Federal Acquisition Regulation: Applicability of Inflation Adjustments of Acquisition-Related Thresholds, 29482-29492 [2019-12480]
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29482
Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Proposed Rules
professionals and cannot quantify the
cost of compliance with the potential
rule changes discussed herein. The
TFNPRM proposes to require
implementation by all voice service
providers—wireline, wireless, and VoIP
providers.
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Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
38. These proposed rules to codify
that voice service providers may block
telephone calls in certain circumstances
to protect subscribers from illegal and
unwanted calls are permissive and not
mandatory. Small businesses may avoid
compliance costs entirely by declining
to block calls, or may delay their
implementation of call blocking to allow
for more time to come into compliance
with the rules. However, the
Commission intends to craft rules that
encourage all carriers, including small
businesses, to block such calls and the
TFNPRM therefore seeks comment from
small businesses on how to minimize
costs associated with implementing the
proposed rules. The TFNPRM poses
specific requests for comment from
small businesses regarding how the
proposed rules affect them and what
could be done to minimize any
disproportionate impact on small
businesses.
39. The Commission’s proposed rules
allow voice service providers to block
calls based on certain criteria, including
where the Caller ID fails authentication.
In addition, the proposed rules protect
callers from the risk of their calls being
blocked erroneously. The TFNPRM
requests feedback from small businesses
and seeks comment on ways to make the
proposed rules less costly and minimize
the economic impact of the
Commission’s proposals.
40. The TFNPRM also seeks comment
on the length of time the Commission
should allow voice service providers to
implement SHAKEN/STIR, whether
smaller and medium-sized voice
providers should be given additional
time to implement this framework, and
how to qualify and quantify voice
providers’ sizes. Moreover, the
Commission seeks updated information
for entities of all sizes, including small
entities, regarding the upfront and
recurring costs to providers of
implementing SHAKEN/STIR.
41. The Commission expects to
consider the economic impact on small
entities, as identified in comments filed
in response to the TFNPRM and the
IRFA, in reaching its final conclusions
and taking action in this proceeding.
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Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
[FR Doc. 2019–13320 Filed 6–21–19; 8:45 am]
42. None.
List of Subjects in 47 CFR Part 64
Communications common carriers,
Reporting and recordkeeping
requirements, Telecommunications,
Telephone.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the
Secretary.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 part
64 as follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64
continues to read as follows:
■
Authority: 47 U.S.C. 154, 201, 202, 217
218, 220, 222, 225, 226, 227, 228, 251(a),
251(e), 254(k), 262, 403(b)(2)(B), (c), 616, 620,
1401–1473, unless otherwise noted.
2. Amend § 64.1200 by
a. Redesignating paragraph (k)(2) as
paragraph (k)(5);
■ b. Redesignating paragraph (k)(4) as
paragraph (k)(2);
■ c. Redesignating paragraph (k)(1) as
paragraph (k)(4);
■ d. Redesignating paragraph (k)(3) as
paragraph (k)(1); and
■ e. Adding new paragraphs (k)(3) and
(k)(6).
The additions to read as follows:
■
■
§ 64.1200
Delivery restrictions
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(k) * * *
(3) Any provider blocking pursuant to
this subsection must maintain a list of
numbers from which calls will not be
blocked where the Caller ID is
authenticated on a call purporting to
originate from the number. Providers
must include on their lists only
numbers used for outbound calls by
Public Safety Answering Points or other
emergency services; governmentoriginated calls, such as calls from local
authorities generated during
emergencies; and outbound calls from
schools and similar educational
institutions to provide school-related
emergency notifications, such as
weather-related closures or the
existence of an emergency affecting the
school or students.
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(6) A provider may block a call that
is eligible for authentication of Caller ID
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terminating provider has failed.
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BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 5, 8, 9, 12, 13, 15, 19,
22, 25, 30, 50, and 52
[FAR Case 2018–007; Docket No. 2018–
0007, Sequence No. 1]
RIN 9000–AN67
Federal Acquisition Regulation:
Applicability of Inflation Adjustments
of Acquisition-Related Thresholds
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCY:
DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to
implement a section of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2018 to make inflation
adjustments of statutory acquisitionrelated thresholds applicable to existing
contracts and subcontracts in effect on
the date of the adjustment that contain
the revised clauses as proposed in this
rulemaking.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at one of the
addresses shown below on or before
August 23, 2019 to be considered in the
formation of the final rule.
ADDRESSES: Submit comments in
response to FAR Case 2018–007 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2018–007’’.
Select the link ‘‘Comment Now’’ that
corresponds with ‘‘FAR Case 2018–
007’’. Follow the instructions provided
on the screen. Please include your
name, company name (if any), and
‘‘FAR Case 2018–007’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), ATTN: Lois Mandell,
1800 F Street NW, 2nd Floor,
Washington, DC 20405.
SUMMARY:
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Instructions: Please submit comments
only and cite ‘‘FAR Case 2018–007’’, 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. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Zenaida Delgado, Procurement Analyst,
at 202–969–7207 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755. Please cite ‘‘FAR Case
2018–007’’.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing
to amend the FAR to make inflation
adjustments of statutory acquisitionrelated thresholds under 41 U.S.C. 1908
applicable to existing contracts and
subcontracts in effect on the date of the
adjustment. This FAR change will
implement section 821 of the NDAA for
FY 2018 (Pub. L. 115–91).
41 U.S.C. 1908, Inflation adjustment
of acquisition-related dollar thresholds,
requires an adjustment every five years
of acquisition-related thresholds for
inflation using the Consumer Price
Index for all urban consumers, except
for the Construction Wage Rate
Requirements statute (Davis-Bacon Act),
Service Contract Labor Standards
statute, and trade agreements
thresholds. See FAR 1.109. The last FAR
case which raised the thresholds for
inflation was 2014–022, a final rule
published on July 2, 2015, effective
October 1, 2015. The next final rule to
be published raising thresholds for
inflation under 41 U.S.C. 1908 will be
effective October 1, 2020.
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II. Discussion and Analysis
As required by section 821 of the
NDAA for FY 2018, DoD, GSA, and
NASA are proposing to revise
thresholds subject to inflation
adjustment so that the periodic inflation
adjustments will apply to existing
contracts and subcontracts that contain
the revised clauses.
A. The following summarizes the
proposed changes to FAR parts 1, 5, 8,
9, 12, 13, 15, 19, 22, 25, 30, and 50:
1. Adds a new paragraph at FAR
1.109, Statutory acquisition-related
dollar thresholds—adjustment for
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inflation, to explain the impact of
section 821 of the NDAA for FY 2018.
2. Replaces numerical values,
throughout the FAR text, that are based
on the value of the micro-purchase
threshold or the simplified acquisition
threshold with the term ‘‘micropurchase threshold’’ or ‘‘simplified
acquisition threshold’’.
3. Adds a statement at FAR 15.403–
4 to explain that if a clause refers to the
certified cost or pricing data threshold,
and if the threshold is adjusted for
inflation, then the changed threshold
applies throughout the remaining term
of the contract, unless there is a
subsequent threshold adjustment.
4. Adds a statement at FAR 30.201–
1 that the lower threshold for
applicability of Cost Accounting
Standards (CAS) is the amount set forth
in 10 U.S.C. 2306a(a)(1)(A)(i), as
adjusted for inflation.
B. The following summarizes
proposed changes to FAR part 52.
1. Replaces, throughout part 52 as
appropriate, numerical values that are
based on the value of the micropurchase threshold or the simplified
acquisition threshold with the term
‘‘micro-purchase threshold’’ or
‘‘simplified acquisition threshold’’.
When the term ‘‘simplified acquisition
threshold’’ or ‘‘micro-purchase
threshold’’ is used, adds a reference to
the definition in FAR 2.101.
2. Amends FAR 52.202–1, Definitions,
to state that if the simplified acquisition
threshold or micro-purchase threshold
is adjusted for inflation, then the
changed threshold applies throughout
the remaining term of the contract,
unless there is a subsequent threshold
adjustment.
3. Replaces the numerical value for
certain thresholds (other than the micropurchase and simplified acquisition
thresholds) with a reference to the
applicable FAR text that specifies the
numerical threshold.
4. Adds, to applicable clauses, the
phrases ‘‘on the date of subcontract
award,’’ ‘‘on the date of execution of the
modification,’’ or ‘‘on the date of award
of this contract’’, to describe the date on
which the applicable threshold value
will be determined.
5. Adds a statement at FAR 52.214–
28(b), 52.215–12(a), 52.215–13(b), and
52.215–21 that explains that if the
threshold for submission of certified
cost or pricing data is adjusted for
inflation, then the changed threshold
applies throughout the remaining term
of the contract, unless there is a
subsequent threshold adjustment.
6. Adds a reference, at FAR 52.230–
1 through 52.230–5, to the lower CAS
threshold specified at FAR 30.201–4(b).
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29483
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule does not add any new
solicitation provisions or clauses, or
impact any existing provisions or
clauses, except for the added references
to acquisition-related thresholds in the
FAR text.
IV. Executive Orders 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 rule is not a significant
regulatory action, and therefore, this
rule was not subject to the review of the
Office of Information and Regulatory
Affairs under section 6(b) of E.O. 12866.
This rule is not a major rule under 5
U.S.C. 804.
V. Executive Order 13771
This rule is not an E.O. 13771
regulatory action, because this rule is
not significant under E.O. 12866.
VI. Regulatory Flexibility Act
DoD, GSA, and 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. However, an
Initial Regulatory Flexibility Analysis
(IRFA) has been performed and is
summarized as follows:
DoD, GSA, and NASA are proposing to
amend the Federal Acquisition Regulation
(FAR) to make inflation adjustments of
statutory acquisition-related thresholds
under 41 U.S.C. 1908(d) applicable to
existing contracts and subcontracts in effect
on the date of the adjustment that contain the
revised clauses.
The objective is to implement section 821
of the National Defense Authorization Act for
Fiscal Year (FY) 2018. The legal basis for this
rule is 40 U.S.C. 121(c), 10 U.S.C. chapter
137, and 51 U.S.C. 20113.
This proposed rule will likely affect to
some extent all small business concerns that
submit offers or are awarded contracts by the
Federal Government.
However, this rule is not expected to have
any significant economic impact on small
business concerns because this rule: (1) Is not
creating any new requirements with which
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small entities must comply, and (2) is only
establishing the framework to apply the
inflation adjustments of statutory acquisitionrelated thresholds under 41 U.S.C. 1908 to
existing contracts and subcontracts in effect
on the date of the adjustment. Any impact on
small business concerns will be beneficial by
preventing burdensome requirements from
continuing to apply to smaller dollar value
contracts when acquisition thresholds are
increased during the period of performance.
As of September 30, 2017, there were
637,791 active entity registrations in
SAM.gov. Of those active entity registrations,
452,310 (71 percent) completed all four
modules of the registration, in accordance
with FAR 52.204–7(a)(2), including
Assertions (where they enter their size
metrics and select their NAICS Codes) and
Reps & Certs (where they certify to the
information they provided and the size
indicator by NAICS).
Of the possible 452,310 active SAM.gov
entity registrations, 338,207 (75 percent)
certified to meeting the size standard of small
for their primary NAICS Code. Therefore, this
rule may be beneficial to 338,207 small
business entities that submit proposals that
may now fall under the micro-purchase
threshold, the simplified acquisition
threshold, or other applicable acquisition
thresholds (e.g., contractor code of business
ethics and conduct, reporting executive
compensation and first-tier subcontract
awards, equal opportunity for veterans) as a
result of this rule.
The proposed rule does not include
additional reporting or record keeping
requirements.
The rule does not duplicate, overlap, or
conflict with any other Federal rules.
There are no available alternatives to the
proposed rule to accomplish the desired
objective of the statute. DoD, GSA, and
NASA do not expect this proposed rule to
have a significant economic impact on a
substantial number of small entities because
the rule is not implementing any
requirements with which small entities must
comply.
The Regulatory Secretariat Division
has submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small
Business Administration. A copy of the
IRFA may be obtained from the
Regulatory Secretariat Division. 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 2018–007), in
correspondence.
the proposed changes to the FAR do not
impose new information collection
requirements that require the approval
of the Office of Management and Budget
(OMB) under 44 U.S.C. 3501, et seq. The
changes do not impose additional
information collection requirements to
the paperwork burden previously
approved under the following OMB
Control Numbers: 9000–0007,
Subcontracting Plans; 9000–0018,
Certification Of Independent Price
Determination, Contractor Code of
Business Ethics and Conduct, and
Preventing Personal Conflicts of
Interest; 9000–0027, Value Engineering
Requirements; 9000–0094, Debarment,
Suspension, and Other Responsibility
Matters; 9000–0091, Anti-Kickback
Procedures; 9000–0159, System for
Award Management Registration (SAM);
9000–0136, Commercial Item
Acquisitions; 9000–0034, Examination
of Records by Comptroller General and
Contract Audit; 9000–0013, Certified
Cost or Pricing Data and Data Other
Than Certified Cost or Pricing Data;
9000–0048, Authorized Negotiators and
Integrity of Unit Prices; 9000–0173,
Limitations on Pass-Through Charges;
9000–0045, Bid Guarantees,
Performance, and Payments Bonds, and
Alternative Payment Protection; 9000–
0010, Progress Payments, SF 1443;
9000–0149, Subcontract Consent and
Contractors’ Purchasing System Review;
1235–0007, Labor Standards for Federal
Service Contracts; 1235–0025,
Nondisplacement of Qualified Workers
Under Service Contracts, Executive
Order 13495; 1250–0004, Office of
Federal Contract Compliance Programs
Recordkeeping and Reporting
Requirements Under the Vietnam Era
Veterans’ Readjustment Assistance Act
of 1974, as Amended; and 1250–0005,
Office of Federal Contract Compliance
Programs Recordkeeping and Reporting
Requirements Under Rehabilitation Act
of 1973, as Amended Section 503.
