Federal Acquisition Regulation; FAR Case 2008-024, Inflation Adjustment of Acquisition-Related Thresholds, 5716-5722 [2010-2318]
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Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules
• Fax: Comments may be faxed to
202–566–0272; Attention Docket ID No.
EPA–HQ–SFUND–2009–0834.
• Mail: Send your comments to the
Identification of Additional Classes of
Facilities for Development of Financial
Responsibility Requirements under
CERCLA Section 108(b) Docket,
Attention Docket ID No., EPA–HQ–
SFUND–2009–0834, Environmental
Protection Agency, Mailcode: 5305T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a
total of two copies.
• Hand Delivery: Deliver two copies
of your comments to the Identification
of Additional Classes of Facilities for
Development of Financial
Responsibility Requirements under
CERCLA Section 108(b) Docket,
Attention Docket ID No., EPA–HQ–
SFUND–2009–0834, EPA/DC, EPA
West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC 20460. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–2009–
0834. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
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about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Identification of Additional Classes
of Facilities for Development of
Financial Responsibility Requirements
under CERCLA Section 108(b) Docket,
Docket ID No. EPA–HQ–SFUND–2009–
0834, EPA/DC, EPA West, Room 3334,
1301 Constitution Ave., NW.,
Washington, DC 20460. This Docket
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The Docket telephone
number is (202) 566–0276. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744.
FOR FURTHER INFORMATION CONTACT: For
more information on this notice, contact
Ben Lesser, U.S. Environmental
Protection Agency, Office of Resource
Conservation and Recovery, Mail Code
5302P, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone (703)
308–0314; or (e-mail)
lesser.ben@epa.gov; or Barbara Foster,
U.S. Environmental Protection Agency,
Office of Resource Conservation and
Recovery, Mail Code 5303P, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone (703) 308–7057; or
(e-mail) foster.barbara@epa.gov.
SUPPLEMENTARY INFORMATION: On
January 6, 2010, the Agency published
in the Federal Register (75 FR 816) an
Advance Notice of Proposed
Rulemaking (ANPRM) that identified
the classes of facilities within three
industries—the Chemical
Manufacturing industry (NAICS 325),
the Petroleum and Coal Products
Manufacturing industry (NAICS 324),
and the Electric Power Generation,
Transmission, and Distribution industry
(NAICS 2211)—as those for which the
Agency plans to develop, as necessary,
proposed regulations identifying
appropriate financial responsibility
requirements under section 108(b) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA). In addition, the Agency
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identified the Waste Management and
Remediation Services industry (NAICS
562), the Wood Product Manufacturing
industry (NAICS 321), the Fabricated
Metal Product Manufacturing industry
(NAICS 332), the Electronics and
Electrical Equipment Manufacturing
industry (NAICS 334 and 335), as well
as facilities engaged in the recycling of
materials containing CERCLA hazardous
substances as requiring further study
before EPA decides whether to begin the
regulatory development process.
Following publication of the ANPRM,
several members of the public requested
that the Agency extend the comment
period. The Agency received extension
requests for 30 days, 45 days, and 60
days. In response to these requests, the
Agency is extending the comment
period for 60 days, until April 6, 2010.
Members of the public also will be able
to provide additional comments to EPA
after it publishes any proposed rules.
In addition, the Agency wants to
clarify the proper Docket Identification
Number (Docket ID No.) associated with
the January 2010 ANPRM. The heading
of the ANPRM included an incorrect
Docket Identification Number.
Subsequent references to the docket,
within the text of the ANPRM, were
correct; the correct Docket ID No. (EPA–
HQ–SFUND–2009–0834) is included in
this extension notice of the comment
period.
Dated: January 29, 2010.
Matthew Hale,
Director, Office of Resource Conservation and
Recovery.
[FR Doc. 2010–2385 Filed 2–3–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 2, 3, 5, 6, 7, 8, 12, 13,
15, 16, 17, 19, 22, 23, 28, 32, 36, 42, 43,
50, and 52
[FAR Case 2008–024; Docket 2010–0079,
Sequence 1]
RIN 9000–AL51
Federal Acquisition Regulation; FAR
Case 2008–024, Inflation Adjustment of
Acquisition-Related Thresholds
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
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ACTION:
Proposed rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
implement Section 807 of the Ronald W.
Reagan National Defense Authorization
Act for Fiscal Year 2005. The Act
requires an adjustment every 5 years of
acquisition-related thresholds for
inflation using the Consumer Price
Index for all urban consumers, except
for Davis-Bacon Act, Service Contract
Act, and trade agreements thresholds.
The Councils are also proposing to use
the same methodology to change
nonstatutory FAR acquisition-related
thresholds for adjustment in 2010.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before April 5, 2010 to
be considered in the formulation of a
final rule.
ADDRESSES: Submit comments
identified by FAR case 2008–024 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2008–024’’ under
the heading ‘‘Comment or Submission.’’
Select the link ‘‘Send a Comment or
Submission’’ that corresponds with FAR
Case 2008–024. Follow the instructions
provided to complete the ‘‘Public
Comment and Submission Form.’’ Please
include your name, company name (if
any), and ‘‘FAR Case 2008–024’’ on your
attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVPR), 1800 F Street, NW., Room
4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments
only and cite FAR case 2008–024 in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Jackson, Procurement Analyst,
at (202) 208–4949 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite FAR case 2008–024.
SUPPLEMENTARY INFORMATION:
A. Background
This rule proposes to amend multiple
FAR parts to implement Section 807 of
the Ronald W. Reagan National Defense
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Authorization Act for Fiscal Year (FY)
2005 (Pub. L. 108–375). Section 807
requires an adjustment every 5 years (in
years evenly divisible by 5) of
acquisition-related thresholds for
inflation using the Consumer Price
Index for all urban consumers, except
for Davis-Bacon Act, Service Contract
Act, and trade agreements thresholds
(see FAR 1.109). The Councils are also
proposing to use the same methodology
to change nonstatutory FAR acquisitionrelated thresholds for adjustment in
2010.
This is the second review of FAR
acquisition-related thresholds. The last
review was conducted under FAR case
2004–033 during FY 2005. The final
rule was published in the Federal
Register on September 28, 2006 (71 FR
57363).
B. Analysis
1. What is an acquisition-related
threshold?
This case builds on the review of FAR
thresholds in FY 2005 and uses the
same interpretation of the statutory
definition of acquisition-related
threshold. The statute defines an
acquisition-related dollar threshold as a
dollar threshold that is specified in law
as a factor in defining the scope of the
applicability of a policy, procedure,
requirement, or restriction provided in
that law to the procurement of property
or services by an executive agency, as
determined by the FAR Council.
There are other thresholds in the FAR
that, while not meeting this statutory
definition of ‘‘acquisition-related,’’
nevertheless meet all the other criteria.
These thresholds may have their origin
in executive order or regulation.
Therefore, as used in this case, an
acquisition-related threshold is a
threshold that is specified in law,
executive order, or regulation as a factor
in defining the scope of the applicability
of a policy, procedure, requirement, or
restriction provided in that law,
executive order, or regulation to the
procurement of property or services by
an executive agency, as determined by
the FAR Council. The Councils
conclude from this definition that
acquisition-related thresholds are
generally tied to the value of a contract,
subcontract, or modification.
Examples of thresholds that are not
viewed as ‘‘acquisition-related’’ as
defined in this case are thresholds
relating to claims, penalties,
withholding, payments, required levels
of insurance, small business size
standards, liquidated damages, etc. This
report does not address thresholds that
are not acquisition-related.
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2. What acquisition-related thresholds
are not subject to escalation adjustment
under this case?
The statute does not permit escalation
of acquisition-related thresholds
established by the Davis-Bacon Act, the
Service Contract Act, or the United
States Trade Representative pursuant to
the authority of the Trade Agreements
Act of 1979.
The statute does not authorize the
FAR to escalate thresholds originating
in executive order or the implementing
agency (such as the Department of Labor
or the Small Business Administration),
unless the executive order or agency
regulations are first amended.
3. How do the Councils analyze a
statutory acquisition-related threshold?
If an acquisition-related threshold is
based on statute, the matrix at https://
www.regulations.gov (search FAR case
2008–024) identifies the statute, and the
statutory threshold, both the original
threshold and any revision to it in 2006.
With the exception of thresholds set
by the Davis-Bacon Act, Service
Contract Act, and the United States
Trade Representative pursuant to the
authority of the Trade Agreements Act
of 1979, the statute requires that the
FAR Council adjust the acquisitionrelated thresholds for inflation using the
Consumer Price Index (CPI) for allurban consumers. Acquisition-related
thresholds in statutes that were in effect
on October 1, 2000 are only subject to
escalation from that date forward. For
purposes of this proposed rule, the
matrix includes calculation of escalation
based on the CPI from October 2000 to
April 2010. Inflation from the average
CPI value for 2007 to the average value
for 2008 was 3.8 percent. The Councils
have currently estimated the inflation
for the next year at 4.2 percent, but will
subsequently adjust as necessary before
issuance of the final rule. Acquisitionrelated thresholds in statutes that took
effect after October 1, 2000 are escalated
from the date that they took effect.
Once the escalation factor is applied
to the acquisition-related threshold,
then the threshold must be rounded as
follows:
< $10,000 ..................
$10,000–< $100,000
$100,000–
< $1,000,000.
$1,000,000 or more ...
Nearest $500.
Nearest $5,000.
Nearest $50,000.
Nearest $500,000.
The calculations in this proposed rule
are all based on the base year amount,
because escalated amounts in the 2005
rule were subject to rounding and using
them as the base would distort future
calculations.
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In 2005, thresholds of $1,000,
$10,000, $100,000, and $1,000,000,
although subject to inflation calculation,
did not actually change, because the
inflation in 2005 was insufficient to
overcome the rounding requirements—
the escalation factor, when applied, did
not cause the escalated values to be high
enough to round to the next higher
value. However, in FY 2010, these
thresholds will now escalate because of
5 additional years of inflation.
