[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Rules and Regulations]
[Pages 24192-24253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08744]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

[FAC 2005-73; FAR Case 2011-018; Item I; Docket 2011-0018, Sequence 1]
RIN 9000-AM30


Federal Acquisition Regulation; Positive Law Codification of 
Title 41

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

ACTION: Final rule.

-----------------------------------------------------------------------

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

DATES: Effective: May 29, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement 
Analyst, at 202-501-3221 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory

[[Page 24193]]

Secretariat at 202-501-4755. Please cite FAC 2005-73, FAR Case 2011-
018.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 77 FR 57950 on September 18, 2012, to implement the 
positive law codification of Title 41, United States Code, ``Public 
Contracts'' (Pub. L. 111-350). Changes to standard forms were published 
in a correction document in the Federal Register at 77 FR 60343 on 
October 3, 2012.
    Furthermore, the rule proposed further updates to complete the 
implementation of the recodification of title 40 in the FAR (see final 
rule under FAR Case 2005-010, Title 40 of United States Code Reference 
Corrections, published in the Federal Register at 70 FR 57453 on 
September 30, 2005).
    The proposed rule included the following:
    1. Changes to citations (e.g., ``41 U.S.C. 10a-10d'' now reads ``41 
U.S.C. chapter 83'').
    2. Changes to the popular names of the Acts (e.g., the ``Service 
Contract Act of 1965'' is now the ``Service Contract Labor Standards 
statute''). A table providing the popular names of the Acts, the 
present statutory citation, and the new titles of the statutes appears 
at FAR 1.110. This table covers Acts under both Titles 40 and 41.
    3. Changes to terminology which did not involve substantive changes 
to the meaning of the statutes.
    4. Numerous minor corrections to the FAR apart from the changes 
directly due to the recodification, such as corrections to references 
to Title 10 of the United States Code; addition of codification 
citations are added for authorization acts, appropriations acts, and 
other public laws.
    Two respondents submitted comments on the proposed rule.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the comments in the 
development of the final rule. A discussion of the comments and the 
changes made to the rule as a result of those comments are provided as 
follows:

A. Summary of Significant Changes

    There are no changes in the final rule from those proposed, other 
than minor edits.

B. Analysis of Public Comments

1. Changes to the Popular Names of the Acts
a. Davis-Bacon Act
    Comment: One respondent was particularly concerned about removal of 
references to the Davis-Bacon Act. The respondent stated that there was 
no mandate to remove references to the Davis-Bacon Act from the FAR. 
The 2005 rulemaking, which amended the FAR to correct the statutory 
references to Title 40, was sufficient. The respondent also stated that 
the new phrase ``Wage Rate Requirements (Construction)'' does not 
appear in the statutory text itself, although the subchapter heading is 
``Wage Rate Requirements.''
    Furthermore, the respondent was concerned that the Department of 
Labor has not made similar changes in the Department of Labor 
regulations, which will result in confusion.
    Response: The codifications of Title 40 and Title 41 have removed 
all references to the popular names of the statutes codified therein. 
There are also conforming changes to other titles of the United States 
Code, to likewise remove the use of the popular names throughout the 
United States Code. When the Councils decided that the change was 
necessary for conformity to the United States Code, the 2005 case was 
reviewed and conforming changes to the statutory titles in Title 40 
were included in this case. Future changes to these sections of the 
United States Code will no longer be in terms of the old statutes, but 
in terms of the new codification. Therefore, the old popular names will 
gradually have little meaning to the newer workforce. As an aid to 
recognition of new statutory citations, the headings have been used to 
identify the statutes. In the case of ``Wage Rate Requirements,'' it 
appeared too generic, possibly leading to confusion with the wage rate 
requirements under the Service Contract Labor Standards statute. 
Therefore, when citing the title for 40 U.S.C. chapter 31, Subchapter 
IV, ``(Construction)'' has been added in parentheses, and when citing 
the statute, the regulations refer to it as the Construction Wage Rate 
Requirements statute.
    The Department of Labor has confirmed that it is in the process of 
updating its regulations to conform to the codification of Titles 40 
and 41.
b. Procurement Integrity Act and Truth in Negotiations Act
    Comment: One respondent comments that changing the name of the 
``Procurement Integrity Act'' to ``Restrictions on Obtaining and 
Disclosing Certain Information'' seems to take personal integrity as a 
government contractor or employee out of the picture and replace it 
with compliance with applicable rules. The respondent also expressed 
concern that the change in the title of the ``Truth in Negotiations 
Act'' to ``Truthful Cost or Pricing Data'' indicates that the 
Government does not care about dishonest or misleading conduct in 
negotiations as long as the underlying data is truthful.
    Response: The codification did not change the substance of the 
statutes, just the titles. The FAR did not create these titles but is 
reflecting the new statutory chapter titles in Title 41, as enacted 
into law.
2. Terminology Changes
    Comment: One respondent stated that some of the changes in the 
proposed rule indicate that the agencies no longer are interested in 
honesty in fact, but only in compliance with the law. According to the 
respondent, the Government is more interested in minor technicalities 
than the many serious issues necessary to maintain an honest and open 
procurement system.
    Response: The Defense Acquisition Regulations Council and the 
Civilian Agencies Acquisition Council (the Councils) continue to 
demonstrate an ongoing interest in the serious issues relating to 
honesty and openness in procurement, and important issues such as 
personal and organizational conflicts of interest, fairness and 
integrity in competition, and collection of data in the Federal Awardee 
Procurement Integrity Information System. However, the acquisition 
regulations must also stay current with all statutory changes, 
Executive orders, the regulations of other agencies (e.g., the 
Department of Labor and the Small Business Administration), finance and 
pricing issues, international agreements, and systems changes, as well 
as making any necessary technical corrections to ensure the accuracy of 
the regulations.
    The positive law codification of Title 41 did not involve any 
substantive changes to the meaning of the statutes. Nevertheless, the 
Councils undertook the effort to make all necessary changes to the FAR 
to make it consistent with Title 41, including terminology changes. 
Making a small change to maintain consistency with a statute does not 
indicate a lack of concern for the substantive issues.

[[Page 24194]]

C. Other Changes

    There are no other substantive changes in the final rule from those 
proposed.

III. 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. 
The Office of Information and Regulatory Affairs (OIRA) has determined 
that this rule is not a significant regulatory action under section 
6(a)(3)(A) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993. Therefore, this rule was not subject to OIRA review 
under section 6(b) of E.O. 12866. OIRA has determined that this rule is 
not a major rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the rule does not 
change or add any policies or procedures. The rule merely updates 
references and terminology.

V. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; 
however these changes to the FAR do not imposed additional information 
collection requirements to the paperwork burden previously approved 
under the Office of Management and Budget (OMB) Control Numbers 9000-
0014, titled: Statement and Acknowledgment (SF 1413); 9000-0024, 
titled: Buy American Act Certificate; 9000-0025, titled: Buy American 
Act, Trade Agreements Act Certificate; 9000-0035, titled: Claims and 
Appeals; 9000-0045, titled: Bid Guarantees, Performance, and Payments 
Bonds; 9000-0070, titled: Payments; 9000-0089, titled: Request for 
Authorization of Additional Classification and Rate; 9000-0090, titled: 
Rights in Data and Copyrights; 9000-0091, titled: Anti-Kickback 
Procedures; 9000-0094, titled: Debarment and Suspension; 9000-0102, 
titled: Prompt Payment; 9000-0113, titled: Acquisition of Helium; 9000-
0130, titled: Buy American Act-Free Trade Agreements--Israeli Trade Act 
Certificate; 9000-0135, titled: Prospective Subcontractor Requests for 
Bonds; 9000-0136, titled: Commercial Item Acquisitions; 9000-0138, 
titled: Contract Financing; 9000-0139, titled: Federal Acquisition and 
Community Right-to-know; 9000-0141, titled: Buy American--Construction; 
and 9000-0154, titled: Davis-Bacon Act--Price Adjustment (Actual 
Method).

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

    Government procurement.

    Dated: April 11, 2014.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-wide Policy.
    Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 2, 3, 4, 5, 6, 
7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 
28, 30, 31, 32, 33, 36, 37, 38, 39, 41, 42, 43, 44, 46, 47, 48, 50, 51, 
52, and 53 as set forth below:

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
1. The authority citation for 48 CFR parts 1, 2, 3, 4 and 5 continues 
to read as follows:

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


0
2. Amend section 1.103 by revising paragraph (a) to read as follows:


1.103  Authority.

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


1.106  [Amended]

0
3. Amend section 1.106 by removing from the introductory text ``(Pub. 
L. 96-511)'' and adding ``(44 U.S.C. chapter 35)'' in its place.


0
4. Amend section 1.107 by revising the introductory text to read as 
follows:


1.107  Certifications.

    In accordance with 41 U.S.C. 1304, a new requirement for a 
certification by a contractor or offeror may not be included in this 
chapter unless--
* * * * *

0
5. Amend section 1.109 by removing from paragraph (a) ``41 U.S.C. 
431a'' and adding ``41 U.S.C. 1908'' in its place; and revising 
paragraph (c) to read as follows:


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

* * * * *
    (c) The statute does not permit escalation of acquisition-related 
dollar thresholds established by:
    (1) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements 
(Construction);
    (2) 41 U.S.C. chapter 67, Service Contract Labor Standards; or
    (3) The United States Trade Representative pursuant to the 
authority of the Trade Agreements Act of 1979 (19 U.S.C. 2511 et seq.).
* * * * *

0
6. Add section 1.110 to subpart 1.1 to read as follows:


1.110  Positive law codification.

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

------------------------------------------------------------------------
                                  Division/chapter/
    Historical title of act          subchapter             Title
------------------------------------------------------------------------
Anti-Kickback Act..............  41 U.S.C. chapter   Kickbacks.
                                  87.
Brooks Architect-Engineer Act..  40 U.S.C. chapter   Selection of
                                  11.                 Architects and
                                                      Engineers.
Buy American Act...............  41 U.S.C. chapter   Buy American.
                                  83.
Contract Disputes Act of 1978..  41 U.S.C. chapter   Contract Disputes.
                                  71.
Contract Work Hours and Safety   40 U.S.C. chapter   Contract Work Hours
 Standards Act.                   37.                 and Safety
                                                      Standards.
Davis-Bacon Act................  40 U.S.C. chapter   Wage Rate
                                  31, Subchapter IV.  Requirements
                                                      (Construction).

[[Page 24195]]

 
Drug-Free Workplace Act........  41 U.S.C. chapter   Drug-Free
                                  81.                 Workplace.
Federal Property and             41 U.S.C. Div. C    Procurement.
 Administrative Services Act of   of subtitle I \1\.
 1949, Title III.
Javits-Wagner-O'Day Act........  41 U.S.C. chapter   Committee for
                                  85.                 Purchase from
                                                      People Who Are
                                                      Blind or Severely
                                                      Disabled.
Miller Act.....................  40 U.S.C. chapter   Bonds.
                                  31, subchapter
                                  III.
Office of Federal Procurement    41 U.S.C. Div. B    Office of Federal
 Policy Act.                      of subtitle I \2\.  Procurement
                                                      Policy.
Procurement Integrity Act......  41 U.S.C. chapter   Restrictions on
                                  21.                 Obtaining and
                                                      Disclosing Certain
                                                      Information.
Service Contract Act of 1965...  41 U.S.C. chapter   Service Contract
                                  67.                 Labor Standards.
Truth in Negotiations Act......  41 U.S.C. chapter   Truthful Cost or
                                  35.                 Pricing Data.
Walsh-Healey Public Contracts    41 U.S.C. chapter   Contracts for
 Act.                             65.                 Materials,
                                                      Supplies,
                                                      Articles, and
                                                      Equipment
                                                      Exceeding $15,000.
------------------------------------------------------------------------
\1\ Except sections 3302, 3501(b), 3509, 3906, 4710, and 4711.
\2\ Except sections 1704 and 2303.


0
7. Amend section 1.301 by revising the first sentence of paragraph (b) 
to read as follows:


1.301  Policy.

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


1.501-1  [Amended]

0
8. Amend section 1.501-1 by removing from the first sentence ``having a 
significant'' and adding ``and which have a significant'' in its place.


1.602-3  [Amended]

0
9. Amend section 1.602-3 by removing from paragraph (b)(5) ``under the 
Contract Disputes Act of 1978'' and adding ``under 41 U.S.C. chapter 
71, Contract Disputes,'' in its place.


1.603-1  [Amended]

0
10. Amend section 1.603-1 by removing ``Subsection 414(4) of Title 41, 
United States Code,'' and adding ``41 U.S.C. 1702(b)(3)(F)'' in its 
place.

PART 2--DEFINITIONS OF WORDS AND TERMS

0
11. Amend section 2.101 in paragraph (b) by--
0
a. Removing from the definition ``Certified cost or pricing data'' the 
citation ``41 U.S.C. 254b)'' and adding ``41 U.S.C. chapter 35)'' in 
its place;
0
b. Removing from the definition ``Chief Acquisition Officer'' the words 
``the Services Acquisition Reform Act of 2003, Section 1421 of Public 
Law 108-136'' and adding ``41 U.S.C. 1702'' in its place;
0
c. Removing from the definition ``Claim'' the words ``the Contract 
Disputes Act of 1978'' and ``by the Act'' and adding ``41 U.S.C. 
chapter 71, Contract Disputes,'' and ``by the statute'' in their place, 
respectively;
0
d. Removing from the first sentence of the definition ``Cost or pricing 
data'' the words ``41 U.S.C. 254b)'' and adding ``41 U.S.C. chapter 
35)'' in its place;
0
e. Removing from the definition ``Humanitarian or peacekeeping 
operation'' the words ``41 U.S.C. 259(d)'' and adding ``41 U.S.C. 
153(2)'' in its place;
0
f. Revising the definition ``Ineligible'';
0
g. Removing from the definition ``Major system'', in paragraph (3), 
``41 U.S.C. 403'' and adding ``41 U.S.C. 109'' in its place;
0
h. Revising the definition ``Micro-purchase threshold'';
0
i. Revising the definition ``Senior procurement executive'';
0
j. Removing from the definition ``Simplified acquisition threshold'' in 
the introductory text, ``(41 U.S.C. 428a)'' and adding ``(41 U.S.C. 
1903)'' in its place;
0
k. Removing from the definition ``Technical data'' the words ``(See 41 
U.S.C. 403(8))'' and adding ``(See 41 U.S.C. 116)'' in its place; and
0
l. Revising the definition ``Value engineering'' to read as follows:


2.101  Definitions.

* * * * *
    (b) * * *
    (2) * * *
    Ineligible means excluded from Government contracting (and 
subcontracting, if appropriate) pursuant to statutory, Executive order, 
or regulatory authority other than this regulation (48 CFR chapter 1) 
and its implementing and supplementing regulations; for example, 
pursuant to--
    (1) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements 
(Construction), and its related statutes and implementing regulations;
    (2) 41 U.S.C. chapter 67, Service Contract Labor Standards;
    (3) The Equal Employment Opportunity Acts and Executive orders;
    (4) 41 U.S.C. chapter 65, Contracts for Material, Supplies, 
Articles, and Equipment Exceeding $15,000;
    (5) 41 U.S.C. chapter 83, Buy American; or
    (6) The Environmental Protection Acts and Executive orders.
* * * * *
    Micro-purchase threshold means $3,000, except it means--
    (1) For acquisitions of construction subject to 40 U.S.C. chapter 
31, subchapter IV, Wage Rate Requirements (Construction), $2,000;
    (2) For acquisitions of services subject to 41 U.S.C. chapter 67, 
Service Contract Labor Standards, $2,500; and
    (3) For acquisitions of supplies or services that, as determined by 
the head of the agency, are to be used to support a contingency 
operation or to facilitate defense against or recovery from nuclear, 
biological, chemical or radiological attack as described in 
13.201(g)(1), except for construction subject to 40 U.S.C. chapter 31, 
subchapter IV, Wage Rate Requirements (Construction) (41 U.S.C. 1903)--
    (i) $15,000 in the case of any contract to be awarded and 
performed, or purchase to be made, inside the United States; and
    (ii) $30,000 in the case of any contract to be awarded and 
performed, or purchase to be made, outside the United States.
* * * * *
    Senior procurement executive means the individual appointed 
pursuant to 41 U.S.C. 1702(c) who is responsible for

[[Page 24196]]

management direction of the acquisition system of the executive agency, 
including implementation of the unique acquisition policies, 
regulations, and standards of the executive agency.
* * * * *
    Value engineering means an analysis of the functions of a program, 
project, system, product, item of equipment, building, facility, 
service, or supply of an executive agency, performed by qualified 
agency or contractor personnel, directed at improving performance, 
reliability, quality, safety, and life-cycle costs (41 U.S.C. 1711). 
For use in the clause at 52.248-2, see the definition at 52.248-2(b).
* * * * *

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

0
12. Amend section 3.104-1 in the definition ``Contractor bid or 
proposal information'' by revising paragraph (1); and removing from the 
definition ``Federal agency procurement'' the words ``of the Act'' and 
adding ``of 41 U.S.C. chapter 21'' in its place.
    The revised text reads as follows:


3.104-1  Definitions.

* * * * *
    Contractor bid or proposal information * * *
    (1) Cost or pricing data (as defined by 10 U.S.C. 2306a(h)) with 
respect to procurements subject to that section, and 41 U.S.C. 
3501(a)(2), with respect to procurements subject to that section.
* * * * *

0
13. Amend section 3.104-2 by revising paragraph (a) to read as follows:


3.104-2  General.

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


3.104-3  [Amended]

0
14. Amend section 3.104-3 by--
0
a. Removing from the heading of paragraph (a) ``(subsection 27(a) of 
the Act)'' and adding ``(41 U.S.C. 2102)'' in its place;
0
b. Removing from the heading of paragraph (b) ``(subsection 27(b) of 
the Act)'' and adding ``(41 U.S.C. 2102)'' in its place;
0
c. Removing from the heading of paragraph (c) ``(subsection 27(c) of 
the Act)'' and adding ``(41 U.S.C. 2103)'' in its place;
0
d. Removing from paragraph (c)(4) ``subsection 27(c) of the Act'' and 
adding ``41 U.S.C. 2103'' in its place; and
0
e. Removing from the heading of paragraph (d) ``subsection 27(d) of the 
Act'' and adding ``41 U.S.C. 2104)'' in its place.


3.104-4  [Amended]

0
15. Amend section 3.104-4 by removing from paragraph (f)(1) ``section 
27 of the Act'' and adding ``41 U.S.C. chapter 21'' in its place.


3.104-6  [Amended]

0
16. Amend section 3.104-6 by removing from paragraphs (a), (c), and 
(d)(3) ``subsection 27(d) of the Act'' and adding ``41 U.S.C. 2104'' in 
its place.


3.104-7  [Amended]

0
17. Amend section 3.104-7 by--
0
a. Removing from the introductory text of paragraph (a) ``subsection 
27(a), (b), (c), or (d) of the Act'' and adding ``41 U.S.C. 2102, 2103, 
or 2104'' in its place;
0
b. Removing from paragraph (b)(5) ``subsection 27(e) of the Act'' and 
adding ``41 U.S.C. 2105'' in its place;
0
c. Removing from paragraph (c) ``the Act'' and adding ``41 U.S.C. 
chapter 21'' in its place;
0
d. Removing from the introductory text of paragraph (d) ``section 27 of 
the Act'' and adding ``41 U.S.C. chapter 21'' in its place;
0
e. Removing from paragraph (d)(2)(ii)(A) ``subsections 27(a) or (b) of 
the Act'' and adding ``41 U.S.C. 2102'' in its place; and
0
f. Removing from paragraph (d)(2)(ii)(B) ``subsection 27(e)(1) of the 
Act'' and adding ``41 U.S.C. 2105(a)'' in its place.


3.104-8  [Amended]

0
18. Amend section 3.104-8 by removing from the introductory text ``the 
Act'' and adding ``41 U.S.C. chapter 21'' in its place; and removing 
from paragraphs (a) and (b) ``subsection 27(e) of the Act'' and adding 
``41 U.S.C. 2105'' in its place.


3.303  [Amended]

0
19. Amend section 3.303 by removing from paragraph (a) ``41 U.S.C. 
253b(i)'' and adding ``41 U.S.C. 3707'' in its place; and removing from 
paragraph (c)(5) ``let by'' and adding ``awarded by'' in its place.