List of Subjects in 48 CFR Parts 1, 5, 8,
9, 12, 13, 15, 19, 22, 25, 30, 50, and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
VII. Paperwork Reduction Act
Therefore, DoD, GSA, and NASA are
proposing to amend 48 CFR parts 1, 5,
8, 9, 12, 13, 15, 19, 22, 25, 30, 50, and
52 as set forth below:
■ 1. The authority citation for 48 CFR
parts 1, 5, 8, 9, 12, 13, 15, 19, 22, 25,
30, 50, and 52 continues to read as
follows:
The Paperwork Reduction Act (44
U.S.C. Chapter 35) does apply; however,
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
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PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
2. Amend section 1.109 by—
a. Removing from paragraph (a)
‘‘Index (CPI) for all-urban consumers’’
and adding ‘‘Index for All Urban
Consumers (CPI–U)’’ in its place;
■ b. Redesignating paragraph (d) as
paragraph (e);
■ c. Adding a new paragraph (d); and
■ d. Removing from the newly
redesignated paragraph (e) ‘‘2014–022’’
and adding ‘‘2014–022, open the docket
folder, and go to the supporting
documents file’’ in its place.
The addition reads as follows:
■
■
1.109 Statutory acquisition-related dollar
thresholds—adjustment for inflation.
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(d) The statute, as amended by section
821 of the National Defense
Authorization Act for Fiscal Year 2018
(Pub. L. 115–91), requires the
adjustment described in paragraph (a) of
this section be applied to contracts and
subcontracts without regard to the date
of award of the contract or subcontract.
Therefore, if a threshold is adjusted for
inflation as set forth in paragraph (a) of
this section, then the changed threshold
applies throughout the remaining term
of the contract, unless there is a
subsequent threshold adjustment.
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1.110
[Amended]
3. Amend section 1.110, paragraph (c),
in the table, under the Title column of
entry ‘‘Walsh-Healey Public Contracts
Act’’ by removing ‘‘$15,000’’ and adding
‘‘$10,000’’ in its place.
■
PART 5—PUBLICIZING CONTRACT
ACTIONS
5.206
[Amended]
4. Amend section 5.206 by removing
from paragraphs (a)(1) and (2)
‘‘$150,000’’ and adding ‘‘the simplified
acquisition threshold’’ in their places,
respectively.
■
PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
8.1104
[Amended]
5. Amend section 8.1104 by removing
from paragraph (e)(3) ‘‘Exceeding
$15,000’’.
■
PART 9—CONTRACTOR
QUALIFICATIONS
6. Amend section 9.405–2 by revising
the second sentence of paragraph (b) to
read as follows:
■
9.405–2
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Restrictions on subcontracting.
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(b) * * * Contractors are prohibited
from entering into any subcontract in
excess of $35,000, other than a
subcontract for a commercially available
off-the-shelf item, with a contractor that
has been debarred, suspended, or
proposed for debarment, unless there is
a compelling reason to do so. * * *
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PART 12—ACQUISITION OF
COMMERCIAL ITEMS
12.503
[Amended]
7. Amend section 12.503 by removing
from paragraph (a)(1) ‘‘$15,000’’ and
adding ‘‘$10,000’’ in its place.
■
12.504
[Amended]
8. Amend section 12.504 by removing
from paragraph (a)(4) ‘‘$15,000’’ and
adding ‘‘$10,000’’ in its place.
■
PART 13—SIMPLIFIED ACQUISITION
PROCEDURES
12. Amend section 19.203 by revising
paragraph (b) to read as follows:
■
19.203 Relationship among small
business programs.
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(b) At or below the simplified
acquisition threshold. For acquisitions
of supplies or services that have an
anticipated dollar value above the
micro-purchase threshold, but at or
below the simplified acquisition
threshold, the requirement at 19.502–
2(a) to exclusively reserve acquisitions
for small business concerns does not
preclude the contracting officer from
awarding a contract to a small business
under the 8(a) Program, HUBZone
Program, SDVOSB Program, or WOSB
Program.
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*
■ 13. Amend section 19.502–1 by
revising paragraph (b) to read as follows:
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
22.102–2
22.202
22.305
Subpart 22.6—Contracts For Materials,
Supplies, Articles, and Equipment
22.602
13.003
■
Policy.
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(b)(1) Acquisitions of supplies or
services that have an anticipated dollar
value above the micro-purchase
threshold, but at or below the simplified
acquisition threshold, are reserved
exclusively for small business concerns
and shall be set aside (see 19.000,
19.203, and subpart 19.5).
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13.501
[Amended]
10. Amend section 13.501 by
removing from paragraph (a)(2)(i)
‘‘$150,000’’ and adding ‘‘the simplified
acquisition threshold’’ in its place.
■
PART 15—CONTRACTING BY
NEGOTIATION
11. Amend section 15.403–4, by
adding a new sentence, after the third
sentence, in paragraph (a)(1), 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).
(a)(1) * * * When a clause refers to
this threshold, and if the threshold is
adjusted for inflation pursuant to
1.109(a), then pursuant to 1.109(d) the
changed threshold applies throughout
the remaining term of the contract,
unless there is a subsequent threshold
adjustment. * * *
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19.502–2
Total small business set-asides.
(a) * * * Each acquisition of supplies
or services that has an anticipated dollar
value above the micro-purchase
threshold, but not over the simplified
acquisition threshold, is automatically
reserved exclusively for small business
concerns and shall be set aside for small
business unless the contracting officer
determines there is not a reasonable
expectation of obtaining offers from two
or more responsible small business
concerns that are competitive in terms
of market prices, quality, and delivery.
* * *
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19.508
[Amended]
15. Amend section 19.508 by
removing from paragraph (e) ‘‘$150,000’’
and adding ‘‘the simplified acquisition
threshold’’ in its place.
■
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[Amended]
18. Amend section 22.305 by
removing from paragraph (e)
‘‘, Contracts for Materials, Supplies,
Articles, and Equipment Exceeding
$15,000’’.
■ 19. Revise the heading of subpart 22.6
to read as follows:
■
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[Amended]
17. Amend section 22.202 by
removing from paragraph (a) ‘‘,
Contracts for Materials, Supplies,
Articles, and Equipment Exceeding
$15,000’’.
■
19.502–1 Requirements for setting aside
acquisitions.
*
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*
(b) This requirement does not apply to
purchases at or below the micropurchase threshold, or purchases from
required sources of supply under part 8
(e.g., Committee for Purchase From
People Who are Blind or Severely
Disabled, and Federal Supply Schedule
contracts).
■ 14. Amend section 19.502–2 by—
■ a. Revising the second sentence of
paragraph (a); and
■ b. Removing from paragraph (b)
‘‘$150,000’’ and adding ‘‘the simplified
acquisition threshold’’ in its place.
The revision reads as follows:
[Amended]
16. Amend section 22.102–2 by
removing from paragraph (c)(1)(iv)
‘‘$15,000’’ and adding ‘‘$10,000’’ in its
place.
■
9. Amend section 13.003 by revising
paragraph (b)(1) to read as follows:
■
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PART 19—SMALL BUSINESS
PROGRAMS
[Amended]
20. Amend section 22.602 by
removing ‘‘, Contracts for Materials,
Supplies, Articles, and Equipment
Exceeding $15,000’’.
22.610
[Amended]
21. Amend section 22.610 by
removing ‘‘Exceeding $15,000’’.
■
22.1003–3
[Amended]
22. Amend section 22.1003–3 by
removing from paragraph (b)
‘‘, Contracts for Materials, Supplies,
Articles, and Equipment Exceeding
$15,000’’.
■
22.1003–6
[Amended]
23. Amend section 22.1003–6 by
removing from paragraph (a)
‘‘, Contracts for Materials, Supplies,
Articles, and Equipment Exceeding
$15,000,’’.
■
PART 25—FOREIGN ACQUISITION
25.703–4
[Amended]
25. Amend section 25.703–4 by
removing from paragraphs (c)(5)(ii),
(c)(7)(iii), and (c)(8)(iii) ‘‘$3,500’’ and
adding ‘‘the threshold at FAR 25.703–
2(a)(2)’’ in their places, respectively.
■
PART 30—COST ACCOUNTING
STANDARDS ADMINISTRATION
26. Amend section 30.201–1 by
redesignating the undesignated text as
paragraph (a) and adding paragraph (b)
to read as follows:
■
30.201–1
*
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(b) In accordance with 41 U.S.C.
1502(b)(1)(B), the lower threshold for
applicability of CAS is the amount set
forth in 10 U.S.C. 2306a(a)(1)(A)(i), as
adjusted for inflation in accordance
with 41 U.S.C. 1908.
PART 50—EXTRAORDINARY
CONTRACTUAL ACTIONS AND THE
SAFETY ACT
50.103–7
[Amended]
27. Amend section 50.103–7 by
removing from paragraph (b)
‘‘Exceeding $15,000’’.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
28. Amend section 52.202–1 by—
a. Revising the date of the clause;
b. Removing from paragraph (c)
‘‘meaning; or’’ and adding ‘‘meaning;’’
in its place;
■ c. Removing from paragraph (d)
‘‘Part’’ and ‘‘procedures.’’ and adding
‘‘part’’ and ‘‘procedures; or’’ in their
places, respectively; and
■ d. Adding paragraph (e).
The revision and addition read as
follows:
■
■
■
52.202–1
*
*
*
*
Definitions ([DATE])
*
*
*
*
*
(e) The word or term defines an
acquisition-related threshold (i.e.,
‘‘micro-purchase threshold’’ or
‘‘simplified acquisition threshold’’), and
if the threshold is adjusted for inflation
as set forth in FAR 1.109(a), then the
changed threshold applies throughout
the remaining term of the contract,
unless there is a subsequent threshold
adjustment; see FAR 1.109(d).
*
*
*
*
*
■ 29. Amend section 52.203–6 by
revising the date of the clause and
removing from paragraph (c)
‘‘threshold’’ and adding ‘‘threshold, as
defined in Federal Acquisition
Regulation 2.101 on the date of
subcontract award’’ in its place.
The revision reads as follows:
52.203–6 Restrictions on Subcontractor
Sales to the Government.
*
*
*
*
*
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*
*
Anti-Kickback Procedures.
*
*
*
*
*
*
*
*
30. Amend section 52.203–7 by
revising the date of the clause and
removing from paragraph (c)(5) ‘‘under
under this contract which exceed
$150,000’’ and adding ‘‘under this
contract that exceed the threshold
■
16:30 Jun 21, 2019
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The revision reads as follows:
52.203–16 Preventing Personal Conflicts
of Interest.
*
*
*
*
*
Anti-Kickback Procedures ([DATE])
Preventing Personal Conflicts of
Interest ([DATE])
*
*
*
*
*
31. Amend section 52.203–12 by—
a. Revising the date of the clause;
b. Removing from paragraph (g)(1)
‘‘exceeding $150,000 under this
contract’’ and adding ‘‘under this
contract that exceeds the threshold
specified in FAR 3.808 on the date of
subcontract award’’ in its place; and
■ c. Removing from paragraph (g)(3)
‘‘exceeding $150,000’’ and adding ‘‘that
exceeds the threshold specified in FAR
3.808 on the date of subcontract award’’
in its place.
The revision reads as follows:
*
■
■
■
■
■
■
52.203–12 Limitation on Payments to
Influence Certain Federal Transactions.
52.203–17 Contractor Employee
Whistleblower Rights and Requirement To
Inform Employees of Whistleblower Rights.
*
*
*
*
*
Limitation on Payments to Influence
Certain Federal Transactions ([DATE])
*
*
*
*
*
32. Amend section 52.203–13 by
revising the date of the clause and
removing from paragraph (d)(1) ‘‘have a
value in excess of $5.5 million’’ and
adding ‘‘exceed the threshold specified
in FAR 3.1004(a) on the date of
subcontract award’’ in its place.
The revision reads as follows:
52.203–13 Contractor Code of Business
Ethics and Conduct.
*
*
*
*
*
Contractor Code of Business Ethics and
Conduct ([DATE])
*
*
*
*
*
33. Amend section 52.203–14 by
revising the date of the clause and
removing from paragraph (d)
introductory text ‘‘$5.5 million’’ and
adding ‘‘the threshold specified in
Federal Acquisition Regulation
3.1004(b)(1) on the date of subcontract
award’’ in its place.
The revision reads as follows:
■
52.203–14
Display of Hotline Poster(s).
*
*
*
*
*
Display of Hotline Poster(s) ([DATE])
Restrictions on Subcontractor Sales to
the Government ([DATE])
VerDate Sep<11>2014
52.203–7
■
Definitions.
*
specified in FAR 3.502–2(i) on the date
of subcontract award’’ in its place.
The revision reads as follows:
*
*
*
*
*
34. Amend section 52.203–16 by
revising the date of the clause and
removing from paragraph (d)(1)
‘‘$150,000’’ and adding ‘‘the simplified
acquisition threshold, as defined in
Federal Acquisition Regulation 2.101 on
the date of subcontract award’’ in its
place.
■
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*
*
*
*
35. Amend section 52.203–17 by—
a. Revising the date of the clause;
b. Removing from paragraph (a)
‘‘FAR’’ and adding ‘‘Federal Acquisition
Regulation (FAR)’’;
■ c. Removing from paragraph (b)
‘‘section 3.908 of the Federal
Acquisition Regulation’’ and adding
‘‘FAR 3.908’’ in its place; and
■ d. Removing from paragraph (c)
‘‘threshold’’ and adding ‘‘threshold, as
defined in FAR 2.101 on the date of
subcontract award’’ in its place.
The revision reads as follows:
*
*
*
*
*
Contractor Employee Whistleblower
Rights and Requirement To Inform
Employees of Whistleblower Rights
([DATE])
*
*
*
*
*
36. Amend section 52.204–10 by—
a. Revising the date of the clause;
b. Removing from paragraph (d)(1)
introductory text ‘‘FAR’’ and adding
‘‘Federal Acquisition Regulation (FAR)’’
in its place;
■ c. Removing from paragraph (d)(2)
introductory text ‘‘contracting officer’’
and ‘‘with a value of $30,000 or more’’
and adding ‘‘Contracting Officer’’ and
‘‘valued at or above the threshold
specified in FAR 4.1403(a) on the date
of subcontract award’’ in their places,
respectively;
■ d. Removing from paragraph (d)(3)
introductory text ‘‘with a value of
$30,000 or more’’ and adding ‘‘valued at
or above the threshold specified in FAR
4.1403(a) on the date of subcontract
award’’ in its place; and
■ e. Removing from paragraph (e) ‘‘less
than $30,000’’ and adding ‘‘below the
threshold specified in FAR 4.1403(a), on
the date of subcontract award,’’ in its
place.
The revision reads as follows:
■
■
■
52.204–10 Reporting Executive
Compensation and First-Tier Subcontract
Awards.