Section 807(c) of the statute states that
this statute supersedes the applicability
of any other provision of law that
provides for the adjustment of any
acquisition-related threshold that is
adjustable under this statute.
The thresholds for defining a major
system were previously stated in Fiscal
Year 1990 constant dollars for DoD and
in Fiscal Year 1980 constant dollars for
civilian agencies. The 2005 rule
converted these major system thresholds
to current year dollars, as of the date
that the statute was enacted, that will
now be adjusted every 5 years and both
DoD and civilian agencies now abide by
these thresholds.
This proposed rule has been
coordinated with the Department of
Labor and the Small Business
Administration in areas of the
regulation for which they are the lead
agency. As appropriate, changes to cost
accounting standards (CAS) thresholds
will be dealt with under a separate case.
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4. How do the Councils analyze a
nonstatutory acquisition-related
threshold?
No statutory authorization is required
to escalate thresholds that were set as
policy within the FAR. Escalation of the
FAR policy acquisition-related
thresholds is recommended using the
same formula applied to the statutory
thresholds, unless a reason has been
provided for not doing so. Escalation is
calculated using the same procedures as
were explained for the statutory
thresholds, to provide consistency.
In one case where a non-acquisitionrelated threshold was intended to equal
the micro-purchase threshold, the
Councils have revised it to specifically
reference the micro-purchase threshold,
in order to provide future escalation
under follow-on cases (FAR 52.209–5).
5. What is the effect of this proposed
rule on the most heavily-used
thresholds?
This rule includes the following
proposed changes to heavily-used
thresholds:
• The micro-purchase base threshold
of $3,000 (FAR 2.101) will not be
changed.
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• The simplified acquisition
threshold (FAR 2.101) will be raised
from $100,000 to $150,000.
• The FedBizOpps preaward and
post-award notices (FAR Part 5) remain
at $25,000 because of trade agreements.
• Commercial items test program
ceiling (FAR 13.500) will be raised from
$5,500,000 to $6,500,000.
• The cost and pricing data threshold
(FAR 15.403–4) will be raised from
$650,000 to $700,000.
• The prime contractor
subcontracting plan (FAR 19.702) floor
will be raised from $550,000 to
$650,000, and the construction
threshold of $1,000,000 increases to
$1,500,000.
This proposed rule is based on a
projected CPI of 222 in April 2010. If the
actual CPI in April 2010 is higher than
222, then additional statutory
thresholds will be subject to escalation
in the final rule, even though not
included in the proposed rule. For
example, if the CPI is 224 in April 2010
(an inflation rate of about 5 percent), the
following statutory thresholds will
increase as indicated in the table,
although not included in the text of this
proposed rule:
The Councils will also consider
comments from small entities
concerning the existing regulations in
parts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties
must submit such comments separately
and should cite 5 U.S.C. 610 (FAR Case
2008–024) in correspondence.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
apply. The proposed changes to the FAR
do not impose new information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq. By adjusting the thresholds for
inflation, they maintain at the status quo
the current information collection
requirements under the following OMB
clearance numbers: 9000–0006,
Subcontracting Plans/Subcontracting
Report for Individual Contract (SF
294)—Sections Affected: Subpart 19.7,
52.219–9; 9000–0007, Summary
Subcontract Report—FAR Sections
Affected: Subpart 19.7, 53.219, SF 295;
9000–0013, Cost or Pricing Data
Exemption—FAR Sections Affected:
Subparts 15.4, 42.7, 52.214–28, 52.215–
12, 52.215–13, 52.215–20, 52.215–21;
9000–0018, Certification of Independent
FAR 2.101(b) ‘‘microPrice Determination and Parent
purchase threshCompany and Identifying Data—
old’’ ........................
$15,000
$20,000 Sections Affected: 3.103, 3.302; 9000–
FAR 2.101(b) ‘‘small
0022, Duty-Free Entry—FAR 48 CFR
business subcontractor’’ ...................
10,000
15,000 52.225–8—FAR Section Affected:
52.225–8; 9000–0026, Change Order
FAR 13.003(b), FAR
Accounting—43.205(f), 52.243–6; 9000–
13.201(g), and
FAR 19.502–1(b) ..
15,000
20,000 0027, Value Engineering
Requirements—FAR Sections Affected:
This proposed rule is a significant
Subparts 48.1 and 48.2, 52.248–1,
regulatory action and, therefore, was
52.248–2, 52.248–3; 9000–0034,
subject to review under Section 6(b) of
Examination of Records 5 CFR 1320.5(b)
Executive Order 12866, Regulatory
by Comptroller General and Contract
Planning and Review, dated September
Audit—Sections Affected: 52.215–2,
30, 1993. This rule is not a major rule
52.212–5, 52.214–26; 9000–0045, Bid,
Performance, and Payment Bonds—FAR
under 5 U.S.C. 804.
Sections Affected: Subparts 28.1 and
C. Regulatory Flexibility Act
28.2, 52.228–1, 52.228–2, 52.228–13,
The Councils do not expect this
52.228–15, 52.228–16; 9000–0058,
proposed rule to have a significant
Schedules for Construction Contracts—
economic impact on a substantial
FAR Section Affected: 52.236–15; 9000–
number of small entities within the
0060, Accident Prevention 48 CFR,
meaning of the Regulatory Flexibility
52.236–13, Plans and Recordkeeping—
Act, 5 U.S.C. 601, et seq., because the
FAR Section Affected: 52.236–13; 9000–
adjustment of acquisition-related
0065, Overtime—FAR Sections
thresholds for inflation is intended to
Affected: 22.103, 52.222–2; 9000–0066,
maintain the status quo. The Councils
Professional Employee Compensation
note that the set-aside threshold of
Plan, Subpart 22.11, 52.222–46; 9000–
$100,000 increases to $150,000, which
0073, Advance Payments—FAR
is not believed to be a detriment to
Sections Affected: Subpart 32.4 and
small business. An Initial Regulatory
52.232–12; 9000–0077, Quality
Flexibility Analysis has, therefore, not
Assurance Requirements—FAR Sections
been performed. The Councils invite
Affected: Subparts 46.1 through 46.3,
comments from small business concerns 52.246–2 through 52.246–8, 52.246–10,
and other interested parties on the
52.246–12, 52.246–15; 9000–0080,
expected impact of this rule on small
Integrity of Unit Prices—Sections
entities.
Affected: 15.408(f) and 52.215–14;
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9000–0091, Anti-Kickback Procedures—
FAR Sections Affected: 3.502, 52.203–7;
9000–0094, Debarment and Suspension,
FAR Sections Affected: 9.1, 9.4, 52.209–
5, 52.212–3(h); 9000–0101, Drug-Free
Workplace—FAR Section Affected:
52.223–6(b)(5); 9000–0115, Notification
of Ownership Changes—FAR Sections
Affected: 15.408(k), 52.215–19; 9000–
0133, Defense Production Act
Amendments—FAR Sections Affected:
34.1 and 52.234–1; 9000–0134,
Environmentally Sound Products—FAR
Sections Affected: 23.406 and 52.223–4;
9000–0135, Prospective Subcontractor
Requests for Bonds, FAR 28.106–4(b),
52.228–12; 1215–0072, OFCCP
Recordkeeping and Reporting
Requirements—Supply and Service; and
1215–0119, Requirements of a Bona
Fide Thrift or Savings Plan (29 CFR part
547) and Requirements of a Bona Fide
Profit-Sharing Plan or Trust (29 CFR
part 549).
List of Subjects in 48 CFR Parts 1, 2, 3,
5, 6, 7, 8, 12, 13, 15, 16, 17, 19, 22, 23,
28, 32, 36, 42, 43, 50, and 52
Government procurement.
Dated: January 29, 2010.
Al Matera,
Director, Acquisition Policy Division.
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
[Amended]
2. Amend section 1.109 by removing
from paragraph (d) ‘‘https://
acquisition.gov/far/facsframe.html’’ and
adding ‘‘https://www.regulations.gov
(search FAR case 2008–024)’’ in its
place.
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[Amended]
3. Amend section 2.101 in paragraph
(b) by—
a. Amending the definition ‘‘Major
system’’ by removing from paragraph (1)
‘‘$173.5 million’’ and adding ‘‘$193.5
million’’ in its place, removing ‘‘$814.5
million’’ and adding ‘‘$907.5 million’’ in
its place; and removing from paragraph
(2) ‘‘$1.8 million’’ and adding ‘‘$2
million’’ in its place;
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4. Amend section 3.502–2 by
removing from paragraph (i) ‘‘$100,000’’
and adding ‘‘$150,000’’ in its place.
3.804
[Amended]
5. Amend section 3.804 by removing
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place.
3.808
[Amended]
6. Amend section 3.808 by removing
from paragraphs (a) and (b) ‘‘$100,000’’
and adding ‘‘$150,000’’ in its place.
5.101
[Amended]
7. Amend section 5.101 by removing
from the introductory text of paragraph
(a)(2) ‘‘$10,000’’ and adding ‘‘$15,000’’ in
its place.
5.205
[Amended]
8. Amend section 5.205 by removing
from paragraph (d)(2) ‘‘$10,000’’ and
adding ‘‘$15,000’’ in its place.
[Amended]
9. Amend section 5.206 by—
a. Removing from paragraph (a)(1)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place; and
b. Removing from paragraph (a)(2)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place, and removing ‘‘$10,000’’ and
adding ‘‘$15,000’’ in its place.
5.303
[Amended]
PART 6—COMPETITION
REQUIREMENTS
6.304
[Amended]
11. Amend section 6.304 by—
a. Removing from paragraph (a)(1)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place;
b. Removing from paragraph (a)(2)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
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place, and removing ‘‘$11.5 million’’ and
adding ‘‘$13 million’’ in its place;
c. Removing from the introductory
text of paragraph (a)(3) ‘‘$11.5 million’’
and adding ‘‘$13 million’’ in its place,
removing ‘‘$57 million’’ and adding ‘‘$64
million’’ in its place, and removing
‘‘$78.5 million’’ and adding ‘‘$87
million’’ in its place; and
d. Removing from paragraph (a)(4)
‘‘$57 million’’ and adding ‘‘$64 million’’
in its place, and removing ‘‘$78.5
million’’ and adding ‘‘$87 million’’ in its
place.
