Federal Acquisition Regulation; Federal Acquisition Circular 2005-45; Small Entity Compliance Guide, 53169-53170 [2010-21044]
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53169
Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations
material would be inconsistent with the
public interest or the application of the Buy
American Act to a particular unmanufactured
construction material would be impracticable
or inconsistent with the public interest.
(c) * * *
(3) Unless the Government determines that
an exception to section 1605 of the Recovery
Act or the Buy American Act applies, use of
foreign construction material other than
manufactured construction material from a
Recovery Act designated country or
unmanufactured construction material from a
designated country is noncompliant with the
applicable Act.
*
*
*
*
*
Alternate I (Oct 2010). * * *
(b) Construction materials. (1) The
restrictions of section 1605 of the American
Recovery and Reinvestment Act of 2009 (Pub.
L. 111–5) (Recovery Act) do not apply to
Recovery Act designated country
manufactured construction material. The
restrictions of the Buy American Act do not
apply to designated country unmanufactured
construction material. Consistent with U.S.
obligations under international agreements,
this clause implements—
(i) Section 1605 of the Recovery Act, by
requiring, unless an exception applies, that
all manufactured construction material in the
project is manufactured in the United States
and, if the construction material consists
wholly or predominantly of iron or steel, the
iron or steel was produced in the United
States (produced in the United States means
that all manufacturing processes of the iron
or steel must take place in the United States,
except metallurgical processes involving
refinement of steel additives); and
(ii) The Buy American Act by providing a
preference for unmanufactured construction
material mined or produced in the United
States over unmanufactured construction
material mined or produced in a
nondesignated country.
(2) The Contractor shall use only domestic
construction material, Recovery Act
designated country manufactured
construction material, or designated country
unmanufactured construction material, other
than Bahrainian, Mexican, or Omani
construction material, in performing this
contract, except as provided in paragraphs
(b)(3) and (b)(4) of this clause.
■
■
17. Amend section 52.225–24 by—
a. Revising the section heading;
b. Revising the heading and the date
of the provision;
■ c. Removing from paragraph (a) the
word ‘‘Other’’; and
■ d. Revising paragraph (c).
The revised text reads as follows:
■
52.225–24 Notice of Required Use of
American Iron, Steel, and Manufactured
Goods—Buy American Act—Construction
Materials Under Trade Agreements.
*
*
*
*
*
*
*
*
*
(c) Evaluation of offers. (1) If the
Government determines that an exception
based on unreasonable cost of domestic
construction material applies in accordance
with FAR 25.604, the Government will
evaluate an offer requesting exception to the
requirements of section 1605 of the Recovery
Act or the Buy American Act by adding to
the offered price of the contract—
(i) 25 percent of the offered price of the
contract, if foreign manufactured
construction material is included in the offer
based on an exception for the unreasonable
cost of comparable manufactured domestic
construction material; and
(ii) 6 percent of the cost of foreign
unmanufactured construction material
included in the offer based on an exception
for the unreasonable cost of comparable
domestic unmanufactured construction
material.
(2) If the solicitation specifies award on the
basis of factors in addition to cost or price,
the Contracting Officer will apply the
evaluation factors as specified in paragraph
(c)(1) of this provision and use the evaluated
cost or price in determining the offer that
represents the best value to the Government.
(3) Unless paragraph (c)(2) of this provision
applies, if two or more offers are equal in
price, the Contracting Officer will give
preference to an offer that does not include
foreign construction material excepted at the
request of the offeror on the basis of
unreasonable cost.
*
*
*
*
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010–0077, Sequence 7]
Notice of Required Use of American
Iron, Steel, and Manufactured Goods—
Buy American Act—Construction
Materials Under Trade Agreements
(Oct 2010)
*
DEPARTMENT OF DEFENSE
*
[FR Doc. 2010–21027 Filed 8–27–10; 8:45 am]
BILLING CODE 6820–EP–P
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–45;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCIES:
ACTION:
Small Entity Compliance Guide.
This document is issued
under the joint authority of the
Secretary of Defense, the Administrator
of General Services and the
Administrator of the National
Aeronautics and Space Administration.
This Small Entity Compliance Guide has
been prepared in accordance with
section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996. It consists of a summary of rules
appearing in Federal Acquisition
Circular (FAC) 2005–45 which amend
the FAR. Interested parties may obtain
further information regarding these
rules by referring to FAC 2005–45,
which precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
SUMMARY:
For effective dates see separate
documents, which follow.