*
*
*
*
*
Reporting Executive Compensation and
First-Tier Subcontract Awards ([DATE])
*
■
*
*
*
*
37. Amend section 52.209–6 by—
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a. Revising the date of the clause;
b. Removing from paragraph (a)(1)(i)
‘‘FAR’’ and adding ‘‘Federal Acquisition
Regulation (FAR)’’ in its place;
■ c. Removing from paragraph (b)
‘‘$35,000’’ and adding ‘‘the threshold
specified in FAR 9.405–2(b) on the date
of subcontract award,’’ in its place;
■ d. Removing from paragraph (c)
‘‘$35,000’’ and adding ‘‘the threshold
specified in FAR 9.405–2(b) on the date
of subcontract award’’ in its place; and
■ e. Removing from paragraph (e)(1)
‘‘$35,000 in value’’ and adding ‘‘the
threshold specified in FAR 9.405–2(b)
on the date of subcontract award’’ in its
place.
The revision reads as follows:
■
■
52.209–6 Protecting the Government’s
Interest When Subcontracting With
Contractors Debarred, Suspended, or
Proposed for Debarment.
*
*
*
*
*
Protecting the Government’s Interest
When Subcontracting With Contractors
Debarred, Suspended, or Proposed for
Debarment ([DATE])
*
*
*
*
*
38. Amend section 52.210–1 by—
■ a. Revising the date of the clause and
paragraph (a); and
■ b. Removing from paragraph (b)
introductory text ‘‘threshold’’ and
adding ‘‘threshold, as defined in FAR
2.101 on the date of subcontract award,’’
in its place.
The revisions read as follows:
■
52.210–1
*
*
Market Research.
*
*
*
Market Research ([DATE])
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*
*
*
*
*
(a) Definition. As used in this
clause—
Commercial item and
nondevelopmental item have the
meaning contained in Federal
Acquisition Regulation (FAR) 2.101.
*
*
*
*
*
■ 39. Amend section 52.212–1 by
revising the date of the provision and
removing from paragraph (j) ‘‘exceeding
$3,500, and offers of $3,500 or less’’ and
‘‘see subpart 32.11’’ and adding ‘‘that
exceed the micro-purchase threshold,
and offers at or below the micropurchase threshold’’ and ‘‘see FAR
subpart 32.11’’ in their places,
respectively.
The revision reads as follows:
52.212–1 Instructions to Offerors—
Commercial Items.
*
*
*
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*
*
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Instructions to Offerors—Commercial
Items ([DATE])
*
*
*
*
*
40. Amend section 52.212–3 by
revising the date of the provision and
removing from paragraph (o)(2)(iii)
‘‘$3,500’’ and adding ‘‘the threshold at
FAR 25.703–2(a)(2)’’ in its place.
The revision reads as follows:
■
52.212–3 Offeror Representations and
Certifications—Commercial Items.
*
*
*
*
*
Offeror Representations and
Certifications—Commercial Items
([DATE])
*
*
*
*
*
41. Amend section 52.212–5 by—
a. Revising the date of the clause;
b. Amending paragraph (b) by—
i. Removing from paragraph (b)(1)
‘‘(SEP 2006)’’ and adding ‘‘([DATE])’’ in
its place;
■ ii. Removing from paragraph (b)(2)
‘‘(OCT 2015)’’ and adding ‘‘([DATE])’’ in
its place;
■ iii. Removing from paragraph (b)(4)
‘‘(OCT 2018)’’ and adding ‘‘([DATE])’’ in
its place;
■ iv. Removing from paragraph (b)(8)
‘‘(Oct 2015)’’ and adding ‘‘([DATE])’’ in
its place;
■ v. Removing from paragraph (b)(17)(i)
‘‘(AUG 2018)’’ and adding ‘‘([DATE])’’
in its place;
■ vi. Removing from paragraph
(b)(17)(iv) ‘‘(NOV 2016)’’ and adding
‘‘([DATE]) in its place;
■ vii. Removing from paragraph
(b)(17)(v) ‘‘(AUG 2018)’’ and adding
‘‘([DATE])’’ in its place;
■ viii. Removing from paragraph
(b)(29)(i) ‘‘(OCT 2015)’’ and adding
‘‘([DATE])’’ in its place;
■ ix. Removing from paragraph (b)(30)(i)
‘‘(JUL 2014)’’ and adding ‘‘([DATE])’’ in
its place;
■ x. Removing from paragraph (b)(31)
‘‘(FEB 2016)’’ and adding ‘‘([DATE])’’ in
its place;
■ xi. Removing from paragraph (b)(42)
‘‘(AUG 2011)’’ and adding ‘‘([DATE])
(E.O. 13513)’’ in its place;
■ xii. Removing from paragraph (c)(1)
‘‘(May 2014)’’ and adding ‘‘([DATE])’’ in
its place, and removing from paragraph
(c)(10) ‘‘(MAY 2014)’’ and adding
‘‘([DATE])’’ in its place;
■ xiii. Removing from paragraph (d)
introductory text ‘‘threshold,’’ and
adding ‘‘threshold, as defined in FAR
2.101, on the date of award of this
contract,’’ in its place;
■ xiv. Removing from paragraph (e)(1)(i)
‘‘(Oct 2015)’’ and adding ‘‘([DATE])’’ in
its place;
■ xv. Removing from paragraph
(e)(1)(iv) ‘‘$700,000 ($1.5 million for
■
■
■
■
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construction of any public facility)’’ and
adding ‘‘the applicable threshold
specified in FAR 19.702(a) on the date
of subcontract award’’ in its place;
■ xvi. Removing from paragraph
(e)(1)(v) ‘‘(MAY 2014)’’ and adding
‘‘([DATE])’’ in its place;
■ xvii. Removing from paragraph
(e)(1)(viii) ‘‘(Oct 2015)’’ and adding
‘‘([DATE])’’ in its place;
■ xviii. Removing from paragraph
(e)(1)(ix) ‘‘(July 2014)’’ and adding
‘‘([DATE])’’ in its place;
■ xix. Removing from paragraph
(e)(1)(x) ‘‘(FEB 2016)’’ and adding
‘‘([DATE])’’ in its place;
■ xx. Removing from paragraph
(e)(1)(xxi) ‘‘(MAY 2014)’’ and adding
‘‘([DATE])’’ in its place;
■ xxi. Revising the date of Alternate II;
■ xxii. Removing from paragraph
(e)(1)(ii)(A) of Alternate II ‘‘(Oct 2015)’’
and adding ‘‘([DATE])’’ in its place;
■ xxiii. Removing from paragraph
(e)(1)(ii)(D) of Alternate II ‘‘$700,000
($1.5 million for construction of any
public facility)’’ and adding ‘‘the
applicable threshold specified in FAR
19.702(a) on the date of subcontract
award’’ in its place;
■ xxiv. Removing from paragraph
(e)(1)(ii)(G) of Alternate II ‘‘(Oct 2015)’’
and adding ‘‘([DATE])’’ in its place;
■ xxv. Removing from paragraph
(e)(1)(ii)(H) of Alternate II ‘‘(July 2014)’’
and adding ‘‘([DATE])’’ in its place; and
■ xxvi. Removing from paragraph
(e)(1)(ii)(S) of Alternate II ‘‘(MAY 2014)’’
and adding ‘‘([DATE])’’ in its place.
The revisions read 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])
*
*
*
*
*
Alternate II ([DATE]). * * *
*
*
*
*
*
■ 42. Amend section 52.213–4 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph (a)(2)(iv)
‘‘(JAN 2017)’’ and adding ‘‘(JAN 2017).’’
and removing from paragraph (a)(2)(viii)
‘‘(JAN 2019)’’ and adding ‘‘([DATE])’’ in
its place;
■ c. Revising paragraphs (b)(1)(i)
through (iv), the first sentence of
paragraph (b)(1)(v), and revising
paragraph (b)(1)(vi);
■ d. Removing from paragraph
(b)(1)(xvii) introductory text
‘‘threshold’’ and adding ‘‘threshold, as
defined in FAR 2.101 on the date of
award of this contract,’’ in its place; and
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e. Revising paragraphs (b)(1)(xviii)
and (b)(2)(ii).
The revisions read as follows:
■
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
*
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items) ([DATE])
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*
*
*
*
*
(b) * * *
(1) * * *
(i) 52.204–10, Reporting Executive
Compensation and First-Tier
Subcontract Awards ([DATE]) (Pub. L.
109–282) (31 U.S.C. 6101 note) (Applies
to contracts valued at or above the
threshold specified in FAR 4.1403(a) on
the date of award of this contract).
(ii) 52.222–19, Child Labor—
Cooperation with Authorities and
Remedies (JAN 2018) (E.O. 13126)
(Applies to contracts for supplies
exceeding the micro-purchase
threshold, as defined in FAR 2.101 on
the date of award of this contract).
(iii) 52.222–20, Contracts for
Materials, Supplies, Articles, and
Equipment ([DATE])(41 U.S.C. chapter
65) (Applies to supply contracts over
the threshold specified in FAR 22.602
on the date of award of this contract, in
the United States, Puerto Rico, or the
U.S. Virgin Islands).
(iv) 52.222–35, Equal Opportunity for
Veterans ([DATE]) (38 U.S.C. 4212)
(Applies to contracts valued at or above
the threshold specified in FAR
22.1303(a) on the date of award of this
contract).
(v) 52.222–36, Equal Employment for
Workers with Disabilities ([DATE])(29
U.S.C. 793) (Applies to contracts over
the threshold specified in FAR
22.1408(a) on the date of award of this
contract, unless the work is to be
performed outside the United States by
employees recruited outside the United
States). * * *
(vi) 52.222–37, Employment Reports
on Veterans ([DATE])(38 U.S.C. 4212)
(Applies to contracts valued at or above
the threshold specified in FAR
22.1303(a) on the date of award of this
contract).
*
*
*
*
*
(xviii) 52.226–6, Promoting Excess
Food Donation to Nonprofit
Organizations ([DATE])(42 U.S.C. 1792)
(Applies to contracts greater than the
threshold specified in FAR 26.404 on
the date of award of this contract, that
provide for the provision, the service, or
the sale of food in the United States).
*
*
*
*
*
(2) * * *
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(ii) 52.209–6, Protecting the
Government’s Interest When
Subcontracting with Contractors
Debarred, Suspended, or Proposed for
Debarment ([DATE])(Applies to
contracts over the threshold specified in
FAR 9.405–2(b) on the date of award of
this contract).
*
*
*
*
*
■ 43. Amend section 52.214–26 by
revising the date of the clause and
removing from paragraph (e) ‘‘in FAR
15.403–4(a)(1) for submission of
certified cost or pricing data’’ and
adding ‘‘for submission of certified cost
or pricing data in FAR 15.403–4(a)(1) on
the date of subcontract award’’ in its
place.
The revision reads as follows:
52.214–26
Bidding.
Audit and Records—Sealed
*
*
*
*
*
Subcontractor Certified Cost or Pricing
Data—Modifications—Sealed Bidding
([DATE])
*
*
*
*
*
(b) * * * If the threshold for
submission of certified cost or pricing
data specified in FAR 15.403–4(a)(1) is
adjusted for inflation as set forth in FAR
1.109(a), then pursuant to FAR 1.109(d)
the changed threshold applies
throughout the remaining term of the
contract, unless there is a subsequent
threshold adjustment.
*
*
*
*
*
■ 46. Amend section 52.215–2 by
revising the date of the clause and
removing from paragraph (g)
introductory text ‘‘threshold’’ and
adding ‘‘threshold, as defined in FAR
2.101 on the date of subcontract award,’’
in its place.
The revision reads as follows:
Audit and Records—Sealed Bidding
([DATE])
52.215–2
*
Audit and Records—Negotiation
([DATE])
*
*
*
*
■ 44. Amend section 52.214–27 by
revising the date of the clause and
removing from paragraph (a) ‘‘at FAR
15.403–4(a)(1)’’ and adding ‘‘in Federal
Acquisition Regulation (FAR) 15.403–
4(a)(1) on the date of execution of the
modification’’ in its place.
The revision reads as follows:
52.214–27 Price Reduction for Defective
Certified Cost or Pricing Data—
Modifications—Sealed Bidding.
*
*
*
*
*
Price Reduction for Defective Certified
Cost or Pricing Data—Modifications—
Sealed Bidding ([DATE])
*
*
*
*
*
■ 45. Amend section 52.214–28 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph (a)(1) ‘‘at
(FAR) 48 CFR 15.403–4(a)(1)’’ and
adding ‘‘in Federal Acquisition
Regulation (FAR) 15.403–4(a)(1) on the
date of execution of the modification’’
in its place;
■ c. Removing from paragraph (b) ‘‘at
FAR 15.403–4(a)(1)’’ twice and adding
‘‘in FAR 15.403–4(a)(1)’’ in their places,
respectively, and adding a sentence to
the end of the paragraph; and
■ d. Removing from paragraph (d) ‘‘at
FAR 15.403–4(a)(1)’’ and adding ‘‘in
FAR 15.403–4(a)(1)’’ in its place.
The revision and addition reads as
follows:
52.214–28 Subcontractor Certified Cost or
Pricing Data—Modifications—Sealed
Bidding.
*
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*
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*
*
Audit and Records—Negotiation.
*
*
*
*
*
*
*
*
47. Amend section 52.215–11 by
revising the date of the clause and
removing from paragraph (a) ‘‘at FAR
15.403–4’’ and ‘‘FAR 15.403–1’’ and
adding ‘‘in Federal Acquisition
Regulation (FAR) 15.403–4(a)(1) on the
date of execution of the modification’’
and ‘‘FAR 15.403–1(b)’’ in their places,
respectively.
The revision reads as follows:
■
52.215–11 Price Reduction for Defective
Certified Cost or Pricing Data—
Modifications.
*
*
*
*
*
Price Reduction for Defective Certified
Cost or Pricing Data—Modifications
([DATE])
*
*
*
*
*
48. Amend section 52.215–12 by—
■ a. Revising the date of the clause;
■ b. In paragraph (a)—
■ i. Removing the first use of
‘‘at FAR 15.403–4’’ and adding ‘‘in
Federal Acquisition Regulation (FAR)
15.403–4’’ in its place;
■ ii. Removing ‘‘at FAR 15.403–4, the
Contractor’’ and ‘‘FAR 15.403–1’’ and
adding ‘‘in FAR 15.403–4(a)(1), the
Contractor’’ and ‘‘FAR 15.403–1(b)’’ in
their places, respectively; and
■ iii. Adding a new sentence to the end
of the paragraph; and
■ c. Revising paragraph (c) introductory
text.
