[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Rules and Regulations]
[Pages 46202-46203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18290]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

48 CFR Part 522

[GSAR Amendment 2008-01; GSAR Case 2006-G505; (Change 22); Docket 2008-
0007, Sequence 1]
RIN 3090-AI70


General Services Administration Acquisition Regulation; Rewrite 
of GSAR Part 522, Application of Labor Laws to Government Acquisitions

AGENCIES: General Services Administration (GSA), Office of the Chief 
Acquisition Officer.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR) to revise 
language pertaining to application of labor laws to Government 
acquisitions. This rule is a product of the General Services 
Administration Acquisition Manual (GSAM) Rewrite Initiative, undertaken 
by GSA to revise the regulation to maintain consistency with the FAR 
and implement streamlined and innovative acquisition procedures for 
contractors, offerors, and GSA contracting personnel. The GSAM 
incorporates the GSAR as well as internal agency acquisition policy.

DATES: Effective Date: August 8, 2008.

FOR FURTHER INFORMATION CONTACT The Regulatory Secretariat (VPR), Room 
4041, GS Building, Washington, DC, 20405, (202) 501-4755, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Ernest Woodson, Procurement 
Analyst, at (202) 501-3775. Please cite Amendment 2008-01, GSAR case 
2006-G505, (Change 22).

SUPPLEMENTARY INFORMATION:

A. Background

The GSAR Rewrite Project

    GSA published an Advance Notice of Proposed Rulemaking (ANPR) in 
the Federal Register at 71 FR 7910, February 15, 2006 with request for 
comments because the agency was beginning the review and update of the 
General Services Administration Acquisition Regulation (GSAR).
    This GSAR rewrite has--
    <bullet> Changed ``you'' to ``contracting officer.''
    <bullet> Maintained consistency with the FAR but eliminated 
duplication.
    <bullet> Revised GSAR sections that are out of date or imposed 
inappropriate burdens on the Government or contractors, especially 
small businesses.
    <bullet> Streamlined and simplified procedures, guidance, and 
policies wherever possible.
    In addition, GSA has recently reorganized into two (2) operating 
services rather than three (3). Therefore, the reorganization of the 
Federal Supply Service (FSS) and the Federal Technology Service (FTS) 
into the Federal Acquisition Service (FAS) was considered in the 
Rewrite Initiative.

The Rewrite of Part 522

    This final rule contains the revisions made to Part 522, 
Application of Labor Laws to Government Acquisitions. There are no 
substantive changes to the policies. Information previously contained 
in GSAR 522.101-1 regarding the necessary impartiality of GSA personnel 
in disputes between labor and contractor management is deleted as 
unnecessary because it repeats Federal Acquisition Regulation (FAR) 
language. GSAR 522.101-1(b) adds language to require contracting 
officers to notify the Office of General Counsel and the agency labor 
advisor when they are contacted by external organizations. GSAR 
522.103-5 is revised to clarify that FAR clause 52.222-1, Notice to the 
Government of Labor Disputes, must be inserted in solicitations and 
contracts for DX-rated orders under the Defense Priorities and 
Allocations System (DPAS). GSAR Subpart 522.4, Labor Standards for 
Contracts, is deleted in its entirety because of its potential for 
conflict with FAR Subpart 22.4.
    GSAR 522.804-1(b) is revised to indicate that contractors, 
subcontractors, and financial institutions must develop a written 
affirmative action compliance program for each of its establishments 
regardless of the contract or holding value, in accordance with 41 CFR 
60-1.40. Paragraph 522.805(b) is revised to add websites that list the 
various Office of Federal Contract Compliance Programs (OFCCP) Regional 
Offices.

Discussion of Comments

    As a result of the ANPR, GSA did not receive any comments 
pertaining to GSAR Part 522.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The General Services Administration certifies that this final rule 
will not 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., because no new requirements are being placed on 
the vendor community. No comments on this issue were received from 
small business concerns or other interested parties.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the GSAR do not impose recordkeeping or information collection 
requirements, or otherwise collect information from offerors, 
contractors, or members of the public that require approval of the 
Office of Management and Budget under 44 U.S.C.3501, et seq.

List of Subjects in 48 CFR Part 522

    Government procurement.

