FAC 2005-96 Rescinds Fair Pay and Safe Workplaces Rule

A final rule, FAR Case 2017-015, issued in Federal Acquisition Circular 2005-96, amends the Federal Acquisition Regulation to rescind the FAR Case 2014-025 final rule entitled Fair Pay and Safe Workplaces, which was issued in FAC 2005-90 on August 25, 2016 (81 FR 58562). In March 2017, pursuant to the Congressional Review Act (5 USC Ch 8), Congress passed House Joint Resolution 37 (PL 115-11), which disapproved the FAR Case 2014-025 final rule. Also, Executive Order 13782, Revocation of Federal Contracting Executive Orders, dated March 27, 2017, rescinded the prior executive orders authorizing the rule.

Impact

By statute, the rule is treated as if it had never taken effect and clauses created by the rule are unenforceable, even if they were included in a contract. Contracting officers are directed to modify, to the maximum extent practicable, existing contracts to remove any solicitation provisions and contract clauses related to the rule. This November 6, 2017, final rule applies to solicitations issued and contracts awarded before, on, or after October 25, 2016.

About George Gullo

George Gullo is a Senior Writer/Analyst in the Government Contracts group at Wolters Kluwer Law and Business. George serves as the principal editor of Cost Accounting Standards Guide and supports all of the group’s print and electronic publications, as well as legal research tools, including the Government Contracts Reporter, Board of Contract Appeals Decisions, and the FAR and DFARS Matrix Smart Charts. With more than 20 years experience in the legal publishing industry, including over 10 years in the government contracts area, George also has a background in legal and business transactions. He is a graduate of DePaul University College of Law and a licensed Illinois attorney.
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