The revisions and addition reads as
follows:
■
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52.215–12 Subcontractor Certified Cost or
Pricing Data.
*
*
*
*
*
Subcontractor Certified Cost or Pricing
Data ([DATE])
*
*
*
*
*
(a) * * * If the threshold for
submission of certified cost or pricing
data specified in FAR 15.403–4(a)(1) is
adjusted for inflation as set forth in FAR
1.109(a), then pursuant to FAR 1.109(d)
the changed threshold applies
throughout the remaining term of the
contract, unless there is a subsequent
threshold adjustment.
*
*
*
*
*
(c) In each subcontract that, when
entered into, exceeds the threshold for
submission of certified cost or pricing
data in FAR 15.403–4(a)(1), the
Contractor shall insert either—
*
*
*
*
*
■ 49. Amend section 52.215–13 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph (a)(1) ‘‘at
FAR 15.403–4’’ and adding ‘‘in Federal
Acquisition Regulation (FAR) 15.403–
4(a)(1) on the date of execution of the
modification’’ in its place;
■ c. Removing from paragraph (b) ‘‘at
FAR 15.403–4’’ twice and ‘‘FAR 15.403–
1’’ and adding ‘‘in FAR 15.403–4(a)(1)’’
twice and ‘‘FAR 15.403–1(b)’’ in their
places, respectively, and adding a
sentence to the end of the paragraph;
and
■ d. Removing from paragraph (d) ‘‘at
FAR 15.403–4’’ and adding ‘‘in FAR
15.403–4(a)(1)’’ in its place.
The revision and addition reads as
follows:
52.215–13 Subcontractor Certified Cost or
Pricing Data—Modifications.
*
*
*
*
*
Subcontractor Certified Cost or Pricing
Data—Modifications ([DATE])
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*
*
*
*
*
(b) * * * If the threshold for
submission of certified cost or pricing
data specified in FAR 15.403–4(a)(1) is
adjusted for inflation as set forth in FAR
1.109(a), then pursuant to FAR 1.109(d)
the changed threshold applies
throughout the remaining term of the
contract, unless there is a subsequent
threshold adjustment.
*
*
*
*
*
■ 50. Amend section 52.215–14 by
revising the date of the clause and
paragraph (c) to read as follows:
52.215–14
Integrity of Unit Prices.
*
*
*
*
*
(c) The Contractor shall insert the
substance of this clause, less paragraph
(b), in all subcontracts for other than:
acquisitions at or below the simplified
acquisition threshold, as defined in
Federal Acquisition Regulation (FAR)
2.101 on the date of subcontract award;
construction or architect-engineer
services under FAR part 36; utility
services under FAR part 41; services
where supplies are not required;
commercial items; and petroleum
products.
*
*
*
*
*
■ 51. Amend section 52.215–21 by
revising the date of the clause and
paragraph (a)(1) introductory text to
read as follows:
52.215–21 Requirements for Certified Cost
or Pricing Data and Data Other Than
Certified Cost or Pricing Data—
Modifications.
*
*
*
*
*
Requirements for Certified Cost or
Pricing Data and Data Other Than
Certified Cost or Pricing Data—
Modifications ([DATE])
*
*
*
*
*
(a) * * *
(1) In lieu of submitting certified cost
or pricing data for modifications under
this contract, for price adjustments
expected to exceed the threshold set
forth in Federal Acquisition Regulation
(FAR) 15.403–4(a)(1) on the date of the
agreement on price or the date of the
award, whichever is later, the
Contractor may submit a written request
for exception by submitting the
information described in the following
subparagraphs. If the threshold for
submission of certified cost or pricing
data specified in FAR 15.403–4(a)(1) is
adjusted for inflation as set forth in FAR
1.109(a), then pursuant to FAR 1.109(d)
the changed threshold applies
throughout the remaining term of the
contract, unless there is a subsequent
threshold adjustment. The Contracting
Officer may require additional
supporting information, but only to the
extent necessary to determine whether
an exception should be granted, and
whether the price is fair and
reasonable—
*
*
*
*
*
■ 52. Amend section 52.215–23 by—
■ a. Revising the date of the clause;
■ b. Removing from the defined term
‘‘Subcontract’’ ‘‘FAR 2.101’’ and adding
‘‘Federal Acquisition Regulation (FAR)
2.101’’ in its place; and
■ c. Revising paragraph (f).
The revision reads as follows:
Integrity of Unit Prices ([DATE])
52.215–23
Charges.
Limitations on Pass-Through
*
*
*
*
*
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*
*
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*
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*
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*
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29489
Limitations on Pass-Through Charges
([DATE])
*
*
*
*
*
(f) Flowdown. The Contractor shall
insert the substance of this clause,
including this paragraph (f), in all costreimbursement subcontracts under this
contract that exceed the simplified
acquisition threshold, as defined in FAR
2.101 on the date of subcontract award,
except if the contract is with DoD, then
insert in all cost-reimbursement
subcontracts and fixed-price
subcontracts, except those identified in
FAR 15.408(n)(2)(i)(B)(2), that exceed
the threshold for obtaining cost or
pricing data in FAR 15.403–4(a)(1) on
the date of subcontract award.
*
*
*
*
*
■ 53. Amend section 52.219–9 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph (d)(9)
‘‘$700,000 ($1.5 million for construction
of any public facility)’’ and adding ‘‘the
applicable threshold specified in
Federal Acquisition Regulation (FAR)
19.702(a) on the date of subcontract
award,’’ in its place;
■ c. Removing from paragraph
(d)(11)(iii) introductory text ‘‘$150,000’’
and adding ‘‘the simplified acquisition
threshold, as defined in FAR 2.101 on
the date of subcontract award’’ in its
place;
■ d. Removing from paragraph (e)(6)
‘‘threshold’’ and adding ‘‘threshold, as
defined in FAR 2.101 on the date of
subcontract award,’’ in its place;
■ e. Removing from paragraph (i)
‘‘threshold in 19.702(a)’’ and adding
‘‘threshold in FAR 19.702(a)’’ in its
place;
■ f. Removing from paragraph (l)(2)(i)(C)
‘‘$700,000 (over $1.5 million for
construction of a public facility) and’’
and adding ‘‘the applicable threshold
specified in FAR 19.702(a), and the
contract’’ in its place;
■ g. Revising the date of Alternate III
and removing from paragraph (l)(2)(i)(C)
of Alternate III ‘‘$700,000 (over $1.5
million for construction of a public
facility) and’’ and adding ‘‘the
applicable threshold specified in FAR
19.702(a), and the contract’’ in its place;
■ h. Revising the date of Alternate IV
and removing from paragraph (d)(9) of
Alternate IV ‘‘$700,000 ($1.5 million for
construction of any public facility)’’ and
adding ‘‘the applicable threshold
specified in Federal Acquisition
Regulation (FAR) 19.702(a) on the date
of subcontract award,’’ in its place; and
■ i. Removing from paragraph
(d)(11)(iii) introductory text of Alternate
IV ‘‘$150,000’’ and adding ‘‘the
simplified acquisition threshold, as
defined in FAR 2.101 on the date of
subcontract award’’ in its place.
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The revisions read as follows:
52.219–9
Plan.
*
*
Small Business Subcontracting
*
*
*
Small Business Subcontracting Plan
([DATE])
*
*
*
*
*
Alternate III ([DATE]). * * *
52.222–36 Equal Opportunity for Workers
with Disabilities.
*
*
*
*
*
*
Alternate IV ([DATE]). * * *
*
*
*
*
*
■ 54. Amend section 52.222–17 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph (c)(3)
‘‘(see FAR subpart 19.13)’’ and adding
‘‘(see Federal Acquisition Regulation
(FAR) subpart 19.13)’’ in its place; and
■ c. Removing from paragraph (l)
‘‘threshold’’ and adding ‘‘threshold, as
defined in FAR 2.101 on the date of
subcontract award,’’ in its place.
The revision reads as follows:
52.222–17
Workers.
Nondisplacement of Qualified
*
*
*
*
*
Nondisplacement of Qualified Workers
([DATE])
*
*
*
*
*
■ 55. Amend section 52.222–20 by
revising the section heading, the clause
heading, and the date of the clause, and
removing from the introductory text
‘‘$15,000’’ and adding ‘‘the threshold
specified in Federal Acquisition
Regulation (FAR) 22.602 on the date of
award of this contract’’ in its place.
The revisions read as follows:
52.222–20 Contracts for Materials,
Supplies, Articles, and Equipment.
*
*
*
*
*
*
*
*
*
56. Amend section 52.222–35 by—
a. Revising the date of the clause;
b. Removing from the defined term of
paragraph (a) ‘‘FAR’’ and adding
‘‘Federal Acquisition Regulation (FAR)’’
in its place; and
■ c. Removing from paragraph (c) ‘‘of
$150,000 or more’’ and adding ‘‘valued
at or above the threshold specified in
FAR 22.1303(a) on the date of
subcontract award,’’ in its place.
The revision reads as follows:
■
■
■
52.222–35
Equal Opportunity for Veterans.
*
*
*
*
*
*
*
Equal Opportunity for Workers With
Disabilities ([DATE])
*
*
*
*
*
58. Amend section 52.222–37 by—
a. Revising the date of the clause;
b. Removing from paragraph (a) ‘‘FAR
22.1301’’ and adding ‘‘Federal
Acquisition Regulation (FAR) 22.1301’’
in its place; and
■ c. Removing from paragraph (g) ‘‘of
$150,000 or more’’ and adding ‘‘valued
at or above the threshold specified in
FAR 22.1303(a) on the date of
subcontract award,’’ in its place.
The revision reads as follows:
■
■
■
52.222–37
Veterans.
Employment Reports on
*
*
*
*
*
Employment Reports on Veterans
([DATE])
*
*
*
*
*
60. Amend section 52.223–18 by
revising the date of the clause and
removing from paragraph (d)
‘‘threshold’’ and adding ‘‘threshold, as
defined in Federal Acquisition
Regulation (FAR) 2.101 on the date of
subcontract award’’ in its place.
The revision reads as follows:
■
*
*
*
*
52.223–18 Encouraging Contractor
Policies To Ban Text Messaging While
Driving.
Contracts for Materials, Supplies,
Articles, and Equipment ([DATE])
jbell on DSK3GLQ082PROD with PROPOSALS
57. Amend section 52.222–36 by
revising the date of the clause and
removing from paragraph (b) ‘‘$15,000’’
and adding ‘‘the threshold specified in
Federal Acquisition Regulation (FAR)
22.1408(a) on the date of subcontract
award,’’ in its place.
The revision reads as follows:
■
*
*
*
*
Encouraging Contractor Policies To Ban
Text Messaging While Driving ([DATE])
*
*
*
*
*
61. Amend section 52.225–25 by—
a. Revising the clause heading and
date;
■ b. Removing from paragraph (c)
introductory text ‘‘with 25.703–4’’ and
adding ‘‘with Federal Acquisition
Regulation (FAR) 25.703–4’’ in its place;
and
■ c. Removing from paragraph (c)(3)
‘‘$3,500’’ and adding ‘‘the threshold at
FAR 25.703–2(a)(2)’’ in its place.
The revision reads as follows:
■
■
Equal Opportunity for Veterans
([DATE])
52.225–25 Prohibition on Contracting with
Entities Engaging in Certain Activities or
Transactions Relating to Iran—
Representation and Certifications.
*
*
*
*
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*
*
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*
*
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*
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*
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Prohibition on Contracting With
Entities Engaging in Certain Activities
or Transactions Relating to Iran—
Representation and Certifications
([DATE])
*
*
*
*
*
62. Amend section 52.226–6 by
revising the heading and date of the
clause, and removing from paragraph (e)
‘‘greater than $25,000’’ and adding ‘‘that
exceed the threshold specified in
Federal Acquisition Regulation (FAR)
26.404 on the date of subcontract
award’’ in its place.
The revisions read as follows:
■
52.226–6 Promoting Excess Food
Donation to Nonprofit Organizations.
*
*
*
*
*
Promoting Excess Food Donation to
Nonprofit Organizations ([DATE])
*
*
*
*
*
63. Amend section 52.227–1 by
revising the date of the clause and
removing from paragraph (b) ‘‘threshold.
However, omission of this clause from
any subcontract, including those at or
below the simplified acquisition
threshold’’ and adding ‘‘threshold, as
defined in Federal Acquisition
Regulation (FAR) 2.101 on the date of
subcontract award. However, omission
of this clause from any subcontract,
including those at or below the
simplified acquisition threshold, as
defined in FAR 2.101 on the date of
subcontract award’’ in its place.
The revision reads as follows:
■
52.227–1
*
*
Authorization and Consent.
*
*
*
Authorization and Consent ([DATE])
*
*
*
*
*
64. Amend section 52.227–2 by
revising the date of the clause and
removing from paragraph (c)
‘‘threshold’’ and adding ‘‘threshold, as
defined in Federal Acquisition
Regulation (FAR) 2.101 on the date of
subcontract award’’ in its place.
The revision reads as follows:
■
52.227–2 Notice and Assistance
Regarding Patent and Copyright
Infringement.
*
*
*
*
*
Notice and Assistance Regarding Patent
and Copyright Infringement ([DATE])
*
*
*
*
*
65. Amend section 52.227–3 by
revising the date of Alternate III and
removing from the undesignated
paragraph of Alternate III ‘‘threshold’’
and adding ‘‘threshold, as defined in
Federal Acquisition Regulation (FAR)
2.101 on the date of subcontract award,’’
in its place.
■
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52.230–3 Disclosure and Consistency of
Cost Accounting Practices.
The revision reads as follows:
52.227–3
*
*
Patent Indemnity.
*
*
*
*
*
*
*
Alternate III ([DATE]). * * *
Disclosure and Consistency of Cost
Accounting Practices ([DATE])
*
*
■
■
■
■
*
*
*
*
66. Amend section 52.228–15 by
revising the date of the clause and
removing from paragraph (b) ‘‘$150,000
or less’’ and adding ‘‘valued at or below
the threshold specified in Federal
Acquisition Regulation (FAR) 28.102–
1(a) on the date of award of this
contract’’ in its place.
The revision reads as follows:
52.228–15 Performance and Payment
Bonds—Construction.