3.400  [Amended]

0
20. Amend section 3.400 by removing ``41 U.S.C. 254(a)'' and adding 
``41 U.S.C. 3901'' in its place.


3.402  [Amended]

0
21. Amend section 3.402 by removing from the introductory text ``41 
U.S.C. 254(a)'' and adding ``41 U.S.C. 3901'' in its place.


3.502-1  [Amended]

0
22. Amend section 3.502-1 by removing from the definition ``Kickback'' 
the words ``, directly or indirectly,''.


0
23. Amend section 3.502-2 by--
0
a. Revising the introductory text, and paragraphs (d)(3) and (g);
0
b. Removing from the introductory text of paragraph (h), and paragraphs 
(i)(1), and (i)(2) ``Act'' and adding ``Kickbacks statute'' in its 
place; and
0
c. Revising paragraph (j).
    The revised text reads as follows:


3.502-2  Subcontractor kickbacks.

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


3.503-1  [Amended]

0
24. Amend section 3.503-1 by removing ``41 U.S.C. 253g'' and adding 
``41 U.S.C. 4704'' in its place.

[[Page 24197]]

0
25. Amend section 3.703 by revising the introductory text of paragraph 
(b) and paragraph (b)(1) to read as follows:


3.703  Authority.

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


3.704  [Amended]

0
26. Amend section 3.704 by removing from the introductory text of 
paragraph (c) ``subsection 27(e) of the OFPP Act'' and adding ``41 
U.S.C. 2105'' in its place.
0
27. Amend section 3.705 by revising paragraph (e) to read as follows:


3.705  Procedures.

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

0
28. Revise section 3.1000 to read as follows:


3.1000  Scope of subpart.

    This subpart--
    (a) Implements 41 U.S.C. 3509, Notification of Violations of 
Federal Criminal Law or Overpayments; and
    (b) Prescribes policies and procedures for the establishment of 
contractor codes of business ethics and conduct, and display of agency 
Office of Inspector General (OIG) fraud hotline posters.


0
29. Revise section 3.1100 to read as follows:


3.1100  Scope of subpart.

    This subpart implements policy on personal conflicts of interest by 
employees of Government contractors as required by 41 U.S.C. 2303.

PART 4--ADMINISTRATIVE MATTERS

0
30. Revise section 4.500 to read as follows:


4.500  Scope of subpart.

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


4.502  [Amended]

0
31. Amend section 4.502 by removing from the introductory text of 
paragraph (b) ``Section 30 of the OFPP Act (41 U.S.C. 426)'' and adding 
``41 U.S.C. 2301'' in its place.

0
32. Amend section 4.602 by revising paragraph (a)(2) to read as 
follows:


4.602  General.

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


4.805  [Amended]

0
33. Amend section 4.805 by removing from paragraph (b)(1) ``Disputes 
Act'' and adding ``Disputes statute'' in its place.


4.1202  [Amended]

0
34. Amend section 4.1202 by--
0
a. Removing from paragraph (p) ``Contract Act'' and ``Certification'' 
and adding ``Contract Labor Standards'' and ``-Certification'' in their 
place, respectively;
0
b. Removing from paragraph (q) ``Contract Act'' and adding ``Contract 
Labor Standards'' in its place; and
0
c. Removing from paragraphs (u) and (v) ``Buy American Act'' and adding 
``Buy American'' in its place.

PART 5--PUBLICIZING CONTRACT ACTIONS

0
35. Amend section 5.101 by revising the introductory text of paragraph 
(a) to read as follows:


5.101  Methods of disseminating information.

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

0
36. Amend section 5.201 by revising paragraph (a) to read as follows:


5.201  General.

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

0
37. Amend section 5.202 by revising paragraph (a)(4) to read as 
follows:


5.202  Exceptions.

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

0
38. Amend section 5.207 by removing from paragraph (c)(14)(i) 
``American Act'' and adding ``American'' in its place; and revising 
paragraph (c)(14)(iii) to read as follows:


5.207  Preparation and transmittal of synopses.

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

[[Page 24198]]

Government Procurement Agreement and Free Trade Agreements.''
* * * * *

PART 6--COMPETITION REQUIREMENTS

0
39. The authority citation for 48 CFR part 6 is revised to read as 
follows:

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


6.000  [Amended]

0
40. Amend section 6.000 by removing ``and competition advocates'' and 
adding ``and advocates for competition'' in its place.


6.101  [Amended]

0
41. Amend section 6.101 by--
0
a. Removing from paragraph (a) ``41 U.S.C. 253'' and adding ``41 U.S.C. 
3301'' in its place.
0
b. Removing from paragraph (b) ``41 U.S.C. 253'' and adding ``41 U.S.C. 
3301'' in its place.


6.102  [Amended]

0
42. Amend section 6.102 by removing from paragraph (d)(3) ``41 U.S.C. 
259(b)(3)(A)'' and adding ``41 U.S.C. 152(3)(A)'' in its place.


6.301  [Amended]

0
43. Amend section 6.301 by removing from paragraph (a) ``41 U.S.C. 
253(c)'' and adding ``41 U.S.C. 3304'' in its place (twice).


6.302-1  [Amended]

0
44. Amend section 6.302-1 by--
0
a. Removing from paragraph (a)(1) ``41 U.S.C. 253(c)(1)'' and adding 
``41 U.S.C. 3304(a)(1)'' in its place;
0
b. Removing from paragraph (a)(2)(i)(C) ``41 U.S.C. 253(d)(1)(A)'' and 
adding ``41 U.S.C. 3304(b)(1)'' in its place; and
0
c. Removing from paragraph (a)(2)(ii)(B) ``41 U.S.C. 253(d)(1)(B)'' and 
adding ``41 U.S.C. 3304(b)(2)'' in its place.


6.302-2  [Amended]

0
45. Amend section 6.302-2 by removing from paragraph (a)(1) ``41 U.S.C. 
253(c)(2)'' and adding ``41 U.S.C. 3304(a)(2)'' in its place.


6.302-3  [Amended]

0
46. Amend section 6.302-3 by removing from paragraph (a)(1) ``41 U.S.C. 
253(c)(3)'' and adding ``41 U.S.C. 3304(a)(3)'' in its place.


6.302-4  [Amended]

0
47. Amend section 6.302-4 by removing from paragraph (a)(1) ``41 U.S.C. 
253(c)(4)'' and adding ``41 U.S.C. 3304(a)(4)'' in its place.
0
48. Amend section 6.302-5 by revising paragraphs (a)(1), (b)(2), and 
(c)(1)(ii), and the introductory text of paragraph (c)(1)(iii), to read 
as follows:


6.302-5  Authorized or required by statute.

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


6.302-6  [Amended]

0
49. Amend section 6.302-6 by removing from paragraph (a)(1) ``41 U.S.C. 
253(c)(6)'' and adding ``41 U.S.C. 3304(a)(6)'' in its place.


6.302-7  [Amended]

0
50. Amend section 6.302-7 by removing from paragraph (a)(1) ``41 U.S.C. 
253(c)(7)'' and adding ``41 U.S.C. 3304(a)(7)'' in its place.


6.304  [Amended]

0
51. Amend section 6.304 by removing from paragraph (a)(2) ``by the 
competition advocate'' and adding ``by the advocate for competition''; 
and by removing from paragraph (a)(4) ``the OFPP Act (41 U.S.C. 
414(3))'' and adding ``41 U.S.C. 1702(c)'' in its place.


6.305  [Amended]

0
52. Amend section 6.305 by removing from paragraph (a) ``41 U.S.C. 
253(j).'' and adding ``41 U.S.C. 3304(f).'' in its place.
0
53. Revise the heading of subpart 6.5 to read as set forth below:

SUBPART 6.5--ADVOCATES FOR COMPETITION

0
54. Amend section 6.501 by revising the introductory text to read as 
follows:


6.501  Requirement.

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


6.502  [Amended]

0
55. Amend section 6.502 by removing from paragraph (a) and the 
introductory text of paragraph (b) ``competition advocates'' and adding 
``advocates for competition'' in their places.

PART 7--ACQUISTION PLANNING

0
56. The authority citation for 48 CFR parts 7, 8, 9, 10, 11, 12, and 13 
continues to read as follows:

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


7.102  [Amended]

0
57. Amend section 7.102 by removing from paragraph (a)(1) ``41 U.S.C. 
251, et seq.'' and adding ``41 U.S.C. 3307'' in its place; and removing 
from paragraph (a)(2) ``10 U.S.C. 2301(a)(5) and 41 U.S.C. 253a(a)(1)'' 
and adding ``10 U.S.C. 2305(a)(1)(A) and 41 U.S.C. 3306(a)(1)'' in its 
place.


7.103  [Amended]

0
58. Amend section 7.103 by--

0
a. Removing from paragraph (a) ``41 U.S.C. 253a(a)(1))'' and adding 
``41 U.S.C. 3306(a)(1)'' in its place;
0
b. Removing from paragraph (b) ``41 U.S.C. 251, et seq.'' and adding 
``41 U.S.C 3307'' in its place; and
0
c. Removing from paragraph (c) ``41 U.S.C. 253A(a)(1)'' and adding ``41 
U.S.C. 3306(a)(1)'' in its place.


7.104  [Amended]

0
59. Amend section 7.104 by removing from paragraph (c) ``competition 
advocate'' and adding ``advocate for competition'' in its place.


7.108  [Amended]

0
60. Amend section 7.108 by removing from the introductory text 
``section 1428 of Public Law 108-136'' and adding ``41 U.S.C. 3306(f)'' 
in its place.


7.202  [Amended]

0
61. Amend section 7.202 by removing from paragraph (a) ``10 U.S.C. 
2384(a) and 41 U.S.C. 253(f)'' and adding ``10 U.S.C. 2384a and 41 
U.S.C. 3310'' in its place.

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES


8.401  [Amended]

0
62. Amend section 8.401 in the definition ``Multiple Award Schedule 
(MAS)'' by removing ``Title III of the

[[Page 24199]]

Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
251, et seq.) and Title'' and adding ``41 U.S.C. 152(3), Competitive 
Procedures, and'' in its place.


8.403  [Amended]

0
63. Amend section 8.403 by removing from the introductory text of 
paragraph (c) ``Public Law 108-136'' and adding ``Public Law 108-136 
(40 U.S.C. 1103 note)'' in its place.


8.405-6  [Amended]

0
64. Amend section 8.405-6 by removing from paragraph (d)(2) 
``competition advocate'' and adding ``advocate for competition'' in its 
place.


8.602  [Amended]

0
65. Amend section 8.602 by removing from the introductory text of 
paragraph (a) ``(Pub. L. 108-447)'' and adding ``(Pub. L. 108-447) (18 
U.S.C. 4124 note)'' in its place.
0
66. Amend section 8.603 by revising the introductory text, and removing 
from paragraph (a)(1) ``(41 U.S.C. 48)'' and adding ``(41 U.S.C. 
8504)'' in its place.
    The revised text reads as follows:


8.603  Purchase priorities.

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

0
67. Revise section 8.700 to read as follows:


8.700  Scope of subpart.

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


8.701  [Amended]

0
68. Amend section 8.701 by--
0
a. Removing from the definition ``Procurement List'' ``the Javits-
Wagner-O'Day Act'' and adding ``41 U.S.C. chapter 85'' in its place; 
and
0
b. Removing from the definition ``Nonprofit agency serving people who 
are blind,'' the words ``the Act'' and adding ``41 U.S.C. chapter 85'' 
in its place.


8.702  [Amended]

0
69. Amend section 8.702 by removing from paragraph (c) ``the Javits-
Wagner-O'Day Act'' and adding ``41 U.S.C. chapter 85'' in its place.


8.704  [Amended]

0
70. Amend section 8.704 by removing from the introductory text of 
paragraph (a) ``The Javits-Wagner-O'Day Act'' and adding ``41 U.S.C. 
chapter 85'' in its place; and removing from paragraph (a)(1)(i) ``(41 
U.S.C. 48)'' and adding ``(41 U.S.C. 8504)'' in its place.


8.1104  [Amended]

0
71. Amend section 8.1104 by removing from paragraph (e)(3) ``Walsh-
Healey Public Contracts Act'' and adding ``Contracts for Materials, 
Supplies, Articles, and Equipment Exceeding $15,000'' in its place.

PART 9--CONTRACTOR QUALIFICATIONS


9.102  [Amended]

0
72. Amend section 9.102 by removing from paragraph (b)(3) ``the blind 
or other severely handicapped'' and adding ``people who are blind or 
severely disabled'' in its place.
0
73. Amend section 9.107 by revising the section heading; and removing 
from paragraph (a) ``41 U.S.C. 46-48c'' and adding ``41 U.S.C. chapter 
85'' in its place. The revised text reads as follows:


9.107  Surveys of nonprofit agencies participating in the AbilityOne 
Program.

* * * * *

0
74. Revise section 9.200 to read as follows:


9.200  Scope of subpart.

    This subpart implements 10 U.S.C. 2319 and 41 U.S.C. 3311 and 
prescribes policies and procedures regarding qualification requirements 
and the acquisitions that are subject to such requirements.


9.202  [Amended]

0
75. Amend section 9.202 by removing from paragraph (b) ``competition 
advocate'' and adding ``advocate for competition'' in its place 
(twice).


9.402  [Amended]

0
76. Amend section 9.402 by removing from paragraph (d) ``(Pub. L. 110-
417)'' and adding ``(Pub. L. 110-417) (31 U.S.C. 6101 note)'' in its 
place.
0
77. Amend section 9.406-2 by revising the introductory text of 
paragraph (b)(1)(ii) to read as follows:


9.406-2  Causes for debarment.

* * * * *
    (b)(1) * * *
    (ii) Violations of 41 U.S.C. chapter 81, Drug-Free Workplace, as 
indicated by--
* * * * *


9.406-4  [Amended]

0
78. Amend section 9.406-4 by removing from paragraph (a)(1)(i) ``the 
Drug-Free Workplace Act of 1988'' and adding ``41 U.S.C. chapter 81, 
Drug-Free Workplace'' in its place.
0
79. Amend section 9.407-2 by revising the introductory text of 
paragraph (a)(4) to read as follows:


9.407-2  Causes for suspension.

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

PART 10--MARKET RESEARCH


10.000  [Amended]

0
80. Amend section 10.000 by removing ``41 U.S.C. 253a(a)(1), 41 U.S.C. 
264b'' and adding ``41 U.S.C. 3306(a)(1), 41 U.S.C. 3307'' in its 
place.

PART 11--DESCRIBING AGENCY NEEDS


11.002  [Amended]

0
81. Amend section 11.002 by removing from the introductory text of 
paragraph (a) ``41 U.S.C. 253a(a), and 41 U.S.C. 264b'' and adding ``41 
U.S.C. 3306(a), and 41 U.S.C. 3307'' in its place.


11.103  [Amended]

0
82. Amend section 11.103 by removing from the introductory text of 
paragraph (a) ``Section 8002(c) of Pub. L. 103-355'' and adding ``41 
U.S.C. 3307(e)'' in its place.


11.500  [Amended]

0
83. Amend section 11.500 by removing ``Standards Act'' and adding 
``Standards statute'' in its place.

PART 12--ACQUISITION OF COMMERCIAL ITEMS


12.000  [Amended]


0
84. Amend section 12.000 by removing ``Title VIII of the Federal 
Acquisition Streamlining Act of 1994 (Pub. L. 103-355)'' and adding 
``41 U.S.C. 1906, 1907, and 3307 and 10 U.S.C. 2375-2377'' in its 
place.


12.102  [Amended]


0
85. Amend section 12.102 by removing from the introductory text of 
paragraph (g)(1) ``section 1431 of the National Defense Authorization 
Act for

[[Page 24200]]

Fiscal Year 2004 (Pub. L. 108-136) (41 U.S.C. 437)'' and adding ``41 
U.S.C. 2310'' in its place.

0
86. Revise section 12.103 to read as follows:


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

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

0
87. Revise section 12.201 to read as follows:


12.201  General.

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


12.301  [Amended]

0
88. Amend section 12.301 by removing from the introductory text of 
paragraph (a) ``Section 8002 of Public Law 103-355 (41 U.S.C. 264, 
note)'' and adding ``41 U.S.C. 3307'' in its place.


12.404  [Amended]

0
89. Amend section 12.404 by removing from the introductory text of 
paragraph (b) ``The Federal Acquisition Streamlining Act of 1994 (41 
U.S.C. 264 note)'' and adding ``41 U.S.C. 3307(e)(5)(B)'' in its place.


12.500  [Amended]

0
90. Amend section 12.500 by removing from the introductory text of 
paragraph (a) ``sections 34 and 35 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 430 and 431)'' and adding ``41 U.S.C. 1906 and 
1907'' in its place.


12.502  [Amended]

0
91. Amend section 12.502 by removing from paragraph (b) ``and 
Commercial Components''.

0
92. Amend section 12.503 by--
0
a. Revising paragraphs (a)(1) through (a)(4), and (a)(7) through 
(a)(9), and paragraphs (b)(1), and (b)(2);
0
b. Removing from paragraph (c)(1) ``41 U.S.C. 253g'' and adding ``41 
U.S.C. 4704'' in its place;
0
c. Revising paragraph (c)(2); and
0
d. Removing from paragraph (c)(3) ``41 U.S.C. 422'' and adding ``41 
U.S.C. chapter 15'' in its place.
    The revised text reads as follows:


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

    (a) * * *
    (1) 41 U.S.C. chapter 65, Contracts for Materials, Supplies, 
Articles, and Equipment Exceeding $15,000 (see subpart 22.6).
    (2) 41 U.S.C. 3901(b) and 10 U.S.C. 2306(b), Contingent Fees (see 
3.404).
    (3) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see 
5.203).
    (4) 41 U.S.C. chapter 81, Drug-Free Workplace (see 23.501).
* * * * *
    (7) Section 806(a)(3) of Pub. L. 102-190, as amended by sections 
2091 and 8105 of Pub. L. 103-355 (10 U.S.C. 2302 note), Payment 
Protections for Subcontractors and Suppliers (see 28.106-6).
    (8) 41 U.S.C. 4706(d)(1) and 10 U.S.C. 2313(c)(1), GAO Access to 
Contractor Employees, section 871 of Pub. L. 110-417 (see 52.214-26 and 
52.215-2).
    (9) 41 U.S.C. 2303(b), Policy on Personal Conflicts of Interest by 
Contractor Employees (see subpart 3.11).
    (b) * * *
    (1) 40 U.S.C. chapter 37, Requirement for a certificate and clause 
under the Contract Work Hours and Safety Standards statute (see 
22.305).
    (2) 41 U.S.C. 8703 and 8704, Requirement for a clause and certain 
other requirements related to kickbacks (see 3.502).
* * * * *
    (c) * * *
    (2) 41 U.S.C. chapter 35, Truthful Cost or Pricing Data, and 10 
U.S.C. 2306a, Truth in Negotiations (see 15.403).
* * * * *

0
93. Amend section 12.504 by--
0
a. Revising paragraphs (a)(4) through (a)(10);
0
b. Removing from paragraph (a)(13) ``Pub. L. 103-355'' and adding 
``Pub. L. 103-355 (10 U.S.C. 2302 note)'' in its place;
0
c. Removing from paragraph (b) ``Act, 40 U.S.C. 3701, et seq.'' and 
adding ``statute, 40 U.S.C. chapter 37'' in its place; and
0
d. Revising paragraphs (c)(1) through (c)(3).
    The revised text reads as follows:


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

    (a) * * *
    (4) 41 U.S.C. 6505, Contracts for Materials, Supplies, Articles, 
and Equipment Exceeding $15,000 (see subpart 22.6).
    (5) 41 U.S.C. 4703, Validation of Proprietary Data restrictions 
(see subpart 27.4).
    (6) 41 U.S.C. 3901(b) and 10 U.S.C. 2306(b), Contingent Fees (see 
subpart 3.4).
    (7) 41 U.S.C. 4706(d) and 10 U.S.C. 2313(c), Examination of Records 
of Contractor, when a subcontractor is not required to provide 
certified cost or pricing data (see 15.209(b)), unless using funds 
appropriated or otherwise made available by the American Recovery and 
Reinvestment Act of 2009 (Pub. L. 111-5).
    (8) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see 
subpart 5.2).
    (9) 41 U.S.C. 2302, Rights in Technical Data (see subpart 27.4).
    (10) 41 U.S.C. chapter 81, Drug-Free Workplace (see subpart 23.5).
* * * * *
    (c) * * *
    (1) 41 U.S.C. 4704 and 10 U.S.C. 2402, Prohibition on Limiting 
Subcontractor Direct Sales to the United States (see subpart 3.5).
    (2) 41 U.S.C. chapter 35, Truthful Cost or Pricing Data, and 10 
U.S.C. 2306a, Truth in Negotiations (see subpart 15.4).
    (3) 41 U.S.C. chapter 15, Cost Accounting Standards (48 CFR chapter 
99) (see 12.214).

