Federal Acquisition Regulation; Positive Law Codification of Title 41, 57949-57979 [2012-21874]

Download as PDF Vol. 77 Tuesday, No. 181 September 18, 2012 Part V Department of Defense General Services Administration National Aeronautics and Space Administration mstockstill on DSK4VPTVN1PROD with PROPOSALS3 48 CFR Parts 1, 2, 3, et al. Federal Acquisition Regulation; Positive Law Codification of Title 41; Proposed Rule VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18SEP3.SGM 18SEP3 57950 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 36, 37, 38, 39, 41, 42, 43, 44, 46, 47, 48, 50, 51, 52, and 53 [FAR Case 2011–018; Docket 2011–0018; Sequence 1] RIN 9000–AM30 Federal Acquisition Regulation; Positive Law Codification of Title 41 Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. AGENCIES: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to conform references throughout the FAR to the new Positive Law Codification of Title 41, United States Code, ‘‘Public Contracts.’’ SUMMARY: Interested parties should submit written comments to the Regulatory Secretariat at one of the addressees shown below on or before November 19, DATES: 2012 to be considered in the formation of the final rule. ADDRESSES: Submit comments in response to FAR Case 2011–018 by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘FAR Case 2011–018’’. Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘FAR Case 2011– 018.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2011– 018’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th Floor, Washington, DC 20417. Instructions: Please submit comments only and cite FAR Case 2011–018, 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. Edward N. Chambers, Procurement Analyst, at 202–501–3221, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. Please cite FAR Case 2011–018. SUPPLEMENTARY INFORMATION: I. Background On January 4, 2011, Public Law 111– 350 enacted a new codified version of Title 41 United States Code (U.S.C.), entitled ‘‘Public Contracts.’’ The purpose of this proposed rule is to update all references to Title 41 in the FAR to conform to the positive law codification. Furthermore, this rule proposes further updates to complete the implementation of the recodification of title 40 in the FAR (see final rule under FAR Case 2005–010, Title 40 of United States Code Reference Corrections, published in the Federal Register at 70 FR 57453 on September 30, 2005). II. Discussion and Analysis There are three types of changes throughout the FAR, including some standard forms: A. Change to the citation (e.g., ‘‘41 U.S.C. 10a-10d’’ now reads ‘‘41 U.S.C. chapter 83’’). B. Change to the popular names of the Acts (e.g., the ‘‘Service Contract Act of 1965’’ is now the ‘‘Service Contract Labor Standards statute’’). A table providing the popular names of the Acts, the present statutory citation, and the new titles of the statutes is proposed at FAR 1.110. This table covers Acts under both titles 40 and 41. C. Changes to terminology which did not involve substantive changes to the meaning of the statutes. The changes are summarized in the following table: Change from To FAR cites 1. 104 .............................................. 2105(c)(1) ................................... 2.101, 22.1801, 52.209–6, 52.222–54, 52.225–1, 52.225– 3, 52.225–9, 52.225–11. 3.703, 52.203–8. 3. 1705 and 4106(g)(2) .................. Definition of COTS item: ‘‘section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’. ‘‘has engaged in conduct constituting a violation of’’/‘‘constitutes a violation of’’. ‘‘competition advocate’’ .............. ‘‘46 U.S.C. 40102(4)’’ ................. 2. ‘‘advocate for competition’’ ......... 4. 5. 3901 ............................................ 6308 ............................................ ‘‘in its discretion,’’ ....................... ‘‘let’’ ............................................. Delete phrase ............................. ‘‘award’’ ....................................... 6. 7. 8. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Statutory cite in 41 U.S.C. 6701 ............................................ 7103 ............................................ 8501 and 29 CFR 525 ............... ‘‘Outer Continental Shelf lands’’ ‘‘duly’’ .......................................... ‘‘handicapped’’ ............................ ‘‘outer Continental Shelf’’ ........... Delete word ................................ ‘‘disabled’’ or ‘‘workers with disabilities’’. 9. Chapter 85 (see 48 U.S.C. note prec. 1681). 8701 and 8702 ........................... 8703 ............................................ Trust Territory of the Pacific ....... Delete ......................................... 6.000, 6.304(a), subpart 6.5 (multiple), 7.104(c), 8.405– 3(e)(3), 8.405–6(d), 9.202(b), 13.501(a)(2)(ii), 16.505(b)(2)(ii)(C). 52.203–5. 3.303(c)(5), 19.800(a), 52.219– 8. 22.305, 22.1001, 52.213–4(b). 33.201, 33.207(e), 52.233–1. 5.202(a)(4), 9.102(b)(3), 15.404– 4(d)(1)(iii), 22.102–1(h), 22.1019, 52.222—20, -38, 41. 52.212–3, Alt I, 52.219–1, Alt I. ‘‘directly or indirectly’’ ................. ‘‘Department of Justice’’ ............. Delete ......................................... ‘‘Attorney General’’ ..................... 3.502–1(a), 52.203–7(a). 3.502–2(g), 52.203–7(c)(2). 10. 11. VerDate Mar<15>2010 20:57 Sep 17, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 ‘‘has violated’’/‘‘violates.’’ ............ Sfmt 4702 E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Additionally, this case makes numerous minor corrections to the FAR apart from the changes directly due to the recodification: • References to title 10 of the United States Code are corrected at FAR 6.302– 5(c)(1), 7.102(a)(2), 7.103(a), 7.202(a), 15.303(b)(4) and (6), 15.404–1(f)(2), 32.006–1(a), and 32.006–5. • Codification citations are added for Authorization Acts, for Appropriations Acts and other public laws at FAR 8.602(a), 9.402(d), 12.000, 12.102(g)(1), 12.504(a)(13), 16.505(a)(9), 19.201(d), 23.704(b)(1)(ii), 25.405, 25.700(b), 26.400, 28.106–4(b), 28.106–6(d), 31.205–1(f)(8), 32.112–1(a), 32.112–2(a), 52.212–5(a)(3) and (c)(7), (e)(1)(xiii), and in (e)(1)(ii)(M) of Alternate II; 52.213– 4(a)(1)(vii), (b)(1)(x), 52.226–6(b), and 52.228–12. • FAR 12.201 deletes the reference to Public Law 103–355, which is already covered at 12.000. • The title of the clause at FAR 52.244–6 is corrected at FAR 12.502(b) and 44.402(b). • FAR 1.501 is corrected to conform to 41 U.S.C. 1707 and FAR 1.301. • FAR 22.1502—the relationship of three statutes is conformed to language used in Executive Order 13126. • Obsolete references are deleted at FAR 43.102(c) and 50.103–3(c). • The Executive order citation is added for FAR 52.222–54, Employment Eligibility Verification, at 52.212– 5(e)(1)(xii) and Alternate II at (e)(1)(ii)(L). III. Executive Order 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act The Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) do not expect this proposed rule to have a significant economic impact on a substantial VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule does not change or add any policies or procedures. The rule merely updates references and terminology. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the 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 2011–018) in all correspondence. V. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; however, these changes to the FAR do not imposed additional information collection requirements to the paperwork burden previously approved under the Office of Management and Budget Control Number 1215–0017, titled: Records to be Kept by EmployersFLSA; 1215–0119, titled: Requirements of a Bono Fide Thrift or Savings Plan; 1215–0140, titled: Affected Public: Business or other for-profit; Federal Government; State, Local or Tribal Government; 1215–0149, titled: Optional Use Payroll Form under the Davis-Bacon Act; 1215–0150, titled: Nondisplacement of Qualified Workers Under Service Contracts; 9000–0014, titled: Statement and Acknowledgement; 9000–0024, titled: Buy American Act Certificate; 9000– 0025, titled: Trade Agreement Certificate; 9000–0035, titled: Claims and Appeals; 9000–0045, titled: Bid Guarantees, Performance and Payment Bonds, and Alternative Payment Protections; 9000–0070, titled: Payments; 9000–0089, titled: Request for Authorization of Additional Classification and Rate, Standard Form 1444; 9000–0090, titled: Rights in Data and Copyrights; 9000–0091, titled: AntiKickback Procedures; 9000–0094, titled: Debarment and Suspension; 9000–0102, titled: Prompt Payment; 9000–0113, titled: Acquisition of Helium; 9000– 0130, titled: Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate; 9000–135, titled: Prospective Subcontractor Requests for Bonds; 9000–0136, titled: Commercial Item Acquisitions; 9000–0138, titled: Contract Financing; 9000–0141, titled: Buy American Act—Construction; PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 57951 9000–0154, titled: Davis Bacon Act— Price Adjustments (Actual Method). List of Subjects in 48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 36, 37, 38, 39, 41, 42, 43, 44, 46, 47, 48, 50, 51, 52, and 53. Government procurement. Dated: August 30, 2012. Laura Auletta, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 36, 37, 38, 39, 41, 42, 43, 44, 46, 47, 48, 50, 51, 52, and 53 as set forth below: 1. The authority citation for 48 CFR parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 36, 37, 38, 39, 41, 42, 43, 44, 46, 47, 48, 50, 51, 52, and 53 is revised to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 1—FEDERAL ACQUISITION REGULATIONS SYSTEM 2. Amend section 1.103 by revising paragraph (a) to read as follows: 1.103 Authority. (a) The development of the FAR System is in accordance with the requirements of (41 U.S.C. chapter 13, Acquisition Councils). * * * * * 1.106 [Amended] 3. Amend section 1.106 by removing from the introductory paragraph ‘‘(Pub. L. 96–511)’’ and adding ‘‘(44 U.S.C. chapter 35)’’ in its place. 4. Amend section 1.107 by revising the introductory paragraph to read as follows: 1.107 Certifications. In accordance with 41 U.S.C. 1304, a new requirement for a certification by a contractor or offeror may not be included in this chapter unless— * * * * * 5. Amend section 1.109 by removing from paragraph (a) ‘‘41 U.S.C. 431a’’ and adding ‘‘41 U.S.C. 1908’’ in its place; and revising paragraph (c) to read as follows: 1.109 Statutory acquisition-related dollar thresholds—adjustment for inflation. * * * * * (c) The statute does not permit escalation of acquisition-related dollar E:\FR\FM\18SEP3.SGM 18SEP3 57952 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules thresholds established by 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction 41 U.S.C. chapter 67, Service Contract Labor Standards; or the United States Trade Representative pursuant to the authority of the Trade Agreements Act of 1979 (19 U.S.C. 2511 et seq.). * * * * * 6. Add section 1.110 to read as follows: 1.110 Positive Law codification. (a) Public Law 107–217 revised, codified, and enacted as title 40, United States Code, Public Buildings, Property, and Works, certain general and permanent laws of the United States. Historical title of Act (b) Public Law 111–350 revised, codified, and enacted as title 41, United States Code, Public Contracts, certain general and permanent laws of the United States. (c) The following table provides cross references between the historical titles of the acts, and the current reference in title 40 or title 41. Division/chapter/subchapter Anti-Kickback Act ............................................... Brooks Architect-Engineer Act ........................... Buy American Act ............................................... Contract Disputes Act of 1978 ........................... Contract Work Hours and Safety Standards Act Davis-Bacon Act ................................................. Drug-Free Workplace Act ................................... Federal Property and Administrative Services Act of 1949, Title III. Javits-Wagner-O’Day Act ................................... 41 40 41 41 40 40 41 41 U.S.C. chapter 87 ....................................... U.S.C. chapter 11 ....................................... U.S.C.chapter 83 ........................................ U.S.C.chapter 71 ........................................ U.S.C. chapter 37 ....................................... U.S.C. chapter 31, Subchapter IV .............. U.S.C.chapter 81 ........................................ U.S.C. Div. C of subtitle I* .......................... Miller Act ............................................................. Office of Federal Procurement Policy Act .......... Procurement Integrity Act ................................... 40 U.S.C. chapter 31, subchapter III ............... 41 U.S.C. Div. B of subtitle I** ......................... 41 U.S.C. chapter 21 ....................................... Service Contract Act of 1965 ............................. Truth in Negotiations Act .................................... Walsh-Healey Public Contracts Act ................... 41 U.S.C. chapter 67 ....................................... 41 U.S.C. chapter 35 ....................................... 41 U.S.C. chapter 65 ....................................... 41 U.S.C. chapter 85 ....................................... Title Kickbacks. Selection of Architects and Engineers. Buy American. Contract Disputes. Contract Work Hours and Safety Standards. Wage Rate Requirements (Construction). Drug-Free Workplace. Procurement. Committee for Purchase from People Who Are Blind or Severely Disabled. Bonds. Office of Federal Procurement Policy. Restrictions on Obtaining and Disclosing Certain Information. Service Contract Labor Standards. Truthful Cost or Pricing Data. Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. * Except sections 3302, 3501(b), 3509, 3906, 4710, and 4711. ** Except sections 1704 and 2303. United States Code,’’ and adding ‘‘41 U.S.C. 1702(b)(3)(F)’’ in its place. 7. Amend section 1.301 by revising the first sentence of paragraph (b) to read as follows: 1.301 PART 2—DEFINITIONS OF WORDS AND TERMS Policy. * * * * * (b) Agency heads shall establish procedures to ensure that agency acquisition regulations are published for comment in the Federal Register in conformance with the procedures in subpart 1.5 and as required by 41 U.S.C. 1707, and other applicable statutes, when they have a significant effect beyond the internal operating procedures of the agency or have a significant cost or administrative impact on contractors or offerors. * * * * * * * * 1.501–1 [Amended] mstockstill on DSK4VPTVN1PROD with PROPOSALS3 8. Amend section 1.501–1 by removing from the first sentence ‘‘having a significant’’ and adding ‘‘and which have a significant’’ in its place. 1.602–3 [Amended] 9. Amend section 1.602–3 by removing from paragraph (b)(5) ‘‘under the Contract Disputes Act of 1978’’ and adding ‘‘under 41 U.S.C. chapter 71, Contract Disputes,’’ in its place. 1.603–1 [Amended] 10. Amend section 1.603–1 by removing ‘‘Subsection 414(4) of Title 41, VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 11. Amend section 2.101 in paragraph (b) by— a. Removing from the definition ‘‘Certified cost or pricing data’’ the citation ‘‘41 U.S.C.254b)’’ and adding ‘‘41 U.S.C. chapter 35)’’ in its place; b. Removing from the definition ‘‘Chief Acquisition Officer’’ the words ‘‘to the Services Acquisition Reform Act of 2003, Section 1421 of Public Law 108–136’’ and adding ‘‘41 U.S.C. 1702’’ in its place; c. Removing from the definition ‘‘Claim’’ the words ‘‘the Contract Disputes Act of 1978’’ and ‘‘by the Act’’ and adding ‘‘41 U.S.C. chapter 71, Contract Disputes,’’ and ‘‘by the statute’’ in its place, respectively; d. Removing from the definition ‘‘Commercially available off-the-shelf (COTS) item’’, in paragraph (2), ‘‘section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’ and adding ‘‘46 U.S.C. 40102(4),’’ in its place; e. Removing from the first sentence of the definition ‘‘Cost or pricing data’’ the words ‘‘41 U.S.C. 254b)’’ and adding ‘‘41 U.S.C. chapter 35) in its place; f. Removing from the definition ‘‘Humanitarian or peacekeeping PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 operation’’ the citation ‘‘41 U.S.C. 259(d)’’ and adding ‘‘41 U.S.C. 153(2)’’ in its place; g. Revising the definition ‘‘Ineligible’’; h. Removing from the definition ‘‘Major system’’, in paragraph (3), ‘‘41 U.S.C. 403’’ and adding ‘‘41 U.S.C. 109’’ in its place; i. Revising the definition ‘‘Micropurchase threshold’’; j. Revising the definition ‘‘Senior procurement executive’’; k. Removing from the definition ‘‘Simplified acquisition threshold’’ in the introductory paragraph, ‘‘(41 U.S.C. 428a)’’ and adding ‘‘(41 U.S.C. 1903)’’ in its place; l. Removing from the definition ‘‘Technical data’’ the words ‘‘(See 41 U.S.C. 403(8))’’ and adding ‘‘(See 41 U.S.C. 116)’’ in its place; and m. Revising the definition ‘‘Value engineering’’ to read as follows: 2.101 Definitions. * * * * * (b) * * * (2) * * * Ineligible means excluded from Government contracting (and subcontracting, if appropriate) pursuant to statutory, Executive order, or regulatory authority other than this regulation (48 CFR Chapter 1) and its implementing and supplementing regulations; for example, pursuant to— E:\FR\FM\18SEP3.SGM 18SEP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules (1) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction), and its related statutes and implementing regulations; (2) 41 U.S.C. chapter 67, Service Contract Labor Standards; (3) The Equal Employment Opportunity Acts and Executive orders; (4) 41 U.S.C. chapter 65, Contracts for Material, Supplies, Articles, and Equipment Exceeding $15,000; (5) 41 U.S.C. chapter 83, Buy American; or (6) The Environmental Protection Acts and Executive orders. * * * * * Micro-purchase threshold means $3,000, except it means— (1) For acquisitions of construction subject to 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction), $2,000; (2) For acquisitions of services subject to 41 U.S.C. chapter 67, Service Contract Labor Standards, $2,500; and (3) For acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical or radiological attack as described in 13.201(g)(1), except for construction subject to 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction) (41 U.S.C. 1903]— (i) $15,000 in the case of any contract to be awarded and performed, or purchase to be made, inside the United States; and (ii) $30,000 in the case of any contract to be awarded and performed, or purchase to be made, outside the United States. * * * * * Senior procurement executive means the individual appointed pursuant to 41 U.S.C. 1702(c) who is responsible for management direction of the acquisition system of the executive agency, including implementation of the unique acquisition policies, regulations, and standards of the executive agency. * * * * * Value engineering means an analysis of the functions of a program, project, system, product, item of equipment, building, facility, service, or supply of an executive agency, performed by qualified agency or contractor personnel, directed at improving performance, reliability, quality, safety, and life-cycle costs 41 U.S.C. 1711). For use in the clause at 52.248–2, see the definition at 52.248–2(b). * * * * * VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 PART 3—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST 12. Amend section 3.104–1 in the definition ‘‘Contractor bid or proposal information’’ by revising paragraph (1); and removing from the definition ‘‘Federal agency procurement’’ the words ‘‘of the Act’’ and adding ‘‘of 41 U.S.C. chapter 21’’ in its place. The revised text reads as follows: 3.104–1 Definitions. * * * * * Contractor bid or proposal information * * * (1) Cost or pricing data (as defined by 10 U.S.C. 2306a(h)) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(2), with respect to procurements subject to that section. * * * * * 13. Amend section 3.104–2 by revising paragraph (a) to read as follows: 3.104–2 General. (a) This section implements 41 U.S.C. chapter 21, Restrictions on Obtaining and Disclosing Certain Information. Agency supplementation of 3.104, including specific definitions to identify individuals who occupy positions specified in 3.104–3(d)(1)(ii), and any clauses required by 3.104 must be approved by the senior procurement executive of the agency, unless a law establishes a higher level of approval for that agency. * * * * * 3.104–3 [Amended] 14. Amend section 3.104–3 by— a. Removing from the introductory text of paragraph (a) ‘‘(subsection 27(a) of the Act)’’ and adding ‘‘(41 U.S.C. 2102)’’ in its place; b. Removing from paragraph (b) ‘‘(subsection 27(b) of the Act)’’ and adding ‘‘(41 U.S.C. 2102)’’ in its place; c. Removing from the introductory text of paragraph (c) ‘‘(subsection 27(c) of the Act)’’ and adding ‘‘(41 U.S.C. 2103)’’ in its place; d. Removing from paragraph (c)(4) ‘‘(subsection 27(c) of the Act)’’ and adding ‘‘(41 U.S.C. 2103)’’ in its place; and e. Removing from the introductory text of paragraph (d) ‘‘subsection 27(d) of the Act’’ and adding ‘‘(41 U.S.C. 2103)’’ in its place. 3.104–4 [Amended] 15. Amend section 3.104–4 by removing from paragraph (f)(1) ‘‘section 27 of the Act’’ and adding ‘‘41 U.S.C. chapter 21’’ in its place. PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 3.104–6 57953 [Amended] 16. Amend section 3.104–6 by removing from paragraphs (a), (c), and (d)(3) ‘‘subsection 27(d) of the Act’’ and adding ‘‘41 U.S.C. 2104’’ in its place. 3.104–7 [Amended] 17. Amend section 3.104–7 by— a. Removing from the introductory text of paragraph (a) ‘‘subsection 27(a), (b), (c), or (d) of the Act’’ and adding ‘‘41 U.S.C. 2102, 2103 or 2104’’ in its place; b. Removing from paragraph (b)(5) ‘‘subsection 27(e) of the Act’’ and adding ‘‘41 U.S.C. 2105’’ in its place; c. Removing from paragraph (c) ‘‘the Act’’ and adding ‘‘41 U.S.C. chapter 21’’ in its place; and d. Removing from the introductory text of paragraph (d) ‘‘section 27 of the Act’’ and adding ‘‘41 U.S.C. chapter 21’’ in its place; e. Removing from paragraph (d)(2)(ii)(A) ‘‘subsections 27(a) or (b) of the Act’’ and adding ‘‘41 U.S.C. 2102’’ in its place; and f. Removing from paragraph (d)(2)(ii)(B) ‘‘subsection 27(c)(1) of the Act’’ and adding ‘‘41 U.S.C. 2105(a)’’ in its place. 3.104–8 [Amended] 18. Amend section 3.104–8 by removing from the introductory paragraph ‘‘the Act’’ and adding 41 U.S.C. chapter 21’’ in its place; and removing from paragraphs (a) and (b) ‘‘subsection 27(e) of the Act’’ and adding ‘‘41 U.S.C. 2105’’ in its place. 3.303 [Amended] 19. Amend section 3.303 by removing from paragraph (a) ‘‘41 U.S.C. 253b(i)’’ and adding ‘‘41 U.S.C. 3707’’ in its place; and removing from paragraph (c)(5) ‘‘let by’’ and adding ‘‘awarded by’’ in its place. 3.400 [Amended] 20. Amend section 3.400 by removing ‘‘41 U.S.C. 254(a)’’ and adding ‘‘41 U.S.C. 3901’’ in its place. 3.402 [Amended] 21. Amend section 3.402 by removing from the introductory paragraph ‘‘41 U.S.C. 254(a)’’ and adding ‘‘41 U.S.C. 3901’’ in its place. 3.502–1 [Amended] 22. Amend section 3.502–1 by removing from the definition ‘‘Kickback’’ ‘‘, directly or indirectly,’’. 23. Amend section 3.502–2 by— a. Revising the introductory text, and paragraphs (d)(3) and (g); b. Removing from the introductory text of paragraph (h), and paragraphs (i)(1), and (i)(2) ‘‘the Act’’ and adding ‘‘Kickbacks statute’’ in its place; and E:\FR\FM\18SEP3.SGM 18SEP3 57954 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 27. Amend section 3.705 by revising paragraph (e) to read as follows: c. Revising (j) to read as follows: 3.502–2 Subcontractor Kickbacks. The Anti-Kickback Act of 1986 (now codified at 41 U.S.C. chapter 87, Kickbacks,) was passed to deter subcontractors from making payments and contractors from accepting payments for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contractor a subcontract relating to a prime contract. The Kickbacks statute— * * * * * (d) Provides that— (3) An offset under subparagraph (d)(1) or a direction under subparagraph (d)(2) of this subsection is a claim by the Government for the purposes of 41 U.S.C. chapter 71, Contract Disputes. * * * * * (g) Requires a prime contractor or subcontractor to report in writing to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General any possible violation of the Kickbacks statute when the prime contractor or subcontractor has reasonable grounds to believe such violation may have occurred. * * * * * (j) Notwithstanding paragraph (i) of this subsection, a prime contractor shall cooperate fully with any Federal Government agency investigating a violation of 41 U.S.C. 8702 (See also 41 U.S.C. 8703(b)). 3.705 3.503–1 PART 4—ADMINISTRATIVE MATTERS [Amended] 24. Amend section 3.503–1 by removing ‘‘41 U.S.C. 253g’’ and adding ‘‘41 U.S.C. 4704’’ in its place. 25. Amend section 3.703 by revising the introductory text of paragraph (b) and (b)(1) to read as follows: 3.703 Authority. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * * * * * (b) 41 U.S.C. 2105(c) requires a Federal agency, upon receiving information that a contractor or a person has violated 41 U.S.C. 2102, to consider rescission of a contract with respect to which— (1) The contractor or someone acting for the contractor has been convicted for an offense punishable under 41 U.S.C. 2105(a); or * * * * * 3.704 [Amended] 26. Amend section 3.704 by removing from the introductory text of paragraph (c) ‘‘subsection 27(e) of the OFPP Act’’ and adding ‘‘41 U.S.C. 2105’’ in its place. VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 Procedures. * * * * * (e) Final agency decision. The final agency decision shall be based on the information available to the agency head or designee, including any pertinent information submitted or, if a hearing was held, presented at the hearing. If the agency decision declares void and rescinds the contract, the final decision shall specify the amounts due and property to be returned to the agency, and reflect consideration of the fair value of any tangible benefits received and retained by the agency. Notice of the decision shall be sent promptly by certified mail, return receipt requested. Rescission of contracts under the authority of the Act and demand for recovery of the amounts expended and property transferred therefore, is not a claim within the meaning of 41 U.S.C. chapter 71, Contract Disputes, or part 33. Therefore, the procedures required by the statute and the FAR for the issuance of a final contracting officer decision are not applicable to final agency decisions under this subpart, and shall not be followed. 28. Amend section 3.900 by revising paragraph (a) to read as follows: 3.900 Scope of subpart. (a) Sections 3.901 through 3.906 of this subpart implements 10 U.S.C. 2409 and 41 U.S.C. 4705. * * * * * owned small, HUBZone small, small disadvantaged, women-owned small business concerns, and AbilityOne nonprofit agencies operating under 41 U.S.C. chapter 85, Committee for Purchase from People Who Are Blind or Severely Disabled, are sharing in Federal contracts; * * * * * 4.805 [Amended] 32. Amend section 4.805 by removing from paragraph (b)(1) ‘‘Act’’ and adding ‘‘statute’’ in its place. 4.1202 [Amended] 33. Amend section 4.1202 by— (a) Removing from paragraphs (p) and (q) ‘‘Act’’ and adding ‘‘Labor Standards’’ in its place; (b) Removing from paragraph (u) ‘‘Buy American Act’’ and adding ‘‘Buy American Certificate.’’ in their places; and (c) Removing from paragraph (v) ‘‘Buy American Act’’ and adding ‘‘Buy American-Free’’ in its place. PART 5—PUBLICIZING CONTRACT ACTIONS 34. Amend section 5.101 by revising the introductory text of paragraph (a) to read as follows: 5.101 Methods of disseminating information. 29. Revise section 4.500 to read as follows: (a) As required by the Small Business Act (15 U.S.C. 637(e)) and 41 U.S.C. 1708, contracting officers must disseminate information on proposed contract actions as follows: * * * * * 35. Amend section 5.201 by revising paragraph (a) to read as follows: 4.500 5.201 Scope of subpart. This subpart provides policy and procedures for the establishment and use of electronic commerce in Federal acquisition as required by 41 U.S.C. 2301. 4.502 [Amended] 30. Amend section 4.502 by removing from the introductory text of paragraph (b) ‘‘Section 30 of the OFPP Act (41 U.S.C. 426)’’ and adding ‘‘41 U.S.C. 2301’’ in its place. 31. Amend section 4.602 by revising paragraph (a)(2) to read as follows: 4.602 General. (a) * * * * * * * * (2) A means of measuring and assessing the effect of Federal contracting on the Nation’s economy and the extent to which small, veteranowned small, service-disabled veteran- PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 General. (a) As required by the Small Business Act (15 U.S.C. 637(e)) and 41 U.S.C. 1708, agencies must make notices of proposed contract actions available as specified in paragraph (b) of this section. * * * * * 36. Amend section 5.202 by revising paragraph (a)(4) to read as follows: 5.202 Exceptions. * * * * * (a) * * * (4) The proposed contract action is expressly authorized or required by a statute to be made through another Government agency, including acquisitions from the Small Business Administration (SBA) using the authority of section 8(a) of the Small Business Act (but see 5.205(f)), or from a specific source such as a workshop for the blind under the rules of the E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules Committee for the Purchase from People Who Are Blind or Severely Disabled; * * * * * 37. Amend section 5.207 by removing from paragraph (c)(14)(i) ‘‘Act’’; and revising paragraph (c)(14)(iii) to read as follows: 5.207 Preparation and transmittal of synopses. * * * * * (c) * * * (14) * * * (iii) If the solicitation will include the FAR clause at 52.225–11, Buy American-Construction Materials under Trade Agreements, 52.225–23, Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials under Trade Agreements, or an equivalent agency clause, insert the following notice in the synopsis: ‘‘One or more of the items under this acquisition is subject to the World Trade Organization Government Procurement Agreement and Free Trade Agreements.’’ * * * * * PART 6—COMPETITION REQUIREMENTS 6.000 [Amended] 38. Amend Section 6.000 by removing ‘‘and competition advocates’’ and adding ‘‘and advocates for competition’’ in its place. 6.101 [Amended] 39. Amend section 6.101 by removing from paragraphs (a) and (b) ‘‘41 U.S.C. 253’’ and adding ‘‘41 U.S.C. 3301’’ in their places. 6.102 [Amended] 40. Amend section 6.102 by removing from paragraph (d)(3) ‘‘41 U.S.C. 259(b)(3)(A)’’ and adding ‘‘41 U.S.C. 152(3)(A)’’ in its place. 6.301 [Amended] 41. Amend section 6.301 by removing from paragraph (a) ‘‘41 U.S.C. 253(c)’’ and adding ‘‘41 U.S.C. 3304’’ in its place (twice). mstockstill on DSK4VPTVN1PROD with PROPOSALS3 6.302–1 [Amended] 42. Amend section 6.302–1 by— (a) Removing from paragraph (a)(1) ‘‘41 U.S.C. 253(c)(1)’’ and adding ‘‘41 U.S.C. 3304(a)(1)’’; (b) Removing from paragraph (a)(2)(i)(C) ‘‘41 U.S.C. 253(d)(1)(A)’’ and adding ‘‘41 U.S.C. 3304(b)(1)’’; and (c) Removing from paragraph (a)(2)(ii)(B) ‘‘41 U.S.C. 253(d)(1)(B)’’ and adding ‘‘41 U.S.C. 3304(b)(2)’’ in its place. VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 6.302–2 [Amended] 6.305 43. Amend section 6.302–2 by removing from paragraph (a)(1) ‘‘41 U.S.C. 253(c)(2)’’ and adding ‘‘41 U.S.C. 3304(a)(2)’’ in its place. 6.302–3 [Amended] 44. Amend section 6.302–3 by removing from paragraph (a)(1) ‘‘41 U.S.C. 253(c)(3)’’ and adding ‘‘41 U.S.C. 3304(a)(3)’’ in its place. 6.302–4 [Amended] 45. Amend section 6.302–4 by removing from paragraph (a)(1) ‘‘41 U.S.C. 253(c)(4)’’ and adding ‘‘41 U.S.C. 3304(a)(4)’’ in its place. 46. Amend section 6.302–5 by revising paragraphs (a)(1), (b)(2), (c)(1)(ii), and (c)(1)(iii) to read as follows: 6.302–5 Authorized or required by statute. (a) Authority. (1) Citations: 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5). * * * * * (b) * * * (2) Qualified nonprofit agencies for the blind or other severely disabled—41 U.S.C. chapter 85, Committee for Purchase From People Who Are Blind or Severely Disabled (see subpart 8.7). * * * * * (c) Limitations. (1) * * * (ii) Refers to 10 U.S.C. 2304(k) for armed services acquisitions or 41 U.S.C. 3105 for civilian agency acquisitions; and (iii) States that award to that entity shall be made in contravention of the merit-based selection procedures in 10 U.S.C. 2304(k) or 41 U.S.C. 3105, as appropriate. However, this limitation does not apply— * * * * * 6.302–6 [Amended] 47. Amend section 6.302–6 by removing from paragraph (a)(1) ‘‘41 U.S.C. 253(c)(6)’’ and adding ‘‘41 U.S.C. 3304(a)(6)’’ in its place. 6.302–7 [Amended] 48. Amend section 6.302–7 by removing from paragraph (a)(1) ‘‘41 U.S.C. 253(c)(7)’’ and adding ‘‘41 U.S.C. 3304(a)(7)’’ in its place. 6.304 [Amended] 49. Amend section 6.304 by removing from paragraph (a)(2) ‘‘by the competition advocate’’ and adding ‘‘by the advocate for competition’’; and by removing from paragraph (a)(4) ‘‘the OFPP Act (41 U.S.C. 414(3))’’ and adding ‘‘41 U.S.C. 1702(c)’’ in its place. PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 57955 [Amended] 50. Amend section 6.305 by removing from paragraph (a) ‘‘41 U.S.C. 253(j).’’ and adding ‘‘41 U.S.C. 3304(f).’’ in its place. 51. Amend subpart 6.5 by revising the heading as set forth below: SUBPART 6.5—ADVOCATES FOR COMPETITION 52. Amend section 6.501 by revising the introductory paragraph to read as follows: 6.501 Requirement. As required by 41 U.S.C. 1705, the head of each executive agency shall designate an advocate for competition for the agency and for each procuring activity of the agency. The advocates for competition shall— * * * * * 6.502 [Amended] 53. Amend section 6.502 by removing from paragraphs (a) and (b) ‘‘competition advocates’’ and adding ‘‘advocates for competition’’ in their places. PART 7—ACQUISTION PLANNING 7.102 [Amended] 54. Amend section 7.102 by removing from paragraph (a)(1) ‘‘41 U.S.C. 251, et seq.’’ and adding ‘‘41 U.S.C. 3307’’ in its place; and removing from paragraph (a)(2) ‘‘10 U.S.C. 2301(a)(5) and 41 U.S.C. 253a(a)(1)’’ and adding ‘‘10 U.S.C. 2305(a)(1)(A) and 41 U.S.C. 3306(a)(1)’’ in its place. 7.103 [Amended] 55. Amend section 7.103 by— a. Removing from paragraph (a) ‘‘41 U.S.C. 253a(a)(1))’’ and adding ‘‘10 U.S.C. 2305(a)(1)(A) and 41 U.S.C. 3306(a)(1)’’ in its place; b. Removing from paragraph (b) ‘‘41 U.S.C. 251, et seq.’’ and adding ‘‘41 U.S.C 3307’’ in its place; and c. Removing from paragraph (c) ‘‘41 U.S.C. 253a(a)(1)’’ and adding ‘‘41 U.S.C. 3306(a)(1)’’ in its place. 7.104 [Amended] 56. Amend section 7.104 by removing from paragraph (c) ‘‘competition advocate’’ and adding ‘‘advocate for competition’’ in its place. 7.108 [Amended] 57. Amend section 7.108 by removing from the introductory paragraph ‘‘section 1428 of Public Law 108–136’’ and adding ‘‘41 U.S.C. 3306(f)’’ in its place. E:\FR\FM\18SEP3.SGM 18SEP3 57956 7.202 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules [Amended] 58. Amend section 7.202 by removing from paragraph (a) ‘‘10 U.S.C. 2384(a) and 41 U.S.C. 253f’’ and adding ‘‘10 U.S.C. 2384a and 41 U.S.C. 3310’’ in its place. PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES 8.401 8.701 [Amended] 59. Amend section 8.401 in the definition ‘‘Multiple Award Schedule (MAS)’’ by removing ‘‘Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.) and Title’’ and adding ‘‘41 U.S.C. 152(3), Competitive Procedures, and’’ in its place. 8.403 (a) 41 U.S.C. chapter 85, Committee for Purchase from People Who Are Blind or Severely Disabled; and (b) The rules of the Committee Purchase from People Who Are Blind or Severely Disabled (41 CFR Chapter 51), which implements the AbilityOne program. [Amended] 60. Amend section 8.403 by removing from the introductory text of paragraph (c) ‘‘Public Law 108–136’’ and adding ‘‘Public Law 108–136 (40 U.S.C. 1103 note)’’ in its place. 8.702 8.405–3 8.704 [Amended] 61. Amend section 8.405–3 by removing from paragraph (e)(3) ‘‘competition advocate’’ and adding ‘‘advocate for competition’’ in its place. 8.405–6 [Amended] 62. Amend section 8.405–6 by removing from paragraph (d)(2) ‘‘competition advocate’’ and adding ‘‘advocate for competition’’ in its place. 8.602 [Amended] 63. Amend section 8.602 by removing from the introductory text of paragraph (a) ‘‘(Pub. L. 108–447)’’ and adding ‘‘(Pub. L. 108–447) (18 U.S.C. 4124 note)’’ in its place. 64. Amend section 8.603 by revising the introductory text of paragraph (a); and removing from paragraph (a)(1) ‘‘(41 U.S.C. 48)’’ and adding ‘‘(41 U.S.C. 8504)’’ in its place. The revised text reads as follows: 8.603 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 [Amended] 66. Amend section 8.701 by— a. Removing from the definition ‘‘Procurment List’’ ‘‘the Javits-WagnerO’Day Act’’ and adding ‘‘41 U.S.C. chapter 85’’ in its place; and b. Removing from the definition ‘‘Nonprofit agency serving people who are blind,’’ the words ‘‘the Act’’ and adding ‘‘41 U.S.C. chapter 85’’ in its place. Purchase priorities. FPI and nonprofit agencies participating in the AbilityOne Program under 41 U.S.C. chapter 85, Committee for Purchase from People Who Are Blind or Severely Disabled (see Subpart 8.7), may produce identical supplies or services. When this occurs, ordering offices shall purchase supplies and services in the following priorities: * * * * * 65. Revise section 8.700 to read as follows: 8.700 Scope of subpart. VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 [Amended] 68. Amend section 8.704 by removing from the introductory text of paragraph (a) ‘‘The Javits-Wagner-O’Day Act’’ and adding ‘‘41. U.S.C. chapter 85’’ in its place; and removing from paragraph (a)(1)(i) ‘‘(41 U.S.C. 48)’’ and adding ‘‘(41 U.S.C. 8504)’’ in its place. 8.1104 [Amended] 69. Amend section 8.1104 by removing from paragraph (e)(3) ‘‘WalshHealey Public Contracts Act’’ and adding ‘‘Contracts for Materials, Supplies. Articles, and Equipment Exceeding $15,000’’ in its place. PART 9—CONTRACTOR QUALIFICATIONS 9.102 9.402 [Amended] 74. Amend section 9.402 by removing from paragraph (d) ‘‘(Pub. L. 110–417)’’ and adding ‘‘(Pub. L. 110–417) (31 U.S.C. 6101 note)’’ in its place. 75. Amend section 9.406–2 by revising the introductory text of paragraph (b)(1)(ii) to read as follows: 9.406–2 [Amended] Causes for debarment. * * * * * (b) * * * (ii) Violations of 41 U.S.C. chapter 81, Drug-Free Workplace, as indicated by— * * * * * 9.406–4 67. Amend section 8.702 by removing from paragraph (c) ‘‘the Javits-WagnerO’Day Act’’ and adding ‘‘41 U.S.C. chapter 85’’ in its place. [Amended] 76. Amend section 9.406–4 by removing from paragraph (a)(1)(i) ‘‘the Drug-Free Workplace Act of 1988’’ and adding ‘‘41 U.S.C. chapter 81, Drug Free Workplace’’ in its place. 77. Amend section 9.407–2 by revising the introductory text of paragraph (a)(4) to read as follows: 9.407–2 Causes for suspension. (a) * * * (4) Violations of 41 U.S.C. chapter 81, Drug-Free Workplace, as indicated by— * * * * * PART 10—MARKET RESEARCH 10.000 [Amended] 78. Amend section 10.000 by removing ‘‘41 U.S.C. 253a(a)(1), 41 U.S.C. 264b’’ and adding ‘‘41 U.S.C. 3306(a)(1), 41 U.S.C. 3307’’ in its place. 70. Amend section 9.102 by removing from paragraph (b)(3) ‘‘the blind or other severely handicapped’’ and adding ‘‘people who are blind or severely disabled’’ in its place. 71. Amend section 9.107 by revising the section heading; and removing from paragraph (a) ‘‘41. U.S.C. 46–48c’’ and adding ‘‘41 U.S.C. chapter 85’’ in its place. The revised text reads as follows: PART 11—DESCRIBING AGENCY NEEDS 9.107 Surveys of nonprofit agencies participating in the AbilityOne Program. 11.103 * * 9.200 * * * [Amended] 72. Amend section 9.200 by removing ‘‘41 U.S.C. 253(e)’’ and adding ‘‘41 U.S.C. 3311’’ in its place. 9.202 This subpart prescribes the policies and procedures for implementing— [Amended] advocate’’ and adding ’’ advocate for competition’’ in its place (twice). [Amended] 73. Amend section 9.202 by removing from paragraph (b) ‘‘competition PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 11.002 [Amended] 79. Amend section 11.002 by removing from the introductory text of paragraph (a) ‘‘41 U.S.C. 253a(a), and 41 U.S.C. 264b’’ and adding ‘‘41 U.S.C. 3306(a), and 41 U.S.C. 3307’’ in its place. [Amended] 80. Amend section 11.103 by removing from the introductory text of paragraph (a) ‘‘Section 8002(c) of Pub. L. 103–355’’ and adding ‘‘41 U.S.C. 3307(e)’’ in its place. 11.500 [Amended] 81. Amend section 11.500 by removing ‘‘Act’’ and adding ‘‘statute’’ in its place. E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules Act (41 U.S.C. 430 and 431)’’ and adding ‘‘41 U.S.C. 1906 and 1907’’ in its place. PART 12—ACQUISITION OF COMMERCIAL ITEMS 12.000 [Amended] 82. Amend section 12.000 by removing ‘‘Title VIII of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355)’’ and adding ‘‘41 U.S.C. 1906, 1907, and 3307 and 10 U.S.C. 2375–2377’’ in its place. 12.102 [Amended] 83. Amend section 12.102 by removing from the introductory text of paragraph (g)(1) ‘‘section 1431 of the National Defense Authorization Act for Fiscal Year 2004 (Public law 108–136) (41 U.S.C. 437)’’ and adding ‘‘41 U.S.C. 2310’’ in its place. 84. Revise section 12.103 to read as follows: 12.103 Commercially available of-the-shelf (COTS) items. Commercially available off-the-shelf (COTS) items are defined in 2.101. Unless indicated otherwise, all of the policies that apply to commercial items also apply to COTS items. Section 12.505 lists the laws that are not applicable to COTS items (in addition to 12.503 and 12.504); the components test of the Buy American statute, and the two recovered materials certifications in Subpart 23.4, do not apply to COTS items. 85. Revise section 12.201 to read as follows: 12.201 General. This subpart identifies special requirements for the acquisition of commercial items intended to more closely resemble those customarily used in the commercial marketplace, as well as other considerations necessary for proper planning, solicitation, evaluation, and award of contracts for commercial items. 12.301 [Amended] 86. Amend section 12.301 by removing from the introductory text of paragraph (a) ‘‘Section 8002 of Public Law 103–355 (41 U.S.C. 264, note)’’ and adding ‘‘41 U.S.C. 3307’’ in its place. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 12.404 [Amended] 87. Amend section 12.404 by removing from the introductory text of paragraph (b) ‘‘The Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 264 note)’’ and adding ‘‘41 U.S.C. 3307(e)(5)(B)’’ in its place. 12.500 [Amended] 88. Amend section 12.500 by removing from the introductory text of paragraph (a) ‘‘sections 34 and 35 of the Office of Federal Procurement Policy VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 12.502 [Amended] 89. Amend section 12.502 by removing from paragraph (b) ‘‘and Commercial Components’’. 90. Amend section 12.503 by— a. Revising paragraphs (a)(1) through (a)(4), (a)(7), (a)(8), (b)(1), and (b)(2); b. Removing from paragraph (c)(1) ‘‘41 U.S.C. 253g’’ and adding ‘‘41 U.S.C. 4704’’ in its place; c. Revising paragraph (c)(2); and d. Removing from paragraph (c)(3) ‘‘41 U.S.C. 422’’ and adding ‘‘41 U.S.C. chapter 15’’ in its place. The revised text reads as follows: 12.503 Applicability of certain laws to executive agency contracts for the acquisition of commercial items. (a) * * * (1) 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (see subpart 22.6). (2) 41 U.S.C. 3901(b) and 10 U.S.C. 2306(b), Contingent Fees (see 3.404). (3) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see 5.203). (4) 41 U.S.C. chapter 81, Drug-Free Workplace (see 23.501). * * * * * (7) Section 806(a)(3) of Pub. L. 102– 190, as amended by Sections 2091 and 8105 of Pub. L. 103–355 (10 U.S.C. 2302 note), Payment Protections for Subcontractors and Suppliers (see 28.106–6). (8) 41 U.S.C. 4706(d)(1) and 10 U.S.C. 2313(c)(1), GAO Access to Contractor Employees, Section 871 of Pub. L. 110– 417 (see 52.214–26 and 52.215–2). * * * * * (b) * * * (1) 40 U.S.C. chapter 37, Requirement for a certificate and clause under the Contract Work Hours and Safety Standards statute (see 22.305). (2) 41 U.S.C. 8703 and 8704, Requirement for a clause and certain other requirements related to kickbacks (see 3.502). * * * * * (c) * * * (2) 41 U.S.C. chapter 35, Truthful Cost or Pricing Data, and 10 U.S.C. 2306a, Truth in Negotiations (see 15.403). * * * * * 91. Amend section 12.504 by— a. Revising paragraph (a)(4) through (a)(6); b. Removing from paragraph (a)(7) ‘‘41 U.S.C. 254d(c)’’ and adding ‘‘41 U.S.C. 1708(e)(3)’’ in its place; c. Revising paragraphs (a)(8) through (a)(10); PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 57957 d. Removing from paragraph (a)(13) ‘‘Pub. L. 103–355’’ and adding ‘‘Pub. L. 103–355 (10 U.S.C. 2302 note)’’ in its place; e. Removing from paragraph (b) ‘‘Act, 40 U.S.C. 3701, et seq.’’ and adding ‘‘statute, 40 U.S.C. chapter 37’’ in its place; and f. Revising paragraphs (c)(1) through (c)(3). The revised text reads as follows: 12.504 Applicability of certain laws to subcontracts for the acquisition of commercial items. (a) * * * (4) 41 U.S.C. 6505, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (see Subpart 22.6). (5) 41 U.S.C. 4703, Validation of Property Data restrictions (see subpart 27.4). (6) 41 U.S.C. 3901(b) and 10 U.S.C. 2306(b), Contingent Fees (see subpart 3.4). * * * * * (8) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see subpart 5.2). (9) 41 U.S.C. 2302, Rights in Technical Data (see subpart 27.4) (10) 41 U.S.C. chapter 81, Drug-Free Workplace (see subpart 23.5). * * * * * (c) * * * (1) 41 U.S.C. 4704 and 10 U.S.C. 2402, Prohibition on Limiting Subcontractor Direct Sales to the United States (see subpart 3.5). (2) 41 U.S.C. chapter 35, Truthful Cost or Pricing Data, and 10 U.S.C. 2306a, Truth in Negotiations (see subpart 15.4) (3) 41 U.S.C. chapter 15, Cost Accounting Standards (48 CFR chapter 99) (see 12.214). 92. Amend section 12.505 by revising paragraphs (a)(1) and (a)(2) to read as follows: 12.505 Applicability of certain laws to contract for the acquisition of COTS items. * * * * * (a)(1) The portion of 41 U.S.C. 8302(a)(1) that reads ‘‘substantially all from articles, materials, or supplies mined, produced, or manufactured in the Unites States,’’ Buy American— Supplies, component test (see 52.225–1 and 52.225–3). (2) The portion of 41 U.S.C. 8303(a)(2) that reads ‘‘substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States,’’ Buy American— Construction Materials, component test (see 52.225–9 and 52.225–11). * * * * * E:\FR\FM\18SEP3.SGM 18SEP3 57958 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules PART 13—SIMPLIFIED ACQUISITION PROCEDURES 13.005 [Amended] 93. Amend section 13.005 by— a. Revising the section heading; b. Removing from the introductory text of paragraph (a) ‘‘threshold’’ and adding ‘‘threshold pursuant to 41 U.S.C. 1905’’ in its place; c. Removing from paragraph (a)(1) ‘‘41 U.S.C. 57(a) and (b) (Anti Kickback Act of 1986)’’ and adding ‘‘41 U.S.C. 8703 (Kickbacks statute)’’ in its place; d. Removing from paragraph (a)(2) ‘‘40 U.S.C. 3131 (Miller Act). (Although the Miller Act does’’ and adding ‘‘40 U.S.C. 3131 (Bonds Statute). (Although the Bonds Statute does’’ in its place; e. Revising paragraphs (a)(3), (a)(4), and (a)(6) through (a)(8); and f. Removing from paragraph (c)(2) ‘‘Public Law 103–355’’ and adding ‘‘Public Law 103–355 41 U.S.C. 1905’’ in its place. The revised text reads as follows: 13.005 List of laws inapplicable to contracts and subcontracts at or below the simplified acquisition threshold. (a) * * * (3) 40 U.S.C. chapter 37 (Contract Work Hours and Safety Standards— Overtime Compensation). (4) 41 U.S.C. 8102(a)(1) (Drug-Free Workplace), except for individuals. * * * * * (6) 10 U.S.C. 2306(b) and 41 U.S.C. 3901(b) (Contract Clause Regarding Contingent Fees). (7) 10 U.S.C. 2313 and 41 U.S.C. 4706 (Authority to Examine Books and Records of Contractors). (8) 10 U.S.C. 2402 and 41 U.S.C. 4704 (Prohibition on Limiting Subcontractors Direct Sales to the United States). * * * * * 13.006 [Amended] 94. Amend section 13.006 by removing from paragraph (e) the word ‘‘Act’’. 13.302–5 [Amended] mstockstill on DSK4VPTVN1PROD with PROPOSALS3 95. Amend section 13.302–5 by removing from the introductory text of paragraph (d)(3)(i) ‘‘Buy American Act’’ and adding ‘‘Buy American’’ in its place (two times). 13.500 [Amended] 96. Amend section 13.500 by removing from the introductory text of paragraph (a) ‘‘41 U.S.C. 253(g) and 253a and 253b’’ and adding ‘‘41 U.S.C. 3305, 3306, and chapter 37, Awarding of Contracts’’ in its place; and removing from paragraph (e) ‘‘41 U.S.C. 428a’’ and adding ‘‘41 U.S.C. 1903’’ in its place. VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 13.501 [Amended] 97. Amend section 13.501 by— a. Removing from paragraph (a)(1)(ii) ‘‘(section 4202 of the Clinger-Cohen Act of 1996 or the authority of the Services Acquisition Reform Act of 2003 41 U.S.C. 428a)’’ and adding ‘‘at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903’’ in its place; and b. Removing from paragraph (a)(2)(ii) ‘‘competition advocate’’ and adding ‘‘advocate for competition’’ in its place. PART 14—SEALED BIDDING 14.201–8 [Amended] 98. Amend section 14.201–8 by removing from paragraph (e) ‘‘American Act’’ and adding ‘‘American statute’’ in its place. 14.404–2 [Amended] 99. Amend section 14.202–2 by removing from paragraph (l) ‘‘41 U.S.C. 15’’ and adding ‘‘41 U.S.C. 6305’’ in its place. PART 15—CONTRACTING BY NEGOTIATION 15.207 [Amended] 100. Amend section 15.207 by removing from paragraph (b) ‘‘41 U.S.C. 423’’ and adding ‘‘41 U.S.C. chapter 21, Restrictions on Obtaining and Disclosing Certain Information’’ in its place. 15.209 [Amended] 101. Amend section 15.209 by removing from the introductory text of paragraph (b)(1) ‘‘41 U.S.C. 254d’’ and adding ‘‘41 U.S.C. 4706’’ in its place. 15.303 [Amended] 102. Amend section 15.303 by— a. Removing from paragraph (b)(4) ‘‘10 U.S.C. 2305(b)(1) and 41 U.S.C. 253b(d)(3)’’ and adding ‘‘10 U.S.C. 2305(b)(4)(C) and 41 U.S.C. 3703(c)’’ in its place; and b. Removing from paragraph (b)(6) ‘‘10 U.S.C. 2305(b)(4)(B) and 41 U.S.C. 253b(d)(3)’’ and adding (10 U.S.C. 2305(b)(4)(C) and 41 U.S.C. 3703(c)’’ in its place. 15.304 [Amended] 103. Amend section 15,304 by— a. Removing from paragraph (c)(1) ‘‘41 U.S.C. 253a(c)(1)(B)’’ and adding 41 U.S.C. 3306(c)(1)(B)’’ in its place; and removing from the end of sentence ‘‘;’’ and adding a period in its place; b. Removing from paragraph (c)(2) ‘‘41 U.S.C. 253a(c)(1)(A); and’’ and adding ‘‘3306(c)(1)(A).’’ in its place; c. Removing from paragraph (d) ‘‘41 U.S.C. 253a(b)(1)(A)’’ and adding ‘‘41 U.S.C. 3306(b)(1)(A)’’ in its place; and PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 d. Removing from paragraph (e)(3) ‘‘41 U.S.C. 253a(c)(1)(C)’’ and adding ‘‘41 U.S.C. 3306(c)(1)(C)’’ in its place. 15.306 [Amended] 104. Amend section 15.306 by— a. Removing from paragraph (a)(3) ‘‘41 U.S.C. 253b(d)(1)(B)’’ and adding ‘‘41 U.S.C. 3703(a)(2)’’ in its place; b. Removing from paragraph (c)(2) ‘‘41 U.S.C. 253b(d)’’ and adding ‘‘41 U.S.C. 3703’’ in its place; and c. Removing from paragraphs (e)(3) and (e)(5) ‘‘41 U.S.C. 423(h)(1)(2)’’ and adding ‘‘41 U.S.C. 2102 and 2107’’ in its place (two times). 15.401 [Amended] 105. Amend section 15.401 by removing from the definition ‘‘Subcontract’’ the citation ‘‘41 U.S.C. 254b’’ and adding ‘‘41 U.S.C. chapter 35’’ in its place. 106. Amend section 15.403–1 by— a. Revising the section heading; b. Removing from paragraph (c)(3)(ii) ‘‘section 868 of Pub. L. 110–417’’ and adding ‘‘41 U.S.C. 3501’’ in its place; c. Removing from paragraph (c)(3)(ii)(A) ‘‘41 U.S.C. 254b’’ and adding ‘‘41 U.S.C. chapter 35 in its place’’; and d. Removing from paragraph (c)(3)(iv) ‘‘41 U.S.C. 428a’’ and adding ‘‘41 U.S.C. 1903’’ in its place. The revised text reads as follows: 15.403–1 Prohibition on obtaining certifies cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. chapter 35). * * 15.403–3 * * * [Amended] 107. Amend section 15.403–3 by— a. Removing from paragraph (a)(1)(ii) ‘‘41 U.S.C. 254b(d)(1)’’ and adding ‘‘41 U.S.C. 3505(a)’’ in its place; and b. Removing from paragraph (c)(2) 41 U.S.C. 254b(d)(2)’’ and adding ‘‘41 U.S.C. 3505(b)’’ in its place. 108. Amend section 15.403–4 by revising the section heading to read as follows: 15.403–4 Requiring certified cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. chapter 35). * * 15.404–1 * * * [Amended] 109. Amend section 15.404–1 by removing from paragraph (f)(2) ‘‘10 U.S.C. 2304 and 41 U.S.C. 254(d)(5)(A)(i)’’ and adding ‘‘10 U.S.C. 2306a(b)(1)(A)(i) and 41 U.S.C. 3503(a)(1)(A)’’ in its place. 15.404–2 [Amended] 110. Amend section 15.404–2 by removing from paragraph (c)(2) ‘‘41 E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules U.S.C. 254d’’ and adding ‘‘41 U.S.C. 4706’’ in its place. 15.404–4 [Amended] 111. Amend section 15.404–4 by removing from paragraph (c)(4)(i) ‘‘41 U.S.C. 254(b)’’ and adding ‘‘41 U.S.C. 3905’’ in its place; and removing from paragraph (d)(1)(iii) ‘‘handicapped sheltered workshops’’ and adding ‘‘sheltered workshops for workers with disabilities’’ in its place. policy and procedures for the use of multi-year contracting. 119. Amend section 17.109 by revising paragraph (b)(1) to read as follows: 17.109 Contract clauses. 112. Amend section 15.407–1 by removing from paragraph (d)(1) ‘‘Disputes Act’’ and adding ‘‘Disputes statute’’ in its place. * * * * (b) * * * (1) Shall add the clause at 52.222–43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts), when the contract includes the clause at 52.222–41, Service Contract Labor Standards; * * * * * 15.503 17.204 15.407–1 [Amended] [Amended] 113. Amend section 15.503 by removing from the introductory text of paragraph (b)(1) ‘‘41 U.S.C. 253b(c)’’ and adding ‘‘41 U.S.C. 2704’’ in its place. 15.505 [Amended] 114. Amend section 15.505 by removing from the introductory text ‘‘41 U.S.C. 253b(f)–(h)’’ and adding ‘‘41 U.S.C. 3705’’ in its place. [Amended] 115. Amend section 16.102 by— a. Removing from paragraph (b) ‘‘41 U.S.C. 254(a)’’ and adding ‘‘41 U.S.C. 3901’’ in its place; and b. Removing from paragraph (c) ‘‘41 U.S.C. 254(b)’’ and adding ‘‘41 U.S.C. 3905(a)’’ in its place. 16.501–2 [Amended] 116. Amend section 16.501–2 by removing from paragraph (a) ‘‘Pursuant to 10 U.S.C. 2304d and section 303K of the Federal Property and Administrative Service Act of 1949’’ and adding ‘‘Pursuant to 10 U.S.C. and 41 U.S.C. 4101’’ in its place. 16.505 [Amended] mstockstill on DSK4VPTVN1PROD with PROPOSALS3 117. Amend section 16.505 by— a. Removing from paragraph (a)(9) ‘‘Public Law 108–136’’ and adding ‘‘Public Law 108–136, 40 U.S.C. 1103 note’’ in its place; and b. Removing from paragraphs (b)(2)(ii)(c)(2) and (b)(6) ‘‘competition advocate’’ and adding ‘‘advocate for competition’’ in its place. 118. Revise section 17.101 to read as follows: Authority. This subpart implements 41 U.S.C. 3903 and 10 U.S.C. 2306b and provides VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 17.501 * * * * (d) The Small Business Act requires each agency with contracting authority to establish an Office of Small and Disadvantaged Business Utilization (see section (k) of the Small Business Act). For the Department of Defense, in accordance with section 904 of the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109–163) (10 U.S.C. 144 note), the Office of Small and Disadvantaged Business Utilization has been redesignated as the Office of Small Business Programs. Management of the office shall be the responsibility of an officer or employee of the agency who shall, in carrying out the purposes of the Act— * * * * * 19.800 [Amended] 125. Amend section 19.800 by removing from paragraph (a) ‘‘agencies and let’’ and adding ‘‘agencies and award’’ in its place. 19.811–1 General. [Amended] * * * * (d) An agency shall not use an interagency acquisition to make acquisitions conflicting with any other agency’s authority or responsibility (for example, that of the Administrator of General Services under title 40, United States Code, ‘‘Public Buildings, Property and Works’’ and 41 U.S.C. division C of subtitle I, Procurement. 126. Amend section 19.811–1 by removing from paragraph (b)(1) ‘‘41 U.S.C. 253(c)(5)’’ and adding ‘‘41 U.S.C. 3304(a)(5)’’ in its place. 19.1404 * [Amended] 19.1304 [Amended] 127. Amend section 19.1304 by removing from paragraph (a)(2) ‘‘JavitsWagner-O’Day Act participating’’ and adding ‘‘Ability one participating’’ in its place. [Amended] 122. Amend section 17.602 by removing from paragraph (a) ‘‘the Competition in Contracting Act of 1984’’ and adding ‘‘41 U.S.C. chapter 33’’ in its place. 