PART 7—ACQUISITION PLANNING
[Amended]
10. Amend section 5.303 by removing
from the introductory text of paragraph
(a) ‘‘$3.5 million’’ and adding ‘‘$4
million’’ in its place.
PART 2—DEFINITIONS OF WORDS
AND TERMS
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3.502–2
5.206
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
2.101
PART 3—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
PART 5—PUBLICIZING CONTRACT
ACTIONS
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 1, 2, 3,
5, 6, 7, 8, 12, 13, 15, 16, 17, 19, 22, 23,
28, 32, 36, 42, 43, 50, and 52 as set forth
below:
1. The authority citation for 48 CFR
parts 1, 2, 3, 5, 6, 7, 8, 12, 13, 15, 16,
17, 19, 22, 23, 28, 32, 36, 42, 43, 50, and
52 continues to read as follows:
1.109
b. Amending the definition ‘‘Micropurchase threshold’’ by removing from
paragraph (3)(ii) ‘‘$25,000’’ and adding
‘‘$30,000’’ in its place; and
c. Amending the definition
‘‘Simplified acquisition threshold’’ by
removing from the introductory
paragraph ‘‘$100,000’’ and adding
‘‘$150,000’’ in its place; and removing
from paragraph (1) ‘‘$250,000’’ and
adding ‘‘$300,000’’ in its place.
5719
Sfmt 4702
7.104
[Amended]
12. Amend section 7.104 by—
a. Removing from paragraph
(d)(2)(i)(A) ‘‘$7.5 million’’ and adding
‘‘$8 million’’ in its place;
b. Removing from paragraph
(d)(2)(i)(B) ‘‘$5.5 million’’ and adding
‘‘$6 million’’ in its place; and
c. Removing from paragraph
(d)(2)(i)(C) ‘‘$2 million’’ and adding
‘‘$2.5 million’’ in its place.
7.107
[Amended]
13. Amend section 7.107 by—
a. Removing from paragraph (b)(1)
‘‘$86 million’’ and adding ‘‘$95.5
million’’ in its place; and
b. Removing from paragraph (b)(2)
‘‘$8.6 million’’ and adding ‘‘$9.5 million’’
in its place, and removing ‘‘$86 million’’
and adding ‘‘$95.5 million’’ in its place.
PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
8.405–6
[Amended]
14. Amend section 8.405–6 by—
a. Removing from paragraph (h)(1)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place;
b. Removing from paragraph (h)(2)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place, and removing ‘‘$11.5 million’’ and
adding ‘‘$13 million’’ in its place;
c. Removing from the introductory
text of paragraph (h)(3) ‘‘$11.5 million’’
and adding ‘‘$13.5 million’’ in its place,
removing ‘‘$57 million’’ and adding ‘‘$64
million’’ in its place, and removing
‘‘$78.5 million’’ and adding ‘‘$87
million’’ in its place; and
d. Removing from paragraph (h)(4)
‘‘$57 million’’ and adding ‘‘$64 million’’
in its place, and removing ‘‘$78.5
million’’ and adding ‘‘$87 million’’ in its
place.
PART 12—ACQUISITION OF
COMMERCIAL ITEMS
12.102
[Amended]
15. Amend section 12.102 by
removing from the introductory text of
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paragraph (f)(2) ‘‘$16 million’’ and
adding ‘‘$18 million’’ in its place; and
removing from paragraph (g)(1)(ii) ‘‘$27
million’’ and adding ‘‘$30 million’’ in its
place.
12.203
[Amended]
16. Amend section 12.203 by
removing ‘‘$5.5 million’’ and adding
‘‘$6.5 million’’ in its place, and removing
‘‘$11 million’’ and adding ‘‘$12 million’’
in its place.
PART 13—SIMPLIFIED ACQUISITION
PROCEDURES
13.000
[Amended]
17. Amend section 13.000 by
removing ‘‘$5.5 million’’ and adding
‘‘$6.5 million’’ in its place, and removing
‘‘$11 million’’ and adding ‘‘$12 million’’
in its place.
13.003
[Amended]
18. Amend section 13.003 by—
a. Removing from paragraph (b)(1)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place, and removing ‘‘$250,000’’ and
adding ‘‘$300,000’’ in its place;
b. Removing from paragraph (c)(1)(ii)
‘‘$5.5 million’’ and adding ‘‘$6.5 million’’
in its place, and removing ‘‘$11 million’’
and adding ‘‘$12 million’’ in its place;
and
c. Removing from paragraph (g)(2)
‘‘$5.5 million’’ and adding ‘‘$6.5
million’’, and removing ‘‘$11 million’’
and adding ‘‘$12 million’’ in its place.
13.005
[Amended]
19. Amend section 13.005 by
removing from paragraph (a)(5)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place.
13.201
[Amended]
20. Amend section 13.201 by
removing from paragraph (g)(1)(ii)
‘‘$25,000’’ and adding ‘‘$30,000’’ in its
place.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
13.303–5
b. Removing from the introductory
text of paragraph (e) ‘‘$11 million’’ and
adding ‘‘$12 million’’ in its place.
13.501
[Amended]
23. Amend section 13.501 by—
a. Removing from paragraph (a)(2)(i)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place, and removing ‘‘$550,000’’ and
adding ‘‘$650,000’’ in its place;
b. Removing from paragraph (a)(2)(ii)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place, and removing ‘‘$11.5 million’’ and
adding ‘‘$13 million’’ in its place;
c. Removing from paragraph (a)(2)(iii)
‘‘$11.5 million’’ and adding ‘‘$13
million’’ in its place, removing ‘‘$57
million’’ and adding ‘‘$64 million’’ in its
place, and removing ‘‘$78.5 million’’ and
adding ‘‘$87 million’’ in its place; and
d. Removing from paragraph (a)(2)(iv)
‘‘$57 million’’ and adding ‘‘$64 million’’
in its place, and removing ‘‘$78.5
million’’ and adding ‘‘$87 million’’ in its
place.
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31. Amend section 16.206–3 by
removing from paragraph (a) ‘‘$100,000’’
and adding ‘‘$150,000’’ in its place.
16.207–3
[Amended]
32. Amend section 16.207–3 by
removing from paragraph (d) ‘‘$100,000’’
and adding ‘‘$150,000’’ in its place.
16.503
[Amended]
33. Amend section 16.503 by
removing from paragraph (b)(2) ‘‘$100
million’’ and adding ‘‘$105 million’’ in
its place; and removing from paragraph
(d)(1) ‘‘$11.5 million’’ and adding ‘‘$13
million’’ in its place.
[Amended]
16.505
[Amended]
25. Amend section 15.403–1 by
removing from paragraph (c)(3)(iv) ‘‘$16
million’’ and adding ‘‘$18 million’’ in its
place.
15.403–4
[Amended]
26. Amend section 15.403–4 by
removing from the introductory texts of
paragraphs (a)(1) and (a)(1)(iii)
‘‘$650,000’’ and adding ‘‘$700,000’’ in its
place.
[Amended]
27. Amend section 15.404–3 by
removing from paragraph (c)(1)(i) ‘‘$11.5
million’’ and adding ‘‘$13 million’’ in its
place.
15.408
16:45 Feb 03, 2010
[Amended]
15.403–1
[Amended]
13.500
VerDate Nov<24>2008
16.206–3
24. Amend section 15.304 by
removing from paragraph (c)(4)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place, and by removing ‘‘$1,000,000’’
and adding ‘‘$1.5 million’’ in its place.
15.304
28. Amend section 15.407–2 by
removing from paragraph (c)(1) and the
introductory text of paragraph (c)(2)
‘‘$11.5 million’’ and adding ‘‘$13
million’’ in its place.
22. Amend section 13.500 by—
a. Removing from paragraph (a) ‘‘$5.5
million’’ and adding ‘‘$6.5 million’’ in its
place, and removing ‘‘$11 million’’ and
adding ‘‘$12 million’’ in its place; and
[Amended]
30. Amend section 16.206–2 by
removing from the introductory
paragraph ‘‘$100,000’’ and adding
‘‘$150,000’’ in its place.
34. Amend section 16.504 by
removing from the introductory texts of
paragraphs (c)(1)(ii)(D)(1) and
(c)(1)(ii)(D)(3) ‘‘$100 million’’ and
adding ‘‘$105 million’’ in its place; and
removing from the introductory text of
paragraph (c)(2)(i) ‘‘$11.5 million’’ and
adding ‘‘$13 million’’ in its place.
21. Amend section 13.303–5 by—
a. Removing from paragraph (b)(1)
‘‘$5.5 million’’ and adding ‘‘$6.5 million’’
in its place, and removing ‘‘$11 million’’
and adding ‘‘$12 million’’ in its place;
and
b. Removing from paragraph (b)(2)
‘‘$5.5 million’’ and adding ‘‘$6.5 million’’
in its place, and removing ‘‘$11 million’’
and adding ‘‘$12 million’’ in its place.
[Amended]
16.206–2
16.504
PART 15—CONTRACTING BY
NEGOTIATION
15.404–3
[Amended]
PART 16—TYPES OF CONTRACTS
15.407–2
[Amended]
[Amended]
29. Amend section 15.408 in Table
15–2, ‘‘II. Cost Elements’’ which follows
paragraph (n)(2)(iii), by removing from
paragraph ‘‘A(2)’’ ‘‘$11.5 million’’ and
adding ‘‘$13 million’’.
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Sfmt 4702
[Amended]
35. Amend section 16.505 by—
a. Removing from the introductory
text of paragraph (b)(1)(ii) ‘‘$5 million’’
and adding ‘‘$5.5 million’’ in its place;
b. Removing from the heading of
paragraph (b)(1)(iii) ‘‘$5 million’’ and
adding ‘‘$5.5 million’’ in its place, and
removing ‘‘$5 million’’ and adding ‘‘$5.5
million’’ in its place; and
c. Removing from the heading of
paragraph (b)(4) ‘‘$5 million’’ and adding
‘‘$5.5 million’’ in its place, and removing
‘‘$5 million’’ and adding ‘‘$5.5 million’’
in its place.