0
94. Amend section 12.505 by revising paragraph (a) to read as follows:


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

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

PART 13--SIMPLIFIED ACQUISITION PROCEDURES

0
95. Amend section 13.005 by--
0
a. Revising the section heading;
0
b. Removing from the introductory text of paragraph (a) ``threshold'' 
and adding ``threshold pursuant to 41 U.S.C. 1905'' in its place;

[[Page 24201]]

0
c. Removing from paragraph (a)(1) ``41 U.S.C. 57(a) and (b) (Anti-
Kickback Act of 1986)'' and adding ``41 U.S.C. 8703 (Kickbacks 
statute)'' in its place;
0
d. Removing from paragraph (a)(2) ``40 U.S.C. 3131 (Miller Act). 
(Although the Miller Act does'' and adding ``40 U.S.C. 3131 (Bonds 
statute). (Although the Bonds statute does'' in its place;
0
e. Revising paragraphs (a)(3), (a)(4), and (a)(6) through (a)(8); and
0
f. Removing from paragraph (c)(2) ``Section 4101, Public Law 103-355'' 
and adding ``41 U.S.C. 1905'' in its place.
    The revised text reads as follows:


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

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


13.006  [Amended]

0
96. Amend section 13.006 by removing from paragraph (e) the word 
``Act''.


13.302-5  [Amended]

0
97. Amend section 13.302-5 by removing from paragraph (d)(3)(i) ``Buy 
American Act'' and adding ``Buy American'' in its place (two times).


13.500  [Amended]

0
98. Amend section 13.500 by removing from the introductory text of 
paragraph (a) ``41 U.S.C. 253(g) and 253a and 253b'' and adding ``41 
U.S.C. 3305, 3306, and chapter 37, Awarding of Contracts'' in its 
place; and removing from the introductory text of paragraph (e) ``41 
U.S.C. 428a'' and adding ``41 U.S.C. 1903'' in its place.


13.501  [Amended]

0
99. Amend section 13.501 by--
0
a. Removing from paragraph (a)(1)(ii) ``(section 4202 of the Clinger-
Cohen Act of 1996) or the authority of the Services Acquisition Reform 
Act of 2003 (41 U.S.C. 428a)'' and adding ``at 41 U.S.C. 1901 or the 
authority of 41 U.S.C. 1903'' in its place; and
0
b. Removing from paragraph (a)(2)(ii) ``competition advocate'' and 
adding ``advocate for competition'' in its place.

PART 14--SEALED BIDDING

0
100. The authority citation for 48 CFR part 14 is revised to read as 
follows:

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


14.201-8  [Amended]

0
101. Amend section 14.201-8 by removing from paragraph (e) ``American 
Act'' and adding ``American statute'' in its place.


14.404-2  [Amended]

0
102. Amend section 14.404-2 by removing from paragraph (l) ``41 U.S.C. 
15'' and adding ``41 U.S.C. 6305'' in its place.

0
103. The authority citation for 48 CFR parts 15, 16, 17, 19, and 22 
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 15--CONTRACTING BY NEGOTIATION


15.207  [Amended]

0
104. Amend section 15.207 by removing from paragraph (b) ``41 U.S.C. 
423'' and adding ``41 U.S.C. chapter 21, Restrictions on Obtaining and 
Disclosing Certain Information'' in its place.


15.209  [Amended]

0
105. Amend section 15.209 by removing from the introductory text of 
paragraph (b)(1) ``41 U.S.C. 254d'' and adding ``41 U.S.C. 4706'' in 
its place.


15.303  [Amended]

0
106. Amend section 15.303 by--
0
a. Removing from paragraph (b)(4) ``10 U.S.C. 2305(b)(1) and 41 U.S.C. 
253b(d)(3)'' and adding ``10 U.S.C. 2305(b)(4)(C) and 41 U.S.C. 
3703(c)'' in its place; and
0
b. Removing from paragraph (b)(6) ``10 U.S.C. 2305(b)(4)(B) and 41 
U.S.C. 253b(d)(3)'' and adding ``10 U.S.C. 2305(b)(4)(C) and 41 U.S.C. 
3703(c)'' in its place.


15.304  [Amended]

0
107. Amend section 15.304 by--
0
a. Removing from paragraph (c)(1) ``41 U.S.C. 253a(c)(1)(B)'' and 
adding ``41 U.S.C. 3306(c)(1)(B)'' in its place; and removing from the 
end of sentence ``;'' and adding a period in its place;
0
b. Removing from paragraph (c)(2) ``41 U.S.C. 253a(c)(1)(A); and'' and 
adding ``3306(c)(1)(A).'' in its place;
0
c. Removing from paragraph (d) ``41 U.S.C. 253a(b)(1)(A)'' and adding 
``41 U.S.C. 3306(b)(1)(A)'' in its place; and
0
d. Removing from paragraph (e)(3) ``41 U.S.C. 253a(c)(1)(C)'' and 
adding ``41 U.S.C. 3306(c)(1)(C)'' in its place.


15.306  [Amended]

0
108. Amend section 15.306 by--
0
a. Removing from paragraph (a)(3) ``41 U.S.C. 253b(d)(1)(B)'' and 
adding ``41 U.S.C. 3703(a)(2)'' in its place;
0
b. Removing from paragraph (c)(2) ``41 U.S.C. 253b(d)'' and adding ``41 
U.S.C. 3703'' in its place; and
0
c. Removing from paragraphs (e)(3) and (e)(5) ``41 U.S.C. 
423(h)(1)(2)'' and adding ``41 U.S.C. 2102 and 2107'' in its place.


15.401  [Amended]

0
109. Amend section 15.401 by removing from the definition 
``Subcontract'' the citation ``41 U.S.C. 254b(h)(2)'' and adding ``41 
U.S.C. 3501(a)(3)'' in its place.

0
110. Amend section 15.403-1 by--
0
a. Revising the section heading;
0
b. Removing from paragraph (c)(3)(ii) introductory text ``section 868 
of Pub. L. 110-417'' and adding ``41 U.S.C. 3501'' in its place;
0
c. Removing from paragraph (c)(3)(ii)(A) ``41 U.S.C. 254b'' and adding 
``41 U.S.C. chapter 35'' in its place; and
0
d. Removing from paragraph (c)(3)(iv) ``41 U.S.C. 428a'' and adding 
``41 U.S.C. 1903'' in its place.
    The revised text reads as follows:


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

* * * * *


15.403-3  [Amended]

0
111. Amend section 15.403-3 by--
0
a. Removing from paragraph (a)(1)(ii) ``41 U.S.C. 254b(d)(1)'' and 
adding ``41 U.S.C. 3505(a)'' in its place; and
0
b. Removing from the heading of paragraph (c)(2) ``41 U.S.C. 
254b(d)(2)'' and adding ``41 U.S.C. 3505(b)'' in its place.

0
112. Amend section 15.403-4 by revising the section heading to read as 
follows:


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

* * * * *


15.404-1  [Amended]

0
113. Amend section 15.404-1 by removing from paragraph (f)(2) ``10 
U.S.C. 2304 and 41 U.S.C. 254(d)(5)(A)(i)'' and adding ``10 U.S.C.

[[Page 24202]]

2306a(b)(1)(A)(i) and 41 U.S.C. 3503(a)(1)(A)'' in its place.


15.404-2  [Amended]

0
114. Amend section 15.404-2 by removing from paragraph (c)(2) ``41 
U.S.C. 254d'' and adding ``41 U.S.C. 4706'' in its place.


15.404-4  [Amended]

0
115. Amend section 15.404-4 by removing from the introductory text of 
paragraph (c)(4)(i) ``41 U.S.C. 254(b)'' and adding ``41 U.S.C. 3905'' 
in its place; and removing from paragraph (d)(1)(iii) ``handicapped 
sheltered workshops'' and adding ``sheltered workshops for workers with 
disabilities'' in its place.


15.407-1  [Amended]

0
116. Amend section 15.407-1 by removing from paragraph (d)(1) 
``Disputes Act'' and adding ``Disputes statute'' in its place.


15.503  [Amended]

0
117. Amend section 15.503 by removing from the introductory text of 
paragraph (b)(1) ``41 U.S.C. 253b(c)'' and adding ``41 U.S.C. 3704'' in 
its place.


15.505  [Amended]

0
118. Amend section 15.505 by removing from the introductory text ``41 
U.S.C. 253b(f)-(h)'' and adding ``41 U.S.C. 3705'' in its place.

PART 16--TYPES OF CONTRACTS


16.102  [Amended]

0
119. Amend section 16.102 by--
0
a. Removing from paragraph (b) ``41 U.S.C. 254(a)'' and adding ``41 
U.S.C. 3901'' in its place; and
0
b. Removing from paragraph (c) ``41 U.S.C. 254(b)'' and adding ``41 
U.S.C. 3905(a)'' in its place.


16.501-2  [Amended]

0
120. Amend section 16.501-2 by removing from paragraph (a) ``Pursuant 
to 10 U.S.C. 2304d and section 303K of the Federal Property and 
Administrative Service Act of 1949'' and adding ``Pursuant to 10 U.S.C. 
2304d and 41 U.S.C. 4101'' in its place.


16.505  [Amended]

0
121. Amend section 16.505 by--
0
a. Removing from the introductory text of paragraph (a)(9) ``Public Law 
108-136'' and adding ``Public Law 108-136 (40 U.S.C. 1103 note)'' in 
its place; and
0
b. Removing from paragraphs (b)(2)(ii)(C)(2) and (b)(8) ``competition 
advocate'' and adding ``advocate for competition'' in its place.

PART 17--SPECIAL CONTRACTING METHODS

0
122. Revise section 17.101 to read as follows:


17.101  Authority.

    This subpart implements 41 U.S.C. 3903 and 10 U.S.C. 2306b and 
provides policy and procedures for the use of multi-year contracting.

0
123. Amend section 17.109 by revising paragraph (b)(1) to read as 
follows:


17.109  Contract clauses.

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


17.204   [Amended]

0
124. Amend section 17.204 by removing from paragraph (e) ``Contract 
Act'' and adding ``Contract Labor Standards statute'' in its place.
0
125. Amend section 17.501 by revising paragraph (d) to read as follows:


17.501  General.

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


17.602  [Amended]

0
126. Amend section 17.602 by removing from paragraph (a) ``the 
Competition in Contracting Act of 1984'' and adding ``41 U.S.C. chapter 
33'' in its place.

PART 19--SMALL BUSINESS PROGRAMS

0
127. Amend section 19.000 by revising the introductory text of 
paragraph (a) to read as follows:


19.000  Scope of part.

    (a) This part implements the acquisition-related sections of the 
Small Business Act (15 U.S.C. 631, et seq.); applicable sections of 10 
U.S.C. 2302, et seq.; 41 U.S.C. 3104; 10 U.S.C. 2323; and Executive 
Order 12138, May 18, 1979. It covers--
* * * * *

0
128. Amend section 19.201 by revising the introductory text of 
paragraph (d) to read as follows:


19.201  General policy.

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


19.800  [Amended]

0
129. Amend section 19.800 by removing from paragraph (a) ``agencies and 
let'' and adding ``agencies and award'' in its place.


19.811-1  [Amended]

0
130. Amend section 19.811-1 by removing from paragraph (b)(1) ``41 
U.S.C. 253(c)(5)'' and adding ``41 U.S.C. 3304(a)(5)'' in its place.


19.1304  [Amended]

0
131. Amend section 19.1304 by removing from paragraph (a)(2) ``Javits-
Wagner-O'Day Act participating'' and adding ``AbilityOne 
participating'' in its place.


19.1404  [Amended]

0
132. Amend section 19.1404 by removing from paragraph (a)(2) ``Javits-
Wagner-O'Day Act participating'' and adding ``AbilityOne 
participating'' in its place.


19.1504  [Amended]

0
133. Amend section 19.1504 by removing from paragraph (b)(2) ``Javits-
Wagner-O'Day Act participating'' and adding ``AbilityOne 
participating'' in its place.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
134. Amend section 22.001 by--
0
a. Removing from the definition ``e98'' the words ``Contract Act'' and 
adding

[[Page 24203]]

``Contract Labor Standards statute'' in its place; and
0
b. Revising the definitions ``Service Contract'' and ``Wage 
Determinations Online (WDOL)'' to read as follows:


22.001  Definitions.

* * * * *
    Service contract means any Government contract, or subcontract 
thereunder, the principal purpose of which is to furnish services in 
the United States through the use of service employees, except as 
exempted by 41 U.S.C. chapter 67, Service Contract Labor Standards; see 
22.1003-3 and 22.1003-4. See 22.1003-5 and 29 CFR 4.130 for a partial 
list of services covered by the Service Contract Labor Standards 
statute.
* * * * *
    Wage Determinations OnLine (WDOL) means the Government Internet Web 
site for both Construction Wage Rate Requirements statute and Service 
Contract Labor Standards statute wage determinations available at 
http://www.wdol.gov.


22.102-1  [Amended]

0
135. Amend section 22.102-1 by removing from paragraph (h) ``the 
handicapped'' and adding ``workers with disabilities'' in its place.
0
136. Amend section 22.102-2 by revising paragraph (c) to read as 
follows:


22.102-2  Administration.

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

0
137. Amend section 22.202 by revising paragraph (a) to read as follows:


22.202  Contract clause.

* * * * *
    (a) The contract will be subject to 41 U.S.C. chapter 65, Contracts 
for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (see 
subpart 22.6), which contains a separate prohibition against the 
employment of convict labor;
* * * * *
0
138. Revise section 22.300 to read as follows:


22.300  Scope of subpart.

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


22.301   [Amended]

0
139. Amend section 22.301 by removing ``Act requires'' and adding 
``statute requires'' in its place.


22.302   [Amended]

0
140. Amend section 22.302 by removing from paragraph (a), and the 
introductory text of paragraphs (b) and (c), ``the Act'' and adding 
``the statute'' in its place.


22.303   [Amended]

0
141. Amend section 22.303 by removing ``the Act'' and adding ``the 
statute'' in its place.


22.304   [Amended]

0
142. Amend section 22.304 by removing from paragraph (a) ``the Act'' 
and adding ``the statute'' in its place.

0
143. Amend section 22.305 by revising the introductory text and 
paragraphs (d) and (e) to read as follows:


22.305  Contract clause.

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


22.401   [Amended]

0
144. Amend section 22.401 by removing from the definition ``Laborers or 
mechanics'', paragraph (1)(ii), ``Standards Act'' and adding 
``Standards statute'' in its place; and removing from the definition 
``Wages'' the words ``Davis-Bacon Act'' and adding ``Construction Wage 
Rate Requirements statute'' in its place.


22.402   [Amended]

0
145. Amend section 22.402 by removing from paragraph (b)(1)(ii) ``Davis 
Bacon Act'' and adding ``Construction Wage Rate Requirements statute'' 
in its place.

0
146. Revise section 22.403-1 to read as follows:


22.403-1   Construction Wage Rate Requirements statute.

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

0
147. Revise section 22.403-3 to read as follows:


22.403-3   Contract Work Hours and Safety Standards.

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

0
148. Amend section 22.403-4 by revising paragraph (b) to read as 
follows:

[[Page 24204]]

22.403-4   Department of Labor regulations.

* * * * *
    (b) The Department of Labor regulations include--
    (1) Part 1, relating to Construction Wage Rate Requirements statute 
minimum wage rates;
    (2) Part 3, relating to the Copeland (Anti-Kickback) Act and 
requirements for submission of weekly statements of compliance and the 
preservation and inspection of weekly payroll records;
    (3) Part 5, relating to enforcement of the:
    (i) Construction Wage Rate Requirements statute;
    (ii) Contract Work Hours and Safety Standards statute; and
    (iii) Copeland (Anti-Kickback) Act;
    (4) Part 6, relating to rules of practice for appealing the 
findings of the Administrator, Wage and Hour Division, in enforcement 
cases under the various labor statutes, and by which Administrative Law 
Judge hearings are held; and
    (5) Part 7, relating to rules of practice by which contractors and 
other interested parties may appeal to the Department of Labor 
Administrative Review Board, decisions issued by the Administrator, 
Wage and Hour Division, or administrative law judges under the various 
labor statutes.
* * * * *

0
149. Amend section 22.404 by revising the section heading to read as 
follows:


22.404   Construction Wage Rate Requirements statute wage 
determinations.

* * * * *


22.404-1   [Amended]

0
150. Amend section 22.404-1 by removing from paragraph (a)(2) ``Davis-
Bacon Act'' and adding ``Construction Wage Rate Requirements statute'' 
in its place.


22.404-11   [Amended]

0
151. Amend section 22.404-11 by removing ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place.


22.404-12  [Amended]

0
152. Amend section 22.404-12 by removing from paragraph (c)(3) ``Davis-
Bacon Act'' and adding ``Construction Wage Rate Requirements statute'' 
in its place; and removing from paragraph (c)(4) ``Service Contract 
Act'' and adding ``Service Contract Labor Standards statute'' in its 
place.


22.406-2  [Amended]

0
153. Amend section 22.406-2 by removing from the introductory text of 
paragraph (b)(1) ``Davis-Bacon Act'' and adding ``Construction Wage 
Rate Requirements'' in its place.


22.406-3  [Amended]

0
154. Amend section 22.406-3 by removing from paragraph (a) ``Davis-
Bacon Act'' and adding ``Construction Wage Rate Requirements'' in its 
place.


22.406-8  [Amended]

0
155. Amend section 22.406-8 by--
0
a. Removing from paragraph (d)(2)(i)(B) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place;
0
b. Removing from paragraph (d)(2)(ii)(D) ``Standards Act'' and adding 
``Standards statute'' in its place;
0
c. Removing from paragraph (e)(2) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place; and
0
d. Removing from paragraph (e)(3) ``Standards Act'' and adding 
``Standards statute'' in its place.

0
156. Amend section 22.406-9 by--
0
a. Removing from the introductory text of paragraph (a) ``Standards 
Act'' and adding ``Standards statute'' in its place;
0
b. Removing from paragraph (a)(1) ``Davis-Bacon Act'' and ``Standards 
Act'' and adding ``Construction Wage Rate Requirements statute'' and 
``Standards statute'' in their place, respectively;
0
c. Removing from paragraph (b) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place; and
0
d. Revising paragraph (c)(1) to read as follows:


22.406-9  Withholding from or suspension of contract payments.

* * * * *
    (c) Disposition of contract payments withheld or suspended--(1) 
Forwarding wage underpayments to the Comptroller General. Upon final 
administrative determination, if the contractor or subcontractor has 
not made restitution, the contracting officer must forward to the 
appropriate disbursing office Standard Form (SF) 1093, Schedule of 
Withholdings Under the Construction Wage Rate Requirements statute (40 
U.S.C. chapter 31, subchapter IV) and/or Contract Work Hours and Safety 
Standards statute (40 U.S.C. chapter 37). Attach to the SF 1093 a list 
of the name, social security number, and last known address of each 
affected employee; the amount due each employee; employee claims if 
feasible; and a brief rationale for restitution. Also, the contracting 
officer must indicate if restitution was not made because the employee 
could not be located. The Government may assist underpaid employees in 
preparation of their claims. The disbursing office must submit the SF 
1093 with attached additional data and the funds withheld (by check) to 
the Comptroller General (Claims Section).
* * * * *

0
157. Amend section 22.406-10 by revising paragraph (f) to read as 
follows:


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

* * * * *
    (f) The Administrator, Wage and Hour Division, may institute 
debarment proceedings against the contractor or subcontractor if the 
Administrator finds reasonable cause to believe that the contractor or 
subcontractor has committed willful or aggravated violations of the 
Contract Work Hours and Safety Standards statute or the Copeland (Anti-
Kickback) Act, or any of the applicable statutes listed in 29 CFR 5.1 
other than the Construction Wage Rate Requirements statute, or has 
committed violations of the Construction Wage Rate Requirements statute 
that constitute a disregard of its obligations to employees or 
subcontractors under 40 U.S.C. 3144.