*
*
*
*
*
*
*
*
*
70. Amend section 52.230–4 by—
a. Revising the date of the clause;
b. Removing from paragraph (d)(1)
‘‘FAR 30.201–4’’ and adding ‘‘Federal
Acquisition Regulation (FAR) 30.201–4’’
in its place; and
■ c. Removing from paragraph (d)(2)
‘‘$750,000’’ and adding ‘‘the lower CAS
threshold specified in FAR 30.201–4(b)
on the date of subcontract award’’ in its
place.
The revision reads as follows:
Performance and Payment Bonds—
Construction ([DATE])
52.230–4 Disclosure and Consistency of
Cost Accounting Practices—Foreign
Concerns.
*
*
■
Disclosure and Consistency of Cost
Accounting Practices—Foreign
Concerns ([DATE])
*
*
*
*
67. Amend section 52.230–1 by—
■ a. Removing from the provision
prescription reference ‘‘30.201–3’’ and
adding ‘‘30.201–3(a)’’ in its place;
■ b. Revising the date of the provision;
and
■ c. Removing from paragraph (a)
‘‘$750,000’’ and adding ‘‘the lower CAS
threshold specified in Federal
Acquisition Regulation (FAR) 30.201–
4(b)’’ in its place.
The revision reads as follows:
52.230–1 Cost Accounting Standards
Notices and Certification.
*
*
*
*
*
*
*
*
*
*
*
*
*
71. Amend section 52.230–5 by
revising the date of the clause, and
removing from paragraph (d)(2)
‘‘$750,000’’ and adding ‘‘the lower CAS
threshold specified in Federal
Acquisition Regulation (FAR) 30.201–
4(b) on the date of subcontract award’’
in its place.
The revision reads as follows:
■
52.230–5 Cost Accounting Standards—
Educational Institution.
*
Cost Accounting Standards Notices and
Certification ([DATE])
*
*
*
*
*
■ 68. Amend section 52.230–2 by
revising the date of the clause, and
removing from paragraph (d) ‘‘Federal
Acquisition Regulation’’ and
‘‘$750,000’’ and adding ‘‘Federal
Acquisition Regulation (FAR)’’ and ‘‘the
lower CAS threshold specified in FAR
30.201–4(b) on the date of subcontract
award’’ in their places, respectively.
The revision reads as follows:
*
*
*
*
*
Cost Accounting Standards—
Educational Institution ([DATE])
*
*
Subcontracts.
*
*
*
Subcontracts ([DATE])
*
*
*
*
*
Alternate I ([DATE]). * * *
*
*
*
*
*
74. Amend section 52.244–6 by—
a. Revising the date of the clause;
b. Removing from paragraph (a) in the
defined term ‘‘Commercial item and
commercially available off-the-shelf
item’’ ‘‘Federal Acquisition Regulation
2.101, Definitions’’ and adding ‘‘Federal
Acquisition Regulation (FAR) 2.101,’’ in
its place;
■ c. Removing from paragraph (c)(1)(i)
‘‘(Oct 2015)’’ and ‘‘$5.5 million’’ and
adding ‘‘([DATE])’’ and ‘‘the threshold
specified in FAR 3.1004(a) on the date
of subcontract award,’’ in their places,
respectively;
■ d. Removing from paragraph (c)(1)(vi)
‘‘$700,000 ($1.5 million for construction
of any public facility)’’ and adding ‘‘the
applicable threshold specified in FAR
19.702(a) on the date of subcontract
award’’ in its place;
■ e. Removing from paragraph (c)(1)(ix)
‘‘(Oct 2015)’’ and ‘‘;’’ and adding
‘‘([DATE])’’ and ‘‘.’’ in their places,
respectively;
■ f. Removing from paragraph (c)(1)(x)
‘‘(July 2014)’’ and adding ‘‘([DATE])’’ in
its place; and
■ g. Removing from paragraph (c)(1)(xi)
‘‘(FEB 2016)’’ and adding ‘‘([DATE])’’ in
its place;
The revisions read as follows:
■
■
■
Cost Accounting Standards ([DATE])
*
52.232–16
Progress Payments.
Subcontracts for Commercial Items
([DATE])
■
*
*
*
*
*
Cost Accounting Standards.
*
*
*
*
*
*
*
69. Amend section 52.230–3 by
revising the date of the clause, and
removing from paragraph (d)(2)
‘‘$750,000’’ and adding ‘‘the lower CAS
threshold specified in Federal
Acquisition Regulation (FAR) 30.201–
4(b) on the date of subcontract award’’
in its place.
The revision reads as follows:
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*
52.244–2
*
*
*
*
72. Amend section 52.232–16 by—
a. Revising the date of the clause;
b. Removing from paragraph (a)(1)
‘‘FAR 31.205–10’’ and adding ‘‘Federal
Acquisition Regulation (FAR) 31.205–
10’’ in its place;
■ c. Revising the date of Alternate III
and removing from paragraph (n) of
Alternate III ‘‘threshold’’ and adding
‘‘threshold, as defined in FAR 2.101 on
the date of individual order award’’ in
its place.
The revision reads as follows:
52.230–2
jbell on DSK3GLQ082PROD with PROPOSALS
*
b. Removing from paragraphs (c)(2)(i)
and (ii) ‘‘threshold’’ and adding
‘‘threshold, as defined in FAR 2.101 on
the date of subcontract award,’’ in their
places, respectively;
■ c. Revising the date of Alternate I and
removing from paragraph (e)(2) of
Alternate I ‘‘threshold’’ and adding
‘‘threshold, as defined in FAR 2.101 on
the date of subcontract award,’’ in its
place.
The revisions read as follows:
■
■
■
■
*
*
*
*
*
*
*
Alternate III ([DATE]). * * *
*
■
■
*
*
*
*
73. Amend section 52.244–2 by—
a. Revising the date of the clause;
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*
Subcontracts for Commercial
*
*
*
*
*
*
*
75. Amend section 52.248–1 by—
a. Revising the date of the clause;
b. Removing from paragraph (i)(5)
‘‘Federal Acquisition Regulation’’ and
adding ‘‘Federal Acquisition Regulation
(FAR)’’ in its place; and
■ c. Removing from paragraph (l) ‘‘of
$150,000 or more’’ and adding ‘‘valued
■
■
■
Progress Payments ([DATE])
*
52.244–6
Items.
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at or above the simplified acquisition
threshold, as defined in FAR 2.101 on
the date of subcontract award,’’ in its
place.
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The revision reads as follows:
52.248–1
*
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*
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*
*
*
*
*
[FR Doc. 2019–12480 Filed 6–21–19; 8:45 am]
BILLING CODE 6820–EP–P
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Agencies
[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Proposed Rules]
[Pages 29482-29492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12480]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 5, 8, 9, 12, 13, 15, 19, 22, 25, 30, 50, and 52
[FAR Case 2018-007; Docket No. 2018-0007, Sequence No. 1]
RIN 9000-AN67
Federal Acquisition Regulation: Applicability of Inflation
Adjustments of Acquisition-Related Thresholds
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement a section of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 to make
inflation adjustments of statutory acquisition-related thresholds
applicable to existing contracts and subcontracts in effect on the date
of the adjustment that contain the revised clauses as proposed in this
rulemaking.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at one of the addresses shown below on
or before August 23, 2019 to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in response to FAR Case 2018-007 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2018-007''. Select the link ``Comment Now'' that corresponds with ``FAR
Case 2018-007''. Follow the instructions provided on the screen. Please
include your name, company name (if any), and ``FAR Case 2018-007'' on
your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd
Floor, Washington, DC 20405.
[[Page 29483]]
Instructions: Please submit comments only and cite ``FAR Case 2018-
007'', 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. To confirm receipt of your comment(s), please check
www.regulations.gov, approximately two to three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite ``FAR Case 2018-
007''.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to amend the FAR to make inflation
adjustments of statutory acquisition-related thresholds under 41 U.S.C.
1908 applicable to existing contracts and subcontracts in effect on the
date of the adjustment. This FAR change will implement section 821 of
the NDAA for FY 2018 (Pub. L. 115-91).
41 U.S.C. 1908, Inflation adjustment of acquisition-related dollar
thresholds, requires an adjustment every five years of acquisition-
related thresholds for inflation using the Consumer Price Index for all
urban consumers, except for the Construction Wage Rate Requirements
statute (Davis-Bacon Act), Service Contract Labor Standards statute,
and trade agreements thresholds. See FAR 1.109. The last FAR case which
raised the thresholds for inflation was 2014-022, a final rule
published on July 2, 2015, effective October 1, 2015. The next final
rule to be published raising thresholds for inflation under 41 U.S.C.
1908 will be effective October 1, 2020.
II. Discussion and Analysis
As required by section 821 of the NDAA for FY 2018, DoD, GSA, and
NASA are proposing to revise thresholds subject to inflation adjustment
so that the periodic inflation adjustments will apply to existing
contracts and subcontracts that contain the revised clauses.
A. The following summarizes the proposed changes to FAR parts 1, 5,
8, 9, 12, 13, 15, 19, 22, 25, 30, and 50:
1. Adds a new paragraph at FAR 1.109, Statutory acquisition-related
dollar thresholds--adjustment for inflation, to explain the impact of
section 821 of the NDAA for FY 2018.
2. Replaces numerical values, throughout the FAR text, that are
based on the value of the micro-purchase threshold or the simplified
acquisition threshold with the term ``micro-purchase threshold'' or
``simplified acquisition threshold''.
3. Adds a statement at FAR 15.403-4 to explain that if a clause
refers to the certified cost or pricing data threshold, and if the
threshold is adjusted for inflation, then the changed threshold applies
throughout the remaining term of the contract, unless there is a
subsequent threshold adjustment.
4. Adds a statement at FAR 30.201-1 that the lower threshold for
applicability of Cost Accounting Standards (CAS) is the amount set
forth in 10 U.S.C. 2306a(a)(1)(A)(i), as adjusted for inflation.
B. The following summarizes proposed changes to FAR part 52.
1. Replaces, throughout part 52 as appropriate, numerical values
that are based on the value of the micro-purchase threshold or the
simplified acquisition threshold with the term ``micro-purchase
threshold'' or ``simplified acquisition threshold''. When the term
``simplified acquisition threshold'' or ``micro-purchase threshold'' is
used, adds a reference to the definition in FAR 2.101.
2. Amends FAR 52.202-1, Definitions, to state that if the
simplified acquisition threshold or micro-purchase threshold is
adjusted for inflation, then the changed threshold applies throughout
the remaining term of the contract, unless there is a subsequent
threshold adjustment.
3. Replaces the numerical value for certain thresholds (other than
the micro-purchase and simplified acquisition thresholds) with a
reference to the applicable FAR text that specifies the numerical
threshold.
4. Adds, to applicable clauses, the phrases ``on the date of
subcontract award,'' ``on the date of execution of the modification,''
or ``on the date of award of this contract'', to describe the date on
which the applicable threshold value will be determined.
5. Adds a statement at FAR 52.214-28(b), 52.215-12(a), 52.215-
13(b), and 52.215-21 that explains that if the threshold for submission
of certified cost or pricing data is adjusted for inflation, then the
changed threshold applies throughout the remaining term of the
contract, unless there is a subsequent threshold adjustment.
6. Adds a reference, at FAR 52.230-1 through 52.230-5, to the lower
CAS threshold specified at FAR 30.201-4(b).
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule does not add any new solicitation provisions or clauses,
or impact any existing provisions or clauses, except for the added
references to acquisition-related thresholds in the FAR text.
IV. Executive Orders 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 rule is not a significant regulatory action, and therefore, this
rule was not subject to the review of the Office of Information and
Regulatory Affairs under section 6(b) of E.O. 12866. This rule is not a
major rule under 5 U.S.C. 804.
V. Executive Order 13771
This rule is not an E.O. 13771 regulatory action, because this rule
is not significant under E.O. 12866.
VI. Regulatory Flexibility Act
DoD, GSA, and 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. However, an Initial Regulatory Flexibility Analysis (IRFA) has
been performed and is summarized as follows:
DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to make inflation adjustments of
statutory acquisition-related thresholds under 41 U.S.C. 1908(d)
applicable to existing contracts and subcontracts in effect on the
date of the adjustment that contain the revised clauses.
The objective is to implement section 821 of the National
Defense Authorization Act for Fiscal Year (FY) 2018. The legal basis
for this rule is 40 U.S.C. 121(c), 10 U.S.C. chapter 137, and 51
U.S.C. 20113.
This proposed rule will likely affect to some extent all small
business concerns that submit offers or are awarded contracts by the
Federal Government.
However, this rule is not expected to have any significant
economic impact on small business concerns because this rule: (1) Is
not creating any new requirements with which
[[Page 29484]]
small entities must comply, and (2) is only establishing the
framework to apply the inflation adjustments of statutory
acquisition-related thresholds under 41 U.S.C. 1908 to existing
contracts and subcontracts in effect on the date of the adjustment.
Any impact on small business concerns will be beneficial by
preventing burdensome requirements from continuing to apply to
smaller dollar value contracts when acquisition thresholds are
increased during the period of performance.
As of September 30, 2017, there were 637,791 active entity
registrations in SAM.gov. Of those active entity registrations,
452,310 (71 percent) completed all four modules of the registration,
in accordance with FAR 52.204-7(a)(2), including Assertions (where
they enter their size metrics and select their NAICS Codes) and Reps
& Certs (where they certify to the information they provided and the
size indicator by NAICS).
Of the possible 452,310 active SAM.gov entity registrations,
338,207 (75 percent) certified to meeting the size standard of small
for their primary NAICS Code. Therefore, this rule may be beneficial
to 338,207 small business entities that submit proposals that may
now fall under the micro-purchase threshold, the simplified
acquisition threshold, or other applicable acquisition thresholds
(e.g., contractor code of business ethics and conduct, reporting
executive compensation and first-tier subcontract awards, equal
opportunity for veterans) as a result of this rule.
The proposed rule does not include additional reporting or
record keeping requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
There are no available alternatives to the proposed rule to
accomplish the desired objective of the statute. DoD, GSA, and NASA
do not expect this proposed rule to have a significant economic
impact on a substantial number of small entities because the rule is
not implementing any requirements with which small entities must
comply.
