[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