0
158. Amend section 22.406-12 by revising paragraph (b) to read as 
follows:


22.406-12  Cooperation with the Department of Labor.

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

0
159. Revise section 22.406-13 to read as follows:


22.406-13  Semiannual enforcement reports.

    A semiannual report on compliance with and enforcement of the 
construction labor standards requirements of the Construction Wage Rate 
Requirements statute and Contract Work Hours and Safety Standards 
statute is required from each contracting agency. The reporting periods 
are October 1 through March 31 and April 1 through September 30. The 
reports shall only contain information as to the enforcement actions of 
the contracting agency and shall be prepared as prescribed in 
Department of Labor memoranda and submitted to the

[[Page 24205]]

Department of Labor within 30 days after the end of the reporting 
period. This report has been assigned interagency report control number 
1482-DOL-SA.

0
160. Amend section 22.407 by--
0
a. Removing from paragraph (a)(1) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements'' in its place;
0
b. Revising paragraph (a)(8);
0
c. Removing from the introductory text of paragraph (e) ``Davis-Bacon 
Act'' and adding ``Construction Wage Rate Requirements'' in its place;
0
d. Removing from paragraph (e)(1) and (e)(2) ``Davis-Bacon Act'' and 
adding ``Construction Wage Rate Requirements statute'' in its place;
0
e. Revising paragraphs (f) and (g); and
0
f. Removing from paragraph (h) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements'' in its place.
    The revised text reads as follows:


22.407  Solicitation provision and contract clauses.

    (a) * * *
    (8) 52.222-13, Compliance with Construction Wage Rate Requirements 
and Related Regulations.
* * * * *
    (f) Insert the clause at 52.222-31, Construction Wage Rate 
Requirements--Price Adjustment (Percentage Method), in solicitations 
and contracts if the contract is expected to be a fixed-price contract 
subject to the Construction Wage Rate Requirements statute that will 
contain option provisions by which the contracting officer may extend 
the term of the contract, and the contracting officer determines the 
most appropriate contract price adjustment method is the method at 
22.404-12(c)(3).
    (g) Insert the clause at 52.222-32, Construction Wage Rate 
Requirements--Price Adjustment (Actual Method), in solicitations and 
contracts if the contract is expected to be a fixed-price contract 
subject to the Construction Wage Rate Requirements statute that will 
contain option provisions by which the contracting officer may extend 
the term of the contract, and the contracting officer determines the 
most appropriate method to establish contract price is the method at 
22.404-12(c)(4).
* * * * *

0
161. Revise the heading of subpart 22.6 to read as follows:

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

0
162. Revise section 22.602 to read as follows:


22.602  Statutory requirements.

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


22.604-1  [Amended]

0
163. Amend section 22.604-1 by removing from the introductory text 
``the Act'' and adding ``the statute'' in its place.


22.604-2  [Amended]

0
164. Amend section 22.604-2 by removing from paragraph (a) introductory 
text and paragraph (a)(3) ``the Act'' and adding ``the statute'' in 
their places.


22.605  [Amended]

0
165. Amend section 22.605 by
0
a. Revising the section heading, and
0
b. Removing from paragraphs (a) introductory text, (a)(1), (a)(2), 
(a)(3), (a)(4), and (a)(5) ``the Act'' and adding ``the statute'' in 
their places (eight times).
    The revised text reads as follows:


22.605  Rulings and interpretations of the statute.

* * * * *


22.608  [Amended]

0
166. Amend section 22.608 by removing from paragraphs (a) and (b) ``the 
Act'' and adding ``the statute'' in their places.

0
167. Revise section 22.610 to read as follows:


22.610  Contract clause.

    The contracting officer shall insert the clause at 52.222-20, 
Contracts for Materials, Supplies, Articles, and Equipment Exceeding 
$15,000, in solicitations and contracts covered by the statute (see 
22.603, 22.604, and 22.605).

0
168. Revise the heading of subpart 22.10 to read as follows:

Subpart 22.10--Service Contract Labor Standards

0
169. Revise section 22.1000 to read as follows:


22.1000  Scope of subpart.

    This subpart prescribes policies and procedures implementing the 
provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards 
(formerly known as the Service Contract Act of 1965), the applicable 
provisions of the Fair Labor Standards Act of 1938, as amended (29 
U.S.C. 201, et seq.), and related Secretary of Labor regulations and 
instructions (29 CFR parts 4, 6, 8, and 1925).

0
170. Amend section 22.1001 by--
0
a. Removing the definition ``Act or Service Contract Act'';
0
b. Removing from the definition ``Contractor'' the words ``the Act'' 
and adding ``the statute'' in its place; and
0
c. Revising the definitions, ``United States'', ``Wage and Hour 
Division'', and ``Wage determination'' to read as follows:


22.1001  Definitions.

* * * * *
    United States means the 50 States, the District of Columbia, Puerto 
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. 
Virgin Islands, Johnston Island, Wake Island, and the outer Continental 
Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 
1331, et seq.), but does not include any other place subject to U.S. 
jurisdiction or any U.S. base or possession within a foreign country 
(29 CFR 4.112).
    Wage and Hour Division means the unit in the Employment Standards 
Administration of the Department of Labor to which is assigned 
functions of the Secretary of Labor under the Service Contract Labor 
Standards statute.
    Wage determination means a determination of minimum wages or fringe 
benefits made under 41 U.S.C. 6703 or 6707(c) applicable to the 
employment in a given locality of one or more classes of service 
employees.


22.1002-1  [Amended]

0
171. Amend section 22.1002-1 by removing ``41 U.S.C. 353(d)'' and 
adding ``41 U.S.C. 6707(d)'' in its place.
0
172. Revise section 22.1003-2 to read as follows:


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

    The Service Contract Labor Standards statute applies to service 
contracts performed in the United States (see 22.1001). The Service 
Contract Labor

[[Page 24206]]

Standards statute does not apply to contracts performed outside the 
United States.

0
173. Amend section 22.1003-3 by revising the introductory text and 
paragraph (b) to read as follows:


22.1003-3  Statutory exemptions.

    The Service Contract Labor Standards statute does not apply to--
* * * * *
    (b) Any work required to be done in accordance with the provisions 
of 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, 
and Equipment Exceeding $15,000;
* * * * *

0
174. Amend section 22.1003-4 by--
0
a. Revising paragraph (a);
0
b. Removing from the introductory text of paragraph (b) ``the Act'' and 
adding ``the Service Contract Labor Standards statute'' in its place;
0
c. Removing from the introductory text of paragraph (c)(1) ``the Act'' 
and adding ``the Service Contract Labor Standards statute'' in its 
place;
0
d. Removing from paragraph (c)(3)(i) ``Contract Act'' and adding 
``Contract Labor Standards statute'' in its place;
0
e. Removing from paragraphs (c)(3)(ii) and (c)(3)(iii) ``Contract Act'' 
and adding ``Contract Labor Standards'' in its place;
0
f. Removing from paragraph (c)(4)(i) ``Contract Act'' and adding 
``Contract Labor Standards statute'' in its place;
0
g. Removing from paragraph (c)(4)(ii), and the introductory text of 
paragraph (d)(1), ``the Act'' and adding ``the Service Contract Labor 
Standards statute'' in their places;
0
h. Removing from paragraph (d)(1)(iv) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place;
0
i. Removing from paragraphs (d)(3)(i), (d)(3)(ii), and (d)(3)(iii) 
``Contract Act'' and adding ``Contract Labor Standards'' in their 
places;
0
j. Removing from paragraph (d)(4)(i) ``Contract Act'' and ``the Act'' 
and adding ``Contract Labor Standards statute'' and ``the Service 
Contract Labor Standards statute'' in its place; and
0
k. Revising paragraphs (d)(5)(i) and (d)(5)(iii).
    The revised text reads as follows:


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

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


22.1003-5  [Amended]

0
175. Amend section 22.1003-5 by removing from the introductory text 
``the Act'' and adding ``the Service Contract Labor Standards statute'' 
in its place.
0
176. Amend section 22.1003-6 by revising paragraph (a) introductory 
text; and by removing from paragraph (b) introductory text ``Contract 
Act'' and adding ``Contract Labor Standards statute'' in its place.
    The revised text reads as follows:


22.1003-6  Repair distinguished from remanufacturing of equipment.

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

0
177. Amend section 22.1003-7 by--
0
a. Revising the section heading; and
0
b. Removing ``the Act'' and adding ``the Service Contract Labor 
Standards statute'' in its place.
    The revised text reads as follows:


22.1003-7  Questions concerning applicability of the Service Contract 
Labor Standards statute.

* * * * *


22.1004  [Amended]

0
178. Amend section 22.1004 by removing from the introductory text and 
paragraph (c) ``the Act'' and adding ``the Service Contract Labor 
Standards statute'' in its place (three times).
0
179. Amend section 22.1006 by--
0
a. Removing from the introductory text of paragraph (a)(1) the words 
``Act of 1965'' and ``the Act'' and adding ``Labor Standards'' and 
``the Service Contract Labor Standards statute'' in their place, 
respectively;
0
b. Removing from the introductory text of paragraph (a)(2) ``Contract 
Act'' and adding ``Contract Labor Standards statute'' in its place;
0
c. Removing from paragraphs (a)(2)(i)(A) and (a)(2)(i)(B) the words 
``Contract Act'' and adding ``Contract Labor Standards'' in their 
places;
0
d. Revising paragraph (a)(2)(ii);
0
e. Removing from paragraph (b) ``the Act'' and adding ``the Service 
Contract Labor Standards statute'' in its place;
0
f. Removing from paragraphs (c)(1) and (c)(2) the words ``Service 
Contract Act'' and ``Service Contract Act of 1965'' and adding 
``Service Contract Labor Standards'' in their places (six times);
0
g. Revising paragraphs (e)(1), (e)(2), (e)(3)(i), (e)(4), and (f).
    The revised text reads as follows:


22.1006  Solicitation provisions and contract clauses.

    (a) * * *
    (2) * * *
    (ii) The contracting officer has made the determination, in 
accordance with paragraphs (c)(3) or (d)(3) of subsection 22.1003-4, 
that the Service Contract Labor Standards statute does not apply to the 
contract. (In such case, insert the clause at 52.222-51, Exemption from 
Application of the Service Contract Labor Standards to Contracts for 
Maintenance, Calibration, or Repair of Certain Equipment--Requirements, 
or 52.222-53, Exemption from Application of the Service Contract Labor 
Standards to Contracts for Certain Services--Requirements, in the 
contract, in accordance with the prescription at paragraph (e)(2)(ii) 
or (e)(4)(ii) of this subsection).
* * * * *
    (e)(1) The contracting officer shall insert the provision at 
52.222-48, Exemption from Application of the Service Contract Labor 
Standards to Contracts for Maintenance, Calibration, or Repair of 
Certain Equipment--Certification, in solicitations that--

[[Page 24207]]

    (i) Include the clause at 52.222-41, Service Contract Labor 
Standards; and
    (ii) The contract may be exempt from the Service Contract Labor 
Standards statute in accordance with 22.1003-4(c).
    (2) The contracting officer shall insert the clause at 52.222-51, 
Exemption from Application of the Service Contract Labor Standards to 
Contracts for Maintenance, Calibration, or Repair of Certain 
Equipment--Requirements--
    (i) In solicitations that include the provision at 52.222-48, or 
the comparable provision is checked as applicable in the clause at 
52.204-8(c)(2)(iii) or 52.212-3(k)(1); and
    (ii) In resulting contracts in which the contracting officer has 
determined, in accordance with 22.1003-4(c)(3), that the Service 
Contract Labor Standards statute does not apply.
    (3)(i) Except as provided in paragraph (e)(3)(ii) of this section, 
the contracting officer shall insert the provision at 52.222-52, 
Exemption from Application of the Service Contract Labor Standards to 
Contracts for Certain Services--Certification, in solicitations that--
    (A) Include the clause at 52.222-41, Service Contract Labor 
Standards, and
    (B) The contract may be exempt from the Service Contract Labor 
Standards statute in accordance with 22.1003-4(d).
* * * * *
    (4) The contracting officer shall insert the clause at 52.222-53, 
Exemption from Application of the Service Contract Labor Standards to 
Contracts for Certain Services--Requirements--
    (i) In solicitations that include the provision at 52.222-52, or 
the comparable provision is checked as applicable in 52.204-8(c)(2)(iv) 
or 52.212-3(k)(2); and
    (ii) In resulting contracts in which the contracting officer has 
determined, in accordance with 22.1003-4(d)(3), that the Service 
Contract Labor Standards statute does not apply.
    (f) The contracting officer shall insert the clause at 52.222-49, 
Service Contract Labor Standards--Place of Performance Unknown, if 
using the procedures prescribed in 22.1009-4.
* * * * *


22.1008-1  [Amended]

0
180. Amend section 22.1008-1 by removing from paragraph (e)(3) 
``whether Section 4(c) of the Act applies'' and adding ``whether 41 
U.S.C. 6707(c) applies'' in its place.
0
181. Amend section 22.1008-2 by--
0
a. Revising the section heading and paragraph (a);
0
b. Removing from paragraphs (b) introductory text and (c)(1) 
introductory text ``Section 4(c) of the Act'' and adding ``41 U.S.C. 
6707(c)'' in its place;
0
c. Removing from paragraphs (c) introductory text and (c)(2) 
introductory text ``section 4(c) of the Act'' and adding ``41 U.S.C. 
6707(c)'' in its place;
0
d. Removing from paragraph (d)(1) ``section 4(c) of the Act'' and 
adding ``41 U.S.C. 6707(c)'' in its place; and removing ``Service 
Contract Act of 1965'' and adding ``Service Contract Labor Standards'' 
in its place;
0
e. Removing from paragraph (d)(3) ``applicability of the Act'' and 
adding ``applicability of the Service Contract Labor Standards 
statute'' in its place; and
0
f. Removing from paragraph (e)(1) ``Section 4(c) of the Act'' and 
adding ``41 U.S.C. 6707(c)'' in its place.
    The revised text reads as follows:


22.1008-2  Successorship with incumbent contractor collective 
bargaining agreement.

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

22.1009-4  [Amended]

0
182. Amend section 22.1009-4 by removing from paragraph (b) ``Service 
Contract Act-Place'' and adding ``Service Contract Labor Standards-
Place'' in its place; and removing from paragraph (e)(3) ``Service 
Contract-Place'' and adding ``Service Contract Labor Standards-Place'' 
in its place.


22.1012-2  [Amended]

0
183. Amend section 22.1012-2 by removing from paragraphs (a) and (b) 
``section 4(c) of the Act'' and adding ``41 U.S.C. 6707(c)'' in their 
places (three times).

22.1015  [Amended]

0
184. Amend section 22.1015 by removing ``Service Contract Act'' and 
``section 10 of the Act (41 U.S.C. 358)'' and adding ``Service Contract 
Labor Standards statute'' and ``41 U.S.C. 6707(f)'' in their place, 
respectively.

22.1018  [Amended]

0
185. Amend section 22.1018 by--
0
a. Removing from paragraph (a) ``the Act'' and adding ``the Service 
Contract Labor Standards statute'' in its place; and
0
b. Removing from paragraph (b) ``the Act'' and ``Service Contract Act 
of 1965'' and adding ``the Service Contract Labor Standards statute'' 
and ``Service Contract Labor Standards'' in their place, respectively.

22.1019  [Amended]

0
186. Amend section 22.1019 by--
0
a. Removing from paragraph (a) ``Service Contract Act of 1965'' and 
adding ``Service Contract Labor Standards'' in its place; and
0
b. Removing from paragraph (c) ``handicapped workers'' and ``Service 
Contract Act of 1965'' and adding ``disabled workers'' and ``Service 
Contract Labor Standards'' in their place, respectively.

22.1020  [Amended]

0
187. Amend section 22.1020 by removing ``Service Contract Act of 1965'' 
and adding ``Service Contract Labor Standards'' in its place.

22.1022  [Amended]

0
188. Amend section 22.1022 by removing ``Service Contract Act of 1965'' 
and ``Service Contract Act'' and adding ``Service Contract Labor 
Standards'' and ``Service Contract Labor Standards statute'' in their 
place, respectively.


0
189. Revise section 22.1023 to read as follows:


22.1023  Termination for default.

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

22.1025  [Amended]

0
190. Amend section 22.1025 by removing ``the Act'' and adding ``the 
Service Contract Labor Standards statute'' in its place twice.

22.1026  [Amended]

0
191. Amend section 22.1026 by removing ``Act of 1965'' and adding 
``Labor Standards'' in its place.


0
192. Revise section 22.1101 to read as follows:


22.1101  Applicability.

    The Service Contract Act of 1965, now codified at 41 U.S.C. chapter 
67, Service Contract Labor Standards, was enacted to ensure that 
Government contractors compensate their blue-collar service workers and 
some white-collar

[[Page 24208]]

service workers fairly, but it does not cover bona fide executive, 
administrative, or professional employees.

22.1204  [Amended]

0
193. Amend section 22.1204 by removing from paragraph (a) ``Act of 
1965'' and adding ``Labor Standards'' in its place.


0
194. Revise section 22.1502 to read as follows:


22.1502  Policy.

    Agencies must take appropriate action to enforce the laws 
prohibiting the manufacture or importation of products that have been 
mined, produced, or manufactured wholly or in part by forced or 
indentured child labor, consistent with 19 U.S.C. 1307, 29 U.S.C. 201, 
et seq., and 41 U.S.C. chapter 65. Agencies should make every effort to 
avoid acquiring such products.

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

0
195. The authority citation for 48 CFR part 23 is revised to read as 
follows:

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


0
196. Revise section 23.500 to read as follows:


23.500  Scope of subpart.

    This subpart implements 41 U.S.C. chapter 81, Drug-Free Workplace.

0
197. Revise section 23.502 to read as follows:


23.502  Authority.

    41 U.S.C. chapter 81, Drug-Free Workplace.

0
198. Amend section 23.704 by revising paragraph (b)(1)(ii) to read as 
follows:


23.704  Electronic products environmental assessment tool.

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

PART 24--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

0
199. The authority citation for 48 CFR part 24 is revised to read as 
follows:

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


24.202  [Amended]

0
200. Amend section 24.202 by--
0
a. Removing from paragraph (a) ``41 U.S.C. 253b(m)'' and adding ``41 
U.S.C. 4702'' in its place; and
0
b. Removing from paragraph (b) ``41 U.S.C. 254b(d)(2)(C)'' and adding 
``41 U.S.C. 3505(b)(3)'' in its place.

0
201. The authority citation for 48 CFR parts 25 and 26 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 25--FOREIGN ACQUISITION

0
202. Amend section 25.000 by revising paragraph (b) to read as follows:


25.000  Scope of part.

* * * * *
    (b) It implements 41 U.S.C. chapter 83, Buy American; trade 
agreements; and other laws and regulations.

0
203. Amend section 25.001 by--
0
a. Revising the introductory text of paragraph (a); and
0
b. Removing from paragraphs (b), (c) introductory text, and (c)(1) 
``Buy American Act'' and adding ``Buy American statute'' in its place.
    The revised text reads as follows:


25.001  General.

    (a) 41 U.S.C. chapter 83, Buy American--
* * * * *

0
204. Amend section 25.002 by revising the entries for 25.1 through 25.6 
in the table to read as follows:


25.002  Applicability of subparts.

* * * * *

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


0
205. Revise the heading of subpart 25.1 to read as follows:

Subpart 25.1--Buy American--Supplies

0
206. Amend section 25.100 by revising paragraphs (a)(1) and (a)(3) to 
read as follows:


25.100  Scope of subpart.

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


25.101  [Amended]

0
207. Amend section 25.101 by--
0
a. Removing from the introductory text of paragraph (a) ``Buy American 
Act'' and adding ``Buy American statute'' in its place (two times);
0
b. Removing from paragraph (a)(2) ``41 U.S.C. 431'' and ``Buy American 
Act'' and adding ``41 U.S.C. 1907'' and ``Buy American statute'' in 
their place, respectively; and
0
c. Removing from paragraph (b) ``Buy American Act'' and adding ``Buy 
American statute'' in its place.

[[Page 24209]]

25.103  [Amended]

0
208. Amend section 25.103 by removing from the introductory text, 
paragraphs (a), (b) introductory text, and (b)(1)(iii)(A) ``Buy 
American Act'' and adding ``Buy American statute'' in its place.