16.506
[Amended]
36. Amend section 16.506 by
removing from paragraphs (f) and (g)
‘‘$11.5 million’’ and adding ‘‘$13
million’’ in its place.
PART 17—SPECIAL CONTRACTING
METHODS
17.108
[Amended]
37. Amend section 17.108 by
removing from paragraph (a) ‘‘$11.5
million’’ and adding ‘‘$13 million’’ in its
place; and removing from paragraph (b)
‘‘$114.5 million’’ and adding ‘‘$127.5
million’’ in its place.
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place; and removing from paragraph
(a)(2)(ii) ‘‘$3 million’’ and adding ‘‘$3.5
million’’ in its place.
PART 19—SMALL BUSINESS
PROGRAMS
19.502–2
[Amended]
38. Amend section 19.502–2 by—
a. Removing from paragraph (a)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place each time it appears (twice), and
removing ‘‘$250,000’’ and adding
‘‘$300,000’’ in its place; and
b. Removing from paragraph (b)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place.
19.508
[Amended]
39. Amend section 19.508 by
removing from paragraph (e) ‘‘$100,000’’
and adding ‘‘$150,000’’ in its place.
19.702
[Amended]
40. Amend section 19.702 by—
a. Removing from paragraph (a)(1)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place, and removing ‘‘$1,000,000’’ and
adding ‘‘$1.5 million’’ in its place; and
b. Removing from paragraph (a)(2)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place, and removing ‘‘$1,000,000’’ and
adding ‘‘$1.5 million’’ in its place.
19.704
[Amended]
42. Amend section 19.708 by
removing from paragraph (b)(1)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place, and removing ‘‘$1,000,000’’ and
adding ‘‘$1.5 million’’ in its place.
19.805–1
[Amended]
43. Amend section 19.805–1 by
removing from paragraph (a)(2) ‘‘$5.5
million’’ and adding ‘‘$6.5 million’’ in its
place, and removing ‘‘$3.5 million’’ and
adding ‘‘$4 million’’ in its place.
19.1202–2
[Amended]
44. Amend section 19.1202–2 by
removing from paragraph (a) ‘‘$550,000’’
and adding ‘‘$650,000’’ in its place, and
removing ‘‘$1,000,000’’ and adding ‘‘$1.5
million’’ in its place.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
19.1306
[Amended]
46. Amend section 19.1406 by
removing from paragraph (a)(2)(i) ‘‘$5.5
million’’ and adding ‘‘$6 million’’ in its
VerDate Nov<24>2008
16:45 Feb 03, 2010
[Amended]
22.602
[Amended]
48. Amend section 22.602 by
removing ‘‘$10,000’’ and adding
‘‘$15,000’’ in its place.
22.603
49. Amend section 22.603 by
removing from paragraph (b) ‘‘$10,000’’
and adding ‘‘$15,000’’ in its place.
22.605
[Amended]
50. Amend section 22.605 by
removing from paragraphs (a)(1), (a)(2),
(a)(3), and (a)(5) ‘‘$10,000’’ and adding
‘‘$15,000’’ in its place each time it
appears (six times).
[Amended]
51. Amend section 22.1103 by
removing ‘‘$550,000’’ and adding
‘‘$650,000’’ in its place.
22.1402
[Amended]
52. Amend section 22.1402 by
removing from paragraph (a) ‘‘$10,000’’
and adding ‘‘$15,000’’ in its place.
22.1408
[Amended]
53. Amend section 22.1408 by
removing from the introductory text of
paragraph (a) ‘‘$10,000’’ and adding
‘‘$15,000’’ in its place.
PART 23—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
23.406
54. Amend section 23.406 by
removing from paragraph (d) ‘‘$100,000’’
and adding ‘‘$150,000’’ in its place.
Jkt 220001
[Amended]
55. Amend section 28.102–1 by
removing from paragraphs (a) and (b)(1)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place.
28.102–2
[Amended]
56. Amend section 28.102–2 by
removing from the headings of
paragraphs (b) and (c) ‘‘$100,000’’ and
adding ‘‘$150,000’’ in its place.
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[Amended]
58. Amend section 32.404 by
removing from paragraph (a)(7)(i)
‘‘$10,000’’ and adding ‘‘$15,000’’ in its
place.
PART 36—CONSTRUCTION AND
ARCHITECT—ENGINEER CONTRACTS
[Amended]
59. Amend section 36.501 by
removing from paragraph (b)
‘‘$1,000,000’’ and adding ‘‘$1.5 million’’
in its place each time it appears (twice).
PART 42—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
42.709
[Amended]
60. Amend section 42.709 by
removing from paragraph (b) ‘‘$650,000’’
and adding ‘‘$700,000’’ in its place.
42.709–6
Sfmt 4702
[Amended]
61. Amend section 42.709–6 by
removing ‘‘$650,000’’ and adding
‘‘$700,000’’ in its place.
42.1502
[Amended]
62. Amend section 42.1502 by
removing from paragraph (e) ‘‘$550,000’’
and adding ‘‘$650,000’’ in its place each
time it appears (twice).
PART 50—EXTRAORDINARY
CONTRACTUAL ACTIONS AND THE
SAFETY ACT
50.102–1
[Amended]
63. Amend section 50.102–1 by
removing from paragraph (b) ‘‘$55,000’’
and adding ‘‘$65,000’’ in its place.
50.102–3
[Amended]
28.102–1
PART 32—CONTRACT FINANCING
36.501
[Amended]
[Amended]
57. Amend section 28.102–3 by
removing from paragraphs (a) and (b)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place.
32.404
47. Amend section 22.305 by
removing from paragraph (a) ‘‘$100,000’’
and adding ‘‘$150,000’’ in its place.
PART 28—BONDS AND INSURANCE
[Amended]
45. Amend section 19.1306 by
removing from paragraph (a)(2)(i) ‘‘$5.5
million’’ and adding ‘‘$6.5 million’’ in its
place; and removing from paragraph
(a)(2)(ii) ‘‘$3.5 million’’ and adding ‘‘$4
million’’ in its place.
19.1406
22.305
22.1103
[Amended]
41. Amend section 19.704 by
removing from paragraph (a)(9)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place, and removing ‘‘$1,000,000’’ and
adding ‘‘$1.5 million’’ in its place.
19.708
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
28.102–3
5721
[Amended]
64. Amend section 50.102–3 by
removing from paragraph (b)(4) ‘‘$28.5
million’’ and adding ‘‘$32 million’’ in its
place; and removing from paragraphs
(e)(1)(i) and (e)(1)(ii) ‘‘$55,000’’ and
adding ‘‘$65,000’’ in its place.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
52.203–7
[Amended]
65. Amend section 52.203–7 by
removing from the clause heading ‘‘(Jul
1995)’’ and adding ‘‘(Date)’’ in its place;
and removing from paragraph (c)(5)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place.
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04FEP1
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52.203–12
Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules
[Amended]
66. Amend section 52.203–12 by
removing from the clause heading ‘‘(Sep
2007)’’ and adding ‘‘(Date)’’ in its place;
and removing from paragraphs (g)(1)
and (g)(3) ‘‘$100,000’’ and adding
‘‘$150,000’’ in its place.
52.204–8
[Amended]
67. Amend section 52.204–8 by
removing from the provision heading
‘‘(Feb 2009)’’ and adding ‘‘(Date)’’ in its
place; and removing from paragraph
(c)(1)(ii) ‘‘$100,000’’ and adding
‘‘$150,000’’ in its place.
52.212–3
[Amended]
68. Amend section 52.212–3 by
removing from the provision heading
‘‘(Aug 2009)’’ and adding ‘‘(Date)’’ in its
place; and removing from paragraph (e)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place.
52.212–5
[Amended]
69. Amend section 52.212–5 by—
a. Removing from the clause heading
‘‘(Dec 2009)’’ and adding ‘‘(Date)’’ in its
place;
b. Removing from paragraph (b)(11)(i)
‘‘(Apr 2008)’’ and adding ‘‘(Date)’’ in its
place;
c. Removing from paragraph (b)(24)
‘‘(Jun 1998)’’ and adding ‘‘(Date)’’ in its
place;
d. Removing from paragraph (e)(1)(ii)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place, and removing ‘‘$1,000,000’’ and
adding ‘‘$1.5 million’’ in its place;
e. Removing from paragraph (e)(1)(vi)
‘‘(Jun 1998)’’ and adding ‘‘(Date)’’ in its
place; and
f. In Alternate II by—
1. Removing from the Alternate
heading ‘‘(Dec 2009)’’ and adding
‘‘(Date)’’ in its place;
2. Removing from paragraph
(e)(1)(ii)(C) ‘‘$550,000’’ and adding
‘‘$650,000’’ in its place, and removing
‘‘$1,000,000’’ and adding ‘‘$1.5 million’’
in its place; and
3. Removing from paragraph
(e)(1)(ii)(F) ‘‘(June 1998)’’ and adding
‘‘(Date)’’ in its place.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
52.213–4
[Amended]
70. Amend section 52.213–4 by—
a. Removing from the clause heading
‘‘(Dec 2009)’’ and adding ‘‘(Date)’’ in its
place;
b. Removing from paragraph (a)(2)(vi)
‘‘(Dec 2009)’’ and adding ‘‘(Date)’’ in its
place;
c. Removing from paragraph (b)(1)(ii)
‘‘(Dec 1996)’’ and adding ‘‘(Date)’’ in its
place, and removing ‘‘$10,000’’ and
adding ‘‘$15,000’’ in its place; and
d. Removing from paragraph (b)(1)(iv)
‘‘(June 1998)’’ and adding ‘‘(Date)’’ in its
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16:45 Feb 03, 2010
Jkt 220001
place, and removing ‘‘$10,000’’ and
adding ‘‘$15,000’’ in its place.
