Federal Acquisition Regulation; Federal Acquisition Circular 2021-04; Introduction, 6180 [2021-00708]

Download as PDF 6180 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations Maximizing Use of American-Made Goods, Products, and Materials (FAR Case 2019–016) DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket No. FAR–2021–0051, Sequence No. 1] Federal Acquisition Regulation; Federal Acquisition Circular 2021–04; Introduction Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCY: ACTION: Summary presentation of final rule. This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2021–04. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. SUMMARY: For effective dates see the separate documents, which follow. DATES: Ms. Zenaida Delgado, Procurement Analyst, at 202–969–7207 or zenaida.delgado@ gsa.gov for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202– 501–4755 or GSARegSec@gsa.gov. Please cite FAC 2021–04, FAR Case 2019–016. FOR FURTHER INFORMATION CONTACT: RULES LISTED IN FAC 2021–04 Subject FAR case Maximizing Use of AmericanMade Goods, Products and Materials ......................................... 2019–016 The FAC, including the SECG, is available via the internet at https://www.regulations.gov. khammond on DSKJM1Z7X2PROD with RULES11 ADDRESSES: A summary for the FAR rule follows. For the actual revisions and/or amendments by this FAR rule, refer to the specific item numbers and subjects set forth in the documents following this summary. FAC 2021–04 amends the FAR as follows: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 21:32 Jan 17, 2021 Jkt 253001 This final rule strengthens domestic preferences under the Buy American statute by making adjustments to the required percentage of domestic content and the existing percentages for the price evaluation preferences in an effort to decrease the amount of foreignsourced content in a U.S. manufactured product to promote economic and national security, help stimulate economic growth, and create jobs. The price evaluation preferences increase from 6 percent to 20 percent for large business and from 12 percent to 30 percent for small business; for DoD procurements there is no change to the DoD 50 percent amount. The domestic content requirement for iron and steel increases from 50 percent to 95 percent; for other end products and construction materials, the domestic content requirement increases from 50 percent to 55 percent. Foreign iron and steel is iron or steel products that are not produced in the United States. The rule implements E.O. 13881, Maximizing Use of American-Made Goods, Products, and Materials. This final rule will not have a significant economic impact on a substantial number of small entities. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Federal Acquisition Circular (FAC) 2021–04 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator of National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2021–04 is effective January 19, 2021. John M. Tenaglia, Principal Director, Defense Pricing and Contracting, Department of Defense. Jeffrey A. Koses, Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, U.S. General Services Administration. William G. Roets, II, Acting Assistant Administrator, Office of Procurement, National Aeronautics and Space Administration. [FR Doc. 2021–00708 Filed 1–15–21; 8:45 am] BILLING CODE 6820–EP–P PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 12, 25, and 52 [FAC 2021–04; FAR Case 2019–016; Docket No. FAR–2019–0016, Sequence No. 1] RIN 9000–AN99 Federal Acquisition Regulation: Maximizing Use of American-Made Goods, Products, and Materials Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement an Executive order (E.O.) addressing domestic preferences in Government procurement. DATES: Effective: January 21, 2021. Applicability: The changes in this rule apply to solicitations issued on or after February 22, 2021 and resultant contracts. SUMMARY: Ms. Zenaida Delgado, Procurement Analyst, at 202–969–7207 or zenaida.delgado@ gsa.gov for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202– 501–4755 or GSARegSec@gsa.gov. Please cite FAC 2021–04, FAR Case 2019–016. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background DoD, GSA, and NASA published a proposed rule at 85 FR 56558 on September 14, 2020, to implement E.O. 13881, Maximizing Use of AmericanMade Goods, Products, and Materials (84 FR 34257, July 18, 2019). In order to implement the E.O., this final rule changes FAR clauses implementing the Buy American statute by increasing the— 1. Domestic content requirements; and 2. Price preference for domestic products. Increased Domestic Content Requirements Under E.O. 13881, and this final rule, in order to meet the definition of ‘‘domestic construction material’’ or ‘‘domestic end product,’’ the cost of E:\FR\FM\19JAR11.SGM 19JAR11

Agencies

[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Rules and Regulations]
[Page 6180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00708]



[[Page 6179]]

Vol. 86

Tuesday,

No. 11

January 19, 2021

Part XI





Department of Defense





General Services Administration





National Aeronautics and Space Administration





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48 CFR Chapter 1





Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 86 , No. 11 / Tuesday, January 19, 2021 / 
Rules and Regulations

[[Page 6180]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR-2021-0051, Sequence No. 1]


Federal Acquisition Regulation; Federal Acquisition Circular 
2021-04; Introduction

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

ACTION: Summary presentation of final rule.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the 
Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2021-04. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC.

DATES: For effective dates see the separate documents, which follow.

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement 
Analyst, at 202-969-7207 or [email protected] for clarification 
of content. For information pertaining to status or publication 
schedules, contact the Regulatory Secretariat Division at 202-501-4755 
or [email protected]. Please cite FAC 2021-04, FAR Case 2019-016.

                       Rules Listed in FAC 2021-04
------------------------------------------------------------------------
                           Subject                              FAR case
------------------------------------------------------------------------
Maximizing Use of American-Made Goods, Products and Materials   2019-016
------------------------------------------------------------------------


ADDRESSES: The FAC, including the SECG, is available via the internet 
at https://www.regulations.gov.

SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the 
actual revisions and/or amendments by this FAR rule, refer to the 
specific item numbers and subjects set forth in the documents following 
this summary. FAC 2021-04 amends the FAR as follows:

Maximizing Use of American-Made Goods, Products, and Materials (FAR 
Case 2019-016)

    This final rule strengthens domestic preferences under the Buy 
American statute by making adjustments to the required percentage of 
domestic content and the existing percentages for the price evaluation 
preferences in an effort to decrease the amount of foreign-sourced 
content in a U.S. manufactured product to promote economic and national 
security, help stimulate economic growth, and create jobs. The price 
evaluation preferences increase from 6 percent to 20 percent for large 
business and from 12 percent to 30 percent for small business; for DoD 
procurements there is no change to the DoD 50 percent amount. The 
domestic content requirement for iron and steel increases from 50 
percent to 95 percent; for other end products and construction 
materials, the domestic content requirement increases from 50 percent 
to 55 percent. Foreign iron and steel is iron or steel products that 
are not produced in the United States. The rule implements E.O. 13881, 
Maximizing Use of American-Made Goods, Products, and Materials. This 
final rule will not have a significant economic impact on a substantial 
number of small entities.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2021-04 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator of National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2021-04 is 
effective January 19, 2021.

John M. Tenaglia,
Principal Director, Defense Pricing and Contracting, Department of 
Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, 
U.S. General Services Administration.

William G. Roets, II,
Acting Assistant Administrator, Office of Procurement, National 
Aeronautics and Space Administration.
[FR Doc. 2021-00708 Filed 1-15-21; 8:45 am]
BILLING CODE 6820-EP-P