25.105   [Amended]

0
209. Amend section 25.105 by removing from the introductory text of 
paragraph (b) ``Buy American Act'' and adding ``Buy American statute'' 
in its place.
0
210. Revise the heading of subpart 25.2 to read as follows:

Subpart 25.2--Buy American--Construction Materials

0
211. Amend section 25.200 by revising paragraphs (a)(1) and (a)(3) to 
read as follows:


25.200  Scope of subpart.

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


25.202  [Amended]

0
212. Amend section 25.202 by removing from paragraphs (a) introductory 
text and (a)(1) ``Buy American Act'' and adding ``Buy American 
statute'' in its place (three times).


25.203   [Amended]

0
213. Amend section 25.203 by removing from paragraph (a) ``Buy American 
Act'' and adding ``Buy American statute'' in its place.


25.204  [Amended]

0
214. Amend section 25.204 by removing from paragraph (b) ``Buy American 
Act'' and adding ``Buy American statute'' in its place.


25.205  [Amended]

0
215. Amend section 25.205 by removing from paragraphs (a), (b), and (c) 
``Buy American Act'' and adding ``Buy American statute'' in their 
places.


25.206   [Amended]

0
216. Amend section 25.206 by removing from paragraphs (a), (c)(1), and 
(c)(3) ``Buy American Act'' and adding ``Buy American statute'' in 
their places (four times).


25.400  [Amended]

0
217. Amend section 25.400 by removing from paragraph (a)(6) ``Buy 
American Act'' and adding ``Buy American statute'' in its place.


25.402   [Amended]

0
218. Amend section 25.402 by removing from the introductory text of 
paragraph (a)(1) ``Buy American Act'' and adding ``Buy American 
statute'' in its place (two times).


25.405  [Amended]

0
219. Amend section 25.405 by removing ``(Pub. L. 109-53)'' and adding 
``(Pub. L. 109-53) (19 U.S.C. 4031)'' in its place.


25.406   [Amended]

0
220. Amend section 25.406 by removing ``Buy American Act'' and adding 
``Buy American statute'' in its place.


25.407  [Amended]

0
221. Amend section 25.407 by removing ``Buy American Act'' and adding 
``Buy American statute'' in its place.


25.501   [Amended]

0
222. Amend section 25.501 by removing from paragraph (d) ``Buy American 
Act'' and adding ``Buy American statute'' in its place.


25.502  [Amended]

0
223. Amend section 25.502 by removing from paragraphs (c) introductory 
text, (c)(3), (d)(2), and (d)(3) ``Buy American Act'' and adding ``Buy 
American statute'' in its place.

0
224. Amend section 25.504-1 by revising the section heading; and 
removing from paragraphs (a)(2) and (b)(2) ``Buy American Act'' and 
adding ``Buy American statute'' in its place.
    The revised text reads as follows:


25.504-1  Buy American statute.

* * * * *


25.504-4   [Amended]

0
225. Amend section 25.504-4 by removing from paragraph (b) under the 
heading ``Problem'' the words ``Buy American Act'' and adding ``Buy 
American statute'' in its place.

0
226. Revise the heading of subpart 25.6 to read as follows:

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


25.600   [Amended]

0
227. Amend section 25.600 by removing ``the Buy American Act'' and 
adding ``41 U.S.C. chapter 83, Buy American (referred to in this 
subpart as the Buy American statute)'' in its place.


25.601   [Amended]

0
228. Amend section 25.601 by removing from paragraph (1) of the 
definition ``Domestic construction material'' the words ``Buy American 
Act'' and adding ``Buy American statute'' in its place.

0
229. Amend section 25.602-2 by revising the section heading; and 
removing ``Buy American Act'' and adding ``Buy American statute'' in 
its place. The revised text reads as follows:


25.602-2   Buy American statute.

* * * * *


25.603  [Amended]

0
230. Amend section 25.603 by removing from paragraphs (a)(1) 
introductory text, (a)(1)(iii), and (a)(2) ``Buy American Act'' and 
adding ``Buy American statute'' in its place.

0
231. Amend section 25.604 by revising the section heading; and removing 
from paragraph (a) ``Buy American Act'' and adding ``Buy American 
statute'' in its place. The revised text reads as follows:


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

* * * * *


25.606   [Amended]

0
232. Amend section 25.606 by removing from paragraphs (a), (b), and (c) 
``Buy American Act'' and adding ``Buy American statute'' in its place.


25.607   [Amended]

0
233. Amend section 25.607 by removing from paragraphs (a), (c)(1), and 
(c)(3) ``Buy American Act'' and adding ``Buy American statute'' in its 
places (four times).


25.700  [Amended]

0
234. Amend section 25.700 by removing from paragraph (b) ``110-174)'' 
and adding ``110-174) (50 U.S.C. 1701 note)'' in its place.


25.1001  [Amended]

0
235. Amend section 25.1001 by removing from paragraph (a) introductory 
text ``41 U.S.C. 254d'' and adding ``41 U.S.C. 4706'' in its place.


25.1101   [Amended]

0
236. Amend section 25.1101 by--
0
a. Removing from the introductory text of paragraph (a)(1) ``Buy 
American

[[Page 24210]]

Act'' and adding ``Buy American'' in its place;
0
b. Removing from paragraphs (a)(1)(ii), (c)(1), and (d) ``Buy American 
Act'' and adding ``Buy American statute'' in their places; and
0
c. Removing from paragraphs (a)(2), (b)(1)(i) introductory text, and 
(b)(2)(i) ``Buy American Act'' and adding ``Buy American'' in its 
place.


25.1102  [Amended]

0
237. Amend section 25.1102 by--
0
a. Removing from the introductory text of paragraph (a) ``Buy American 
Act'' and adding ``Buy American'' in its place;
0
b. Removing from paragraph (a)(1) ``Buy American Act'' and adding ``Buy 
American statute'' in its place;
0
c. Removing from paragraph (b)(1) ``Buy American Act'' and adding ``Buy 
American'' in its place;
0
d. Removing from paragraph (b)(2) ``Buy American Act'' and adding ``Buy 
American statute'' in its place;
0
e. Removing from the introductory text of paragraph (c) ``Buy American 
Act'' and adding ``Buy American'' in its place;
0
f. Removing from paragraphs (c)(1) and (c)(3) ``Buy American Act'' and 
adding ``Buy American statute'' in its place;
0
g. Removing from paragraph (d)(1) ``Buy American Act'' and adding ``Buy 
American'' in its place; and
0
h. Removing from paragraphs (d)(2), (e)(3)(i), and the introductory 
text of paragraph (e)(3)(ii) ``Buy American Act'' and adding ``Buy 
American statute'' in its place.

PART 26--OTHER SOCIOECONOMIC PROGRAMS


26.400   [Amended]

0
238. Amend section 26.400 by removing ``(Pub. L. 110-247)'' and adding 
``(42 U.S.C. 1792)'' in its place.

0
239. Amend section 26.403 by revising the introductory text of 
paragraph (a) to read as follows:


26.403  Procedures.

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

PART 27--PATENTS, DATA, AND COPYRIGHTS

0
240. The authority citation for 48 CFR part 27 is added to read as 
follows:

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


27.304-4   [Amended]

0
241. Amend section 27.304-4 by removing from paragraph (c) ``Act'' and 
adding ``statute'' in its place (two times).


27.406-3  [Amended]

0
242. Amend 27.406-3 by removing from paragraph (a) ``418a(d)'' and 
adding ``2302(e)'' in its place.

PART 28--BONDS AND INSURANCE

0
243. The authority citation for 48 CFR part 28 continues to read as 
follows:

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


0
244. Amend section 28.102-1 by revising the introductory text of 
paragraph (a) and paragraph (a)(2) to read as follows.


28.102-1   General.

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


28.102-2   [Amended]

0
245. Amend section 28.102-2 by removing from the heading of paragraph 
(b) ``$150,000 (Miller Act)'' and adding ``$150,000'' in its place.


28.106-1   [Amended]

0
246. Amend section 28.106-1 by removing from paragraphs (h) and (i) 
``Miller Act'' and adding ``Bonds Statute'' in its place.


28.106-4   [Amended]

0
247. Amend section 28.106-4 by removing from paragraph (b) ``Pub. L. 
103-355'' and adding ``Pub. L. 103-355 (10 U.S.C. 2302 note)'' in its 
place; and removing the words ``the Miller Act'' and adding ``40 U.S.C. 
chapter 31, subchapter III, Bonds'' in its place.


28.106-6   [Amended]

0
248. Amend section 28.106-6 by removing from the introductory text of 
paragraph (d) ``Pub. L. 103-355'' and adding ``Pub. L. 103-355 (10 
U.S.C. 2302 note)'' in its place; and removing ``Miller Act'' and 
adding ``Bonds statute'' in its place.

0
249. Amend section 28.202 by revising paragraph (a)(4) to read as 
follows.


28.202  Acceptability of corporate sureties.

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


28.203-5  [Amended]

0
250. Amend section 28.203-5 by removing from the headings of paragraphs 
(a)(1) and (a)(3) ``Miller Act'' and adding ``Bonds statute'' in its 
place.


28.204-3   [Amended]

0
251. Amend section 28.204-3 by removing from the introductory text of 
paragraphs (f)(2)(i) and (f)(2)(ii), ``Miller Act'' and adding ``Bonds 
statute'' in its place.

PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION

0
252. The authority citation for 48 CFR part 30 is revised to read as 
follows:

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


30.101  [Amended]

0
253. Amend section 30.101 by--
0
a. Removing from paragraph (a) ``Public Law 100-679 (41 U.S.C. 422)'' 
and adding ``41 U.S.C. chapter 15, Cost Accounting Standards,'' in its 
place; and
0
b. Removing from paragraph (b) ``Public Law 100-679'' and adding ``41 
U.S.C. chapter 15'' in its place.
0
254. The authority citation for 48 CFR parts 31, 32, and 33 continues 
to read as follows:

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

[[Page 24211]]

PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES


31.205-1  [Amended]

0
255. Amend section 31.205-1 by removing from paragraph (f)(8) ``Pub L. 
110-247) (see FAR subpart 26.4)'' and adding ``42 U.S.C. 1792, see 
subpart 26.4)'' in its place.

0
256. Amend section 31.205-6 by revising paragraph (g)(6) to read as 
follows:


31.205-6   Compensation for personal services.

* * * * *
    (g) * * *
    (6) Under 10 U.S.C. 2324(e)(1)(M) and 41 U.S.C. 4304(a)(13), the 
costs of severance payments to foreign nationals employed under a 
service contract performed outside the United States are unallowable to 
the extent that such payments exceed amounts typically paid to 
employees providing similar services in the same industry in the United 
States. Further, under 10 U.S.C. 2324(e)(1)(N) and 41 U.S.C. 
4304(a)(14), all such costs of severance payments that are otherwise 
allowable are unallowable if the termination of employment of the 
foreign national is the result of the closing of, or the curtailment of 
activities at, a United States facility in that country at the request 
of the government of that country; this does not apply if the closing 
of a facility or curtailment of activities is made pursuant to a 
status-of-forces or other country-to-country agreement entered into 
with the government of that country before November 29, 1989. 10 U.S.C. 
2324(e)(3) and 41 U.S.C. 4304(b) permit the head of the agency to waive 
these cost allowability limitations under certain circumstances (see 
37.113 and the solicitation provision at 52.237-8).
* * * * *


31.205-47   [Amended]

0
257. Amend section 31.205-47 by-
0
a. Removing from paragraph (a) introductory text ``subpart'' and adding 
``subsection'' in its place; and
0
b. In the introductory text of the definition of ``Fraud'', removing 
``Fraud, as used in this subsection'', and adding ``Fraud'' in its 
place;
    c. In paragraph (3) of the definition of ``Fraud'', removing ``the 
Anti-Kickback Act, 41 U.S.C., sections 51 and 54'' and adding ``41 
U.S.C. chapter 87, Kickbacks'' in its place.


31.603  [Amended]

0
258. Amend section 31.603 by--
0
a. Removing from the introductory text of paragraph (b) ``41 U.S.C. 
256(e)'' and adding ``41 U.S.C. 4304(a)'' in its place; and
0
b. Removing from paragraph (b)(15) ``41 U.S.C. 256(k)'' and adding ``41 
U.S.C. 4310'' in its place.


31.703  [Amended]

0
259. Amend section 31.703 by removing from paragraph (b) ``41 U.S.C. 
256(e)'' and adding ``41 U.S.C. 4304'' in its place.

PART 32--CONTRACT FINANCING

0
260. Amend section 32.006-1 by revising paragraph (a) and the first 
sentence of paragraph (b) to read as follows:


32.006-1   General.

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


32.006-2  [Amended]

0
261. Amend section 32.006-2 by removing from the definition ``Remedy 
coordination official'' the citation ``41 U.S.C. 255(g)(9)'' and adding 
``41 U.S.C. 4506(a)'' in its place.


32.006-5  [Amended]

0
262. Amend section 32.006-5 by removing from paragraph (a) and from the 
introductory text of paragraph (b) ``41 U.S.C. 255'' and ``10 U.S.C. 
2307'' and adding ``41 U.S.C. 4506(h)'' and ``10 U.S.C. 2307(i)(7)'' in 
their places, respectively;

0
263. Revise section 32.101 to read as follows:


32.101  Authority.

    The basic authority for the contract financing described in this 
part is contained in 41 U.S.C. chapter 45, Contract Financing, 10 
U.S.C. 2307, and Title III of the Defense Production Act of 1950 (50 
U.S.C. App. 2091).


32.102  [Amended]

0
264. Amend section 32.102 by removing from paragraph (d) ``41 U.S.C. 
255'' and adding ``41 U.S.C. chapter 45'' in its place.


32.112-1   [Amended]

0
265. Amend section 32.112-1 by removing from the introductory text of 
paragraph (a) ``Pub. L. 103-355'' and adding ``Pub. L. 103-355 (10 
U.S.C. 2302 note)'' in its place.


32.112-2  [Amended]

0
266. Amend section 32.112-2 by removing from the introductory text of 
paragraph (a) ``Pub. L. 103-355'' and adding ``Pub. L. 103-355 (10 
U.S.C. 2302 note)'' in its place.


32.201  [Amended]

0
267. Amend section 32.201 by removing ``41 U.S.C. 255(f)'' and adding 
``41 U.S.C. 4505'' in its place.


32.202-4   [Amended]

0
268. Amend section 32.202-4 by removing from the introductory text of 
paragraph (a)(1) ``41 U.S.C. 255(f)'' and adding ``41 U.S.C. 4505'' in 
its place.

0
269. Amend section 32.401 by revising paragraphs (a) and (b) to read as 
follows:


32.401   Statutory authority.

* * * * *
    (a) 41 U.S.C. chapter 45;
    (b) 10 U.S.C. 2307; or
* * * * *


32.410  [Amended]

0
270. Amend section 32.410(b) by removing from paragraph (c) of the 
example ``Findings, Determination, and Authority for Advance Payments'' 
``(section 305 of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 255)) (the Armed Services Procurement Act (10 U.S.C. 
2307))'' and adding ``(41 U.S.C. chapter 45, Contract Financing) (10 
U.S.C. 2307)'' in its place.


32.501-1  [Amended]

0
271. Amend section 32.501-1 by removing from paragraph (d) ``41 U.S.C. 
255'' and adding ``41 U.S.C. 4504(b)'' in its place.


32.604   [Amended]

0
272. Amend section 32.604 by removing from paragraph (b)(4)(ii) 
``Section 611 of the Contract Disputes Act of 1978 (Public Law 95-
563)'' and adding ``41 U.S.C. 7109'' in its place.


32.606   [Amended]

0
273. Amend section 32.606, by removing from paragraph (a) ``41 U.S.C. 
15'' and adding ``41 U.S.C. 6305'' in its place.

[[Page 24212]]

32.703-3   [Amended]

0
274. Amend section 32.703-3, by removing from paragraph (a), ``41 
U.S.C. 11a'' and adding ``41 U.S.C. 6302'' in its place; and removing 
from paragraph (b) ``41 U.S.C. 253l'' and adding ``41 U.S.C. 3902'' in 
its place.


32.800   [Amended]

0
275. Amend section 32.800 by removing ``31 U.S.C. 3727'' and adding 
``(31 U.S.C. 3727, 41 U.S.C. 6305)'' in its place.


32.805  [Amended]

0
276. Amend section 32.805(c), under the heading ``Notice of 
Assignment'', by removing from the third paragraph, ``31 U.S.C. 3727, 
41 U.S.C. 15'' and adding ``(31 U.S.C. 3727, 41 U.S.C. 6305)'' in its 
place.

PART 33--PROTESTS, DISPUTES, AND APPEALS


33.102  [Amended]

0
277. Amend section 33.102 by removing from paragraph (f) ``41 U.S.C. 
423(g)'' and adding ``41 U.S.C. 2106'' in its place.

33.201  [Amended]

0
278. Amend section 33.201 by removing from the definition ``Defective 
certification'' the words ``a person duly'' and adding ``a person'' in 
its place.


0
279. Revise the section heading and the introductory text of section 
33.202 to read as follows.

33.202  Disputes.

    41 U.S.C. chapter 71, Disputes, establishes procedures and 
requirements for asserting and resolving claims subject to the Disputes 
statute. In addition, the Disputes statute provides for--
* * * * *

0
280. Amend section 33.203 by--
0
a. Revising paragraph (b)(1);
0
b. Removing from paragraphs (b)(2) ``Act'' and adding ``Disputes 
statute'' in its place; and
0
c. Revising paragraph (c).
    The revised text reads as follows:


33.203  Applicability.

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


0
281. Amend section 33.205 by--
0
a. Revising the section heading;
0
b. Removing from paragraph (a) ``Contract Disputes Act of 1978'' and 
adding ``Disputes statute'' in its place (two times);
0
c. Removing from paragraph (b) ``under the Act'' and adding ``under the 
Dispute statute'' in its place; and
0
d. Removing from paragraph (c) ``Contract Disputes Act of 1978'' and 
adding ``Disputes statute'' in its place; and removing ``Subpart'' and 
adding ``subpart'' in its place (two times).
    The revised text reads as follows:


33.205  Relationship of the Disputes statute to Pub. L. 85-804.

* * * * *

33.207  [Amended]

0
282. Amend section 33.207 by removing from paragraph (e) ``duly''.

33.208  [Amended]

0
283. Amend section 33.208 by removing from paragraph (b) ``the Act'' 
and adding ``the Disputes statute'' in its place.

33.210  [Amended]

0
284. Amend section 33.210 by removing from the introductory text ``the 
Act'' and adding ``the Disputes statute'' in its place.

33.211  [Amended]

0
285. Amend section 33.211 by removing from paragraph (2) of the text in 
quotation marks following paragraph (a)(4)(v) ``the Contract Disputes 
Act of 1978, 41 U.S.C. 603'' and adding ``41 U.S.C. 7102(d)'' in its 
place.

33.213  [Amended]

0
286. Amend section 33.213 by removing from paragraph (a) ``the Act'' 
and adding ``the Disputes statute'' in its place (two times); and 
removing ``41 U.S.C. 605(b)'' and adding ``41 U.S.C. 7103(g)'' in its 
place.

PART 36--CONSTRUCTION AND ARCHITECT--ENGINEER

0
287. The authority citation for 48 CFR part 36 is revised to read as 
follows:

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

36.104  [Amended]

0
288. Amend section 36.104 by removing from paragraph (a) ``the Brooks 
Architect-Engineers Act (40 U.S.C. 1101 et seq.)'' and ``41 U.S.C. 
253m'' and adding ``40 U.S.C. chapter 11, Selection of Architects and 
Engineers,'' and ``41 U.S.C. 3309'' in their places.

36.300  [Amended]

0
289. Amend section 36.300 by removing ``41 U.S.C. 253m'' and adding 
``41 U.S.C. 3309'' in its place.

PART 37--SERVICE CONTRACTING

0
290. The authority citation for 48 CFR part 37 continues to read as 
follows:

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


0
291. Amend section 37.000 by revising the last sentence to read as 
follows:


37.000  Scope of part.

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

37.106  [Amended]

0
292. Amend section 37.106 by removing from paragraph (b) ``41 U.S.C. 
253l'' and adding ``41 U.S.C. 3902'' in its place.


0
293. Revise section 37.107 to read as follows.


