Government Contracts Final FAR Rule Addresses Federal Lands
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Friday, November 20, 2020

Final FAR Rule Addresses Federal Lands

By Government Contracts Editorial Staff

The final rule in FAR Case 2019-002 implements a Department of Labor final rule, Minimum Wage for Contractors; Updating Regulations to Reflect Executive Order 13838 (83 FR 48537). The DOL rule implemented E.O. 13838, Exemption from Executive Order 13658 for Recreational Services on Federal Lands, which exempted certain contracts and contract-like instruments from the requirements of E.O. 13658, Establishing a Minimum Wage for Contractors. As of January 1, 2020, E.O. 13658 raised the minimum wage to $10.80 per hour. E.O. 13838 and DOL’s implementing regulation exempt contracts or contract-like instruments with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands from the requirements of E.O. 13658. Lodging and food services are not exempt. The rule amends the definitions at FAR 22.1901, the applicability requirement at FAR 22.1903, and the clause at FAR 52.222-55, Minimum Wages Under Executive Order 13658. The rule makes conforming amendments at FAR 52.212-5, FAR 52.213-4, and FAR 52.244-6. The final rule changes the proposed rule (¶70,006.348) by adding a new definition for “seasonal recreational equipment rental,” to provide additional clarity, and by making a conforming editorial change to FAR 52.222-55.

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