Federal Register executive orders — 2009-02-04

issue-2009-02-04Federal Register executive orders — 2009-02-04Executive Order

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FR Doc. E9-2486 Revocation of Certain Executive Orders Concerning Regulatory Planning and Review
[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Presidential Documents]
[Page 6113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2486]

                        Presidential Documents 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / 
Presidential Documents

[[Page 6113]]

                Executive Order 13497 of January 30, 2009

                
Revocation of Certain Executive Orders Concerning 
                Regulatory Planning and Review

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered that:

                Section 1. Executive Order 13258 of February 26, 2002, 
                and Executive Order 13422 of January 18, 2007, 
                concerning regulatory planning and review, which 
                amended Executive Order 12866 of September 30, 1993, 
                are revoked.

                Sec. 2. The Director of the Office of Management and 
                Budget and the heads of executive departments and 
                agencies shall promptly rescind any orders, rules, 
                regulations, guidelines, or policies implementing or 
                enforcing Executive Order 13258 or Executive Order 
                13422, to the extent consistent with law.

                Sec. 3. This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 30, 2009.

[FR Doc. E9-2486
Filed 2-3-09; 8:45 am]
Billing code 3195-W9-P

Complete official Federal Register PDF

FR Doc. E9-2485 Notification of Employee Rights Under Federal Labor Laws
[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Presidential Documents]
[Pages 6107-6111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2485]

                        Presidential Documents 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / 
Presidential Documents

[[Page 6107]]

                Executive Order 13496 of January 30, 2009

                
Notification of Employee Rights Under Federal 
                Labor Laws

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Federal Property and 
                Administrative Services Act, 40 U.S.C. 101 et seq., and 
                in order to ensure the economical and efficient 
                administration and completion of Government contracts, 
                it is hereby ordered that:

                Section 1. Policy. This order is designed to promote 
                economy and efficiency in Government procurement. When 
                the Federal Government contracts for goods or services, 
                it has a proprietary interest in ensuring that those 
                contracts will be performed by contractors whose work 
                will not be interrupted by labor unrest. The attainment 
                of industrial peace is most easily achieved and 
                workers' productivity is enhanced when workers are well 
                informed of their rights under Federal labor laws, 
                including the National Labor Relations Act (Act), 29 
                U.S.C. 151 et seq. As the Act recognizes, ``encouraging 
                the practice and procedure of collective bargaining and 
                . . . protecting the exercise by workers of full 
                freedom of association, self-organization, and 
                designation of representatives of their own choosing, 
                for the purpose of negotiating the terms and conditions 
                of their employment or other mutual aid or protection'' 
                will ``eliminate the causes of certain substantial 
                obstructions to the free flow of commerce'' and 
                ``mitigate and eliminate these obstructions when they 
                have occurred.'' 29 U.S.C. 151. Relying on contractors 
                whose employees are informed of such rights under 
                Federal labor laws facilitates the efficient and 
                economical completion of the Federal Government's 
                contracts.

                Sec. 2. Contract Clause. Except in contracts exempted 
                in accordance with section 3 of this order, all 
                Government contracting departments and agencies shall, 
                to the extent consistent with law, include the 
                following provisions in every Government contract, 
                other than collective bargaining agreements as defined 
                in 5 U.S.C. 7103(a)(8) and purchases under the 
                simplified acquisition threshold as defined in the 
                Office of Federal Procurement Policy Act, 41 U.S.C. 
                403.

                ``1. During the term of this contract, the contractor 
                agrees to post a notice, of such size and in such form, 
                and containing such content as the Secretary of Labor 
                shall prescribe, in conspicuous places in and about its 
                plants and offices where employees covered by the 
                National Labor Relations Act engage in activities 
                relating to the performance of the contract, including 
                all places where notices to employees are customarily 
                posted both physically and electronically. The notice 
                shall include the information contained in the notice 
                published by the Secretary of Labor in the Federal 
                Register (Secretary's Notice).