128. Amend section 19.1404 by removing from paragraph (a)(2) ‘‘JavitsWagner-O’Day Act participating’’ and adding ‘‘Ability one participating’’ in its place. PART 19—SMALL BUSINESS PROGRAMS 19.1504 123. Amend section 19.000 by revising the introductory text of paragraph (a); by redesignating paragraphs (a)(1) through (a)(12) as paragraphs (a)(2) through (a)(13), respectively; and adding a new paragraph (a)(1) to read as follows: 19.000 PART 17—SPECIAL CONTRACTING METHODS 17.101 [Amended] 120. Amend section 17.204 by removing from paragraph (e) ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards Statute’’ in its place. 121. Amend section 17.501 by revising paragraph (d) to read as follows: General policy. * 17.602 PART 16—TYPES OF CONTRACTS 16.102 * 19.201 57959 Scope of part. (a) This part implements— (1) The acquisition-related sections of the Small Business Act (15 U.S.C. 631, et seq.); applicable sections of 10 U.S.C. 2302, et seq.; 41 U.S.C. 3104; 10 U.S.C. 2323; and Executive Order 12138, May 18, 1979. It covers— * * * * * 124. Amend section 19.201 by revising paragraph (d) to read as follows: PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 [Amended] 129. Amend section 19.1504 by removing from paragraph (a)(2) ‘‘JavitsWagner-O’Day Act participating’’ and adding ‘‘Ability one participating’’ in its place. PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 130. Amend section 22.001 by— a. Removing from the definition ‘‘e98’’ the words ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards statute’’ in its place; and b. Revising the definition ‘‘Wage Determination Online (WDOL)’’ to read as follows: 22.001 Definitions. * * * * * Wage Determinations OnLine (WDOL) means the Government Internet Web E:\FR\FM\18SEP3.SGM 18SEP3 57960 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules site for both Construction Wage Rate Requirements statute and Service Contract Labor Standards statute wage determinations available at https:// www.wdol.gov. * * * * * 22.102–1 [Amended] 131. Amend section 22.102–1 by removing from paragraph (h) ‘‘the handicapped’’ and adding ‘‘workers with disabilities’’ in its place. 132. Amend section 22.102–2 by revising paragraph (c) to read as follows: 22.102–2 Administration. * * * * * (c)(1) The U.S. Department of Labor is responsible for the administration and enforcement of the Occupational Safety and Health Act. The Department of Labor’s Wage and Hour Division is responsible for administration and enforcement of numerous wage and hour statutes including— (i) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction); (ii) 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; (iii) The Copeland Act (18 U.S.C. 874 and 40 U.S.C. 3145); (iv) 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000; (v) 41 U.S.C. chapter 67, Service Contract Labor Standards). (2) Contracting officers should contact the Wage and Hour Division’s regional offices when required by the subparts relating to these statutes unless otherwise specified. Addresses for these offices may be found at 29 CFR 1, Appendix B. 133. Amend section 22.202 by revising paragraph (a) to read as follows: 22.202 Contract clause. * * * * (a) The contract will be subject to 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (see Subpart 22.6), which contains a separate prohibition against the employment of convict labor; * * * * * 134. Revise section 22.300 to read as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * 22.300 apprentices, trainees, helpers, watchmen, guards, firefighters, fireguards, and workmen who perform services in connection with dredging or rock excavation in rivers or harbors, but does not include any employee employed as a seaman. Scope of Subpart. This subpart prescribes policies and procedures for applying the requirements of 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards (the statute) to contracts that may require or involve laborers or mechanics. In this subpart, the term ‘‘laborers or mechanics’’ includes VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 22.301 [Amended] 135. Amend section 22.301 by removing ‘‘Act requires’’ and adding ‘‘statue requires’’ in its place. 22.302 [Amended] 136. Amend section 22.302 by removing from paragraphs (a), (b), and (c) ‘‘the Act’’ and adding ‘‘the statue’’ in its place. 22.303 [Amended] 137. Amend section 22.303 by removing ‘‘the Act’’ and adding ‘‘the statue’’ in its place. 22.304 [Amended] 138. Amend section 22.304 by removing from paragraph (a) ‘‘the Act’’ and adding ‘‘the statue’’ in its place. 139. Amend section 22.305 by revising the introductory paragraph, paragraph (d) and paragraph (e) to read as follows: 22.305 Contract clause. Insert the clause at 52.222–4, Contract Work Hours and Safety Standards— Overtime Compensation, in solicitations and contracts (including, for this purpose, basic ordering agreements) when the contract may require or involve the employment of laborers or mechanics. However, do not include the clause in solicitations and contracts— * * * * * (d) To be performed outside the United States, Puerto Rico, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331) (29 CFR 5.15); (e) For work to be done solely in accordance with 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000, (see Subpart 22.6); * * * * * 22.401 [Amended] 140. Amend section 22.401 by removing from the definition ‘‘Laborers or mechanics’’, paragraph (1)(ii), ‘‘Standards Act’’ and adding ‘‘Standards statute’’ in its place; and removing from the definition ‘‘Wages’’ the words ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place. PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 22.402 [Amended] 141. Amend section 22.402 by removing from paragraph (b)(1)(ii) ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place. 142. Revise section 22.403–1 to read as follows: 22.403–1 Construction Wage Rate Requirements statue. 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction), formerly known as the Davis-Bacon Act, provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works within the United States, shall contain a clause (see 52.222–6) that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor. 143. Revise section 22.403–3 to read as follows: 22.403–3 Contract Work Hours and Safety Standards. 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards, requires that certain contracts (see 22.305) contain a clause (see 52.222–4) specifying that no laborer or mechanic doing any part of the work contemplated by the contract shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at not less than 1 1⁄2 times the basic rate of pay (see 22.301). 144. Amend section 22.403–4 by revising paragraph (b) to read as follows: 22.403–4 Department of Labor regulations. * * * * * (b) The Department of Labor regulations include— (1) Part 1, relating to Construction Wage Rate Requirements statute minimum wage rates; (2) Part 3, relating to the Copeland (Anti-Kickback) Act and requirements for submission of weekly statements of compliance and the preservation and inspection of weekly payroll records; (3) Part 5, relating to enforcement of the (i) Construction Wage Rate Requirements statute, (ii) Contract Work Hours and Safety Standards statute and (iii) Copeland (Anti-Kickback) Act; (4) Part 6, relating to rules of practice for appealing the findings of the Administrator, Wage and Hour Division, in enforcement cases under the various labor statutes, and by which Administrative Law Judge hearings are held; and E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules (5) Part 7, relating to rules of practice by which contractors and other interested parties may appeal to the Department of Labor Administrative Review Board, decisions issued by the Administrator, Wage and Hour Division, or administrative law judges under the various labor statutes. * * * * * 22.404 [Amended] 145. Amend section 22.404 by removing from the section heading ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements statue’’ in its place. 22.404–1 [Amended] 146. Amend section 22.404–1 by removing from paragraph (a)(2) ‘‘DavisBacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place. 22.404–11 [Amended] 147. Amend section 22.401–11 by removing ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place. 22.404–12 [Amended] 148. Amend section 22.404–12 by removing from paragraph (c)(3) ‘‘DavisBacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place; and removing from paragraph (c)(4) ‘‘Service Contract Act’’ and adding ‘‘Service Contract Labor Standards statute’’ in its place. 22.406–2 [Amended] 149. Amend section 22.406–2 by removing from the introductory text of paragraph (b)(1) ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements’’ in its place. 22.406–3 [Amended] 150. Amend section 22.406–3 by removing from paragraph (a) ‘‘DavisBacon Act’’ and adding ‘‘Construction Wage Rate Requirements’’ in its place. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 22.406–8 [Amended] Amend section 22.406–8 by— a. Removing from paragraph (d)(2)(i)(B) ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place; b. Removing from paragraph (d)(2)(ii)(D) ‘‘Standards Act’’ and adding ‘‘Standards statute’’ in its place; c. Removing from paragraph (e)(2) ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place; and d. Removing from paragraph (e)(3) ‘‘Standards Act’’ and adding ‘‘Standards statue’’ in its place. 151. Amend section 22.406–9 by— VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 a. Removing from paragraph (a) ‘‘Standards Act’’ and adding ‘‘Standards statue’’ in its place; b. Removing from paragraph (a)(1) ‘‘Davis-Bacon Act’’ and ‘‘Standards Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ and ‘‘Standards statute’’ in its place, respectively; c. Removing from paragraph (b) ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place; and d. Revising paragraph (c)(1) to read as follows: 22.406–9 Withholding from or suspension of contract payments. * * * * * (c) Disposition of contract payments withheld or suspended— (1) Forwarding wage underpayments to the Comptroller General. Upon final administrative determination, if contractor of subcontractor has not made restitution, the contracting officer must forward to the appropriate disbursing office Standard Form (SF) 1093, Schedule of Withholdings Under the Construction Wage Rate Requirements statute (40 U.S.C. chapter 31, subchapter IV) and/or Contract Work Hours and Safety Standards statute (40 U.S.C. chapter 37). Attach to the SF 1093 a list of the name, social security number, and last known address of each affected employee; the amount due each employee; employee claims if feasible; and a brief rationale for restitution. Also, the contracting officer must indicate if restitution was not made because the employee could not be located. The Government may assist underpaid employees in preparation of their claims. The disbursing office must submit the SF 1093 with attached additional data and the funds withheld (by check) to the Comptroller General (Claims Section). * * * * * 152. Amend section 22.406–10 by revising paragraph (f) to read follows: 22.406–10 Disposition of disputes concerning construction contract labor standards enforcement. * * * * * (f) The Administrator, Wage and Hour Division, may institute debarment proceedings against the contractor or subcontractor if the Administrator finds reasonable cause to believe that the contractor or subcontractor has committed willful or aggravated violations of the Contract Work Hours and Safety Standards statute or the Copeland (Anti-Kickback) Act, or any of the applicable statutes listed in 29 CFR 5.1 other than the Construction Wage Rate Requirements statute, or has committed violations of the PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 57961 Construction Wage Rate Requirements statute that constitute a disregard of its obligations to employees or subcontractors under Section 3(a) of that statute. 153. Amend section 22.406–12 by revising paragraph (b) to read as follows: 22.406–12 Cooperation with the Department of Labor. * * * * * (b) If a Department of Labor representative undertakes an investigation at a construction project, the contracting officer shall inquire into the scope of the investigation, and request to be notified immediately of any violations discovered under the Construction Wage Rate Requirements statute, the Contract Work Hours and Safety Standards statute, or the Copeland (Anti-Kickback) Act. 154. Revise section 22.406–13 to read as follows: 22.406–13 reports. Semiannual enforcement A semiannual report on compliance with and enforcement of the construction labor standards requirements of the Construction Wage Rate Requirements statute and Contract Work Hours and Safety Standards statute is required from each contracting agency. The reporting periods are October 1 through March 31 and April 1 through September 30. The reports shall only contain information as to the enforcement actions of the contracting agency and shall be prepared as prescribed in Department of Labor memoranda and submitted to the Department of Labor within 30 days after the end of the reporting period. This report has been assigned interagency report control number 1482–DOL–SA. 155. Amend section 22.407 by— a. Removing from paragraphs (a)(1) and (a)(8) ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements’’ in its place; b. Removing from paragraph (e) ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements’’ in its place; c. Removing from paragraph (e)(1) and (e)(2) Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place; d. Revising paragraphs (f) and (g); and e. Removing from paragraph (h) ‘‘Davis-Bacon Act’’ and adding ’’ Construction Wage Rate Requirements’’ in its place. The revised text reads as follows: 22.407 Solicitation provision and contract clauses. * E:\FR\FM\18SEP3.SGM * * 18SEP3 * * 57962 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules (f) Insert the clause at 52.222–31, Construction Wage Rate Requirements— Price Adjustment (Percentage Method), in solicitations and contracts if the contract is expected to be a fixed-price contract subject to the Construction Wage Rate Requirements statute that will contain option provisions by which the contracting officer may extend the term of the contract, and the contracting officer determines the most appropriate contract price adjustment method is the method at 22.404–12(c)(3). (g) Insert the clause at 52.222–32, Construction Wage Rate Requirements— Price Adjustment (Actual Method), in solicitations and contracts if the contract is expected to be a fixed-price contract subject to the Construction Wage Rate Requirements statute that will contain option provisions by which the contracting officer may extend the term of the contract, and the contracting officer determines the most appropriate method to establish contract price is the method at 22.404–12(c)(4). * * * * * 156. Revise the heading of Subpart 22.6 to read as follows: ‘‘the Act’’ and adding ‘‘the statute’’ in their places. 22.605 [Amended] 160. Amend section 22.605 by removing from paragraphs (a), (a)(1), (a)(2), (a)(3), (a)(4), and (a)(5) ‘‘the Act’’ and adding ‘‘the statute’’ in their places. 22.608 [Amended] 161. Amend section 22.608 by removing from paragraphs (a) and (b) ‘‘the Act’’ and adding ‘‘the statute’’ in their places. 162 Revise section 22.610 to read as follows: 22.610 Contract clause. The contracting officer shall insert the clause at 52.222–20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000, in solicitations and contracts covered by the statute (see 22.603, 22.604, and 22.605). 163. Revise the heading of Subpart 22.10 to read as follows: Subpart 22.10—Service Contract Labor Standards Subpart 22.6—Contracts For Materials, Supplies, Articles, and Equipment Exceeding $15,000 164. Revise section 22.1000 to read as follows: 157. Revise section 22.602 to read as follows: This subpart prescribes policies and procedures implementing the provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, the applicable provisions of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201, et seq.), and related Secretary of Labor regulations and instructions (29 CFR Parts 4, 6, 8, and 1925). 165. Amend section 22.1001 by— a. Removing the definition ‘‘Act’’; b. Removing from the definition ‘‘Contractor’’ the words ‘‘the Act’’ and adding ‘‘the statute’’ in its place; and c. Revising the definitions ‘‘Service contract’’, ‘‘United States’’, ‘‘Wage and Hour Division’’ and ‘‘Wage determination’’ to read as follows: 22.602 Statutory requirements. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Except for the exemptions at 22.604, all contracts subject to 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (the statute), and entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation (all the stock of which is beneficially owned by the United States) for the manufacture or furnishing of materials, supplies, articles, and equipment (referred to in this subpart as supplies) in any amount exceeding $15,000, shall include or incorporate by reference the stipulations required by the statute pertaining to such matters as minimum wages, maximum hours, child labor, convict labor, and safe and sanitary working conditions. 22.604–1 [Amended] 158. Amend section 22.604–1 by removing from the introductory text ‘‘the Act’’ and adding ‘‘the statute’’ in its place. 22.604–2 [Amended] 159. Amend section 22.604–2 by removing from paragraphs (a) and (a)(3) VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 22.1000 22.1001 Scope of subpart. Definitions. * * * * * Service contract means any Government contract, the principal purpose of which is to furnish services in the United States through the use of service employees, except as exempted under 41 U.S.C. 6702, see 22.1003–3 and 22.1003–4, or any subcontract at any tier thereunder. See 22.1003–5 and 29 CFR 4.130 for a partial list of services covered by the Service Contract Labor Standards statute. * * * * * United States means the 50 States, the District of Columbia, Puerto Rico, the PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.), but does not include any other place subject to U.S. jurisdiction or any U.S. base or possession within a foreign country (29 CFR 4.112). Wage and Hour Division means the unit in the Employment Standards Administration of the Department of Labor to which is assigned functions of the Secretary of Labor under the Service Contract Labor Standards statute. Wage determination means a determination of minimum wages or fringe benefits made under 41 U.S.C. 6703 or 6707(c) applicable to the employment in a given locality of one or more classes of service employees. 22.1002–1 [Amended] 166. Amend section 22.1002–1 by removing ‘‘41 U.S.C. 353(d)’’ and adding ‘‘41 U.S.C. 6707(d)’’ in its place. 167. Revise section 22.1003–2 to read as follows: 22.1003–2 Geographical coverage of the Service Contract Labor Standards statute. The Service Contract Labor Standards statute applies to service contracts performed in the United States (see 22.1001). The Service Contract Labor Standards statute does not apply to contracts performed outside the United States. 168. Amend section 22.1003–3 by revising the introductory text and paragraph (b) to read as follows: 22.1003–3 Statutory exemptions. The Service Contract Labor Standards statute does not apply to— * * * * * (b) Any work required to be done in accordance with the provisions of 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000; * * * * * 169. Amend section 22.1003–4 by— a. Revising paragraph (a); b. Removing from the introductory text of paragraph (b) ‘‘the Act’’ and adding ‘‘the Service Contract Labor Standards statute’’ in its place; c. Removing from the introductory text of paragraph (c)(1) ‘‘the Act’’ and adding ‘‘the Service Contract Labor Standards statute’’ in its place; d. Removing from paragraph (c)(3)(i) ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards statue’’ in its place; e. Removing from paragraphs (c)(3)(ii) and (c)(3)(iii) ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards’’ in its place; E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules f. Removing from paragraph (c)(4)(i) ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards statue’’ in its place; g. Removing from paragraphs (c)(4)(ii), and (d)(1) ‘‘the Act’’ and adding ‘‘the Service Contract Labor Standards statute’’ in their places; h. Removing from paragraph (d)(1)(iv) ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements statue’’ in its place; i. Removing from paragraphs (d)(3)(i), (d)(3)(ii) introductory text, and (d)(3)(iii) ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards’’ in their places; j. Removing from paragraphs (d)(4)(i) and (d)(4)(ii) ‘‘Contract Act’’ and ‘‘the Act’’ and adding ‘‘Contract Labor Standards statute’’ and ‘‘Service Contract Labor Standards statue’’ in their places; respectively; and k. Revising paragraphs (d)(5)(i) and (d)(5)(iii). The revised text reads as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS3 (a) The Secretary of Labor may provide reasonable limitations and may make rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of the Service Contract Labor Standards statute other than 41 U.S.C. 6707(f). These will be made only in special circumstances where it has been determined that the limitation, variation, tolerance, or exemption is necessary and proper in the public interest or to avoid the serious impairment of Government business, and is in accord with the remedial purpose of the Service Contract Labor Standards statute to protect prevailing labor standards (41 U.S.C. 6707(b)). See 29 CFR 4.123 for a listing of administrative exemptions, tolerances, and variations. Requests for limitations, variances, tolerances, and exemptions from the Service Contract Labor Standards statute shall be submitted in writing through contracting channels and the agency labor advisor to the Wage and Hour Administrator. * * * * * (d) * * * (5) * * * (i) Awarded under 41 U.S.C. chapter 85, Committee for Purchase from People Who Are Blind or Severely Disabled (see Subpart 8.7). * * * * * (iii) Subject to 41 U.S.C. 6707(c) (see 22.1002–3). [Amended] 170. Amend section 22.1003–5 by removing from introductory text ‘‘the VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 22.1003–6 Repair distinguished from remanufacturing of equipment. (a) Contracts principally for remanufacturing of equipment which is so extensive as to be equivalent to manufacturing are subject to 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000, rather than to the Service Contract Labor Standards statute. Remanufacturing shall be deemed to be manufacturing when the criteria in either subparagraphs (a)(1) or (a)(2) of this subsection are met. * * * * * 22.1003–7 22.1003–4 Administrative limitations, variations, tolerances, and exemptions. 22.1003–5 Act’’ and adding ‘‘the Service Contract Labor Standards statue’’ in its place. 171. Amend section 22.1003–6 by revising paragraph (a); and by removing from paragraph (b) ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards statute’’ in its place. The revised text reads as follows: [Amended] 172. Amend section 22.1003–7 by removing ‘‘the Act’’ and adding ‘‘the Service Contract Labor Standards statute’’ in its place. 22.1004 [Amended] 173. Amend section 22.1004 by removing from the introductory paragraph and paragraph (c) ‘‘the Act’’ and adding ‘‘the Service Contract Labor Standards statute’’ in its place (three times). 22.1006 [Amended] 174. Amend section 22.1006 by— a. Removing from the introductory text of paragraph (a)(1) the words ‘‘Act of 1965’’ and ‘‘the Act’’ and adding ‘‘Labor Standards’’ and ‘‘the Service Contract Labor Standards statue’’ in its place, respectively; b. Removing from paragraph (a)(2) ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards statute’’ in its place; c. Removing from paragraphs (a)(2)(i)(A) and (a)(2)(i)(B) the words ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards’’ in their places; d. Revising paragraph (a)(2)(ii) to read as follows; e. Removing from paragraph (b) ‘‘the Act’’ and adding ‘‘the Service Contract Labor Standards statute’’ in its place. 22.1008–1 [Amended] 175. Amend section 22.1008–1 by removing from paragraph (e)(3) ‘‘whether Section 4(c) of the Act applies’’ and adding ‘‘whether 41 U.S.C. 6707(c) applies’’ in its place. 176. Amend section 22.1008–2 by— a. Revising the section heading and paragraph (a); PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 57963 b. Removing from paragraphs (b) introductory text, (c) introductory text, (c)(1), and (c)(2) introductory text ‘‘section 4(c) of the Act’’ and adding ‘‘41 U.S.C. 6707(c)’’ in its place; c. Removing from paragraph (d)(1) ‘‘section 4(c) of the Act’’ and adding ‘‘41 U.S.C. 6707(c)’’; and removing ‘‘Service Contract Act of 1965’’ and adding ‘‘Service Contract Labor Standards,’’ in its place; d. Removing from paragraph (d)(3) ‘‘applicability of the Act’’ and adding ‘‘applicability of the Service Contract Labor Standards statute’’ in its place; and e. Removing from paragraph (e)(1) ‘‘Section 4(c) of the Act’’ and adding ‘‘41 U.S.C. 6707(c)’’ in its place. The revised text reads as follows: 22.1008–2 Successorship with incumbent contractor collective bargaining agreement. (a) Early in the acquisition cycle, the contracting officer shall determine whether 41 U.S.C. 6707(c) affects the new acquisition. The contracting officer shall determine whether there is a predecessor contract covered by the Service Contract Labor Standards statute and, if so, whether the incumbent prime contractor or its subcontractors and any of their employees have a collective bargaining agreement. * * * * * 22.1009–4 [Amended] 177. Amend section 22.1009–4 by removing from paragraph (b) ‘‘Service Contract Act Place’’ and adding ‘‘Service Contract Labor StandardsPlace’’ in its place. 22.1012–2 [Amended] 178. Amend section 22.1012–2 by removing from paragraphs (a) and (b) ‘‘section 4(c) of the Act’’ and adding ‘‘41 U.S.C. 6707 (c)’’ in their places. 22.1015 [Amended] 179. Amend section 22.1015 by removing ‘‘Service Contract Act’’ and ‘‘section 10 of the Act (41 U.S.C. 358)’’ and adding ‘‘Service Contract Labor Standards statute’’ and ‘‘41 U.S.C. 6707 (f),’’ in its place, respectively. 22.1018 [Amended] 180. Amend section 22.1018 by— a. Removing from paragraphs (a) ‘‘the Act’’ and adding ‘‘the Service Contract Labor Standards statute’’ in its place; and b. Removing from paragraph (b) ‘‘the Act’’ and ‘‘Service Contract Act of 1965’’ and adding ‘‘the Service Contract Labor Standards statute’’ and ‘‘Service Contract Labor Standards.’’ in its place, respectively. E:\FR\FM\18SEP3.SGM 18SEP3 57964 22.1019 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules [Amended] 181. Amend section 22.1019 by— a. Removing from paragraphs (a) ‘‘Service Contract Act of 1965’’ and adding ‘‘Service Contract Labor Standards.’’ in its place; and b. Removing from paragraph (c) ‘‘handicapped workers’’ and ‘‘Service Contract Act of 1965’’ and adding ‘‘disabled workers’’ and ‘‘Service Contract Labor Standards.’’ in its place, respectively. 22.1020 [Amended] 182. Amend section 22.1020 by removing ‘‘Service Contract Act of 1965’’ and adding ‘‘Service Contract Labor Standards.’’ in its place. 22.1022 [Amended] 183. Amend section 22.1022 by removing ‘‘Service Contract Act of 1965’’ and ‘‘Service Contract Act’’ and adding ‘‘Service Contract Labor Standards,’’ and ‘‘Service Contract Labor Standards statute’’ in its place, respectively. 184. Revise section 22.1023 to read as follows: 22.1023 Termination for default. [Amended] 185. Amend section 22.1025 by removing ‘‘the Act’’ and adding ‘‘the Service Contract Labor Standards statute’’ in its place twice. 22.1026 22.1502 22.1801 PART 23—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG–FREE WORKPLACE 23.500 22.1101 23.502 Applicability. Definitions. * * * * Commercially available off-the-sheet (COTS) item * * * (2) Does not include bulk cargo, as defined 46 U.S.C. 40102(4), such as agricultural products and petroleum products. * * * * * * * * 186. Amend section 22.1026 by removing ‘‘Act of 1965’’ and adding ‘‘Labor Standards’’ in its place. 187. Revise section 22.1101 to read as follows: The Service Contract Act of 1965, now codified at 41 U.S.C. chapter 67, 23.704 Electronic products environmental assessment tool. * Policy. 190. Revise section 23.500 to read as follows: [Amended] 192. Amend section 23.704 by revising paragraph (b)(1)(ii) to read as follows: Agencies must take appropriate action to enforce the laws prohibiting the manufacture or importation of products that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor, consistent with 19 U.S.C. 1307, 29 U.S.C. 201, et seq., and 41 U.S.C. chapter 65. Agencies should make every effort to avoid acquiring such products. 189. Amend section 22.1801 in the definition ‘‘Commercially available offthe-sheet (COTS) item’’ by revising the first sentence of paragraph (2) to read as follows: * As provided by the Service Contract Labor Standards statute, any contractor failure to comply with the requirements of the contract clauses related to the Service Contract Labor Standards statute may be grounds for termination for default (see paragraph (k) of the clause at 52.222–41, Service Contract Labor Standards). 22.1025 Service Contract Labor Standards, was enacted to ensure that Government contractors compensate their blue-collar service workers and some white-collar service workers fairly, but it does not cover bona fide executive, administrative, or professional employees. 188. Revise section 22.1502 to read as follows: Scope of subpart. This subpart implements 41 U.S.C. chapter 81, Drug-Free Workplace. 191. Revise section 23.502 to read as follows: Authority. 41 U.S.C. chapter 81, Drug Free Workplace. Supplies for use Subpart * * * * (b) * * * (1) * * * (ii) Is a voluntary consensus standard consistent with Section 12(d) of Pub. L. 104–113 (15 U.S.C. 272 note), the ‘‘National Technology Transfer and Advancement Act of 1995’’, (see 11.102(c)); * * * * * PART 24—PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION 24.202 [Amended] 193. Amend section 24.202 by— a. Removing from paragraph (a) ‘‘41 U.S.C. 253b’’ and adding ‘‘41 U.S.C. 4702’’ in its place; and b. Removing from paragraph (b) ‘‘41 U.S.C. 254b (d)(2)(c)’’ and adding ‘‘41 U.S.C. 3505(b)(3)’’ in its place. PART 25—FOREIGN ACQUISITION 194. Amend section 25.000 by revising paragraph (b) to read as follows: 25.000 Scope of part. * * * * * (b) It implements 41 U.S.C. chapter 83, Buy American; trade agreements; and other laws and regulations. 195. Amend section 25.001 by revising paragraph (a); and removing from paragraphs (b), (c), and (c)(1) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in their places. The revised text reads as follows: 25.001 General. (a) 41 U.S.C. chapter 83, Buy American— * * * * * 196. Amend section 25.002 by revising the table to read as follows: 25.002 * Applicability of subparts. * * Construction * * Services performed mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Inside U.S. 25.1 Buy American—Supplies ......................................... 25.2 Buy American—Construction Materials ................... 25.3 Contracts Performed Outside the United States ..... 25.4 Trade Agreements ................................................... 25.5 Evaluating Foreign Offers—Supply Contracts ......... 25.6 American Recovery and Reinvestment Act—Buy American statute—Construction Materials ................... VerDate Mar<15>2010 20:57 Sep 17, 2012 Jkt 226001 PO 00000 Outside U.S. Inside U.S. Outside U.S. Inside U.S. Outside U.S. X .................... .................... X X .................... .................... X X X .................... X .................... X .................... .................... .................... X X .................... .................... .................... .................... X .................... .................... .................... X X .................... .................... .................... .................... .................... X .................... E:\FR\FM\18SEP3.SGM 18SEP3 Frm 00016 Fmt 4701 Sfmt 4702 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 25.004 [Amended] 197. Amend section 25.004 by removing from paragraph (a) ‘‘41 U.S.C. 10a’’ and adding ‘‘41 U.S.C. 8302(b)’’ in its place. 198. Amend subpart 25.1 by revising the section heading to read as follows: (3) Waiver of the component test if the buy American statute for acquisitions of commercially available off-the-shelf (COTS) items in accordance with 41 U.S.C. 1907. * * * * * 25.202 Subpart 25.1—Buy American— Supplies [Amended] 199. Amend section 25.100 by revising paragraphs (a)(1) and (a)(3) to read as follows 205. Amend section 25.202 by removing from paragraphs (a) and (a)(1) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in their places (three times). 25.100 25.203 Scope of subpart. (a) * * * (1) 41 U.S.C. chapter 83, Buy American; * * * * * (3) Waiver of the component test of the Buy American statute for acquisition of commercially available off-the-shelf (COTS) items in accordance with 41 U.S.C. 1907. * * * * * 25.101 [Amended] 200. Amend section 25.101 by— a. Removing from paragraph (a) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place (two times); b. Removing from paragraph (a)(2) ‘‘41 U.S.C. 431’’ and ‘‘Buy American Act’’ and adding ‘‘41 U.S.C. 1907’’ and ‘‘Buy American statute’’ in its place, respectively; and c. Removing from paragraph (b) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. 25.103 [Amended] 201. Amend section 25.103 by removing from the introductory text, paragraphs (a), (b) introductory text, and (b)(1)(iii)(A) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in their places. 25.105 [Amended] 202. Amend section 25.105 by removing from the introductory text of paragraph (b) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. 203. Amend Subpart 25.2 by revising the subpart heading to read as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Subpart 25.2—Buy American— Construction Materials 204. Amend section 25.200 by revising paragraphs (a)(1) and (a)(3) to read as follows: 25.200 Scope of subpart. (a) * * * (1) 41 U.S.C. chapter 83, Buy American; * * * * * VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 [Amended] 206. Amend section 25.203 by removing from paragraph (a) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. 25.204 [Amended] 207. Amend section 25.204 by removing from paragraph (b) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. 25.205 [Amended] 208. Amend section 25.205 by removing from paragraphs (a), (b), and (c) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in their places. 25.206 [Amended] 209. Amend section 25.206 by removing from paragraphs (a), (c)(1), and (c)(3) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in their places (four times). 25.400 210. Amend section 25.400 by removing from paragraph (a)(2)(ii) ‘‘(Public Law 108–77)’’ and adding ‘‘(Public Law 108–77) (19 U.S.C. 3805 note)’’ in its place; and removing from paragraph (a)(6) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. 25.402 [Amended] 211. Amend section 25.402 by removing from the introductory text of paragraph (a)(1) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in their places (two times). 25.405 [Amended] 212. Amend section 25.405 by removing ‘‘(Pub. L. 109–53)’’ and adding ‘‘(Pub. L. 109–53) (19 U.S.C. 4031)’’ in its place. 25.406 [Amended] 214. Amend section 25.407 by removing ‘‘Buy American Act’’ and PO 00000 Frm 00017 Fmt 4701 25.501 [Amended] 215. Amend section 25.501 by removing from paragraph (d) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. 25.502 [Amended] 216. Amend section 25.502 by removing from paragraphs (c), (c)(3), (d)(2), and (d)(3) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in their places. 217. Amend section 25.504–1 by revising the section heading; and removing from paragraphs (a)(2) and (b)(2) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in their places. The revised text reads as follows: 25.504–1 * * Sfmt 4702 Buy American statute. * 25.504–4 * * [Amended] 218. Amend section 25.504–4 by removing from paragraph (b) under the heading ‘‘Problem’’ the words ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. 219. Amend Subpart 25.6 by revising the subpart heading to read as follows: Subpart 25.6—American Recovery And Reinvestment Act—Buy American Statute—Construction Materials [Amended] 220. Amend section 25.600 by removing ‘‘the Buy American Act’’ and adding ‘‘41 U.S.C. chapter 83, Buy American (referred to in this subpart as the Buy American Statute)’’ in its place. 25.601 [Amended] 221. Amend section 25.601 by removing from paragraph (1) of the definition ‘‘Domestic construction material’’ the words ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. 222. Amend section 25.602–2 by revising the section heading; and removing ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. The revised text reads as follows: 25.602–2 * * 25.603 [Amended] 213. Amend section 25.406 by removing ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. 25.407 adding ‘‘Buy American statute’’ in its place. 25.600 [Amended] 57965 Buy American statute. * * * [Amended] 223. Amend section 25.603 by removing from paragraphs (a)(1), (a)(1)(iii), and (a)(2) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. 224. Amend section 25.604 by revising the section heading; and removing from paragraph (a) ‘‘Buy E:\FR\FM\18SEP3.SGM 18SEP3 57966 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules Act’’ and adding ‘‘Buy American statute’’ in its place. American Act’’ and adding ‘‘Buy American statute’’ in its place. The revised text reads as follows: PART 26—OTHER SOCIOECONOMIC PROGRAMS 25.604 Preaward determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American statute. * * 25.606 * * 26.400 * [Amended] 225. Amend section 25.606 by removing from paragraphs (a), (b), and (c) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. 25.607 26.403 Procedures. (a) In accordance with the Federal Food Donation Act of 2008 an executive agency shall comply with the following: * * * * * [Amended] 226. Amend section 25.607 by removing from paragraphs (a), (c)(1), and (c)(3) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its places (four times). 25.700 [Amended] 231. Amend section 26.400 by removing ‘‘(Pub. L. 110–247)’’ and adding ‘‘(42 U.S.C 1792)’’ in its place. 232. Amend section 26.403 by revising the introductory text of paragraph (a) to read as follows: PART 27—PATENTS, DATA, AND COPYRIGHTS [Amended] 27.304 [Amended] 227. Amend section 25.700 by removing from paragraph (b) ‘‘110– 174)’’ and adding ‘‘110–174) (50 U.S.C. 1701 note)’’ in its place. 233. Amend sections 27.304 by removing from paragraph (c) ‘‘Disputes Act’’ and adding ‘‘Disputes statute’’ in its place (two times). 25.1001 PART 28—BONDS AND INSURANCE [Amended] 228. Amend section 25.1001 by removing from paragraph (a) ‘‘41 U.S.C. 254d’’ and adding ‘‘41 U.S.C. 4706’’ in its place. 25.1101 [Amended] 229. Amend section 25.1101 by— a. Removing from the introductory text of paragraph (a)(1) ‘‘Act’’; b. Removing from paragraph (a)(1)(ii) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place; c. Removing from paragraphs (a)(1), (a)(2), (b)(1)(i), and (b)(2)(i) ‘‘Act’’; and d. Removing from paragraphs (a)(1)(ii), (c)(1), and (d) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 25.1102 234. Amend section 28.102–1 by revising the introductory test of paragraph (a) and paragraph (a)(2) to read as follows. 230. Amend section 25.1102 by— a. Removing from paragraph (a) ‘‘Act’’; b. Removing from paragraph (a)(1) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place; c. Removing from paragraph (b)(1) ‘‘Act’’; d. Removing from paragraph (b)(2) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place; e. Removing from paragraph (c) ‘‘Act’’; f. Removing from paragraphs (c)(1) and (c)(3) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place; g. Removing from paragraph (d)(1) ‘‘Act’’; and h. Removing from paragraphs (d)(2), (e)(3)(i), and (e)(3)(ii) ‘‘Buy American 20:18 Sep 17, 2012 Jkt 226001 General. (a) The 40 U.S.C. chapter 31, subchapter III, Bonds, requires performance and payment bonds for any construction contract exceeding $150,000, except that this requirement may be waived— * * * * * (2) As otherwise authorized by the Bonds statute or other law. * * * * * 28.102–2 [Amended] VerDate Mar<15>2010 28.102–1 [Amended] 235. Amend section 28.102–2 by removing from paragraph (b) ‘‘$150,000 Miller Act’’ and adding ‘‘$150,000’’ in its place. 28.106–1 [Amended] 236. Amend section 28.106–1 by removing from paragraphs (h) and (i) ‘‘Miller Act’’. 28.106–4 [Amended] 237. Amend section 28.106–4 by removing from paragraph (b) ‘‘Pub. L. 103–355’’ and adding ‘‘Pub. L. 103–355 (10 U.S.C. 2302 note)’’ in its place; and removing the words ‘‘the Miller Act’’ and adding ‘‘40 U.S.C. chapter 31, subchapter III, Bonds’’ in its place. 28.106–6 Frm 00018 Fmt 4701 28.202 Acceptability of corporate sureties. (a) * * * (4) When specified in the solicitation, the contracting officer may accept a bond from the direct writing company in satisfaction of the total bond requirement of the contract. This is permissible until necessary reinsurance agreements are executed, even though the total bond requirement may exceed the insurer’s underwriting limitation. The contractor shall execute and submit necessary reinsurance agreements to the contracting officer within the time specified on the bid form, which may not exceed 45 calendar days after the execution of the bond. The contractor shall use Standard Form 273, Reinsurance Agreement for a Performance Bond, and Standard Form 274, Reinsurance Agreement for a Payment Bond, when reinsurance is furnished with the required performance or payment bonds. Standard Form 275, Reinsurance Agreement in Favor of the United States, is used when reinsurance is furnished with bonds for other purposes. * * * * * 28.203–5 Sfmt 4702 [Amended] 240. Amend section 28.203–5 by removing from paragraphs (a)(1) and (a)(3) ‘‘Miller Act’’ and adding ‘‘Bonds Statute’’ in its place. 28.204–3 [Amended] 241. Amend section 28.204–3 by removing from paragraphs (f)(2)(i) and (f)(2)(ii), ‘‘Miller Act’’ and adding ‘‘Bonds Statute’’ in its place. PART 30—COST ACCOUNTING STANDARDS ADMINISTRATION 30.101 [Amended] 242. Amend section 30.101 by— a. Removing from paragraph (a) ‘‘Public Law 100–679 (41 U.S.C. 422)’’ and adding ‘‘41 U.S.C. chapter 15, Cost Accounting Standards,’’ in its place; and b. Removing from paragraph (b) ‘‘Public Law 100–679’’ and adding ‘‘41 U.S.C. chapter 15’’ in its place. PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES 31.205–1 [Amended] 238. Amend section 28.106–6 by removing from paragraph (d) ‘‘Pub. L. PO 00000 103–355’’ and adding ‘‘Pub. L. 103–355 (10 U.S.C. 2302 note)’’ in its place; and removing ‘‘Miller Act’’ and adding ‘‘bonds statute’’ in its place. 239. Amend section 28.202 by revising paragraph (a)(4) to read as follows. [Amended] 243. Amend section 31.205–1 by removing from paragraph (f)(8) ‘‘Pub L. E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 110–247) (see FAR Subpart 26.4)’’ and adding ‘‘42 U.S.C. 1792, see subpart 26.4)’’ in its place. 244. Amend section 31.205–6 by revising paragraph (g)(6) and (p)(1) to read as follows: 31.205–6 Compensation for personal services. * * * * * (g) * * * (6) Under 10 U.S.C. 2324(e)(1)(M) and 41 U.S.C. 4304(a)(13), the costs of severance payments to foreign nationals employed under a service contract performed outside the United States are unallowable to the extent that such payments exceed amounts typically paid to employees providing similar services in the same industry in the United States. Further, under 10 U.S.C. 2324(e)(1)(N) and 41 U.S.C. 4304(a)(14), all such costs of severance payments that are otherwise allowable are unallowable if the termination of employment of foreign national is the result of the closing of, or the curtailment of activities at, a United States facility in that country at the request of the government of that country; this does not apply if the closing of a facility or curtailment of activities is made pursuant to a statusof-forces or other country-to-country agreement entered into with the government of that country before November 29, 1989. 10 U.S.C. 2324(e)(3) and 41 U.S.C. 4304(b) permit the head of the agency to waive these cost allowability limitations under certain circumstances (see 37.113 and the solicitation provision at 52.237–8). * * * * * (p) * * * (1) Costs incurred after January 1, 1998, for compensation of a senior executive in excess of the benchmark compensation amount determined applicable for the contractor fiscal year by the Administrator, Office of Federal Procurement Policy (OFPP), under 41 U.S.C. 1127 are unallowable (10 U.S.C. 2324(e)(1)(P) and 41 U.S.C. 4304(a)(16)). *** * * * * * mstockstill on DSK4VPTVN1PROD with PROPOSALS3 31.205–47 [Amended] 245. Amend section 31.205–47 by removing from paragraph (a)(3) ‘‘the Anti-Kickback Act, 41 U.S.C., sections 51 and 54’’ and adding ‘‘41 U.S.C. chapter 87, Kickbacks’’ in its place. 31.603 [Amended] 246. Amend section 31.603 by— a. Removing from the introductory text of paragraph (b) ‘‘41 U.S.C. 256(e)’’ and adding ‘‘41 U.S.C. 4304 (a)’’ in its place; and VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 b. Removing from paragraph (b)(15) ‘‘41 U.S.C. 256(k)’’ and adding ‘‘41 U.S.C. 4310’’ in its place. 31.703 [Amended] 57967 255’’ and adding ‘‘41 U.S.C. chapter 45’’ in its place. 32.112–1 [Amended] 247. Removing from paragraph (b) ‘‘41 U.S.C. 256(e)’’ and adding ‘‘41 U.S.C. 4304’’ in its place. 253. Amend section 32.112–1 by removing from paragraph (a) ‘‘Pub. L. 103–355’’ and adding ‘‘Pub. L. 103–355 (10 U.S.C. 2302)’’ in its place. PART 32—CONTRACT FINANCING 32.112–2 248. Amend section 32.006–1 by revising paragraph (a) and the first sentence of paragraph (b) to read as follows: 254. Amend section 32.112–2 by removing from the introductory text of paragraph (a) ‘‘Pub. L. 103–355’’ and adding ‘‘Pub. L. 103–355 (10 U.S.C. 2302)’’ in its place. 32.006–1 General. (a) Under 10 U.S.C. 2307(i)(8), the statutory authority implemented by this section is available to the Department of Defense and the National Aeronautics and Space Administration; this statutory authority is not available to the United States Coast Guard. Under 41 U.S.C. Division B of subtitle I (Procurement) and 4506, this statutory authority is available to all agencies subject to that statute. (b) 10 U.S.C. 2307(i)(2) and 41 U.S.C. 4506 provide for a reduction or suspension of further payments to a contractor when the agency head determines there is substantial evidence that the contractor’s request for advance, partial, or progress payments is based on fraud. * * * * * * * * 32.006–2 [Amended] 249. Amend section 32.006–2 by removing from the definition ‘‘Remedy coordination official’’ the word ‘‘41 U.S.C. 255(g)(9)’’ and adding ‘‘41 U.S.C. 4506(a)’’ in its place. 32.006–5 [Amended] 250. Amend section 32.006–5 by removing from paragraph (a) ‘‘41 U.S.C. 255’’ and ‘‘10 U.S.C. 2307’’ and adding ‘‘41 U.S.C. 4506(h)’’ and ‘‘10 U.S.C. 2307(i)(7)’’ in their places; respectively; and removing from paragraph (b) ‘‘41 U.S.C. 255’’ and ‘‘10 U.S.C. 2307’’ adding ‘‘41 U.S.C. 4506(h)’’ and ‘‘10 U.S.C. 2307(i)(7)’’ in their places; respectively. 251. Revise section 32.101 read as follows: 32.101 Authority. The basic authority for the contract financing described in this part is contained in (41 U.S.C. chapter 45, Contracting Financing), 10 U.S.C. 2307, and Title III of the Defense Production Act of l950 (50 U.S.C. App. 2091). 32.102 [Amended] 252. Amend section 32.102 by removing from paragraph (d) ‘‘41 U.S.C. PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 32.201 [Amended] [Amended] 255. Amend section 32.201 by removing ‘‘41 U.S.C. 255(f)’’ and adding ‘‘41 U.S.C. 4505’’ in its place. 32.202–4 [Amended] 256. Amend section 32.202–4 by removing from the introductory text of paragraph (a)(1) ‘‘41 U.S.C. 255(f)’’ and adding ‘‘41 U.S.C. 4505’’ in its place. 257. Amend section 32.401 by revising paragraphs (a) and (b) to read as follows: 32.401 Statutory Authority. * * * * * (a) 41 U.S.C. chapter 45; (b) 10 U.S.C. 2307; or * * * * * 258. Amend section 32.410 by revising paragraph (c), under the heading ‘‘Authorization’’, to read as follows. 32.410 Findings, determination, and authorization. * * * * * (c) The advance payments, of which (the amount at any time outstanding) (the aggregate amount, less the aggregate amounts repaid, or withdrawn by the Government), shall not exceed $_____, are hereby authorized under (41 U.S.C. chapter 45, Contract Financing,) (10 U.S.C. 2307) (the Extraordinary Contracting Authority of Government Agencies in Connection with National Defense Functions (50 U.S.C. 1431– 1435) and Executive Order No. 10789 of November 14, 1958 (3 CFR 1958 Supp. pp. 72–74)) or, if other, cite appropriate authority on (terms substantially as contained in the proposed advance payment clause, a copy (an outline) of which is annexed to this authorization) (the following terms:) Insert the appropriate terms. (All prior authorizations for advance payments under Contract No. ____ are superseded.) * * * * * E:\FR\FM\18SEP3.SGM 18SEP3 57968 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 32.501–1 [Amended] 259. Amend section 32.501–1 by removing from paragraph (d) ‘‘41 U.S.C. 255’’ and adding ‘‘41 U.S.C. 4504(b)’’ in its place. 32.604 [Amended] 260. Amend section 32.604 by removing from paragraph (b)(4)(ii) ‘‘Section 611 of the Contract Disputes Act of 1978 (Public Law 95–563)’’ and adding ‘‘(41 U.S.C. 7109)’’ in its place. 32.606 [Amended] 261. Amend section 32.606, by removing from paragraph (a) ‘‘41 U.S.C. 15’’ and adding ‘‘41 U.S.C. 6305’’ in its place. 32.703–3 [Amended] 262. Amend section 32.703–3, by removing from paragraph (a), ‘‘41 U.S.C. 11a’’ and adding ‘‘41 U.S.C. 6302’’ in its place; and removing from paragraph (b) ‘‘41 U.S.C. 2531’’ and adding ‘‘41 U.S.C. 3902’’ in its place. 32.800 [Amended] 263. Amend section 32.800 by removing ‘‘31 U.S.C. 3727, 41 U.S.C. 15’’ and adding ‘‘31 U.S.C. 3727, and 41 U.S.C. 6305’’ in its place. 32.805 [Amended] 264. Amend section 32.805, by removing from paragraph (c), under the heading ‘‘Notice of Assignment’’ in the second paragraph, ‘‘31 U.S.C. 3727, 41 U.S.C. 15’’ and adding ‘‘31 U.S.C. 3727, and 41 U.S.C. 6305’’ in its place. PART 33—PROTESTS, DISPUTES, AND APPEALS 33.102 [Amended] 265. Amend section 33.102 by removing from paragraph (f) ‘‘41 U.S.C. 423(g)’’ and adding ‘‘41 U.S.C. 2106’’ in its place. 33.201 [Amended] 266. Amend section 33.201 by removing from the definition ‘‘Defective certification’’ the words ‘‘a person duly’’ and adding ‘‘a person’’ in its place. 267. Revise section 33.202 to read as follows. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 33.202 Disputes. 41 U.S.C. Chapter 71, Disputes, establishes procedures and requirements for asserting and resolving claims subject to the Disputes statute. In addition, the Disputes statute provides for: 268. Amend section 33.203 by— a. Revising paragraph (b)(1); b. Removing from paragraphs (b)(2) ‘‘Act’’ and adding ‘‘Disputes statute’’ in its place; and VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 C. Revising paragraph (c). The revised text read as follows: 33.203 Applicability. * * * * * (b) * * * (1) A foreign government or agency of that government; or * * * * * (c) This part applies to all disputes with respect to contracting officer decisions on matters ‘‘arising under’’ or ‘‘relating to’’ a contract. Agency Boards of Contract Appeals (BCA’s) authorized under the Disputes statute continue to have all of the authority they possessed before the Disputes statute with respect to disputes arising under a contract, as well as authority to decide disputes relating to a contract. The clause at 52.233–1, Disputes, recognizes the ‘‘all disputes’’ authority established by the Disputes statute and states certain requirements and limitations of the Disputes statute for the guidance of contractors and contracting agencies. The clause is not intended to affect the rights and obligations of the parties as provided by the Disputes statute or to constrain the authority of the statutory agency BCA’s in the handling and deciding of contractor appeals under the Disputes statute. 33.205 [Amended] 269. Amend section 33.205 by— a. Removing from the section heading ‘‘Act’’ and adding ‘‘Disputes statute’’ in its place; b. Removing from paragraph (a) ‘‘contract Disputes Act of 1978’’ and adding ‘‘Disputes statute’’ in its place; c. Removing from paragraph (b) ‘‘under the Act’’ and adding ‘‘under the Dispute statute’’ in its place; and d. Removing from paragraph (c) ‘‘Disputes Act of 1978’’ and adding ‘‘Disputes statute’’ in its place. 33.207 [Amended] 270. Amend section 33.207 by removing from paragraph (e) ‘‘duly’’. 33.208 [Amended] 272. Amend section 33.210 by removing from paragraph (a)(4)(v)(2) ‘‘the Contract Dispute Act of 1978, 41 U.S.C. 603’’ and adding ‘‘41 U.S.C. 7102(d),’’ in its place. 273. Revise the first and second sentences of paragraph (a) to read as follows: PO 00000 Frm 00020 Fmt 4701 (a) In general, before passage of the Disputes statute, the obligation to continue performance applied only to claims arising under a contract. However, the Disputes statute at 41 U.S.C. 605(b) 7103(g), authorizes agencies to require a contractor to continue contract performance in accordance with the contracting officer’s decision pending a final resolution of any claim arising under, or relating to, the contract. * * * * * * * * PART 36—CONSTRUCTION AND ARCHITECT—ENGINEER 36.104 Sfmt 4702 [Amended] 274. Amend section 36.104 by removing from paragraph (a) ‘‘the Brooks Architect-Engineers Act (40 U.S.C. 1101, et seq.)’’ and ‘‘41 U.S.C. 253m’’ and adding ‘‘40 U.S.C. chapter 11, Selection of Architects and Engineers,’’ and ‘‘41 U.S.C. 3309’’ in their places; respectively. 36.300 [Amended] 275. Amend section 36.300 by removing ‘‘41 U.S.C. 253m’’ and adding ‘‘41 U.S.C. 3309’’ in its place. PART 37—SERVICE CONTRACTING 276. Amend section 37.000 by revising the last sentence to read as follows: 37.000 Scope of part. * * * This part includes, but is not limited to, contracts for services to which 41 U.S.C. chapter 67, Service Contract Labor Standards, applies (see subpart 22.10). 37.106 [Amended] 277. Amend section 37.106 by removing from paragraph (b) ‘‘41 U.S.C. 2531’’ and adding ‘‘41 U.S.C. 3902’’ in its place. 278. Revise section 37.107 to read as follows. 37.107 [Amended] 271. Amend section 33.208 by removing from paragraph (b) ‘‘the Act’’ and adding ‘‘the Disputes statute’’ in its place. 33.211 33.213 Obligation to continue performance. Service Contract Labor Standards. 41 U.S.C. chapter 67, Service Contract Labor Standards, provides for minimum wages and fringe benefits as well as other conditions of work under certain types of service contracts. Whether or not the Service Contract Labor Standards statute applies to a specific service contract will be determined by the definitions and exceptions given in the Service Contract Labor Standards statute, or implementing regulations. 37.202 [Amended] 279. Amend section 37.202 by removing from paragraph (b) ‘‘the E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 5202, Incremental Acquisition of Information Technology, of the ClingerCohen Act of 1996 (Public Law 104– 106)’’ and adding ‘‘41 U.S.C. 2308’’ in its place. Brooks Architect-Engineers Act (40 U.S.C. 1102)’’ and adding ‘‘40 U.S.C. 1102’’ in its place. 280. Amend section 37.203 by revising paragraph (d)(2) to read as follows. 37.203 PART 41—ACQUISITION OF UTILITY SERVICES Policy. * * * * * (d) * * * (2) The contractor is a FederallyFunded Research and Development Center (FFRDC) as authorized in 41 U.S.C. 1709(c) and the work placed under the FFRDC’s contract meets the criteria of 35.017–3; or * * * * * 281. Revise section 37.301 to read as follows: 37.301 Labor standards. 41.101 [Amended] 286. Amend section 41.101 by removing from the definition ‘‘Utility service’’ the words ‘‘Service Contract Act of 1965’’ and adding ‘‘41 U.S.C. chapter 67, Service Contract Labor Standards’’ in its place. PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES Contracts for dismantling, demolition, or removal of improvements are subject to either 4l U.S.C. chapter 67, Service Contract Labor Standards or 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction). If the contract is solely for dismantling, demolition, or removal of improvements, the Service Contract Labor Standards statute applies unless further work which will result in the construction, alteration, or repair of a public building or public work at that location is contemplated. If such further construction work is intended, even though by separate contract, then the Construction Wage Rate Requirements statute applies to the contract for dismantling, demolition, or removal. 