DATES:
The
analyst whose name appears in the table
below. Please cite FAC 2005–45 and the
specific FAR case number. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at (202) 501–
4755.
FOR FURTHER INFORMATION CONTACT:
LIST OF RULES IN FAC 2005–45
Subject
I ....................
II ...................
III ..................
jlentini on DSKJ8SOYB1PROD with RULES3
Item
Inflation Adjustment of Acquisition-Related Thresholds .................................................................
Definition of Cost or Pricing Data ...................................................................................................
American Recovery and Reinvestment Act of 2009 (the Recovery Act)—Buy American Requirements for Construction Materials.
SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these FAR cases,
refer to the specific item number and
VerDate Mar<15>2010
17:53 Aug 27, 2010
Jkt 220001
FAR case
subject set forth in the documents
following these item summaries.
FAC 2005–45 amends the FAR as
specified below:
PO 00000
Frm 00043
Fmt 4701
Sfmt 4700
2008–024
2005–036
2009–008
Analyst
Jackson.
Chambers.
Davis.
Item I—Inflation Adjustment of
Acquisition-Related Thresholds (FAR
Case 2008–024)
This final rule amends the FAR to
implement section 807 of the Ronald W.
E:\FR\FM\30AUR3.SGM
30AUR3
53170
Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations
jlentini on DSKJ8SOYB1PROD with RULES3
Reagan National Defense Authorization
Act for Fiscal Year 2005. Section 807
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 have also used the same
methodology to adjust nonstatutory FAR
acquisition-related thresholds in 2010.
This is the second review of FAR
acquisition-related thresholds. The
Councils published a proposed rule in
the Federal Register at 75 FR 5716,
February 4, 2010.
The effect of the final rule on heavilyused thresholds is the same as stated in
the preamble to the proposed rule:
• The micro-purchase base threshold
of $3,000 (FAR 2.101) is not changed.
• The simplified acquisition
threshold (FAR 2.101) is 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) is raised from
$5,500,000 to $6,500,000.
• The cost or pricing data threshold
(FAR 15.403–4) is raised from $650,000
to $700,000.
• The prime contractor
subcontracting plan (FAR 19.702) floor
is raised from $550,000 to $650,000, and
VerDate Mar<15>2010
17:53 Aug 27, 2010
Jkt 220001
the construction threshold of $1,000,000
increases to $1,500,000.
Item II—Definition of Cost or Pricing
Data (FAR Case 2005–036)
This final rule amends the FAR by
redefining ‘‘cost or pricing data,’’ adding
a definition of ‘‘certified cost or pricing
data,’’ and changing the term
‘‘information other than cost or pricing
data,’’ to ‘‘data other than certified cost
or pricing data.’’ The rule clarifies the
existing authority for contracting
officers to require certified cost or
pricing data or data other than certified
cost or pricing data, and the existing
requirements for submission of the
various types of pricing data. The rule
is required to eliminate confusion and
misunderstanding, especially regarding
the authority of the contracting officer to
request data other than certified cost or
pricing data when there is no other
means to determine that proposed
prices are fair and reasonable. Most
significantly, the rule clarifies that data
other than certified cost or pricing data
may include the identical types of data
as certified cost or pricing data but
without the certification. Because the
rule clarifies existing requirements, it
will have only minimal impact on the
Government, offerors, and automated
systems.
PO 00000
Frm 00044
Fmt 4701
Sfmt 9990
Item III—American Recovery and
Reinvestment Act of 2009 (the Recovery
Act)—Buy American Requirements for
Construction Materials (FAR Case
2009–008)
This final rule converts the interim
rule published in the Federal Register at
74 FR 14623, March 31, 2009, to a final
rule with changes. This final rule
implements section 1605 of Division A
of the American Recovery and
Reinvestment Act (Recovery Act) of
2009. It prohibits the use of funds
appropriated for or otherwise made
available by the Recovery Act for any
project for the construction, alteration,
maintenance, or repair of a public
building or public work unless all of the
iron, steel, and manufactured goods
used in the project are produced in the
United States. Section 1605 mandates
application of the Recovery Act Buy
American requirement in a manner
consistent with U.S. obligations under
international agreements. Least
developed countries continue to be
treated as designated countries per
congressional direction. Section 1605
also provides for waivers under certain
limited circumstances.
