31814 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Proposed Rules

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 9, 13, 23 and 52

[FAR Case 96–311]

RIN 9000–AH06

Federal Acquisition Regulation;

Certification Requirements—Drug-Free

Workplace

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 (CAAC) and the

Defense Acquisition Regulations

Council (DARC) are proposing to amend

the Federal Acquisition Regulation

(FAR) to delete the requirement for an

offeror to provide a certification

regarding a drug-free workplace. This

regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993. This is not a

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

DATES: Comments should be submitted

on or before August 19, 1996 to be

considered in the formulation of a final

rule.

ADDRESSES: Interested parties should

submit written comments to: General

Services Administration, FAR

Secretariat (MVRS), 18th & F Streets,

NW, Room 4037, Washington, DC

20405.

Please cite FAR case 96–311 in all

correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: Mr.

Ralph DeStefano at (202) 501–1758 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405; telephone: (202)

501–4755. Please cite FAR case 96–311.

SUPPLEMENTARY INFORMATION:

A. Background

Section 4301(a) of the Fiscal Year

1996 Defense Authorization Act (Pub. L.

104–106) amended 41 U.S.C. 701 to

eliminate the requirement for an offeror

to certify that it will take certain actions

to provide a drug-free workplace. The

proposed rule revises FAR Subpart 23.5

to remove the requirement for the

certification and removes the

solicitation provision at FAR 52.223–5.

B. Regulatory Flexibility Act

This proposed rule is not expected 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.

Although the rule eliminates a

certification requirement, the

underlying policy regarding

maintenance of a drug-free workplace

has not changed. An Initial Regulatory

Flexibility Analysis has, therefore, not

been performed. Comments from small

entities concerning the affected FAR

subpart will be considered in

accordance with section 610 of the Act.

Such comments must be submitted

separately and should cite 5 U.S.C. 601,

et seq., (FAR case 96–311), in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed 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 Parts 9, 13,

23 and 52

Government procurement.

Dated: May 12, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, it is proposed that 48 CFR

parts 9, 13, 23 and 52 be amended as set

forth below:

1. The authority citation for 48 CFR

parts 9, 13, 23 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 9—CONTRACTOR

QUALIFICATIONS

2. Section 9.406–2 is amended by

revising paragraph (b)(2) to read as

follows:

9.406–2 Causes for debarment.

* * * * *

(b) * * *

(2) Violations of the Drug-Free

Workplace Act of 1988 (Public Law

100–690 as indicated by—

(i) Failure to comply with the

requirements of the clause at 52.223–6,

Drug-Free Workplace; or

(ii) Such a number of contractor

employees having been convicted of

violations of criminal drug statutes

occurring in the workplace, as to

indicate that the contractor has failed to

make a good faith effort to provide a

drug-free workplace (see 23.505).

* * * * *

3. Section 9.407–2 is amended by

revising paragraph (a)(4) to read as

follows:

9.407.2 Causes for suspension.

(a) * * *

(4) Violations of the Drug-Free

Workplace Act of 1988 (Public Law

100–690), as indicated by—

(i) Failure to comply with the

requirements of the clause at 52.223–6,

Drug-Free Workplace; or

(ii) Such a number of contractor

employees having been convicted of

violations of criminal drug statutes

occurring in the workplace, as to

indicate that the contractor has failed to

make a good faith effort to provide a

drug-free workplace (see 23.504).

* * * * *

PART 13—SIMPLIFIED ACQUISITION

PROCEDURES

4. Section 13.111 is amended by

revising paragraphs (h) and (i) and

removing paragraph (j) to read as

follows:

13.111 Inapplicable provisions and

clauses.

* * * * *

(h) 52.222–4, Contract Work Hours

and Safety Standards Act—Overtime

Compensation; and

(i) 52.223–6, Drug-Free Workplace,

except for individuals.

PART 23—ENVIRONMENT,

CONSERVATION, OCCUPATIONAL

SAFETY, AND DRUG-FREE

WORKPLACE

5. Section 23.504 is amended by

revising the introductory text of

paragraph (a); revising paragraph (b);

removing paragraph (c); and

redesignating paragraph (d) as (c) to

read as follows:

23.504 Policy.

(a) No offeror other than an individual

shall be considered a responsible source

(see 9.104–1(g) and 19.602- 1(a)(2)(i)) for

a contract that exceeds the simplified

acquisition threshold, unless it agrees

that it will provide a drug-free

workplace by—

* * * * *

(b) No individual shall be awarded a

contract of any dollar value unless that

individual agrees that the individual

will not engage in the unlawful

manufacture, distribution, dispensing,

possession, or use of a controlled
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Proposed Rules 31815

substance in the performance of the

contract.

* * * * *

23.504 [Amended]

5b. In addition to the above, section

23.504 is amended by removing

‘‘calendar’’ from the following places:

(a) 23.504(a)(4)(ii);

(b) 23.504(a)(5);

(c) 23.504(a)(6) introductory text; and

(d) newly designated 23.504(c).

6. Section 23.505 is amended by

revising the heading and the

introductory text of paragraph (a); in

paragraph (a)(2) by removing ‘‘; or’’ and

inserting a period in its place; by

removing paragraph (b), redesignating

(c) as (b) and revising the introductory

text of newly designated (b) to read as

follows:

23.505 Contract clause.

(a) Contracting officers shall insert the

clause at 52.223–6, Drug-Free

Workplace, except as provided in

paragraph (b) of this section, in

solicitations and contracts—

* * * * *

(b) Contracting officers shall not insert

the clause at 52.223–6, Drug-Free

Workplace, in solicitations and

contracts, if—

* * * * *

7. Section 23.506 is amended by

revising paragraph (d) to read as

follows:

23.506 Suspension of payments,

termination of contract, and debarment and

suspension actions.

* * * * *

(d) The specific causes for suspension

of contract payments, termination of a

contract for default, or suspension and

debarment are—

(1) The contractor has failed to

comply with the requirements of the

clause at 52.223–6, Drug-Free

Workplace; or

(2) The number of contractor

employees convicted of violations of

criminal drug statutes occurring in the

workplace indicates that the contractor

has failed to make a good faith effort to

provide a drug-free workplace.

* * * * *

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

52.223–5 [Reserved]

8. Section 52.223–5 is removed and

reserved.

52.223–6 [Amended]

9. Section 52.223–6 is amended in the

introductory text by removing ‘‘(b)’’.

[FR Doc. 96–15271 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P