                    ``2. The contractor will comply with all provisions 
                of the Secretary's Notice, and related rules, 
                regulations, and orders of the Secretary of Labor.
                    ``3. In the event that the contractor does not 
                comply with any of the requirements set forth in 
                paragraphs (1) or (2) above, this contract may be 
                cancelled, terminated, or suspended in whole or in 
                part, and the contractor may be declared ineligible for 
                further Government contracts in accordance with 
                procedures authorized in or adopted pursuant to 
                Executive Order [number as provided by the Federal 
                Register] of [insert new date]. Such other sanctions or 
                remedies may be imposed as are provided in Executive 
                Order [number as provided by the Federal Register] of 
                [insert new date], or by

[[Page 6108]]

                rule, regulation, or order of the Secretary of Labor, 
                or as are otherwise provided by law.
                    ``4. The contractor will include the provisions of 
                paragraphs (1) through (3) above in every subcontract 
                entered into in connection with this contract (unless 
                exempted by rules, regulations, or orders of the 
                Secretary of Labor issued pursuant to section 3 of 
                Executive Order [number as provided by the Federal 
                Register] of [insert new date]) so that such provisions 
                will be binding upon each subcontractor. The contractor 
                will take such action with respect to any such 
                subcontract as may be directed by the Secretary of 
                Labor as a means of enforcing such provisions, 
                including the imposition of sanctions for non-
                compliance: Provided, however, that if the contractor 
                becomes involved in litigation with a subcontractor, or 
                is threatened with such involvement, as a result of 
                such direction, the contractor may request the United 
                States to enter into such litigation to protect the 
                interests of the United States.''

                Sec. 3. Administration.

                    (a) The Secretary of Labor (Secretary) shall be 
                responsible for the administration and enforcement of 
                this order. The Secretary shall adopt such rules and 
                regulations and issue such orders as are necessary and 
                appropriate to achieve the purposes of this order.
                    (b) Within 120 days of the effective date of this 
                order, the Secretary shall initiate a rulemaking to 
                prescribe the size, form, and content of the notice to 
                be posted by a contractor under paragraph 1 of the 
                contract clause described in section 2 of this order. 
                Such notice shall describe the rights of employees 
                under Federal labor laws, consistent with the policy 
                set forth in section 1 of this order.
                    (c) Whenever the Secretary finds that an act of 
                Congress, clarification of existing law by the courts 
                or the National Labor Relations Board, or other 
                circumstances make modification of the contractual 
                provisions set out in subsection (a) of this section 
                necessary to achieve the purposes of this order, the 
                Secretary promptly shall issue such rules, regulations, 
                or orders as are needed to cause the substitution or 
                addition of appropriate contractual provisions in 
                Government contracts thereafter entered into.

                Sec. 4. Exemptions. (a) If the Secretary finds that the 
                application of any of the requirements of this order 
                would not serve the purposes of this order or would 
                impair the ability of the Government to procure goods 
                or services on an economical and efficient basis, the 
                Secretary may exempt a contracting department or agency 
                or group of departments or agencies from the 
                requirements of any or all of the provisions of this 
                order with respect to a particular contract or 
                subcontract or any class of contracts or subcontracts.

                    (b) The Secretary may, if the Secretary finds that 
                special circumstances require an exemption in order to 
                serve the national interest, exempt a contracting 
                department or agency from the requirements of any or 
                all of the provisions of section 2 of this order with 
                respect to a particular contract or subcontract or 
                class of contracts or subcontracts.

                Sec. 5. Investigation.

                    (a) The Secretary may investigate any Government 
                contractor, subcontractor, or vendor to determine 
                whether the contractual provisions required by section 
                2 of this order have been violated.
                    Such investigations shall be conducted in 
                accordance with procedures established by the 
                Secretary.
                    (b) The Secretary shall receive and investigate 
                complaints by employees of a Government contractor or 
                subcontractor, where such complaints allege a failure 
                to perform or a violation of the contractual provisions 
                required by section 2 of this order.

                Sec. 6. Compliance.

