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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules
national costs and transfers see section IV.C.. This yields the share of projected
costs and transfers attributable to small businesses Table 16.

Table 16: Projected Costs to Small Businesses Millions of 2020$
Direct Year/Discount Rate Employer Transfers Total Costs Years 1 Through 10
$11.3
$439.1
$450.4
$0.0
$441.7
$441.7
$0.0
$444.4
$444.4
$0.0
$447.1
$447.1
$0.0
$449.8
$449.8
$0.0
$452.5
$452.5
$0.0
$455.3
$455.3
$0.0
$458.0
$458.0
$0.0
$460.8
$460.8
$0.0
$463.6
$463.6
Average Annualized Amounts 3% discount rate $1.3
$450.6
$451.9
7% discount rate $1.5
$449.7
$451.2
C. Relevant Federal Rules Duplicating, Overlapping, or Conflicting with the Rule Year 1
Year2
Year3
Year4
Year 5
Year6
Year7
Year 8
Year9
Year 10

Section 4a of the Executive order requires the FARC to issue regulations to provide for inclusion of the applicable contract clause in Federal procurement solicitations and contracts subject to the order; thus, the contract clause and some requirements applicable to contracting agencies will appear in both part 23 and in the FARC
regulations. The Department is not aware of any relevant Federal rules that conflict with this NPRM.

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D. Alternatives to the Proposed Rule Executive Order 14026 is prescriptive and does not authorize the Department to consider less burdensome alternatives for small businesses. However, if stakeholders can identify alternatives that would accomplish the stated objectives of Executive Order 14026 and minimize any significant economic impact of the proposed rule on small entities, the Department would welcome that feedback. Below, the Department considers the specific alternatives required by section 603c of the RFA.

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E. Differing Compliance and Reporting Requirements for Small Entities This NPRM provides for no differing compliance requirements and reporting requirements for small entities. The Department has strived to have this proposal implement the minimum wage requirements of Executive Order 14026
with the least possible burden for small entities. The NPRM provides a number of efficient and informal alternative dispute mechanisms to resolve concerns about contractor compliance, including having the contracting agency provide compliance assistance to the contractor about the minimum wage requirements, and allowing for the Department to attempt an informal conciliation of complaints instead of engaging in extensive investigations. These tools will provide contractors with an opportunity to resolve inadvertent errors rapidly and before significant liabilities develop.
F. Clarification, Consolidation, and Simplification of Compliance and Reporting Requirements for Small Entities This proposed rule was drafted to clearly state the compliance requirements for all contractors subject to Executive Order 14026. The proposed
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rule does not contain any reporting requirements. The recordkeeping requirements imposed by this proposed rule are necessary for contractors to determine their compliance with the rule as well as for the Department and workers to determine the contractors compliance with the law. The recordkeeping provisions apply generally to all businesseslarge and smallcovered by the Executive order;
no rational basis exists for creating an exemption from compliance and recordkeeping requirements for small businesses. The Department makes available a variety of resources to employers for understanding their obligations and achieving compliance.
G. Use of Performance Rather Than Design Standards This proposed rule was written to provide clear guidelines to ensure compliance with the Executive order minimum wage requirements. Under the proposed rule, contractors may achieve compliance through a variety of means.
The Department makes available a variety of resources to contractors for understanding their obligations and achieving compliance.

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C. Relevant Federal Rules Duplicating, Overlapping, or Conflicting With the Rule