42.703–1 37.302 289. Amend section 42.705–1 by removing from paragraph (b)(4) ‘‘41 U.S.C. 256(f)’’ and adding ‘‘41 U.S.C. 4305’’ in its place. [Amended] 282. Amend section 37.302 by removing from the introductory text ‘‘the Miller Act (40 U.S.C. 3131 et seq.)’’ and adding ‘‘41 U.S.C. chapter 31, subchapter III, Bonds,’’ in its place. 37.401 [Amended] 283. Amend section 37.401 by removing from the introductory paragraph ‘‘41 U.S.C. 253’’ and adding ‘‘41 U.S.C. chapter 33, Planning and Solicitation’’ in its place. PART 38—FEDERAL SUPPLY SCHEDULE CONTRACTING mstockstill on DSK4VPTVN1PROD with PROPOSALS3 38.101 [Amended] 284. Amend section 38.101 by removing from paragraph (a) ‘‘41 U.S.C. 259(b)(3)(A)’’ and adding ‘‘41 U.S.C. 152(3)’’ in its place. PART 39—ACQUISITION OF INFORMATION TECHNOLOGY 39.103 [Amended] 285. Amend section 39.103 by removing from paragraph (a) ‘‘Section VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 [Amended] 42.703–2 [Amended] 288. Amend section 42.703–2 by— a. Removing from paragraph (a) ‘‘41 U.S.C. 256(h)’’ and adding ‘‘41 U.S.C. 4307’’ in its place; and b. Removing from paragraph (e) ‘‘41 U.S.C. 256(a) through (d)’’ and adding ‘‘41 U.S.C. 4303’’ in its place. 42.705–1 42.705–3 Committee for Purchase from People Who Are Blind or Severely Disabled, use the procedures at 8.716 instead. * * * * * 42.1204 [Amended] [Amended] [Amended] 293. Amend section 42.1204 by removing from the introductory text of paragraph (a) ‘‘41 U.S.C. 15’’ and adding ‘‘41 U.S.C. 6305’’ in its place. 42.1601 [Amended] 294. Amend section 42.1601 by removing ‘‘the Contract Disputes Act of 1978 (41 U.S.C. 601–613)’’ and adding ‘‘41 U.S.C. chapter 71, Contract Disputes’’ in its place. PART 43—CONTRACT MODIFICATIONS 43.102 287. Amend section 42.703–1 by— a. Removing from paragraph (a) ‘‘41 U.S.C. 254(d)’’ and adding ‘‘41 U.S.C. 4706(e)’’ in its place; and b. Removing from the introductory text of paragraph (c) ‘‘41 U.S.C. 256(a)’’ and adding ‘‘41 U.S.C. 4303(a)’’ in its place. 57969 [Amended] 295. Amend section 43.102 by removing paragraph (c). PART 44—SUBCONTRACTING POLICIES AND PROCEDURES 44.201–2 [Amended] 296. Amend section 44.201–2 by removing from paragraph (b) ‘‘41 U.S.C. 254(b)’’ and adding ‘‘41 U.S.C. 3905’’ in its place. 44.202–2 [Amended] 297. Amend section 44.202–2 by removing from paragraph (a)(4)(ii) ‘‘Javits-Wagner-O’Day Act (41 U.S.C. 48)’’ and adding ‘‘41 U.S.C. 8504’’ in its place. 44.400 [Amended] 298. Amend section 44.400 by removing ‘‘with section 8002(b)(2) of Public Law 103–355’’ and adding ‘‘with 41 U.S.C. 3307’’ in its place. 290. Amend section 42.705–3 by removing from paragraph (b)(1) ‘‘41 U.S.C. 254(a)’’ and adding ‘‘41 U.S.C. 4708’’ in its place. 44.402 42.709 PART 46—QUALITY ASSURANCE [Amended] [Amended] 299. Amend section 44.402 by removing from paragraph (b) ‘‘and Commercial Components’’. 291. Amend section 42.709 by removing from the introductory text of paragraph (a) ‘‘41 U.S.C. 256(a) through (d)’’ and adding ‘‘41 U.S.C. 4303’’ in its place. 292. Amend section 42.1203 by revising paragraph (a) to read as follows: 46.102 42.1203 PART 47—TRANSPORTATION Processing agreements. (a) If a contractor wishes the Government to recognize a successor in interest to its contracts or a name change, the contractor must submit a written request to the responsible contracting officer (see 42.1202). If the contractor received its contract under Subpart 8.7 under 41 U.S.C. chapter 85, PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 [Amended] 300. Amend section 46.102 by removing from paragraph (f) ‘‘Section 8002 of Public Law 103–355’’ and adding ‘‘with 41 U.S.C. 3307’’ in its place. 301. Amend section 47.202 by revising paragraph (a) to read as follows: 47.202 Presolicitation planning. * * * * * (a) The Service Contract Labor Standards statute requirement to obtain a wage determination by accessing the E:\FR\FM\18SEP3.SGM 18SEP3 57970 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules Wage Determination OnLine Web site (https://www.wdol.gov) using the WDOL process or by submitting a request directly to the Department of Labor on this Web site using the e98 process before the issuance of an invitation for bid, request for proposal, or commencement of negotiations for any contract exceeding $2,500 that may be subject to the Service Contract Labor Standards statute (see subpart 22.10); * * * * * [Amended] 302. Amend section 48.102 by— a. Removing from paragraph (a) ‘‘Section 36 of the Office of Federal Procurement Policy Act (41 U.S.C. 401, et seq.)’’ and adding ‘‘41 U.S.C. 1711’’ in its place; and b. Removing from paragraph (e) ‘‘41 U.S.C. 254(b)’’ and adding ‘‘41 U.S.C. 3905’’ in its place. PART 50—EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT 50.101–2 [Amended] 303. Amend section 50.101–2 by removing from paragraph (c) ‘‘the Contract Disputes Act of 1978’’ and adding ‘‘with 41 U.S.C. chapter 71, Contract Disputes’’ in its place. 50.102–3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * Anti-Kickback Procedures. * * * 52.203–10 Price or Fee Adjustment for Illegal or Improper Activity. * * * * * Price or Fee Adjustment for Illegal or Improper Activity (Date) (a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of 41 U.S.C. 2102 or 2103, as implemented in section 3.104 of the Federal Acquisition Regulation. * * * * * 311. Amend section 52.204–8 by— a. Revising the date of the provision; and b. Removing from paragraphs (c)(1)(xvi) and (c)(1)(xvii) ‘‘American Act’’ and adding ‘‘American’’; and c. Removing from paragraphs (c)(2)(iii) and (c)(2)(iv) ‘‘Act’’ and adding ‘‘Labor Standards’’ in its place. The revised text reads as follows: Contract requirements. PART 51—USE OF GOVERNMENT SOURCES BY CONTRACTORS 52.204–8 Annual Representations and Certifications. * * * * * (b) The authority in 50.101–1(a) shall not be used to omit from contracts, when otherwise required, the clauses at 52.203–5, Covenant Against Contingent Fees; 52.215–2, Audit and Records— Negotiation; 52.222–4, Contract Work Hours and Safety Standards—Overtime Compensation; 52.222–6, Construction Wage Rate Requirements; 52.222–10, Compliance With Copeland Act Requirements; 52.222–20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000; 52.222– 26, Equal Opportunity; and 52.232–23, Assignment of Claims. * * * * * (b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from— * * * * * 309. Amend section 52.203–8 by— a. Revising the date of the clause; and b. Revising the introductory text of paragraph (a) and paragraphs (a)(2)(i) and (a)(2)(ii) to read as follows: * * * * Annual Representations And Certifications (Date) 52.208–9 [Amended] 52.203–8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 312. Amend section 52.208–9 by removing from the clause heading ‘‘(Oct 2008)’’ and adding ‘‘(Date)’’ its place; and removing from paragraph (a) ‘‘the Javits-Wagner-O’Day Act (41 U.S.C. 48)’’ and adding ‘‘41 U.S.C. 8504’’ in its place. * 52.209–6 * * * * [Amended] Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Date) (a) If the Government receives information that a contractor or a person has violated 41 U.S.C. 2102–2104, Restrictions on Obtaining and Disclosing Certain Information the Government may— 313. Amend section 52.209–6 by removing from the clause heading ‘‘(Dec 2010)’’ and adding ‘‘(Date)’’ its place; and removing from paragraph (a)(2) ‘‘section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’ and adding ‘‘46 U.S.C. 40102(4)’’ in its place. * 52.212–3 * * * * (2) * * * (i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C. 2102 for the purpose of either— * 306. Amend section 51.101 by— a. Revising the introductory text of paragraph (a)(3); and b. Removing from paragraph (a)(3)(i) ‘‘Government,’’ and adding ‘‘Government;’’ in its place. Jkt 226001 [Amended] 307. Amend section 52.203–5 by removing from the clause heading ‘‘(Apr 1984)’’ and adding ‘‘(Date)’’ in its place; and removing from paragraph (a) ‘‘, in its discretion,’’. 308. Amend section 52.203–7 by— a. Revising the date of the clause; and b. Removing from paragraph (a), in the definition ‘‘Kickback’’ the words ‘‘, directly or indirectly,’’. c. Revising the introductory text of paragraph (b); and d. Removing from paragraph (c)(2) ‘‘Department of Justice’’ and adding ‘‘Attorney General’’ in its place. The revised text reads as follows: a. Revising the date of the clause; b. Revising paragraph (a); and c. Removing from paragraph (c) ‘‘Act’’ and adding ‘‘statute’’ in its place. The revised text reads as follows: Anti-Kickback Procedures (Date) * 20:18 Sep 17, 2012 PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES * [Amended] VerDate Mar<15>2010 Policy. (a) * * * (3) A contract under 41 U.S.C. chapter 85, Committee for Purchase from People Who Are Blind or Severely Disabled, if— * * * * * 52.203–7 304. Amend section 50.102–3 by removing from paragraph (c) ‘‘10 U.S.C. 2304(a)(15) or 41 U.S.C. 252(c)(14), or’’. 305. Amend section 50.103–7 by revising paragraph (b) to read as follows: 50.103–7 51.101 52.203–5 PART 48—VALUE ENGINEERING 48.102 The revised text reads as follows: * * * * (ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a). * * * * * 310. Amend section 52.203–10 by— PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 [Amended] 314. Amend section 52.212–3 by— a. Removing from the provision heading ‘‘(Apr 2012)’’ and adding ‘‘(Date)’’ in its place; b. Removing from paragraph (f) introductory text the word ‘‘Act’’ (two times); c. Removing from paragraph (f)(1) ‘‘Act—’’; d. Removing from paragraph (g)(1) introductory text ‘‘American Act’’ and adding ‘‘American’’ in its place; E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules e. Removing from paragraph (g)(1)(i), (g)(1)(ii), (g)(1)(iii), (g)(2) introductory text, (g)(2)(g)(1)(ii), (g)(3) introductory text, and (g)(3)(g)(1)(ii) ‘‘Act—’’; f. Removing from paragraph (g)(4)(iii) ‘‘Act’’ and adding ‘‘statute’’ in its place; g. Removing from paragraph (k) introductory text and (k)(3)(i) ‘‘Act’’ and adding ‘‘Labor Standards’’ in its place; and h. Removing from the introductory paragraph of Alternate I ‘‘(Apr 2011)’’ and adding ‘‘(Date)’’ in its place; and removing from paragraph (12), fourth subparagraph ‘‘U.S. Trust Territory of the Pacific Islands (Republic of Palau)’’ and adding ‘‘Republic of Palau’’ in its place. 315. Amend section 52.212–4 by— a. Removing from the clause heading ‘‘(Feb 2012)’’ and adding ‘‘(Date)’’ in its place; b. Removing from paragraph (d) ‘‘the Contract Disputes Act of 1978, as amended (41 U.S.C. 601–613)’’ and adding ‘‘41 U.S.C. chapter 71, Contract Disputes’’ in its place; c. Removing from paragraph (i)(6)(i) ‘‘Section 611 of the Contract Disputes Act of 1978 (Public Law 95–563)’’ and adding ‘‘41 U.S.C. 7109’’ in its place; d. Revising paragraph (r); and e. Amending Alternate I by— 1. Removing from the introductory paragraph ‘‘(Oct 2008)’’ and adding ‘‘(Date)’’ in its place; and 2. Removing from paragraph (i)(6)(i) ‘‘(Section 611 of the Contract Disputes Act of 1978 (Public Law 95–563)’’ and adding ‘‘41 U.S.C. 7109’’ in its place. The revised text reads as follows: 52.212–4 Contract Terms and Conditions—Commercial Items * * * * * (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4705 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * * * * * 316. Amend section 52.212–5 by— a. Revising the clause heading; b. Removing from paragraph (a)(3) ‘‘(Pub. L. 108–77, 108–78).’’ and adding ‘‘(Public Laws 108–77 and 108–78 (19 U.S.C. 3805 note)).’’ in its place; c. Removing from paragraph (b)(1) ‘‘(41 U.S.C. 253g’’ and adding ‘‘(41 U.S.C. 4704’’ in its place; d. Removing from paragraph (b)(2) ‘‘(Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C. 251 note)).’’ and adding ‘‘(41 U.S.C. 3509).’’ in its place; VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 e. Removing from paragraph (b)(6) ‘‘(Dec 2010)’’ and adding ‘‘(Date)’’ in its place; f. Removing from paragraph (b)(14) ‘‘(Jan 2011)’’ and adding ‘‘(Date)’’ in its place; g. Removing from paragraph (b)(34) ‘‘(Jan 2009)’’ and adding ‘‘(Date)’’ in its place; h. Removing from paragraph (b)(39) ‘‘(Feb 2009)’’ and adding ‘‘(Date)’’ in its place; and removing ‘‘(41 U.S.C. 10a10d’’ and adding ‘‘41 U.S.C. chapter 83’’ in its place; i. Revising paragraph (b)(40); j. Removing from paragraphs (b)(45) and (b)(46) ‘‘(41 U.S.C. 255(f)’’ and adding ‘‘(41 U.S.C. 4505’’ in their places; k. Removing from paragraph (b)(49) ‘‘(Feb 2010)’’ and adding ‘‘(Date)’’ in its place; l. Revising paragraphs (c)(1) through (c)(7); m. Removing from paragraph (e)(1)(i) ‘‘(Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C.251 note))’’ and adding ‘‘(41 U.S.C. 3509)’’ in its place; n. Removing from paragraph (e)(1)(ii) ‘‘(Dec 2010)’’ and adding ‘‘(Date)’’ in its place; o. Removing from paragraph (e)(1)(viii) ‘‘Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.)’’ and adding ‘‘Labor Standards (Date) (41 U.S.C. chapter 67)’’ in its place; p. Revising paragraphs (e)(1)(x) and (e)(1)(xi); q. Removing from paragraph (e)(1)(xii) ‘‘(Jan 2009)’’ and adding ‘‘(Date) (Executive Order 12989)’’ in its place; r. Removing from paragraph (e)(1)(xiii) ‘‘(Mar 2009) (Pub. L. 110– 247)’’ and adding ‘‘(Date) (42 U.S.C. 1792)’’ in its place; and s. Amending Alternate II by— 1. Revising the date; 2. Removing from paragraph (e)(1)(ii)(A) ‘‘(Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C. 251 note)’’ and adding ‘‘(41 U.S.C. 3509)’’ in its place; 3. Removing from paragraph (e)(1)(ii)(C) ‘‘(Dec 2010)’’ and adding ‘‘(Date)’’ in its place; 4. Revising paragraph (e)(1)(ii)(H); and 5. Revising paragraphs (e)(1)(ii)(J) through (e)(1)(ii)(M). The revised text reads as follows: 52.212–5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. * * * * * Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (Date) * * * * * * * * (b) * * * * PO 00000 * Frm 00023 Fmt 4701 Sfmt 4702 57971 ll (40)(i) 52.225–3, Buy American Free Trade Agreements—Israeli Trade Act (Date) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108–77, 108–78, 108–286, 108–302, 109–53, 109–169, 109–283, and 110–138. * * * * * (c) * * * __ (1) 52.222–41, Service Contract Labor Standards (Date) (41 U.S.C. chapter 67). ll(2) 52.222–42, Statement of Equivalent Rates for Federal Hires (Date) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ll(3) 52.222–43, Fair labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (Date) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ll(4) 52.222–44, Fair Labor Standards Act and Service Contract Labor Standards— Price Adjustment (Date) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ll(5) 52.222–51, Exemption from Application of the Service Contract Labor Standards to Contracts for maintenance, Calibration, or Repair of Certain Equipment— Requirements (Date) (41 U.S.C. chapter 67). ll(6) 52.222–53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services— Requirements (Date) (41 U.S.C. chapter 67). ll(7) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (Date) (42 U.S.C. 1792). * * * * * * * (e)(1) * * * (i) * * * * * * (x) 52.222–51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Date) (41 U.S.C. chapter 67). (xi) 52.222–53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services— Requirements (Date) (41 U.S.C. chapter 67). * * * * * Alternate II (Date) * * * * * * * * (e)(1) * * * (ii) * * * (H) 52.222–41, Service Contract Labor Standards (Date) (41 U.S.C. chapter 67). * * * * * (J) 52.222–51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Date) (41 U.S.C. chapter 67). (K) 52.222–53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services— Requirements (Date) (41 U.S.C. chapter 67). (L) 52.222–54, Employment Eligibility Verification (Date) (Executive Order 12989). (M) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (Date) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6. * * * * * 317. Amend section 52.213–4 by— E:\FR\FM\18SEP3.SGM 18SEP3 57972 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules a. Removing from the clause heading ‘‘(Mar 2012)’’ and adding ‘‘(Date)’’ in its place; b. Removing from paragraph (a)(1)(vii) ‘‘(Pub. L. 108–77, 108–78)’’ and adding ‘‘(Public Laws 108–77 and 108–78 (19 U.S.C. 3805 note))’’ in its place; c. Removing from paragraph (a)(2)(vi) ‘‘(Jul 2002)’’ and adding ‘‘(Date)’’ in its place; d. Removing from paragraph (a)(2)(vii) ‘‘(Jan 2011)’’ and adding ‘‘(Date)’’ in its place; e. Removing from paragraph (b)(1)(ii) ‘‘Walsh-Healey Public Contracts Act (Oct 2010) (41 U.S.C. 35–45)’’ and adding ‘‘Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (Date) (41 U.S.C. chapter 65)’’ in its place; f. Revising paragraph (b)(1)(vi); g. Removing from paragraph (b)(1)(ix) ‘‘Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d)’’ and adding ‘‘Supplies (Date) (41 U.S.C. chapter 83)’’ in its place; h. Redesignating paragraphs (b)(1)(x) through (b)(1)(xii) as paragraph (b)(1)(xi) through (b)(1)(xiii) respectively; i. Adding a new paragraph (b)(1)(x); j. Removing from paragraph (b)(2)(i) ‘‘(Dec 2010)’’ and adding ‘‘(Date)’’ in its place; k. Removing paragraph (b)(2)(iii); and l. Redesignating paragraphs (b)(2)(iv) and (b)(2)(v) as paragraphs (b)(2)(iii) and (b)(2)(iv), respectively. The revised text reads as follows: 52.213–4 Terms and Conditions— Simplified Acquisitions (Other Than Commercial Items). * * * * * (b) * * * (1) * * * (vi) 52.222–41, Service Contract Labor Standards (Date) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf.) mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * * * * * (x) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (DATE) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.) 318. Amend section 52.219–1 by revising the introductory paragraph of Alternate I and paragraph (b)(9) of the checklist ‘‘Asian-Pacific American’’ to read as follows: 52.219–1 Small Business Program Representations. * * * VerDate Mar<15>2010 * * 20:18 Sep 17, 2012 Jkt 226001 Alternate I (DATE). As prescribed in 19.308(a)(2), add the following paragraph (b)(9) to the basic provision: (9) * * * * * * * * llAsian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). * * * * * 319. Amend section 52.219–8 by revising the date of the clause; and removing from paragraph (a) ‘‘contracts let’’ and adding ‘‘contracts awarded’’ in its place. The revised text reads as follows: 52.219–8 Utilization of Small Business Concerns. * * * * * * * * * * 320. Amend section 52.222–4 by— a. Revising the section heading; b. Revising the clause heading; c. Removing from paragraph (b) ‘‘Standards Act’’ and adding ‘‘Standards statute (found at 40 U.S.C. chapter 37)’’ in its place; d. Removing from paragraph (c) ‘‘Act’’; and e. Removing from paragraph (d)(1) ‘‘Davis-Beacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place. The revised text reads as follows: 52.222–4 Contract Work Hours and Safety Standards—Overtime Compensation. * * * * Contract Work Hours and Safety Standards—Overtime Compensation (Date) * * * * * 321. Amend section 52.222–5 by— a. Revising the section heading; b. Revising the provision heading; and c. Removing from paragraph (a)(1) ‘‘Davis-Beacon Act’’ and adding ‘‘Construction Wage Rate Requirements’’ in its place. The revised text reads as follows: 52.222–5 Construction Wage Rate Requirements—Secondary Site of the Work. * * * * * Construction Wage Rate Requirements— Secondary Site of Work (Date) * * * * * 322. Amend section 52.222–6 by— a. Revising the section heading; b. Revising the clause heading; c. Removing from paragraph (b)(2) ‘‘Davis-Beacon Act’’ and adding PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 52.222–6 Construction Wage Rate Requirements. * * * * * Construction Wage Rate Requirements (Date) * * * * * 323. Amend section 52.222–7 by revising the date of the clause; and removing from the clause ‘‘DavisBeacon’’. The revised text reads as follows: 52.222–7 * Utilization of Small Business Concerns (Date) * ‘‘Construction Wage Rate Requirements statute’’ in its place; d. Removing from paragraph (b)(4) ‘‘Davis-Beacon’’ and adding ‘‘Construction Ware Requirements’’ in its place; and e. Removing from paragraph (e) ‘‘Davis-Beacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place. The revised text reads as follows: * Withholding of Funds. * * * Withholding of Funds (Date) * * * * * 324. Amend section 52.222–8 by revising the date of the clause and paragraph (a) to read as follows: 52.222–8 * * Payrolls and Basic Records. * * * Payrolls and Basic Records (Date) (a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141 (2)(B) (Construction Wage Rate Requirement statute)), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Construction Wage Rate Requirements, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B), the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. headings, and paragraphs (a) and (b) to read as follows: * 52.222–15 Certification of Eligibility. * * * * * * 325. Amend section 52.222–11 by— a. Revising the date of the clause; b. Removing from paragraphs (a)(4) and (a)(5) ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements’’ in its place; and c. Revising paragraphs (b)(1) and (b)(10) to read as follows: 52.222–11 Subcontracts (Labor Standards). * * * * * Subcontracts (Labor Standards) (Date) * * * * * * * * * (10) Compliance with Construction Wage Rate Requirements and Realated Regulations; and * * * * * 326. Amend section 52.222–12 by revising the section and clause headings, and the clause to read as follows: 52.222–12 Contract Termination— Debarment. * * * * * mstockstill on DSK4VPTVN1PROD with PROPOSALS3 (End of Clause) 327. Amend section 52.222–13 by— a. Revising the heading of the clause; and b. Removing from the introductory paragraph ‘‘Davis Bacon and Related Acts’’ and adding ‘‘Construction Wage Rate Requirements and related statues’’ in its place. The revised text reads as follows: 52.222–13 Compliance with Construction Wage Rate Requirements and Related Act Regulations. * * * * Compliance With Construction Wage Rate Requirements and Related Act Regulations (Date) * * * * * 328. Amend section 52.222–15 by revising the section and clause VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 * * 52.222–16 * * * [Amended] 329. Amend section 52.222–16 by— a. Removing from the clause heading ‘‘(Feb 1988)’’ and adding ‘‘(Date)’’ in its place; and b. Removing from the introductory paragraph ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements’’ in its place. 330. Revise section 52.222–20 to read as follows: As prescribed in 22.610, insert the following clause in solicitations and contracts: Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (Date) If this contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds or may exceed $15,000, and is subject to 41 U.S.C. chapter 65, the following terms and conditions apply: (a) All stipulations required by 41 U.S.C. chapter 65 and regulations issued by the Secretary of Labor (41 CFR Chapter 50) are incorporated by reference. These stipulations are subject to all applicable rulings and interpretations of the Secretary of Labor that are now, or may hereafter, be in effect. (b) All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50– 202.2). Learners, student learners, apprentices, and workers with disabilities may be employed at less than the prescribed minimum wage (see 41 CFR 50–202.3) to the same extent that such employment is permitted under Section 14 of the Fair Labor Standards Act (41 U.S.C. 6508). 331. Amend section 52.222–30 by— a. Revising the section and clause headings; and b. Removing from paragraphs (a) and (b)(3) the words ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in its place. The revised text reads as follows: PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 52.222–30 Construction Wage Rate Requirements—Price Adjustment. * * * * * Construction Wage Rate Requirements— Price Adjustment (None Or Separately Specified Method) (Date) * * * * * 332. Amend section 52.222–31 by— a. Revising the section and clause headings; and b. Removing from paragraphs (a), (b) introductory text, (b)(1), (b)(2), and (c)(3) the words ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements statute’’ in their places. The revised text reads as follows: 52.222–31 Construction Wage Rate Requirements—Price Adjustment. 52.222–20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. Contract Termination—Debarment (Date) A breach of the contract clauses entitled Construction Wage Rate Requirements, Contract Work Hours and Safety Standards— Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Construction Wage Rate Requirements and Related Regulations, or Certification of Eligibility may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12. * * Certification of Eligibility (Date) (a) By entering into this contract, the Contractor certifies that neither it nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1). (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1). * * (b) * * * (1) Construction Wage Rate Requirements; * 57973 * * * * * Construction Wage Rate Requirements— Price Adjustment (Percentage Method) (Date) * * * * * 333. Amend section 52.222–32 by— a. Revising the section and clause headings; and b. Removing from paragraphs (c)(1) and (c)(2) the words ‘‘Davis-Bacon Act’’ and adding ‘‘Construction Wage Rate Requirements’’ in its place. The revised text reads as follows: 52.222–32 Construction Wage Rate Requirements—Price Adjustment (Actual Method). * * * * * Construction Wage Rate Requirements— Price Adjustment (Actual Method) (Date) * * * * * 334. Amend section 52.222–41 by— a. Revising the section and clause headings; b. Removing the definition ‘‘Act’’; c. Removing from paragraph (b) ‘‘the Act’’ and ‘‘41 U.S.C. 356’’ and adding ‘‘41 U.S.C. chapter 67, Service Contract Labor Standards’’ and ‘‘41 U.S.C. 6702’’ in its place, respectively; d. Removing from paragraphs (c)(2)(v) and (f) the words ‘‘the Act’’ and adding ‘‘the Service Contract Labor Standards statute’’ in their places; e. Removing from paragraph (g) the words ‘‘section 2(a)(4) of the Act’’ and adding ‘‘41 U.S.C. 6703’’ in its place; f. Removing from paragraphs (i)(1) introductory text and (i)(1)(i) ‘‘the Act’’ and adding ‘‘the Service Contract Labor Standards statute’’ in its place; g. Removing from paragraph (j) ‘‘the Act’’ and ‘‘this Act’’ and adding ‘‘Service Contract Labor Standards statute’’ and ‘‘this statute’’ in its place, respectively; h. Removing from paragraphs (k), (l), and (o) ‘‘the Act’’ and adding ‘‘the Service Contract Labor Standards statute’’ in their places; E:\FR\FM\18SEP3.SGM 18SEP3 57974 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules i. Revising paragraph (p)(1); j. Removing from paragraph (p)(2) ‘‘section 5 of the Act’’ and adding ‘‘41 U.S.C. 6706’’ in its place; k. Removing from paragraph (q) ‘‘Act’’ and adding ‘‘41 U.S.C. 6707’’ in its place; l. Revising paragraphs (q)(1) and (q)(2); m. Removing from the introductory text of paragraph (s) ‘‘section 2(a)(1) or section 2(b)(1) of the Act’’ and adding ‘‘41 U.S.C. 6703(1)’’ in its place; n. Removing from paragraph (s)(3) ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards’’ in its place; and o. Removing from paragraph (s)(4) ‘‘section 4(c) of the Act’’ and adding ‘‘41 U.S.C. 6707(c)’’ in its place. The revised text reads as follows: 52.222–41 Service Contract Labor Standards. * * * * * Service Contract Labor Standards (Date) * * * * * (p) * * * (1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it nor any person or firm who has a substantial interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under 41 U.S.C. 6706. * * * * * Statement of Equivalent Rates for Federal Hires (Date) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. * * * * * 336. Amend section 52.222–43 by— a. Revising the section and clause headings; and b. Removing from paragraph (c) ‘‘Act of 1965, as amended’’ 41 U.S.C. 351, et seq.)’’ and adding ‘‘Labor Standards statute (41 U.S.C. chapter 67)’’ in its place. The revised text reads as follows: 52.222–43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts). * * * * * Exemption From Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification (Date) * * * * * 339. Amend section 52.222–49 by— a. Revising the section and clause heading; and b. Removing from paragraph (a) the words ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards statute’’ in its place. The revised text reads as follows: 52.222–49 Service Contract Labor Standards—Place of Performance Unknown. * * * * * Service Contract Labor Standards—Place of Performance Unknown (Date) * * * * * 340. Amend section 52.222–51 by— a. Revising the section and clause headings; b. Removing from paragraph (e) the words ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards statute’’ in its place. The revised text reads as follows: Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (Date) 52.222–51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Requirements. (q) * * * (1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by 41 U.S.C. 6703(1) without diminishing any fringe benefits or cash payments in lieu thereof required under 41 U.S.C. 6703(2), in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, persons with disabilities, and disabled clients of work centers under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525). (2) The Administrator will issue certificates under the statute for the employment of apprentices, student-learners, persons with disabilities, or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). * * * * * 337. Amend section 52.222–44 by revising the section heading and clause headings to read as follows: * 52.222–44 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment. * * 52.222–48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. * mstockstill on DSK4VPTVN1PROD with PROPOSALS3 52.222–42 Statement of Equivalent Rates for Federal Hires. * * * * * * * * 335. Amend section 52.222–42 by revising the date of the clause and the introductory paragraph of the clause to read as follows: VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 * * * * * Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Date) * * * * * 338. Amend section 52.222–48 by— a. Revising the section and clause headings; b. Removing from the introductory text of paragraph (b) ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards statute’’ in its place; c. Removing from paragraph (b)(1) the words ‘‘Act of 1965’’ and adding ‘‘Labor Standards’’ in its place; and d. Removing from paragraphs (b)(2), (c)(1), and (c)(2) the words ‘‘Contract Act’’ and adding ‘‘Contract Labor Standards’’ in its place. The revised text reads as follows: * PO 00000 * * Frm 00026 * Fmt 4701 * Sfmt 4702 * * * * Exemption From Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Date) * * * * 341. Amend section 52.222–52 by— a. Revising the section and clause headings; b. Removing from the introductory text of paragraph (b) ‘‘Act’’ and adding ‘‘Labor Standards statute’’ in its place; c. Removing from paragraph (b)(1) ‘‘Act of 1965’’ and adding ‘‘Labor Standards’’ in its place; d. Removing from paragraph (b)(2) ‘‘Act’’ and adding ‘‘Labor Standards’’ in its place; and e. Removing from paragraphs (c)(1) and (c)(2) ‘‘Act’’ and adding ‘‘Labor Standards’’ in its place. The revised text reads as follows: 52.222–52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services— Certification. * * * * * Exemption From Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification (Date) * * * * * 342. Amend section 52.222–53 by— E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules a. Revising the section and clause headings; b. Removing from paragraphs (f) and (g) ‘‘Act’’ and adding ‘‘Labor Standards statute’’ in their places. The revised text reads as follows: 52.222–53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services— Requirements. * * * * * Exemption From Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (Date) * * 52.222–54 * * * [Amended] 343. Amend section 52.222–54 by— a. Removing from the clause heading ‘‘(Jan 2009)’’ and adding ‘‘(Date)’’ in its place; and b. Removing from paragraph (a)(2) ‘‘section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’ and adding ‘‘46 U.S.C. 40102(4)’’ in its place. 344. Amend section 52.225–1 by— a. Revising the section and clause headings; b. Removing from paragraph (a) in the definition ‘‘Commercially available of the shelf (COTS) item’’, paragraph (2) ‘‘section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’ and adding ‘‘46 U.S.C. 40102(4)’’ in its place; c. Revising paragraph (b); and d. Removing from paragraph (d) the word ‘‘Act’’. The revised text read as follows: 52.225–1 * * Buy American Supplies. * * * Buy American Supplies (Date) * * * * * (b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (See 12.505(a)(1)) * * * * 345. Amend section 52.225–2 by— a. Revising the section and clause headings; and b. Removing from paragraph (a) ‘‘Act’’. The revised text reads as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * 52.225–2 * * * * Buy American Certificate (Date) * * * * * 346. Amend section 52.225–3 by— a. Revising the section and clause headings; b. Removing from paragraph (a) in the definition ‘‘Commercially available off- VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 52.225–3 Buy American—Free Trade Agreements—Israeli Trade Act. * * * * * Buy American—Free Trade Agreements— Israeli Trade Act (Date) * * * * * (c) Delivery of end products. 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (See 12.505(a)(1)). In addition the Contracting Officer has determined that FTAs (except the Bahrain, Morocco, Oman, and Peru FTAs) and the Israeli Trade Act apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled ‘‘Buy American— Free Trade Agreements—Israeli Trade Act Certificate.’’ If the Contractor specified in its offer that the Contractor would supply a Free Trade Agreement country end product (other than a Bahrainian, Moroccan, Omani, or Peruvian end product) or an Israeli end product, then the Contractor shall supply a Free Trade Agreement country end product (other than a Bahrainian, Moroccan, Omani, or Peruvian end product), an Israeli end product or, at the Contractor’s option, a domestic end product. * Buy American Certificate. * the-shelf (COTS) item’’ the words ‘‘section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’ and adding ‘‘46 U.S.C. 40102(4)’’ in its place; c. Revising paragraph (c); and d. Amend Alternate I by— 1. Removing from the introductory paragraph ‘‘(Mar 2012)’’ and adding ‘‘(Date)’’ in its place; 2. Removing from paragraph (c) ‘‘Act—’’ e. Amend Alternate II by— 1. Removing from the introductory paragraph ‘‘(Mar 2012)’’ and adding ‘‘(Date)’’ in its place; and 2. Removing from paragraph (c) ‘‘Act—’’. The revised text read as follows: * * * * 347. Amend section 52.225–4 by— a. Revising the section and clause headings; b. Removing from paragraphs (a), (b) and (c) ‘‘American Act—’’ and adding ‘‘American’’ in their places; and c. Amend Alternate I by— 1. Removing from the introductory paragraph ‘‘(Jan 2004)’’ and adding ‘‘(Date)’’ in its place; 2. Removing from paragraph (b) ‘‘American Act—’’ and adding ‘‘American’’ in its place; d. Amending Alternate II by— PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 57975 1. Removing from the introductory paragraph ‘‘(Jan 2004)’’ and adding ‘‘(Date)’’ in its place; and 2. Removing from paragraph (b) ‘‘American Act—’’ and adding ‘‘American’’ in its place. The revised text reads as follows: 52.225–4 Buy American Free Trade Agreements—Israeli Trade Act Certificate. * * * * * Buy American Free Trade Agreements— Israeli Trade Act Certificate (Date) * * 52.225–6 * * * [Amended] 348. Amend section 52.225–6 by— a. Removing from the provision heading ‘‘(Jan 2005)’’ and adding ‘‘(Date)’’ in its place; and b. Removing from paragraph (c) ‘‘Act’’ and adding ‘‘statute’’ in its place. 349. Amend section 52.225–7 by— a. Revising the section and provision headings; and b. Removing from paragraph (b) ‘‘Act’’ and adding ‘‘statute’’ in its place. The revised text reads as follows: 52.225–7 Waiver of Buy American Statute for Civil Aircraft and Related Articles. * * * * * Waiver of Buy American Statute for Civil Aircraft and Related Articles (Date) * * * * * 350. Amend section 52.225–9 by— a. Revising the section and clause headings; b. Removing from paragraph (a) in the definition ‘‘Commercially available offthe-shelf (COTS) item’’, in paragraph (2) ‘‘section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’ and adding ‘‘46 U.S.C. 40102(4)’’ in its place; c. Revising the introductory text of paragraph (b)(1); d. Removing from paragraphs (b)(3)(i), (b)(3)(ii), (c), (c)(2), and (c)(3) ‘‘Act’’ and adding ‘‘statute’’ in their places; The revised text read as follows: 52.225–9 Buy American—Construction Materials. * * * * * Buy American—Construction Materials (Date) * * * * * (b) * * * (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. * E:\FR\FM\18SEP3.SGM * * 18SEP3 * * 57976 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 351. Amend section 52.225–10 by— a. Revising the section and provision headings; b. Removing from paragraph (a) ‘‘Act—’’; c. Removing from paragraph (b) ‘‘Act’’ and adding ‘‘statute’’ in its place (two times); d. Removing from the introductory text of paragraph (c) and paragraph (c)(1) ‘‘Act’’ and adding ‘‘statute’’ in their places; e. Amend Alternate I by— 1. Removing from the introductory paragraph ‘‘(May 2002)’’ and adding ‘‘(Date)’’ in its place; and 2. Removing from paragraph (b) ‘‘Act’’ and adding ‘‘statute’’ in its place; The revised text reads as follows: 52.225–10 Notice of Buy American Requirement—Construction Materials. * * * * * * * * * * 352. Amend section 52.225–11 by— a. Revising the section and clause headings; b. Removing from paragraph (a) in the definition ‘‘Commercially available offthe-shelf (COTS) item’’, in paragraph (2) ‘‘section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’ and adding ‘‘46 U.S.C. 40102(4)’’ in its place; c. Revising paragraph (b)(1); d. Removing from paragraphs (b)(4)((i) and (b)(4)(ii) ‘‘Act’’ and adding ‘‘statute’’ in its place; e. Removing from paragraph (c) ‘‘Act’’ and adding ‘‘statute’’ in its place; f. Removing from paragraph (c)(2) ‘‘Act’’ and adding ‘‘statute’’ in its place; g. Removing from paragraph (c)(3) ‘‘Act’’ and adding ‘‘statute’’ in its place (two times); h. Amend Alternate I by— 1. Removing from the introductory paragraph ‘‘(Jun 2009)’’ and adding ‘‘(Date)’’ in its place; and 2. Revising paragraph (b)(1). The revised text read as follows: 52.225–11 Buy American—Construction Materials Under Trade Agreements. * * * * mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Buy American—Construction Materials Under Trade Agreements (Date) * * * * * (b) * * * (1) This clause implements 41 U.S.C. chapter 83, Buy American by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free VerDate Mar<15>2010 20:18 Sep 17, 2012 Jkt 226001 * * * * * Alternate I * * * * * * * * (b) * * * (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and all the Free Trade Agreements except the Bahrain FTA, NAFTA, and the Oman FTA apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials other than Bahrainian, Mexican, or Omani construction materials. * Notice of Buy American Requirement— Construction Materials (Date) * Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials. * * * * 353. Amend section 52.225–12 by— a. Revising the section and clause headings; b. Removing from paragraph (a) ‘‘Act’’; c. Removing from paragraph (b) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place (two times); d. Removing from paragraphs (c)(1) the words ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place; and e. Amend Alternate I by— 1. Revising the date of Alernate I; and 2. Removing from paragraph (b) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. The revised text reads as follows: f. Removing from paragraph (c)(3) ‘‘Act’’ and adding ‘‘statute’’ in its place (two times). The revised text reads as follows: 52.225–21 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials. * * * * * Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials (Date) * * * * * 355. Amend section 52.225–22 by— a. Revising the section and clause headings; b. Removing from paragraph (a) ‘‘Buy American Act’’ and adding ‘‘Buy American Statute’’ in its place; c. Removing from paragraph (b) ‘‘American Act’’ and adding ‘‘American Statute’’ in its place (two times), and removing ‘‘inapplicability of 1605’’ and adding inapplicability of section 1605’’ in its place; d. Removing from paragraph (c)(1) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place; e. Amend Alternate I by— 1. Removing from the introductory text ‘‘(Mar 2009)’’ and adding ‘‘(Date)’’ in its place; and f. Removing from paragraph (b) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. The revised text reads as follows: 52.225–22 Notice Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute— Construction Materials. * * * * * 52.225–12 Notice of Buy American Requirement—Construction Materials Under Trade Agreements. Notice of Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials (Date) * * * * * * Notice of Buy American Requirement— Construction Materials Under Trade Agreements (Date) * * * * * Alternate I (Date). * * * * * * * * 354. Amend section 52.225–21 by— a. Revising the section and clause headings; b. Removing from paragraph (a) in the definition ‘‘Domestic construction material’’ in paragraph (a)(1) ‘‘Act’’ and adding ‘‘statute’’ in its place; c. Removing from paragraph (b)(1)(ii) ‘‘The Buy American Act (41 U.S.C. 10a– 10(d)’’ and adding ‘‘41 U.S.C. chapter 83, Buy American,’’ in its place; d. Removing from paragraph (b)(4)(iii) ‘‘Act’’ and adding ‘‘statute’’ in its place; e. Removing from paragraphs (c) and (c)(2) ‘‘Act’’ and adding ‘‘statute’’ in its place; and PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 * * * * 356. Amend section 52.225–23 by— a. Revising the section and clause headings; b. Removing from paragraph (a) in paragraph (1) of the definition ‘‘Domestic construction material’’, the words ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place; c. Removing from paragraphs (b)(1), (b)(1)(ii), (b)(4)(iii), (c) introductory text, (c)(2), and (c)(3) ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in their places; d. Amend Alternate I by— 1. Removing from the introductory text ‘‘(Oct 2010)’’ and adding ‘‘(Date)’’ in its place; and e. Removing from paragraphs (b)(1) and (b)(1)(ii) the words ‘‘Buy American Act’’ and adding ‘‘Buy American statute’’ in its place. The revised text reads as follows: E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 52.225–23 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials under Trade Agreements. * * * * * Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials Under Trade Agreements (Date) * * * * * 357. Amend section 52.225–24 by— a. Revising the section and provision headings; b. Removing from paragraphs (a) ‘‘American Act’’ and adding ‘‘American statute’’ in its place; c. Removing from paragraphs (b) ‘‘American Act’’ and adding ‘‘American statute’’ in its place (two times); d. Removing from paragraphs (c)(1) ‘‘American Act’’ and adding ‘‘American statute’’ in its place; e. Amend Alternate I by— 1. Removing from the introductory text ‘‘(MAR 2009)’’ and adding ‘‘(DATE)’’ in its place; and 2. Removing from paragraph (b) ‘‘American Act’’ and adding ‘‘American statute’’ in its place. The revised text reads as follows: 52.225–24 Notice of Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute— Construction Materials Under Trade Agreements. * * * * * 360. Amend section 52.227–14 by— a. Revising the date of the clause; b. Removing from paragraph (a) in the definition ‘‘Technical data’’ the words ‘‘databases (See 41 U.S.C. 403(8))’’ and adding ‘‘databases. (See 41 U.S.C. 116)’’ in its place; and c. Removing from the introductory text of paragraph (e)(1) ‘‘41 U.S.C. 253d’’ and adding ‘‘41 U.S.C. 4703’’ in its place. The revised text reads as follows: 52.227–14 Rights in Data—General. * * * * * Rights in Data—General (Date) * * * * * 361. Amend section 52.227–20 by revising the date of the clause; and removing from paragraph (a), in the definition ‘‘Technical data’’ the words ‘‘41 U.S.C. 403(8)’’ and adding ‘‘41 U.S.C. 116’’ in its place. The revised text is as follows: 52.227–20 Rights in Data—SBIR Program. * * * * * Rights in Data—SBIR Program (Date) * * * * * 362. Amend section 52.227–21 by revising the date of the clause; and by removing from paragraph (a) ‘‘41 U.S.C. 418a(d)(7)’’ and adding ‘‘41 U.S.C. 2302(e)(7)’’ in its place. The revised text reads as follows: 52.227–21 Technical Data Declaration, Revision, and Withholding of Payment— Major Systems. Notice of Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute Construction Materials Under Trade Agreements (Date) * * * * * 57977 (c)(2)(ii) ‘‘the Miller Act’’ and adding ‘‘40 U.S.C. chapter 31, subchapter III, Bonds’’ in its place. The revised text reads as follows: 52.228–14 Irrevocable Letter of Credit. * * * * * Irrevocable Letter of Credit (Date) * * * * * 365. Amend section 52.230–2 by revising the date of the clause; and removing from paragraph (b) ‘‘the Contract Disputes Act (41 U.S.C. 601)’’ and adding ‘‘41 U.S.C. chapter 71, Contract Disputes’’ in its place. The revised text reads as follows: 52.230–2 * * Cost Accounting Practices. * * * Cost Accounting Practices (Date) * * * * * 366. Amend section 52.230–3 by revising the date of the clause; and removing from paragraph (b) ‘‘the Contract Disputes Act (41 U.S.C. 601)’’ and adding ‘‘41 U.S.C. chapter 71, Contract Disputes’’ in its place. The revised text reads as follows: 52.230–3 Disclosure and Consistency of Cost Accounting Practices. * * * * * Disclosure and Consistency of Cost Accounting Practices (Date) * * * * * 367. Amend section 52.230–4 by revising the date of the clause; and removing from paragraph (b) ‘‘the Contract Disputes Act (41 U.S.C. 601)’’ and adding ‘‘41 U.S.C. chapter 71, Contract Disputes’’ in its place. The revised text reads as follows: * * * * 358. Amend section 52.226–6 by— a. Revising the date of the clause; and b. Removing from paragraph (b) ‘‘(Pub. L. 110–247)’’ and adding ‘‘(42 U.S.C. 1792)’’ in its place. The revised text reads as follows: Technical Data Declaration, Revision, and Withholding of Payment—Major System (Date) * * * * 363. Amend section 52.228–12 by revising the date of the clause and the clause to read as follows: 52.230–4 Disclosure and Consistency of Cost Accounting Practices—Foreign Concerns. 52.226–6 Promoting Excess Food Donation to Nonprofit Organizations. 52.228–12 Prospective Subcontractor Requests for Bonds. Disclosure and Consistency of Cost Accounting Practices—Foreign Concerns (Date) * * * * * * * Promoting Excess Food Donation to Nonprofit Organizations (Date) mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * * * * * 359. Amend section 52.227–11 by— a. Revising the date of the clause; and b. Removing from paragraph (k)(4) ‘‘Contract Disputes Act’’ and adding ‘‘Contract Disputes statute’’ in its place. The revised text reads as follows: 52.227–11 Patent Rights—Ownership by the Contractor. * * * * * Patent Rights—Ownership by the Contractor (Date) * * * VerDate Mar<15>2010 * * 20:18 Sep 17, 2012 Jkt 226001 * * * * * Prospective Subcontractor Requests for Bonds (Date) In accordance with Section 806(a)(3) of Pub. L. 102–190, as amended by Sections 2091 and 8105 of Pub. L. 103–355 (10 U.S.C. 2302 note), upon the request of a prospective subcontractor or supplier offering to furnish labor or material for the performance of this contract for which a payment bond has been furnished to the Government pursuant to 40 U.S.C. chapter 31, subchapter III, Bonds, the Contractor shall promptly provide a copy of such payment bond to the requester. (End of clause) 364. Amend section 52.228–14 by revising the date of the clause; and removing from paragraphs (c)(2)(i) and PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 * * * * * * * * * * 368. Amend section 52.230–5 by revising the date of the clause; and removing from paragraph (b) ‘‘the Contract Disputes Act (41 U.S.C. 601)’’ and adding ‘‘41 U.S.C. chapter 71, Contract Disputes’’ in its place. The revised text reads as follows: 52.230–5 Cost Accounting Standards— Educational Institutions. * * * * * Cost Accounting Standards—Educational Institutions (Date) * * * * * 369. Amend section 52.232–5 by revising the date of the clause; and E:\FR\FM\18SEP3.SGM 18SEP3 57978 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules removing from paragraph (h)(3) ‘‘41 U.S.C. 15’’ and adding ‘‘41 U.S.C. 6305’’ in its place. The revised text reads as follows: 52.232–5 Payments Under Fixed-Price Construction Contracts. * * * * * 374. Amend section 52.232–31 by revising the date of the clause; and removing from paragraph (c) ‘‘41 U.S.C. 255(f)’’ and adding ‘‘41 U.S.C. 4505’’ in its place. The revised text reads as follows: § 52.232–31 Invitation to Propose Financing Terms. Payments Under Fixed-Price Construction Contracts (Date) * * * * * * 370. Amend section 52.232–17 by revising the date of the clause; and removing from paragraph (a) ‘‘Section 611 of the Contract Disputes Act of 1978 (Public L. 95–563)’’ and adding ‘‘41 U.S.C. 7109’’ in its place. The revised text reads as follows: 52.232–17 Interest. * * * * * * * * * Invitation To Propose Financing Terms (Date) Interest (Date) * * * * 375. Amend section 52.232–36 by revising the date of the clause; and removing from paragraph (e) ‘‘, as amended, 31 U.S.C. 3727, 41 U.S.C. 15’’ and adding ‘‘(31 U.S.C. 3727, 41 U.S.C. 6305)’’ in its place. The revised text reads as follows: * 52.232–36 Payment by Third Party. * * * * * * 371. Amend section 52.232–23 by revising the date of the clause; and removing from paragraph (a) ‘‘41 U.S.C. 15’’ and adding ‘‘41 U.S.C. 6305’’ in its place. The revised text reads as follows: § 52.232–23 * * Assignment of Claims. * * * Assignment of Claims (Date) * * * * * 372. Amend section 52.232–24 by revising the date of the clause and the clause to read as follows: § 52.232–24 Claims. * * Prohibition of Assignment of * * * mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Prohibition of Assignment of Claims (Date) The assignment of claims under the Assignment of Claims Act of 1940 (31 U.S.C. 3727, 41 U.S.C. 6305) is prohibited for this contract. (End of clause) 373. Amend section 52.232–27 by— a. Revising the date of the clause; b. Removing from paragraphs (c)(2)(ii) and (e)(4)(ii) ‘‘section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)’’ and adding ‘‘41 U.S.C. 7109’’ in its place; c. Removing from paragraph (f)(1) ‘‘the Miller Act (40 U.S.C. 3133)’’ and adding ‘‘40 U.S.C. 3133’’ in its place; and d. Removing from paragraph (f)(2)(ii) ‘‘section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)’’ and adding ‘‘41 U.S.C. 7109’’ in its place. The revised text reads as follows: § 52.232–27 Prompt Payment for Construction Contracts. * * * * * * * * * Payment by Third Party (Date) * * * * * 376. Amend section 52.233–1 by— a. Revising the date of the clause and paragraph (a); b. Removing from paragraph (b) ‘‘the Act’’ and adding ‘‘chapter 71’’ in its place; c. Removing from paragraph (c) ‘‘the Act’’ and adding ‘‘chapter 71’’ in its place (three times); d. Removing from paragraphs (d)(2)(iii) and (d)(3) ‘‘duly’’; and e. Removing from paragraph (f) ‘‘the Act’’ and adding ‘‘chapter 71’’ in its place. The revised text reads as follows: 52.233–1 * * Disputes. * * * Disputes (Date) (a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. * * * * * 377. Amend section 52.234–4 by revising the date of the clause; and removing from paragraph (f) ‘‘a duly’’ and adding ‘‘an’’ in its place. The revised text reads as follows: 52.234–4 System. * * Earned Value Management * * * Earned Value Management System (Date) * * * * * 378. Amend section 52.237–9 by revising the date of the clause; and removing from paragraph (a) ‘‘41 U.S.C. 256(c)(2)(A)’’ and adding ‘‘41 U.S.C. 4304(b)(1)’’ in its place. The revised text reads as follows: Prompt Payment for Construction Contracts (Date) 52.247–9 Waiver of Limitation on Severance Payment to Foreign Nationals. * * * * VerDate Mar<15>2010 * * 20:18 Sep 17, 2012 Jkt 226001 PO 00000 * * Frm 00030 * Fmt 4701 * Sfmt 4702 Waiver of Limitation on Severance Payments to Foreign Nationals (Date) * * * * * 379. Amend section 52.242–3 by— a. Revising the date of the clause; b. Removing from paragraph (b) ‘‘41 U.S.C. 256’’ and adding ‘‘41 U.S.C. chapter 43’’ in its place; and c. Removing from paragraph (f) ‘‘the Contract Disputes Act of 1978 (41 U.S.C. 601, et seq.)’’ and adding ‘‘chapter 71, Contract Disputes’’ in its place. The revised text reads as follows: 52.242–3 * * Penalties for Unallowable Costs. * * * Penalties for Unallowable Costs (Date) * * * * * 380. Amend section 52.244–6 by— a. Revising the date of the clause; b. Removing from paragraph (c)(1)(i) ‘‘(Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C. 251 note))’’ and adding ‘‘(41 U.S.C. 3509)’’ in its place; and c. Removing from paragraph (c)(1)(iii) ‘‘(DEC 2010)’’ and adding ‘‘(DATE)’’ in its place. The revised text reads as follows: 52.244–6 Items. * * Subcontracts for Commercial * * * Subcontracts for Commercial Items (Date) * * * * * PART 53—FORMS 53.214 [Amended] Amend section 53.214 by removing from paragraph (a) ‘‘(Rev. 5/ 2011)’’ and adding ‘‘(Rev. 3/2012)’’ in its place. 376. Amend section 53.222 by— a. Revising paragraph (c); b. Removing from paragraph (d) ‘‘Act’’ and adding ‘‘Statute’’ in its place; and revising paragraphs (e), (f), and (h) to read as follows: 375. 53.222 Application of labor laws to Government acquisitions (SF’s 308, 1093, 1413, 1444, 1445, 1446, WH–347). * * * * * (c) SF 308 (DOL) (Rev. 1/2012), Request for Wage Determination and Response to Request. (See 22.404–3(a) and (b).) (d) SF 1093 (Rev. 5/2012), Schedule of Withholdings Under the Construction Wage Rate Requirements Statute (40 U.S.C. Chapter 31, Subchapter IV, § 3144) and/or the Contract Work Hours and Safety Standards Statute (40 U.S.C. Chapter 37, § 3703). (e) SF 1413 (Rev. 2/2012), Statement and Acknowledgment. SF 1413 is prescribed for use in obtaining contractor acknowledgment of inclusion of required clauses in subcontracts, as specified in 22.406–5. E:\FR\FM\18SEP3.SGM 18SEP3 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules (f) Form SF 1444 (Rev. 2/2012), Request for Authorization of Additional Classification and Rate. (See 22.406– 3(a) and 22.1019.) * * * * * (h) SF 1446 (Rev. 4/2012), Labor Standards Investigation Summary Sheet. (See 22.406–8(d).) * * * * * 53.228 [Amended] 377. Amend section 53.228 by— a. Removing from paragraph (b) ‘‘(Rev. 5/96)’’ and adding ‘‘(Rev. 2/2012)’’ in its place; b. Removing from paragraph (c) ‘‘(Rev. 10/98)’’ and adding ‘‘(Rev. 2/2012)’’ in its place; and c. Removing from paragraphs (h) and (i) ‘‘(Rev. 10/98)’’ and ‘‘Miller Act’’ and adding ‘‘Bond Statute’’ and ‘‘(Rev. 2/ 2012)’’ in its place, respectively. 53.236–2 [Amended] 378. Amend section 53.236–2 by removing from paragraph (b) ‘‘(6/04)’’ and adding ‘‘(Rev. 2/2012)’’ in its place. 378. Revise section 53.301–25 to read as follows: 53.301–25 Performance Bond. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 [Insert SF 25 here.] VerDate Mar<15>2010 20:18 Sep 17, 2012 379. Revise section 53.301–25A to read as follows: 385. Revise section 53.301–1093 to read as follows: 53.301–25A 53.301–1093 Schedule of Withholdings Under the Construction Wage Rate Requirements Statute (40 U.S.C. Chapter 31, Subchapter IV, § 3144) and/or the Contract Work Hours and Safety Standards Statute (40 U.S.C. Chapter 37, § 3703). Payment Bond. [Insert SF 25A here.] 380. Revise section 53.301–26 to read as follows: 53.301–26 Award/Contract. [Insert SF 26 here.] 381. Revise section 53.301–273 to read as follows: 53.301–273 Reinsurance Agreement for a Bonds Statute Peformance Bond. [Insert SF 273 here.] 382. Revise section 53.301–274 to read as follows: 53.301–274 Reinsurance Agreement for a Bonds Statute Payment Bond. [Insert SF 274 here.] 383. Revise section 53.301–308 to read as follows: [Insert SF 1093 here.] 386. Revise section 53.301–1413 to read as follows: 53.301–1413 Statement and Acknowledgement. [Insert SF 1413 here.] 387. Revise section 53.301–1444 to read as follows: 53.301–1444 Request for Authorization of Additional Classification and Rate. 53.301–308 Request for Wage Determination and Response To Request. [Insert SF 1444 here.] 388. Revise section 53.301–1446 to read as follows: [Insert SF 308 here.] 384. Revise section 53.301–330 to read as follows: 53.301–1446 Labor Standards Investigation Summary Sheet. 53.301–330 Architect-Engineer Qualifications. [FR Doc. 2012–21874 Filed 9–17–12; 8:45 am] [Insert SF 330 here.] Jkt 226001 57979 PO 00000 Frm 00031 Fmt 4701 Sfmt 9990 [Insert SF 1446 here.] BILLING CODE 6820–14–P E:\FR\FM\18SEP3.SGM 18SEP3

