[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30654]
[Federal Register: December 28, 1994]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22 and 52
[FAC 90-23; FAR Case 93-618; Item XV]
RIN 9000-AF93
Federal Acquisition Regulation; Prohibition of Department of
Labor Implementation/Administration of Davis-Bacon Helper Regulations
Pursuant to Fiscal Year 1994 Appropriation Act
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 to implement in the Federal
Acquisition Regulation (FAR) the Department of Labor's (DOL's)
suspension of its Davis-Bacon Act ``Helper'' regulations. DOL's
regulations were suspended on October 21, 1993. A notice of suspension
was published in the Federal Register at 58 FR 58954, November 5, 1993.
This regulatory action was not subject to Office of Management and
Budget review under Executive Order 12866, dated September 30, 1993.
EFFECTIVE DATE: February 27, 1995.
FOR FURTHER INFORMATION CONTACT:
Mr. Jack O'Neill at (202) 501-3856 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 90-23,
FAR case 93-618.
SUPPLEMENTARY INFORMATION:
A. Background
The suspension of the Davis-Bacon ``Helper'' regulations has been
extended through the President's Fiscal Year 1995 budget request. In
order to keep the FAR current through that period of time, the Councils
have agreed to amend the regulation to implement the suspension.
B. Regulatory Flexibility Act
The 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. The rule merely implements the DOL
suspension on Davis-Bacon Act ``Helper'' regulations. Therefore, the
Regulatory Flexibility Act does not apply. However, comments from small
entities concerning the affected subpart will be considered in
accordance with 5 U.S.C. 610. Such comments must be submitted
separately and cite 5 U.S.C. 601, et seq. (FAC 90-23, FAR case 93-618),
in correspondence.
C. Paperwork Reduction Act
The final rule does not impose any recordkeeping requirements which
require the approval of the Office of Management and Budget under 44
U.S.C. 3501, et seq. Therefore, the requirements of the Paperwork
Reduction Act do not apply.
List of Subjects in 48 CFR Parts 22 and 52
Government procurement.
Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
Therefore, 48 CFR parts 22 and 52 are amended as set forth below:
1. The authority citation for 48 CFR parts 22 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 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
2. Section 22.401 is amended in the definition of Laborers or
mechanics, in the introductory text of paragraph (b) by revising the
second sentence, and by removing paragraph (b)(3) to read as follows:
22.401 Definitions.
* * * * *
Laborers or mechanics * * *
* * * * *
(b) * * * The terms ``apprentice'' and ``trainee'' are defined as
follows:
* * * * *
22.406-3 [Amended]
3. Section 22.406-3 is amended in paragraph (b)(1) by removing the
phrase ``, except with respect to helpers as defined in section
22.401,'' and by removing paragraph (b)(4).
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 52.222-6 is amended in the clause heading by removing
``(NOV 1992)'' and inserting ``(FEB 1995)''; in the introductory text
of paragraph (b)(1) by removing the phrase ``, including helpers''; and
by revising paragraphs (b)(1) (i) and (iii) to read as follows:
52.222-6 Davis-Bacon Act.
* * * * *
Davis-Bacon Act (Feb 1995)
* * * * *
(b)(1) * * *
(i) The work to be performed by the classification requested is
not performed by a classification in the wage determination.
* * * * *
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
* * * * *
[FR Doc. 94-30654 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P