The Regulatory Secretariat Division has submitted a copy of the
IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the IRFA may be obtained from the Regulatory
Secretariat Division. 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 2018-007),
in correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35) does apply;
however, the proposed changes to the FAR do not impose new information
collection requirements that require the approval of the Office of
Management and Budget (OMB) under 44 U.S.C. 3501, et seq. The changes
do not impose additional information collection requirements to the
paperwork burden previously approved under the following OMB Control
Numbers: 9000-0007, Subcontracting Plans; 9000-0018, Certification Of
Independent Price Determination, Contractor Code of Business Ethics and
Conduct, and Preventing Personal Conflicts of Interest; 9000-0027,
Value Engineering Requirements; 9000-0094, Debarment, Suspension, and
Other Responsibility Matters; 9000-0091, Anti-Kickback Procedures;
9000-0159, System for Award Management Registration (SAM); 9000-0136,
Commercial Item Acquisitions; 9000-0034, Examination of Records by
Comptroller General and Contract Audit; 9000-0013, Certified Cost or
Pricing Data and Data Other Than Certified Cost or Pricing Data; 9000-
0048, Authorized Negotiators and Integrity of Unit Prices; 9000-0173,
Limitations on Pass-Through Charges; 9000-0045, Bid Guarantees,
Performance, and Payments Bonds, and Alternative Payment Protection;
9000-0010, Progress Payments, SF 1443; 9000-0149, Subcontract Consent
and Contractors' Purchasing System Review; 1235-0007, Labor Standards
for Federal Service Contracts; 1235-0025, Nondisplacement of Qualified
Workers Under Service Contracts, Executive Order 13495; 1250-0004,
Office of Federal Contract Compliance Programs Recordkeeping and
Reporting Requirements Under the Vietnam Era Veterans' Readjustment
Assistance Act of 1974, as Amended; and 1250-0005, Office of Federal
Contract Compliance Programs Recordkeeping and Reporting Requirements
Under Rehabilitation Act of 1973, as Amended Section 503.
List of Subjects in 48 CFR Parts 1, 5, 8, 9, 12, 13, 15, 19, 22,
25, 30, 50, and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA are proposing to amend 48 CFR parts
1, 5, 8, 9, 12, 13, 15, 19, 22, 25, 30, 50, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 5, 8, 9, 12, 13, 15, 19,
22, 25, 30, 50, and 52 continues 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
0
2. Amend section 1.109 by--
0
a. Removing from paragraph (a) ``Index (CPI) for all-urban consumers''
and adding ``Index for All Urban Consumers (CPI-U)'' in its place;
0
b. Redesignating paragraph (d) as paragraph (e);
0
c. Adding a new paragraph (d); and
0
d. Removing from the newly redesignated paragraph (e) ``2014-022'' and
adding ``2014-022, open the docket folder, and go to the supporting
documents file'' in its place.
The addition reads as follows:
1.109 Statutory acquisition-related dollar thresholds--adjustment for
inflation.
* * * * *
(d) The statute, as amended by section 821 of the National Defense
Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), requires the
adjustment described in paragraph (a) of this section be applied to
contracts and subcontracts without regard to the date of award of the
contract or subcontract. Therefore, if a threshold is adjusted for
inflation as set forth in paragraph (a) of this section, then the
changed threshold applies throughout the remaining term of the
contract, unless there is a subsequent threshold adjustment.
* * * * *
1.110 [Amended]
0
3. Amend section 1.110, paragraph (c), in the table, under the Title
column of entry ``Walsh-Healey Public Contracts Act'' by removing
``$15,000'' and adding ``$10,000'' in its place.
PART 5--PUBLICIZING CONTRACT ACTIONS
5.206 [Amended]
0
4. Amend section 5.206 by removing from paragraphs (a)(1) and (2)
``$150,000'' and adding ``the simplified acquisition threshold'' in
their places, respectively.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.1104 [Amended]
0
5. Amend section 8.1104 by removing from paragraph (e)(3) ``Exceeding
$15,000''.
PART 9--CONTRACTOR QUALIFICATIONS
0
6. Amend section 9.405-2 by revising the second sentence of paragraph
(b) to read as follows:
9.405-2 Restrictions on subcontracting.
* * * * *
[[Page 29485]]
(b) * * * Contractors are prohibited from entering into any
subcontract in excess of $35,000, other than a subcontract for a
commercially available off-the-shelf item, with a contractor that has
been debarred, suspended, or proposed for debarment, unless there is a
compelling reason to do so. * * *
* * * * *
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.503 [Amended]
0
7. Amend section 12.503 by removing from paragraph (a)(1) ``$15,000''
and adding ``$10,000'' in its place.
12.504 [Amended]
0
8. Amend section 12.504 by removing from paragraph (a)(4) ``$15,000''
and adding ``$10,000'' in its place.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
0
9. Amend section 13.003 by revising paragraph (b)(1) to read as
follows:
13.003 Policy.
* * * * *
(b)(1) Acquisitions of supplies or services that have an
anticipated dollar value above the micro-purchase threshold, but at or
below the simplified acquisition threshold, are reserved exclusively
for small business concerns and shall be set aside (see 19.000, 19.203,
and subpart 19.5).
* * * * *
13.501 [Amended]
0
10. Amend section 13.501 by removing from paragraph (a)(2)(i)
``$150,000'' and adding ``the simplified acquisition threshold'' in its
place.
PART 15--CONTRACTING BY NEGOTIATION
0
11. Amend section 15.403-4, by adding a new sentence, after the third
sentence, in paragraph (a)(1), 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).
(a)(1) * * * When a clause refers to this threshold, and if the
threshold is adjusted for inflation pursuant to 1.109(a), then pursuant
to 1.109(d) the changed threshold applies throughout the remaining term
of the contract, unless there is a subsequent threshold adjustment. * *
*
* * * * *
PART 19--SMALL BUSINESS PROGRAMS
0
12. Amend section 19.203 by revising paragraph (b) to read as follows:
19.203 Relationship among small business programs.
* * * * *
(b) At or below the simplified acquisition threshold. For
acquisitions of supplies or services that have an anticipated dollar
value above the micro-purchase threshold, but at or below the
simplified acquisition threshold, the requirement at 19.502-2(a) to
exclusively reserve acquisitions for small business concerns does not
preclude the contracting officer from awarding a contract to a small
business under the 8(a) Program, HUBZone Program, SDVOSB Program, or
WOSB Program.
* * * * *
0
13. Amend section 19.502-1 by revising paragraph (b) to read as
follows:
19.502-1 Requirements for setting aside acquisitions.
* * * * *
(b) This requirement does not apply to purchases at or below the
micro-purchase threshold, or purchases from required sources of supply
under part 8 (e.g., Committee for Purchase From People Who are Blind or
Severely Disabled, and Federal Supply Schedule contracts).
0
14. Amend section 19.502-2 by--
0
a. Revising the second sentence of paragraph (a); and
0
b. Removing from paragraph (b) ``$150,000'' and adding ``the
simplified acquisition threshold'' in its place.
The revision reads as follows:
19.502-2 Total small business set-asides.
(a) * * * Each acquisition of supplies or services that has an
anticipated dollar value above the micro-purchase threshold, but not
over the simplified acquisition threshold, is automatically reserved
exclusively for small business concerns and shall be set aside for
small business unless the contracting officer determines there is not a
reasonable expectation of obtaining offers from two or more responsible
small business concerns that are competitive in terms of market prices,
quality, and delivery. * * *
* * * * *
19.508 [Amended]
0
15. Amend section 19.508 by removing from paragraph (e) ``$150,000''
and adding ``the simplified acquisition threshold'' in its place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.102-2 [Amended]
0
16. Amend section 22.102-2 by removing from paragraph (c)(1)(iv)
``$15,000'' and adding ``$10,000'' in its place.
22.202 [Amended]
0
17. Amend section 22.202 by removing from paragraph (a) ``, Contracts
for Materials, Supplies, Articles, and Equipment Exceeding $15,000''.
22.305 [Amended]
0
18. Amend section 22.305 by removing from paragraph (e) ``, Contracts
for Materials, Supplies, Articles, and Equipment Exceeding $15,000''.
0
19. Revise the heading of subpart 22.6 to read as follows:
Subpart 22.6--Contracts For Materials, Supplies, Articles, and
Equipment
22.602 [Amended]
0
20. Amend section 22.602 by removing ``, Contracts for Materials,
Supplies, Articles, and Equipment Exceeding $15,000''.
22.610 [Amended]
0
21. Amend section 22.610 by removing ``Exceeding $15,000''.
22.1003-3 [Amended]
0
22. Amend section 22.1003-3 by removing from paragraph (b) ``,
Contracts for Materials, Supplies, Articles, and Equipment Exceeding
$15,000''.
22.1003-6 [Amended]
0
23. Amend section 22.1003-6 by removing from paragraph (a) ``,
Contracts for Materials, Supplies, Articles, and Equipment Exceeding
$15,000,''.
PART 25--FOREIGN ACQUISITION
25.703-4 [Amended]
0
25. Amend section 25.703-4 by removing from paragraphs (c)(5)(ii),
(c)(7)(iii), and (c)(8)(iii) ``$3,500'' and adding ``the threshold at
FAR 25.703-2(a)(2)'' in their places, respectively.
PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION
0
26. Amend section 30.201-1 by redesignating the undesignated text as
paragraph (a) and adding paragraph (b) to read as follows:
30.201-1 CAS applicability.
* * * * *
[[Page 29486]]
(b) In accordance with 41 U.S.C. 1502(b)(1)(B), the lower threshold
for applicability of CAS is the amount set forth in 10 U.S.C.
2306a(a)(1)(A)(i), as adjusted for inflation in accordance with 41
U.S.C. 1908.
PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
50.103-7 [Amended]
0
27. Amend section 50.103-7 by removing from paragraph (b) ``Exceeding
$15,000''.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
28. Amend section 52.202-1 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (c) ``meaning; or'' and adding ``meaning;''
in its place;
0
c. Removing from paragraph (d) ``Part'' and ``procedures.'' and adding
``part'' and ``procedures; or'' in their places, respectively; and
0
d. Adding paragraph (e).
The revision and addition read as follows:
52.202-1 Definitions.
* * * * *
Definitions ([DATE])
* * * * *
(e) The word or term defines an acquisition-related threshold
(i.e., ``micro-purchase threshold'' or ``simplified acquisition
threshold''), and if the threshold is adjusted for inflation as set
forth in FAR 1.109(a), then the changed threshold applies throughout
the remaining term of the contract, unless there is a subsequent
threshold adjustment; see FAR 1.109(d).
* * * * *
0
29. Amend section 52.203-6 by revising the date of the clause and
removing from paragraph (c) ``threshold'' and adding ``threshold, as
defined in Federal Acquisition Regulation 2.101 on the date of
subcontract award'' in its place.
The revision reads as follows:
52.203-6 Restrictions on Subcontractor Sales to the Government.
* * * * *
Restrictions on Subcontractor Sales to the Government ([DATE])
* * * * *
0
30. Amend section 52.203-7 by revising the date of the clause and
removing from paragraph (c)(5) ``under under this contract which exceed
$150,000'' and adding ``under this contract that exceed the threshold
specified in FAR 3.502-2(i) on the date of subcontract award'' in its
place.
The revision reads as follows:
52.203-7 Anti-Kickback Procedures.
* * * * *
Anti-Kickback Procedures ([DATE])
* * * * *
0
31. Amend section 52.203-12 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (g)(1) ``exceeding $150,000 under this
contract'' and adding ``under this contract that exceeds the threshold
specified in FAR 3.808 on the date of subcontract award'' in its place;
and
0
c. Removing from paragraph (g)(3) ``exceeding $150,000'' and adding
``that exceeds the threshold specified in FAR 3.808 on the date of
subcontract award'' in its place.
The revision reads as follows:
52.203-12 Limitation on Payments to Influence Certain Federal
Transactions.
* * * * *
Limitation on Payments to Influence Certain Federal Transactions
([DATE])
* * * * *
0
32. Amend section 52.203-13 by revising the date of the clause and
removing from paragraph (d)(1) ``have a value in excess of $5.5
million'' and adding ``exceed the threshold specified in FAR 3.1004(a)
on the date of subcontract award'' in its place.
The revision reads as follows:
52.203-13 Contractor Code of Business Ethics and Conduct.
* * * * *
Contractor Code of Business Ethics and Conduct ([DATE])
* * * * *
0
33. Amend section 52.203-14 by revising the date of the clause and
removing from paragraph (d) introductory text ``$5.5 million'' and
adding ``the threshold specified in Federal Acquisition Regulation
3.1004(b)(1) on the date of subcontract award'' in its place.
The revision reads as follows:
52.203-14 Display of Hotline Poster(s).
* * * * *
Display of Hotline Poster(s) ([DATE])
* * * * *
0
34. Amend section 52.203-16 by revising the date of the clause and
removing from paragraph (d)(1) ``$150,000'' and adding ``the simplified
acquisition threshold, as defined in Federal Acquisition Regulation
2.101 on the date of subcontract award'' in its place.
The revision reads as follows:
52.203-16 Preventing Personal Conflicts of Interest.
* * * * *
Preventing Personal Conflicts of Interest ([DATE])
* * * * *
0
35. Amend section 52.203-17 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a) ``FAR'' and adding ``Federal
Acquisition Regulation (FAR)'';
0
c. Removing from paragraph (b) ``section 3.908 of the Federal
Acquisition Regulation'' and adding ``FAR 3.908'' in its place; and
0
d. Removing from paragraph (c) ``threshold'' and adding ``threshold, as
defined in FAR 2.101 on the date of subcontract award'' in its place.
The revision reads as follows:
52.203-17 Contractor Employee Whistleblower Rights and Requirement To
Inform Employees of Whistleblower Rights.
* * * * *
Contractor Employee Whistleblower Rights and Requirement To Inform
Employees of Whistleblower Rights ([DATE])
* * * * *
0
36. Amend section 52.204-10 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (d)(1) introductory text ``FAR'' and adding
``Federal Acquisition Regulation (FAR)'' in its place;
0
c. Removing from paragraph (d)(2) introductory text ``contracting
officer'' and ``with a value of $30,000 or more'' and adding
``Contracting Officer'' and ``valued at or above the threshold
specified in FAR 4.1403(a) on the date of subcontract award'' in their
places, respectively;
0
d. Removing from paragraph (d)(3) introductory text ``with a value of
$30,000 or more'' and adding ``valued at or above the threshold
specified in FAR 4.1403(a) on the date of subcontract award'' in its
place; and
0
e. Removing from paragraph (e) ``less than $30,000'' and adding
``below the threshold specified in FAR 4.1403(a), on the date of
subcontract award,'' in its place.
The revision reads as follows:
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards.