    Dated: July 29, 2008.
David A. Drabkin,
Senior Procurement Executive, Office of the Chief Acquisition Officer, 
General Services Administration.

0
Therefore, GSA amends 48 CFR part 522 as set forth below:

[[Page 46203]]

PART 522--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
1. The authority citation for 48 CFR part 522 is revised to read as 
follows:

    Authority: 40 U.S.C. 121(c).
0
2. Revise section 522.001 to read as follows:


522.001  Definition.

    Agency labor advisor, as used in this part, means the Director of 
the Contract Policy Division (VPC) within the Office of the Chief 
Acquisition Officer (OCAO).
0
3. Revise section 522.101-1 to read as follows:


522.101-1  General.

    The Office of General Counsel (OGC) and the agency labor advisor 
shall--
    (a) Serve as the GSA points of contact on all contractor labor 
relations matters;
    (b) Initiate contact on contractor labor relations matters with 
national offices of labor organizations, Government departments, 
agencies or other governmental organizations. Contracting offices shall 
notify OGC and the agency labor advisor when they are contacted by such 
external organizations;
    (c) Serve as a clearinghouse for information on labor laws 
applicable to Government acquisitions; and
    (d) Respond to questions involving FAR Part 22, Application of 
Labor Laws to Government Acquisitions, or other contractor labor 
relations matters concerning GSA acquisition programs. OGC determines 
the agency's legal position.
0
4. Revise section 522.103-5 to read as follows:


522.103-5  Contract clauses.

    Insert FAR 52.222-1, Notice to the Government of Labor Disputes, in 
solicitations and contracts for DX rated orders under the Defense 
Priorities and Allocations System (DPAS). Information on the DPAS can 
be found at FAR Subpart 11.6, Priorities and Allocations.
0
5. Revise section 522.406-6 to read as follows:


522.406-6  Payrolls and statements.

    Weekly payrolls and statements of compliance with respect to 
payment of wages are not required from a prime contractor or a 
subcontractor that personally performs work.


522.803  [Amended]

0
6. Amend section 522.803 by removing ``Submit'' and adding 
``Contracting officers should submit'' in its place.
0
7. Amend section 522.804-1 as follows--
0
a. Remove from paragraph (a) the word ``who'' and add ``that'' in its 
place;
0
b. Remove from the end of paragraph (a)(1) the period and add ``; or'' 
in its place; and
0
c. Revise paragraph (b) to read as follows:


522.804-1  Nonconstruction.

* * * * *
    (b) The contractors, subcontractors, and financial institutions 
described in 522.804-1(a) must develop a written affirmative action 
compliance program for each of its establishments regardless of the 
contract or holding value, in accordance with 41 CFR 60-1.40.
0
8. Add section 522.804-2 to read as follows:


522.804-2  Construction.

    Goals for the employment of minorities and women in the 
construction industry are established by the Director, Office of 
Federal Contract Compliance Programs (OFCCP), Department of Labor. The 
current goal for the utilization of women is 6.9%, regardless of the 
location of the Federal contract. This goal was extended indefinitely 
by the Department of Labor in 1980. The current goals for minority 
participation vary by location and are listed in Appendix E of DOL's 
``Technical Assistance Guide for Federal Construction Contractors.'' 
This guide can be accessed at http://www.dol.gov/esa/ofccp/TAguides/ctaguide.htm.
0
9. Amend section 522.805 as follows--
0
a. Removing from paragraph (a) the word ``include'' and adding 
``contracting officers shall include'' in its place; and
0
b. Revising paragraphs (b) and (c) to read as follows:


522.805  Procedures.

* * * * *
    (b) Contracting officers shall submit preaward clearance requests 
directly to the appropriate OFCCP regional office. A list of these 
offices can be found at http://www.dol.gov/esa/contacts/ofccp/ofcpkeyp.htm.
    (c) The EEO poster required by FAR 22.805(b) can be found at: 
http://www.dol.gov/esa/regs/compliance/posters/pdf/eeopost.pdf. In 
addition to providing this poster to each non-exempt contractor, the 
contracting officer shall advise contractors to complete the Employer 
Information Report (EEO-1) at http://www.eeoc.gov/eeo1survey/index.html.
[FR Doc. E8-18290 Filed 8-7-08; 8:45 am]
BILLING CODE 6820-61-S