                    (a) The Secretary, or any agency or officer in the 
                executive branch lawfully designated by rule, 
                regulation, or order of the Secretary, may hold such

[[Page 6109]]

                hearings, public or private, regarding compliance with 
                this order as the Secretary may deem advisable.
                    (b) The Secretary may hold hearings, or cause 
                hearings to be held, in accordance with subsection (a) 
                of this section, prior to imposing, ordering, or 
                recommending the imposition of sanctions under this 
                order. Neither an order for cancellation, termination, 
                or suspension of any contract or debarment of any 
                contractor from further Government contracts under 
                section 7(b) of this order nor the inclusion of a 
                contractor on a published list of noncomplying 
                contractors under section 7(c) of this order shall be 
                carried out without affording the contractor an 
                opportunity for a hearing.

                Sec. 7. Remedies. In accordance with such rules, 
                regulations, or orders as the Secretary may issue or 
                adopt, the Secretary may:

                    (a) after consulting with the contracting 
                department or agency, direct that department or agency 
                to cancel, terminate, suspend, or cause to be 
                cancelled, terminated, or suspended, any contract, or 
                any portion or portions thereof, for failure of the 
                contractor to comply with the contractual provisions 
                required by section 2 of this order; contracts may be 
                cancelled, terminated, or suspended absolutely, or 
                continuance of contracts may be conditioned upon future 
                compliance: Provided, that before issuing a directive 
                under this subsection, the Secretary shall provide the 
                head of the contracting department or agency an 
                opportunity to offer written objections to the issuance 
                of such a directive, which objections shall include a 
                complete statement of reasons for the objections, among 
                which reasons shall be a finding that completion of the 
                contract is essential to the agency's mission: And 
                provided further, that no directive shall be issued by 
                the Secretary under this subsection so long as the head 
                of the contracting department or agency, or his or her 
                designee, continues to object to the issuance of such 
                directive;
                    (b) after consulting with each affected contracting 
                department or agency, provide that one or more 
                contracting departments or agencies shall refrain from 
                entering into further contracts, or extensions or other 
                modifications of existing contracts, with any 
                noncomplying contractor, until such contractor has 
                satisfied the Secretary that such contractor has 
                complied with and will carry out the provisions of this 
                order: Provided, that before issuing a directive under 
                this subsection, the Secretary shall provide the head 
                of each contracting department or agency an opportunity 
                to offer written objections to the issuance of such a 
                directive, which objections shall include a complete 
                statement of reasons for the objections, among which 
                reasons shall be a finding that further contracts or 
                extensions or other modifications of existing contracts 
                with the noncomplying contractor are essential to the 
                agency's mission: And provided further, that no 
                directive shall be issued by the Secretary under this 
                subsection so long as the head of a contracting 
                department or agency, or his or her designee, continues 
                to object to the issuance of such directive; and
                    (c) publish, or cause to be published, the names of 
                contractors that have, in the judgment of the 
                Secretary, failed to comply with the provisions of this 
                order or of related rules, regulations, and orders of 
                the Secretary.

                Sec. 8. Reports. Whenever the Secretary invokes section 
                7(a) or 7(b) of this order, the contracting department 
                or agency shall report to the Secretary the results of 
                the action it has taken within such time as the 
                Secretary shall specify.

                Sec. 9. Cooperation. Each contracting department and 
                agency shall cooperate with the Secretary and provide 
                such information and assistance as the Secretary may 
                require in the performance of the Secretary's functions 
                under this order.

                Sec. 10. Sufficiency of Remedies. If the Secretary 
                finds that the authority vested in the Secretary by 
                sections 5 through 9 of this order is not sufficient to 
                effectuate the purposes of this order, the Secretary 
                shall develop recommendations on how better to 
                effectuate those purposes.

[[Page 6110]]

                Sec. 11. Delegation. The Secretary may, in accordance 
                with law, delegate any function or duty of the 
                Secretary under this order to any officer in the 
                Department of Labor or to any other officer in the 
                executive branch of the Government, with the consent of 
                the head of the department or agency in which that 
                officer serves.

                Sec. 12. Implementation. To the extent permitted by 
                law, the Federal Acquisition Regulatory Council (FAR 
                Council) shall take whatever action is required to 
                implement in the Federal Acquisition Regulation (FAR) 
                the provisions of this order and any related rules, 
                regulations, or orders issued by the Secretary under 
                this order and shall amend the FAR to require each 
                solicitation of offers for a contract to include a 
                provision that implements section 2 of this order.