* * * * *
Reporting Executive Compensation and First-Tier Subcontract Awards
([DATE])
* * * * *
0
37. Amend section 52.209-6 by--
[[Page 29487]]
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(1)(i) ``FAR'' and adding ``Federal
Acquisition Regulation (FAR)'' in its place;
0
c. Removing from paragraph (b) ``$35,000'' and adding ``the threshold
specified in FAR 9.405-2(b) on the date of subcontract award,'' in its
place;
0
d. Removing from paragraph (c) ``$35,000'' and adding ``the threshold
specified in FAR 9.405-2(b) on the date of subcontract award'' in its
place; and
0
e. Removing from paragraph (e)(1) ``$35,000 in value'' and adding
``the threshold specified in FAR 9.405-2(b) on the date of subcontract
award'' in its place.
The revision reads as follows:
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment.
* * * * *
Protecting the Government's Interest When Subcontracting With
Contractors Debarred, Suspended, or Proposed for Debarment ([DATE])
* * * * *
0
38. Amend section 52.210-1 by--
0
a. Revising the date of the clause and paragraph (a); and
0
b. Removing from paragraph (b) introductory text ``threshold'' and
adding ``threshold, as defined in FAR 2.101 on the date of subcontract
award,'' in its place.
The revisions read as follows:
52.210-1 Market Research.
* * * * *
Market Research ([DATE])
* * * * *
(a) Definition. As used in this clause--
Commercial item and nondevelopmental item have the meaning
contained in Federal Acquisition Regulation (FAR) 2.101.
* * * * *
0
39. Amend section 52.212-1 by revising the date of the provision and
removing from paragraph (j) ``exceeding $3,500, and offers of $3,500 or
less'' and ``see subpart 32.11'' and adding ``that exceed the micro-
purchase threshold, and offers at or below the micro-purchase
threshold'' and ``see FAR subpart 32.11'' in their places,
respectively.
The revision reads as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items ([DATE])
* * * * *
0
40. Amend section 52.212-3 by revising the date of the provision and
removing from paragraph (o)(2)(iii) ``$3,500'' and adding ``the
threshold at FAR 25.703-2(a)(2)'' in its place.
The revision reads as follows:
52.212-3 Offeror Representations and Certifications--Commercial
Items.
* * * * *
Offeror Representations and Certifications--Commercial Items ([DATE])
* * * * *
0
41. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Amending paragraph (b) by--
0
i. Removing from paragraph (b)(1) ``(SEP 2006)'' and adding
``([DATE])'' in its place;
0
ii. Removing from paragraph (b)(2) ``(OCT 2015)'' and adding
``([DATE])'' in its place;
0
iii. Removing from paragraph (b)(4) ``(OCT 2018)'' and adding
``([DATE])'' in its place;
0
iv. Removing from paragraph (b)(8) ``(Oct 2015)'' and adding
``([DATE])'' in its place;
0
v. Removing from paragraph (b)(17)(i) ``(AUG 2018)'' and adding
``([DATE])'' in its place;
0
vi. Removing from paragraph (b)(17)(iv) ``(NOV 2016)'' and adding
``([DATE]) in its place;
0
vii. Removing from paragraph (b)(17)(v) ``(AUG 2018)'' and adding
``([DATE])'' in its place;
0
viii. Removing from paragraph (b)(29)(i) ``(OCT 2015)'' and adding
``([DATE])'' in its place;
0
ix. Removing from paragraph (b)(30)(i) ``(JUL 2014)'' and adding
``([DATE])'' in its place;
0
x. Removing from paragraph (b)(31) ``(FEB 2016)'' and adding
``([DATE])'' in its place;
0
xi. Removing from paragraph (b)(42) ``(AUG 2011)'' and adding
``([DATE]) (E.O. 13513)'' in its place;
0
xii. Removing from paragraph (c)(1) ``(May 2014)'' and adding
``([DATE])'' in its place, and removing from paragraph (c)(10) ``(MAY
2014)'' and adding ``([DATE])'' in its place;
0
xiii. Removing from paragraph (d) introductory text ``threshold,'' and
adding ``threshold, as defined in FAR 2.101, on the date of award of
this contract,'' in its place;
0
xiv. Removing from paragraph (e)(1)(i) ``(Oct 2015)'' and adding
``([DATE])'' in its place;
0
xv. Removing from paragraph (e)(1)(iv) ``$700,000 ($1.5 million for
construction of any public facility)'' and adding ``the applicable
threshold specified in FAR 19.702(a) on the date of subcontract award''
in its place;
0
xvi. Removing from paragraph (e)(1)(v) ``(MAY 2014)'' and adding
``([DATE])'' in its place;
0
xvii. Removing from paragraph (e)(1)(viii) ``(Oct 2015)'' and adding
``([DATE])'' in its place;
0
xviii. Removing from paragraph (e)(1)(ix) ``(July 2014)'' and adding
``([DATE])'' in its place;
0
xix. Removing from paragraph (e)(1)(x) ``(FEB 2016)'' and adding
``([DATE])'' in its place;
0
xx. Removing from paragraph (e)(1)(xxi) ``(MAY 2014)'' and adding
``([DATE])'' in its place;
0
xxi. Revising the date of Alternate II;
0
xxii. Removing from paragraph (e)(1)(ii)(A) of Alternate II ``(Oct
2015)'' and adding ``([DATE])'' in its place;
0
xxiii. Removing from paragraph (e)(1)(ii)(D) of Alternate II ``$700,000
($1.5 million for construction of any public facility)'' and adding
``the applicable threshold specified in FAR 19.702(a) on the date of
subcontract award'' in its place;
0
xxiv. Removing from paragraph (e)(1)(ii)(G) of Alternate II ``(Oct
2015)'' and adding ``([DATE])'' in its place;
0
xxv. Removing from paragraph (e)(1)(ii)(H) of Alternate II ``(July
2014)'' and adding ``([DATE])'' in its place; and
0
xxvi. Removing from paragraph (e)(1)(ii)(S) of Alternate II ``(MAY
2014)'' and adding ``([DATE])'' in its place.
The revisions read 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])
* * * * *
Alternate II ([DATE]). * * *
* * * * *
0
42. Amend section 52.213-4 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(2)(iv) ``(JAN 2017)'' and adding ``(JAN
2017).'' and removing from paragraph (a)(2)(viii) ``(JAN 2019)'' and
adding ``([DATE])'' in its place;
0
c. Revising paragraphs (b)(1)(i) through (iv), the first sentence of
paragraph (b)(1)(v), and revising paragraph (b)(1)(vi);
0
d. Removing from paragraph (b)(1)(xvii) introductory text ``threshold''
and adding ``threshold, as defined in FAR 2.101 on the date of award of
this contract,'' in its place; and
[[Page 29488]]
0
e. Revising paragraphs (b)(1)(xviii) and (b)(2)(ii).
The revisions read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) ([DATE])
* * * * *
(b) * * *
(1) * * *
(i) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards ([DATE]) (Pub. L. 109-282) (31 U.S.C. 6101 note)
(Applies to contracts valued at or above the threshold specified in FAR
4.1403(a) on the date of award of this contract).
(ii) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies (JAN 2018) (E.O. 13126) (Applies to contracts for supplies
exceeding the micro-purchase threshold, as defined in FAR 2.101 on the
date of award of this contract).
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and
Equipment ([DATE])(41 U.S.C. chapter 65) (Applies to supply contracts
over the threshold specified in FAR 22.602 on the date of award of this
contract, in the United States, Puerto Rico, or the U.S. Virgin
Islands).
(iv) 52.222-35, Equal Opportunity for Veterans ([DATE]) (38 U.S.C.
4212) (Applies to contracts valued at or above the threshold specified
in FAR 22.1303(a) on the date of award of this contract).
(v) 52.222-36, Equal Employment for Workers with Disabilities
([DATE])(29 U.S.C. 793) (Applies to contracts over the threshold
specified in FAR 22.1408(a) on the date of award of this contract,
unless the work is to be performed outside the United States by
employees recruited outside the United States). * * *
(vi) 52.222-37, Employment Reports on Veterans ([DATE])(38 U.S.C.
4212) (Applies to contracts valued at or above the threshold specified
in FAR 22.1303(a) on the date of award of this contract).
* * * * *
(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations ([DATE])(42 U.S.C. 1792) (Applies to contracts greater
than the threshold specified in FAR 26.404 on the date of award of this
contract, that provide for the provision, the service, or the sale of
food in the United States).
* * * * *
(2) * * *
(ii) 52.209-6, Protecting the Government's Interest When
Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment ([DATE])(Applies to contracts over the threshold specified in
FAR 9.405-2(b) on the date of award of this contract).
* * * * *
0
43. Amend section 52.214-26 by revising the date of the clause and
removing from paragraph (e) ``in FAR 15.403-4(a)(1) for submission of
certified cost or pricing data'' and adding ``for submission of
certified cost or pricing data in FAR 15.403-4(a)(1) on the date of
subcontract award'' in its place.
The revision reads as follows:
52.214-26 Audit and Records--Sealed Bidding.
* * * * *
Audit and Records--Sealed Bidding ([DATE])
* * * * *
0
44. Amend section 52.214-27 by revising the date of the clause and
removing from paragraph (a) ``at FAR 15.403-4(a)(1)'' and adding ``in
Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of
execution of the modification'' in its place.
The revision reads as follows:
52.214-27 Price Reduction for Defective Certified Cost or Pricing
Data--Modifications--Sealed Bidding.
* * * * *
Price Reduction for Defective Certified Cost or Pricing Data--
Modifications--Sealed Bidding ([DATE])
* * * * *
0
45. Amend section 52.214-28 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(1) ``at (FAR) 48 CFR 15.403-4(a)(1)''
and adding ``in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on
the date of execution of the modification'' in its place;
0
c. Removing from paragraph (b) ``at FAR 15.403-4(a)(1)'' twice and
adding ``in FAR 15.403-4(a)(1)'' in their places, respectively, and
adding a sentence to the end of the paragraph; and
0
d. Removing from paragraph (d) ``at FAR 15.403-4(a)(1)'' and adding
``in FAR 15.403-4(a)(1)'' in its place.
The revision and addition reads as follows:
52.214-28 Subcontractor Certified Cost or Pricing Data--
Modifications--Sealed Bidding.
* * * * *
Subcontractor Certified Cost or Pricing Data--Modifications--Sealed
Bidding ([DATE])
* * * * *
(b) * * * If the threshold for submission of certified cost or
pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation
as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed
threshold applies throughout the remaining term of the contract, unless
there is a subsequent threshold adjustment.
* * * * *
0
46. Amend section 52.215-2 by revising the date of the clause and
removing from paragraph (g) introductory text ``threshold'' and adding
``threshold, as defined in FAR 2.101 on the date of subcontract
award,'' in its place.
The revision reads as follows:
52.215-2 Audit and Records--Negotiation.
* * * * *
Audit and Records--Negotiation ([DATE])
* * * * *
0
47. Amend section 52.215-11 by revising the date of the clause and
removing from paragraph (a) ``at FAR 15.403-4'' and ``FAR 15.403-1''
and adding ``in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on
the date of execution of the modification'' and ``FAR 15.403-1(b)'' in
their places, respectively.
The revision reads as follows:
52.215-11 Price Reduction for Defective Certified Cost or Pricing
Data--Modifications.
* * * * *
Price Reduction for Defective Certified Cost or Pricing Data--
Modifications ([DATE])
* * * * *
0
48. Amend section 52.215-12 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a)--
0
i. Removing the first use of
``at FAR 15.403-4'' and adding ``in Federal Acquisition Regulation
(FAR) 15.403-4'' in its place;
0
ii. Removing ``at FAR 15.403-4, the Contractor'' and ``FAR 15.403-1''
and adding ``in FAR 15.403-4(a)(1), the Contractor'' and ``FAR 15.403-
1(b)'' in their places, respectively; and
0
iii. Adding a new sentence to the end of the paragraph; and
0
c. Revising paragraph (c) introductory text.
The revisions and addition reads as follows:
[[Page 29489]]
52.215-12 Subcontractor Certified Cost or Pricing Data.
* * * * *
Subcontractor Certified Cost or Pricing Data ([DATE])
* * * * *
(a) * * * If the threshold for submission of certified cost or
pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation
as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed
threshold applies throughout the remaining term of the contract, unless
there is a subsequent threshold adjustment.
* * * * *
(c) In each subcontract that, when entered into, exceeds the
threshold for submission of certified cost or pricing data in FAR
15.403-4(a)(1), the Contractor shall insert either--
* * * * *
0
49. Amend section 52.215-13 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(1) ``at FAR 15.403-4'' and adding ``in
Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of
execution of the modification'' in its place;
0
c. Removing from paragraph (b) ``at FAR 15.403-4'' twice and ``FAR
15.403-1'' and adding ``in FAR 15.403-4(a)(1)'' twice and ``FAR 15.403-
1(b)'' in their places, respectively, and adding a sentence to the end
of the paragraph; and
0
d. Removing from paragraph (d) ``at FAR 15.403-4'' and adding ``in FAR
15.403-4(a)(1)'' in its place.
The revision and addition reads as follows:
52.215-13 Subcontractor Certified Cost or Pricing Data--
Modifications.
* * * * *
Subcontractor Certified Cost or Pricing Data--Modifications ([DATE])
* * * * *
(b) * * * If the threshold for submission of certified cost or
pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation
as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed
threshold applies throughout the remaining term of the contract, unless
there is a subsequent threshold adjustment.
* * * * *
0
50. Amend section 52.215-14 by revising the date of the clause and
paragraph (c) to read as follows:
52.215-14 Integrity of Unit Prices.
* * * * *
Integrity of Unit Prices ([DATE])
* * * * *
(c) The Contractor shall insert the substance of this clause, less
paragraph (b), in all subcontracts for other than: acquisitions at or
below the simplified acquisition threshold, as defined in Federal
Acquisition Regulation (FAR) 2.101 on the date of subcontract award;
construction or architect-engineer services under FAR part 36; utility
services under FAR part 41; services where supplies are not required;
commercial items; and petroleum products.
* * * * *
0
51. Amend section 52.215-21 by revising the date of the clause and
paragraph (a)(1) introductory text to read as follows:
52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data--Modifications.