Agencies

[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Proposed Rules]
[Pages 57949-57979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21874]



[[Page 57949]]

Vol. 77

Tuesday,

No. 181

September 18, 2012

Part V





Department of Defense





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Parts 1, 2, 3, et al.





Federal Acquisition Regulation; Positive Law Codification of Title 41; 
Proposed Rule

Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / 
Proposed Rules

[[Page 57950]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 
17, 19, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 36, 37, 38, 39, 
41, 42, 43, 44, 46, 47, 48, 50, 51, 52, and 53

[FAR Case 2011-018; Docket 2011-0018; Sequence 1]
RIN 9000-AM30


Federal Acquisition Regulation; Positive Law Codification of 
Title 41

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to conform references throughout the FAR 
to the new Positive Law Codification of Title 41, United States Code, 
``Public Contracts.''

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addressees shown below on or 
before November 19, 2012 to be considered in the formation of the final 
rule.

ADDRESSES: Submit comments in response to FAR Case 2011-018 by any of 
the following methods:
     Regulations.gov: https://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2011-018''. Select the link ``Submit a Comment'' that corresponds with 
``FAR Case 2011-018.'' Follow the instructions provided at the ``Submit 
a Comment'' screen. Please include your name, company name (if any), 
and ``FAR Case 2011-018'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th 
Floor, Washington, DC 20417.
    Instructions: Please submit comments only and cite FAR Case 2011-
018, 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. Edward N. Chambers, Procurement 
Analyst, at 202-501-3221, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAR Case 2011-018.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 4, 2011, Public Law 111-350 enacted a new codified 
version of Title 41 United States Code (U.S.C.), entitled ``Public 
Contracts.'' The purpose of this proposed rule is to update all 
references to Title 41 in the FAR to conform to the positive law 
codification.
    Furthermore, this rule proposes further updates to complete the 
implementation of the recodification of title 40 in the FAR (see final 
rule under FAR Case 2005-010, Title 40 of United States Code Reference 
Corrections, published in the Federal Register at 70 FR 57453 on 
September 30, 2005).

II. Discussion and Analysis

    There are three types of changes throughout the FAR, including some 
standard forms:
    A. Change to the citation (e.g., ``41 U.S.C. 10a-10d'' now reads 
``41 U.S.C. chapter 83'').
    B. Change to the popular names of the Acts (e.g., the ``Service 
Contract Act of 1965'' is now the ``Service Contract Labor Standards 
statute''). A table providing the popular names of the Acts, the 
present statutory citation, and the new titles of the statutes is 
proposed at FAR 1.110. This table covers Acts under both titles 40 and 
41.
    C. Changes to terminology which did not involve substantive changes 
to the meaning of the statutes. The changes are summarized in the 
following table:

------------------------------------------------------------------------
       Statutory cite
        in 41 U.S.C.     Change from           To           FAR cites
------------------------------------------------------------------------
 1.   104............  Definition of    ``46 U.S.C.      2.101, 22.1801,
                        COTS item:       40102(4)''.      52.209-6,
                        ``section 3 of                    52.222-54,
                        the Shipping                      52.225-1,
                        Act of 1984                       52.225-3,
                        (46 U.S.C.                        52.225-9,
                        App. 1702)''.                     52.225-11.
 2.   2105(c)(1).....  ``has engaged    ``has            3.703, 52.203-
                        in conduct       violated''/      8.
                        constituting a   ``violates.''.
                        violation of''/
                        ``constitutes
                        a violation
                        of''.
 3.   1705 and         ``competition    ``advocate for   6.000,
       4106(g)(2).      advocate''.      competition''.   6.304(a),
                                                          subpart 6.5
                                                          (multiple),
                                                          7.104(c),
                                                          8.405-3(e)(3),
                                                          8.405-6(d),
                                                          9.202(b),
                                                          13.501(a)(2)(i
                                                          i),
                                                          16.505(b)(2)(i
                                                          i)(C).
 4.   3901...........  ``in its         Delete phrase..  52.203-5.
                        discretion,''.
 5.   6308...........  ``let''........  ``award''......  3.303(c)(5),
                                                          19.800(a),
                                                          52.219-8.
 6.   6701...........  ``Outer          ``outer          22.305,
                        Continental      Continental      22.1001,
                        Shelf lands''.   Shelf''.         52.213-4(b).
 7.   7103...........  ``duly''.......  Delete word....  33.201,
                                                          33.207(e),
                                                          52.233-1.
 8.   8501 and 29 CFR  ``handicapped''  ``disabled'' or  5.202(a)(4),
       525.                              ``workers with   9.102(b)(3),
                                         disabilities''.  15.404-4(d)(1)
                                                          (iii), 22.102-
                                                          1(h), 22.1019,
                                                          52.222--20, -
                                                          38, 41.
 9.   Chapter 85 (see  Trust Territory  Delete.........  52.212-3, Alt
       48 U.S.C. note   of the Pacific.                   I, 52.219-1,
       prec. 1681).                                       Alt I.
10.   8701 and 8702..  ``directly or    Delete.........  3.502-1(a),
                        indirectly''.                     52.203-7(a).
11.   8703...........  ``Department of  ``Attorney       3.502-2(g),
                        Justice''.       General''.       52.203-7(c)(2)
                                                          .
------------------------------------------------------------------------


[[Page 57951]]

    Additionally, this case makes numerous minor corrections to the FAR 
apart from the changes directly due to the recodification:
     References to title 10 of the United States Code are 
corrected at FAR 6.302-5(c)(1), 7.102(a)(2), 7.103(a), 7.202(a), 
15.303(b)(4) and (6), 15.404-1(f)(2), 32.006-1(a), and 32.006-5.
     Codification citations are added for Authorization Acts, 
for Appropriations Acts and other public laws at FAR 8.602(a), 
9.402(d), 12.000, 12.102(g)(1), 12.504(a)(13), 16.505(a)(9), 19.201(d), 
23.704(b)(1)(ii), 25.405, 25.700(b), 26.400, 28.106-4(b), 28.106-6(d), 
31.205-1(f)(8), 32.112-1(a), 32.112-2(a), 52.212-5(a)(3) and (c)(7), 
(e)(1)(xiii), and in (e)(1)(ii)(M) of Alternate II; 52.213-
4(a)(1)(vii), (b)(1)(x), 52.226-6(b), and 52.228-12.
     FAR 12.201 deletes the reference to Public Law 103-355, 
which is already covered at 12.000.
     The title of the clause at FAR 52.244-6 is corrected at 
FAR 12.502(b) and 44.402(b).
     FAR 1.501 is corrected to conform to 41 U.S.C. 1707 and 
FAR 1.301.
     FAR 22.1502--the relationship of three statutes is 
conformed to language used in Executive Order 13126.
     Obsolete references are deleted at FAR 43.102(c) and 
50.103-3(c).
     The Executive order citation is added for FAR 52.222-54, 
Employment Eligibility Verification, at 52.212-5(e)(1)(xii) and 
Alternate II at (e)(1)(ii)(L).

III. Executive Order 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The Department of Defense (DoD), the General Services 
Administration (GSA), and the National Aeronautics and Space 
Administration (NASA) 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 rule does not change or add any policies or 
procedures. The rule merely updates references and terminology. 
Therefore, an Initial Regulatory Flexibility Analysis has not been 
performed. DoD, GSA, and NASA invite comments from small business 
concerns and other interested parties on the expected impact of this 
rule on small entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the 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 2011-018) in 
all correspondence.

V. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; 
however, these changes to the FAR do not imposed additional information 
collection requirements to the paperwork burden previously approved 
under the Office of Management and Budget Control Number 1215-0017, 
titled: Records to be Kept by Employers-FLSA; 1215-0119, titled: 
Requirements of a Bono Fide Thrift or Savings Plan; 1215-0140, titled: 
Affected Public: Business or other for-profit; Federal Government; 
State, Local or Tribal Government; 1215-0149, titled: Optional Use 
Payroll Form under the Davis-Bacon Act; 1215-0150, titled: 
Nondisplacement of Qualified Workers Under Service Contracts; 9000-
0014, titled: Statement and Acknowledgement; 9000-0024, titled: Buy 
American Act Certificate; 9000-0025, titled: Trade Agreement 
Certificate; 9000-0035, titled: Claims and Appeals; 9000-0045, titled: 
Bid Guarantees, Performance and Payment Bonds, and Alternative Payment 
Protections; 9000-0070, titled: Payments; 9000-0089, titled: Request 
for Authorization of Additional Classification and Rate, Standard Form 
1444; 9000-0090, titled: Rights in Data and Copyrights; 9000-0091, 
titled: Anti-Kickback Procedures; 9000-0094, titled: Debarment and 
Suspension; 9000-0102, titled: Prompt Payment; 9000-0113, titled: 
Acquisition of Helium; 9000-0130, titled: Buy American Act-Free Trade 
Agreements-Israeli Trade Act Certificate; 9000-135, titled: Prospective 
Subcontractor Requests for Bonds; 9000-0136, titled: Commercial Item 
Acquisitions; 9000-0138, titled: Contract Financing; 9000-0141, titled: 
Buy American Act--Construction; 9000-0154, titled: Davis Bacon Act--
Price Adjustments (Actual Method).

List of Subjects in 48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 
12, 13, 14, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 
33, 36, 37, 38, 39, 41, 42, 43, 44, 46, 47, 48, 50, 51, 52, and 53.

    Government procurement.


    Dated: August 30, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 2, 
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 22, 23, 24, 
25, 26, 27, 28, 30, 31, 32, 33, 36, 37, 38, 39, 41, 42, 43, 44, 46, 47, 
48, 50, 51, 52, and 53 as set forth below:
    1. The authority citation for 48 CFR parts 1, 2, 3, 4, 5, 6, 7, 8, 
9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 28, 30, 
31, 32, 33, 36, 37, 38, 39, 41, 42, 43, 44, 46, 47, 48, 50, 51, 52, and 
53 is revised to read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

    2. Amend section 1.103 by revising paragraph (a) to read as 
follows:


1.103  Authority.

    (a) The development of the FAR System is in accordance with the 
requirements of (41 U.S.C. chapter 13, Acquisition Councils).
* * * * *


1.106  [Amended]

    3. Amend section 1.106 by removing from the introductory paragraph 
``(Pub. L. 96-511)'' and adding ``(44 U.S.C. chapter 35)'' in its 
place.
    4. Amend section 1.107 by revising the introductory paragraph to 
read as follows:


1.107  Certifications.

    In accordance with 41 U.S.C. 1304, a new requirement for a 
certification by a contractor or offeror may not be included in this 
chapter unless--
* * * * *
    5. Amend section 1.109 by removing from paragraph (a) ``41 U.S.C. 
431a'' and adding ``41 U.S.C. 1908'' in its place; and revising 
paragraph (c) to read as follows:


1.109  Statutory acquisition-related dollar thresholds--adjustment for 
inflation.

* * * * *
    (c) The statute does not permit escalation of acquisition-related 
dollar

[[Page 57952]]

thresholds established by 40 U.S.C. chapter 31, subchapter IV, Wage 
Rate Requirements (Construction 41 U.S.C. chapter 67, Service Contract 
Labor Standards; or the United States Trade Representative pursuant to 
the authority of the Trade Agreements Act of 1979 (19 U.S.C. 2511 et 
seq.).
* * * * *
    6. Add section 1.110 to read as follows:


1.110  Positive Law codification.

    (a) Public Law 107-217 revised, codified, and enacted as title 40, 
United States Code, Public Buildings, Property, and Works, certain 
general and permanent laws of the United States.
    (b) Public Law 111-350 revised, codified, and enacted as title 41, 
United States Code, Public Contracts, certain general and permanent 
laws of the United States.
    (c) The following table provides cross references between the 
historical titles of the acts, and the current reference in title 40 or 
title 41.

------------------------------------------------------------------------
                                Division/chapter/
   Historical title of Act         subchapter               Title
------------------------------------------------------------------------
Anti-Kickback Act...........  41 U.S.C. chapter 87  Kickbacks.
Brooks Architect-Engineer     40 U.S.C. chapter 11  Selection of
 Act.                                                Architects and
                                                     Engineers.
Buy American Act............  41 U.S.C.chapter 83.  Buy American.
Contract Disputes Act of      41 U.S.C.chapter 71.  Contract Disputes.
 1978.
Contract Work Hours and       40 U.S.C. chapter 37  Contract Work Hours
 Safety Standards Act.                               and Safety
                                                     Standards.
Davis-Bacon Act.............  40 U.S.C. chapter     Wage Rate
                               31, Subchapter IV.    Requirements
                                                     (Construction).
Drug-Free Workplace Act.....  41 U.S.C.chapter 81.  Drug-Free Workplace.
Federal Property and          41 U.S.C. Div. C of   Procurement.
 Administrative Services Act   subtitle I*.
 of 1949, Title III.
Javits-Wagner-O'Day Act.....  41 U.S.C. chapter 85  Committee for
                                                     Purchase from
                                                     People Who Are
                                                     Blind or Severely
                                                     Disabled.
Miller Act..................  40 U.S.C. chapter     Bonds.
                               31, subchapter III.
Office of Federal             41 U.S.C. Div. B of   Office of Federal
 Procurement Policy Act.       subtitle I**.         Procurement Policy.
Procurement Integrity Act...  41 U.S.C. chapter 21  Restrictions on
                                                     Obtaining and
                                                     Disclosing Certain
                                                     Information.
Service Contract Act of 1965  41 U.S.C. chapter 67  Service Contract
                                                     Labor Standards.
Truth in Negotiations Act...  41 U.S.C. chapter 35  Truthful Cost or
                                                     Pricing Data.
Walsh-Healey Public           41 U.S.C. chapter 65  Contracts for
 Contracts Act.                                      Materials,
                                                     Supplies, Articles,
                                                     and Equipment
                                                     Exceeding $15,000.
------------------------------------------------------------------------
* Except sections 3302, 3501(b), 3509, 3906, 4710, and 4711.
** Except sections 1704 and 2303.

    7. Amend section 1.301 by revising the first sentence of paragraph 
(b) to read as follows:


1.301  Policy.

* * * * *
    (b) Agency heads shall establish procedures to ensure that agency 
acquisition regulations are published for comment in the Federal 
Register in conformance with the procedures in subpart 1.5 and as 
required by 41 U.S.C. 1707, and other applicable statutes, when they 
have a significant effect beyond the internal operating procedures of 
the agency or have a significant cost or administrative impact on 
contractors or offerors. * * *
* * * * *


1.501-1  [Amended]

    8. Amend section 1.501-1 by removing from the first sentence 
``having a significant'' and adding ``and which have a significant'' in 
its place.


1.602-3  [Amended]

    9. Amend section 1.602-3 by removing from paragraph (b)(5) ``under 
the Contract Disputes Act of 1978'' and adding ``under 41 U.S.C. 
chapter 71, Contract Disputes,'' in its place.


1.603-1  [Amended]

    10. Amend section 1.603-1 by removing ``Subsection 414(4) of Title 
41, United States Code,'' and adding ``41 U.S.C. 1702(b)(3)(F)'' in its 
place.

PART 2--DEFINITIONS OF WORDS AND TERMS

    11. Amend section 2.101 in paragraph (b) by--
    a. Removing from the definition ``Certified cost or pricing data'' 
the citation ``41 U.S.C. 254b)'' and adding ``41 U.S.C. chapter 35)'' 
in its place;
    b. Removing from the definition ``Chief Acquisition Officer'' the 
words ``to the Services Acquisition Reform Act of 2003, Section 1421 of 
Public Law 108-136'' and adding ``41 U.S.C. 1702'' in its place;
    c. Removing from the definition ``Claim'' the words ``the Contract 
Disputes Act of 1978'' and ``by the Act'' and adding ``41 U.S.C. 
chapter 71, Contract Disputes,'' and ``by the statute'' in its place, 
respectively;
    d. Removing from the definition ``Commercially available off-the-
shelf (COTS) item'', in paragraph (2), ``section 3 of the Shipping Act 
of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 40102(4),'' in 
its place;
    e. Removing from the first sentence of the definition ``Cost or 
pricing data'' the words ``41 U.S.C. 254b)'' and adding ``41 U.S.C. 
chapter 35) in its place;
    f. Removing from the definition ``Humanitarian or peacekeeping 
operation'' the citation ``41 U.S.C. 259(d)'' and adding ``41 U.S.C. 
153(2)'' in its place;
    g. Revising the definition ``Ineligible'';
    h. Removing from the definition ``Major system'', in paragraph (3), 
``41 U.S.C. 403'' and adding ``41 U.S.C. 109'' in its place;
    i. Revising the definition ``Micro-purchase threshold'';
    j. Revising the definition ``Senior procurement executive'';
    k. Removing from the definition ``Simplified acquisition 
threshold'' in the introductory paragraph, ``(41 U.S.C. 428a)'' and 
adding ``(41 U.S.C. 1903)'' in its place;
    l. Removing from the definition ``Technical data'' the words ``(See 
41 U.S.C. 403(8))'' and adding ``(See 41 U.S.C. 116)'' in its place; 
and
    m. Revising the definition ``Value engineering'' to read as 
follows:


2.101  Definitions.

* * * * *
    (b) * * *
    (2) * * *
    Ineligible means excluded from Government contracting (and 
subcontracting, if appropriate) pursuant to statutory, Executive order, 
or regulatory authority other than this regulation (48 CFR Chapter 1) 
and its implementing and supplementing regulations; for example, 
pursuant to--

[[Page 57953]]

    (1) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements 
(Construction), and its related statutes and implementing regulations;
    (2) 41 U.S.C. chapter 67, Service Contract Labor Standards;
    (3) The Equal Employment Opportunity Acts and Executive orders;
    (4) 41 U.S.C. chapter 65, Contracts for Material, Supplies, 
Articles, and Equipment Exceeding $15,000;
    (5) 41 U.S.C. chapter 83, Buy American; or
    (6) The Environmental Protection Acts and Executive orders.
* * * * *
    Micro-purchase threshold means $3,000, except it means--
    (1) For acquisitions of construction subject to 40 U.S.C. chapter 
31, subchapter IV, Wage Rate Requirements (Construction), $2,000;
    (2) For acquisitions of services subject to 41 U.S.C. chapter 67, 
Service Contract Labor Standards, $2,500; and
    (3) For acquisitions of supplies or services that, as determined by 
the head of the agency, are to be used to support a contingency 
operation or to facilitate defense against or recovery from nuclear, 
biological, chemical or radiological attack as described in 
13.201(g)(1), except for construction subject to 40 U.S.C. chapter 31, 
subchapter IV, Wage Rate Requirements (Construction) (41 U.S.C. 1903]--
    (i) $15,000 in the case of any contract to be awarded and 
performed, or purchase to be made, inside the United States; and
    (ii) $30,000 in the case of any contract to be awarded and 
performed, or purchase to be made, outside the United States.
* * * * *
    Senior procurement executive means the individual appointed 
pursuant to 41 U.S.C. 1702(c) who is responsible for management 
direction of the acquisition system of the executive agency, including 
implementation of the unique acquisition policies, regulations, and 
standards of the executive agency.
* * * * *
    Value engineering means an analysis of the functions of a program, 
project, system, product, item of equipment, building, facility, 
service, or supply of an executive agency, performed by qualified 
agency or contractor personnel, directed at improving performance, 
reliability, quality, safety, and life-cycle costs 41 U.S.C. 1711). For 
use in the clause at 52.248-2, see the definition at 52.248-2(b).
* * * * *

PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

    12. Amend section 3.104-1 in the definition ``Contractor bid or 
proposal information'' by revising paragraph (1); and removing from the 
definition ``Federal agency procurement'' the words ``of the Act'' and 
adding ``of 41 U.S.C. chapter 21'' in its place.
    The revised text reads as follows:


3.104-1  Definitions.

* * * * *
    Contractor bid or proposal information * * *
    (1) Cost or pricing data (as defined by 10 U.S.C. 2306a(h)) with 
respect to procurements subject to that section, and 41 U.S.C. 
3501(a)(2), with respect to procurements subject to that section.
* * * * *
    13. Amend section 3.104-2 by revising paragraph (a) to read as 
follows:


3.104-2  General.

    (a) This section implements 41 U.S.C. chapter 21, Restrictions on 
Obtaining and Disclosing Certain Information. Agency supplementation of 
3.104, including specific definitions to identify individuals who 
occupy positions specified in 3.104-3(d)(1)(ii), and any clauses 
required by 3.104 must be approved by the senior procurement executive 
of the agency, unless a law establishes a higher level of approval for 
that agency.
* * * * *


3.104-3  [Amended]

    14. Amend section 3.104-3 by--
    a. Removing from the introductory text of paragraph (a) 
``(subsection 27(a) of the Act)'' and adding ``(41 U.S.C. 2102)'' in 
its place;
    b. Removing from paragraph (b) ``(subsection 27(b) of the Act)'' 
and adding ``(41 U.S.C. 2102)'' in its place;
    c. Removing from the introductory text of paragraph (c) 
``(subsection 27(c) of the Act)'' and adding ``(41 U.S.C. 2103)'' in 
its place;
    d. Removing from paragraph (c)(4) ``(subsection 27(c) of the Act)'' 
and adding ``(41 U.S.C. 2103)'' in its place; and
    e. Removing from the introductory text of paragraph (d) 
``subsection 27(d) of the Act'' and adding ``(41 U.S.C. 2103)'' in its 
place.


3.104-4  [Amended]

    15. Amend section 3.104-4 by removing from paragraph (f)(1) 
``section 27 of the Act'' and adding ``41 U.S.C. chapter 21'' in its 
place.


3.104-6  [Amended]

    16. Amend section 3.104-6 by removing from paragraphs (a), (c), and 
(d)(3) ``subsection 27(d) of the Act'' and adding ``41 U.S.C. 2104'' in 
its place.


3.104-7  [Amended]

    17. Amend section 3.104-7 by--
    a. Removing from the introductory text of paragraph (a) 
``subsection 27(a), (b), (c), or (d) of the Act'' and adding ``41 
U.S.C. 2102, 2103 or 2104'' in its place;
    b. Removing from paragraph (b)(5) ``subsection 27(e) of the Act'' 
and adding ``41 U.S.C. 2105'' in its place;
    c. Removing from paragraph (c) ``the Act'' and adding ``41 U.S.C. 
chapter 21'' in its place; and
    d. Removing from the introductory text of paragraph (d) ``section 
27 of the Act'' and adding ``41 U.S.C. chapter 21'' in its place;
    e. Removing from paragraph (d)(2)(ii)(A) ``subsections 27(a) or (b) 
of the Act'' and adding ``41 U.S.C. 2102'' in its place; and
    f. Removing from paragraph (d)(2)(ii)(B) ``subsection 27(c)(1) of 
the Act'' and adding ``41 U.S.C. 2105(a)'' in its place.


3.104-8  [Amended]

    18. Amend section 3.104-8 by removing from the introductory 
paragraph ``the Act'' and adding 41 U.S.C. chapter 21'' in its place; 
and removing from paragraphs (a) and (b) ``subsection 27(e) of the 
Act'' and adding ``41 U.S.C. 2105'' in its place.


3.303  [Amended]

    19. Amend section 3.303 by removing from paragraph (a) ``41 U.S.C. 
253b(i)'' and adding ``41 U.S.C. 3707'' in its place; and removing from 
paragraph (c)(5) ``let by'' and adding ``awarded by'' in its place.


3.400  [Amended]

    20. Amend section 3.400 by removing ``41 U.S.C. 254(a)'' and adding 
``41 U.S.C. 3901'' in its place.


3.402  [Amended]

    21. Amend section 3.402 by removing from the introductory paragraph 
``41 U.S.C. 254(a)'' and adding ``41 U.S.C. 3901'' in its place.


3.502-1  [Amended]

    22. Amend section 3.502-1 by removing from the definition 
``Kickback'' ``, directly or indirectly,''.
    23. Amend section 3.502-2 by--
    a. Revising the introductory text, and paragraphs (d)(3) and (g);
    b. Removing from the introductory text of paragraph (h), and 
paragraphs (i)(1), and (i)(2) ``the Act'' and adding ``Kickbacks 
statute'' in its place; and

[[Page 57954]]

    c. Revising (j) to read as follows:


3.502-2  Subcontractor Kickbacks.

    The Anti-Kickback Act of 1986 (now codified at 41 U.S.C. chapter 
87, Kickbacks,) was passed to deter subcontractors from making payments 
and contractors from accepting payments for the purpose of improperly 
obtaining or rewarding favorable treatment in connection with a prime 
contractor a subcontract relating to a prime contract. The Kickbacks 
statute--
* * * * *
    (d) Provides that--
    (3) An offset under subparagraph (d)(1) or a direction under 
subparagraph (d)(2) of this subsection is a claim by the Government for 
the purposes of 41 U.S.C. chapter 71, Contract Disputes.
* * * * *
    (g) Requires a prime contractor or subcontractor to report in 
writing to the inspector general of the contracting agency, the head of 
the contracting agency if the agency does not have an inspector 
general, or the Attorney General any possible violation of the 
Kickbacks statute when the prime contractor or subcontractor has 
reasonable grounds to believe such violation may have occurred.
* * * * *
    (j) Notwithstanding paragraph (i) of this subsection, a prime 
contractor shall cooperate fully with any Federal Government agency 
investigating a violation of 41 U.S.C. 8702 (See also 41 U.S.C. 
8703(b)).


3.503-1  [Amended]

    24. Amend section 3.503-1 by removing ``41 U.S.C. 253g'' and adding 
``41 U.S.C. 4704'' in its place.
    25. Amend section 3.703 by revising the introductory text of 
paragraph (b) and (b)(1) to read as follows:


3.703  Authority.

* * * * *
    (b) 41 U.S.C. 2105(c) requires a Federal agency, upon receiving 
information that a contractor or a person has violated 41 U.S.C. 2102, 
to consider rescission of a contract with respect to which--
    (1) The contractor or someone acting for the contractor has been 
convicted for an offense punishable under 41 U.S.C. 2105(a); or
* * * * *


3.704  [Amended]

    26. Amend section 3.704 by removing from the introductory text of 
paragraph (c) ``subsection 27(e) of the OFPP Act'' and adding ``41 
U.S.C. 2105'' in its place.
    27. Amend section 3.705 by revising paragraph (e) to read as 
follows:


3.705  Procedures.

* * * * *
    (e) Final agency decision. The final agency decision shall be based 
on the information available to the agency head or designee, including 
any pertinent information submitted or, if a hearing was held, 
presented at the hearing. If the agency decision declares void and 
rescinds the contract, the final decision shall specify the amounts due 
and property to be returned to the agency, and reflect consideration of 
the fair value of any tangible benefits received and retained by the 
agency. Notice of the decision shall be sent promptly by certified 
mail, return receipt requested. Rescission of contracts under the 
authority of the Act and demand for recovery of the amounts expended 
and property transferred therefore, is not a claim within the meaning 
of 41 U.S.C. chapter 71, Contract Disputes, or part 33. Therefore, the 
procedures required by the statute and the FAR for the issuance of a 
final contracting officer decision are not applicable to final agency 
decisions under this subpart, and shall not be followed.
    28. Amend section 3.900 by revising paragraph (a) to read as 
follows:


3.900  Scope of subpart.

    (a) Sections 3.901 through 3.906 of this subpart implements 10 
U.S.C. 2409 and 41 U.S.C. 4705.
* * * * *

PART 4--ADMINISTRATIVE MATTERS

    29. Revise section 4.500 to read as follows:


4.500  Scope of subpart.

    This subpart provides policy and procedures for the establishment 
and use of electronic commerce in Federal acquisition as required by 41 
U.S.C. 2301.


4.502  [Amended]

    30. Amend section 4.502 by removing from the introductory text of 
paragraph (b) ``Section 30 of the OFPP Act (41 U.S.C. 426)'' and adding 
``41 U.S.C. 2301'' in its place.
    31. Amend section 4.602 by revising paragraph (a)(2) to read as 
follows:


4.602  General.

    (a) * * *
* * * * *
    (2) A means of measuring and assessing the effect of Federal 
contracting on the Nation's economy and the extent to which small, 
veteran-owned small, service-disabled veteran-owned small, HUBZone 
small, small disadvantaged, women-owned small business concerns, and 
AbilityOne nonprofit agencies operating under 41 U.S.C. chapter 85, 
Committee for Purchase from People Who Are Blind or Severely Disabled, 
are sharing in Federal contracts;
* * * * *


4.805  [Amended]

    32. Amend section 4.805 by removing from paragraph (b)(1) ``Act'' 
and adding ``statute'' in its place.


4.1202  [Amended]

    33. Amend section 4.1202 by--
    (a) Removing from paragraphs (p) and (q) ``Act'' and adding ``Labor 
Standards'' in its place;
    (b) Removing from paragraph (u) ``Buy American Act'' and adding 
``Buy American Certificate.'' in their places; and
    (c) Removing from paragraph (v) ``Buy American Act'' and adding 
``Buy American-Free'' in its place.

PART 5--PUBLICIZING CONTRACT ACTIONS

    34. Amend section 5.101 by revising the introductory text of 
paragraph (a) to read as follows:


5.101  Methods of disseminating information.

    (a) As required by the Small Business Act (15 U.S.C. 637(e)) and 41 
U.S.C. 1708, contracting officers must disseminate information on 
proposed contract actions as follows:
* * * * *
    35. Amend section 5.201 by revising paragraph (a) to read as 
follows:


5.201  General.

    (a) As required by the Small Business Act (15 U.S.C. 637(e)) and 41 
U.S.C. 1708, agencies must make notices of proposed contract actions 
available as specified in paragraph (b) of this section.
* * * * *
    36. Amend section 5.202 by revising paragraph (a)(4) to read as 
follows:


5.202  Exceptions.

* * * * *
    (a) * * *
    (4) The proposed contract action is expressly authorized or 
required by a statute to be made through another Government agency, 
including acquisitions from the Small Business Administration (SBA) 
using the authority of section 8(a) of the Small Business Act (but see 
5.205(f)), or from a specific source such as a workshop for the blind 
under the rules of the

[[Page 57955]]

Committee for the Purchase from People Who Are Blind or Severely 
Disabled;
* * * * *
    37. Amend section 5.207 by removing from paragraph (c)(14)(i) 
``Act''; and revising paragraph (c)(14)(iii) to read as follows:


5.207  Preparation and transmittal of synopses.

* * * * *
    (c) * * *
    (14) * * *
    (iii) If the solicitation will include the FAR clause at 52.225-11, 
Buy American-Construction Materials under Trade Agreements, 52.225-23, 
Required Use of American Iron, Steel, and Manufactured Goods--Buy 
American Statute--Construction Materials under Trade Agreements, or an 
equivalent agency clause, insert the following notice in the synopsis: 
``One or more of the items under this acquisition is subject to the 
World Trade Organization Government Procurement Agreement and Free 
Trade Agreements.''
* * * * *

PART 6--COMPETITION REQUIREMENTS


6.000  [Amended]

    38. Amend Section 6.000 by removing ``and competition advocates'' 
and adding ``and advocates for competition'' in its place.


6.101  [Amended]

    39. Amend section 6.101 by removing from paragraphs (a) and (b) 
``41 U.S.C. 253'' and adding ``41 U.S.C. 3301'' in their places.


6.102  [Amended]

    40. Amend section 6.102 by removing from paragraph (d)(3) ``41 
U.S.C. 259(b)(3)(A)'' and adding ``41 U.S.C. 152(3)(A)'' in its place.


6.301  [Amended]

    41. Amend section 6.301 by removing from paragraph (a) ``41 U.S.C. 
253(c)'' and adding ``41 U.S.C. 3304'' in its place (twice).


6.302-1  [Amended]

    42. Amend section 6.302-1 by--
    (a) Removing from paragraph (a)(1) ``41 U.S.C. 253(c)(1)'' and 
adding ``41 U.S.C. 3304(a)(1)'';
    (b) Removing from paragraph (a)(2)(i)(C) ``41 U.S.C. 253(d)(1)(A)'' 
and adding ``41 U.S.C. 3304(b)(1)''; and
    (c) Removing from paragraph (a)(2)(ii)(B) ``41 U.S.C. 
253(d)(1)(B)'' and adding ``41 U.S.C. 3304(b)(2)'' in its place.


6.302-2  [Amended]

    43. Amend section 6.302-2 by removing from paragraph (a)(1) ``41 
U.S.C. 253(c)(2)'' and adding ``41 U.S.C. 3304(a)(2)'' in its place.


6.302-3  [Amended]

    44. Amend section 6.302-3 by removing from paragraph (a)(1) ``41 
U.S.C. 253(c)(3)'' and adding ``41 U.S.C. 3304(a)(3)'' in its place.


6.302-4  [Amended]

    45. Amend section 6.302-4 by removing from paragraph (a)(1) ``41 
U.S.C. 253(c)(4)'' and adding ``41 U.S.C. 3304(a)(4)'' in its place.
    46. Amend section 6.302-5 by revising paragraphs (a)(1), (b)(2), 
(c)(1)(ii), and (c)(1)(iii) to read as follows:


6.302-5  Authorized or required by statute.

    (a) Authority. (1) Citations: 10 U.S.C. 2304(c)(5) or 41 U.S.C. 
3304(a)(5).
* * * * *
    (b) * * *
    (2) Qualified nonprofit agencies for the blind or other severely 
disabled--41 U.S.C. chapter 85, Committee for Purchase From People Who 
Are Blind or Severely Disabled (see subpart 8.7).
* * * * *
    (c) Limitations.
    (1) * * *
    (ii) Refers to 10 U.S.C. 2304(k) for armed services acquisitions or 
41 U.S.C. 3105 for civilian agency acquisitions; and
    (iii) States that award to that entity shall be made in 
contravention of the merit-based selection procedures in 10 U.S.C. 
2304(k) or 41 U.S.C. 3105, as appropriate. However, this limitation 
does not apply--
* * * * *


6.302-6  [Amended]

    47. Amend section 6.302-6 by removing from paragraph (a)(1) ``41 
U.S.C. 253(c)(6)'' and adding ``41 U.S.C. 3304(a)(6)'' in its place.


6.302-7  [Amended]

    48. Amend section 6.302-7 by removing from paragraph (a)(1) ``41 
U.S.C. 253(c)(7)'' and adding ``41 U.S.C. 3304(a)(7)'' in its place.


6.304  [Amended]

    49. Amend section 6.304 by removing from paragraph (a)(2) ``by the 
competition advocate'' and adding ``by the advocate for competition''; 
and by removing from paragraph (a)(4) ``the OFPP Act (41 U.S.C. 
414(3))'' and adding ``41 U.S.C. 1702(c)'' in its place.


6.305  [Amended]

    50. Amend section 6.305 by removing from paragraph (a) ``41 U.S.C. 
253(j).'' and adding ``41 U.S.C. 3304(f).'' in its place.
    51. Amend subpart 6.5 by revising the heading as set forth below:

SUBPART 6.5--ADVOCATES FOR COMPETITION

    52. Amend section 6.501 by revising the introductory paragraph to 
read as follows:


6.501  Requirement.

    As required by 41 U.S.C. 1705, the head of each executive agency 
shall designate an advocate for competition for the agency and for each 
procuring activity of the agency. The advocates for competition shall--
* * * * *


6.502  [Amended]

    53. Amend section 6.502 by removing from paragraphs (a) and (b) 
``competition advocates'' and adding ``advocates for competition'' in 
their places.

PART 7--ACQUISTION PLANNING


7.102  [Amended]

    54. Amend section 7.102 by removing from paragraph (a)(1) ``41 
U.S.C. 251, et seq.'' and adding ``41 U.S.C. 3307'' in its place; and 
removing from paragraph (a)(2) ``10 U.S.C. 2301(a)(5) and 41 U.S.C. 
253a(a)(1)'' and adding ``10 U.S.C. 2305(a)(1)(A) and 41 U.S.C. 
3306(a)(1)'' in its place.


7.103  [Amended]

    55. Amend section 7.103 by--
    a. Removing from paragraph (a) ``41 U.S.C. 253a(a)(1))'' and adding 
``10 U.S.C. 2305(a)(1)(A) and 41 U.S.C. 3306(a)(1)'' in its place;
    b. Removing from paragraph (b) ``41 U.S.C. 251, et seq.'' and 
adding ``41 U.S.C 3307'' in its place; and
    c. Removing from paragraph (c) ``41 U.S.C. 253a(a)(1)'' and adding 
``41 U.S.C. 3306(a)(1)'' in its place.


7.104  [Amended]

    56. Amend section 7.104 by removing from paragraph (c) 
``competition advocate'' and adding ``advocate for competition'' in its 
place.


7.108  [Amended]

    57. Amend section 7.108 by removing from the introductory paragraph 
``section 1428 of Public Law 108-136'' and adding ``41 U.S.C. 3306(f)'' 
in its place.

[[Page 57956]]

7.202  [Amended]

    58. Amend section 7.202 by removing from paragraph (a) ``10 U.S.C. 
2384(a) and 41 U.S.C. 253f'' and adding ``10 U.S.C. 2384a and 41 U.S.C. 
3310'' in its place.

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES


8.401  [Amended]

    59. Amend section 8.401 in the definition ``Multiple Award Schedule 
(MAS)'' by removing ``Title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251, et seq.) and 
Title'' and adding ``41 U.S.C. 152(3), Competitive Procedures, and'' in 
its place.


8.403  [Amended]

    60. Amend section 8.403 by removing from the introductory text of 
paragraph (c) ``Public Law 108-136'' and adding ``Public Law 108-136 
(40 U.S.C. 1103 note)'' in its place.


8.405-3  [Amended]

    61. Amend section 8.405-3 by removing from paragraph (e)(3) 
``competition advocate'' and adding ``advocate for competition'' in its 
place.


8.405-6  [Amended]

    62. Amend section 8.405-6 by removing from paragraph (d)(2) 
``competition advocate'' and adding ``advocate for competition'' in its 
place.


8.602  [Amended]

    63. Amend section 8.602 by removing from the introductory text of 
paragraph (a) ``(Pub. L. 108-447)'' and adding ``(Pub. L. 108-447) (18 
U.S.C. 4124 note)'' in its place.
    64. Amend section 8.603 by revising the introductory text of 
paragraph (a); and removing from paragraph (a)(1) ``(41 U.S.C. 48)'' 
and adding ``(41 U.S.C. 8504)'' in its place.
    The revised text reads as follows:


8.603  Purchase priorities.

    FPI and nonprofit agencies participating in the AbilityOne Program 
under 41 U.S.C. chapter 85, Committee for Purchase from People Who Are 
Blind or Severely Disabled (see Subpart 8.7), may produce identical 
supplies or services. When this occurs, ordering offices shall purchase 
supplies and services in the following priorities:
* * * * *
    65. Revise section 8.700 to read as follows:


8.700  Scope of subpart.

    This subpart prescribes the policies and procedures for 
implementing--
    (a) 41 U.S.C. chapter 85, Committee for Purchase from People Who 
Are Blind or Severely Disabled; and
    (b) The rules of the Committee Purchase from People Who Are Blind 
or Severely Disabled (41 CFR Chapter 51), which implements the 
AbilityOne program.


8.701  [Amended]

    66. Amend section 8.701 by--
    a. Removing from the definition ``Procurment List'' ``the Javits-
Wagner-O'Day Act'' and adding ``41 U.S.C. chapter 85'' in its place; 
and
    b. Removing from the definition ``Nonprofit agency serving people 
who are blind,'' the words ``the Act'' and adding ``41 U.S.C. chapter 
85'' in its place.


8.702  [Amended]

    67. Amend section 8.702 by removing from paragraph (c) ``the 
Javits-Wagner-O'Day Act'' and adding ``41 U.S.C. chapter 85'' in its 
place.


8.704  [Amended]

    68. Amend section 8.704 by removing from the introductory text of 
paragraph (a) ``The Javits-Wagner-O'Day Act'' and adding ``41. U.S.C. 
chapter 85'' in its place; and removing from paragraph (a)(1)(i) ``(41 
U.S.C. 48)'' and adding ``(41 U.S.C. 8504)'' in its place.


8.1104  [Amended]

    69. Amend section 8.1104 by removing from paragraph (e)(3) ``Walsh-
Healey Public Contracts Act'' and adding ``Contracts for Materials, 
Supplies. Articles, and Equipment Exceeding $15,000'' in its place.

PART 9--CONTRACTOR QUALIFICATIONS


9.102  [Amended]

    70. Amend section 9.102 by removing from paragraph (b)(3) ``the 
blind or other severely handicapped'' and adding ``people who are blind 
or severely disabled'' in its place.
    71. Amend section 9.107 by revising the section heading; and 
removing from paragraph (a) ``41. U.S.C. 46-48c'' and adding ``41 
U.S.C. chapter 85'' in its place. The revised text reads as follows:


9.107  Surveys of nonprofit agencies participating in the AbilityOne 
Program.

* * * * *


9.200  [Amended]

    72. Amend section 9.200 by removing ``41 U.S.C. 253(e)'' and adding 
``41 U.S.C. 3311'' in its place.


9.202  [Amended]

    73. Amend section 9.202 by removing from paragraph (b) 
``competition advocate'' and adding '' advocate for competition'' in 
its place (twice).


9.402  [Amended]

    74. Amend section 9.402 by removing from paragraph (d) ``(Pub. L. 
110-417)'' and adding ``(Pub. L. 110-417) (31 U.S.C. 6101 note)'' in 
its place.
    75. Amend section 9.406-2 by revising the introductory text of 
paragraph (b)(1)(ii) to read as follows:


9.406-2  Causes for debarment.

* * * * *
    (b) * * *
    (ii) Violations of 41 U.S.C. chapter 81, Drug-Free Workplace, as 
indicated by--
* * * * *


9.406-4  [Amended]

    76. Amend section 9.406-4 by removing from paragraph (a)(1)(i) 
``the Drug-Free Workplace Act of 1988'' and adding ``41 U.S.C. chapter 
81, Drug Free Workplace'' in its place.
    77. Amend section 9.407-2 by revising the introductory text of 
paragraph (a)(4) to read as follows:


9.407-2  Causes for suspension.

    (a) * * *
    (4) Violations of 41 U.S.C. chapter 81, Drug-Free Workplace, as 
indicated by--
* * * * *

PART 10--MARKET RESEARCH


10.000  [Amended]

    78. Amend section 10.000 by removing ``41 U.S.C. 253a(a)(1), 41 
U.S.C. 264b'' and adding ``41 U.S.C. 3306(a)(1), 41 U.S.C. 3307'' in 
its place.

PART 11--DESCRIBING AGENCY NEEDS


11.002  [Amended]

    79. Amend section 11.002 by removing from the introductory text of 
paragraph (a) ``41 U.S.C. 253a(a), and 41 U.S.C. 264b'' and adding ``41 
U.S.C. 3306(a), and 41 U.S.C. 3307'' in its place.


11.103  [Amended]

    80. Amend section 11.103 by removing from the introductory text of 
paragraph (a) ``Section 8002(c) of Pub. L. 103-355'' and adding ``41 
U.S.C. 3307(e)'' in its place.


11.500  [Amended]

    81. Amend section 11.500 by removing ``Act'' and adding ``statute'' 
in its place.

[[Page 57957]]

PART 12--ACQUISITION OF COMMERCIAL ITEMS


12.000  [Amended]

    82. Amend section 12.000 by removing ``Title VIII of the Federal 
Acquisition Streamlining Act of 1994 (Public Law 103-355)'' and adding 
``41 U.S.C. 1906, 1907, and 3307 and 10 U.S.C. 2375-2377'' in its 
place.


12.102  [Amended]

    83. Amend section 12.102 by removing from the introductory text of 
paragraph (g)(1) ``section 1431 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public law 108-136) (41 U.S.C. 437)'' and 
adding ``41 U.S.C. 2310'' in its place.
    84. Revise section 12.103 to read as follows:


12.103  Commercially available of-the-shelf (COTS) items.

    Commercially available off-the-shelf (COTS) items are defined in 
2.101. Unless indicated otherwise, all of the policies that apply to 
commercial items also apply to COTS items. Section 12.505 lists the 
laws that are not applicable to COTS items (in addition to 12.503 and 
12.504); the components test of the Buy American statute, and the two 
recovered materials certifications in Subpart 23.4, do not apply to 
COTS items.
    85. Revise section 12.201 to read as follows:


12.201  General.

    This subpart identifies special requirements for the acquisition of 
commercial items intended to more closely resemble those customarily 
used in the commercial marketplace, as well as other considerations 
necessary for proper planning, solicitation, evaluation, and award of 
contracts for commercial items.


12.301  [Amended]

    86. Amend section 12.301 by removing from the introductory text of 
paragraph (a) ``Section 8002 of Public Law 103-355 (41 U.S.C. 264, 
note)'' and adding ``41 U.S.C. 3307'' in its place.


12.404  [Amended]

    87. Amend section 12.404 by removing from the introductory text of 
paragraph (b) ``The Federal Acquisition Streamlining Act of 1994 (41 
U.S.C. 264 note)'' and adding ``41 U.S.C. 3307(e)(5)(B)'' in its place.


12.500  [Amended]

    88. Amend section 12.500 by removing from the introductory text of 
paragraph (a) ``sections 34 and 35 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 430 and 431)'' and adding ``41 U.S.C. 1906 and 
1907'' in its place.


12.502  [Amended]

    89. Amend section 12.502 by removing from paragraph (b) ``and 
Commercial Components''.
    90. Amend section 12.503 by--
    a. Revising paragraphs (a)(1) through (a)(4), (a)(7), (a)(8), 
(b)(1), and (b)(2);
    b. Removing from paragraph (c)(1) ``41 U.S.C. 253g'' and adding 
``41 U.S.C. 4704'' in its place;
    c. Revising paragraph (c)(2); and
    d. Removing from paragraph (c)(3) ``41 U.S.C. 422'' and adding ``41 
U.S.C. chapter 15'' in its place.
    The revised text reads as follows:


12.503  Applicability of certain laws to executive agency contracts for 
the acquisition of commercial items.

    (a) * * *
    (1) 41 U.S.C. chapter 65, Contracts for Materials, Supplies, 
Articles, and Equipment Exceeding $15,000 (see subpart 22.6).
    (2) 41 U.S.C. 3901(b) and 10 U.S.C. 2306(b), Contingent Fees (see 
3.404).
    (3) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see 
5.203).
    (4) 41 U.S.C. chapter 81, Drug-Free Workplace (see 23.501).
* * * * *
    (7) Section 806(a)(3) of Pub. L. 102-190, as amended by Sections 
2091 and 8105 of Pub. L. 103-355 (10 U.S.C. 2302 note), Payment 
Protections for Subcontractors and Suppliers (see 28.106-6).
    (8) 41 U.S.C. 4706(d)(1) and 10 U.S.C. 2313(c)(1), GAO Access to 
Contractor Employees, Section 871 of Pub. L. 110-417 (see 52.214-26 and 
52.215-2).
* * * * *
    (b) * * *
    (1) 40 U.S.C. chapter 37, Requirement for a certificate and clause 
under the Contract Work Hours and Safety Standards statute (see 
22.305).
    (2) 41 U.S.C. 8703 and 8704, Requirement for a clause and certain 
other requirements related to kickbacks (see 3.502).
* * * * *
    (c) * * *
    (2) 41 U.S.C. chapter 35, Truthful Cost or Pricing Data, and 10 
U.S.C. 2306a, Truth in Negotiations (see 15.403).
* * * * *
    91. Amend section 12.504 by--
    a. Revising paragraph (a)(4) through (a)(6);
    b. Removing from paragraph (a)(7) ``41 U.S.C. 254d(c)'' and adding 
``41 U.S.C. 1708(e)(3)'' in its place;
    c. Revising paragraphs (a)(8) through (a)(10);
    d. Removing from paragraph (a)(13) ``Pub. L. 103-355'' and adding 
``Pub. L. 103-355 (10 U.S.C. 2302 note)'' in its place;
    e. Removing from paragraph (b) ``Act, 40 U.S.C. 3701, et seq.'' and 
adding ``statute, 40 U.S.C. chapter 37'' in its place; and
    f. Revising paragraphs (c)(1) through (c)(3).
    The revised text reads as follows:


12.504  Applicability of certain laws to subcontracts for the 
acquisition of commercial items.

    (a) * * *
    (4) 41 U.S.C. 6505, Contracts for Materials, Supplies, Articles, 
and Equipment Exceeding $15,000 (see Subpart 22.6).
    (5) 41 U.S.C. 4703, Validation of Property Data restrictions (see 
subpart 27.4).
    (6) 41 U.S.C. 3901(b) and 10 U.S.C. 2306(b), Contingent Fees (see 
subpart 3.4).
* * * * *
    (8) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see 
subpart 5.2).
    (9) 41 U.S.C. 2302, Rights in Technical Data (see subpart 27.4)
    (10) 41 U.S.C. chapter 81, Drug-Free Workplace (see subpart 23.5).
* * * * *
    (c) * * *
    (1) 41 U.S.C. 4704 and 10 U.S.C. 2402, Prohibition on Limiting 
Subcontractor Direct Sales to the United States (see subpart 3.5).
    (2) 41 U.S.C. chapter 35, Truthful Cost or Pricing Data, and 10 
U.S.C. 2306a, Truth in Negotiations (see subpart 15.4)
    (3) 41 U.S.C. chapter 15, Cost Accounting Standards (48 CFR chapter 
99) (see 12.214).
    92. Amend section 12.505 by revising paragraphs (a)(1) and (a)(2) 
to read as follows:


12.505  Applicability of certain laws to contract for the acquisition 
of COTS items.

* * * * *
    (a)(1) The portion of 41 U.S.C. 8302(a)(1) that reads 
``substantially all from articles, materials, or supplies mined, 
produced, or manufactured in the Unites States,'' Buy American--
Supplies, component test (see 52.225-1 and 52.225-3).
    (2) The portion of 41 U.S.C. 8303(a)(2) that reads ``substantially 
all from articles, materials, or supplies mined, produced, or 
manufactured in the United States,'' Buy American--Construction 
Materials, component test (see 52.225-9 and 52.225-11).
* * * * *

[[Page 57958]]

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.005  [Amended]

    93. Amend section 13.005 by--
    a. Revising the section heading;
    b. Removing from the introductory text of paragraph (a) 
``threshold'' and adding ``threshold pursuant to 41 U.S.C. 1905'' in 
its place;
    c. Removing from paragraph (a)(1) ``41 U.S.C. 57(a) and (b) (Anti 
Kickback Act of 1986)'' and adding ``41 U.S.C. 8703 (Kickbacks 
statute)'' in its place;
    d. Removing from paragraph (a)(2) ``40 U.S.C. 3131 (Miller Act). 
(Although the Miller Act does'' and adding ``40 U.S.C. 3131 (Bonds 
Statute). (Although the Bonds Statute does'' in its place;
    e. Revising paragraphs (a)(3), (a)(4), and (a)(6) through (a)(8); 
and
    f. Removing from paragraph (c)(2) ``Public Law 103-355'' and adding 
``Public Law 103-355 41 U.S.C. 1905'' in its place.
    The revised text reads as follows:


13.005  List of laws inapplicable to contracts and subcontracts at or 
below the simplified acquisition threshold.

    (a) * * *
    (3) 40 U.S.C. chapter 37 (Contract Work Hours and Safety 
Standards--Overtime Compensation).
    (4) 41 U.S.C. 8102(a)(1) (Drug-Free Workplace), except for 
individuals.
* * * * *
    (6) 10 U.S.C. 2306(b) and 41 U.S.C. 3901(b) (Contract Clause 
Regarding Contingent Fees).
    (7) 10 U.S.C. 2313 and 41 U.S.C. 4706 (Authority to Examine Books 
and Records of Contractors).
    (8) 10 U.S.C. 2402 and 41 U.S.C. 4704 (Prohibition on Limiting 
Subcontractors Direct Sales to the United States).
* * * * *


13.006  [Amended]

    94. Amend section 13.006 by removing from paragraph (e) the word 
``Act''.


13.302-5  [Amended]

    95. Amend section 13.302-5 by removing from the introductory text 
of paragraph (d)(3)(i) ``Buy American Act'' and adding ``Buy American'' 
in its place (two times).


13.500  [Amended]

    96. Amend section 13.500 by removing from the introductory text of 
paragraph (a) ``41 U.S.C. 253(g) and 253a and 253b'' and adding ``41 
U.S.C. 3305, 3306, and chapter 37, Awarding of Contracts'' in its 
place; and removing from paragraph (e) ``41 U.S.C. 428a'' and adding 
``41 U.S.C. 1903'' in its place.


13.501  [Amended]

    97. Amend section 13.501 by--
    a. Removing from paragraph (a)(1)(ii) ``(section 4202 of the 
Clinger-Cohen Act of 1996 or the authority of the Services Acquisition 
Reform Act of 2003 41 U.S.C. 428a)'' and adding ``at 41 U.S.C. 1901 or 
the authority of 41 U.S.C. 1903'' in its place; and
    b. Removing from paragraph (a)(2)(ii) ``competition advocate'' and 
adding ``advocate for competition'' in its place.

