Voglio sapere a riguardo di…

lotter on DSK11XQN23PROD with PROPOSALS2

Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules right to use Federal property, including land or facilities, for furnishing services.
The term concessions contract includes but is not limited to a contract the principal purpose of which is to furnish food, lodging, automobile fuel, souvenirs, newspaper stands, and/or recreational equipment, regardless of whether the services are of direct benefit to the Government, its personnel, or the general public.
Contract or contract-like instrument means an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. This definition includes, but is not limited to, a mutually binding legal relationship obligating one party to furnish services including construction and another party to pay for them. The term contract includes all contracts and any subcontracts of any tier thereunder, whether negotiated or advertised, including any procurement actions, lease agreements, cooperative agreements, provider agreements, intergovernmental service agreements, service agreements, licenses, permits, or any other type of agreement, regardless of nomenclature, type, or particular form, and whether entered into verbally or in writing. The term contract shall be interpreted broadly as to include, but not be limited to, any contract within the definition provided in the Federal Acquisition Regulation FAR at 48 CFR
chapter 1 or applicable Federal statutes.
This definition includes, but is not limited to, any contract that may be covered under any Federal procurement statute. Contracts may be the result of competitive bidding or awarded to a single source under applicable authority to do so. In addition to bilateral instruments, contracts include, but are not limited to, awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; exercised contract options; and bilateral contract modifications. The term contract includes contracts covered by the Service Contract Act, contracts covered by the Davis-Bacon Act, concessions contracts not otherwise subject to the Service Contract Act, and contracts in connection with Federal property or land and related to offering services for Federal employees, their dependents, or the general public.
Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. This term includes certain
VerDate Sep<11>2014

17:35 Jul 21, 2021

Jkt 253001

authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer.
Contractor means any individual or other legal entity that is awarded a Federal Government contract or subcontract under a Federal Government contract. The term contractor refers to both a prime contractor and all of its subcontractors of any tier on a contract with the Federal Government. The term contractor includes lessors and lessees, as well as employers of workers performing on or in connection with covered Federal contracts whose wages are calculated pursuant to special certificates issued under 29 U.S.C.
214c. The term employer is used interchangeably with the terms contractor and subcontractor in various sections of this part. The U.S.
Government, its agencies, and instrumentalities are not contractors, subcontractors, employers, or joint employers for purposes of compliance with the provisions of the Executive Order.
Davis-Bacon Act means the DavisBacon Act of 1931, as amended, 40
U.S.C. 3141 et seq., and the implementing regulations in this chapter.
Executive departments and agencies means executive departments, military departments, or any independent establishments within the meaning of 5
U.S.C. 101, 102, and 1041, respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.
Executive Order 13658 means Executive Order 13658 of February 12, 2014, Establishing a Minimum Wage for Contractors, 3 CFR, 2014 Comp., p.
219, and its implementing regulations at 29 CFR part 10.
Executive Order 14026 minimum wage means a wage that is at least:
1 $15.00 per hour beginning January 30, 2022; and 2 Beginning January 1, 2023, and annually thereafter, an amount determined by the Secretary pursuant to section 2 of the Executive Order.
Fair Labor Standards Act FLSA
means the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201 et seq., and the implementing regulations in this chapter.
Federal Government means an agency or instrumentality of the United States that enters into a contract pursuant to authority derived from the Constitution or the laws of the United States. For purposes of the Executive Order and this part, this definition does not include the District of Columbia or any
PO 00000

Frm 00073

Fmt 4701

Sfmt 4702

38887

Territory or possession of the United States.
New contract means a contract that is entered into on or after January 30, 2022, or a contract that is renewed or extended pursuant to an exercised option or otherwise on or after January 30, 2022. For purposes of the Executive Order, a contract that is entered into prior to January 30, 2022 will constitute a new contract if, on or after January 30, 2022:
1 The contract is renewed;
2 The contract is extended; or 3 An option on the contract is exercised.
Office of Administrative Law Judges means the Office of Administrative Law Judges, U.S. Department of Labor.
Option means a unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract.
Procurement contract for construction means a procurement contract for the construction, alteration, or repair including painting and decorating of public buildings or public works and which requires or involves the employment of mechanics or laborers, and any subcontract of any tier thereunder. The term procurement contract for construction includes any contract subject to the provisions of the Davis-Bacon Act, as amended, and the implementing regulations in this chapter.
Procurement contract for services means a procurement contract the principal purpose of which is to furnish services in the United States through the use of service employees, and any subcontract of any tier thereunder. The term procurement contract for services includes any contract subject to the provisions of the Service Contract Act, as amended, and the implementing regulations in this chapter.
Service Contract Act means the McNamara-OHara Service Contract Act of 1965, as amended, 41 U.S.C. 6701 et seq., and the implementing regulations in this chapter.
Solicitation means any request to submit offers, bids, or quotations to the Federal Government.
Tipped employee means any employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips. For purposes of the Executive Order, a worker performing on or in connection with a contract covered by the Executive Order who meets this definition is a tipped employee.

E:FRFM22JYP2.SGM

22JYP2