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 Also, Executive Order 13782, Revocation of Federal Contracting Executive Orders, dated March 27, 2017, rescinded the prior executive orders authorizing the rule.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.