52.219–9
[Amended]
71. Amend section 52.219–9 by—
a. Removing from the clause heading
‘‘(Apr 2008)’’ and adding ‘‘(Date)’’ in its
place;
b. Removing from paragraph (d)(9)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place, and removing ‘‘$1,000,000’’ and
adding ‘‘$1.5 million’’ in its place;
c. Removing from the introductory
text of paragraph (d)(11)(iii) ‘‘$100,000’’
and adding ‘‘$150,000’’ in its place; and
d. Removing from paragraph
(l)(2)(i)(C) ‘‘$550,000’’ and adding
‘‘$650,000’’ in its place, and removing
‘‘$1,000,000’’ and adding ‘‘$1.5 million’’
in its place.
52.222–20
2000)’’ and adding ‘‘(Date)’’ in its place;
and removing from paragraph (l)
‘‘$100,000’’ and adding ‘‘$150,000’’ in its
place.
52.248–3
[Amended]
78. Amend section 52.248–3 by
removing from the clause heading ‘‘(Sep
2006)’’ and adding ‘‘(Date)’’ in its place;
and removing from paragraph (h)
‘‘$55,000’’ and adding ‘‘$65,000’’ in its
place.
[FR Doc. 2010–2318 Filed 2–3–10; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 40
[Amended]
72. Amend section 52.222–20 by
removing from the clause heading ‘‘(Dec
1996)’’ and adding ‘‘(Date)’’ in its place;
and removing from the introductory
paragraph ‘‘$10,000’’ and adding
‘‘$15,000’’ in its place.
[Docket OST–2010–0026]
52.222–36
AGENCY:
[Amended]
73. Amend section 52.222–36 by
removing from the clause heading ‘‘(Jun
1998)’’ and adding ‘‘(Date)’’ in its place;
and removing from paragraph (d)
‘‘$10,000’’ and adding ‘‘$15,000’’ in its
place.
52.225–8
[Amended]
74. Amend section 52.225–8 by
removing from the clause heading ‘‘(Feb
2000)’’ and adding ‘‘(Date)’’ in its place;
and removing from the introductory
texts of paragraphs (c)(1) and (j)(2)
‘‘$10,000’’ and adding ‘‘$15,000’’ in its
place.
52.228–15
[Amended]
75. Amend section 52.228–15 by
removing from the clause heading ‘‘(Nov
2006)’’ and adding ‘‘(Date)’’ in its place;
and removing from the introductory text
of paragraph (b) ‘‘$100,000’’ and adding
‘‘$150,000’’ in its place.
52.244–6
[Amended]
76. Amend section 52.244–6 by—
a. Removing from the clause heading
‘‘(Dec 2009)’’ and adding ‘‘(Date)’’ in its
place;
b. Removing from paragraph (c)(1)(iii)
‘‘$550,000’’ and adding ‘‘$650,000’’ in its
place, and removing ‘‘$1,000,000’’ and
adding ‘‘$1.5 million’’ in its place; and
c. Removing from paragraph (c)(1)(vi)
‘‘(Jun 1998)’’ and adding ‘‘(Date)’’ in its
place.
52.248–1
[Amended]
77. Amend section 52.248–1 by
removing from the clause heading ‘‘(Feb
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RIN 2105–AD95
Procedures for Transportation
Workplace Drug and Alcohol Testing
Programs
ACTION:
Office of the Secretary, DOT.
Notice of proposed rulemaking.
SUMMARY: The Department of
Transportation is proposing to amend
certain provisions of its drug testing
procedures dealing with laboratory
testing of urine specimens. Some of the
proposed changes will also affect the
roles and standards applying to
collectors and Medical Review Officers.
The proposed changes are intended to
create consistency with new
requirements established by the U.S.
Department of Health and Human
Services Mandatory Guidelines.
DATES: Comments to the notice of
proposed rulemaking should be
submitted by April 5, 2010. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: To ensure that you do not
duplicate your docket submissions,
please submit them by only one of the
following means:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave., SE., West Building
Ground Floor Room W12–140,
Washington, DC 20590–0001;
• Hand Delivery: West Building
Ground Floor, Room W–12–140 1200
New Jersey Ave., SE., between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329;
E:\FR\FM\04FEP1.SGM
04FEP1
]]>Agencies
[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Proposed Rules]
[Pages 5716-5722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2318]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 3, 5, 6, 7, 8, 12, 13, 15, 16, 17, 19, 22, 23,
28, 32, 36, 42, 43, 50, and 52
[FAR Case 2008-024; Docket 2010-0079, Sequence 1]
RIN 9000-AL51
Federal Acquisition Regulation; FAR Case 2008-024, Inflation
Adjustment of Acquisition-Related Thresholds
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
[[Page 5717]]
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to implement Section 807 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005. The Act requires an adjustment every 5 years of acquisition-
related thresholds for inflation using the Consumer Price Index for all
urban consumers, except for Davis-Bacon Act, Service Contract Act, and
trade agreements thresholds. The Councils are also proposing to use the
same methodology to change nonstatutory FAR acquisition-related
thresholds for adjustment in 2010.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before April 5, 2010 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2008-024 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2008-024'' under the heading ``Comment or Submission.'' Select the link
``Send a Comment or Submission'' that corresponds with FAR Case 2008-
024. Follow the instructions provided to complete the ``Public Comment
and Submission Form.'' Please include your name, company name (if any),
and ``FAR Case 2008-024'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2008-
024 in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Jackson, Procurement
Analyst, at (202) 208-4949 for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAR case 2008-
024.
SUPPLEMENTARY INFORMATION:
A. Background
This rule proposes to amend multiple FAR parts to implement Section
807 of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year (FY) 2005 (Pub. L. 108-375). Section 807 requires an
adjustment every 5 years (in years evenly divisible by 5) of
acquisition-related thresholds for inflation using the Consumer Price
Index for all urban consumers, except for Davis-Bacon Act, Service
Contract Act, and trade agreements thresholds (see FAR 1.109). The
Councils are also proposing to use the same methodology to change
nonstatutory FAR acquisition-related thresholds for adjustment in 2010.
This is the second review of FAR acquisition-related thresholds.
The last review was conducted under FAR case 2004-033 during FY 2005.
The final rule was published in the Federal Register on September 28,
2006 (71 FR 57363).
B. Analysis
1. What is an acquisition-related threshold?
This case builds on the review of FAR thresholds in FY 2005 and
uses the same interpretation of the statutory definition of
acquisition-related threshold. The statute defines an acquisition-
related dollar threshold as a dollar threshold that is specified in law
as a factor in defining the scope of the applicability of a policy,
procedure, requirement, or restriction provided in that law to the
procurement of property or services by an executive agency, as
determined by the FAR Council.
There are other thresholds in the FAR that, while not meeting this
statutory definition of ``acquisition-related,'' nevertheless meet all
the other criteria. These thresholds may have their origin in executive
order or regulation.
Therefore, as used in this case, an acquisition-related threshold
is a threshold that is specified in law, executive order, or regulation
as a factor in defining the scope of the applicability of a policy,
procedure, requirement, or restriction provided in that law, executive
order, or regulation to the procurement of property or services by an
executive agency, as determined by the FAR Council. The Councils
conclude from this definition that acquisition-related thresholds are
generally tied to the value of a contract, subcontract, or
modification.
Examples of thresholds that are not viewed as ``acquisition-
related'' as defined in this case are thresholds relating to claims,
penalties, withholding, payments, required levels of insurance, small
business size standards, liquidated damages, etc. This report does not
address thresholds that are not acquisition-related.
2. What acquisition-related thresholds are not subject to escalation
adjustment under this case?
The statute does not permit escalation of acquisition-related
thresholds established by the Davis-Bacon Act, the Service Contract
Act, or the United States Trade Representative pursuant to the
authority of the Trade Agreements Act of 1979.
The statute does not authorize the FAR to escalate thresholds
originating in executive order or the implementing agency (such as the
Department of Labor or the Small Business Administration), unless the
executive order or agency regulations are first amended.
3. How do the Councils analyze a statutory acquisition-related
threshold?
If an acquisition-related threshold is based on statute, the matrix
at https://www.regulations.gov (search FAR case 2008-024) identifies the
statute, and the statutory threshold, both the original threshold and
any revision to it in 2006.
With the exception of thresholds set by the Davis-Bacon Act,
Service Contract Act, and the United States Trade Representative
pursuant to the authority of the Trade Agreements Act of 1979, the
statute requires that the FAR Council adjust the acquisition-related
thresholds for inflation using the Consumer Price Index (CPI) for all-
urban consumers. Acquisition-related thresholds in statutes that were
in effect on October 1, 2000 are only subject to escalation from that
date forward. For purposes of this proposed rule, the matrix includes
calculation of escalation based on the CPI from October 2000 to April
2010. Inflation from the average CPI value for 2007 to the average
value for 2008 was 3.8 percent. The Councils have currently estimated
the inflation for the next year at 4.2 percent, but will subsequently
adjust as necessary before issuance of the final rule. Acquisition-
related thresholds in statutes that took effect after October 1, 2000
are escalated from the date that they took effect.
Once the escalation factor is applied to the acquisition-related
threshold, then the threshold must be rounded as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
< $10,000................................. Nearest $500.
$10,000-< $100,000........................ Nearest $5,000.
$100,000- < $1,000,000.................... Nearest $50,000.
$1,000,000 or more........................ Nearest $500,000.
------------------------------------------------------------------------
The calculations in this proposed rule are all based on the base
year amount, because escalated amounts in the 2005 rule were subject to
rounding and using them as the base would distort future calculations.
[[Page 5718]]
In 2005, thresholds of $1,000, $10,000, $100,000, and $1,000,000,
although subject to inflation calculation, did not actually change,
because the inflation in 2005 was insufficient to overcome the rounding
requirements--the escalation factor, when applied, did not cause the
escalated values to be high enough to round to the next higher value.
