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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: October 26, 2000

FROM: Barry McVay, CPCM

SUBJECT: Federal Acquisition Regulation (FAR); Application of Labor Clauses

SOURCE: Federal Register, October 26, 2000, Vol. 65, No. 208, page 64297

AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

ACTION: Proposed Rule

SYNOPSIS: It is proposed that FAR 52.213-4, Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items), be amended to include FAR 52.222-21, Prohibition of Segregated Facilities, as a required clause in almost all contracts.

DATES: Comments should be submitted on or before December 26, 2000.

ADDRESSES: Submit comments to General Services Administration, FAR Secretariat (MVR), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405; e-mail: farcase.1999-612@gsa.gov. Cite FAR case 1999-612 in all correspondence related to this proposed rule.

FOR FURTHER INFORMATION CONTACT: Linda Klein, Procurement Analyst, 202-501-3775.

SUPPLEMENTAL INFORMATION: FAR 52.213-4 may be included in all simplified acquisitions exceeding the $2,500 micro-purchase threshold that are for other than commercial items. Paragraph (a) lists all the FAR clauses with which the contractor is required to comply, and paragraph (b) lists all the FAR clauses with which the contractor is required to comply "unless the circumstances do not apply".

FAR 52.222-21 is not currently listed in FAR 52.213-4, though FAR 52.222-21 is required to be included in all contracts where FAR 52.222-26, Equal Opportunity, is included. FAR 52.222-26 is currently listed under paragraph (b) of FAR 52.213-4 because it applies only to contracts over $10,000. However, paragraph (a)(1) of FAR 22.802, General, and paragraph (b) of FAR 22.807, Exemptions, state that FAR 52.222-26 must be included in all nonexempt contracts, even though FAR 52.222-26 does not apply unless the aggregate value of contracts and subcontracts awarded to the contractor exceeds $10,000 in one year. Therefore, it is proposed that FAR 52.222-26 be moved from paragraph (b) to paragraph (a) of FAR 52.213-4, and that FAR 52.222-21 be added to paragraph (a).

In addition, paragraphs (b)(1)(i), (b)(1)(iv), and (b)(1)(vi) of FAR 52.213-4 would be revised to clarify the geographic applicability of FAR 52.222-20, Walsh-Healey Public Contracts Act ("United States, Puerto Rico, or the U.S. Virgin Islands"); FAR 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793) ("the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island"); and FAR 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.) ("United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands"). Also, a new paragraph (a) of FAR 52.222-26 would be added to clarify the clause's geographic applicability ("the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island").

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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