[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Proposed Rules]
[Page 32738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15144]
[[Page 32737]]
_______________________________________________________________________
Part V
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Part 52
Federal Acquisition Regulation; Nondisplacement of Qualified Workers--
Commercial Items; Proposed Rule
Federal Register / Vol. 64, No. 116 / Thursday, June 17, 1999 /
Proposed Rules
[[Page 32738]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
National Aeronautics and Space Administration
48 CFR Part 52
[FAR Case 99-600]
RIN 9000-AI38
Federal Acquisition Regulation; Nondisplacement of Qualified
Workers--Commercial Items
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to amend the Federal
Acquisition Regulation (FAR) to add the clause title, Nondisplacement
of Qualified Workers, to the clause concerning Contract Terms and
Conditions Required to Implement Statutes or Executive Orders--
Commercial Items. This addition would permit inclusion of the clause,
by reference, in solicitations and contracts for commercial services,
when determined appropriate by the contracting officer.
DATES: Comments should be submitted on or before August 16, 1999 to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (MVR), Attn: Laurie
Duarte, 1800 F Street, NW, Room 4035, Washington, DC 20405.
E-mail comments submitted over Internet should be addressed to:
farcase.99-600@gsa.gov.
Please cite FAR case 99-600 in all correspondence related to this
case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Jack O'Neill, Procurement Analyst, at (202) 501-
3856. Please cite FAR case 99-600.
SUPPLEMENTARY INFORMATION:
A. Background
Executive Order 12933 was signed October 20, 1994, by President
Clinton and published in the Federal Register on October 24, 1994. To
obtain public comment and assist in development of implementing
regulations, the Department of Labor (DOL) invited comment through a
notice of proposed rulemaking in the Federal Register on July 18, 1995
(60 FR 36756). The final DOL rule was published in the Federal Register
on May 22, 1997 (62 FR 28175). An interim FAR rule implementing DOL's
rule was published under FAR case 94-610 (FAC 97-01, 62 FR 44802,
August 22, 1997). During consideration of the public comments submitted
in response to the interim rule, the Civilian Agency Acquisition
Council and the Defense Acquisition Regulations Council identified this
additional issue and proposed change. The councils consider this
additional change significant enough to warrant additional public
comments.
This rule proposes to add the clause title, 52.222-50,
Nondisplacement of Qualified Workers, at 52.212-5(c).
This regulatory action was not subject to Office of Management and
Budget review under Executive Order 12866, dated September 30, 1993,
and is not a major rule under 5 U.S.C. 804.
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., because the rule
only identifies the FAR clause at 52.222-50, Nondisplacement of
Qualified Workers as appropriate for incorporation by reference in
certain service contracts when determined so by the contracting
officer. Therefore, an Initial Regulatory Flexibility Analysis has not
been performed. Comments from small entities concerning the affected
FAR subpart will be considered in accordance with 5 U.S.C. 610 of the
Act. Such comments must be submitted separately and should cite 5
U.S.C. 601, et seq. (FAR case 99-600), in correspondence.
C. Paperwork Reduction Act
This proposed rule will not impose any additional paperwork burdens
beyond the information collection and recordkeeping requirements under
sections 9.6(c), 9.9(b), and 9.11 of the Department of Labor
regulations, 29 CFR part 9, and approved under Office of Management and
Budget Control No. 1215-0190.
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: June 9, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, it is proposed that 48 CFR part 52 be amended as set
forth below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR part 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).
2. Section 52.212-5 is amended by revising the date of the clause
to read ``(DATE)''; at the parenthetical following the introductory
text of paragraphs (b) and (c) of the clause by removing the
parentheses and adding brackets in their place; and by adding paragraph
(c)(6) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Items (Date)
* * * * *
(c) * * *
(6) 52.222-50, Nondisplacement of Qualified Workers (Executive
Order 12933).
* * * * *
[FR Doc. 99-15144 Filed 6-16-99; 8:45 am]
BILLING CODE 6820-EP-P
