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DOD/DARC

RIN: 0750-AG70

Publication ID: Fall 2010

Title: ●Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2010-D004)
Abstract: Prohibits the use of Fiscal Year 2010 funds for any contract in excess of $1 million (including task or delivery orders and bilateral modifications adding new work), pursuant to Section 8116 of the DoD Appropriations Act for Fiscal Year 2010, if the contractor restricts its employees to arbitration for claims under title VII of the Civil Rights Act of 1964, or tort related to or arising out of sexual assault or harassment, including battery, intentional infliction of emotional distress, or false imprisonment. After June 17, 2010, section 8116(b) requires the contractor to certify compliance by subcontractors. Further, it allows the Secretary of Defense to waive applicability to a particular contractor or subcontractor, if determined necessary to avoid harm to national security.
Agency: Department of Defense(DOD)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 48 CFR 212 48 CFR 222 48 CFR 252
Legal Authority: PL 111-118

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	Absent this interim regulatory change , the law will not be implemented.	05/01/2010

Overall Description of Deadline: Urgent and compelling reasons exist to provide implementing language quickly to preclude a contracting officer from inadvertently awarding a contract that is not in compliance with the DoD Appropriations Act for Fiscal Year 2010. Sec 8116 of said Act prohibits the use of FY 2010 funds for any contract (including task or delivery orders and bilateral modifications in excess of $1M that is awarded after February 17, 2010.

Timetable:

Action	Date	FR Cite
Interim Final Rule	05/19/2010	75 FR 27946
Interim Final Rule Effective	05/19/2010
Interim Final Rule Comment Period End	07/19/2010
Final Action	01/00/2011

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Ynette R. Shelkin Editor, Defense Acquisition Regulations System Department of Defense Defense Acquisition Regulations Council OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060 Phone:571 372-6089 Email: ynette.shelkin@osd.mil