However, in FY 2010, these thresholds will now escalate because of 5
additional years of inflation.
Section 807(c) of the statute states that this statute supersedes
the applicability of any other provision of law that provides for the
adjustment of any acquisition-related threshold that is adjustable
under this statute.
The thresholds for defining a major system were previously stated
in Fiscal Year 1990 constant dollars for DoD and in Fiscal Year 1980
constant dollars for civilian agencies. The 2005 rule converted these
major system thresholds to current year dollars, as of the date that
the statute was enacted, that will now be adjusted every 5 years and
both DoD and civilian agencies now abide by these thresholds.
This proposed rule has been coordinated with the Department of
Labor and the Small Business Administration in areas of the regulation
for which they are the lead agency. As appropriate, changes to cost
accounting standards (CAS) thresholds will be dealt with under a
separate case.
4. How do the Councils analyze a nonstatutory acquisition-related
threshold?
No statutory authorization is required to escalate thresholds that
were set as policy within the FAR. Escalation of the FAR policy
acquisition-related thresholds is recommended using the same formula
applied to the statutory thresholds, unless a reason has been provided
for not doing so. Escalation is calculated using the same procedures as
were explained for the statutory thresholds, to provide consistency.
In one case where a non-acquisition-related threshold was intended
to equal the micro-purchase threshold, the Councils have revised it to
specifically reference the micro-purchase threshold, in order to
provide future escalation under follow-on cases (FAR 52.209-5).
5. What is the effect of this proposed rule on the most heavily-used
thresholds?
This rule includes the following proposed changes to heavily-used
thresholds:
The micro-purchase base threshold of $3,000 (FAR 2.101)
will not be changed.
The simplified acquisition threshold (FAR 2.101) will be
raised from $100,000 to $150,000.
The FedBizOpps preaward and post-award notices (FAR Part
5) remain at $25,000 because of trade agreements.
Commercial items test program ceiling (FAR 13.500) will be
raised from $5,500,000 to $6,500,000.
The cost and pricing data threshold (FAR 15.403-4) will be
raised from $650,000 to $700,000.
The prime contractor subcontracting plan (FAR 19.702)
floor will be raised from $550,000 to $650,000, and the construction
threshold of $1,000,000 increases to $1,500,000.
This proposed rule is based on a projected CPI of 222 in April
2010. If the actual CPI in April 2010 is higher than 222, then
additional statutory thresholds will be subject to escalation in the
final rule, even though not included in the proposed rule. For example,
if the CPI is 224 in April 2010 (an inflation rate of about 5 percent),
the following statutory thresholds will increase as indicated in the
table, although not included in the text of this proposed rule:
------------------------------------------------------------------------
------------------------------------------------------------------------
FAR 2.101(b) ``micropurchase threshold''.......... $15,000 $20,000
FAR 2.101(b) ``small business subcontractor''..... 10,000 15,000
FAR 13.003(b), FAR 13.201(g), and FAR 19.502-1(b). 15,000 20,000
------------------------------------------------------------------------
This proposed rule is a significant regulatory action and,
therefore, was subject to review under Section 6(b) of Executive Order
12866, Regulatory Planning and Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C. 804.
C. Regulatory Flexibility Act
The Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the adjustment of acquisition-related thresholds for inflation
is intended to maintain the status quo. The Councils note that the set-
aside threshold of $100,000 increases to $150,000, which is not
believed to be a detriment to small business. An Initial Regulatory
Flexibility Analysis has, therefore, not been performed. The Councils
invite comments from small business concerns and other interested
parties on the expected impact of this rule on small entities.
The Councils will also consider comments from small entities
concerning the existing regulations in parts affected by this rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2008-024) in
correspondence.
D. Paperwork Reduction Act
The Paperwork Reduction Act does apply. The proposed changes to the
FAR do not impose new information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq. By adjusting the thresholds for inflation, they maintain
at the status quo the current information collection requirements under
the following OMB clearance numbers: 9000-0006, Subcontracting Plans/
Subcontracting Report for Individual Contract (SF 294)--Sections
Affected: Subpart 19.7, 52.219-9; 9000-0007, Summary Subcontract
Report--FAR Sections Affected: Subpart 19.7, 53.219, SF 295; 9000-0013,
Cost or Pricing Data Exemption--FAR Sections Affected: Subparts 15.4,
42.7, 52.214-28, 52.215-12, 52.215-13, 52.215-20, 52.215-21; 9000-0018,
Certification of Independent Price Determination and Parent Company and
Identifying Data--Sections Affected: 3.103, 3.302; 9000-0022, Duty-Free
Entry--FAR 48 CFR 52.225-8--FAR Section Affected: 52.225-8; 9000-0026,
Change Order Accounting--43.205(f), 52.243-6; 9000-0027, Value
Engineering Requirements--FAR Sections Affected: Subparts 48.1 and
48.2, 52.248-1, 52.248-2, 52.248-3; 9000-0034, Examination of Records 5
CFR 1320.5(b) by Comptroller General and Contract Audit--Sections
Affected: 52.215-2, 52.212-5, 52.214-26; 9000-0045, Bid, Performance,
and Payment Bonds--FAR Sections Affected: Subparts 28.1 and 28.2,
52.228-1, 52.228-2, 52.228-13, 52.228-15, 52.228-16; 9000-0058,
Schedules for Construction Contracts--FAR Section Affected: 52.236-15;
9000-0060, Accident Prevention 48 CFR, 52.236-13, Plans and
Recordkeeping--FAR Section Affected: 52.236-13; 9000-0065, Overtime--
FAR Sections Affected: 22.103, 52.222-2; 9000-0066, Professional
Employee Compensation Plan, Subpart 22.11, 52.222-46; 9000-0073,
Advance Payments--FAR Sections Affected: Subpart 32.4 and 52.232-12;
9000-0077, Quality Assurance Requirements--FAR Sections Affected:
Subparts 46.1 through 46.3, 52.246-2 through 52.246-8, 52.246-10,
52.246-12, 52.246-15; 9000-0080, Integrity of Unit Prices--Sections
Affected: 15.408(f) and 52.215-14;
[[Page 5719]]
9000-0091, Anti-Kickback Procedures--FAR Sections Affected: 3.502,
52.203-7; 9000-0094, Debarment and Suspension, FAR Sections Affected:
9.1, 9.4, 52.209-5, 52.212-3(h); 9000-0101, Drug-Free Workplace--FAR
Section Affected: 52.223-6(b)(5); 9000-0115, Notification of Ownership
Changes--FAR Sections Affected: 15.408(k), 52.215-19; 9000-0133,
Defense Production Act Amendments--FAR Sections Affected: 34.1 and
52.234-1; 9000-0134, Environmentally Sound Products--FAR Sections
Affected: 23.406 and 52.223-4; 9000-0135, Prospective Subcontractor
Requests for Bonds, FAR 28.106-4(b), 52.228-12; 1215-0072, OFCCP
Recordkeeping and Reporting Requirements--Supply and Service; and 1215-
0119, Requirements of a Bona Fide Thrift or Savings Plan (29 CFR part
547) and Requirements of a Bona Fide Profit-Sharing Plan or Trust (29
CFR part 549).
List of Subjects in 48 CFR Parts 1, 2, 3, 5, 6, 7, 8, 12, 13, 15,
16, 17, 19, 22, 23, 28, 32, 36, 42, 43, 50, and 52
Government procurement.
Dated: January 29, 2010.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 2,
3, 5, 6, 7, 8, 12, 13, 15, 16, 17, 19, 22, 23, 28, 32, 36, 42, 43, 50,
and 52 as set forth below:
1. The authority citation for 48 CFR parts 1, 2, 3, 5, 6, 7, 8, 12,
13, 15, 16, 17, 19, 22, 23, 28, 32, 36, 42, 43, 50, and 52 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.109 [Amended]
2. Amend section 1.109 by removing from paragraph (d) ``https://acquisition.gov/far/facsframe.html'' and adding ``https://www.regulations.gov (search FAR case 2008-024)'' in its place.
PART 2--DEFINITIONS OF WORDS AND TERMS
2.101 [Amended]
3. Amend section 2.101 in paragraph (b) by--
a. Amending the definition ``Major system'' by removing from
paragraph (1) ``$173.5 million'' and adding ``$193.5 million'' in its
place, removing ``$814.5 million'' and adding ``$907.5 million'' in its
place; and removing from paragraph (2) ``$1.8 million'' and adding ``$2
million'' in its place;
b. Amending the definition ``Micro-purchase threshold'' by removing
from paragraph (3)(ii) ``$25,000'' and adding ``$30,000'' in its place;
and
c. Amending the definition ``Simplified acquisition threshold'' by
removing from the introductory paragraph ``$100,000'' and adding
``$150,000'' in its place; and removing from paragraph (1) ``$250,000''
and adding ``$300,000'' in its place.
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
3.502-2 [Amended]
4. Amend section 3.502-2 by removing from paragraph (i)
``$100,000'' and adding ``$150,000'' in its place.
3.804 [Amended]
5. Amend section 3.804 by removing ``$100,000'' and adding
``$150,000'' in its place.
3.808 [Amended]
6. Amend section 3.808 by removing from paragraphs (a) and (b)
``$100,000'' and adding ``$150,000'' in its place.
PART 5--PUBLICIZING CONTRACT ACTIONS
5.101 [Amended]
7. Amend section 5.101 by removing from the introductory text of
paragraph (a)(2) ``$10,000'' and adding ``$15,000'' in its place.
5.205 [Amended]
8. Amend section 5.205 by removing from paragraph (d)(2)
``$10,000'' and adding ``$15,000'' in its place.
5.206 [Amended]
9. Amend section 5.206 by--
a. Removing from paragraph (a)(1) ``$100,000'' and adding
``$150,000'' in its place; and
b. Removing from paragraph (a)(2) ``$100,000'' and adding
``$150,000'' in its place, and removing ``$10,000'' and adding
``$15,000'' in its place.
5.303 [Amended]
10. Amend section 5.303 by removing from the introductory text of
paragraph (a) ``$3.5 million'' and adding ``$4 million'' in its place.
