issue-2009-02-04•Federal Register executive orders — 2009-02-04
Federal Register executive orders — 2009-02-04
issue-2009-02-04Federal Register executive orders — 2009-02-04Executive Order
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
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
-----------------------------------------------------------------------
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
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