

order (E.O.) provides that agencies may

not require or prohibit offerors,

contractors, or subcontractors from

entering into or adhering to agreements

with one or more labor organizations. It

also permits agency heads to exempt a

project from the requirements of the

E.O. under special circumstances but

the exemption may not be related to the

possibility of, or an actual labor dispute.

27418 Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules and Regulations

Item III—Executive Order 13204,

Revocation of Executive Order on

Nondisplacement of Qualified Workers

Under Certain Contracts (FAR Case

2001–017)

This interim rule amends the FAR to

remove Subpart 22.12,

Nondisplacement of Qualified Workers

Under Certain Contracts. Executive

Order 12933, Nondisplacement of

Qualified Workers Under Certain

Contracts (October 20, 1994), required

that building service contracts for public

buildings include a clause requiring the

contractor under a contract that

succeeds a contract for performance of

similar services at the same public

building to offer certain employees

under the predecessor contract, a right

of first refusal to employment under the

new contract. E.O. 12933 was

implemented in the FAR in Subpart

22.12.

On February 17, 2001, President

George W. Bush signed E.O. 13204

rescinding E.O. 12933 and calling for

the prompt recession of any orders,

rules, regulations, guidelines, or policies

implementing or enforcing E.O. 12933,

to the extent consistent with law.

Contracting officers should not take any

action on any complaint filed under

former FAR Subpart 22.12.

Effective March 23, 2001, the

Department of Labor rescinded its rule

implementing E.O. 12933 (66 FR 16126,

March 23, 2001).

Dated: May 10, 2001.

Al Matera,

Director, Acquisition Policy Division.

[FR Doc. 01–12247 Filed 5–15–01; 8:45 am]

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