Dated: August 18, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010–21044 Filed 8–27–10; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\30AUR3.SGM
30AUR3
]]>Agencies
[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Rules and Regulations]
[Pages 53169-53170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21044]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010-0077, Sequence 7]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-45; Small Entity Compliance Guide
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
-----------------------------------------------------------------------
SUMMARY: This document is issued under the joint authority of the
Secretary of Defense, the Administrator of General Services and the
Administrator of the National Aeronautics and Space Administration.
This Small Entity Compliance Guide has been prepared in accordance with
section 212 of the Small Business Regulatory Enforcement Fairness Act
of 1996. It consists of a summary of rules appearing in Federal
Acquisition Circular (FAC) 2005-45 which amend the FAR. Interested
parties may obtain further information regarding these rules by
referring to FAC 2005-45, which precedes this document. These documents
are also available via the Internet at https://www.regulations.gov.
DATES: For effective dates see separate documents, which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below. Please cite FAC 2005-45 and the specific FAR case number.
For information pertaining to status or publication schedules, contact
the Regulatory Secretariat at (202) 501-4755.
List of Rules in FAC 2005-45
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I................. Inflation 2008-024 Jackson.
Adjustment of
Acquisition-
Related
Thresholds.
II................ Definition of 2005-036 Chambers.
Cost or Pricing
Data.
III............... American Recovery 2009-008 Davis.
and Reinvestment
Act of 2009 (the
Recovery Act)--
Buy American
Requirements for
Construction
Materials.
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these FAR cases, refer to
the specific item number and subject set forth in the documents
following these item summaries.
FAC 2005-45 amends the FAR as specified below:
Item I--Inflation Adjustment of Acquisition-Related Thresholds (FAR
Case 2008-024)
This final rule amends the FAR to implement section 807 of the
Ronald W.
[[Page 53170]]
Reagan National Defense Authorization Act for Fiscal Year 2005. Section
807 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 have also used the same methodology
to adjust nonstatutory FAR acquisition-related thresholds in 2010.
This is the second review of FAR acquisition-related thresholds.
The Councils published a proposed rule in the Federal Register at 75 FR
5716, February 4, 2010.
The effect of the final rule on heavily-used thresholds is the same
as stated in the preamble to the proposed rule:
The micro-purchase base threshold of $3,000 (FAR 2.101) is
not changed.
The simplified acquisition threshold (FAR 2.101) is 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) is
raised from $5,500,000 to $6,500,000.
The cost or pricing data threshold (FAR 15.403-4) is
raised from $650,000 to $700,000.
The prime contractor subcontracting plan (FAR 19.702)
floor is raised from $550,000 to $650,000, and the construction
threshold of $1,000,000 increases to $1,500,000.
Item II--Definition of Cost or Pricing Data (FAR Case 2005-036)
This final rule amends the FAR by redefining ``cost or pricing
data,'' adding a definition of ``certified cost or pricing data,'' and
changing the term ``information other than cost or pricing data,'' to
``data other than certified cost or pricing data.'' The rule clarifies
the existing authority for contracting officers to require certified
cost or pricing data or data other than certified cost or pricing data,
and the existing requirements for submission of the various types of
pricing data. The rule is required to eliminate confusion and
misunderstanding, especially regarding the authority of the contracting
officer to request data other than certified cost or pricing data when
there is no other means to determine that proposed prices are fair and
reasonable. Most significantly, the rule clarifies that data other than
certified cost or pricing data may include the identical types of data
as certified cost or pricing data but without the certification.
Because the rule clarifies existing requirements, it will have only
minimal impact on the Government, offerors, and automated systems.
Item III--American Recovery and Reinvestment Act of 2009 (the Recovery
Act)--Buy American Requirements for Construction Materials (FAR Case
2009-008)
This final rule converts the interim rule published in the Federal
Register at 74 FR 14623, March 31, 2009, to a final rule with changes.
This final rule implements section 1605 of Division A of the American
Recovery and Reinvestment Act (Recovery Act) of 2009. It prohibits the
use of funds appropriated for or otherwise made available by the
Recovery Act for any project for the construction, alteration,
maintenance, or repair of a public building or public work unless all
of the iron, steel, and manufactured goods used in the project are
produced in the United States. Section 1605 mandates application of the
Recovery Act Buy American requirement in a manner consistent with U.S.
obligations under international agreements. Least developed countries
continue to be treated as designated countries per congressional
direction. Section 1605 also provides for waivers under certain limited
circumstances.
Dated: August 18, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010-21044 Filed 8-27-10; 8:45 am]
BILLING CODE 6820-EP-P