                Sec. 13. Revocation of Prior Order and Actions. 
                Executive Order 13201 of February 17, 2001, is revoked. 
                The heads of executive departments and agencies shall, 
                to the extent permitted by law, revoke expeditiously 
                any orders, rules, regulations, guidelines, or policies 
                implementing or enforcing Executive Order 13201.

                Sec. 14. Severability. If any provision of this order, 
                or the application of such provision to any person or 
                circumstance, is held to be invalid, the remainder of 
                this order and the application of the provisions of 
                such to any person or circumstances shall not be 
                affected thereby.

                Sec. 15. General Provisions.

                    (a) Nothing in this order shall be construed to 
                impair or otherwise affect:

  (i) authority granted by law to a department, agency, or the head 
thereof; or

  (ii) functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.

[[Page 6111]]

                Sec. 16. Effective Date. This order shall become 
                effective immediately, and shall apply to contracts 
                resulting from solicitations issued on or after the 
                effective date of the rule promulgated by the Secretary 
                pursuant to section 3(b) of this order.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 30, 2009.

[FR Doc. E9-2485
Filed 2-3-09; 8:45 am]
Billing code 3195-W9-P

Complete official Federal Register PDF

FR Doc. E9-2484 Nondisplacement of Qualified Workers Under Service Contracts
[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Presidential Documents]
[Pages 6103-6106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2484]

                        Presidential Documents 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / 
Presidential Documents

[[Page 6103]]

                Executive Order 13495 of January 30, 2009

                
Nondisplacement of Qualified Workers Under 
                Service Contracts

                When a service contract expires, and a follow-on 
                contract is awarded for the same service, at the same 
                location, the successor contractor or its 
                subcontractors often hires the majority of the 
                predecessor's employees. On some occasions, however, a 
                successor contractor or its subcontractors hires a new 
                work force, thus displacing the predecessor's 
                employees.

                The Federal Government's procurement interests in 
                economy and efficiency are served when the successor 
                contractor hires the predecessor's employees. A 
                carryover work force reduces disruption to the delivery 
                of services during the period of transition between 
                contractors and provides the Federal Government the 
                benefits of an experienced and trained work force that 
                is familiar with the Federal Government's personnel, 
                facilities, and requirements.

                Therefore, by the authority vested in me as President 
                by the Constitution and the laws of the United States 
                of America, including the Federal Property and 
                Administrative Services Act, 40 U.S.C. 101 et seq., and 
                in order to promote economy and efficiency in Federal 
                Government procurement, it is hereby ordered as 
                follows:

                Section 1. Policy. It is the policy of the Federal 
                Government that service contracts and solicitations for 
                such contracts shall include a clause that requires the 
                contractor, and its subcontractors, under a contract 
                that succeeds a contract for performance of the same or 
                similar services at the same location, to offer those 
                employees (other than managerial and supervisory 
                employees) employed under the predecessor contract 
                whose employment will be terminated as a result of the 
                award of the successor contract, a right of first 
                refusal of employment under the contract in positions 
                for which they are qualified. There shall be no 
                employment openings under the contract until such right 
                of first refusal has been provided. Nothing in this 
                order shall be construed to permit a contractor or 
                subcontractor to fail to comply with any provision of 
                any other Executive Order or law of the United States.

                Sec. 2. Definitions.

                    (a) ``Service contract'' or ``contract'' means any 
                contract or subcontract for services entered into by 
                the Federal Government or its contractors that is 
                covered by the Service Contract Act of 1965, as 
                amended, 41 U.S.C. 351 et seq., and its implementing 
                regulations.
                    (b) ``Employee'' means a service employee as 
                defined in the Service Contract Act of 1965, 41 U.S.C. 
                357(b).