PART 14--SEALED BIDDING


14.201-8  [Amended]

    98. Amend section 14.201-8 by removing from paragraph (e) 
``American Act'' and adding ``American statute'' in its place.


14.404-2  [Amended]

    99. Amend section 14.202-2 by removing from paragraph (l) ``41 
U.S.C. 15'' and adding ``41 U.S.C. 6305'' in its place.

PART 15--CONTRACTING BY NEGOTIATION


15.207  [Amended]

    100. Amend section 15.207 by removing from paragraph (b) ``41 
U.S.C. 423'' and adding ``41 U.S.C. chapter 21, Restrictions on 
Obtaining and Disclosing Certain Information'' in its place.


15.209  [Amended]

    101. Amend section 15.209 by removing from the introductory text of 
paragraph (b)(1) ``41 U.S.C. 254d'' and adding ``41 U.S.C. 4706'' in 
its place.


15.303  [Amended]

    102. Amend section 15.303 by--
    a. Removing from paragraph (b)(4) ``10 U.S.C. 2305(b)(1) and 41 
U.S.C. 253b(d)(3)'' and adding ``10 U.S.C. 2305(b)(4)(C) and 41 U.S.C. 
3703(c)'' in its place; and
    b. Removing from paragraph (b)(6) ``10 U.S.C. 2305(b)(4)(B) and 41 
U.S.C. 253b(d)(3)'' and adding (10 U.S.C. 2305(b)(4)(C) and 41 U.S.C. 
3703(c)'' in its place.


15.304  [Amended]

    103. Amend section 15,304 by--
    a. Removing from paragraph (c)(1) ``41 U.S.C. 253a(c)(1)(B)'' and 
adding 41 U.S.C. 3306(c)(1)(B)'' in its place; and removing from the 
end of sentence ``;'' and adding a period in its place;
    b. Removing from paragraph (c)(2) ``41 U.S.C. 253a(c)(1)(A); and'' 
and adding ``3306(c)(1)(A).'' in its place;
    c. Removing from paragraph (d) ``41 U.S.C. 253a(b)(1)(A)'' and 
adding ``41 U.S.C. 3306(b)(1)(A)'' in its place; and
    d. Removing from paragraph (e)(3) ``41 U.S.C. 253a(c)(1)(C)'' and 
adding ``41 U.S.C. 3306(c)(1)(C)'' in its place.


15.306  [Amended]

    104. Amend section 15.306 by--
    a. Removing from paragraph (a)(3) ``41 U.S.C. 253b(d)(1)(B)'' and 
adding ``41 U.S.C. 3703(a)(2)'' in its place;
    b. Removing from paragraph (c)(2) ``41 U.S.C. 253b(d)'' and adding 
``41 U.S.C. 3703'' in its place; and
    c. Removing from paragraphs (e)(3) and (e)(5) ``41 U.S.C. 
423(h)(1)(2)'' and adding ``41 U.S.C. 2102 and 2107'' in its place (two 
times).


15.401  [Amended]

    105. Amend section 15.401 by removing from the definition 
``Subcontract'' the citation ``41 U.S.C. 254b'' and adding ``41 U.S.C. 
chapter 35'' in its place.
    106. Amend section 15.403-1 by--
    a. Revising the section heading;
    b. Removing from paragraph (c)(3)(ii) ``section 868 of Pub. L. 110-
417'' and adding ``41 U.S.C. 3501'' in its place;
    c. Removing from paragraph (c)(3)(ii)(A) ``41 U.S.C. 254b'' and 
adding ``41 U.S.C. chapter 35 in its place''; and
    d. Removing from paragraph (c)(3)(iv) ``41 U.S.C. 428a'' and adding 
``41 U.S.C. 1903'' in its place.
    The revised text reads as follows:


15.403-1  Prohibition on obtaining certifies cost or pricing data (10 
U.S.C. 2306a and 41 U.S.C. chapter 35).

* * * * *


15.403-3  [Amended]

    107. Amend section 15.403-3 by--
    a. Removing from paragraph (a)(1)(ii) ``41 U.S.C. 254b(d)(1)'' and 
adding ``41 U.S.C. 3505(a)'' in its place; and
    b. Removing from paragraph (c)(2) 41 U.S.C. 254b(d)(2)'' and adding 
``41 U.S.C. 3505(b)'' in its place.
    108. Amend section 15.403-4 by revising the section heading to read 
as follows:


15.403-4  Requiring certified cost or pricing data (10 U.S.C. 2306a and 
41 U.S.C. chapter 35).

* * * * *


15.404-1  [Amended]

    109. Amend section 15.404-1 by removing from paragraph (f)(2) ``10 
U.S.C. 2304 and 41 U.S.C. 254(d)(5)(A)(i)'' and adding ``10 U.S.C. 
2306a(b)(1)(A)(i) and 41 U.S.C. 3503(a)(1)(A)'' in its place.


15.404-2  [Amended]

    110. Amend section 15.404-2 by removing from paragraph (c)(2) ``41

[[Page 57959]]

U.S.C. 254d'' and adding ``41 U.S.C. 4706'' in its place.


15.404-4  [Amended]

    111. Amend section 15.404-4 by removing from paragraph (c)(4)(i) 
``41 U.S.C. 254(b)'' and adding ``41 U.S.C. 3905'' in its place; and 
removing from paragraph (d)(1)(iii) ``handicapped sheltered workshops'' 
and adding ``sheltered workshops for workers with disabilities'' in its 
place.


15.407-1  [Amended]

    112. Amend section 15.407-1 by removing from paragraph (d)(1) 
``Disputes Act'' and adding ``Disputes statute'' in its place.


15.503  [Amended]

    113. Amend section 15.503 by removing from the introductory text of 
paragraph (b)(1) ``41 U.S.C. 253b(c)'' and adding ``41 U.S.C. 2704'' in 
its place.


15.505  [Amended]

    114. Amend section 15.505 by removing from the introductory text 
``41 U.S.C. 253b(f)-(h)'' and adding ``41 U.S.C. 3705'' in its place.

PART 16--TYPES OF CONTRACTS


16.102  [Amended]

    115. Amend section 16.102 by--
    a. Removing from paragraph (b) ``41 U.S.C. 254(a)'' and adding ``41 
U.S.C. 3901'' in its place; and
    b. Removing from paragraph (c) ``41 U.S.C. 254(b)'' and adding ``41 
U.S.C. 3905(a)'' in its place.


16.501-2  [Amended]

    116. Amend section 16.501-2 by removing from paragraph (a) 
``Pursuant to 10 U.S.C. 2304d and section 303K of the Federal Property 
and Administrative Service Act of 1949'' and adding ``Pursuant to 10 
U.S.C. and 41 U.S.C. 4101'' in its place.


16.505  [Amended]

    117. Amend section 16.505 by--
    a. Removing from paragraph (a)(9) ``Public Law 108-136'' and adding 
``Public Law 108-136, 40 U.S.C. 1103 note'' in its place; and
    b. Removing from paragraphs (b)(2)(ii)(c)(2) and (b)(6) 
``competition advocate'' and adding ``advocate for competition'' in its 
place.

PART 17--SPECIAL CONTRACTING METHODS

    118. Revise section 17.101 to read as follows:


17.101  Authority.

    This subpart implements 41 U.S.C. 3903 and 10 U.S.C. 2306b and 
provides policy and procedures for the use of multi-year contracting.
    119. Amend section 17.109 by revising paragraph (b)(1) to read as 
follows:


17.109  Contract clauses.

* * * * *
    (b) * * *
    (1) Shall add the clause at 52.222-43, Fair Labor Standards Act and 
Service Contract Labor Standards--Price Adjustment (Multiple Year and 
Option Contracts), when the contract includes the clause at 52.222-41, 
Service Contract Labor Standards;
* * * * *


17.204  [Amended]

    120. Amend section 17.204 by removing from paragraph (e) ``Contract 
Act'' and adding ``Contract Labor Standards Statute'' in its place.
    121. Amend section 17.501 by revising paragraph (d) to read as 
follows:


17.501  General.

* * * * *
    (d) An agency shall not use an interagency acquisition to make 
acquisitions conflicting with any other agency's authority or 
responsibility (for example, that of the Administrator of General 
Services under title 40, United States Code, ``Public Buildings, 
Property and Works'' and 41 U.S.C. division C of subtitle I, 
Procurement.


17.602  [Amended]

    122. Amend section 17.602 by removing from paragraph (a) ``the 
Competition in Contracting Act of 1984'' and adding ``41 U.S.C. chapter 
33'' in its place.

PART 19--SMALL BUSINESS PROGRAMS

    123. Amend section 19.000 by revising the introductory text of 
paragraph (a); by redesignating paragraphs (a)(1) through (a)(12) as 
paragraphs (a)(2) through (a)(13), respectively; and adding a new 
paragraph (a)(1) to read as follows:


19.000  Scope of part.

    (a) This part implements--
    (1) The acquisition-related sections of the Small Business Act (15 
U.S.C. 631, et seq.); applicable sections of 10 U.S.C. 2302, et seq.; 
41 U.S.C. 3104; 10 U.S.C. 2323; and Executive Order 12138, May 18, 
1979. It covers--
* * * * *
    124. Amend section 19.201 by revising paragraph (d) to read as 
follows:


19.201  General policy.

* * * * *
    (d) The Small Business Act requires each agency with contracting 
authority to establish an Office of Small and Disadvantaged Business 
Utilization (see section (k) of the Small Business Act). For the 
Department of Defense, in accordance with section 904 of the National 
Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109-163) (10 
U.S.C. 144 note), the Office of Small and Disadvantaged Business 
Utilization has been redesignated as the Office of Small Business 
Programs. Management of the office shall be the responsibility of an 
officer or employee of the agency who shall, in carrying out the 
purposes of the Act--
* * * * *


19.800  [Amended]

    125. Amend section 19.800 by removing from paragraph (a) ``agencies 
and let'' and adding ``agencies and award'' in its place.


19.811-1  [Amended]

    126. Amend section 19.811-1 by removing from paragraph (b)(1) ``41 
U.S.C. 253(c)(5)'' and adding ``41 U.S.C. 3304(a)(5)'' in its place.


19.1304  [Amended]

    127. Amend section 19.1304 by removing from paragraph (a)(2) 
``Javits-Wagner-O'Day Act participating'' and adding ``Ability one 
participating'' in its place.


19.1404  [Amended]

    128. Amend section 19.1404 by removing from paragraph (a)(2) 
``Javits-Wagner-O'Day Act participating'' and adding ``Ability one 
participating'' in its place.


19.1504  [Amended]

    129. Amend section 19.1504 by removing from paragraph (a)(2) 
``Javits-Wagner-O'Day Act participating'' and adding ``Ability one 
participating'' in its place.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    130. Amend section 22.001 by--
    a. Removing from the definition ``e98'' the words ``Contract Act'' 
and adding ``Contract Labor Standards statute'' in its place; and
    b. Revising the definition ``Wage Determination Online (WDOL)'' to 
read as follows:


22.001  Definitions.

* * * * *
    Wage Determinations OnLine (WDOL) means the Government Internet Web

[[Page 57960]]

site for both Construction Wage Rate Requirements statute and Service 
Contract Labor Standards statute wage determinations available at 
https://www.wdol.gov.
* * * * *


22.102-1  [Amended]

    131. Amend section 22.102-1 by removing from paragraph (h) ``the 
handicapped'' and adding ``workers with disabilities'' in its place.
    132. Amend section 22.102-2 by revising paragraph (c) to read as 
follows:


22.102-2  Administration.

* * * * *
    (c)(1) The U.S. Department of Labor is responsible for the 
administration and enforcement of the Occupational Safety and Health 
Act. The Department of Labor's Wage and Hour Division is responsible 
for administration and enforcement of numerous wage and hour statutes 
including--
    (i) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements 
(Construction);
    (ii) 40 U.S.C. chapter 37, Contract Work Hours and Safety 
Standards;
    (iii) The Copeland Act (18 U.S.C. 874 and 40 U.S.C. 3145);
    (iv) 41 U.S.C. chapter 65, Contracts for Materials, Supplies, 
Articles, and Equipment Exceeding $15,000;
    (v) 41 U.S.C. chapter 67, Service Contract Labor Standards).
    (2) Contracting officers should contact the Wage and Hour 
Division's regional offices when required by the subparts relating to 
these statutes unless otherwise specified. Addresses for these offices 
may be found at 29 CFR 1, Appendix B.
    133. Amend section 22.202 by revising paragraph (a) to read as 
follows:


22.202  Contract clause.

* * * * *
    (a) The contract will be subject to 41 U.S.C. chapter 65, Contracts 
for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (see 
Subpart 22.6), which contains a separate prohibition against the 
employment of convict labor;
* * * * *
    134. Revise section 22.300 to read as follows:


22.300  Scope of Subpart.

    This subpart prescribes policies and procedures for applying the 
requirements of 40 U.S.C. chapter 37, Contract Work Hours and Safety 
Standards (the statute) to contracts that may require or involve 
laborers or mechanics. In this subpart, the term ``laborers or 
mechanics'' includes apprentices, trainees, helpers, watchmen, guards, 
firefighters, fireguards, and workmen who perform services in 
connection with dredging or rock excavation in rivers or harbors, but 
does not include any employee employed as a seaman.


22.301  [Amended]

    135. Amend section 22.301 by removing ``Act requires'' and adding 
``statue requires'' in its place.


22.302  [Amended]

    136. Amend section 22.302 by removing from paragraphs (a), (b), and 
(c) ``the Act'' and adding ``the statue'' in its place.


22.303  [Amended]

    137. Amend section 22.303 by removing ``the Act'' and adding ``the 
statue'' in its place.


22.304  [Amended]

    138. Amend section 22.304 by removing from paragraph (a) ``the 
Act'' and adding ``the statue'' in its place.
    139. Amend section 22.305 by revising the introductory paragraph, 
paragraph (d) and paragraph (e) to read as follows:


22.305  Contract clause.

    Insert the clause at 52.222-4, Contract Work Hours and Safety 
Standards--Overtime Compensation, in solicitations and contracts 
(including, for this purpose, basic ordering agreements) when the 
contract may require or involve the employment of laborers or 
mechanics. However, do not include the clause in solicitations and 
contracts--
* * * * *
    (d) To be performed outside the United States, Puerto Rico, 
American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake 
Island, and the outer Continental Shelf as defined in the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331) (29 CFR 5.15);
    (e) For work to be done solely in accordance with 41 U.S.C. chapter 
65, Contracts for Materials, Supplies, Articles, and Equipment 
Exceeding $15,000, (see Subpart 22.6);
* * * * *


22.401  [Amended]

    140. Amend section 22.401 by removing from the definition 
``Laborers or mechanics'', paragraph (1)(ii), ``Standards Act'' and 
adding ``Standards statute'' in its place; and removing from the 
definition ``Wages'' the words ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place.


22.402  [Amended]

    141. Amend section 22.402 by removing from paragraph (b)(1)(ii) 
``Davis-Bacon Act'' and adding ``Construction Wage Rate Requirements 
statute'' in its place.
    142. Revise section 22.403-1 to read as follows:


22.403-1  Construction Wage Rate Requirements statue.

    40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements 
(Construction), formerly known as the Davis-Bacon Act, provides that 
contracts in excess of $2,000 to which the United States or the 
District of Columbia is a party for construction, alteration, or repair 
(including painting and decorating) of public buildings or public works 
within the United States, shall contain a clause (see 52.222-6) that no 
laborer or mechanic employed directly upon the site of the work shall 
receive less than the prevailing wage rates as determined by the 
Secretary of Labor.
    143. Revise section 22.403-3 to read as follows:


22.403-3  Contract Work Hours and Safety Standards.

    40 U.S.C. chapter 37, Contract Work Hours and Safety Standards, 
requires that certain contracts (see 22.305) contain a clause (see 
52.222-4) specifying that no laborer or mechanic doing any part of the 
work contemplated by the contract shall be required or permitted to 
work more than 40 hours in any workweek unless paid for all additional 
hours at not less than 1 \1/2\ times the basic rate of pay (see 
22.301).
    144. Amend section 22.403-4 by revising paragraph (b) to read as 
follows:


22.403-4  Department of Labor regulations.

* * * * *
    (b) The Department of Labor regulations include--
    (1) Part 1, relating to Construction Wage Rate Requirements statute 
minimum wage rates;
    (2) Part 3, relating to the Copeland (Anti-Kickback) Act and 
requirements for submission of weekly statements of compliance and the 
preservation and inspection of weekly payroll records;
    (3) Part 5, relating to enforcement of the (i) Construction Wage 
Rate Requirements statute, (ii) Contract Work Hours and Safety 
Standards statute and (iii) Copeland (Anti-Kickback) Act;
    (4) Part 6, relating to rules of practice for appealing the 
findings of the Administrator, Wage and Hour Division, in enforcement 
cases under the various labor statutes, and by which Administrative Law 
Judge hearings are held; and

[[Page 57961]]

    (5) Part 7, relating to rules of practice by which contractors and 
other interested parties may appeal to the Department of Labor 
Administrative Review Board, decisions issued by the Administrator, 
Wage and Hour Division, or administrative law judges under the various 
labor statutes.
* * * * *


22.404  [Amended]

    145. Amend section 22.404 by removing from the section heading 
``Davis-Bacon Act'' and adding ``Construction Wage Rate Requirements 
statue'' in its place.


22.404-1  [Amended]

    146. Amend section 22.404-1 by removing from paragraph (a)(2) 
``Davis-Bacon Act'' and adding ``Construction Wage Rate Requirements 
statute'' in its place.


22.404-11  [Amended]

    147. Amend section 22.401-11 by removing ``Davis-Bacon Act'' and 
adding ``Construction Wage Rate Requirements statute'' in its place.


22.404-12  [Amended]

    148. Amend section 22.404-12 by removing from paragraph (c)(3) 
``Davis-Bacon Act'' and adding ``Construction Wage Rate Requirements 
statute'' in its place; and removing from paragraph (c)(4) ``Service 
Contract Act'' and adding ``Service Contract Labor Standards statute'' 
in its place.


22.406-2  [Amended]

    149. Amend section 22.406-2 by removing from the introductory text 
of paragraph (b)(1) ``Davis-Bacon Act'' and adding ``Construction Wage 
Rate Requirements'' in its place.


22.406-3  [Amended]

    150. Amend section 22.406-3 by removing from paragraph (a) ``Davis-
Bacon Act'' and adding ``Construction Wage Rate Requirements'' in its 
place.


22.406-8  [Amended]

    Amend section 22.406-8 by--
    a. Removing from paragraph (d)(2)(i)(B) ``Davis-Bacon Act'' and 
adding ``Construction Wage Rate Requirements statute'' in its place;
    b. Removing from paragraph (d)(2)(ii)(D) ``Standards Act'' and 
adding ``Standards statute'' in its place;
    c. Removing from paragraph (e)(2) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place; and
    d. Removing from paragraph (e)(3) ``Standards Act'' and adding 
``Standards statue'' in its place.
    151. Amend section 22.406-9 by--
    a. Removing from paragraph (a) ``Standards Act'' and adding 
``Standards statue'' in its place;
    b. Removing from paragraph (a)(1) ``Davis-Bacon Act'' and 
``Standards Act'' and adding ``Construction Wage Rate Requirements 
statute'' and ``Standards statute'' in its place, respectively;
    c. Removing from paragraph (b) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place; and
    d. Revising paragraph (c)(1) to read as follows:
    22.406-9 Withholding from or suspension of contract payments.
* * * * *
    (c) Disposition of contract payments withheld or suspended--
    (1) Forwarding wage underpayments to the Comptroller General. Upon 
final administrative determination, if contractor of subcontractor has 
not made restitution, the contracting officer must forward to the 
appropriate disbursing office Standard Form (SF) 1093, Schedule of 
Withholdings Under the Construction Wage Rate Requirements statute (40 
U.S.C. chapter 31, subchapter IV) and/or Contract Work Hours and Safety 
Standards statute (40 U.S.C. chapter 37). Attach to the SF 1093 a list 
of the name, social security number, and last known address of each 
affected employee; the amount due each employee; employee claims if 
feasible; and a brief rationale for restitution. Also, the contracting 
officer must indicate if restitution was not made because the employee 
could not be located. The Government may assist underpaid employees in 
preparation of their claims. The disbursing office must submit the SF 
1093 with attached additional data and the funds withheld (by check) to 
the Comptroller General (Claims Section).
* * * * *
    152. Amend section 22.406-10 by revising paragraph (f) to read 
follows:


22.406-10  Disposition of disputes concerning construction contract 
labor standards enforcement.

* * * * *
    (f) The Administrator, Wage and Hour Division, may institute 
debarment proceedings against the contractor or subcontractor if the 
Administrator finds reasonable cause to believe that the contractor or 
subcontractor has committed willful or aggravated violations of the 
Contract Work Hours and Safety Standards statute or the Copeland (Anti-
Kickback) Act, or any of the applicable statutes listed in 29 CFR 5.1 
other than the Construction Wage Rate Requirements statute, or has 
committed violations of the Construction Wage Rate Requirements statute 
that constitute a disregard of its obligations to employees or 
subcontractors under Section 3(a) of that statute.
    153. Amend section 22.406-12 by revising paragraph (b) to read as 
follows:


22.406-12  Cooperation with the Department of Labor.

* * * * *
    (b) If a Department of Labor representative undertakes an 
investigation at a construction project, the contracting officer shall 
inquire into the scope of the investigation, and request to be notified 
immediately of any violations discovered under the Construction Wage 
Rate Requirements statute, the Contract Work Hours and Safety Standards 
statute, or the Copeland (Anti-Kickback) Act.
    154. Revise section 22.406-13 to read as follows:


22.406-13  Semiannual enforcement reports.

    A semiannual report on compliance with and enforcement of the 
construction labor standards requirements of the Construction Wage Rate 
Requirements statute and Contract Work Hours and Safety Standards 
statute is required from each contracting agency. The reporting periods 
are October 1 through March 31 and April 1 through September 30. The 
reports shall only contain information as to the enforcement actions of 
the contracting agency and shall be prepared as prescribed in 
Department of Labor memoranda and submitted to the Department of Labor 
within 30 days after the end of the reporting period. This report has 
been assigned interagency report control number 1482-DOL-SA.
    155. Amend section 22.407 by--
    a. Removing from paragraphs (a)(1) and (a)(8) ``Davis-Bacon Act'' 
and adding ``Construction Wage Rate Requirements'' in its place;
    b. Removing from paragraph (e) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements'' in its place;
    c. Removing from paragraph (e)(1) and (e)(2) Davis-Bacon Act'' and 
adding ``Construction Wage Rate Requirements statute'' in its place;
    d. Revising paragraphs (f) and (g); and
    e. Removing from paragraph (h) ``Davis-Bacon Act'' and adding '' 
Construction Wage Rate Requirements'' in its place.
    The revised text reads as follows:


22.407  Solicitation provision and contract clauses.

* * * * *

[[Page 57962]]

    (f) Insert the clause at 52.222-31, Construction Wage Rate 
Requirements--Price Adjustment (Percentage Method), in solicitations 
and contracts if the contract is expected to be a fixed-price contract 
subject to the Construction Wage Rate Requirements statute that will 
contain option provisions by which the contracting officer may extend 
the term of the contract, and the contracting officer determines the 
most appropriate contract price adjustment method is the method at 
22.404-12(c)(3).
    (g) Insert the clause at 52.222-32, Construction Wage Rate 
Requirements--Price Adjustment (Actual Method), in solicitations and 
contracts if the contract is expected to be a fixed-price contract 
subject to the Construction Wage Rate Requirements statute that will 
contain option provisions by which the contracting officer may extend 
the term of the contract, and the contracting officer determines the 
most appropriate method to establish contract price is the method at 
22.404-12(c)(4).
* * * * *
    156. Revise the heading of Subpart 22.6 to read as follows:

Subpart 22.6--Contracts For Materials, Supplies, Articles, and 
Equipment Exceeding $15,000

    157. Revise section 22.602 to read as follows:


22.602  Statutory requirements.

    Except for the exemptions at 22.604, all contracts subject to 41 
U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and 
Equipment Exceeding $15,000 (the statute), and entered into by any 
executive department, independent establishment, or other agency or 
instrumentality of the United States, or by the District of Columbia, 
or by any corporation (all the stock of which is beneficially owned by 
the United States) for the manufacture or furnishing of materials, 
supplies, articles, and equipment (referred to in this subpart as 
supplies) in any amount exceeding $15,000, shall include or incorporate 
by reference the stipulations required by the statute pertaining to 
such matters as minimum wages, maximum hours, child labor, convict 
labor, and safe and sanitary working conditions.


22.604-1  [Amended]

    158. Amend section 22.604-1 by removing from the introductory text 
``the Act'' and adding ``the statute'' in its place.


22.604-2  [Amended]

    159. Amend section 22.604-2 by removing from paragraphs (a) and 
(a)(3) ``the Act'' and adding ``the statute'' in their places.


22.605  [Amended]

    160. Amend section 22.605 by removing from paragraphs (a), (a)(1), 
(a)(2), (a)(3), (a)(4), and (a)(5) ``the Act'' and adding ``the 
statute'' in their places.


22.608  [Amended]

    161. Amend section 22.608 by removing from paragraphs (a) and (b) 
``the Act'' and adding ``the statute'' in their places.
    162 Revise section 22.610 to read as follows:


22.610  Contract clause.

    The contracting officer shall insert the clause at 52.222-20, 
Contracts for Materials, Supplies, Articles, and Equipment Exceeding 
$15,000, in solicitations and contracts covered by the statute (see 
22.603, 22.604, and 22.605).
    163. Revise the heading of Subpart 22.10 to read as follows:

Subpart 22.10--Service Contract Labor Standards

    164. Revise section 22.1000 to read as follows:


22.1000  Scope of subpart.

    This subpart prescribes policies and procedures implementing the 
provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, 
the applicable provisions of the Fair Labor Standards Act of 1938, as 
amended (29 U.S.C. 201, et seq.), and related Secretary of Labor 
regulations and instructions (29 CFR Parts 4, 6, 8, and 1925).
    165. Amend section 22.1001 by--
    a. Removing the definition ``Act'';
    b. Removing from the definition ``Contractor'' the words ``the 
Act'' and adding ``the statute'' in its place; and
    c. Revising the definitions ``Service contract'', ``United 
States'', ``Wage and Hour Division'' and ``Wage determination'' to read 
as follows:


22.1001  Definitions.

* * * * *
    Service contract means any Government contract, the principal 
purpose of which is to furnish services in the United States through 
the use of service employees, except as exempted under 41 U.S.C. 6702, 
see 22.1003-3 and 22.1003-4, or any subcontract at any tier thereunder. 
See 22.1003-5 and 29 CFR 4.130 for a partial list of services covered 
by the Service Contract Labor Standards statute.
* * * * *
    United States means the 50 States, the District of Columbia, Puerto 
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. 
Virgin Islands, Johnston Island, Wake Island, and the outer Continental 
Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 
1331, et seq.), but does not include any other place subject to U.S. 
jurisdiction or any U.S. base or possession within a foreign country 
(29 CFR 4.112).
    Wage and Hour Division means the unit in the Employment Standards 
Administration of the Department of Labor to which is assigned 
functions of the Secretary of Labor under the Service Contract Labor 
Standards statute.
    Wage determination means a determination of minimum wages or fringe 
benefits made under 41 U.S.C. 6703 or 6707(c) applicable to the 
employment in a given locality of one or more classes of service 
employees.


22.1002-1  [Amended]

    166. Amend section 22.1002-1 by removing ``41 U.S.C. 353(d)'' and 
adding ``41 U.S.C. 6707(d)'' in its place.
    167. Revise section 22.1003-2 to read as follows:


22.1003-2  Geographical coverage of the Service Contract Labor 
Standards statute.

    The Service Contract Labor Standards statute applies to service 
contracts performed in the United States (see 22.1001). The Service 
Contract Labor Standards statute does not apply to contracts performed 
outside the United States.
    168. Amend section 22.1003-3 by revising the introductory text and 
paragraph (b) to read as follows:


22.1003-3  Statutory exemptions.

    The Service Contract Labor Standards statute does not apply to--
* * * * *
    (b) Any work required to be done in accordance with the provisions 
of 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, 
and Equipment Exceeding $15,000;
* * * * *
    169. Amend section 22.1003-4 by--
    a. Revising paragraph (a);
    b. Removing from the introductory text of paragraph (b) ``the Act'' 
and adding ``the Service Contract Labor Standards statute'' in its 
place;
    c. Removing from the introductory text of paragraph (c)(1) ``the 
Act'' and adding ``the Service Contract Labor Standards statute'' in 
its place;
    d. Removing from paragraph (c)(3)(i) ``Contract Act'' and adding 
``Contract Labor Standards statue'' in its place;
    e. Removing from paragraphs (c)(3)(ii) and (c)(3)(iii) ``Contract 
Act'' and adding ``Contract Labor Standards'' in its place;

[[Page 57963]]

    f. Removing from paragraph (c)(4)(i) ``Contract Act'' and adding 
``Contract Labor Standards statue'' in its place;
    g. Removing from paragraphs (c)(4)(ii), and (d)(1) ``the Act'' and 
adding ``the Service Contract Labor Standards statute'' in their 
places;
    h. Removing from paragraph (d)(1)(iv) ``Davis-Bacon Act'' and 
adding ``Construction Wage Rate Requirements statue'' in its place;
    i. Removing from paragraphs (d)(3)(i), (d)(3)(ii) introductory 
text, and (d)(3)(iii) ``Contract Act'' and adding ``Contract Labor 
Standards'' in their places;
    j. Removing from paragraphs (d)(4)(i) and (d)(4)(ii) ``Contract 
Act'' and ``the Act'' and adding ``Contract Labor Standards statute'' 
and ``Service Contract Labor Standards statue'' in their places; 
respectively; and
    k. Revising paragraphs (d)(5)(i) and (d)(5)(iii).
    The revised text reads as follows:


22.1003-4  Administrative limitations, variations, tolerances, and 
exemptions.

    (a) The Secretary of Labor may provide reasonable limitations and 
may make rules and regulations allowing reasonable variations, 
tolerances, and exemptions to and from any or all provisions of the 
Service Contract Labor Standards statute other than 41 U.S.C. 6707(f). 
These will be made only in special circumstances where it has been 
determined that the limitation, variation, tolerance, or exemption is 
necessary and proper in the public interest or to avoid the serious 
impairment of Government business, and is in accord with the remedial 
purpose of the Service Contract Labor Standards statute to protect 
prevailing labor standards (41 U.S.C. 6707(b)). See 29 CFR 4.123 for a 
listing of administrative exemptions, tolerances, and variations. 
Requests for limitations, variances, tolerances, and exemptions from 
the Service Contract Labor Standards statute shall be submitted in 
writing through contracting channels and the agency labor advisor to 
the Wage and Hour Administrator.
* * * * *
    (d) * * *
    (5) * * *
    (i) Awarded under 41 U.S.C. chapter 85, Committee for Purchase from 
People Who Are Blind or Severely Disabled (see Subpart 8.7).
* * * * *
    (iii) Subject to 41 U.S.C. 6707(c) (see 22.1002-3).


22.1003-5  [Amended]

    170. Amend section 22.1003-5 by removing from introductory text 
``the Act'' and adding ``the Service Contract Labor Standards statue'' 
in its place.
    171. Amend section 22.1003-6 by revising paragraph (a); and by 
removing from paragraph (b) ``Contract Act'' and adding ``Contract 
Labor Standards statute'' in its place.
    The revised text reads as follows:


22.1003-6  Repair distinguished from remanufacturing of equipment.

    (a) Contracts principally for remanufacturing of equipment which is 
so extensive as to be equivalent to manufacturing are subject to 41 
U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and 
Equipment Exceeding $15,000, rather than to the Service Contract Labor 
Standards statute. Remanufacturing shall be deemed to be manufacturing 
when the criteria in either subparagraphs (a)(1) or (a)(2) of this 
subsection are met.
* * * * *


22.1003-7  [Amended]

    172. Amend section 22.1003-7 by removing ``the Act'' and adding 
``the Service Contract Labor Standards statute'' in its place.


22.1004  [Amended]

    173. Amend section 22.1004 by removing from the introductory 
paragraph and paragraph (c) ``the Act'' and adding ``the Service 
Contract Labor Standards statute'' in its place (three times).


22.1006  [Amended]

    174. Amend section 22.1006 by--
    a. Removing from the introductory text of paragraph (a)(1) the 
words ``Act of 1965'' and ``the Act'' and adding ``Labor Standards'' 
and ``the Service Contract Labor Standards statue'' in its place, 
respectively;
    b. Removing from paragraph (a)(2) ``Contract Act'' and adding 
``Contract Labor Standards statute'' in its place;
    c. Removing from paragraphs (a)(2)(i)(A) and (a)(2)(i)(B) the words 
``Contract Act'' and adding ``Contract Labor Standards'' in their 
places;
    d. Revising paragraph (a)(2)(ii) to read as follows;
    e. Removing from paragraph (b) ``the Act'' and adding ``the Service 
Contract Labor Standards statute'' in its place.


22.1008-1  [Amended]

    175. Amend section 22.1008-1 by removing from paragraph (e)(3) 
``whether Section 4(c) of the Act applies'' and adding ``whether 41 
U.S.C. 6707(c) applies'' in its place.
    176. Amend section 22.1008-2 by--
    a. Revising the section heading and paragraph (a);
    b. Removing from paragraphs (b) introductory text, (c) introductory 
text, (c)(1), and (c)(2) introductory text ``section 4(c) of the Act'' 
and adding ``41 U.S.C. 6707(c)'' in its place;
    c. Removing from paragraph (d)(1) ``section 4(c) of the Act'' and 
adding ``41 U.S.C. 6707(c)''; and removing ``Service Contract Act of 
1965'' and adding ``Service Contract Labor Standards,'' in its place;
    d. Removing from paragraph (d)(3) ``applicability of the Act'' and 
adding ``applicability of the Service Contract Labor Standards 
statute'' in its place; and
    e. Removing from paragraph (e)(1) ``Section 4(c) of the Act'' and 
adding ``41 U.S.C. 6707(c)'' in its place.
    The revised text reads as follows:


22.1008-2  Successorship with incumbent contractor collective 
bargaining agreement.

    (a) Early in the acquisition cycle, the contracting officer shall 
determine whether 41 U.S.C. 6707(c) affects the new acquisition. The 
contracting officer shall determine whether there is a predecessor 
contract covered by the Service Contract Labor Standards statute and, 
if so, whether the incumbent prime contractor or its subcontractors and 
any of their employees have a collective bargaining agreement.
* * * * *


22.1009-4  [Amended]

    177. Amend section 22.1009-4 by removing from paragraph (b) 
``Service Contract Act Place'' and adding ``Service Contract Labor 
Standards-Place'' in its place.


22.1012-2  [Amended]

    178. Amend section 22.1012-2 by removing from paragraphs (a) and 
(b) ``section 4(c) of the Act'' and adding ``41 U.S.C. 6707 (c)'' in 
their places.


22.1015   [Amended]

    179. Amend section 22.1015 by removing ``Service Contract Act'' and 
``section 10 of the Act (41 U.S.C. 358)'' and adding ``Service Contract 
Labor Standards statute'' and ``41 U.S.C. 6707 (f),'' in its place, 
respectively.


22.1018   [Amended]

    180. Amend section 22.1018 by--
    a. Removing from paragraphs (a) ``the Act'' and adding ``the 
Service Contract Labor Standards statute'' in its place; and
    b. Removing from paragraph (b) ``the Act'' and ``Service Contract 
Act of 1965'' and adding ``the Service Contract Labor Standards 
statute'' and ``Service Contract Labor Standards.'' in its place, 
respectively.

[[Page 57964]]

22.1019   [Amended]

    181. Amend section 22.1019 by--
    a. Removing from paragraphs (a) ``Service Contract Act of 1965'' 
and adding ``Service Contract Labor Standards.'' in its place; and
    b. Removing from paragraph (c) ``handicapped workers'' and 
``Service Contract Act of 1965'' and adding ``disabled workers'' and 
``Service Contract Labor Standards.'' in its place, respectively.


22.1020   [Amended]

    182. Amend section 22.1020 by removing ``Service Contract Act of 
1965'' and adding ``Service Contract Labor Standards.'' in its place.


22.1022   [Amended]

    183. Amend section 22.1022 by removing ``Service Contract Act of 
1965'' and ``Service Contract Act'' and adding ``Service Contract Labor 
Standards,'' and ``Service Contract Labor Standards statute'' in its 
place, respectively.
    184. Revise section 22.1023 to read as follows:


22.1023   Termination for default.

    As provided by the Service Contract Labor Standards statute, any 
contractor failure to comply with the requirements of the contract 
clauses related to the Service Contract Labor Standards statute may be 
grounds for termination for default (see paragraph (k) of the clause at 
52.222-41, Service Contract Labor Standards).


22.1025   [Amended]

    185. Amend section 22.1025 by removing ``the Act'' and adding ``the 
Service Contract Labor Standards statute'' in its place twice.


22.1026   [Amended]

    186. Amend section 22.1026 by removing ``Act of 1965'' and adding 
``Labor Standards'' in its place.
    187. Revise section 22.1101 to read as follows:


22.1101   Applicability.

    The Service Contract Act of 1965, now codified at 41 U.S.C. chapter 
67, Service Contract Labor Standards, was enacted to ensure that 
Government contractors compensate their blue-collar service workers and 
some white-collar service workers fairly, but it does not cover bona 
fide executive, administrative, or professional employees.
    188. Revise section 22.1502 to read as follows:


22.1502   Policy.

    Agencies must take appropriate action to enforce the laws 
prohibiting the manufacture or importation of products that have been 
mined, produced, or manufactured wholly or in part by forced or 
indentured child labor, consistent with 19 U.S.C. 1307, 29 U.S.C. 201, 
et seq., and 41 U.S.C. chapter 65. Agencies should make every effort to 
avoid acquiring such products.
    189. Amend section 22.1801 in the definition ``Commercially 
available off-the-sheet (COTS) item'' by revising the first sentence of 
paragraph (2) to read as follows:


22.1801   Definitions.

* * * * *
    Commercially available off-the-sheet (COTS) item * * *
    (2) Does not include bulk cargo, as defined 46 U.S.C. 40102(4), 
such as agricultural products and petroleum products. * * *
* * * * *

PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

    190. Revise section 23.500 to read as follows:


23.500   Scope of subpart.

    This subpart implements 41 U.S.C. chapter 81, Drug-Free Workplace.
    191. Revise section 23.502 to read as follows:


23.502   Authority.

    41 U.S.C. chapter 81, Drug Free Workplace.
    192. Amend section 23.704 by revising paragraph (b)(1)(ii) to read 
as follows:


23.704   Electronic products environmental assessment tool.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Is a voluntary consensus standard consistent with Section 
12(d) of Pub. L. 104-113 (15 U.S.C. 272 note), the ``National 
Technology Transfer and Advancement Act of 1995'', (see 11.102(c));
* * * * *

PART 24--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION


24.202   [Amended]

    193. Amend section 24.202 by--
    a. Removing from paragraph (a) ``41 U.S.C. 253b'' and adding ``41 
U.S.C. 4702'' in its place; and
    b. Removing from paragraph (b) ``41 U.S.C. 254b (d)(2)(c)'' and 
adding ``41 U.S.C. 3505(b)(3)'' in its place.

PART 25--FOREIGN ACQUISITION

    194. Amend section 25.000 by revising paragraph (b) to read as 
follows:


25.000   Scope of part.

* * * * *
    (b) It implements 41 U.S.C. chapter 83, Buy American; trade 
agreements; and other laws and regulations.
    195. Amend section 25.001 by revising paragraph (a); and removing 
from paragraphs (b), (c), and (c)(1) ``Buy American Act'' and adding 
``Buy American statute'' in their places. The revised text reads as 
follows: 25.001 General.
    (a) 41 U.S.C. chapter 83, Buy American--
* * * * *
    196. Amend section 25.002 by revising the table to read as follows:


25.002   Applicability of subparts.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                   Supplies for use              Construction             Services performed
           Subpart           -----------------------------------------------------------------------------------
                               Inside U.S.  Outside U.S.   Inside U.S.  Outside U.S.   Inside U.S.  Outside U.S.
----------------------------------------------------------------------------------------------------------------
25.1 Buy American--Supplies.            X   ............  ............  ............  ............  ............
25.2 Buy American--           ............  ............            X   ............  ............  ............
 Construction Materials.....
25.3 Contracts Performed      ............            X   ............            X   ............            X
 Outside the United States..
25.4 Trade Agreements.......            X             X             X             X             X             X
25.5 Evaluating Foreign                 X             X   ............  ............  ............  ............
 Offers--Supply Contracts...
25.6 American Recovery and    ............  ............  ............  ............            X   ............
 Reinvestment Act--Buy
 American statute--
 Construction Materials.....
----------------------------------------------------------------------------------------------------------------


[[Page 57965]]

25.004   [Amended]

    197. Amend section 25.004 by removing from paragraph (a) ``41 
U.S.C. 10a'' and adding ``41 U.S.C. 8302(b)'' in its place.
    198. Amend subpart 25.1 by revising the section heading to read as 
follows:

Subpart 25.1--Buy American--Supplies

    199. Amend section 25.100 by revising paragraphs (a)(1) and (a)(3) 
to read as follows


25.100   Scope of subpart.

    (a) * * *
    (1) 41 U.S.C. chapter 83, Buy American;
* * * * *
    (3) Waiver of the component test of the Buy American statute for 
acquisition of commercially available off-the-shelf (COTS) items in 
accordance with 41 U.S.C. 1907.
* * * * *


25.101   [Amended]

    200. Amend section 25.101 by--
    a. Removing from paragraph (a) ``Buy American Act'' and adding 
``Buy American statute'' in its place (two times);
    b. Removing from paragraph (a)(2) ``41 U.S.C. 431'' and ``Buy 
American Act'' and adding ``41 U.S.C. 1907'' and ``Buy American 
statute'' in its place, respectively; and
    c. Removing from paragraph (b) ``Buy American Act'' and adding 
``Buy American statute'' in its place.


25.103   [Amended]

    201. Amend section 25.103 by removing from the introductory text, 
paragraphs (a), (b) introductory text, and (b)(1)(iii)(A) ``Buy 
American Act'' and adding ``Buy American statute'' in their places.


25.105   [Amended]

    202. Amend section 25.105 by removing from the introductory text of 
paragraph (b) ``Buy American Act'' and adding ``Buy American statute'' 
in its place.
    203. Amend Subpart 25.2 by revising the subpart heading to read as 
follows:

Subpart 25.2--Buy American--Construction Materials

    204. Amend section 25.200 by revising paragraphs (a)(1) and (a)(3) 
to read as follows:


25.200   Scope of subpart.

    (a) * * *
    (1) 41 U.S.C. chapter 83, Buy American;
* * * * *
    (3) Waiver of the component test if the buy American statute for 
acquisitions of commercially available off-the-shelf (COTS) items in 
accordance with 41 U.S.C. 1907.
* * * * *


25.202   [Amended]

    205. Amend section 25.202 by removing from paragraphs (a) and 
(a)(1) ``Buy American Act'' and adding ``Buy American statute'' in 
their places (three times).


25.203   [Amended]

    206. Amend section 25.203 by removing from paragraph (a) ``Buy 
American Act'' and adding ``Buy American statute'' in its place.


25.204   [Amended]

    207. Amend section 25.204 by removing from paragraph (b) ``Buy 
American Act'' and adding ``Buy American statute'' in its place.


25.205   [Amended]

    208. Amend section 25.205 by removing from paragraphs (a), (b), and 
(c) ``Buy American Act'' and adding ``Buy American statute'' in their 
places.


25.206   [Amended]

    209. Amend section 25.206 by removing from paragraphs (a), (c)(1), 
and (c)(3) ``Buy American Act'' and adding ``Buy American statute'' in 
their places (four times).


25.400   [Amended]

    210. Amend section 25.400 by removing from paragraph (a)(2)(ii) 
``(Public Law 108-77)'' and adding ``(Public Law 108-77) (19 U.S.C. 
3805 note)'' in its place; and removing from paragraph (a)(6) ``Buy 
American Act'' and adding ``Buy American statute'' in its place.


25.402   [Amended]

    211. Amend section 25.402 by removing from the introductory text of 
paragraph (a)(1) ``Buy American Act'' and adding ``Buy American 
statute'' in their places (two times).


25.405   [Amended]

    212. Amend section 25.405 by removing ``(Pub. L. 109-53)'' and 
adding ``(Pub. L. 109-53) (19 U.S.C. 4031)'' in its place.


25.406   [Amended]

    213. Amend section 25.406 by removing ``Buy American Act'' and 
adding ``Buy American statute'' in its place.


25.407   [Amended]

    214. Amend section 25.407 by removing ``Buy American Act'' and 
adding ``Buy American statute'' in its place.


25.501   [Amended]

    215. Amend section 25.501 by removing from paragraph (d) ``Buy 
American Act'' and adding ``Buy American statute'' in its place.


