[Federal Register: July 14, 2009 (Volume 74, Number 133)]
[Rules and Regulations]
[Page 34206-34207]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy09-13]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 17, 22, 36
[FAC 2005-35; FAR Case 2009-015; Docket 2009-0025; Sequence 1]
RIN 9000-AL35
Federal Acquisition Regulation; FAR Case 2009-015, Revocation of
Executive Order 13202
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 (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to delete the
implementation of Executive Order (E.O.) 13202 of February 17, 2001, as
amended. The E.O. prohibited executive departments and agencies from
requiring or prohibiting Federal Government contractors and
subcontractors' entrance into project labor agreements.
DATES: Effective Date: July 14, 2009.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Ernest Woodson, Procurement Analyst, at (202) 501-3775. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-35, FAR
case 2009-015.
SUPPLEMENTARY INFORMATION:
A. Background
On February 6, 2009, the President issued E.O. 13502 which
encourages executive agencies to consider requiring the use of project
labor agreements in connection with large scale construction projects
in order to promote economy and efficiency in Federal procurement. The
term ``project labor agreement'' means a pre-hire collective bargaining
agreement with one or more labor organizations that establishes the
terms and conditions of employment for a specific construction project
and is an agreement described in 29 U.S.C. 158(f).
The President revoked E.O. 13202 issued on February 17, 2001 (66 FR
11225, published February 22, 2001)
[[Page 34207]]
and E.O. 13208 (66 FR 18717, published April 11, 2001). E.O. 13202
prohibited the Government from requiring or prohibiting the use of
project labor agreements by its construction contractors and
subcontractors, and E.O. 13208 authorized certain exemptions from E.O.
13202.
This final rule amends the Federal Acquisition Regulation to revise
FAR 36.202(d) to delete any references to the revoked Executive Order
13202.
This is a significant regulatory action and, therefore, was 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 Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comments is not required.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
Chapter 35, et seq.
List of Subjects in 48 CFR Parts 17, 22, and 36
Government procurement.
Dated: July 9, 2009.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 17, 22, and 36 as set
forth below:
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1. The authority citation for 48 CFR parts 17, 22, and 36 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 17-SPECIAL CONTRACTING METHODS
17.603 [Amended]
0
2. Amend section 17.603 by removing paragraph (c).
PART 22-APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.101-1 [Amended]
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3. Amend section 22.101-1 by redesignating paragraph (b)(1) as
paragraph (b) and removing paragraph (b)(2).
PART 36-CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 36.202
[Amended]
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4. Amend section 36.202 by removing paragraph (d).
[FR Doc. E9-16615 Filed 7-10-09; 11:15 am]
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