                Sec. 3. Exclusions. This order shall not apply to:

                    (a) contracts or subcontracts under the simplified 
                acquisition threshold as defined in 41 U.S.C. 403;
                    (b) contracts or subcontracts awarded pursuant to 
                the Javits-Wagner-O'Day Act, 41 U.S.C. 46-48c;
                    (c) guard, elevator operator, messenger, or 
                custodial services provided to the Federal Government 
                under contracts or subcontracts with sheltered 
                workshops employing the severely handicapped as 
                described in section 505 of the Treasury, Postal 
                Services and General Government Appropriations Act, 
                1995, Public Law 103-329;

[[Page 6104]]

                    (d) agreements for vending facilities entered into 
                pursuant to the preference regulations issued under the 
                Randolph-Sheppard Act, 20 U.S.C. 107; or
                    (e) employees who were hired to work under a 
                Federal service contract and one or more nonfederal 
                service contracts as part of a single job, provided 
                that the employees were not deployed in a manner that 
                was designed to avoid the purposes of this order.

                Sec. 4. Authority to Exempt Contracts. If the head of a 
                contracting department or agency finds that the 
                application of any of the requirements of this order 
                would not serve the purposes of this order or would 
                impair the ability of the Federal Government to procure 
                services on an economical and efficient basis, the head 
                of such department or agency may exempt its department 
                or agency from the requirements of any or all of the 
                provisions of this order with respect to a particular 
                contract, subcontract, or purchase order or any class 
                of contracts, subcontracts, or purchase orders.

                Sec. 5. Contract Clause. The following contract clause 
                shall be included in solicitations for and service 
                contracts that succeed contracts for performance of the 
                same or similar work at the same location:

                ``NONDISPLACEMENT OF QUALIFIED WORKERS

                    ``(a) Consistent with the efficient performance of 
                this contract, the contractor and its subcontractors 
                shall, except as otherwise provided herein, in good 
                faith offer those employees (other than managerial and 
                supervisory employees) employed under the predecessor 
                contract whose employment will be terminated as a 
                result of award of this contract or the expiration of 
                the contract under which the employees were hired, a 
                right of first refusal of employment under this 
                contract in positions for which employees are 
                qualified. The contractor and its subcontractors shall 
                determine the number of employees necessary for 
                efficient performance of this contract and may elect to 
                employ fewer employees than the predecessor contractor 
                employed in connection with performance of the work. 
                Except as provided in paragraph (b) there shall be no 
                employment opening under this contract, and the 
                contractor and any subcontractors shall not offer 
                employment under this contract, to any person prior to 
                having complied fully with this obligation. The 
                contractor and its subcontractors shall make an express 
                offer of employment to each employee as provided herein 
                and shall state the time within which the employee must 
                accept such offer, but in no case shall the period 
                within which the employee must accept the offer of 
                employment be less than 10 days.
                    ``(b) Notwithstanding the obligation under 
                paragraph (a) above, the contractor and any 
                subcontractors (1) may employ under this contract any 
                employee who has worked for the contractor or 
                subcontractor for at least 3 months immediately 
                preceding the commencement of this contract and who 
                would otherwise face lay-off or discharge, (2) are not 
                required to offer a right of first refusal to any 
                employee(s) of the predecessor contractor who are not 
                service employees within the meaning of the Service 
                Contract Act of 1965, as amended, 41 U.S.C. 357(b), and 
                (3) are not required to offer a right of first refusal 
                to any employee(s) of the predecessor contractor whom 
                the contractor or any of its subcontractors reasonably 
                believes, based on the particular employee's past 
                performance, has failed to perform suitably on the job.
                    ``(c) In accordance with Federal Acquisition 
                Regulation 52.222-41(n), the contractor shall, not less 
                than 10 days before completion of this contract, 
                furnish the Contracting Officer a certified list of the 
                names of all service employees working under this 
                contract and its subcontracts during the last month of 
                contract performance. The list shall also contain 
                anniversary dates of employment of each service 
                employee under this contract and its predecessor 
                contracts either with the current or predecessor 
                contractors or their subcontractors. The Contracting 
                Officer will provide the list to the successor 
                contractor, and the list shall be provided on request 
                to employees or their representatives.

