Federal Acquisition Regulation; Federal Acquisition Circular 2022-05; Introduction, 12780 [2022-04179]
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12780
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2022–0051, Sequence No.
2]
Federal Acquisition Regulation;
Federal Acquisition Circular 2022–05;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Summary presentation of a final
rule.
AGENCY:
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) 2022–05. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC.
DATES: For effective date see the
separate documents, which follow.
FOR FURTHER INFORMATION CONTACT: Ms.
Mahruba Uddowla, Procurement
Analyst, at 703–605–2868 or by email at
mahruba.uddowla@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
2022–05, FAR Case 2021–008.
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SUMMARY:
Ensuring the Future Is Made in All of
America by All of America’s Workers.
Upon the October 25, 2022, effective
date, this final FAR rule changes the
domestic content threshold to 60
percent immediately, then to 65 percent
for items delivered starting in calendar
year 2024, and then to 75 percent for
items delivered starting in calendar year
2029. While a supplier that is awarded
a contract with a period of performance
that spans this schedule of domestic
content threshold increases will be
required to comply with each increased
threshold for the items in the year of
delivery, this rule allows for the agency
senior procurement executive to apply
an alternate domestic content test under
which the contractor would be required
to comply with the domestic content
threshold in place at time of award for
the entire life of the contract.
This final rule also creates a fallback
threshold that would allow for products
and construction material meeting a 55
percent domestic content threshold to
qualify as ‘‘domestic’’ under certain
circumstances.
In addition, the final rule creates a
framework for application of an
enhanced price preference for a
domestic product/domestic construction
material that is considered a critical
item or made up of critical components.
The list of critical items and critical
components, along with the associated
enhanced price preference, will be
incorporated in the FAR through
separate rulemaking.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC)
2022–05 is issued under the authority of
RULE LISTED IN FAC 2022–05
the Secretary of Defense, the
Administrator of General Services, and
Subject
FAR case the Administrator of National
Aeronautics and Space Administration.
Amendments to the FAR Buy
Unless otherwise specified, all
American Act—Requirements
2021–008
Federal Acquisition Regulation (FAR)
and other directive material contained
ADDRESSES: The FAC, including the
in FAC 2022–05 is effective March 7,
SECG, is available at https://
2022 except for FAR Case 2021–008,
www.regulations.gov.
which is effective October 25, 2022.
SUPPLEMENTARY INFORMATION: A
John M. Tenaglia,
summary for the FAR rule follows. For
Principal Director, Defense Pricing and
the actual revisions and/or amendments Contracting, Department of Defense.
made by this FAR rule, refer to the
Jeffrey A. Koses,
specific subject set forth in the
Senior Procurement Executive/Deputy CAO,
document following this summary. FAC Office of Acquisition Policy, U.S. General
Services Administration.
2022–05 amends the FAR as follows:
Amendments to the FAR Buy American
Act Requirements (FAR Case 2021–008)
This final rule amends the Federal
Acquisition Regulation (FAR) to
implement section 8 of E.O. 14005,
VerDate Sep<11>2014
18:01 Mar 04, 2022
Jkt 256001
Karla Smith Jackson,
Assistant Administrator for Procurement,
Senior Procurement Executive, National
Aeronautics and Space Administration.
[FR Doc. 2022–04179 Filed 3–4–22; 8:45 am]
BILLING CODE 6820–EP–P
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 13, 25 and 52
[FAC 2022–05; FAR Case 2021–008, Docket
No. 2021–0008, Sequence No. 1]
RIN 9000–AO22
Federal Acquisition Regulation:
Amendments to the FAR Buy American
Act Requirements
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
addressing domestic preferences in
Government procurement.
DATES: Effective: October 25, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Mahruba Uddowla, Procurement
Analyst, at 703–605–2868 or by email at
mahruba.uddowla@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
2022–05, FAR Case 2021–008.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In his first week in office, President
Biden signed Executive Order (E.O.)
14005, Ensuring the Future is Made in
All of America by All of America’s
Workers, launching a whole-ofGovernment initiative to strengthen the
use of Federal procurement to support
American manufacturing. With over
$600 billion in annual procurement
spending, almost half of which is in
manufactured products from helicopter
blades to trucks to office furniture, the
Federal Government is a major buyer in
a number of markets for goods and
services and the single largest purchaser
of consumer goods in the world.
Leveraging that purchasing power to
shape markets and accelerate innovation
is a key part of the Administration’s
industrial strategy (https://www.atlantic
council.org/commentary/transcript/
brian-deese-on-bidens-vision-for-atwenty-first-century-americanindustrial-strategy/) to grow the
E:\FR\FM\07MRR2.SGM
07MRR2
]]>Agencies
[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Rules and Regulations]
[Page 12780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04179]
[[Page 12779]]
Vol. 87
Monday,
No. 44
March 7, 2022
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Chapter 1
Federal Acquisition Regulations; Final Rules
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules
and Regulations
[[Page 12780]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2022-0051, Sequence No. 2]
Federal Acquisition Regulation; Federal Acquisition Circular
2022-05; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of a final rule.
-----------------------------------------------------------------------
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) 2022-05. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC.
DATES: For effective date see the separate documents, which follow.
FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement
Analyst, at 703-605-2868 or by email at [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 2022-05, FAR Case
2021-008.
Rule Listed in FAC 2022-05
------------------------------------------------------------------------
Subject FAR case
------------------------------------------------------------------------
Amendments to the FAR Buy American Act--Requirements........ 2021-008
------------------------------------------------------------------------
ADDRESSES: The FAC, including the SECG, is available at https://www.regulations.gov.
SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the
actual revisions and/or amendments made by this FAR rule, refer to the
specific subject set forth in the document following this summary. FAC
2022-05 amends the FAR as follows:
Amendments to the FAR Buy American Act Requirements (FAR Case 2021-008)
This final rule amends the Federal Acquisition Regulation (FAR) to
implement section 8 of E.O. 14005, Ensuring the Future Is Made in All
of America by All of America's Workers. Upon the October 25, 2022,
effective date, this final FAR rule changes the domestic content
threshold to 60 percent immediately, then to 65 percent for items
delivered starting in calendar year 2024, and then to 75 percent for
items delivered starting in calendar year 2029. While a supplier that
is awarded a contract with a period of performance that spans this
schedule of domestic content threshold increases will be required to
comply with each increased threshold for the items in the year of
delivery, this rule allows for the agency senior procurement executive
to apply an alternate domestic content test under which the contractor
would be required to comply with the domestic content threshold in
place at time of award for the entire life of the contract.
This final rule also creates a fallback threshold that would allow
for products and construction material meeting a 55 percent domestic
content threshold to qualify as ``domestic'' under certain
circumstances.
In addition, the final rule creates a framework for application of
an enhanced price preference for a domestic product/domestic
construction material that is considered a critical item or made up of
critical components. The list of critical items and critical
components, along with the associated enhanced price preference, will
be incorporated in the FAR through separate rulemaking.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2022-05 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 2022-05 is
effective March 7, 2022 except for FAR Case 2021-008, which is
effective October 25, 2022.
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.
Karla Smith Jackson,
Assistant Administrator for Procurement, Senior Procurement
Executive, National Aeronautics and Space Administration.
[FR Doc. 2022-04179 Filed 3-4-22; 8:45 am]
BILLING CODE 6820-EP-P