25.502   [Amended]

    216. Amend section 25.502 by removing from paragraphs (c), (c)(3), 
(d)(2), and (d)(3) ``Buy American Act'' and adding ``Buy American 
statute'' in their places.
    217. Amend section 25.504-1 by revising the section heading; and 
removing from paragraphs (a)(2) and (b)(2) ``Buy American Act'' and 
adding ``Buy American statute'' in their places.
    The revised text reads as follows:


25.504-1   Buy American statute.

* * * * *


25.504-4   [Amended]

    218. Amend section 25.504-4 by removing from paragraph (b) under 
the heading ``Problem'' the words ``Buy American Act'' and adding ``Buy 
American statute'' in its place.
    219. Amend Subpart 25.6 by revising the subpart heading to read as 
follows:

Subpart 25.6--American Recovery And Reinvestment Act--Buy American 
Statute--Construction Materials


25.600   [Amended]

    220. Amend section 25.600 by removing ``the Buy American Act'' and 
adding ``41 U.S.C. chapter 83, Buy American (referred to in this 
subpart as the Buy American Statute)'' in its place.


25.601   [Amended]

    221. Amend section 25.601 by removing from paragraph (1) of the 
definition ``Domestic construction material'' the words ``Buy American 
Act'' and adding ``Buy American statute'' in its place.
    222. Amend section 25.602-2 by revising the section heading; and 
removing ``Buy American Act'' and adding ``Buy American statute'' in 
its place. The revised text reads as follows:


25.602-2   Buy American statute.

* * * * *


25.603   [Amended]

    223. Amend section 25.603 by removing from paragraphs (a)(1), 
(a)(1)(iii), and (a)(2) ``Buy American Act'' and adding ``Buy American 
statute'' in its place.
    224. Amend section 25.604 by revising the section heading; and 
removing from paragraph (a) ``Buy

[[Page 57966]]

American Act'' and adding ``Buy American statute'' in its place. The 
revised text reads as follows:


25.604   Preaward determination concerning the inapplicability of 
section 1605 of the Recovery Act or the Buy American statute.

* * * * *


25.606   [Amended]

    225. Amend section 25.606 by removing from paragraphs (a), (b), and 
(c) ``Buy American Act'' and adding ``Buy American statute'' in its 
place.


25.607   [Amended]

    226. Amend section 25.607 by removing from paragraphs (a), (c)(1), 
and (c)(3) ``Buy American Act'' and adding ``Buy American statute'' in 
its places (four times).


25.700   [Amended]

    227. Amend section 25.700 by removing from paragraph (b) ``110-
174)'' and adding ``110-174) (50 U.S.C. 1701 note)'' in its place.


25.1001   [Amended]

    228. Amend section 25.1001 by removing from paragraph (a) ``41 
U.S.C. 254d'' and adding ``41 U.S.C. 4706'' in its place.


25.1101   [Amended]

    229. Amend section 25.1101 by--
    a. Removing from the introductory text of paragraph (a)(1) ``Act'';
    b. Removing from paragraph (a)(1)(ii) ``Buy American Act'' and 
adding ``Buy American statute'' in its place;
    c. Removing from paragraphs (a)(1), (a)(2), (b)(1)(i), and 
(b)(2)(i) ``Act''; and
    d. Removing from paragraphs (a)(1)(ii), (c)(1), and (d) ``Buy 
American Act'' and adding ``Buy American statute'' in its place.


25.1102   [Amended]

    230. Amend section 25.1102 by--
    a. Removing from paragraph (a) ``Act'';
    b. Removing from paragraph (a)(1) ``Buy American Act'' and adding 
``Buy American statute'' in its place;
    c. Removing from paragraph (b)(1) ``Act'';
    d. Removing from paragraph (b)(2) ``Buy American Act'' and adding 
``Buy American statute'' in its place;
    e. Removing from paragraph (c) ``Act'';
    f. Removing from paragraphs (c)(1) and (c)(3) ``Buy American Act'' 
and adding ``Buy American statute'' in its place;
    g. Removing from paragraph (d)(1) ``Act''; and
    h. Removing from paragraphs (d)(2), (e)(3)(i), and (e)(3)(ii) ``Buy 
American Act'' and adding ``Buy American statute'' in its place.

PART 26--OTHER SOCIOECONOMIC PROGRAMS


26.400   [Amended]

    231. Amend section 26.400 by removing ``(Pub. L. 110-247)'' and 
adding ``(42 U.S.C 1792)'' in its place.
    232. Amend section 26.403 by revising the introductory text of 
paragraph (a) to read as follows:


26.403   Procedures.

    (a) In accordance with the Federal Food Donation Act of 2008 an 
executive agency shall comply with the following:
* * * * *

PART 27--PATENTS, DATA, AND COPYRIGHTS


27.304   [Amended]

    233. Amend sections 27.304 by removing from paragraph (c) 
``Disputes Act'' and adding ``Disputes statute'' in its place (two 
times).

PART 28--BONDS AND INSURANCE

    234. Amend section 28.102-1 by revising the introductory test of 
paragraph (a) and paragraph (a)(2) to read as follows.


28.102-1   General.

    (a) The 40 U.S.C. chapter 31, subchapter III, Bonds, requires 
performance and payment bonds for any construction contract exceeding 
$150,000, except that this requirement may be waived--
* * * * *
    (2) As otherwise authorized by the Bonds statute or other law.
* * * * *


28.102-2   [Amended]

    235. Amend section 28.102-2 by removing from paragraph (b) 
``$150,000 Miller Act'' and adding ``$150,000'' in its place.


28.106-1   [Amended]

    236. Amend section 28.106-1 by removing from paragraphs (h) and (i) 
``Miller Act''.


28.106-4   [Amended]

    237. Amend section 28.106-4 by removing from paragraph (b) ``Pub. 
L. 103-355'' and adding ``Pub. L. 103-355 (10 U.S.C. 2302 note)'' in 
its place; and removing the words ``the Miller Act'' and adding ``40 
U.S.C. chapter 31, subchapter III, Bonds'' in its place.


28.106-6   [Amended]

    238. Amend section 28.106-6 by removing from paragraph (d) ``Pub. 
L. 103-355'' and adding ``Pub. L. 103-355 (10 U.S.C. 2302 note)'' in 
its place; and removing ``Miller Act'' and adding ``bonds statute'' in 
its place.
    239. Amend section 28.202 by revising paragraph (a)(4) to read as 
follows.


28.202   Acceptability of corporate sureties.

    (a) * * *
    (4) When specified in the solicitation, the contracting officer may 
accept a bond from the direct writing company in satisfaction of the 
total bond requirement of the contract. This is permissible until 
necessary reinsurance agreements are executed, even though the total 
bond requirement may exceed the insurer's underwriting limitation. The 
contractor shall execute and submit necessary reinsurance agreements to 
the contracting officer within the time specified on the bid form, 
which may not exceed 45 calendar days after the execution of the bond. 
The contractor shall use Standard Form 273, Reinsurance Agreement for a 
Performance Bond, and Standard Form 274, Reinsurance Agreement for a 
Payment Bond, when reinsurance is furnished with the required 
performance or payment bonds. Standard Form 275, Reinsurance Agreement 
in Favor of the United States, is used when reinsurance is furnished 
with bonds for other purposes.
* * * * *


28.203-5   [Amended]

    240. Amend section 28.203-5 by removing from paragraphs (a)(1) and 
(a)(3) ``Miller Act'' and adding ``Bonds Statute'' in its place.


28.204-3   [Amended]

    241. Amend section 28.204-3 by removing from paragraphs (f)(2)(i) 
and (f)(2)(ii), ``Miller Act'' and adding ``Bonds Statute'' in its 
place.

PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION


30.101   [Amended]

    242. Amend section 30.101 by--
    a. Removing from paragraph (a) ``Public Law 100-679 (41 U.S.C. 
422)'' and adding ``41 U.S.C. chapter 15, Cost Accounting Standards,'' 
in its place; and
    b. Removing from paragraph (b) ``Public Law 100-679'' and adding 
``41 U.S.C. chapter 15'' in its place.

PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES


31.205-1   [Amended]

    243. Amend section 31.205-1 by removing from paragraph (f)(8) ``Pub 
L.

[[Page 57967]]

110-247) (see FAR Subpart 26.4)'' and adding ``42 U.S.C. 1792, see 
subpart 26.4)'' in its place.
    244. Amend section 31.205-6 by revising paragraph (g)(6) and (p)(1) 
to read as follows:


31.205-6   Compensation for personal services.

* * * * *
    (g) * * *
    (6) Under 10 U.S.C. 2324(e)(1)(M) and 41 U.S.C. 4304(a)(13), the 
costs of severance payments to foreign nationals employed under a 
service contract performed outside the United States are unallowable to 
the extent that such payments exceed amounts typically paid to 
employees providing similar services in the same industry in the United 
States. Further, under 10 U.S.C. 2324(e)(1)(N) and 41 U.S.C. 
4304(a)(14), all such costs of severance payments that are otherwise 
allowable are unallowable if the termination of employment of foreign 
national is the result of the closing of, or the curtailment of 
activities at, a United States facility in that country at the request 
of the government of that country; this does not apply if the closing 
of a facility or curtailment of activities is made pursuant to a 
status-of-forces or other country-to-country agreement entered into 
with the government of that country before November 29, 1989. 10 U.S.C. 
2324(e)(3) and 41 U.S.C. 4304(b) permit the head of the agency to waive 
these cost allowability limitations under certain circumstances (see 
37.113 and the solicitation provision at 52.237-8).
* * * * *
    (p) * * *
    (1) Costs incurred after January 1, 1998, for compensation of a 
senior executive in excess of the benchmark compensation amount 
determined applicable for the contractor fiscal year by the 
Administrator, Office of Federal Procurement Policy (OFPP), under 41 
U.S.C. 1127 are unallowable (10 U.S.C. 2324(e)(1)(P) and 41 U.S.C. 
4304(a)(16)). * * *
* * * * *


31.205-47   [Amended]

    245. Amend section 31.205-47 by removing from paragraph (a)(3) 
``the Anti-Kickback Act, 41 U.S.C., sections 51 and 54'' and adding 
``41 U.S.C. chapter 87, Kickbacks'' in its place.


31.603   [Amended]

    246. Amend section 31.603 by--
    a. Removing from the introductory text of paragraph (b) ``41 U.S.C. 
256(e)'' and adding ``41 U.S.C. 4304 (a)'' in its place; and
    b. Removing from paragraph (b)(15) ``41 U.S.C. 256(k)'' and adding 
``41 U.S.C. 4310'' in its place.


31.703   [Amended]

    247. Removing from paragraph (b) ``41 U.S.C. 256(e)'' and adding 
``41 U.S.C. 4304'' in its place.

PART 32--CONTRACT FINANCING

    248. Amend section 32.006-1 by revising paragraph (a) and the first 
sentence of paragraph (b) to read as follows:


32.006-1   General.

    (a) Under 10 U.S.C. 2307(i)(8), the statutory authority implemented 
by this section is available to the Department of Defense and the 
National Aeronautics and Space Administration; this statutory authority 
is not available to the United States Coast Guard. Under 41 U.S.C. 
Division B of subtitle I (Procurement) and 4506, this statutory 
authority is available to all agencies subject to that statute.
    (b) 10 U.S.C. 2307(i)(2) and 41 U.S.C. 4506 provide for a reduction 
or suspension of further payments to a contractor when the agency head 
determines there is substantial evidence that the contractor's request 
for advance, partial, or progress payments is based on fraud. * * *
* * * * *


32.006-2   [Amended]

    249. Amend section 32.006-2 by removing from the definition 
``Remedy coordination official'' the word ``41 U.S.C. 255(g)(9)'' and 
adding ``41 U.S.C. 4506(a)'' in its place.


32.006-5   [Amended]

    250. Amend section 32.006-5 by removing from paragraph (a) ``41 
U.S.C. 255'' and ``10 U.S.C. 2307'' and adding ``41 U.S.C. 4506(h)'' 
and ``10 U.S.C. 2307(i)(7)'' in their places; respectively; and 
removing from paragraph (b) ``41 U.S.C. 255'' and ``10 U.S.C. 2307'' 
adding ``41 U.S.C. 4506(h)'' and ``10 U.S.C. 2307(i)(7)'' in their 
places; respectively.
    251. Revise section 32.101 read as follows:


32.101   Authority.

    The basic authority for the contract financing described in this 
part is contained in (41 U.S.C. chapter 45, Contracting Financing), 10 
U.S.C. 2307, and Title III of the Defense Production Act of l950 (50 
U.S.C. App. 2091).


32.102   [Amended]

    252. Amend section 32.102 by removing from paragraph (d) ``41 
U.S.C. 255'' and adding ``41 U.S.C. chapter 45'' in its place.


32.112-1   [Amended]

    253. Amend section 32.112-1 by removing from paragraph (a) ``Pub. 
L. 103-355'' and adding ``Pub. L. 103-355 (10 U.S.C. 2302)'' in its 
place.


32.112-2   [Amended]

    254. Amend section 32.112-2 by removing from the introductory text 
of paragraph (a) ``Pub. L. 103-355'' and adding ``Pub. L. 103-355 (10 
U.S.C. 2302)'' in its place.


32.201   [Amended]

    255. Amend section 32.201 by removing ``41 U.S.C. 255(f)'' and 
adding ``41 U.S.C. 4505'' in its place.


32.202-4   [Amended]

    256. Amend section 32.202-4 by removing from the introductory text 
of paragraph (a)(1) ``41 U.S.C. 255(f)'' and adding ``41 U.S.C. 4505'' 
in its place.
    257. Amend section 32.401 by revising paragraphs (a) and (b) to 
read as follows:


32.401   Statutory Authority.

* * * * *
    (a) 41 U.S.C. chapter 45;
    (b) 10 U.S.C. 2307; or
* * * * *
    258. Amend section 32.410 by revising paragraph (c), under the 
heading ``Authorization'', to read as follows.


32.410   Findings, determination, and authorization.

* * * * *
    (c) The advance payments, of which (the amount at any time 
outstanding) (the aggregate amount, less the aggregate amounts repaid, 
or withdrawn by the Government), shall not exceed $----------, are 
hereby authorized under (41 U.S.C. chapter 45, Contract Financing,) (10 
U.S.C. 2307) (the Extraordinary Contracting Authority of Government 
Agencies in Connection with National Defense Functions (50 U.S.C. 1431-
1435) and Executive Order No. 10789 of November 14, 1958 (3 CFR 1958 
Supp. pp. 72-74)) or, if other, cite appropriate authority on (terms 
substantially as contained in the proposed advance payment clause, a 
copy (an outline) of which is annexed to this authorization) (the 
following terms:) Insert the appropriate terms. (All prior 
authorizations for advance payments under Contract No. -------- are 
superseded.)
* * * * *

[[Page 57968]]

32.501-1   [Amended]

    259. Amend section 32.501-1 by removing from paragraph (d) ``41 
U.S.C. 255'' and adding ``41 U.S.C. 4504(b)'' in its place.


32.604   [Amended]

    260. Amend section 32.604 by removing from paragraph (b)(4)(ii) 
``Section 611 of the Contract Disputes Act of 1978 (Public Law 95-
563)'' and adding ``(41 U.S.C. 7109)'' in its place.


32.606   [Amended]

    261. Amend section 32.606, by removing from paragraph (a) ``41 
U.S.C. 15'' and adding ``41 U.S.C. 6305'' in its place.


32.703-3   [Amended]

    262. Amend section 32.703-3, by removing from paragraph (a), ``41 
U.S.C. 11a'' and adding ``41 U.S.C. 6302'' in its place; and removing 
from paragraph (b) ``41 U.S.C. 2531'' and adding ``41 U.S.C. 3902'' in 
its place.


32.800   [Amended]

    263. Amend section 32.800 by removing ``31 U.S.C. 3727, 41 U.S.C. 
15'' and adding ``31 U.S.C. 3727, and 41 U.S.C. 6305'' in its place.


32.805   [Amended]

    264. Amend section 32.805, by removing from paragraph (c), under 
the heading ``Notice of Assignment'' in the second paragraph, ``31 
U.S.C. 3727, 41 U.S.C. 15'' and adding ``31 U.S.C. 3727, and 41 U.S.C. 
6305'' in its place.

PART 33--PROTESTS, DISPUTES, AND APPEALS


33.102   [Amended]

    265. Amend section 33.102 by removing from paragraph (f) ``41 
U.S.C. 423(g)'' and adding ``41 U.S.C. 2106'' in its place.


33.201   [Amended]

    266. Amend section 33.201 by removing from the definition 
``Defective certification'' the words ``a person duly'' and adding ``a 
person'' in its place.
    267. Revise section 33.202 to read as follows.


33.202   Disputes.

    41 U.S.C. Chapter 71, Disputes, establishes procedures and 
requirements for asserting and resolving claims subject to the Disputes 
statute. In addition, the Disputes statute provides for:
    268. Amend section 33.203 by--
    a. Revising paragraph (b)(1);
    b. Removing from paragraphs (b)(2) ``Act'' and adding ``Disputes 
statute'' in its place; and
    C. Revising paragraph (c).
    The revised text read as follows:


33.203   Applicability.

* * * * *
    (b) * * *
    (1) A foreign government or agency of that government; or
* * * * *
    (c) This part applies to all disputes with respect to contracting 
officer decisions on matters ``arising under'' or ``relating to'' a 
contract. Agency Boards of Contract Appeals (BCA's) authorized under 
the Disputes statute continue to have all of the authority they 
possessed before the Disputes statute with respect to disputes arising 
under a contract, as well as authority to decide disputes relating to a 
contract. The clause at 52.233-1, Disputes, recognizes the ``all 
disputes'' authority established by the Disputes statute and states 
certain requirements and limitations of the Disputes statute for the 
guidance of contractors and contracting agencies. The clause is not 
intended to affect the rights and obligations of the parties as 
provided by the Disputes statute or to constrain the authority of the 
statutory agency BCA's in the handling and deciding of contractor 
appeals under the Disputes statute.


33.205   [Amended]

    269. Amend section 33.205 by--
    a. Removing from the section heading ``Act'' and adding ``Disputes 
statute'' in its place;
    b. Removing from paragraph (a) ``contract Disputes Act of 1978'' 
and adding ``Disputes statute'' in its place;
    c. Removing from paragraph (b) ``under the Act'' and adding ``under 
the Dispute statute'' in its place; and
    d. Removing from paragraph (c) ``Disputes Act of 1978'' and adding 
``Disputes statute'' in its place.


33.207   [Amended]

    270. Amend section 33.207 by removing from paragraph (e) ``duly''.


33.208   [Amended]

    271. Amend section 33.208 by removing from paragraph (b) ``the 
Act'' and adding ``the Disputes statute'' in its place.


33.211   [Amended]

    272. Amend section 33.210 by removing from paragraph (a)(4)(v)(2) 
``the Contract Dispute Act of 1978, 41 U.S.C. 603'' and adding ``41 
U.S.C. 7102(d),'' in its place.
    273. Revise the first and second sentences of paragraph (a) to read 
as follows:


33.213   Obligation to continue performance.

    (a) In general, before passage of the Disputes statute, the 
obligation to continue performance applied only to claims arising under 
a contract. However, the Disputes statute at 41 U.S.C. 605(b) 7103(g), 
authorizes agencies to require a contractor to continue contract 
performance in accordance with the contracting officer's decision 
pending a final resolution of any claim arising under, or relating to, 
the contract. * * *
* * * * *

PART 36--CONSTRUCTION AND ARCHITECT--ENGINEER


36.104   [Amended]

    274. Amend section 36.104 by removing from paragraph (a) ``the 
Brooks Architect-Engineers Act (40 U.S.C. 1101, et seq.)'' and ``41 
U.S.C. 253m'' and adding ``40 U.S.C. chapter 11, Selection of 
Architects and Engineers,'' and ``41 U.S.C. 3309'' in their places; 
respectively.


36.300   [Amended]

    275. Amend section 36.300 by removing ``41 U.S.C. 253m'' and adding 
``41 U.S.C. 3309'' in its place.

PART 37--SERVICE CONTRACTING

    276. Amend section 37.000 by revising the last sentence to read as 
follows:


37.000   Scope of part.

    * * * This part includes, but is not limited to, contracts for 
services to which 41 U.S.C. chapter 67, Service Contract Labor 
Standards, applies (see subpart 22.10).


37.106   [Amended]

    277. Amend section 37.106 by removing from paragraph (b) ``41 
U.S.C. 2531'' and adding ``41 U.S.C. 3902'' in its place.
    278. Revise section 37.107 to read as follows.


37.107   Service Contract Labor Standards.

    41 U.S.C. chapter 67, Service Contract Labor Standards, provides 
for minimum wages and fringe benefits as well as other conditions of 
work under certain types of service contracts. Whether or not the 
Service Contract Labor Standards statute applies to a specific service 
contract will be determined by the definitions and exceptions given in 
the Service Contract Labor Standards statute, or implementing 
regulations.


37.202   [Amended]

    279. Amend section 37.202 by removing from paragraph (b) ``the

[[Page 57969]]

Brooks Architect-Engineers Act (40 U.S.C. 1102)'' and adding ``40 
U.S.C. 1102'' in its place.
    280. Amend section 37.203 by revising paragraph (d)(2) to read as 
follows.


37.203   Policy.

* * * * *
    (d) * * *
    (2) The contractor is a Federally-Funded Research and Development 
Center (FFRDC) as authorized in 41 U.S.C. 1709(c) and the work placed 
under the FFRDC's contract meets the criteria of 35.017-3; or
* * * * *
    281. Revise section 37.301 to read as follows:


37.301   Labor standards.

    Contracts for dismantling, demolition, or removal of improvements 
are subject to either 4l U.S.C. chapter 67, Service Contract Labor 
Standards or 40 U.S.C. chapter 31, subchapter IV, Wage Rate 
Requirements (Construction). If the contract is solely for dismantling, 
demolition, or removal of improvements, the Service Contract Labor 
Standards statute applies unless further work which will result in the 
construction, alteration, or repair of a public building or public work 
at that location is contemplated. If such further construction work is 
intended, even though by separate contract, then the Construction Wage 
Rate Requirements statute applies to the contract for dismantling, 
demolition, or removal.


37.302   [Amended]

    282. Amend section 37.302 by removing from the introductory text 
``the Miller Act (40 U.S.C. 3131 et seq.)'' and adding ``41 U.S.C. 
chapter 31, subchapter III, Bonds,'' in its place.


37.401   [Amended]

    283. Amend section 37.401 by removing from the introductory 
paragraph ``41 U.S.C. 253'' and adding ``41 U.S.C. chapter 33, Planning 
and Solicitation'' in its place.

PART 38--FEDERAL SUPPLY SCHEDULE CONTRACTING


38.101   [Amended]

    284. Amend section 38.101 by removing from paragraph (a) ``41 
U.S.C. 259(b)(3)(A)'' and adding ``41 U.S.C. 152(3)'' in its place.

PART 39--ACQUISITION OF INFORMATION TECHNOLOGY


39.103   [Amended]

    285. Amend section 39.103 by removing from paragraph (a) ``Section 
5202, Incremental Acquisition of Information Technology, of the 
Clinger-Cohen Act of 1996 (Public Law 104-106)'' and adding ``41 U.S.C. 
2308'' in its place.

PART 41--ACQUISITION OF UTILITY SERVICES


41.101   [Amended]

    286. Amend section 41.101 by removing from the definition ``Utility 
service'' the words ``Service Contract Act of 1965'' and adding ``41 
U.S.C. chapter 67, Service Contract Labor Standards'' in its place.

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES


42.703-1   [Amended]

    287. Amend section 42.703-1 by--
    a. Removing from paragraph (a) ``41 U.S.C. 254(d)'' and adding ``41 
U.S.C. 4706(e)'' in its place; and
    b. Removing from the introductory text of paragraph (c) ``41 U.S.C. 
256(a)'' and adding ``41 U.S.C. 4303(a)'' in its place.


42.703-2   [Amended]

    288. Amend section 42.703-2 by--
    a. Removing from paragraph (a) ``41 U.S.C. 256(h)'' and adding ``41 
U.S.C. 4307'' in its place; and
    b. Removing from paragraph (e) ``41 U.S.C. 256(a) through (d)'' and 
adding ``41 U.S.C. 4303'' in its place.


42.705-1   [Amended]

    289. Amend section 42.705-1 by removing from paragraph (b)(4) ``41 
U.S.C. 256(f)'' and adding ``41 U.S.C. 4305'' in its place.


42.705-3   [Amended]

    290. Amend section 42.705-3 by removing from paragraph (b)(1) ``41 
U.S.C. 254(a)'' and adding ``41 U.S.C. 4708'' in its place.


42.709   [Amended]

    291. Amend section 42.709 by removing from the introductory text of 
paragraph (a) ``41 U.S.C. 256(a) through (d)'' and adding ``41 U.S.C. 
4303'' in its place.
    292. Amend section 42.1203 by revising paragraph (a) to read as 
follows:


42.1203   Processing agreements.

    (a) If a contractor wishes the Government to recognize a successor 
in interest to its contracts or a name change, the contractor must 
submit a written request to the responsible contracting officer (see 
42.1202). If the contractor received its contract under Subpart 8.7 
under 41 U.S.C. chapter 85, Committee for Purchase from People Who Are 
Blind or Severely Disabled, use the procedures at 8.716 instead.
* * * * *


42.1204  [Amended]

    293. Amend section 42.1204 by removing from the introductory text 
of paragraph (a) ``41 U.S.C. 15'' and adding ``41 U.S.C. 6305'' in its 
place.


42.1601   [Amended]

    294. Amend section 42.1601 by removing ``the Contract Disputes Act 
of 1978 (41 U.S.C. 601-613)'' and adding ``41 U.S.C. chapter 71, 
Contract Disputes'' in its place.

PART 43--CONTRACT MODIFICATIONS


43.102   [Amended]

    295. Amend section 43.102 by removing paragraph (c).

PART 44--SUBCONTRACTING POLICIES AND PROCEDURES


44.201-2   [Amended]

    296. Amend section 44.201-2 by removing from paragraph (b) ``41 
U.S.C. 254(b)'' and adding ``41 U.S.C. 3905'' in its place.


44.202-2   [Amended]

    297. Amend section 44.202-2 by removing from paragraph (a)(4)(ii) 
``Javits-Wagner-O'Day Act (41 U.S.C. 48)'' and adding ``41 U.S.C. 
8504'' in its place.


44.400   [Amended]

    298. Amend section 44.400 by removing ``with section 8002(b)(2) of 
Public Law 103-355'' and adding ``with 41 U.S.C. 3307'' in its place.


44.402   [Amended]

    299. Amend section 44.402 by removing from paragraph (b) ``and 
Commercial Components''.

PART 46--QUALITY ASSURANCE


46.102   [Amended]

    300. Amend section 46.102 by removing from paragraph (f) ``Section 
8002 of Public Law 103-355'' and adding ``with 41 U.S.C. 3307'' in its 
place.

PART 47--TRANSPORTATION

    301. Amend section 47.202 by revising paragraph (a) to read as 
follows:


47.202   Presolicitation planning.

* * * * *
    (a) The Service Contract Labor Standards statute requirement to 
obtain a wage determination by accessing the

[[Page 57970]]

Wage Determination OnLine Web site (https://www.wdol.gov) using the WDOL 
process or by submitting a request directly to the Department of Labor 
on this Web site using the e98 process before the issuance of an 
invitation for bid, request for proposal, or commencement of 
negotiations for any contract exceeding $2,500 that may be subject to 
the Service Contract Labor Standards statute (see subpart 22.10);
* * * * *

PART 48--VALUE ENGINEERING


48.102   [Amended]

    302. Amend section 48.102 by--
    a. Removing from paragraph (a) ``Section 36 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 401, et seq.)'' and adding 
``41 U.S.C. 1711'' in its place; and
    b. Removing from paragraph (e) ``41 U.S.C. 254(b)'' and adding ``41 
U.S.C. 3905'' in its place.

PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT


50.101-2   [Amended]

    303. Amend section 50.101-2 by removing from paragraph (c) ``the 
Contract Disputes Act of 1978'' and adding ``with 41 U.S.C. chapter 71, 
Contract Disputes'' in its place.


50.102-3   [Amended]

    304. Amend section 50.102-3 by removing from paragraph (c) ``10 
U.S.C. 2304(a)(15) or 41 U.S.C. 252(c)(14), or''.
    305. Amend section 50.103-7 by revising paragraph (b) to read as 
follows:


50.103-7   Contract requirements.

* * * * *
    (b) The authority in 50.101-1(a) shall not be used to omit from 
contracts, when otherwise required, the clauses at 52.203-5, Covenant 
Against Contingent Fees; 52.215-2, Audit and Records--Negotiation; 
52.222-4, Contract Work Hours and Safety Standards--Overtime 
Compensation; 52.222-6, Construction Wage Rate Requirements; 52.222-10, 
Compliance With Copeland Act Requirements; 52.222-20, Contracts for 
Materials, Supplies, Articles, and Equipment Exceeding $15,000; 52.222-
26, Equal Opportunity; and 52.232-23, Assignment of Claims.

PART 51--USE OF GOVERNMENT SOURCES BY CONTRACTORS

    306. Amend section 51.101 by--
    a. Revising the introductory text of paragraph (a)(3); and
    b. Removing from paragraph (a)(3)(i) ``Government,'' and adding 
``Government;'' in its place.
    The revised text reads as follows:


51.101   Policy.

    (a) * * *
    (3) A contract under 41 U.S.C. chapter 85, Committee for Purchase 
from People Who Are Blind or Severely Disabled, if--
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.203-5   [Amended]

    307. Amend section 52.203-5 by removing from the clause heading 
``(Apr 1984)'' and adding ``(Date)'' in its place; and removing from 
paragraph (a) ``, in its discretion,''.
    308. Amend section 52.203-7 by--
    a. Revising the date of the clause; and
    b. Removing from paragraph (a), in the definition ``Kickback'' the 
words ``, directly or indirectly,''.
    c. Revising the introductory text of paragraph (b); and
    d. Removing from paragraph (c)(2) ``Department of Justice'' and 
adding ``Attorney General'' in its place.
    The revised text reads as follows:


52.203-7   Anti-Kickback Procedures.

* * * * *

Anti-Kickback Procedures (Date)

* * * * *
    (b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--
* * * * *
    309. Amend section 52.203-8 by--
    a. Revising the date of the clause; and
    b. Revising the introductory text of paragraph (a) and paragraphs 
(a)(2)(i) and (a)(2)(ii) to read as follows:


52.203-8   Cancellation, Rescission, and Recovery of Funds for Illegal 
or Improper Activity.

* * * * *

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper 
Activity (Date)

    (a) If the Government receives information that a contractor or 
a person has violated 41 U.S.C. 2102-2104, Restrictions on Obtaining 
and Disclosing Certain Information the Government may--
* * * * *
    (2) * * *
    (i) The Contractor or someone acting for the Contractor has been 
convicted for an offense where the conduct violates 41 U.S.C. 2102 
for the purpose of either--
* * * * *
    (ii) The head of the contracting activity has determined, based 
upon a preponderance of the evidence, that the Contractor or someone 
acting for the Contractor has engaged in conduct punishable under 41 
U.S.C. 2105(a).
* * * * *
    310. Amend section 52.203-10 by--
    a. Revising the date of the clause;
    b. Revising paragraph (a); and
    c. Removing from paragraph (c) ``Act'' and adding ``statute'' in 
its place.
    The revised text reads as follows:


52.203-10   Price or Fee Adjustment for Illegal or Improper Activity.

* * * * *

Price or Fee Adjustment for Illegal or Improper Activity (Date)

    (a) The Government, at its election, may reduce the price of a 
fixed-price type contract and the total cost and fee under a cost-
type contract by the amount of profit or fee determined as set forth 
in paragraph (b) of this clause if the head of the contracting 
activity or designee determines that there was a violation of 41 
U.S.C. 2102 or 2103, as implemented in section 3.104 of the Federal 
Acquisition Regulation.
* * * * *
    311. Amend section 52.204-8 by--
    a. Revising the date of the provision; and
    b. Removing from paragraphs (c)(1)(xvi) and (c)(1)(xvii) ``American 
Act'' and adding ``American''; and
    c. Removing from paragraphs (c)(2)(iii) and (c)(2)(iv) ``Act'' and 
adding ``Labor Standards'' in its place.
    The revised text reads as follows:


52.204-8   Annual Representations and Certifications.

* * * * *

Annual Representations And Certifications (Date)


52.208-9   [Amended]

    312. Amend section 52.208-9 by removing from the clause heading 
``(Oct 2008)'' and adding ``(Date)'' its place; and removing from 
paragraph (a) ``the Javits-Wagner-O'Day Act (41 U.S.C. 48)'' and adding 
``41 U.S.C. 8504'' in its place.


52.209-6   [Amended]

    313. Amend section 52.209-6 by removing from the clause heading 
``(Dec 2010)'' and adding ``(Date)'' its place; and removing from 
paragraph (a)(2) ``section 3 of the Shipping Act of 1984 (46 U.S.C. 
App. 1702)'' and adding ``46 U.S.C. 40102(4)'' in its place.


52.212-3   [Amended]

    314. Amend section 52.212-3 by--
    a. Removing from the provision heading ``(Apr 2012)'' and adding 
``(Date)'' in its place;
    b. Removing from paragraph (f) introductory text the word ``Act'' 
(two times);
    c. Removing from paragraph (f)(1) ``Act--'';
    d. Removing from paragraph (g)(1) introductory text ``American 
Act'' and adding ``American'' in its place;

[[Page 57971]]

    e. Removing from paragraph (g)(1)(i), (g)(1)(ii), (g)(1)(iii), 
(g)(2) introductory text, (g)(2)(g)(1)(ii), (g)(3) introductory text, 
and (g)(3)(g)(1)(ii) ``Act--'';
    f. Removing from paragraph (g)(4)(iii) ``Act'' and adding 
``statute'' in its place;
    g. Removing from paragraph (k) introductory text and (k)(3)(i) 
``Act'' and adding ``Labor Standards'' in its place; and
    h. Removing from the introductory paragraph of Alternate I ``(Apr 
2011)'' and adding ``(Date)'' in its place; and removing from paragraph 
(12), fourth subparagraph ``U.S. Trust Territory of the Pacific Islands 
(Republic of Palau)'' and adding ``Republic of Palau'' in its place.
    315. Amend section 52.212-4 by--
    a. Removing from the clause heading ``(Feb 2012)'' and adding 
``(Date)'' in its place;
    b. Removing from paragraph (d) ``the Contract Disputes Act of 1978, 
as amended (41 U.S.C. 601-613)'' and adding ``41 U.S.C. chapter 71, 
Contract Disputes'' in its place;
    c. Removing from paragraph (i)(6)(i) ``Section 611 of the Contract 
Disputes Act of 1978 (Public Law 95-563)'' and adding ``41 U.S.C. 
7109'' in its place;
    d. Revising paragraph (r); and
    e. Amending Alternate I by--
    1. Removing from the introductory paragraph ``(Oct 2008)'' and 
adding ``(Date)'' in its place; and
    2. Removing from paragraph (i)(6)(i) ``(Section 611 of the Contract 
Disputes Act of 1978 (Public Law 95-563)'' and adding ``41 U.S.C. 
7109'' in its place.
    The revised text reads as follows:


52.212-4   Contract Terms and Conditions--Commercial Items

* * * * *
    (r) Compliance with laws unique to Government contracts. The 
Contractor agrees to comply with 31 U.S.C. 1352 relating to 
limitations on the use of appropriated funds to influence certain 
Federal contracts; 18 U.S.C. 431 relating to officials not to 
benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety 
Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4705 and 10 
U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, 
Fly American; and 41 U.S.C. chapter 21 relating to procurement 
integrity.
* * * * *
    316. Amend section 52.212-5 by--
    a. Revising the clause heading;
    b. Removing from paragraph (a)(3) ``(Pub. L. 108-77, 108-78).'' and 
adding ``(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).'' in 
its place;
    c. Removing from paragraph (b)(1) ``(41 U.S.C. 253g'' and adding 
``(41 U.S.C. 4704'' in its place;
    d. Removing from paragraph (b)(2) ``(Pub. L. 110-252, Title VI, 
Chapter 1 (41 U.S.C. 251 note)).'' and adding ``(41 U.S.C. 3509).'' in 
its place;
    e. Removing from paragraph (b)(6) ``(Dec 2010)'' and adding 
``(Date)'' in its place;
    f. Removing from paragraph (b)(14) ``(Jan 2011)'' and adding 
``(Date)'' in its place;
    g. Removing from paragraph (b)(34) ``(Jan 2009)'' and adding 
``(Date)'' in its place;
    h. Removing from paragraph (b)(39) ``(Feb 2009)'' and adding 
``(Date)'' in its place; and removing ``(41 U.S.C. 10a-10d'' and adding 
``41 U.S.C. chapter 83'' in its place;
    i. Revising paragraph (b)(40);
    j. Removing from paragraphs (b)(45) and (b)(46) ``(41 U.S.C. 
255(f)'' and adding ``(41 U.S.C. 4505'' in their places;
    k. Removing from paragraph (b)(49) ``(Feb 2010)'' and adding 
``(Date)'' in its place;
    l. Revising paragraphs (c)(1) through (c)(7);
    m. Removing from paragraph (e)(1)(i) ``(Pub. L. 110-252, Title VI, 
Chapter 1 (41 U.S.C.251 note))'' and adding ``(41 U.S.C. 3509)'' in its 
place;
    n. Removing from paragraph (e)(1)(ii) ``(Dec 2010)'' and adding 
``(Date)'' in its place;
    o. Removing from paragraph (e)(1)(viii) ``Act of 1965 (Nov 2007) 
(41 U.S.C. 351, et seq.)'' and adding ``Labor Standards (Date) (41 
U.S.C. chapter 67)'' in its place;
    p. Revising paragraphs (e)(1)(x) and (e)(1)(xi);
    q. Removing from paragraph (e)(1)(xii) ``(Jan 2009)'' and adding 
``(Date) (Executive Order 12989)'' in its place;
    r. Removing from paragraph (e)(1)(xiii) ``(Mar 2009) (Pub. L. 110-
247)'' and adding ``(Date) (42 U.S.C. 1792)'' in its place; and
    s. Amending Alternate II by--
    1. Revising the date;
    2. Removing from paragraph (e)(1)(ii)(A) ``(Pub. L. 110-252, Title 
VI, Chapter 1 (41 U.S.C. 251 note)'' and adding ``(41 U.S.C. 3509)'' in 
its place;
    3. Removing from paragraph (e)(1)(ii)(C) ``(Dec 2010)'' and adding 
``(Date)'' in its place;
    4. Revising paragraph (e)(1)(ii)(H); and
    5. Revising paragraphs (e)(1)(ii)(J) through (e)(1)(ii)(M).
    The revised text reads as follows:


52.212-5   Contract Terms and Conditions Required To Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *

Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders--Commercial Items (Date)

* * * * *
    (b) * * *
* * * * *
    ---- (40)(i) 52.225-3, Buy American Free Trade Agreements--
Israeli Trade Act (Date) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 
19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 
108-286, 108-302, 109-53, 109-169, 109-283, and 110-138.
* * * * *
    (c) * * *
    ---- (1) 52.222-41, Service Contract Labor Standards (Date) (41 
U.S.C. chapter 67).
    ----(2) 52.222-42, Statement of Equivalent Rates for Federal 
Hires (Date) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
    ----(3) 52.222-43, Fair labor Standards Act and Service Contract 
Labor Standards--Price Adjustment (Multiple Year and Option 
Contracts) (Date) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
    ----(4) 52.222-44, Fair Labor Standards Act and Service Contract 
Labor Standards--Price Adjustment (Date) (29 U.S.C. 206 and 41 
U.S.C. chapter 67).
    ----(5) 52.222-51, Exemption from Application of the Service 
Contract Labor Standards to Contracts for maintenance, Calibration, 
or Repair of Certain Equipment--Requirements (Date) (41 U.S.C. 
chapter 67).
    ----(6) 52.222-53, Exemption from Application of the Service 
Contract Labor Standards to Contracts for Certain Services--
Requirements (Date) (41 U.S.C. chapter 67).
    ----(7) 52.226-6, Promoting Excess Food Donation to Nonprofit 
Organizations (Date) (42 U.S.C. 1792).
* * * * *
    (e)(1) * * *
    (i) * * *
* * * * *
    (x) 52.222-51, Exemption from Application of the Service 
Contract Labor Standards to Contracts for Maintenance, Calibration, 
or Repair of Certain Equipment--Requirements (Date) (41 U.S.C. 
chapter 67).
    (xi) 52.222-53, Exemption from Application of the Service 
Contract Labor Standards to Contracts for Certain Services--
Requirements (Date) (41 U.S.C. chapter 67).
* * * * *
    Alternate II (Date) * * *
* * * * *
    (e)(1) * * *
    (ii) * * *
    (H) 52.222-41, Service Contract Labor Standards (Date) (41 
U.S.C. chapter 67).
* * * * *
    (J) 52.222-51, Exemption from Application of the Service 
Contract Labor Standards to Contracts for Maintenance, Calibration, 
or Repair of Certain Equipment--Requirements (Date) (41 U.S.C. 
chapter 67).
    (K) 52.222-53, Exemption from Application of the Service 
Contract Labor Standards to Contracts for Certain Services--
Requirements (Date) (41 U.S.C. chapter 67).
    (L) 52.222-54, Employment Eligibility Verification (Date) 
(Executive Order 12989).
    (M) 52.226-6, Promoting Excess Food Donation to Nonprofit 
Organizations. (Date) (42 U.S.C. 1792). Flow down required in 
accordance with paragraph (e) of FAR clause 52.226-6.
* * * * *
    317. Amend section 52.213-4 by--

[[Page 57972]]

    a. Removing from the clause heading ``(Mar 2012)'' and adding 
``(Date)'' in its place;
    b. Removing from paragraph (a)(1)(vii) ``(Pub. L. 108-77, 108-78)'' 
and adding ``(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note))'' in 
its place;
    c. Removing from paragraph (a)(2)(vi) ``(Jul 2002)'' and adding 
``(Date)'' in its place;
    d. Removing from paragraph (a)(2)(vii) ``(Jan 2011)'' and adding 
``(Date)'' in its place;
    e. Removing from paragraph (b)(1)(ii) ``Walsh-Healey Public 
Contracts Act (Oct 2010) (41 U.S.C. 35-45)'' and adding ``Contracts for 
Materials, Supplies, Articles, and Equipment Exceeding $15,000 (Date) 
(41 U.S.C. chapter 65)'' in its place;
    f. Revising paragraph (b)(1)(vi);
    g. Removing from paragraph (b)(1)(ix) ``Act--Supplies (Feb 2009) 
(41 U.S.C. 10a-10d)'' and adding ``Supplies (Date) (41 U.S.C. chapter 
83)'' in its place;
    h. Redesignating paragraphs (b)(1)(x) through (b)(1)(xii) as 
paragraph (b)(1)(xi) through (b)(1)(xiii) respectively;
    i. Adding a new paragraph (b)(1)(x);
    j. Removing from paragraph (b)(2)(i) ``(Dec 2010)'' and adding 
``(Date)'' in its place;
    k. Removing paragraph (b)(2)(iii); and
    l. Redesignating paragraphs (b)(2)(iv) and (b)(2)(v) as paragraphs 
(b)(2)(iii) and (b)(2)(iv), respectively.
    The revised text reads as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Items).

* * * * *
    (b) * * *
    (1) * * *
    (vi) 52.222-41, Service Contract Labor Standards (Date) (41 
U.S.C. chapter 67) (Applies to service contracts over $2,500 that 
are subject to the Service Contract Labor Standards statute and will 
be performed in the United States, District of Columbia, Puerto 
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. 
Virgin Islands, Johnston Island, Wake Island, or the outer 
Continental Shelf.)
* * * * *
    (x) 52.226-6, Promoting Excess Food Donation to Nonprofit 
Organizations (DATE) (42 U.S.C. 1792) (Applies to contracts greater 
than $25,000 that provide for the provision, the service, or the 
sale of food in the United States.)

    318. Amend section 52.219-1 by revising the introductory paragraph 
of Alternate I and paragraph (b)(9) of the checklist ``Asian-Pacific 
American'' to read as follows:


52.219-1  Small Business Program Representations.

* * * * *
    Alternate I (DATE). As prescribed in 19.308(a)(2), add the 
following paragraph (b)(9) to the basic provision:
    (9) * * *
* * * * *
    ----Asian-Pacific American (persons with origins from Burma, 
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, 
Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, 
Republic of Palau, Republic of the Marshall Islands, Federated 
States of Micronesia, the Commonwealth of the Northern Mariana 
Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, 
Tuvalu, or Nauru).
* * * * *
    319. Amend section 52.219-8 by revising the date of the clause; and 
removing from paragraph (a) ``contracts let'' and adding ``contracts 
awarded'' in its place.
    The revised text reads as follows:


52.219-8  Utilization of Small Business Concerns.