37.107  Service Contract Labor Standards.

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

[[Page 24213]]

37.202  [Amended]

0
294. Amend section 37.202 by removing from paragraph (b) ``the Brooks 
Architect-Engineers Act (40 U.S.C. 1102)'' and adding ``40 U.S.C. 
1102'' in its place.
0
295. Amend section 37.203 by revising paragraph (d)(2) to read as 
follows.


37.203  Policy.

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

0
296. Revise section 37.301 to read as follows:


37.301  Labor standards.

    Contracts for dismantling, demolition, or removal of improvements 
are subject to either 41 U.S.C. chapter 67, Service Contract Labor 
Standards, or 40 U.S.C. chapter 31, subchapter IV, Wage Rate 
Requirements (Construction). If the contract is solely for dismantling, 
demolition, or removal of improvements, the Service Contract Labor 
Standards statute applies unless further work which will result in the 
construction, alteration, or repair of a public building or public work 
at that location is contemplated. If such further construction work is 
intended, even though by separate contract, then the Construction Wage 
Rate Requirements statute applies to the contract for dismantling, 
demolition, or removal.


37.302  [Amended]

0
297. Amend section 37.302 by removing from the introductory text ``the 
Miller Act (40 U.S.C. 3131 et seq.)'' and adding ``40 U.S.C. chapter 
31, subchapter III, Bonds,'' in its place.


37.401  [Amended]

0
298. Amend section 37.401 by removing from the introductory text ``41 
U.S.C. 253'' and adding ``41 U.S.C. chapter 33, Planning and 
Solicitation'' in its place.

PART 38--FEDERAL SUPPLY SCHEDULE CONTRACTING

0
299. The authority citation for 48 CFR part 38 is revised to read as 
follows:

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


38.101  [Amended]

0
300. Amend section 38.101 by removing from paragraph (a) ``41 U.S.C. 
259(b)(3)(A)'' and adding ``41 U.S.C. 152(3)'' in its place.

PART 39--ACQUISITION OF INFORMATION TECHNOLOGY

0
301. The authority citation for 48 CFR part 39 is revised to read as 
follows:

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


39.103  [Amended]

0
302. Amend section 39.103 by removing from paragraph (a) ``Section 
5202, Incremental Acquisition of Information Technology, of the 
Clinger-Cohen Act of 1996 (Public Law 104-106)'' and adding ``41 U.S.C. 
2308'' in its place.

PART 41--ACQUISITION OF UTILITY SERVICES

0
303. The authority citation for 48 CFR part 41 is revised to read as 
follows:

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


41.101  [Amended]

0
304. Amend section 41.101 by removing from the definition ``Utility 
service'' the words ``Service Contract Act of 1965'' and adding ``41 
U.S.C. chapter 67, Service Contract Labor Standards'' in its place.

0
305. The authority citation for 48 CFR parts 42, 43, and 44 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 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES


42.703-1  [Amended]

0
306. Amend section 42.703-1 by--
0
a. Removing from paragraph (a) ``41 U.S.C. 254d(d)'' and adding ``41 
U.S.C. 4706(e)'' in its place; and
0
b. Removing from the introductory text of paragraph (c) ``41 U.S.C. 
256(a)'' and adding ``41 U.S.C. 4303(a)'' in its place.


42.703-2  [Amended]

0
307. Amend section 42.703-2 by--
0
a. Removing from paragraph (a) ``41 U.S.C. 256(h)'' and adding ``41 
U.S.C. 4307'' in its place; and
0
b. Removing from paragraph (e) ``41 U.S.C. 256(a) through (d)'' and 
adding ``41 U.S.C. 4303'' in its place.


42.705-1  [Amended]

0
308. Amend section 42.705-1 by removing from paragraph (b)(4) 
introductory text ``41 U.S.C. 256(f)'' and adding ``41 U.S.C. 4305'' in 
its place.


42.705-3  [Amended]

0
309. Amend section 42.705-3 by removing from paragraph (b)(1) ``41 
U.S.C. 254a'' and adding ``41 U.S.C. 4708'' in its place.


42.709  [Amended]

0
310. Amend section 42.709 by removing from the introductory text of 
paragraph (a) ``41 U.S.C. 256(a) through (d)'' and adding ``41 U.S.C. 
4303'' in its place.

0
311. Amend section 42.1203 by revising paragraph (a) to read as 
follows:


42.1203  Processing agreements.

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


42.1204  [Amended]

0
312. Amend section 42.1204 by removing from the introductory text of 
paragraph (a) ``41 U.S.C. 15'' and adding ``41 U.S.C. 6305'' in its 
place.


42.1601  [Amended]

0
313. Amend section 42.1601 by removing ``the Contract Disputes Act of 
1978 (41 U.S.C. 601-613)'' and adding ``41 U.S.C. chapter 71, Contract 
Disputes'' in its place.

PART 43--CONTRACT MODIFICATIONS


43.102  [Amended]

0
314. Amend section 43.102 by removing paragraph (c).

PART 44--SUBCONTRACTING POLICIES AND PROCEDURES


44.201-2  [Amended]

0
315. Amend section 44.201-2 by removing from paragraph (b) ``41 U.S.C. 
254(b)'' and adding ``41 U.S.C. 3905'' in its place.


44.202-2  [Amended]

0
316. Amend section 44.202-2 by removing from paragraph (a)(4)(ii) 
``Javits-Wagner-O'Day Act (41 U.S.C. 48)'' and adding ``41 U.S.C. 
8504'' in its place.


44.400  [Amended]

0
317. Amend section 44.400 by removing ``with section 8002(b)(2) of

[[Page 24214]]

Public Law 103-355'' and adding ``with 41 U.S.C. 3307'' in its place.


44.402  [Amended]

0
318. Amend section 44.402 by removing from paragraph (b) ``and 
Commercial Components''.

PART 46--QUALITY ASSURANCE

0
319. The authority citation for 48 CFR part 46 is revised to read as 
follows:

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


46.102  [Amended]

0
320. Amend section 46.102 by removing from paragraph (f) ``Section 8002 
of Public Law 103-355'' and adding ``41 U.S.C. 3307'' in its place.

PART 47--TRANSPORTATION

0
321. The authority citation for 48 CFR part 47 is revised to read as 
follows:

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


0
322. Amend section 47.202 by revising paragraph (a) to read as follows:


47.202  Presolicitation planning.

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

PART 48--VALUE ENGINEERING

0
323. The authority citation for 48 CFR part 48 is revised to read as 
follows:

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


48.102  [Amended]

0
324. Amend section 48.102 by--
0
a. Removing from paragraph (a) ``Section 36 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 401, et seq.)'' and adding ``41 
U.S.C. 1711'' in its place; and
0
b. Removing from paragraph (e) ``41 U.S.C. 254(b)'' and adding ``41 
U.S.C. 3905'' in its place.

PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

0
325. The authority citation for 48 CFR part 50 is revised to read as 
follows:

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


50.101-2  [Amended]

0
326. Amend section 50.101-2 by removing from paragraph (c) ``the 
Contract Disputes Act of 1978'' and adding ``41 U.S.C. chapter 71, 
Contract Disputes'' in its place; removing ``Part'' and adding ``part'' 
in its place (two times); and removing ``Subpart'' and adding 
``subpart'' in its place.


50.102-3  [Amended]

0
327. Amend section 50.102-3 by removing from paragraph (c) ``10 U.S.C. 
2304(a)(15) or 41 U.S.C. 252(c)(14), or FAR''.
0
328. Amend section 50.103-7 by revising paragraph (b) to read as 
follows:


50.103-7  Contract requirements.

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

PART 51--USE OF GOVERNMENT SOURCES BY CONTRACTORS

0
329. The authority citation for 48 CFR part 51 is revised to read as 
follows:

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


0
330. Amend section 51.101 by--
0
a. Revising the introductory text of paragraph (a)(3); and
0
b. Removing from paragraph (a)(3)(i) ``Government,'' and adding 
``Government;'' in its place.
    The revised text reads as follows:


51.101  Policy.

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

0
331. The authority citation for 48 CFR parts 52 and 53 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 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
332. Amend section 52.203-5 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a) ``liability or, in its discretion,'' and 
adding ``liability or'' in its place.
    The revised text reads as follows:


52.203-5  Covenant Against Contingent Fees.

* * * * *

Covenant Against Contingent Fees (MAY 2014)

* * * * *

0
333. Amend section 52.203-7 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a), in the definition ``Kickback'' the 
words ``, directly or indirectly,''.
0
c. Revising the introductory text of paragraph (b); and
0
d. Removing from paragraph (c)(2) ``Department of Justice'' and adding 
``Attorney General'' in its place.
    The revised text reads as follows:


52.203-7  Anti-Kickback Procedures.

* * * * *

Anti-Kickback Procedures (MAY 2014)

* * * * *
    (b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--
* * * * *

0
334. Amend section 52.203-8 by--
0
a. Revising the date of the clause; and
0
b. Revising the introductory text of paragraph (a), and the 
introductory text of paragraph (a)(2)(i), and revising paragraph 
(a)(2)(ii) to read as follows:


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

* * * * *

Cancellation, Rescission, and Recovery of Funds for Illegal Or Improper 
Activity (MAY 2014)

    (a) If the Government receives information that a contractor or a 
person has violated 41 U.S.C. 2102-2104, Restrictions on Obtaining and 
Disclosing Certain Information, the Government may--
* * * * *
    (2) * * *
    (i) The Contractor or someone acting for the Contractor has been 
convicted for an offense where the conduct

[[Page 24215]]

violates 41 U.S.C. 2102 for the purpose of either--
* * * * *
    (ii) The head of the contracting activity has determined, based 
upon a preponderance of the evidence, that the Contractor or someone 
acting for the Contractor has engaged in conduct punishable under 41 
U.S.C. 2105(a).
* * * * *

0
335. Amend section 52.203-10 by--
0
a. Revising the date of the clause;
0
b. Revising paragraph (a); and
0
c. Removing from paragraph (c) ``Act'' and adding ``statute'' in its 
place.
    The revised text reads as follows:


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

* * * * *

Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

    (a) The Government, at its election, may reduce the price of a 
fixed-price type contract and the total cost and fee under a cost-type 
contract by the amount of profit or fee determined as set forth in 
paragraph (b) of this clause if the head of the contracting activity or 
designee determines that there was a violation of 41 U.S.C. 2102 or 
2103, as implemented in section 3.104 of the Federal Acquisition 
Regulation.
* * * * *

0
336. Amend section 52.204-8 by--
0
a. Revising the date of the provision; and
0
b. Revising paragraph (c)(1)(xvi), the introductory text of paragraph 
(c)(1)(xvii), and paragraphs (c)(2)(iii) and (c)(2)(iv).
    The revised text reads as follows:


52.204-8  Annual Representations and Certifications.

* * * * *

Annual Representations and Certifications (MAY 2014)

* * * * *
    (c)(1) * * *
    (xvi) 52.225-2, Buy American Certificate. This provision applies to 
solicitations containing the clause at 52.225-1.
    (xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade 
Act Certificate. (Basic, Alternates I, II, and III.) This provision 
applies to solicitations containing the clause at 52.225-3.
* * * * *
    (2) * * *
    -- (iii) 52.222-48, Exemption from Application of the Service 
Contract Labor Standards to Contracts for Maintenance, Calibration, or 
Repair of Certain Equipment--Certification.
    -- (iv) 52.222-52, Exemption from Application of the Service 
Contract Labor Standards to Contracts for Certain Services--
Certification.
* * * * *

0
337. Amend section 52.208-9 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a) ``the Javits-Wagner-O'Day Act (41 U.S.C. 
48)'' and adding ``41 U.S.C. 8504'' in its place.
    The revised text reads as follows:


52.208-9  Contractor Use of Mandatory Sources of Supply or Services.

* * * * *

Contractor Use of Mandatory Sources of Supply or Services (MAY 2014)

* * * * *

0
338. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing from the heading and introductory text of paragraph (f) the 
word ``Act'' (two times);
0
c. Removing from paragraph (f)(1) ``Act'';
0
d. Removing from paragraph (g)(1) heading and introductory text 
``American Act'' and ``American Act'' and adding ``American'' and 
``American'' in their places;
0
e. Removing from paragraphs (g)(1)(i), (g)(1)(ii), and (g)(1)(iii) 
``American Act'' adding ``American'' in their places respectively 
(three times);
0
f. Removing from paragraphs (g)(2), (g)(3), and (g)(4) ``American Act'' 
and ``American Act'', and adding ``American'' and ``American'' in their 
places wherever they appear;
0
g. Removing from paragraph (g)(5)(iii) ``American Act'' and adding 
``American statute'' in its place;
0
h. Removing from the heading of paragraph (k) ``Contract Act'' and 
adding ``Contract Labor Standards'' in its place; and
0
i. Removing from paragraph (k)(3)(i) ``Contract Act'' and adding 
``Contract Labor Standards'' in its place.
0
j. Amending Alternate I by--
0
i. Revising the date of Alternate I;
0
ii. Removing from paragraph (12), fourth subparagraph ``U.S. Trust 
Territory of the Pacific Islands (Republic of Palau)'' and adding 
``Republic of Palau'' in its place.
    The revised text reads as follows:


52.212-3  Offeror Representations and Certifications--Commercial Items.

* * * * *

Offeror Representations and Certifications--Commercial Items (MAY 2014)

* * * * *

Alternate I (MAY 2014). * * *

* * * * *

0
339. Amend section 52.212-4 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (d) ``the Contract Disputes Act of 1978, as 
amended (41 U.S.C. 601-613)'' and adding ``41 U.S.C. chapter 71, 
Contract Disputes'' in its place;
0
c. Removing from paragraph (i)(6)(i) ``Section 611 of the Contract 
Disputes Act of 1978 (Public Law 95-563)'' and adding ``41 U.S.C. 
7109'' in its place;
0
d. Revising paragraph (r); and
0
e. Amending Alternate I by--
0
i. Revising the date of Alternate I; and
0
ii. Removing from paragraph (i)(6)(i) ``section 611 of the Contract 
Disputes Act of 1978 (Public Law 95-563)'' and adding ``41 U.S.C. 
7109'' in its place.
    The revised text reads as follows:


52.212-4  Contract Terms and Conditions--Commercial Items.

* * * * *

Contract Terms and Conditions--Commercial Items (MAY 2014)

* * * * *
    (r) Compliance with laws unique to Government contracts. The 
Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations 
on the use of appropriated funds to influence certain Federal 
contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 
U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. 
chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to 
whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 
chapter 21 relating to procurement integrity.
* * * * *
    Alternate I (MAY 2014). * * *
* * * * *

0
340. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(3) ``(Pub. L. 108-77, 108-78).'' and 
adding ``(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).'' in 
its place;
0
c. Removing from paragraph (b)(1) ``(41 U.S.C. 253g'' and adding ``(41 
U.S.C. 4704'' in its place;
0
d. Removing from paragraph (b)(2) ``(Pub. L. 110-252, Title VI, Chapter 
1 (41 U.S.C. 251 note)).'' and adding ``(41 U.S.C. 3509).'' in its 
place;
0
e. Revising paragraphs (b)(16), (b)(41) and (b)(42);
0
f. Removing from paragraphs (b)(48) and (b)(49) ``(41 U.S.C. 255(f)'' 
and adding ``(41 U.S.C. 4505'' in their places;
0
g. Revising paragraph (b)(52);
0
h. Revising paragraphs (c)(1) through (c)(8);

[[Page 24216]]

0
i. Removing from paragraph (e)(1)(i) ``(Pub. L. 110-252, Title VI, 
Chapter 1 (41 U.S.C. 251 note))'' and adding ``(41 U.S.C. 3509)'' in 
its place;
0
j. Revising paragraphs (e)(1)(ii), (e)(1)(iii), (e)(1)(viii), 
(e)(1)(x), (e)(1)(xi), and (e)(1)(xiv);
0
k. Amending Alternate II by--
0
i. Revising the date of the Alternate;
0
ii. Removing from paragraph (e)(1)(ii)(A) ``(Pub. L. 110-252, Title VI, 
Chapter 1 (41 U.S.C. 251 note)'' and adding ``(41 U.S.C. 3509)'' in its 
place;
0
iii. Revising paragraphs (e)(1)(ii)(C), (e)(1)(ii)(H), (e)(1)(ii)(J), 
(e)(1)(ii)(K) and (e)(1)(ii)(M).
    The revised text reads as follows:


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

* * * * *

Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders--Commercial Items (MAY 2014)

* * * * *
    (b) * * *
    -- (16) 52.219-8, Utilization of Small Business Concerns (MAY 2014) 
(15 U.S.C. 637(d)(2) and (3).
* * * * *
    -- (41) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. 
chapter 83).
    -- (42)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli 
Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 
U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 
110-138, 112-41, 112-42, and 112-43.
    -- (ii) Alternate I (MAY 2014) of 52.225-3.
    -- (iii) Alternate II (MAY 2014) of 52.225-3.
    -- (iv) Alternate III (MAY 2014) of 52.225-3.
* * * * *
    -- (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 
3332).
* * * * *
    (c) * * *
    -- (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 
U.S.C. chapter 67).
    -- (2) 52.222-42, Statement of Equivalent Rates for Federal Hires 
(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
    -- (3) 52.222-43, Fair Labor Standards Act and Service Contract 
Labor Standards--Price Adjustment (Multiple Year and Option Contracts) 
(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
    -- (4) 52.222-44, Fair Labor Standards Act and Service Contract 
Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 
U.S.C. chapter 67).
    -- (5) 52.222-51, Exemption from Application of the Service 
Contract Labor Standards to Contracts for Maintenance, Calibration, or 
Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 
67).
    -- (6) 52.222-53, Exemption from Application of the Service 
Contract Labor Standards to Contracts for Certain Services--
Requirements (MAY 2014) (41 U.S.C. chapter 67).
    -- (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) 
(E.O. 13495).
    -- (8) 52.226-6, Promoting Excess Food Donation to Nonprofit 
Organizations (MAY 2014) (42 U.S.C. 1792).
* * * * *
    (e)(1) * * *
    (ii) 52.219-8, Utilization of Small Business Concerns (MAY 2014) 
(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further 
subcontracting opportunities. If the subcontract (except subcontracts 
to small business concerns) exceeds $650,000 ($1.5 million for 
construction of any public facility), the subcontractor must include 
52.219-8 in lower tier subcontracts that offer subcontracting 
opportunities.
    (iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) 
(E.O. 13495). Flow down required in accordance with paragraph (l) of 
FAR clause 52.222-17.
* * * * *
    (viii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 
U.S.C. chapter 67).
* * * * *
    (x) 52.222-51, Exemption from Application of the Service Contract 
Labor Standards to Contracts for Maintenance, Calibration, or Repair of 
Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
    (xi) 52.222-53, Exemption from Application of the Service Contract 
Labor Standards to Contracts for Certain Services--Requirements (MAY 
2014) (41 U.S.C. chapter 67).
* * * * *
    (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit 
Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in 
accordance with paragraph (e) of FAR clause 52.226-6.
* * * * *
    Alternate II (MAY 2014). * * *
* * * * *
    (e)(1)(ii) * * *
    (C) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further 
subcontracting opportunities. If the subcontract (except subcontracts 
to small business concerns) exceeds $650,000 ($1.5 million for 
construction of any public facility), the subcontractor must include 
52.219-8 in lower tier subcontracts that offer subcontracting 
opportunities.
* * * * *
    (H) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 
U.S.C. chapter 67).
* * * * *
    (J) 52.222-51, Exemption from Application of the Service Contract 
Labor Standards to Contracts for Maintenance, Calibration, or Repair of 
Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
    (K) 52.222-53, Exemption from Application of the Service Contract 
Labor Standards to Contracts for Certain Services--Requirements (MAY 
2014) (41 U.S.C. chapter 67).
* * * * *
    (M) 52.226-6, Promoting Excess Food Donation to Nonprofit 
Organizations. (MAY 2014) (42 U.S.C. 1792). Flow down required in 
accordance with paragraph (e) of FAR clause 52.226-6.
* * * * *

0
341. Amend section 52.213-4 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(1)(vii) ``(Pub. L. 108-77, 108-78)'' and 
adding ``(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note))'' in its 
place;
0
c. Revising paragraphs (a)(2)(vii) and (a)(2)(viii);
0
d. Revising paragraphs (b)(1)(iii), (b)(1)(vii) and (b)(1)(x);
0
e. Redesignating paragraphs (b)(1)(xi) through (b)(1)(xiii) as 
paragraph (b)(1)(xii) through (b)(1)(xiv) respectively;
0
f. Adding a new paragraph (b)(1)(xi);
0
g. Removing paragraph (b)(2)(iii); and
0
h. Redesignating paragraphs (b)(2)(iv) and (b)(2)(v) as paragraphs 
(b)(2)(iii) and (b)(2)(iv), respectively.
    The revised text reads as follows:


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

* * * * *

Terms and Conditions--Simplified Acquisitions (Other Than Commercial 
Items) (MAY 2014)

* * * * *
    (a) * * *
    (2) * * *
    (vii) 52.233-1, Disputes (MAY 2014).