* * * * *
Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data--Modifications ([DATE])
* * * * *
(a) * * *
(1) In lieu of submitting certified cost or pricing data for
modifications under this contract, for price adjustments expected to
exceed the threshold set forth in Federal Acquisition Regulation (FAR)
15.403-4(a)(1) on the date of the agreement on price or the date of the
award, whichever is later, the Contractor may submit a written request
for exception by submitting the information described in the following
subparagraphs. If the threshold for submission of certified cost or
pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation
as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed
threshold applies throughout the remaining term of the contract, unless
there is a subsequent threshold adjustment. The Contracting Officer may
require additional supporting information, but only to the extent
necessary to determine whether an exception should be granted, and
whether the price is fair and reasonable--
* * * * *
0
52. Amend section 52.215-23 by--
0
a. Revising the date of the clause;
0
b. Removing from the defined term ``Subcontract'' ``FAR 2.101'' and
adding ``Federal Acquisition Regulation (FAR) 2.101'' in its place; and
0
c. Revising paragraph (f).
The revision reads as follows:
52.215-23 Limitations on Pass-Through Charges.
* * * * *
Limitations on Pass-Through Charges ([DATE])
* * * * *
(f) Flowdown. The Contractor shall insert the substance of this
clause, including this paragraph (f), in all cost-reimbursement
subcontracts under this contract that exceed the simplified acquisition
threshold, as defined in FAR 2.101 on the date of subcontract award,
except if the contract is with DoD, then insert in all cost-
reimbursement subcontracts and fixed-price subcontracts, except those
identified in FAR 15.408(n)(2)(i)(B)(2), that exceed the threshold for
obtaining cost or pricing data in FAR 15.403-4(a)(1) on the date of
subcontract award.
* * * * *
0
53. Amend section 52.219-9 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (d)(9) ``$700,000 ($1.5 million for
construction of any public facility)'' and adding ``the applicable
threshold specified in Federal Acquisition Regulation (FAR) 19.702(a)
on the date of subcontract award,'' in its place;
0
c. Removing from paragraph (d)(11)(iii) introductory text ``$150,000''
and adding ``the simplified acquisition threshold, as defined in FAR
2.101 on the date of subcontract award'' in its place;
0
d. Removing from paragraph (e)(6) ``threshold'' and adding
``threshold, as defined in FAR 2.101 on the date of subcontract
award,'' in its place;
0
e. Removing from paragraph (i) ``threshold in 19.702(a)'' and adding
``threshold in FAR 19.702(a)'' in its place;
0
f. Removing from paragraph (l)(2)(i)(C) ``$700,000 (over $1.5 million
for construction of a public facility) and'' and adding ``the
applicable threshold specified in FAR 19.702(a), and the contract'' in
its place;
0
g. Revising the date of Alternate III and removing from paragraph
(l)(2)(i)(C) of Alternate III ``$700,000 (over $1.5 million for
construction of a public facility) and'' and adding ``the applicable
threshold specified in FAR 19.702(a), and the contract'' in its place;
0
h. Revising the date of Alternate IV and removing from paragraph
(d)(9) of Alternate IV ``$700,000 ($1.5 million for construction of any
public facility)'' and adding ``the applicable threshold specified in
Federal Acquisition Regulation (FAR) 19.702(a) on the date of
subcontract award,'' in its place; and
0
i. Removing from paragraph (d)(11)(iii) introductory text of Alternate
IV ``$150,000'' and adding ``the simplified acquisition threshold, as
defined in FAR 2.101 on the date of subcontract award'' in its place.
[[Page 29490]]
The revisions read as follows:
52.219-9 Small Business Subcontracting Plan.
* * * * *
Small Business Subcontracting Plan ([DATE])
* * * * *
Alternate III ([DATE]). * * *
* * * * *
Alternate IV ([DATE]). * * *
* * * * *
0
54. Amend section 52.222-17 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (c)(3) ``(see FAR subpart 19.13)'' and
adding ``(see Federal Acquisition Regulation (FAR) subpart 19.13)'' in
its place; and
0
c. Removing from paragraph (l) ``threshold'' and adding ``threshold,
as defined in FAR 2.101 on the date of subcontract award,'' in its
place.
The revision reads as follows:
52.222-17 Nondisplacement of Qualified Workers.
* * * * *
Nondisplacement of Qualified Workers ([DATE])
* * * * *
0
55. Amend section 52.222-20 by revising the section heading, the clause
heading, and the date of the clause, and removing from the introductory
text ``$15,000'' and adding ``the threshold specified in Federal
Acquisition Regulation (FAR) 22.602 on the date of award of this
contract'' in its place.
The revisions read as follows:
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment.
* * * * *
Contracts for Materials, Supplies, Articles, and Equipment ([DATE])
* * * * *
0
56. Amend section 52.222-35 by--
0
a. Revising the date of the clause;
0
b. Removing from the defined term of paragraph (a) ``FAR'' and adding
``Federal Acquisition Regulation (FAR)'' in its place; and
0
c. Removing from paragraph (c) ``of $150,000 or more'' and adding
``valued at or above the threshold specified in FAR 22.1303(a) on the
date of subcontract award,'' in its place.
The revision reads as follows:
52.222-35 Equal Opportunity for Veterans.
* * * * *
Equal Opportunity for Veterans ([DATE])
* * * * *
0
57. Amend section 52.222-36 by revising the date of the clause and
removing from paragraph (b) ``$15,000'' and adding ``the threshold
specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the
date of subcontract award,'' in its place.
The revision reads as follows:
52.222-36 Equal Opportunity for Workers with Disabilities.
* * * * *
Equal Opportunity for Workers With Disabilities ([DATE])
* * * * *
0
58. Amend section 52.222-37 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a) ``FAR 22.1301'' and adding ``Federal
Acquisition Regulation (FAR) 22.1301'' in its place; and
0
c. Removing from paragraph (g) ``of $150,000 or more'' and adding
``valued at or above the threshold specified in FAR 22.1303(a) on the
date of subcontract award,'' in its place.
The revision reads as follows:
52.222-37 Employment Reports on Veterans.
* * * * *
Employment Reports on Veterans ([DATE])
* * * * *
0
60. Amend section 52.223-18 by revising the date of the clause and
removing from paragraph (d) ``threshold'' and adding ``threshold, as
defined in Federal Acquisition Regulation (FAR) 2.101 on the date of
subcontract award'' in its place.
The revision reads as follows:
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While
Driving.
* * * * *
Encouraging Contractor Policies To Ban Text Messaging While Driving
([DATE])
* * * * *
0
61. Amend section 52.225-25 by--
0
a. Revising the clause heading and date;
0
b. Removing from paragraph (c) introductory text ``with 25.703-4'' and
adding ``with Federal Acquisition Regulation (FAR) 25.703-4'' in its
place; and
0
c. Removing from paragraph (c)(3) ``$3,500'' and adding ``the
threshold at FAR 25.703-2(a)(2)'' in its place.
The revision reads as follows:
52.225-25 Prohibition on Contracting with Entities Engaging in
Certain Activities or Transactions Relating to Iran--Representation and
Certifications.
* * * * *
Prohibition on Contracting With Entities Engaging in Certain Activities
or Transactions Relating to Iran--Representation and Certifications
([DATE])
* * * * *
0
62. Amend section 52.226-6 by revising the heading and date of the
clause, and removing from paragraph (e) ``greater than $25,000'' and
adding ``that exceed the threshold specified in Federal Acquisition
Regulation (FAR) 26.404 on the date of subcontract award'' in its
place.
The revisions read as follows:
52.226-6 Promoting Excess Food Donation to Nonprofit Organizations.
* * * * *
Promoting Excess Food Donation to Nonprofit Organizations ([DATE])
* * * * *
0
63. Amend section 52.227-1 by revising the date of the clause and
removing from paragraph (b) ``threshold. However, omission of this
clause from any subcontract, including those at or below the simplified
acquisition threshold'' and adding ``threshold, as defined in Federal
Acquisition Regulation (FAR) 2.101 on the date of subcontract award.
However, omission of this clause from any subcontract, including those
at or below the simplified acquisition threshold, as defined in FAR
2.101 on the date of subcontract award'' in its place.
The revision reads as follows:
52.227-1 Authorization and Consent.
* * * * *
Authorization and Consent ([DATE])
* * * * *
0
64. Amend section 52.227-2 by revising the date of the clause and
removing from paragraph (c) ``threshold'' and adding ``threshold, as
defined in Federal Acquisition Regulation (FAR) 2.101 on the date of
subcontract award'' in its place.
The revision reads as follows:
52.227-2 Notice and Assistance Regarding Patent and Copyright
Infringement.
* * * * *
Notice and Assistance Regarding Patent and Copyright Infringement
([DATE])
* * * * *
0
65. Amend section 52.227-3 by revising the date of Alternate III and
removing from the undesignated paragraph of Alternate III ``threshold''
and adding ``threshold, as defined in Federal Acquisition Regulation
(FAR) 2.101 on the date of subcontract award,'' in its place.
[[Page 29491]]
The revision reads as follows:
52.227-3 Patent Indemnity.
* * * * *
Alternate III ([DATE]). * * *
* * * * *
0
66. Amend section 52.228-15 by revising the date of the clause and
removing from paragraph (b) ``$150,000 or less'' and adding ``valued at
or below the threshold specified in Federal Acquisition Regulation
(FAR) 28.102-1(a) on the date of award of this contract'' in its place.
The revision reads as follows:
52.228-15 Performance and Payment Bonds--Construction.
* * * * *
Performance and Payment Bonds--Construction ([DATE])
* * * * *
0
67. Amend section 52.230-1 by--
0
a. Removing from the provision prescription reference ``30.201-3'' and
adding ``30.201-3(a)'' in its place;
0
b. Revising the date of the provision; and
0
c. Removing from paragraph (a) ``$750,000'' and adding ``the lower CAS
threshold specified in Federal Acquisition Regulation (FAR) 30.201-
4(b)'' in its place.
The revision reads as follows:
52.230-1 Cost Accounting Standards Notices and Certification.
* * * * *
Cost Accounting Standards Notices and Certification ([DATE])
* * * * *
0
68. Amend section 52.230-2 by revising the date of the clause, and
removing from paragraph (d) ``Federal Acquisition Regulation'' and
``$750,000'' and adding ``Federal Acquisition Regulation (FAR)'' and
``the lower CAS threshold specified in FAR 30.201-4(b) on the date of
subcontract award'' in their places, respectively.
The revision reads as follows:
52.230-2 Cost Accounting Standards.
* * * * *
Cost Accounting Standards ([DATE])
* * * * *
0
69. Amend section 52.230-3 by revising the date of the clause, and
removing from paragraph (d)(2) ``$750,000'' and adding ``the lower CAS
threshold specified in Federal Acquisition Regulation (FAR) 30.201-4(b)
on the date of subcontract award'' in its place.
The revision reads as follows:
52.230-3 Disclosure and Consistency of Cost Accounting Practices.
* * * * *
Disclosure and Consistency of Cost Accounting Practices ([DATE])
* * * * *
0
70. Amend section 52.230-4 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (d)(1) ``FAR 30.201-4'' and adding
``Federal Acquisition Regulation (FAR) 30.201-4'' in its place; and
0
c. Removing from paragraph (d)(2) ``$750,000'' and adding ``the lower
CAS threshold specified in FAR 30.201-4(b) on the date of subcontract
award'' in its place.
The revision 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])
* * * * *
0
71. Amend section 52.230-5 by revising the date of the clause, and
removing from paragraph (d)(2) ``$750,000'' and adding ``the lower CAS
threshold specified in Federal Acquisition Regulation (FAR) 30.201-4(b)
on the date of subcontract award'' in its place.
The revision reads as follows:
52.230-5 Cost Accounting Standards--Educational Institution.
* * * * *
Cost Accounting Standards--Educational Institution ([DATE])
* * * * *
0
72. Amend section 52.232-16 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(1) ``FAR 31.205-10'' and adding
``Federal Acquisition Regulation (FAR) 31.205-10'' in its place;
0
c. Revising the date of Alternate III and removing from paragraph (n)
of Alternate III ``threshold'' and adding ``threshold, as defined in
FAR 2.101 on the date of individual order award'' in its place.
The revision reads as follows:
52.232-16 Progress Payments.
* * * * *
Progress Payments ([DATE])
* * * * *
Alternate III ([DATE]). * * *
* * * * *
0
73. Amend section 52.244-2 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraphs (c)(2)(i) and (ii) ``threshold'' and
adding ``threshold, as defined in FAR 2.101 on the date of subcontract
award,'' in their places, respectively;
0
c. Revising the date of Alternate I and removing from paragraph (e)(2)
of Alternate I ``threshold'' and adding ``threshold, as defined in FAR
2.101 on the date of subcontract award,'' in its place.
The revisions read as follows:
52.244-2 Subcontracts.
* * * * *
Subcontracts ([DATE])
* * * * *
Alternate I ([DATE]). * * *
* * * * *
0
74. Amend section 52.244-6 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a) in the defined term ``Commercial item
and commercially available off-the-shelf item'' ``Federal Acquisition
Regulation 2.101, Definitions'' and adding ``Federal Acquisition
Regulation (FAR) 2.101,'' in its place;
0
c. Removing from paragraph (c)(1)(i) ``(Oct 2015)'' and ``$5.5
million'' and adding ``([DATE])'' and ``the threshold specified in FAR
3.1004(a) on the date of subcontract award,'' in their places,
respectively;
0
d. Removing from paragraph (c)(1)(vi) ``$700,000 ($1.5 million for
construction of any public facility)'' and adding ``the applicable
threshold specified in FAR 19.702(a) on the date of subcontract award''
in its place;
0
e. Removing from paragraph (c)(1)(ix) ``(Oct 2015)'' and ``;'' and
adding ``([DATE])'' and ``.'' in their places, respectively;
0
f. Removing from paragraph (c)(1)(x) ``(July 2014)'' and adding
``([DATE])'' in its place; and
0
g. Removing from paragraph (c)(1)(xi) ``(FEB 2016)'' and adding
``([DATE])'' in its place;
The revisions read as follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items ([DATE])
* * * * *
0
75. Amend section 52.248-1 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (i)(5) ``Federal Acquisition Regulation''
and adding ``Federal Acquisition Regulation (FAR)'' in its place; and
0
c. Removing from paragraph (l) ``of $150,000 or more'' and adding
``valued
[[Page 29492]]
at or above the simplified acquisition threshold, as defined in FAR
2.101 on the date of subcontract award,'' in its place.
The revision reads as follows:
52.248-1 Value Engineering.
* * * * *
Value Engineering ([DATE])
* * * * *
[FR Doc. 2019-12480 Filed 6-21-19; 8:45 am]
BILLING CODE 6820-EP-P