46202 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 

Name of non-regulatory 

SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

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8-Hour Ozone Maintenance 

Plan and 2002 Base-Year Inventory.

Schuylkill County .................... 12/17/07 08/08/08 [Insert page number 

where the document begins].

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[FR Doc. E8–18188 Filed 8–7–08; 8:45 am] 

BILLING CODE 6560–50–P 

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—

• Changed ‘‘you’’ to ‘‘contracting 

officer.’’

• Maintained consistency with the 

FAR but eliminated duplication. 

• Revised GSAR sections that are out 

of date or imposed inappropriate 

burdens on the Government or 

contractors, especially small businesses. 

• 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. 

■ Therefore, GSA amends 48 CFR part 

522 as set forth below: 


rfrederick on PRODPC74 with RULES
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 46203 

PART 522—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 1. The authority citation for 48 CFR 

part 522 is revised to read as follows: 

Authority: 40 U.S.C. 121(c). 

■ 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). 

■ 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. 

■ 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. 

■ 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] 

■ 6. Amend section 522.803 by 

removing ‘‘Submit’’ and adding 

‘‘Contracting officers should submit’’ in 

its place. 

■ 7. Amend section 522.804–1 as 

follows—

■ 

■ a. Remove from paragraph (a) the 

word ‘‘who’’ and add ‘‘that’’ in its place; 

■ b. Remove from the end of paragraph 

(a)(1) the period and add ‘‘; or’’ in its 

place; and 

■ 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. 

■ 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. 

■ 9. Amend section 522.805 as 

follows—

■ 

■ a. Removing from paragraph (a) the 

word ‘‘include’’ and adding 

‘‘contracting officers shall include’’ in 

its place; and 

■ 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 nonexempt 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 


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