[[Page 24217]]

    (viii) 52.244-6, Subcontracts for Commercial Items (MAY 2014).
* * * * *
    (b) * * *
    (1) * * *
    (iii) 52.222-20, Contracts for Materials, Supplies, Articles, and 
Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies 
to supply contracts over $15,000 in the United States, Puerto Rico, or 
the U.S. Virgin Islands).
* * * * *
    (vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 
U.S.C. chapter 67) (Applies to service contracts over $2,500 that are 
subject to the Service Contract Labor Standards statute and will be 
performed in the United States, District of Columbia, Puerto Rico, the 
Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin 
Islands, Johnston Island, Wake Island, or the outer Continental Shelf.)
* * * * *
    (x) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 
83) (Applies to contracts for supplies, and to contracts for services 
involving the furnishing of supplies, for use in the United States or 
its outlying areas, if the value of the supply contract or supply 
portion of a service contract exceeds the micro-purchase threshold and 
the acquisition--
    (A) Is set aside for small business concerns; or
    (B) Cannot be set aside for small business concerns (see 19.502-2), 
and does not exceed $25,000.)
* * * * *
    (xi) 52.226-6, Promoting Excess Food Donation to Nonprofit 
Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater 
than $25,000 that provide for the provision, the service, or the sale 
of food in the United States.)
* * * * *

0
342. Amend section 52.219-1 by revising the date of Alternate I and the 
checklist item ``Asian-Pacific American'' in paragraph (b)(9) to read 
as follows:


52.219-1  Small Business Program Representations.

* * * * *
    Alternate I (MAY 2014) * * *
* * * * *
    (9) * * *
* * * * *
    -- Asian-Pacific American (persons with origins from Burma, 
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, 
Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic 
of Palau, Republic of the Marshall Islands, Federated States of 
Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, 
Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
* * * * *

0
343. Amend section 52.219-8 by--
0
a. Revising the section heading and the date of the clause; and
0
b. Removing from paragraph (a) ``contracts let'' and adding ``contracts 
awarded'' in its place.
    The revised text reads as follows:


52.219-8  Utilization of Small Business Concerns.

* * * * *

Utilization of Small Business Concerns (MAY 2014)

* * * * *
0
344. Amend section 52.222-4 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (b) ``Standards Act'' and adding ``Standards 
statute (found at 40 U.S.C. chapter 37)'' in its place;
0
c. Removing from paragraph (c) ``Standards Act''; and adding 
``Standards statute'' in its place; and
0
d. Removing from paragraph (d)(1) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place.
    The revised text reads as follows:


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

* * * * *

Contract Work Hours and Safety Standards--Overtime Compensation (MAY 
2014)

* * * * *
0
345. Amend section 52.222-5 by--
0
a. Revising the section and provision headings; and
0
b. Removing from paragraph (a)(1) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements'' in its place.
    The revised text reads as follows:


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

* * * * *

Construction Wage Rate Requirements--Secondary Site of the Work (MAY 
2014)

* * * * *
0
346. Amend section 52.222-6 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (b)(2) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place;
0
c. Removing from paragraph (b)(4) ``Davis-Bacon'' and adding 
``Construction Wage Rate Requirements (Davis-Bacon Act)'' in its place; 
and
0
d. Removing from paragraph (e) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place.
    The revised text reads as follows:


52.222-6  Construction Wage Rate Requirements.

* * * * *

Construction Wage Rate Requirements (MAY 2014)

* * * * *
0
347. Amend section 52.222-7 by revising the date of the clause; and 
removing from the clause ``Davis-Bacon''.
    The revised text reads as follows:


52.222-7  Withholding of Funds.

* * * * *

Withholding of Funds (MAY 2014)

* * * * *
0
348. Amend section 52.222-8 by revising the date of the clause and 
paragraph (a) to read as follows:


52.222-8  Payrolls and Basic Records.

* * * * *

Payrolls and Basic Records (MAY 2014)

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

[[Page 24218]]

which show the costs anticipated or the actual cost incurred in 
providing such benefits. Contractors employing apprentices or trainees 
under approved programs shall maintain written evidence of the 
registration of apprenticeship programs and certification of trainee 
programs, the registration of the apprentices and trainees, and the 
ratios and wage rates prescribed in the applicable programs.
* * * * *

0
349. Amend section 52.222-11 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(4) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements'' in its place, and removing 
``site of work'' and adding ``site of the work'' in its place;
0
c. Removing from paragraph (a)(5) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements'' in its place; and
0
d. Revising paragraphs (b)(1), (b)(2), and (b)(10) to read as follows:


52.222-11  Subcontracts (Labor Standards).

* * * * *

Subcontracts (Labor Standards) (MAY 2014)

* * * * *
    (b) * * *
    (1) Construction Wage Rate Requirements;
    (2) Contract Work Hours and Safety Standards--Overtime Compensation 
(if the clause is included in this contract);
* * * * *
    (10) Compliance with Construction Wage Rate Requirements and 
Related Regulations; and
* * * * *
0
350. Revising section 52.222-12 to read as follows:


52.222-12  Contract Termination--Debarment.

    As prescribed in 22.407(a), insert the following clause:

Contract Termination--Debarment (MAY 2014)

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


(End of Clause)

0
351. Revise section 52.222-13 to read as follows:


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

    As prescribed in 22.407(a), insert the following clause:

Compliance With Construction Wage Rate Requirements and Related 
Regulations (MAY 2014)

    All rulings and interpretations of the Construction Wage Rate 
Requirements and related statutes contained in 29 CFR parts 1, 3, and 5 
are hereby incorporated by reference in this contract.


(End of clause)


0
352. Amend section 52.222-15 by revising the date of the clause, and 
paragraphs (a) and (b), to read as follows:


52.222-15  Certification of Eligibility.

* * * * *

Certification of Eligibility (MAY 2014)

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

0
353. Amend section 52.222-16 by--
0
a. Revising the date of the clause; and
0
b. Removing from the clause ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements'' in its place.
    The revised text reads as follows:


52.222-16  Approval of Wage Rates.

* * * * *

Approval of Wage Rates (MAY 2014)

* * * * *

0
354. Amend section 52.222-17 by
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c)(1) ``Act'' and adding ``Labor Standards 
statute'' in its place.
    The revised text reads as follows:


52.222-17  Nondisplacement of Qualified Workers.

* * * * *

Nondisplacement of Qualified Workers (MAY 2014)

* * * * *

0
355. Revise section 52.222-20 to read as follows:


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

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

Contracts for Materials, Supplies, Articles, and Equipment Exceeding 
$15,000 (MAY 2014)

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


(End of clause)


0
356. Amend section 52.222-30 by--
0
a. Revising the section and clause headings; and
0
b. Removing from paragraphs (a) and (b)(3) the words ``Davis-Bacon 
Act'' and adding ``Construction Wage Rate Requirements statute'' in its 
place.
    The revised text reads as follows:


52.222-30  Construction Wage Rate Requirements--Price Adjustment (None 
or Separately Specified Method).

* * * * *

Construction Wage Rate Requirements--Price Adjustment (None or 
Separately Specified Method) (MAY 2014)

* * * * *

0
357. Amend section 52.222-31 by--
0
a. Revising the section and clause headings; and
0
b. Removing from paragraphs (a), (b) introductory text, (b)(1), (b)(2), 
and (c)(3) the words ``Davis-Bacon Act'' and adding ``Construction Wage 
Rate Requirements statute'' in their places.

[[Page 24219]]

    The revised text reads as follows:


52.222-31  Construction Wage Rate Requirements--Price Adjustment 
(Percentage Method).

* * * * *

Construction Wage Rate Requirements--Price Adjustment (Percentage 
Method) (MAY 2014)

* * * * *

0
358. Amend section 52.222-32 by--
0
a. Revising the section and clause headings; and
0
b. Removing from paragraph (a) the words ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute'' in its place; and
0
c. Removing from paragraphs (c)(1) and (c)(2) the words ``Davis-Bacon 
Act'' and adding ``Construction Wage Rate Requirements'' in its place.
    The revised text reads as follows:


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

* * * * *

Construction Wage Rate Requirements--Price Adjustment (Actual Method) 
(MAY 2014)

* * * * *

0
359. Amend section 52.222-41 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (a) the definition ``Act'';
0
c. Removing from paragraph (b) ``the Act'' and ``41 U.S.C. 356'' and 
adding ``41 U.S.C. chapter 67, Service Contract Labor Standards,'' and 
``41 U.S.C. 6702'' in their places, respectively;
0
d. Removing from paragraphs (c)(2)(v) and (f) ``the Act'' and adding 
``the Service Contract Labor Standards statute'' in their places;
0
e. Removing from paragraph (g) ``section 2(a)(4) of the Act'' and 
adding ``41 U.S.C. 6703'' in its place;
0
f. Removing from paragraphs (i)(1) introductory text and (i)(1)(i) 
``the Act'' and adding ``the Service Contract Labor Standards statute'' 
in its place;
0
g. Removing from paragraph (j) ``the Act'' and ``this Act'' and adding 
``the Service Contract Labor Standards statute'' and ``this statute'' 
in their places, respectively;
0
h. Removing from paragraphs (k), (l), and (o) ``the Act'' and adding 
``the Service Contract Labor Standards statute'' in their places; (four 
times)
0
i. Revising paragraph (p)(1);
0
j. Removing from paragraph (p)(2) ``section 5 of the Act'' and adding 
``41 U.S.C. 6706'' in its place;
0
k. Removing from the introductory text of paragraph (q) ``section 4(b) 
of the Act'' and adding ``41 U.S.C. 6707'' in its place;
0
l. Revising paragraphs (q)(1) and (q)(2);
0
m. Removing from the introductory text of paragraph (s) ``section 
2(a)(1) or section 2(b)(1) of the Act'' and adding ``41 U.S.C. 
6703(1)'' in its place;
0
n. Removing from paragraph (s)(3) ``Contract Act'' and adding 
``Contract Labor Standards'' in its place; and
0
o. Removing from paragraph (s)(4) ``section 4(c) of the Act'' and 
adding ``41 U.S.C. 6707(c)'' in its place.
    The revised text reads as follows:


52.222-41  Service Contract Labor Standards.

* * * * *

Service Contract Labor Standards (MAY 2014)

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

0
360. Amend section 52.222-42 by revising the date of the clause and the 
introductory text of the clause to read as follows:


52.222-42  Statement of Equivalent Rates for Federal Hires.

* * * * *

Statement of Equivalent Rates for Federal Hires (MAY 2014)

    In compliance with the Service Contract Labor Standards statute and 
the regulations of the Secretary of Labor (29 CFR part 4), this clause 
identifies the classes of service employees expected to be employed 
under the contract and states the wages and fringe benefits payable to 
each if they were employed by the contracting agency subject to the 
provisions of 5 U.S.C. 5341 or 5332.
* * * * *

0
361. Amend section 52.222-43 by--
0
a. Revising the section and clause headings; and
0
b. Removing from paragraph (c) ``Act of 1965, as amended, (41 U.S.C. 
351, et seq.)'' and adding ``Labor Standards statute, (41 U.S.C. 
chapter 67)'' in its place.
    The revised text reads as follows:


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

* * * * *

Fair Labor Standards Act and Service Contract Labor Standards--Price 
Adjustment (Multiple Year and Option Contracts) (MAY 2014)

* * * * *
0
362. Amend section 52.222-44 by revising the section and clause 
headings to read as follows:


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

* * * * *

Fair Labor Standards Act And Service Contract Labor Standards--Price 
Adjustment (MAY 2014)

* * * * *

0
363. Amend section 52.222-48 by--
0
a. Revising the section and clause headings;
0
b. Removing from the introductory text of paragraph (b) ``Contract 
Act'' and adding ``Contract Labor Standards statute'' in its place;
0
c. Removing from paragraph (b)(1) ``Act of 1965'' and adding ``Labor 
Standards'' in its place; and

[[Page 24220]]

0
d. Removing from paragraphs (b)(2), (c)(1), and (c)(2) the words 
``Contract Act'' and adding ``Contract Labor Standards'' in its place.
    The revised text reads as follows:


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

* * * * *

Exemption From Application of the Service Contract Labor Standards to 
Contracts for Maintenance, Calibration, or Repair of Certain 
Equipment--Certification (MAY 2014)

* * * * *

0
364. Amend section 52.222-49 by--
0
a. Revising the section and clause headings; and
0
b. Removing from paragraph (a) ``Contract Act'' and adding ``Contract 
Labor Standards statute'' in its place.
    The revised text reads as follows:


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

* * * * *

Service Contract Labor Standards--Place of Performance Unknown (MAY 
2014)

* * * * *

0
365. Amend section 52.222-51 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (e) ``Contract Act'' and adding ``Contract 
Labor Standards statute'' in its place.
    The revised text reads as follows:


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

* * * * *

Exemption From Application of the Service Contract Labor Standards to 
Contracts for Maintenance, Calibration, or Repair of Certain 
Equipment--Requirements (MAY 2014)

* * * * *

0
366. Amend section 52.222-52 by--
0
a. Revising the section and clause headings;
0
b. Removing from the introductory text of paragraph (b) ``Contract 
Act'' and adding ``Contract Labor Standards statute'' in its place;
0
c. Removing from paragraph (b)(1) ``Act of 1965'' and adding ``Labor 
Standards'' in its place;
0
d. Removing from paragraphs (b)(2), (c)(1) and (c)(2) ``Contract Act'' 
and adding ``Contract Labor Standards'' in its place; and
    The revised text reads as follows:


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

* * * * *

Exemption From Application of the Service Contract Labor Standards to 
Contracts for Certain Services--Certification (MAY 2014)

* * * * *
0
367. Amend section 52.222-53 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraphs (f) and (g) ``Contract Act'' and adding 
``Contract Labor Standards statute'' in their places.
    The revised text reads as follows:


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

* * * * *

Exemption From Application of the Service Contract Labor Standards to 
Contracts for Certain Services--Requirements (MAY 2014)

* * * * *

0
368. Amend section 52.225-1 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (2) of the definition ``Commercially 
available off-the-shelf (COTS) item'' in paragraph (a), ``section 3 of 
the Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 
40102(4)'' in its place;
0
c. Revising paragraph (b); and
0
d. Removing from paragraph (d) the word ``Act''.
    The revised text read as follows:


52.225-1  Buy American--Supplies.

* * * * *

Buy American--Supplies (MAY 2014)

* * * * *
    (b) 41 U.S.C. chapter 83, Buy American, provides a preference for 
domestic end products for supplies acquired for use in the United 
States. In accordance with 41 U.S.C. 1907, the component test of the 
Buy American statute is waived for an end product that is a COTS item 
(See 12.505(a)(1)).
* * * * *

0
369. Amend section 52.225-2 by--
0
a. Revising the section and clause headings; and
0
b. Removing from paragraph (a) ``Act''.
    The revised text reads as follows:


52.225-2  Buy American Certificate.

* * * * *

Buy American Certificate (MAY 2014)

* * * * *

0
370. Amend section 52.225-3 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (2) of the definition ``Commercially 
available off-the-shelf (COTS) item'' in paragraph (a), ``section 3 of 
the Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 
40102(4)'' in its place;
0
c. Revising the first and second sentence of paragraph (c); and 
removing from paragraph (c) ``American Act-Free'' and adding 
``American-Free'' in its place;
0
d. Amending Alternate I by--
0
i. Revising the date of the Alternate;
0
ii. Removing from paragraph (c) ``American Act is'' and ``American Act-
Free'' and adding ``American statute is'' and ``American-Free'' in 
their places, respectively;
0
e. Amending Alternate II by--
0
i. Revising the date of the Alternate;
0
ii. Removing from paragraph (c) ``American Act is'' and ``American Act-
Free'' and adding ``American statute is'' and ``American-Free'' in 
their places, respectively;
0
f. Amending Alternate III by--
0
i. Revising the date of the Alternate; and
0
ii. Removing from paragraph (c) ``American Act is'' and ``American Act-
Free'' and adding ``American statute is'' and ``American-Free'' in 
their places, respectively.
    The revised text reads as follows:


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

* * * * *

Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014)

* * * * *
    (c) Delivery of end products. 41 U.S.C. chapter 83, Buy American 
statute, provides a preference for domestic end products for supplies 
acquired for use in the United States. In accordance with 41 U.S.C. 
1907, the component test of the Buy American statute is waived for an 
end product that is a COTS item (See 12.505(a)(1)). * * *
    Alternate I (MAY 2014). * * *
* * * * *
    Alternate II (MAY 2014). * * *
* * * * *
    Alternate III (MAY 2014). * * *
* * * * *

0
371. Amend section 52.225-4 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraphs (a), (b) and (c) ``American Act--'' and 
adding ``American--'' in their places; and

[[Page 24221]]

0
c. Amend Alternate I by--
0
i. Revising the date of the Alternate;
0
ii. Removing from paragraph (b) ``American Act--'' and adding 
``American--'' in its place;
0
d. Amending Alternate II by--
0
i. Revising the date of the Alternate;
0
ii. Removing from paragraph (b) ``American Act--'' and adding 
``American--'' in its place;
0
e. Amending Alternate III by--
0
i. Revising the date of the Alternate; and
0
ii. Removing from paragraph (b) ``American Act--'' and adding 
``American--'' in its place.
    The revised text reads as follows:


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

* * * * *

Buy American--Free Trade Agreements--Israeli Trade Act Certificate (MAY 
2014)

* * * * *
    Alternate I (MAY 2014). * * *
* * * * *
    Alternate II (MAY 2014). * * *
* * * * *
    Alternate III (MAY 2014). * * *
* * * * *

0
372. Amend section 52.225-6 by--
0
a. Revising the date of the provision; and
0
b. Removing from paragraph (c) ``American Act'' and adding ``American 
statute'' in its place.
    The revised text reads as follows:


52.225-6  Trade Agreements Certificate.

* * * * *

Trade Agreements Certificate (MAY 2014)

* * * * *

0
373. Amend section 52.225-7 by--
0
a. Revising the section and provision headings; and
0
b. Removing from paragraph (b) ``American Act'' and adding ``American 
statute'' in its place.
    The revised text reads as follows:


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

* * * * *

Waiver of Buy American Statute for Civil Aircraft and Related Articles 
(MAY 2014)

* * * * *

0
374. Amend section 52.225-9 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (2) of the definition ``Commercially 
available off-the-shelf (COTS) item'' in paragraph (a), ``section 3 of 
the Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 
40102(4)'' in its place;
0
c. Revising paragraph (b)(1);
0
d. Removing from paragraphs (b)(3)(i) and (b)(3)(ii) ``American Act'' 
and adding ``American statute'' in their places respectively;
0
e. Removing from the heading of paragraph (c) ``American Act'' and 
adding ``American statute'' in its place; and
0
f. Removing from paragraphs (c)(2) and (c)(3) ``American Act'' wherever 
it appears and adding ``American statute'' in their places 
respectively.
    The revised text reads as follows:


52.225-9  Buy American--Construction Materials.