PART 6--COMPETITION REQUIREMENTS
6.304 [Amended]
11. Amend section 6.304 by--
a. Removing from paragraph (a)(1) ``$550,000'' and adding
``$650,000'' in its place;
b. Removing from paragraph (a)(2) ``$550,000'' and adding
``$650,000'' in its place, and removing ``$11.5 million'' and adding
``$13 million'' in its place;
c. Removing from the introductory text of paragraph (a)(3) ``$11.5
million'' and adding ``$13 million'' in its place, removing ``$57
million'' and adding ``$64 million'' in its place, and removing ``$78.5
million'' and adding ``$87 million'' in its place; and
d. Removing from paragraph (a)(4) ``$57 million'' and adding ``$64
million'' in its place, and removing ``$78.5 million'' and adding ``$87
million'' in its place.
PART 7--ACQUISITION PLANNING
7.104 [Amended]
12. Amend section 7.104 by--
a. Removing from paragraph (d)(2)(i)(A) ``$7.5 million'' and adding
``$8 million'' in its place;
b. Removing from paragraph (d)(2)(i)(B) ``$5.5 million'' and adding
``$6 million'' in its place; and
c. Removing from paragraph (d)(2)(i)(C) ``$2 million'' and adding
``$2.5 million'' in its place.
7.107 [Amended]
13. Amend section 7.107 by--
a. Removing from paragraph (b)(1) ``$86 million'' and adding
``$95.5 million'' in its place; and
b. Removing from paragraph (b)(2) ``$8.6 million'' and adding
``$9.5 million'' in its place, and removing ``$86 million'' and adding
``$95.5 million'' in its place.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.405-6 [Amended]
14. Amend section 8.405-6 by--
a. Removing from paragraph (h)(1) ``$550,000'' and adding
``$650,000'' in its place;
b. Removing from paragraph (h)(2) ``$550,000'' and adding
``$650,000'' in its place, and removing ``$11.5 million'' and adding
``$13 million'' in its place;
c. Removing from the introductory text of paragraph (h)(3) ``$11.5
million'' and adding ``$13.5 million'' in its place, removing ``$57
million'' and adding ``$64 million'' in its place, and removing ``$78.5
million'' and adding ``$87 million'' in its place; and
d. Removing from paragraph (h)(4) ``$57 million'' and adding ``$64
million'' in its place, and removing ``$78.5 million'' and adding ``$87
million'' in its place.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.102 [Amended]
15. Amend section 12.102 by removing from the introductory text of
[[Page 5720]]
paragraph (f)(2) ``$16 million'' and adding ``$18 million'' in its
place; and removing from paragraph (g)(1)(ii) ``$27 million'' and
adding ``$30 million'' in its place.
12.203 [Amended]
16. Amend section 12.203 by removing ``$5.5 million'' and adding
``$6.5 million'' in its place, and removing ``$11 million'' and adding
``$12 million'' in its place.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.000 [Amended]
17. Amend section 13.000 by removing ``$5.5 million'' and adding
``$6.5 million'' in its place, and removing ``$11 million'' and adding
``$12 million'' in its place.
13.003 [Amended]
18. Amend section 13.003 by--
a. Removing from paragraph (b)(1) ``$100,000'' and adding
``$150,000'' in its place, and removing ``$250,000'' and adding
``$300,000'' in its place;
b. Removing from paragraph (c)(1)(ii) ``$5.5 million'' and adding
``$6.5 million'' in its place, and removing ``$11 million'' and adding
``$12 million'' in its place; and
c. Removing from paragraph (g)(2) ``$5.5 million'' and adding
``$6.5 million'', and removing ``$11 million'' and adding ``$12
million'' in its place.
13.005 [Amended]
19. Amend section 13.005 by removing from paragraph (a)(5)
``$100,000'' and adding ``$150,000'' in its place.
13.201 [Amended]
20. Amend section 13.201 by removing from paragraph (g)(1)(ii)
``$25,000'' and adding ``$30,000'' in its place.
13.303-5 [Amended]
21. Amend section 13.303-5 by--
a. Removing from paragraph (b)(1) ``$5.5 million'' and adding
``$6.5 million'' in its place, and removing ``$11 million'' and adding
``$12 million'' in its place; and
b. Removing from paragraph (b)(2) ``$5.5 million'' and adding
``$6.5 million'' in its place, and removing ``$11 million'' and adding
``$12 million'' in its place.
13.500 [Amended]
22. Amend section 13.500 by--
a. Removing from paragraph (a) ``$5.5 million'' and adding ``$6.5
million'' in its place, and removing ``$11 million'' and adding ``$12
million'' in its place; and
b. Removing from the introductory text of paragraph (e) ``$11
million'' and adding ``$12 million'' in its place.
13.501 [Amended]
23. Amend section 13.501 by--
a. Removing from paragraph (a)(2)(i) ``$100,000'' and adding
``$150,000'' in its place, and removing ``$550,000'' and adding
``$650,000'' in its place;
b. Removing from paragraph (a)(2)(ii) ``$550,000'' and adding
``$650,000'' in its place, and removing ``$11.5 million'' and adding
``$13 million'' in its place;
c. Removing from paragraph (a)(2)(iii) ``$11.5 million'' and adding
``$13 million'' in its place, removing ``$57 million'' and adding ``$64
million'' in its place, and removing ``$78.5 million'' and adding ``$87
million'' in its place; and
d. Removing from paragraph (a)(2)(iv) ``$57 million'' and adding
``$64 million'' in its place, and removing ``$78.5 million'' and adding
``$87 million'' in its place.
PART 15--CONTRACTING BY NEGOTIATION
15.304 [Amended]
24. Amend section 15.304 by removing from paragraph (c)(4)
``$550,000'' and adding ``$650,000'' in its place, and by removing
``$1,000,000'' and adding ``$1.5 million'' in its place.
15.403-1 [Amended]
25. Amend section 15.403-1 by removing from paragraph (c)(3)(iv)
``$16 million'' and adding ``$18 million'' in its place.
15.403-4 [Amended]
26. Amend section 15.403-4 by removing from the introductory texts
of paragraphs (a)(1) and (a)(1)(iii) ``$650,000'' and adding
``$700,000'' in its place.
15.404-3 [Amended]
27. Amend section 15.404-3 by removing from paragraph (c)(1)(i)
``$11.5 million'' and adding ``$13 million'' in its place.
15.407-2 [Amended]
28. Amend section 15.407-2 by removing from paragraph (c)(1) and
the introductory text of paragraph (c)(2) ``$11.5 million'' and adding
``$13 million'' in its place.
15.408 [Amended]
29. Amend section 15.408 in Table 15-2, ``II. Cost Elements'' which
follows paragraph (n)(2)(iii), by removing from paragraph ``A(2)''
``$11.5 million'' and adding ``$13 million''.
PART 16--TYPES OF CONTRACTS
16.206-2 [Amended]
30. Amend section 16.206-2 by removing from the introductory
paragraph ``$100,000'' and adding ``$150,000'' in its place.
16.206-3 [Amended]
31. Amend section 16.206-3 by removing from paragraph (a)
``$100,000'' and adding ``$150,000'' in its place.
16.207-3 [Amended]
32. Amend section 16.207-3 by removing from paragraph (d)
``$100,000'' and adding ``$150,000'' in its place.
16.503 [Amended]
33. Amend section 16.503 by removing from paragraph (b)(2) ``$100
million'' and adding ``$105 million'' in its place; and removing from
paragraph (d)(1) ``$11.5 million'' and adding ``$13 million'' in its
place.
16.504 [Amended]
34. Amend section 16.504 by removing from the introductory texts of
paragraphs (c)(1)(ii)(D)(1) and (c)(1)(ii)(D)(3) ``$100 million'' and
adding ``$105 million'' in its place; and removing from the
introductory text of paragraph (c)(2)(i) ``$11.5 million'' and adding
``$13 million'' in its place.
16.505 [Amended]
35. Amend section 16.505 by--
a. Removing from the introductory text of paragraph (b)(1)(ii) ``$5
million'' and adding ``$5.5 million'' in its place;
b. Removing from the heading of paragraph (b)(1)(iii) ``$5
million'' and adding ``$5.5 million'' in its place, and removing ``$5
million'' and adding ``$5.5 million'' in its place; and
c. Removing from the heading of paragraph (b)(4) ``$5 million'' and
adding ``$5.5 million'' in its place, and removing ``$5 million'' and
adding ``$5.5 million'' in its place.
16.506 [Amended]
36. Amend section 16.506 by removing from paragraphs (f) and (g)
``$11.5 million'' and adding ``$13 million'' in its place.
PART 17--SPECIAL CONTRACTING METHODS
17.108 [Amended]
37. Amend section 17.108 by removing from paragraph (a) ``$11.5
million'' and adding ``$13 million'' in its place; and removing from
paragraph (b) ``$114.5 million'' and adding ``$127.5 million'' in its
place.
[[Page 5721]]
PART 19--SMALL BUSINESS PROGRAMS
19.502-2 [Amended]
38. Amend section 19.502-2 by--
a. Removing from paragraph (a) ``$100,000'' and adding ``$150,000''
in its place each time it appears (twice), and removing ``$250,000''
and adding ``$300,000'' in its place; and
b. Removing from paragraph (b) ``$100,000'' and adding ``$150,000''
in its place.
19.508 [Amended]
39. Amend section 19.508 by removing from paragraph (e)
``$100,000'' and adding ``$150,000'' in its place.
19.702 [Amended]
40. Amend section 19.702 by--
a. Removing from paragraph (a)(1) ``$550,000'' and adding
``$650,000'' in its place, and removing ``$1,000,000'' and adding
``$1.5 million'' in its place; and
b. Removing from paragraph (a)(2) ``$550,000'' and adding
``$650,000'' in its place, and removing ``$1,000,000'' and adding
``$1.5 million'' in its place.