[[Page 6105]]

                    ``(d) If it is determined, pursuant to regulations 
                issued by the Secretary of Labor (Secretary), that the 
                contractor or its subcontractors are not in compliance 
                with the requirements of this clause or any regulation 
                or order of the Secretary, appropriate sanctions may be 
                imposed and remedies invoked against the contractor or 
                its subcontractors, as provided in Executive Order 
                (No.) --------------, the regulations, and relevant 
                orders of the Secretary, or as otherwise provided by 
                law.
                    ``(e) In every subcontract entered into in order to 
                perform services under this contract, the contractor 
                will include provisions that ensure that each 
                subcontractor will honor the requirements of paragraphs 
                (a) through (b) with respect to the employees of a 
                predecessor subcontractor or subcontractors working 
                under this contract, as well as of a predecessor 
                contractor and its subcontractors. The subcontract 
                shall also include provisions to ensure that the 
                subcontractor will provide the contractor with the 
                information about the employees of the subcontractor 
                needed by the contractor to comply with paragraph 5(c), 
                above. The contractor will take such action with 
                respect to any such subcontract as may be directed by 
                the Secretary as a means of enforcing such provisions, 
                including the imposition of sanctions for non-
                compliance: provided, however, that if the contractor, 
                as a result of such direction, becomes involved in 
                litigation with a subcontractor, or is threatened with 
                such involvement, the contractor may request that the 
                United States enter into such litigation to protect the 
                interests of the United States.''

                Sec. 6. Enforcement. (a) The Secretary of Labor 
                (Secretary) is responsible for investigating and 
                obtaining compliance with this order. In such 
                proceedings, the Secretary shall have the authority to 
                issue final orders prescribing appropriate sanctions 
                and remedies, including, but not limited to, orders 
                requiring employment and payment of wages lost. The 
                Secretary also may provide that where a contractor or 
                subcontractor has failed to comply with any order of 
                the Secretary or has committed willful violations of 
                this order or the regulations issued pursuant thereto, 
                the contractor or subcontractor, and its responsible 
                officers, and any firm in which the contractor or 
                subcontractor has a substantial interest, shall be 
                ineligible to be awarded any contract of the United 
                States for a period of up to 3 years. Neither an order 
                for debarment of any contractor or subcontractor from 
                further Government contracts under this section nor the 
                inclusion of a contractor or subcontractor on a 
                published list of noncomplying contractors shall be 
                carried out without affording the contractor or 
                subcontractor an opportunity for a hearing.

                    (b) This order creates no rights under the Contract 
                Disputes Act, and disputes regarding the requirement of 
                the contract clause prescribed by section 5 of this 
                order, to the extent permitted by law, shall be 
                disposed of only as provided by the Secretary in 
                regulations issued under this order. To the extent 
                practicable, such regulations shall favor the 
                resolution of disputes by efficient and informal 
                alternative dispute resolution methods. The Secretary 
                shall, in consultation with the Federal Acquisition 
                Regulatory Council, issue regulations, within 180 days 
                of the date of this order, to the extent permitted by 
                law, to implement the requirements of this order. The 
                Federal Acquisition Regulatory Council shall issue, 
                within 180 days of the date of this order, to the 
                extent permitted by law, regulations in the Federal 
                Acquisition Regulation to provide for inclusion of the 
                contract clause in Federal solicitations and contracts 
                subject to this order.

                Sec. 7. Revocation. Executive Order 13204 of February 
                17, 2001, is revoked.

                Sec. 8. Severability. If any provision of this order, 
                or the application of such provision or amendment to 
                any person or circumstance, is held to be invalid, the 
                remainder of this order and the application of the 
                provisions of such to any person or circumstances shall 
                not be affected thereby.

                Sec. 9. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

  (i) authority granted by law to an executive department, agency, or the 
head thereof; or

[[Page 6106]]

  (ii) functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person. This order is not intended, however, to 
                preclude judicial review of final decisions by the 
                Secretary in accordance with the Administrative 
                Procedure Act, 5 U.S.C. 701 et seq.

                Sec. 10. Effective Date. This order shall become 
                effective immediately and shall apply to solicitations 
                issued on or after the effective date for the action 
                taken by the Federal Acquisition Regulatory Council 
                under section 6(b) of this order.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 30, 2009.