* * * * *

Utilization of Small Business Concerns (Date)

* * * * *
    320. Amend section 52.222-4 by--
    a. Revising the section heading;
    b. Revising the clause heading;
    c. Removing from paragraph (b) ``Standards Act'' and adding 
``Standards statute (found at 40 U.S.C. chapter 37)'' in its place;
    d. Removing from paragraph (c) ``Act''; and
    e. Removing from paragraph (d)(1) ``Davis-Beacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place.
    The revised text reads as follows:


52.222-4  Contract Work Hours and Safety Standards--Overtime 
Compensation.

* * * * *

Contract Work Hours and Safety Standards--Overtime Compensation (Date)

* * * * *
    321. Amend section 52.222-5 by--
    a. Revising the section heading;
    b. Revising the provision heading; and
    c. Removing from paragraph (a)(1) ``Davis-Beacon Act'' and adding 
``Construction Wage Rate Requirements'' in its place.
    The revised text reads as follows:


52.222-5  Construction Wage Rate Requirements--Secondary Site of the 
Work.

* * * * *

Construction Wage Rate Requirements--Secondary Site of Work (Date)

* * * * *
    322. Amend section 52.222-6 by--
    a. Revising the section heading;
    b. Revising the clause heading;
    c. Removing from paragraph (b)(2) ``Davis-Beacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place;
    d. Removing from paragraph (b)(4) ``Davis-Beacon'' and adding 
``Construction Ware Requirements'' in its place; and
    e. Removing from paragraph (e) ``Davis-Beacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place.
    The revised text reads as follows:


52.222-6  Construction Wage Rate Requirements.

* * * * *

Construction Wage Rate Requirements (Date)

* * * * *
    323. Amend section 52.222-7 by revising the date of the clause; and 
removing from the clause ``Davis-Beacon''. The revised text reads as 
follows:


52.222-7  Withholding of Funds.

* * * * *

Withholding of Funds (Date)

* * * * *
    324. Amend section 52.222-8 by revising the date of the clause and 
paragraph (a) to read as follows:


52.222-8  Payrolls and Basic Records.

* * * * *

Payrolls and Basic Records (Date)

    (a) Payrolls and basic records relating thereto shall be 
maintained by the Contractor during the course of the work and 
preserved for a period of 3 years thereafter for all laborers and 
mechanics working at the site of the work. Such records shall 
contain the name, address, and social security number of each such 
worker, his or her correct classification, hourly rates of wages 
paid (including rates of contributions or costs anticipated for bona 
fide fringe benefits or cash equivalents thereof of the types 
described in 40 U.S.C. 3141 (2)(B) (Construction Wage Rate 
Requirement statute)), daily and weekly number of hours worked, 
deductions made, and actual wages paid. Whenever the Secretary of 
Labor has found, under paragraph (d) of the clause entitled 
Construction Wage Rate Requirements, that the wages of any laborer 
or mechanic include the amount of any costs reasonably anticipated 
in providing benefits under a plan or program described in 40 U.S.C. 
3141(2)(B), the Contractor shall maintain records which show that 
the commitment to provide such benefits is enforceable, that the 
plan or program is financially responsible, and that the plan or 
program has been communicated in writing to the laborers or 
mechanics affected, and records which show the costs anticipated or 
the actual cost incurred in providing such benefits. Contractors 
employing apprentices or trainees under approved programs shall 
maintain written evidence of the registration of apprenticeship 
programs and certification of trainee programs, the registration of 
the

[[Page 57973]]

apprentices and trainees, and the ratios and wage rates prescribed 
in the applicable programs.
* * * * *
    325. Amend section 52.222-11 by--
    a. Revising the date of the clause;
    b. Removing from paragraphs (a)(4) and (a)(5) ``Davis-Bacon Act'' 
and adding ``Construction Wage Rate Requirements'' in its place; and
    c. Revising paragraphs (b)(1) and (b)(10) to read as follows:


52.222-11  Subcontracts (Labor Standards).

* * * * *

Subcontracts (Labor Standards) (Date)

* * * * *
    (b) * * *
    (1) Construction Wage Rate Requirements;
* * * * *
    (10) Compliance with Construction Wage Rate Requirements and 
Realated Regulations; and
* * * * *
    326. Amend section 52.222-12 by revising the section and clause 
headings, and the clause to read as follows:


52.222-12  Contract Termination--Debarment.

* * * * *

Contract Termination--Debarment (Date)

    A breach of the contract clauses entitled Construction Wage Rate 
Requirements, Contract Work Hours and Safety Standards--Overtime 
Compensation, Apprentices and Trainees, Payrolls and Basic Records, 
Compliance with Copeland Act Requirements, Subcontracts (Labor 
Standards), Compliance with Construction Wage Rate Requirements and 
Related Regulations, or Certification of Eligibility may be grounds 
for termination of the contract, and for debarment as a Contractor 
and subcontractor as provided in 29 CFR 5.12.

    (End of Clause)
    327. Amend section 52.222-13 by--
    a. Revising the heading of the clause; and
    b. Removing from the introductory paragraph ``Davis Bacon and 
Related Acts'' and adding ``Construction Wage Rate Requirements and 
related statues'' in its place.
    The revised text reads as follows:


52.222-13  Compliance with Construction Wage Rate Requirements and 
Related Act Regulations.

* * * * *

Compliance With Construction Wage Rate Requirements and Related Act 
Regulations (Date)

* * * * *
    328. Amend section 52.222-15 by revising the section and clause 
headings, and paragraphs (a) and (b) to read as follows:


52.222-15  Certification of Eligibility.

* * * * *

Certification of Eligibility (Date)

    (a) By entering into this contract, the Contractor certifies 
that neither it nor any person or firm who has an interest in the 
Contractor's firm is a person or firm ineligible to be awarded 
Government contracts by virtue of 40 U.S.C. 3144(b)(2) or 29 CFR 
5.12(a)(1).
    (b) No part of this contract shall be subcontracted to any 
person or firm ineligible for award of a Government contract by 
virtue of 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1).
* * * * *


52.222-16  [Amended]

    329. Amend section 52.222-16 by--
    a. Removing from the clause heading ``(Feb 1988)'' and adding 
``(Date)'' in its place; and
    b. Removing from the introductory paragraph ``Davis-Bacon Act'' and 
adding ``Construction Wage Rate Requirements'' in its place.
    330. Revise section 52.222-20 to read as follows:


52.222-20   Contracts for Materials, Supplies, Articles, and Equipment 
Exceeding $15,000.

    As prescribed in 22.610, insert the following clause in 
solicitations and contracts:

Contracts for Materials, Supplies, Articles, and Equipment Exceeding 
$15,000 (Date)

    If this contract is for the manufacture or furnishing of 
materials, supplies, articles or equipment in an amount that exceeds 
or may exceed $15,000, and is subject to 41 U.S.C. chapter 65, the 
following terms and conditions apply:
    (a) All stipulations required by 41 U.S.C. chapter 65 and 
regulations issued by the Secretary of Labor (41 CFR Chapter 50) are 
incorporated by reference. These stipulations are subject to all 
applicable rulings and interpretations of the Secretary of Labor 
that are now, or may hereafter, be in effect.
    (b) All employees whose work relates to this contract shall be 
paid not less than the minimum wage prescribed by regulations issued 
by the Secretary of Labor (41 CFR 50-202.2). Learners, student 
learners, apprentices, and workers with disabilities may be employed 
at less than the prescribed minimum wage (see 41 CFR 50-202.3) to 
the same extent that such employment is permitted under Section 14 
of the Fair Labor Standards Act (41 U.S.C. 6508).

    331. Amend section 52.222-30 by--
    a. Revising the section and clause headings; and
    b. Removing from paragraphs (a) and (b)(3) the words ``Davis-Bacon 
Act'' and adding ``Construction Wage Rate Requirements statute'' in its 
place.
    The revised text reads as follows:


52.222-30  Construction Wage Rate Requirements--Price Adjustment.

* * * * *

Construction Wage Rate Requirements--Price Adjustment (None Or 
Separately Specified Method) (Date)

* * * * *
    332. Amend section 52.222-31 by--
    a. Revising the section and clause headings; and
    b. Removing from paragraphs (a), (b) introductory text, (b)(1), 
(b)(2), and (c)(3) the words ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in their places.
    The revised text reads as follows:


52.222-31  Construction Wage Rate Requirements--Price Adjustment.

* * * * *

Construction Wage Rate Requirements--Price Adjustment (Percentage 
Method) (Date)

* * * * *
    333. Amend section 52.222-32 by--
    a. Revising the section and clause headings; and
    b. Removing from paragraphs (c)(1) and (c)(2) the words ``Davis-
Bacon Act'' and adding ``Construction Wage Rate Requirements'' in its 
place.
    The revised text reads as follows:


52.222-32  Construction Wage Rate Requirements--Price Adjustment 
(Actual Method).

* * * * *

Construction Wage Rate Requirements--Price Adjustment (Actual Method) 
(Date)

* * * * *
    334. Amend section 52.222-41 by--
    a. Revising the section and clause headings;
    b. Removing the definition ``Act'';
    c. Removing from paragraph (b) ``the Act'' and ``41 U.S.C. 356'' 
and adding ``41 U.S.C. chapter 67, Service Contract Labor Standards'' 
and ``41 U.S.C. 6702'' in its place, respectively;
    d. Removing from paragraphs (c)(2)(v) and (f) the words ``the Act'' 
and adding ``the Service Contract Labor Standards statute'' in their 
places;
    e. Removing from paragraph (g) the words ``section 2(a)(4) of the 
Act'' and adding ``41 U.S.C. 6703'' in its place;
    f. Removing from paragraphs (i)(1) introductory text and (i)(1)(i) 
``the Act'' and adding ``the Service Contract Labor Standards statute'' 
in its place;
    g. Removing from paragraph (j) ``the Act'' and ``this Act'' and 
adding ``Service Contract Labor Standards statute'' and ``this 
statute'' in its place, respectively;
    h. Removing from paragraphs (k), (l), and (o) ``the Act'' and 
adding ``the Service Contract Labor Standards statute'' in their 
places;

[[Page 57974]]

    i. Revising paragraph (p)(1);
    j. Removing from paragraph (p)(2) ``section 5 of the Act'' and 
adding ``41 U.S.C. 6706'' in its place;
    k. Removing from paragraph (q) ``Act'' and adding ``41 U.S.C. 
6707'' in its place;
    l. Revising paragraphs (q)(1) and (q)(2);
    m. Removing from the introductory text of paragraph (s) ``section 
2(a)(1) or section 2(b)(1) of the Act'' and adding ``41 U.S.C. 
6703(1)'' in its place;
    n. Removing from paragraph (s)(3) ``Contract Act'' and adding 
``Contract Labor Standards'' in its place; and
    o. Removing from paragraph (s)(4) ``section 4(c) of the Act'' and 
adding ``41 U.S.C. 6707(c)'' in its place.
    The revised text reads as follows:


52.222-41  Service Contract Labor Standards.

* * * * *

Service Contract Labor Standards (Date)

* * * * *
    (p) * * *
    (1) By entering into this contract, the Contractor (and 
officials thereof) certifies that neither it nor any person or firm 
who has a substantial interest in the Contractor's firm is a person 
or firm ineligible to be awarded Government contracts by virtue of 
the sanctions imposed under 41 U.S.C. 6706.
* * * * *
    (q) * * *
    (1) Apprentices, student-learners, and workers whose earning 
capacity is impaired by age, physical or mental deficiency, or 
injury may be employed at wages lower than the minimum wages 
otherwise required by 41 U.S.C. 6703(1) without diminishing any 
fringe benefits or cash payments in lieu thereof required under 41 
U.S.C. 6703(2), in accordance with the conditions and procedures 
prescribed for the employment of apprentices, student-learners, 
persons with disabilities, and disabled clients of work centers 
under section 14 of the Fair Labor Standards Act of 1938, in the 
regulations issued by the Administrator (29 CFR parts 520, 521, 524, 
and 525).
    (2) The Administrator will issue certificates under the statute 
for the employment of apprentices, student-learners, persons with 
disabilities, or disabled clients of work centers not subject to the 
Fair Labor Standards Act of 1938, or subject to different minimum 
rates of pay under the two acts, authorizing appropriate rates of 
minimum wages (but without changing requirements concerning fringe 
benefits or supplementary cash payments in lieu thereof), applying 
procedures prescribed by the applicable regulations issued under the 
Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 
525).
* * * * *
    335. Amend section 52.222-42 by revising the date of the clause and 
the introductory paragraph of the clause to read as follows:


52.222-42  Statement of Equivalent Rates for Federal Hires.

* * * * *

Statement of Equivalent Rates for Federal Hires (Date)

    In compliance with the Service Contract Labor Standards statute 
and the regulations of the Secretary of Labor (29 CFR Part 4), this 
clause identifies the classes of service employees expected to be 
employed under the contract and states the wages and fringe benefits 
payable to each if they were employed by the contracting agency 
subject to the provisions of 5 U.S.C. 5341 or 5332.
* * * * *
    336. Amend section 52.222-43 by--
    a. Revising the section and clause headings; and
    b. Removing from paragraph (c) ``Act of 1965, as amended'' 41 
U.S.C. 351, et seq.)'' and adding ``Labor Standards statute (41 U.S.C. 
chapter 67)'' in its place.
    The revised text reads as follows:


52.222-43  Fair Labor Standards Act and Service Contract Labor 
Standards--Price Adjustment (Multiple Year and Option Contracts).

* * * * *

Fair Labor Standards Act and Service Contract Labor Standards--Price 
Adjustment (Multiple Year and Option Contracts) (Date)

* * * * *
    337. Amend section 52.222-44 by revising the section heading and 
clause headings to read as follows:


52.222-44  Fair Labor Standards Act and Service Contract Labor 
Standards--Price Adjustment.

* * * * *

Fair Labor Standards Act and Service Contract Labor Standards--Price 
Adjustment (Date)

* * * * *
    338. Amend section 52.222-48 by--
    a. Revising the section and clause headings;
    b. Removing from the introductory text of paragraph (b) ``Contract 
Act'' and adding ``Contract Labor Standards statute'' in its place;
    c. Removing from paragraph (b)(1) the words ``Act of 1965'' and 
adding ``Labor Standards'' in its place; and
    d. Removing from paragraphs (b)(2), (c)(1), and (c)(2) the words 
``Contract Act'' and adding ``Contract Labor Standards'' in its place.
    The revised text reads as follows:


52.222-48  Exemption from Application of the Service Contract Labor 
Standards to Contracts for Maintenance, Calibration, or Repair of 
Certain Equipment Certification.

* * * * *

Exemption From Application of the Service Contract Labor Standards to 
Contracts for Maintenance, Calibration, or Repair of Certain Equipment 
Certification (Date)

* * * * *
    339. Amend section 52.222-49 by--
    a. Revising the section and clause heading; and
    b. Removing from paragraph (a) the words ``Contract Act'' and 
adding ``Contract Labor Standards statute'' in its place.
    The revised text reads as follows:


52.222-49  Service Contract Labor Standards--Place of Performance 
Unknown.

* * * * *

Service Contract Labor Standards--Place of Performance Unknown (Date)

* * * * *
    340. Amend section 52.222-51 by--
    a. Revising the section and clause headings;
    b. Removing from paragraph (e) the words ``Contract Act'' and 
adding ``Contract Labor Standards statute'' in its place.
    The revised text reads as follows:


52.222-51  Exemption from Application of the Service Contract Labor 
Standards to Contracts for Maintenance, Calibration, or Repair of 
Certain Equipment--Requirements.

* * * * *

Exemption From Application of the Service Contract Labor Standards to 
Contracts for Maintenance, Calibration, or Repair of Certain 
Equipment--Requirements (Date)

* * * * *
    341. Amend section 52.222-52 by--
    a. Revising the section and clause headings;
    b. Removing from the introductory text of paragraph (b) ``Act'' and 
adding ``Labor Standards statute'' in its place;
    c. Removing from paragraph (b)(1) ``Act of 1965'' and adding 
``Labor Standards'' in its place;
    d. Removing from paragraph (b)(2) ``Act'' and adding ``Labor 
Standards'' in its place; and
    e. Removing from paragraphs (c)(1) and (c)(2) ``Act'' and adding 
``Labor Standards'' in its place.
    The revised text reads as follows:


52.222-52  Exemption from Application of the Service Contract Labor 
Standards to Contracts for Certain Services--Certification.

* * * * *

Exemption From Application of the Service Contract Labor Standards to 
Contracts for Certain Services--Certification

    (Date)
* * * * *
    342. Amend section 52.222-53 by--

[[Page 57975]]

    a. Revising the section and clause headings;
    b. Removing from paragraphs (f) and (g) ``Act'' and adding ``Labor 
Standards statute'' in their places.
    The revised text reads as follows:


52.222-53  Exemption from Application of the Service Contract Labor 
Standards to Contracts for Certain Services--Requirements.

* * * * *

Exemption From Application of the Service Contract Labor Standards to 
Contracts for Certain Services--Requirements (Date)

* * * * *


52.222-54  [Amended]

    343. Amend section 52.222-54 by--
    a. Removing from the clause heading ``(Jan 2009)'' and adding 
``(Date)'' in its place; and
    b. Removing from paragraph (a)(2) ``section 3 of the Shipping Act 
of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 40102(4)'' in 
its place.
    344. Amend section 52.225-1 by--
    a. Revising the section and clause headings;
    b. Removing from paragraph (a) in the definition ``Commercially 
available of the shelf (COTS) item'', paragraph (2) ``section 3 of the 
Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 
40102(4)'' in its place;
    c. Revising paragraph (b); and
    d. Removing from paragraph (d) the word ``Act''.
    The revised text read as follows:


52.225-1  Buy American Supplies.

* * * * *

Buy American Supplies (Date)

* * * * *
    (b) 41 U.S.C. chapter 83, Buy American, provides a preference 
for domestic end products for supplies acquired for use in the 
United States. In accordance with 41 U.S.C. 1907, the component test 
of the Buy American statute is waived for an end product that is a 
COTS item (See 12.505(a)(1))
* * * * *
    345. Amend section 52.225-2 by--
    a. Revising the section and clause headings; and
    b. Removing from paragraph (a) ``Act''.
    The revised text reads as follows:


52.225-2  Buy American Certificate.

* * * * *

Buy American Certificate (Date)

* * * * *
    346. Amend section 52.225-3 by--
    a. Revising the section and clause headings;
    b. Removing from paragraph (a) in the definition ``Commercially 
available off-the-shelf (COTS) item'' the words ``section 3 of the 
Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 
40102(4)'' in its place;
    c. Revising paragraph (c); and
    d. Amend Alternate I by--
    1. Removing from the introductory paragraph ``(Mar 2012)'' and 
adding ``(Date)'' in its place;
    2. Removing from paragraph (c) ``Act--''
    e. Amend Alternate II by--
    1. Removing from the introductory paragraph ``(Mar 2012)'' and 
adding ``(Date)'' in its place; and
    2. Removing from paragraph (c) ``Act--''.
    The revised text read as follows:


52.225-3  Buy American--Free Trade Agreements--Israeli Trade Act.

* * * * *

Buy American--Free Trade Agreements--Israeli Trade Act (Date)

* * * * *
    (c) Delivery of end products. 41 U.S.C. chapter 83, Buy 
American, provides a preference for domestic end products for 
supplies acquired for use in the United States. In accordance with 
41 U.S.C. 1907, the component test of the Buy American statute is 
waived for an end product that is a COTS item (See 12.505(a)(1)). In 
addition the Contracting Officer has determined that FTAs (except 
the Bahrain, Morocco, Oman, and Peru FTAs) and the Israeli Trade Act 
apply to this acquisition. Unless otherwise specified, these trade 
agreements apply to all items in the Schedule. The Contractor shall 
deliver under this contract only domestic end products except to the 
extent that, in its offer, it specified delivery of foreign end 
products in the provision entitled ``Buy American--Free Trade 
Agreements--Israeli Trade Act Certificate.'' If the Contractor 
specified in its offer that the Contractor would supply a Free Trade 
Agreement country end product (other than a Bahrainian, Moroccan, 
Omani, or Peruvian end product) or an Israeli end product, then the 
Contractor shall supply a Free Trade Agreement country end product 
(other than a Bahrainian, Moroccan, Omani, or Peruvian end product), 
an Israeli end product or, at the Contractor's option, a domestic 
end product.
* * * * *
    347. Amend section 52.225-4 by--
    a. Revising the section and clause headings;
    b. Removing from paragraphs (a), (b) and (c) ``American Act--'' and 
adding ``American'' in their places; and
    c. Amend Alternate I by--
    1. Removing from the introductory paragraph ``(Jan 2004)'' and 
adding ``(Date)'' in its place;
    2. Removing from paragraph (b) ``American Act--'' and adding 
``American'' in its place;
    d. Amending Alternate II by--
    1. Removing from the introductory paragraph ``(Jan 2004)'' and 
adding ``(Date)'' in its place; and
    2. Removing from paragraph (b) ``American Act--'' and adding 
``American'' in its place.
    The revised text reads as follows:


52.225-4  Buy American Free Trade Agreements--Israeli Trade Act 
Certificate.

* * * * *

Buy American Free Trade Agreements--Israeli Trade Act Certificate 
(Date)

* * * * *


52.225-6  [Amended]

    348. Amend section 52.225-6 by--
    a. Removing from the provision heading ``(Jan 2005)'' and adding 
``(Date)'' in its place; and
    b. Removing from paragraph (c) ``Act'' and adding ``statute'' in 
its place.
    349. Amend section 52.225-7 by--
    a. Revising the section and provision headings; and
    b. Removing from paragraph (b) ``Act'' and adding ``statute'' in 
its place.
    The revised text reads as follows:


52.225-7  Waiver of Buy American Statute for Civil Aircraft and Related 
Articles.

* * * * *

Waiver of Buy American Statute for Civil Aircraft and Related Articles 
(Date)

* * * * *
    350. Amend section 52.225-9 by--
    a. Revising the section and clause headings;
    b. Removing from paragraph (a) in the definition ``Commercially 
available off-the-shelf (COTS) item'', in paragraph (2) ``section 3 of 
the Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 
40102(4)'' in its place;
    c. Revising the introductory text of paragraph (b)(1);
    d. Removing from paragraphs (b)(3)(i), (b)(3)(ii), (c), (c)(2), and 
(c)(3) ``Act'' and adding ``statute'' in their places;
    The revised text read as follows:


52.225-9  Buy American--Construction Materials.

* * * * *

Buy American--Construction Materials (Date)

* * * * *
    (b) * * *
    (1) This clause implements 41 U.S.C. chapter 83, Buy American, 
by providing a preference for domestic construction material. In 
accordance with 41 U.S.C. 1907, the component test of the Buy 
American statute is waived for construction material that is a COTS 
item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic 
construction material in performing this contract, except as 
provided in paragraphs (b)(2) and (b)(3) of this clause.
* * * * *

[[Page 57976]]

    351. Amend section 52.225-10 by--
    a. Revising the section and provision headings;
    b. Removing from paragraph (a) ``Act--'';
    c. Removing from paragraph (b) ``Act'' and adding ``statute'' in 
its place (two times);
    d. Removing from the introductory text of paragraph (c) and 
paragraph (c)(1) ``Act'' and adding ``statute'' in their places;
    e. Amend Alternate I by--
    1. Removing from the introductory paragraph ``(May 2002)'' and 
adding ``(Date)'' in its place; and
    2. Removing from paragraph (b) ``Act'' and adding ``statute'' in 
its place;
    The revised text reads as follows:


52.225-10  Notice of Buy American Requirement--Construction Materials.

* * * * *

Notice of Buy American Requirement--Construction Materials (Date)

* * * * *
    352. Amend section 52.225-11 by--
    a. Revising the section and clause headings;
    b. Removing from paragraph (a) in the definition ``Commercially 
available off-the-shelf (COTS) item'', in paragraph (2) ``section 3 of 
the Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 
40102(4)'' in its place;
    c. Revising paragraph (b)(1);
    d. Removing from paragraphs (b)(4)((i) and (b)(4)(ii) ``Act'' and 
adding ``statute'' in its place;
    e. Removing from paragraph (c) ``Act'' and adding ``statute'' in 
its place;
    f. Removing from paragraph (c)(2) ``Act'' and adding ``statute'' in 
its place;
    g. Removing from paragraph (c)(3) ``Act'' and adding ``statute'' in 
its place (two times);
    h. Amend Alternate I by--
    1. Removing from the introductory paragraph ``(Jun 2009)'' and 
adding ``(Date)'' in its place; and
    2. Revising paragraph (b)(1).
    The revised text read as follows:


52.225-11  Buy American--Construction Materials Under Trade Agreements.

* * * * *

Buy American--Construction Materials Under Trade Agreements (Date)

* * * * *
    (b) * * *
    (1) This clause implements 41 U.S.C. chapter 83, Buy American by 
providing a preference for domestic construction material. In 
accordance with 41 U.S.C. 1907, the component test of the Buy 
American statute is waived for construction material that is a COTS 
item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer 
has determined that the WTO GPA and Free Trade Agreements (FTAs) 
apply to this acquisition. Therefore, the Buy American restrictions 
are waived for designated country construction materials.
* * * * *
    Alternate I * * *
* * * * *
    (b) * * *
    (1) This clause implements 41 U.S.C. chapter 83, Buy American, 
by providing a preference for domestic construction material. In 
accordance with 41 U.S.C. 1907, the component test of the Buy 
American statute is waived for construction material that is a COTS 
item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer 
has determined that the WTO GPA and all the Free Trade Agreements 
except the Bahrain FTA, NAFTA, and the Oman FTA apply to this 
acquisition. Therefore, the Buy American restrictions are waived for 
designated country construction materials other than Bahrainian, 
Mexican, or Omani construction materials.
* * * * *
    353. Amend section 52.225-12 by--
    a. Revising the section and clause headings;
    b. Removing from paragraph (a) ``Act'';
    c. Removing from paragraph (b) ``Buy American Act'' and adding 
``Buy American statute'' in its place (two times);
    d. Removing from paragraphs (c)(1) the words ``Buy American Act'' 
and adding ``Buy American statute'' in its place; and
    e. Amend Alternate I by--
    1. Revising the date of Alernate I; and
    2. Removing from paragraph (b) ``Buy American Act'' and adding 
``Buy American statute'' in its place.
    The revised text reads as follows:


52.225-12  Notice of Buy American Requirement--Construction Materials 
Under Trade Agreements.

* * * * *

Notice of Buy American Requirement--Construction Materials Under Trade 
Agreements (Date)

* * * * *
    Alternate I (Date). * * *
* * * * *
    354. Amend section 52.225-21 by--
    a. Revising the section and clause headings;
    b. Removing from paragraph (a) in the definition ``Domestic 
construction material'' in paragraph (a)(1) ``Act'' and adding 
``statute'' in its place;
    c. Removing from paragraph (b)(1)(ii) ``The Buy American Act (41 
U.S.C. 10a-10(d)'' and adding ``41 U.S.C. chapter 83, Buy American,'' 
in its place;
    d. Removing from paragraph (b)(4)(iii) ``Act'' and adding 
``statute'' in its place;
    e. Removing from paragraphs (c) and (c)(2) ``Act'' and adding 
``statute'' in its place; and
    f. Removing from paragraph (c)(3) ``Act'' and adding ``statute'' in 
its place (two times).
    The revised text reads as follows:


52.225-21  Required Use of American Iron, Steel, and Manufactured 
Goods--Buy American Statute--Construction Materials.

* * * * *

Required Use of American Iron, Steel, and Manufactured Goods--Buy 
American Statute--Construction Materials (Date)

* * * * *
    355. Amend section 52.225-22 by--
    a. Revising the section and clause headings;
    b. Removing from paragraph (a) ``Buy American Act'' and adding 
``Buy American Statute'' in its place;
    c. Removing from paragraph (b) ``American Act'' and adding 
``American Statute'' in its place (two times), and removing 
``inapplicability of 1605'' and adding inapplicability of section 
1605'' in its place;
    d. Removing from paragraph (c)(1) ``Buy American Act'' and adding 
``Buy American statute'' in its place;
    e. Amend Alternate I by--
    1. Removing from the introductory text ``(Mar 2009)'' and adding 
``(Date)'' in its place; and
    f. Removing from paragraph (b) ``Buy American Act'' and adding 
``Buy American statute'' in its place.
    The revised text reads as follows:


52.225-22  Notice Required Use of American Iron, Steel, and 
Manufactured Goods--Buy American Statute--Construction Materials.

* * * * *

Notice of Required Use of American Iron, Steel, and Manufactured 
Goods--Buy American Statute--Construction Materials (Date)

* * * * *
    356. Amend section 52.225-23 by--
    a. Revising the section and clause headings;
    b. Removing from paragraph (a) in paragraph (1) of the definition 
``Domestic construction material'', the words ``Buy American Act'' and 
adding ``Buy American statute'' in its place;
    c. Removing from paragraphs (b)(1), (b)(1)(ii), (b)(4)(iii), (c) 
introductory text, (c)(2), and (c)(3) ``Buy American Act'' and adding 
``Buy American statute'' in their places;
    d. Amend Alternate I by--
    1. Removing from the introductory text ``(Oct 2010)'' and adding 
``(Date)'' in its place; and
    e. Removing from paragraphs (b)(1) and (b)(1)(ii) the words ``Buy 
American Act'' and adding ``Buy American statute'' in its place.
    The revised text reads as follows:

[[Page 57977]]

52.225-23  Required Use of American Iron, Steel, and Manufactured 
Goods--Buy American Statute--Construction Materials under Trade 
Agreements.

* * * * *

Required Use of American Iron, Steel, and Manufactured Goods--Buy 
American Statute--Construction Materials Under Trade Agreements (Date)

* * * * *
    357. Amend section 52.225-24 by--
    a. Revising the section and provision headings;
    b. Removing from paragraphs (a) ``American Act'' and adding 
``American statute'' in its place;
    c. Removing from paragraphs (b) ``American Act'' and adding 
``American statute'' in its place (two times);
    d. Removing from paragraphs (c)(1) ``American Act'' and adding 
``American statute'' in its place;
    e. Amend Alternate I by--
    1. Removing from the introductory text ``(MAR 2009)'' and adding 
``(DATE)'' in its place; and
    2. Removing from paragraph (b) ``American Act'' and adding 
``American statute'' in its place.
    The revised text reads as follows:


52.225-24  Notice of Required Use of American Iron, Steel, and 
Manufactured Goods--Buy American Statute--Construction Materials Under 
Trade Agreements.

* * * * *

Notice of Required Use of American Iron, Steel, and Manufactured 
Goods--Buy American Statute Construction Materials Under Trade 
Agreements (Date)

* * * * *
    358. Amend section 52.226-6 by--
    a. Revising the date of the clause; and
    b. Removing from paragraph (b) ``(Pub. L. 110-247)'' and adding 
``(42 U.S.C. 1792)'' in its place.
    The revised text reads as follows:


52.226-6  Promoting Excess Food Donation to Nonprofit Organizations.

* * * * *

Promoting Excess Food Donation to Nonprofit Organizations (Date)

* * * * *
    359. Amend section 52.227-11 by--
    a. Revising the date of the clause; and
    b. Removing from paragraph (k)(4) ``Contract Disputes Act'' and 
adding ``Contract Disputes statute'' in its place.
    The revised text reads as follows:


52.227-11  Patent Rights--Ownership by the Contractor.

* * * * *

Patent Rights--Ownership by the Contractor (Date)

* * * * *
    360. Amend section 52.227-14 by--
    a. Revising the date of the clause;
    b. Removing from paragraph (a) in the definition ``Technical data'' 
the words ``databases (See 41 U.S.C. 403(8))'' and adding ``databases. 
(See 41 U.S.C. 116)'' in its place; and
    c. Removing from the introductory text of paragraph (e)(1) ``41 
U.S.C. 253d'' and adding ``41 U.S.C. 4703'' in its place.
    The revised text reads as follows:


52.227-14  Rights in Data--General.

* * * * *

Rights in Data--General (Date)

* * * * *
    361. Amend section 52.227-20 by revising the date of the clause; 
and removing from paragraph (a), in the definition ``Technical data'' 
the words ``41 U.S.C. 403(8)'' and adding ``41 U.S.C. 116'' in its 
place. The revised text is as follows:


52.227-20  Rights in Data--SBIR Program.

* * * * *

Rights in Data--SBIR Program (Date)

* * * * *
    362. Amend section 52.227-21 by revising the date of the clause; 
and by removing from paragraph (a) ``41 U.S.C. 418a(d)(7)'' and adding 
``41 U.S.C. 2302(e)(7)'' in its place. The revised text reads as 
follows:


52.227-21  Technical Data Declaration, Revision, and Withholding of 
Payment--Major Systems.

* * * * *

Technical Data Declaration, Revision, and Withholding of Payment--Major 
System (Date)

* * * * *
    363. Amend section 52.228-12 by revising the date of the clause and 
the clause to read as follows:


52.228-12  Prospective Subcontractor Requests for Bonds.

* * * * *

Prospective Subcontractor Requests for Bonds (Date)

    In accordance with Section 806(a)(3) of Pub. L. 102-190, as 
amended by Sections 2091 and 8105 of Pub. L. 103-355 (10 U.S.C. 2302 
note), upon the request of a prospective subcontractor or supplier 
offering to furnish labor or material for the performance of this 
contract for which a payment bond has been furnished to the 
Government pursuant to 40 U.S.C. chapter 31, subchapter III, Bonds, 
the Contractor shall promptly provide a copy of such payment bond to 
the requester.


(End of clause)

    364. Amend section 52.228-14 by revising the date of the clause; 
and removing from paragraphs (c)(2)(i) and (c)(2)(ii) ``the Miller 
Act'' and adding ``40 U.S.C. chapter 31, subchapter III, Bonds'' in its 
place. The revised text reads as follows:


52.228-14  Irrevocable Letter of Credit.

* * * * *

Irrevocable Letter of Credit (Date)

* * * * *
    365. Amend section 52.230-2 by revising the date of the clause; and 
removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C. 
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its 
place. The revised text reads as follows:


52.230-2  Cost Accounting Practices.

* * * * *

Cost Accounting Practices (Date)

* * * * *
    366. Amend section 52.230-3 by revising the date of the clause; and 
removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C. 
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its 
place. The revised text reads as follows:


52.230-3  Disclosure and Consistency of Cost Accounting Practices.

* * * * *

Disclosure and Consistency of Cost Accounting Practices (Date)

* * * * *
    367. Amend section 52.230-4 by revising the date of the clause; and 
removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C. 
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its 
place. The revised text reads as follows:


52.230-4  Disclosure and Consistency of Cost Accounting Practices--
Foreign Concerns.

* * * * *

Disclosure and Consistency of Cost Accounting Practices--Foreign 
Concerns (Date)

* * * * *
    368. Amend section 52.230-5 by revising the date of the clause; and 
removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C. 
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its 
place. The revised text reads as follows:


52.230-5  Cost Accounting Standards--Educational Institutions.

* * * * *

Cost Accounting Standards--Educational Institutions (Date)

* * * * *
    369. Amend section 52.232-5 by revising the date of the clause; and

[[Page 57978]]

removing from paragraph (h)(3) ``41 U.S.C. 15'' and adding ``41 U.S.C. 
6305'' in its place. The revised text reads as follows:


52.232-5  Payments Under Fixed-Price Construction Contracts.

* * * * *

Payments Under Fixed-Price Construction Contracts (Date)

* * * * *
    370. Amend section 52.232-17 by revising the date of the clause; 
and removing from paragraph (a) ``Section 611 of the Contract Disputes 
Act of 1978 (Public L. 95-563)'' and adding ``41 U.S.C. 7109'' in its 
place. The revised text reads as follows: 52.232-17 Interest.
* * * * *

Interest (Date)

* * * * *
    371. Amend section 52.232-23 by revising the date of the clause; 
and removing from paragraph (a) ``41 U.S.C. 15'' and adding ``41 U.S.C. 
6305'' in its place. The revised text reads as follows:


Sec.  52.232-23   Assignment of Claims.

* * * * *

Assignment of Claims (Date)

* * * * *
    372. Amend section 52.232-24 by revising the date of the clause and 
the clause to read as follows:


Sec.  52.232-24   Prohibition of Assignment of Claims.

* * * * *

Prohibition of Assignment of Claims (Date)

    The assignment of claims under the Assignment of Claims Act of 
1940 (31 U.S.C. 3727, 41 U.S.C. 6305) is prohibited for this 
contract.


(End of clause)

    373. Amend section 52.232-27 by--
    a. Revising the date of the clause;
    b. Removing from paragraphs (c)(2)(ii) and (e)(4)(ii) ``section 12 
of the Contract Disputes Act of 1978 (41 U.S.C. 611)'' and adding ``41 
U.S.C. 7109'' in its place;
    c. Removing from paragraph (f)(1) ``the Miller Act (40 U.S.C. 
3133)'' and adding ``40 U.S.C. 3133'' in its place; and
    d. Removing from paragraph (f)(2)(ii) ``section 12 of the Contract 
Disputes Act of 1978 (41 U.S.C. 611)'' and adding ``41 U.S.C. 7109'' in 
its place.
    The revised text reads as follows:


Sec.  52.232-27  Prompt Payment for Construction Contracts.

* * * * *

Prompt Payment for Construction Contracts (Date)

* * * * *
    374. Amend section 52.232-31 by revising the date of the clause; 
and removing from paragraph (c) ``41 U.S.C. 255(f)'' and adding ``41 
U.S.C. 4505'' in its place. The revised text reads as follows:


Sec.  52.232-31   Invitation to Propose Financing Terms.

* * * * *

Invitation To Propose Financing Terms (Date)

* * * * *
    375. Amend section 52.232-36 by revising the date of the clause; 
and removing from paragraph (e) ``, as amended, 31 U.S.C. 3727, 41 
U.S.C. 15'' and adding ``(31 U.S.C. 3727, 41 U.S.C. 6305)'' in its 
place. The revised text reads as follows:


52.232-36  Payment by Third Party.

* * * * *

Payment by Third Party (Date)

* * * * *
    376. Amend section 52.233-1 by--
    a. Revising the date of the clause and paragraph (a);
    b. Removing from paragraph (b) ``the Act'' and adding ``chapter 
71'' in its place;
    c. Removing from paragraph (c) ``the Act'' and adding ``chapter 
71'' in its place (three times);
    d. Removing from paragraphs (d)(2)(iii) and (d)(3) ``duly''; and
    e. Removing from paragraph (f) ``the Act'' and adding ``chapter 
71'' in its place.
    The revised text reads as follows:


52.233-1  Disputes.

* * * * *

Disputes (Date)

    (a) This contract is subject to 41 U.S.C. chapter 71, Contract 
Disputes.
* * * * *
    377. Amend section 52.234-4 by revising the date of the clause; and 
removing from paragraph (f) ``a duly'' and adding ``an'' in its place. 
The revised text reads as follows:


52.234-4  Earned Value Management System.

* * * * *

Earned Value Management System (Date)

* * * * *
    378. Amend section 52.237-9 by revising the date of the clause; and 
removing from paragraph (a) ``41 U.S.C. 256(c)(2)(A)'' and adding ``41 
U.S.C. 4304(b)(1)'' in its place. The revised text reads as follows:


52.247-9  Waiver of Limitation on Severance Payment to Foreign 
Nationals.

* * * * *

Waiver of Limitation on Severance Payments to Foreign Nationals (Date)

* * * * *
    379. Amend section 52.242-3 by--
    a. Revising the date of the clause;
    b. Removing from paragraph (b) ``41 U.S.C. 256'' and adding ``41 
U.S.C. chapter 43'' in its place; and
    c. Removing from paragraph (f) ``the Contract Disputes Act of 1978 
(41 U.S.C. 601, et seq.)'' and adding ``chapter 71, Contract Disputes'' 
in its place.
    The revised text reads as follows:


52.242-3  Penalties for Unallowable Costs.

* * * * *

Penalties for Unallowable Costs (Date)

* * * * *
    380. Amend section 52.244-6 by--
    a. Revising the date of the clause;
    b. Removing from paragraph (c)(1)(i) ``(Pub. L. 110-252, Title VI, 
Chapter 1 (41 U.S.C. 251 note))'' and adding ``(41 U.S.C. 3509)'' in 
its place; and
    c. Removing from paragraph (c)(1)(iii) ``(DEC 2010)'' and adding 
``(DATE)'' in its place.
    The revised text reads as follows:


52.244-6  Subcontracts for Commercial Items.

* * * * *

Subcontracts for Commercial Items (Date)

* * * * *

PART 53--FORMS


53.214  [Amended]

    375. Amend section 53.214 by removing from paragraph (a) ``(Rev. 5/
2011)'' and adding ``(Rev. 3/2012)'' in its place.
    376. Amend section 53.222 by--
    a. Revising paragraph (c);
    b. Removing from paragraph (d) ``Act'' and adding ``Statute'' in 
its place; and revising paragraphs (e), (f), and (h) to read as 
follows:


53.222  Application of labor laws to Government acquisitions (SF's 308, 
1093, 1413, 1444, 1445, 1446, WH-347).

* * * * *
    (c) SF 308 (DOL) (Rev. 1/2012), Request for Wage Determination and 
Response to Request. (See 22.404-3(a) and (b).)
    (d) SF 1093 (Rev. 5/2012), Schedule of Withholdings Under the 
Construction Wage Rate Requirements Statute (40 U.S.C. Chapter 31, 
Subchapter IV, Sec.  3144) and/or the Contract Work Hours and Safety 
Standards Statute (40 U.S.C. Chapter 37, Sec.  3703).
    (e) SF 1413 (Rev. 2/2012), Statement and Acknowledgment. SF 1413 is 
prescribed for use in obtaining contractor acknowledgment of inclusion 
of required clauses in subcontracts, as specified in 22.406-5.

[[Page 57979]]

    (f) Form SF 1444 (Rev. 2/2012), Request for Authorization of 
Additional Classification and Rate. (See 22.406-3(a) and 22.1019.)
* * * * *
    (h) SF 1446 (Rev. 4/2012), Labor Standards Investigation Summary 
Sheet. (See 22.406-8(d).)
* * * * *


53.228  [Amended]

    377. Amend section 53.228 by--
    a. Removing from paragraph (b) ``(Rev. 5/96)'' and adding ``(Rev. 
2/2012)'' in its place;
    b. Removing from paragraph (c) ``(Rev. 10/98)'' and adding ``(Rev. 
2/2012)'' in its place; and
    c. Removing from paragraphs (h) and (i) ``(Rev. 10/98)'' and 
``Miller Act'' and adding ``Bond Statute'' and ``(Rev. 2/2012)'' in its 
place, respectively.


53.236-2  [Amended]

    378. Amend section 53.236-2 by removing from paragraph (b) ``(6/
04)'' and adding ``(Rev. 2/2012)'' in its place.
    378. Revise section 53.301-25 to read as follows:


53.301-25  Performance Bond.

    [Insert SF 25 here.]
    379. Revise section 53.301-25A to read as follows:


53.301-25A  Payment Bond.

    [Insert SF 25A here.]
    380. Revise section 53.301-26 to read as follows:


53.301-26  Award/Contract.

    [Insert SF 26 here.]
    381. Revise section 53.301-273 to read as follows:


53.301-273  Reinsurance Agreement for a Bonds Statute Peformance Bond.

    [Insert SF 273 here.]
    382. Revise section 53.301-274 to read as follows:


53.301-274  Reinsurance Agreement for a Bonds Statute Payment Bond.

    [Insert SF 274 here.]
    383. Revise section 53.301-308 to read as follows:


53.301-308  Request for Wage Determination and Response To Request.

    [Insert SF 308 here.]
    384. Revise section 53.301-330 to read as follows:


53.301-330  Architect-Engineer Qualifications.

    [Insert SF 330 here.]
    385. Revise section 53.301-1093 to read as follows:


53.301-1093  Schedule of Withholdings Under the Construction Wage Rate 
Requirements Statute (40 U.S.C. Chapter 31, Subchapter IV, Sec.  3144) 
and/or the Contract Work Hours and Safety Standards Statute (40 U.S.C. 
Chapter 37, Sec.  3703).

    [Insert SF 1093 here.]
    386. Revise section 53.301-1413 to read as follows:


53.301-1413  Statement and Acknowledgement.

    [Insert SF 1413 here.]
    387. Revise section 53.301-1444 to read as follows:


53.301-1444  Request for Authorization of Additional Classification and 
Rate.

    [Insert SF 1444 here.]
    388. Revise section 53.301-1446 to read as follows:


53.301-1446  Labor Standards Investigation Summary Sheet.

    [Insert SF 1446 here.]

[FR Doc. 2012-21874 Filed 9-17-12; 8:45 am]
BILLING CODE 6820-14-P

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