19.704 [Amended]
41. Amend section 19.704 by removing from paragraph (a)(9)
``$550,000'' and adding ``$650,000'' in its place, and removing
``$1,000,000'' and adding ``$1.5 million'' in its place.
19.708 [Amended]
42. Amend section 19.708 by removing from paragraph (b)(1)
``$550,000'' and adding ``$650,000'' in its place, and removing
``$1,000,000'' and adding ``$1.5 million'' in its place.
19.805-1 [Amended]
43. Amend section 19.805-1 by removing from paragraph (a)(2) ``$5.5
million'' and adding ``$6.5 million'' in its place, and removing ``$3.5
million'' and adding ``$4 million'' in its place.
19.1202-2 [Amended]
44. Amend section 19.1202-2 by removing from paragraph (a)
``$550,000'' and adding ``$650,000'' in its place, and removing
``$1,000,000'' and adding ``$1.5 million'' in its place.
19.1306 [Amended]
45. Amend section 19.1306 by removing from paragraph (a)(2)(i)
``$5.5 million'' and adding ``$6.5 million'' in its place; and removing
from paragraph (a)(2)(ii) ``$3.5 million'' and adding ``$4 million'' in
its place.
19.1406 [Amended]
46. Amend section 19.1406 by removing from paragraph (a)(2)(i)
``$5.5 million'' and adding ``$6 million'' in its place; and removing
from paragraph (a)(2)(ii) ``$3 million'' and adding ``$3.5 million'' in
its place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.305 [Amended]
47. Amend section 22.305 by removing from paragraph (a)
``$100,000'' and adding ``$150,000'' in its place.
22.602 [Amended]
48. Amend section 22.602 by removing ``$10,000'' and adding
``$15,000'' in its place.
22.603 [Amended]
49. Amend section 22.603 by removing from paragraph (b) ``$10,000''
and adding ``$15,000'' in its place.
22.605 [Amended]
50. Amend section 22.605 by removing from paragraphs (a)(1),
(a)(2), (a)(3), and (a)(5) ``$10,000'' and adding ``$15,000'' in its
place each time it appears (six times).
22.1103 [Amended]
51. Amend section 22.1103 by removing ``$550,000'' and adding
``$650,000'' in its place.
22.1402 [Amended]
52. Amend section 22.1402 by removing from paragraph (a)
``$10,000'' and adding ``$15,000'' in its place.
22.1408 [Amended]
53. Amend section 22.1408 by removing from the introductory text of
paragraph (a) ``$10,000'' and adding ``$15,000'' in its place.
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
23.406 [Amended]
54. Amend section 23.406 by removing from paragraph (d)
``$100,000'' and adding ``$150,000'' in its place.
PART 28--BONDS AND INSURANCE
28.102-1 [Amended]
55. Amend section 28.102-1 by removing from paragraphs (a) and
(b)(1) ``$100,000'' and adding ``$150,000'' in its place.
28.102-2 [Amended]
56. Amend section 28.102-2 by removing from the headings of
paragraphs (b) and (c) ``$100,000'' and adding ``$150,000'' in its
place.
28.102-3 [Amended]
57. Amend section 28.102-3 by removing from paragraphs (a) and (b)
``$100,000'' and adding ``$150,000'' in its place.
PART 32--CONTRACT FINANCING
32.404 [Amended]
58. Amend section 32.404 by removing from paragraph (a)(7)(i)
``$10,000'' and adding ``$15,000'' in its place.
PART 36--CONSTRUCTION AND ARCHITECT--ENGINEER CONTRACTS
36.501 [Amended]
59. Amend section 36.501 by removing from paragraph (b)
``$1,000,000'' and adding ``$1.5 million'' in its place each time it
appears (twice).
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
42.709 [Amended]
60. Amend section 42.709 by removing from paragraph (b)
``$650,000'' and adding ``$700,000'' in its place.
42.709-6 [Amended]
61. Amend section 42.709-6 by removing ``$650,000'' and adding
``$700,000'' in its place.
42.1502 [Amended]
62. Amend section 42.1502 by removing from paragraph (e)
``$550,000'' and adding ``$650,000'' in its place each time it appears
(twice).
PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
50.102-1 [Amended]
63. Amend section 50.102-1 by removing from paragraph (b)
``$55,000'' and adding ``$65,000'' in its place.
50.102-3 [Amended]
64. Amend section 50.102-3 by removing from paragraph (b)(4)
``$28.5 million'' and adding ``$32 million'' in its place; and removing
from paragraphs (e)(1)(i) and (e)(1)(ii) ``$55,000'' and adding
``$65,000'' in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.203-7 [Amended]
65. Amend section 52.203-7 by removing from the clause heading
``(Jul 1995)'' and adding ``(Date)'' in its place; and removing from
paragraph (c)(5) ``$100,000'' and adding ``$150,000'' in its place.
[[Page 5722]]
52.203-12 [Amended]
66. Amend section 52.203-12 by removing from the clause heading
``(Sep 2007)'' and adding ``(Date)'' in its place; and removing from
paragraphs (g)(1) and (g)(3) ``$100,000'' and adding ``$150,000'' in
its place.
52.204-8 [Amended]
67. Amend section 52.204-8 by removing from the provision heading
``(Feb 2009)'' and adding ``(Date)'' in its place; and removing from
paragraph (c)(1)(ii) ``$100,000'' and adding ``$150,000'' in its place.
52.212-3 [Amended]
68. Amend section 52.212-3 by removing from the provision heading
``(Aug 2009)'' and adding ``(Date)'' in its place; and removing from
paragraph (e) ``$100,000'' and adding ``$150,000'' in its place.
52.212-5 [Amended]
69. Amend section 52.212-5 by--
a. Removing from the clause heading ``(Dec 2009)'' and adding
``(Date)'' in its place;
b. Removing from paragraph (b)(11)(i) ``(Apr 2008)'' and adding
``(Date)'' in its place;
c. Removing from paragraph (b)(24) ``(Jun 1998)'' and adding
``(Date)'' in its place;
d. Removing from paragraph (e)(1)(ii) ``$550,000'' and adding
``$650,000'' in its place, and removing ``$1,000,000'' and adding
``$1.5 million'' in its place;
e. Removing from paragraph (e)(1)(vi) ``(Jun 1998)'' and adding
``(Date)'' in its place; and
f. In Alternate II by--
1. Removing from the Alternate heading ``(Dec 2009)'' and adding
``(Date)'' in its place;
2. Removing from paragraph (e)(1)(ii)(C) ``$550,000'' and adding
``$650,000'' in its place, and removing ``$1,000,000'' and adding
``$1.5 million'' in its place; and
3. Removing from paragraph (e)(1)(ii)(F) ``(June 1998)'' and adding
``(Date)'' in its place.
52.213-4 [Amended]
70. Amend section 52.213-4 by--
a. Removing from the clause heading ``(Dec 2009)'' and adding
``(Date)'' in its place;
b. Removing from paragraph (a)(2)(vi) ``(Dec 2009)'' and adding
``(Date)'' in its place;
c. Removing from paragraph (b)(1)(ii) ``(Dec 1996)'' and adding
``(Date)'' in its place, and removing ``$10,000'' and adding
``$15,000'' in its place; and
d. Removing from paragraph (b)(1)(iv) ``(June 1998)'' and adding
``(Date)'' in its place, and removing ``$10,000'' and adding
``$15,000'' in its place.
52.219-9 [Amended]
71. Amend section 52.219-9 by--
a. Removing from the clause heading ``(Apr 2008)'' and adding
``(Date)'' in its place;
b. Removing from paragraph (d)(9) ``$550,000'' and adding
``$650,000'' in its place, and removing ``$1,000,000'' and adding
``$1.5 million'' in its place;
c. Removing from the introductory text of paragraph (d)(11)(iii)
``$100,000'' and adding ``$150,000'' in its place; and
d. Removing from paragraph (l)(2)(i)(C) ``$550,000'' and adding
``$650,000'' in its place, and removing ``$1,000,000'' and adding
``$1.5 million'' in its place.
52.222-20 [Amended]
72. Amend section 52.222-20 by removing from the clause heading
``(Dec 1996)'' and adding ``(Date)'' in its place; and removing from
the introductory paragraph ``$10,000'' and adding ``$15,000'' in its
place.
52.222-36 [Amended]
73. Amend section 52.222-36 by removing from the clause heading
``(Jun 1998)'' and adding ``(Date)'' in its place; and removing from
paragraph (d) ``$10,000'' and adding ``$15,000'' in its place.
52.225-8 [Amended]
74. Amend section 52.225-8 by removing from the clause heading
``(Feb 2000)'' and adding ``(Date)'' in its place; and removing from
the introductory texts of paragraphs (c)(1) and (j)(2) ``$10,000'' and
adding ``$15,000'' in its place.
52.228-15 [Amended]
75. Amend section 52.228-15 by removing from the clause heading
``(Nov 2006)'' and adding ``(Date)'' in its place; and removing from
the introductory text of paragraph (b) ``$100,000'' and adding
``$150,000'' in its place.
52.244-6 [Amended]
76. Amend section 52.244-6 by--
a. Removing from the clause heading ``(Dec 2009)'' and adding
``(Date)'' in its place;
b. Removing from paragraph (c)(1)(iii) ``$550,000'' and adding
``$650,000'' in its place, and removing ``$1,000,000'' and adding
``$1.5 million'' in its place; and
c. Removing from paragraph (c)(1)(vi) ``(Jun 1998)'' and adding
``(Date)'' in its place.
52.248-1 [Amended]
77. Amend section 52.248-1 by removing from the clause heading
``(Feb 2000)'' and adding ``(Date)'' in its place; and removing from
paragraph (l) ``$100,000'' and adding ``$150,000'' in its place.
52.248-3 [Amended]
78. Amend section 52.248-3 by removing from the clause heading
``(Sep 2006)'' and adding ``(Date)'' in its place; and removing from
paragraph (h) ``$55,000'' and adding ``$65,000'' in its place.
[FR Doc. 2010-2318 Filed 2-3-10; 8:45 am]
BILLING CODE 6820-EP-P
