Federal Acquisition Regulation; Nondisplacement of Qualified WorkersCommercial Items

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

Proposed Rules

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:

[email protected].

Please cite FAR case 99-600 in all correspondence related to this

case.

nsidered 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:

[email protected].

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

dditional 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).