* * * * *

Buy American--Construction Materials (MAY 2014)

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

0
375. Amend section 52.225-10 by--
0
a. Revising the section and provision headings;
0
b. Removing from paragraph (a) ``Act'';
0
c. Removing from paragraph (b) ``American Act'' and adding ``American 
statute'' in its place (two times);
0
d. Removing from paragraph (c)(1) ``American Act'' and adding 
``American statute'' in its place;
0
e. Amend Alternate I by--
0
i. Revising the date of the Alternate; and
0
ii. Removing from paragraph (b) ``American Act'' and adding ``American 
statute'' in its place;
    The revised text reads as follows:


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

* * * * *

Notice of Buy American Requirement--Construction Materials (MAY 2014)

* * * * *
    Alternate I (MAY 2014). * * *
* * * * *
0
376. Amend section 52.225-11 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (2) of the definition ``Commercially 
available off-the-shelf (COTS) item'' in paragraph (a), ``section 3 of 
the Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 
40102(4)'' in its place;
0
c. Revising paragraph (b)(1);
0
d. Removing from paragraphs (b)(4)((i) and (b)(4)(ii) ``American Act'' 
and adding ``American statute'' in its place;
0
e. Removing from the heading of paragraph (c) ``American Act'' and 
adding ``American statute'' in its place;
0
f. Removing from paragraph (c)(2) and (c)(3) ``American Act'' and 
adding ``American statute'' in its place (three times); and
0
g. Amend Alternate I by revising the date of the Alternate and 
paragraph (b)(1).
    The revised text read as follows:


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

* * * * *

Buy American--Construction Materials Under Trade Agreements (MAY 2014)

* * * * *
    (b) * * *
    (1) This clause implements 41 U.S.C. chapter 83, Buy American, by 
providing a preference for domestic construction material. In 
accordance with 41 U.S.C. 1907, the component test of the Buy American 
statute is waived for construction material that is a COTS item. (See 
FAR 12.505(a)(2)). In addition, the Contracting Officer has determined 
that the WTO GPA and Free Trade Agreements (FTAs) apply to this 
acquisition. Therefore, the Buy American restrictions are waived for 
designated country construction materials.
* * * * *
    Alternate I (MAY 2014). * * *
* * * * *
    (b) * * *
    (1) This clause implements 41 U.S.C. chapter 83, Buy American, by 
providing a preference for domestic construction material. In 
accordance with 41 U.S.C. 1907, the component test of the Buy American 
statute is waived for construction material that is a COTS item. (See 
FAR 12.505(a)(2)). In addition, the Contracting Officer has determined 
that the WTO GPA and all the Free Trade Agreements except the Bahrain 
FTA, NAFTA, and the Oman FTA apply to the this acquisition. Therefore, 
the Buy American statute restrictions are waived for designated country 
construction materials other than Bahrainian, Mexican, or Omani 
construction materials.
* * * * *

[[Page 24222]]


0
377. Amend section 52.225-12 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (a) ``Buy American Act'' and adding ``Buy 
American'' in its place;
0
c. Removing from paragraph (b) ``Buy American Act'' and adding ``Buy 
American statute'' in its place (two times);
0
d. Removing from paragraph (c)(1) the words ``Buy American Act'' and 
adding ``Buy American statute'' in its place; and
0
e. Amend Alternate I by--
0
i. Revising the date of the Alternate; and
0
ii. Removing from paragraph (b) ``American Act'' and adding ``American 
statute'' in its place.
    The revised text reads as follows:


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

* * * * *

Notice of Buy American Requirement--Construction Materials Under Trade 
Agreements (MAY 2014)

* * * * *
    Alternate I (MAY 2014). * * *
* * * * *

0
378. Amend section 52.225-21 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (1) of the definition ``Domestic 
construction material'', in paragraph (a) ``American Act'' and adding 
``American statute'' in its place;
0
c. Removing from paragraph (b)(1)(ii) ``The Buy American Act (41 U.S.C. 
10a-10d)'' and adding ``41 U.S.C. chapter 83, Buy American,'' in its 
place;
0
d. Removing from paragraph (b)(4)(iii) ``American Act'' and adding 
``American statute'' in its place;
0
e. Removing from the heading of paragraph (c) ``American Act'' and add 
``American statute'' in its place.
0
f. Removing from paragraphs (c)(2) and (c)(3) ``American Act'' and 
adding ``American statute'' in its place (three times).
    The revised text reads as follows:


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

* * * * *

Required Use of American Iron, Steel, and Manufactured Goods--Buy 
American Statute--Construction Materials (MAY 2014)

* * * * *

0
379. Amend section 52.225-22 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (a) ``American Act'' and adding ``American 
Statute'' in its place;
0
c. Revising paragraph (b);
0
d. Removing from the introductory text of paragraph (c)(1) ``American 
Act'' and adding ``American statute'' in its place;
0
e. Amend Alternate I by--
0
i. Revising the date of the Alternate; and
0
ii. Removing from paragraph (b) ``American Act'' and adding ``American 
statute'' in its place.
    The revised text reads as follows:


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

* * * * *

Notice of Required Use of American Iron, Steel, and Manufactured 
Goods--Buy American Statute--Construction Materials (MAY 2014)

* * * * *
    (b) Requests for determinations of inapplicability. An offeror 
requesting a determination regarding the inapplicability of section 
1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 
111-5) (Recovery Act) or the Buy American statute should submit the 
request to the Contracting Officer in time to allow a determination 
before submission of offers. The offeror shall include the information 
and applicable supporting data required by paragraphs (c) and (d) of 
the clause at FAR 52.225-21 in the request. If an offeror has not 
requested a determination regarding the inapplicability of section 1605 
of the Recovery Act or the Buy American statute before submitting its 
offer, or has not received a response to a previous request, the 
offeror shall include the information and supporting data in the offer.
* * * * *
    Alternate I (MAY 2014). * * *
* * * * *

0
380. Amend section 52.225-23 by--
0
a. Revising the section and clause headings;
0
b. Removing from paragraph (1) of the definition ``Domestic 
construction material'' in paragraph (a) ``Buy American Act'' and 
adding ''Buy American statute'' in its place;
0
c. Removing from the introductory text of paragraph (b)(1), paragraphs 
(b)(1)(ii), and (b)(4)(iii) ``Buy American Act'' and adding ``Buy 
American statute'' in its place;
0
d. Removing from the heading of paragraph (c) ``Buy American Act'' and 
adding ``Buy American statute'' in its place;
0
e. Removing from paragraph (c)(2) ``Buy American Act'' and adding ``Buy 
American statute'' in its place; and
0
f. Removing from paragraph (c)(3) ``Buy American Act'' and ``applicable 
Act'' and adding ``Buy American statute'' and ``applicable statute'' in 
their places respectively;
0
g. Amend Alternate I by--
0
i. Revising the date of the Alternate; and
0
ii. Removing from the introductory text of paragraph (b)(1) and 
paragraph (b)(1)(ii) ``Buy American Act'' and adding ``Buy American 
statute'' in its place.
    The revised text reads as follows:


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

* * * * *

Required Use of American Iron, Steel, and Manufactured Goods--Buy 
American Statute--Construction Materials Under Trade Agreements (MAY 
2014)

* * * * *
    Alternate I (MAY 2014). * * *
* * * * *

0
381. Amend section 52.225-24 by--
0
a. Revising the section and provision headings;
0
b. Removing from paragraph (a) ``American Act'' and adding ``American 
statute'' in its place;
0
c. Removing from paragraph (b) ``American Act'' and adding ``American 
statute'' in its place (two times);
0
d. Removing from introductory text of paragraph (c)(1) ``American Act'' 
and adding ``American statute'' in its place;
0
e. Amend Alternate I by--
0
1. Revising the date of the Alternate; and
0
2. Removing from paragraph (b) ``American Act'' and adding ``American 
statute'' in its place.
    The revised text reads as follows:


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

* * * * *

Notice of Required Use of American Iron, Steel, and Manufactured 
Goods--Buy American Statute--Construction Materials Under Trade 
Agreements (MAY 2014)

* * * * *
    Alternate I (MAY 2014). * * *
* * * * *

[[Page 24223]]


0
382. Amend section 52.226-6 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b) ``(Pub. L. 110-247)'' and adding ``(42 
U.S.C. 1792)'' in its place.
    The revised text reads as follows:


52.226-6  Promoting Excess Food Donation to Nonprofit Organizations.

* * * * *

Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

* * * * *

0
383. Amend section 52.227-11 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (k)(4) ``Contract Disputes Act'' and adding 
``Contract Disputes statute'' in its place.
    The revised text reads as follows:


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

* * * * *

Patent Rights--Ownership by the Contractor (May 2014)

* * * * *

0
384. Amend section 52.227-14 by--
0
a. Revising the date of the clause;
0
b. Removing from the definition ``Technical data'' in paragraph (a) the 
words ``databases (See 41 U.S.C. 403(8))'' and adding ``databases. (See 
41 U.S.C. 116)'' in its place; and
0
c. Removing from the introductory text of paragraph (e)(1) ``41 U.S.C. 
253d'' and adding ``41 U.S.C. 4703'' in its place.
    The revised text reads as follows:


52.227-14  Rights in Data--General.

* * * * *

Rights in Data--General (May 2014)

* * * * *

0
385. Amend section 52.227-20 by revising the date of the clause; and 
removing from the definition ``Technical data'' in paragraph (a) the 
words ``41 U.S.C. 403(8)'' and adding ``41 U.S.C. 116'' in their place. 
The revised text reads as follows:


52.227-20  Rights in Data--SBIR Program.

* * * * *

Rights in Data--SBIR Program (May 2014)

* * * * *

0
386. Amend section 52.227-21 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a) ``41 U.S.C. 418a(d)(7)'' and adding ``41 
U.S.C. 2302(e)(7)'' in its place.
    The revised text reads as follows:


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

* * * * *

Technical Data Declaration, Revision, and Withholding of Payment--Major 
Systems (May 2014)

* * * * *

0
387. Amend section 52.228-12 by revising the date of the clause and the 
clause to read as follows:


52.228-12  Prospective Subcontractor Requests for Bonds.

* * * * *

Prospective Subcontractor Requests for Bonds (May 2014)

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


(End of clause)

0
388. Amend section 52.228-14 by--
0
a. Revising the date of the clause; and
0
b. Removing from the introductory text of paragraph (c)(2)(i) and the 
introductory text of paragraph (c)(2)(ii) ``the Miller Act'' and adding 
``40 U.S.C. chapter 31, subchapter III, Bonds'' in its place.
    The revised text reads as follows:


52.228-14  Irrevocable Letter of Credit.

* * * * *

Irrevocable Letter of Credit (May 2014)

* * * * *

0
389. Amend section 52.230-2 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C. 
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its 
place.
    The revised text reads as follows:


52.230-2  Cost Accounting Standards.

* * * * *

Cost Accounting Standards (May 2014)

* * * * *

0
390. Amend section 52.230-3 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C. 
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its 
place.
    The revised text reads as follows:


52.230-3  Disclosure and Consistency of Cost Accounting Practices.

* * * * *

Disclosure and Consistency of Cost Accounting Practices (May 2014)

* * * * *

0
391. Amend section 52.230-4 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C. 
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its 
place.
    The revised text reads as follows:


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

* * * * *

Disclosure and Consistency of Cost Accounting Practices--Foreign 
Concerns (May 2014)

* * * * *

0
392. Amend section 52.230-5 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C. 
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its 
place.
    The revised text reads as follows:


52.230-5  Cost Accounting Standards--Educational Institution.

* * * * *

Cost Accounting Standards--Educational Institution (May 2014)

* * * * *

0
393. Amend section 52.232-5 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (h)(3) ``41 U.S.C. 15'' and adding ``41 
U.S.C. 6305'' in its place.
    The revised text reads as follows:


52.232-5  Payments Under Fixed-Price Construction Contracts.

* * * * *

Payments Under Fixed-Price Construction Contracts (May 2014)

* * * * *

0
394. Amend section 52.232-17 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a) ``Section 611 of the Contract Disputes 
Act of 1978 (Public Law 95-563)'' and adding ``41 U.S.C. 7109'' in its 
place.
    The revised text reads as follows:


52.232-17  Interest.

* * * * *

Interest (May 2014)

* * * * *

0
395. Amend section 52.232-23 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a) ``41 U.S.C. 15'' and adding ``41 U.S.C. 
6305'' in its place.
    The revised text reads as follows:

[[Page 24224]]

52.232-23  Assignment of Claims.

* * * * *

Assignment of Claims (May 2014)

* * * * *

0
396. Amend section 52.232-24 by revising the date of the clause and the 
clause to read as follows:


52.232-24  Prohibition of Assignment of Claims.

* * * * *

Prohibition of Assignment of Claims (May 2014)

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

0
397. Amend section 52.232-27 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraphs (c)(2)(ii) and (e)(4)(ii) ``section 12 of 
the Contract Disputes Act of 1978 (41 U.S.C. 611)'' and adding ``41 
U.S.C. 7109'' in its place;
0
c. Removing from the introductory text of paragraph (f)(1) ``the Miller 
Act (40 U.S.C. 3133)'' and adding ``40 U.S.C. 3133'' in its place; and
0
d. Removing from paragraph (f)(2)(ii) ``section 12 of the Contract 
Disputes Act of 1978 (41 U.S.C. 611)'' and adding ``41 U.S.C. 7109'' in 
its place.
    The revised text reads as follows:


52.232-27  Prompt Payment for Construction Contracts.

* * * * *

Prompt Payment for Construction Contracts (May 2014)

* * * * *

0
398. Amend section 52.232-31 by--
0
a. Revising the date of the clause; and
0
b. Removing from the introductory text of paragraph (c) ``41 U.S.C. 
255(f)'' and adding ``41 U.S.C. 4505'' in its place.
    The revised text reads as follows:


52.232-31  Invitation to Propose Financing Terms.

* * * * *

Invitation To Propose Financing Terms (May 2014)

* * * * *

0
399. Amend section 52.232-36 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (e) ``, as amended, 31 U.S.C. 3727, 41 
U.S.C. 15'' and adding ``(31 U.S.C. 3727, 41 U.S.C. 6305)'' in its 
place.
    The revised text reads as follows:


52.232-36  Payment by Third Party.

* * * * *

Payment by Third Party (May 2014)

* * * * *

0
400. Amend section 52.233-1 by--
0
a. Revising the date of the clause and paragraph (a);
0
b. Removing from paragraph (b) ``the Act'' and adding ``41 U.S.C. 
chapter 71'' in its place;
0
c. Removing from paragraph (c) ``the Act'' and adding ``41 U.S.C. 
chapter 71'' in its place (three times);
0
d. Removing from paragraphs (d)(2)(iii) and (d)(3) ``duly''; and
0
e. Removing from paragraph (f) ``the Act'' and adding ``41 U.S.C. 
chapter 71'' in its place.
    The revised text reads as follows:


52.233-1  Disputes.

* * * * *

Disputes (May 2014)

    (a) This contract is subject to 41 U.S.C. chapter 71, Contract 
Disputes.
* * * * *

0
401. Amend section 52.234-4 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (f) ``a duly'' and adding ``an'' in its 
place.
    The revised text reads as follows:


52.234-4  Earned Value Management System.

* * * * *

Earned Value Management System (May 2014)

* * * * *

0
402. Amend section 52.237-9 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a) ``41 U.S.C. 256(e)(2)(A)'' and adding 
``41 U.S.C. 4304(b)(1)'' in its place.
    The revised text reads as follows:


52.237-9  Waiver of Limitation on Severance Payments to Foreign 
Nationals.

* * * * *

Waiver of Limitation on Severance Payments to Foreign Nationals (May 
2014)

* * * * *

0
403. Amend section 52.242-3 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b) ``41 U.S.C. 256'' and adding ``41 U.S.C. 
chapter 43'' in its place; and
0
c. Removing from paragraph (f) ``the Contract Disputes Act of 1978 (41 
U.S.C. 601, et seq.)'' and adding ``41 U.S.C. chapter 71, Contract 
Disputes'' in its place.
    The revised text reads as follows:


52.242-3  Penalties for Unallowable Costs.

* * * * *

Penalties for Unallowable Costs (May 2014)

* * * * *

0
404. Amend section 52.244-6 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (c)(1)(i) ``(Pub. L. 110-252, Title VI, 
Chapter 1 (41 U.S.C. 251 note))'' and adding ``(41 U.S.C. 3509)'' in 
its place; and
0
c. Revising paragraph (c)(1)(iii).
    The revised text reads as follows:


52.244-6  Subcontracts for Commercial Items.

* * * * *

Subcontracts for Commercial Items (May 2014)

* * * * *
    (c)(1) * * *
    (iii) 52.219-8, Utilization of Small Business Concerns (May 2014) 
(15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further 
subcontracting opportunities. If the subcontract (except subcontracts 
to small business concerns) exceeds $650,000 ($1.5 million for 
construction of any public facility), the subcontractor must include 
52.219-8 in lower tier subcontracts that offer subcontracting 
opportunities.
* * * * *

PART 53--FORMS


53.214  [Amended]

0
405. Amend section 53.214 by removing from the heading of paragraph (a) 
``(Rev. 5/2011)'' and adding ``(Rev. 3/2013)'' in its place.


53.215-1  [Amended]

0
406. Amend section 53.215-1 by removing from the heading of paragraph 
(a) ``(Rev. 5/2011)'' and adding ``(Rev. 3/2013)'' in its place.
0
407. Amend section 53.222 by revising paragraphs (c), (d), (e), (f), 
and (h) to read as follows:


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

* * * * *
    (c) SF 308 (DOL) (Rev. 2/2013), Request for Wage Determination and 
Response to Request. (See 22.404-3 (a) and (b).)
    (d) SF 1093 (Rev. 2/2013), Schedule of Withholdings Under the 
Construction Wage Rate Requirements Statute (40 U.S.C. Chapter 31, 
Subchapter IV, section 3144) and/or the Contract Work Hours and Safety 
Standards Statute (40 U.S.C. Chapter 37, section 3703). (See 22.406-
9(c)(1).)
    (e) SF 1413 (Rev. 4/2013), Statement and Acknowledgment. SF 1413 is 
prescribed for use in obtaining

[[Page 24225]]

contractor acknowledgment of inclusion of required clauses in 
subcontracts, as specified in 22.406-5.
    (f) Form SF 1444 (Rev. 4/2013), Request for Authorization of 
Additional Classification and Rate. (See 22.406-3(a) and 22.1019.)
* * * * *
    (h) SF 1446 (Rev. 4/2013), Labor Standards Investigation Summary 
Sheet. (See 22.406-8(d).)
* * * * *


53.228  [Amended]

0
408. Amend section 53.228 by--
0
a. Removing from the heading of paragraph (b) ``(Rev. 5/96)'' and 
adding ``(Rev. 3/2013)'' in its place;
0
b. Removing from the heading of paragraph (c) ``(Rev. 10/98)'' and 
adding ``(Rev. 3/2013)'' in its place; and
0
c. Removing from paragraphs (h) and (i) ``(Rev.10/98)'' and ``Miller 
Act'' and adding ``(Rev. 4/2013)'' and ``Bonds statute'' in their 
places, respectively.


53.236-2  [Amended]

0
409. Amend section 53.236-2 by removing from the heading of paragraph 
(b) ``(1/04)'' and adding ``(Rev. 3/2013)'' in its place.

0
410. Revise section 53.301-25 to read as follows:


53.301-25  Performance Bond.

BILLING CODE 6820-EP-P
[GRAPHIC] [TIFF OMITTED] TR29AP14.003


[[Page 24226]]


[GRAPHIC] [TIFF OMITTED] TR29AP14.004

0
411. Revise section 53.301-25A to read as follows:


53.301-25A  Payment Bond.

[[Page 24227]]

[GRAPHIC] [TIFF OMITTED] TR29AP14.005


[[Page 24228]]


[GRAPHIC] [TIFF OMITTED] TR29AP14.006


0
412. Revise section 53.301-26 to read as follows:


53.301-26  Award/Contract.

[[Page 24229]]

[GRAPHIC] [TIFF OMITTED] TR29AP14.007


0
413. Revise section 53.301-273 to read as follows:


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

[[Page 24230]]

[GRAPHIC] [TIFF OMITTED] TR29AP14.008


[[Page 24231]]


[GRAPHIC] [TIFF OMITTED] TR29AP14.009


0
414. Revise section 53.301-274 to read as follows:


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

[[Page 24232]]

[GRAPHIC] [TIFF OMITTED] TR29AP14.010


[[Page 24233]]


[GRAPHIC] [TIFF OMITTED] TR29AP14.011


0
415. Revise section 53.301-308 to read as follows:


53.301-308  Request For wage Determination and Response to Request.

[[Page 24234]]

[GRAPHIC] [TIFF OMITTED] TR29AP14.012


0
416. Revise section 53.301-330 to read as follows:


53.301-330  Architect-Engineer Qualifications.

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417. Revise section 53.301-1093 to read as follows:


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

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418. Revise section 53.301-1413 to read as follows:


53.301-1413  Statement and Acknowledgement.

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419. Revise section 53.301-1444 to read as follows:


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

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420. Revise section 53.301-1446 to read as follows:


53.301-1446  Labor Standards Investigation Summary Sheet.

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[FR Doc. 2014-08744 Filed 4-28-14; 8:45 am]
BILLING CODE 6820-EP-C