[FR Doc. E9-2484
Filed 2-3-09; 8:45 am]
Billing code 3195-W9-P

Complete official Federal Register PDF

FR Doc. E9-2483 Economy in Government Contracting
[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Presidential Documents]
[Pages 6101-6102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2483]

[[Page 6099]]

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Part II

The President

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Executive Order 13494--Economy in Government Contracting

Executive Order 13495--Nondisplacement of Qualified Workers Under 
Service Contracts

Executive Order 13496--Notification of Employee Rights Under Federal 
Labor Laws

Executive Order 13497--Revocation of Certain Executive Orders 
Concerning Regulatory Planning and Review

Presidential Determination No. 2009-15 of January 27, 2009--Unexpected 
Urgent Refugee and Migration Needs Related to Gaza

                        Presidential Documents 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 6101]]

                Executive Order 13494 of Economy in Government 
                Contracting

                
Economy in Government Contracting

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Federal Property and 
                Administrative Services Act, 40 U.S.C. 101 et seq., it 
                is hereby ordered that:

                Section 1. To promote economy and efficiency in 
                Government contracting, certain costs that are not 
                directly related to the contractors' provision of goods 
                and services to the Government shall be unallowable for 
                payment, thereby directly reducing Government 
                expenditures. This order is also consistent with the 
                policy of the United States to remain impartial 
                concerning any labor-management dispute involving 
                Government contractors. This order does not restrict 
                the manner in which recipients of Federal funds may 
                expend those funds.

                Sec. 2. It is the policy of the executive branch in 
                procuring goods and services that, to ensure the 
                economical and efficient administration of Government 
                contracts, contracting departments and agencies, when 
                they enter into, receive proposals for, or make 
                disbursements pursuant to a contract as to which 
                certain costs are treated as unallowable, shall treat 
                as unallowable the costs of any activities undertaken 
                to persuade employees--whether employees of the 
                recipient of the Federal disbursements or of any other 
                entity--to exercise or not to exercise, or concerning 
                the manner of exercising, the right to organize and 
                bargain collectively through representatives of the 
                employees' own choosing. Such unallowable costs shall 
                be excluded from any billing, claim, proposal, or 
                disbursement applicable to any such Federal Government 
                contract.

                Sec. 3. Notwithstanding section 2 of this order, 
                contracting departments and agencies shall treat as 
                allowable costs incurred in maintaining satisfactory 
                relations between the contractor and its employees, 
                including costs of labor-management committees, 
                employee publications (other than those undertaken to 
                persuade employees to exercise or not to exercise, or 
                concerning the manner of exercising, the right to 
                organize and bargain collectively), and other related 
                activities. See 48 C.F.R. 31.205-21.

                Sec. 4. Examples of costs unallowable under section 2 
                of this order include the costs of the following 
                activities, when they are undertaken to persuade 
                employees to exercise or not to exercise, or concern 
                the manner of exercising, rights to organize and 
                bargain collectively:

                    (a) preparing and distributing materials;
                    (b) hiring or consulting legal counsel or 
                consultants;
                    (c) holding meetings (including paying the salaries 
                of the attendees at meetings held for this purpose); 
                and
                    (d) planning or conducting activities by managers, 
                supervisors, or union representatives during work 
                hours.

                Sec. 5. Within 150 days of the effective date of this 
                order, the Federal Acquisition Regulatory Council (FAR 
                Council) shall adopt such rules and regulations and 
                issue such orders as are deemed necessary and 
                appropriate to carry out this order. Such rules, 
                regulations, and orders shall minimize the costs of 
                compliance for contractors and shall not interfere with 
                the ability of contractors to engage in advocacy 
                through activities for which they do not claim 
                reimbursement.

[[Page 6102]]

                Sec. 6. Each contracting department or agency shall 
                cooperate with the FAR Council and provide such 
                information and assistance as the FAR Council may 
                require in the performance of its functions under this 
                order.

                Sec. 7. (a) This order shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.

                    (b) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.

                Sec. 8. This order shall become effective immediately, 
                and shall apply to contracts resulting from 
                solicitations issued on or after the effective date of 
                the action taken by the FAR Council under section 5 of 
                this order.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 30, 2009.

[FR Doc. E9-2483
Filed 2-3-09; 8:45 am]
Billing code 3195-W9-P

Complete official Federal Register PDF

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