96-32808. Federal Acquisition Regulation; Certification RequirementsDrug- Free Workplace  

  • [Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
    [Rules and Regulations]
    [Pages 69291-69292]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-32808]
    
    
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    DEPARTMENT OF DEFENSE
    48 CFR Parts 9, 13, 23, and 52
    
    [FAC 90-44; FAR Case 96-311; Item IV]
    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: Final rule.
    
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    SUMMARY: The Civilian Agency Acquisition Council and the Defense 
    Acquisition Regulations Council have agreed on a final rule amending 
    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.
    
    EFFECTIVE DATE: January 1, 1997.
    
    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 (202) 501-
    4755. Please cite FAC 90-44, FAR case 96-311.
    
    SUPPLEMENTARY INFORMATION:
    
    A. Background
    
        This final rule implements Section 4301(a)(3) of the Clinger-Cohen 
    Act of 1996 (Pub. L. 104-106). Section 4301(a)(3) 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.
        A proposed rule with request for public comment was published in 
    the Federal Register at 61 FR 31814, June 20, 1996. No substantive 
    comments were received. The final rule includes only editorial changes 
    to the proposed rule.
    
    B. Regulatory Flexibility Act
    
        The Department of Defense, the General Services Administration, and 
    the National Aeronautics and Space Administration certify 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, although the rule 
    eliminates a certification requirement, the underlying policy regarding 
    maintenance of a drug-free workplace has not changed.
    
    C. Paperwork Reduction Act
    
        The Paperwork Reduction Act does not apply because the 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: December 19, 1996.
    Edward C. Loeb,
    Director, Federal Acquisition Policy Division.
    
        Therefore, 48 CFR Parts 9, 13, 23, and 52 are 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)(1)(ii) to 
    read as follows:
    
    
    9.406-2  Causes for debarment.
    
    * * * * *
        (b)(1) * * *
        (ii) Violations of the Drug-Free Workplace Act of 1988 (Public Law 
    100-690), as indicated by--
        (A) Failure to comply with the requirements of the clause at 
    52.223-6, Drug-Free Workplace; or
        (B) Such a number of contractor employees 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).
    * * * * *
        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 convicted of violations 
    of criminal drug statutes occurring in the workplace as to indicate 
    that the contractor has failed to make a good
    
    [[Page 69292]]
    
    faith effort to provide a drug-free workplace (see 23.504);
    * * * * *
    
    PART 13--SIMPLIFIED ACQUISITION PROCEDURES
    
    
    13.111  [Amended]
    
        4. Section 13.111 is amended by removing paragraph (g) and 
    redesignating paragraphs (h) and (i) as (g) and (h), respectively.
    
    PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
    FREE WORKPLACE
    
        5. Section 23.504 is amended by revising the introductory text of 
    paragraph (a), paragraphs (a)(3) and (b); and by removing paragraph (c) 
    and redesignating (d) as (c). The revised text reads 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--
    * * * * *
        (3) Providing all employees engaged in performance of the contract 
    with a copy of the statement required by paragraph (a)(1) of this 
    section;
    * * * * *
        (b) No individual shall be awarded a contract of any dollar value 
    unless that individual agrees not to engage in the unlawful 
    manufacture, distribution, dispensing, possession, or use of a 
    controlled substance while performing the contract.
    * * * * *
        5b. In addition to the amendments set forth above, section 23.504 
    is further amended by removing ``calendar'' from paragraphs (a)(4)(ii), 
    (a)(5), (a)(6), and the newly designated paragraph (c).
        6. Section 23.505 is amended by revising the section heading and 
    the introductory text of paragraph (a); in paragraph (a)(2) by removing 
    ``; or'' and inserting a period; and by removing paragraph (b), 
    redesignating paragraph (c) as (b) and revising the introductory text 
    of newly designated (b). The revised text reads 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  [Removed and reserved]
    
        8. Section 52.223-5 is removed and reserved.
        9a. Section 52.223-6 is amended--
        (a) In the introductory paragraph by removing ``23.505(b)'' and 
    inserting ``23.505'';
        (b) By revising the date of the clause heading;
        (c) In the introductory text of paragraph (a) by removing the comma 
    following the word ``clause'' and inserting an emdash ``--'';
        (d) At the end of paragraph (b)(6)(ii) by removing the period and 
    inserting ``; and'';
        (e) By revising paragraph (c); and
        (f) In paragraph (d) by removing the ``s'' from the word 
    ``paragraphs''.
        The revised text reads as follows:
    
    
    52.223-6  Drug-Free Workplace.
    
    * * * * *
    
    Drug-Free Workplace (Jan. 1997)
    
    * * * * *
        (c) The Contractor, if an individual, agrees by award of the 
    contract or acceptance of a purchase order, not to engage in the 
    unlawful manufacture, distribution, dispensing, possession, or use 
    of a controlled substance while performing this contract.
    * * * * *
        9b. In addition to the amendments set forth above, section 52.223-6 
    is further amended by removing ``calendar'' from the introductory text 
    of paragraph (b) each time it appears, from paragraphs (b)(4)(ii) and 
    (b)(5), and the introductory paragraph of (b)(6).
    
    [FR Doc. 96-32808 Filed 12-30-96; 8:45 am]
    BILLING CODE 6820-EP-M
    
    
    

Document Information

Published:
12/31/1996
Department:
Defense Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-32808
Dates:
January 1, 1997.
Pages:
69291-69292 (2 pages)
Docket Numbers:
FAC 90-44, FAR Case 96-311, Item IV
RINs:
9000-AH06
PDF File:
96-32808.pdf
CFR: (4)
48 CFR 9
48 CFR 13
48 CFR 23
48 CFR 52