[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Rules and Regulations]
[Pages 27088-27097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07109]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 5, 8, 9, 12, 13, 15, 19, 22, 25, 30, 50, and 52
[FAC 2020-06; FAR Case 2018-007; Item II; Docket No. FAR-2018-0007;
Sequence No. 1]
RIN 9000-AN67
Federal Acquisition Regulation: Applicability of Inflation
Adjustments of Acquisition-Related Thresholds
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to implement a section of the
National Defense Authorization Act for Fiscal Year 2018 to make
inflation adjustments of statutory acquisition-related thresholds
applicable to existing contracts and subcontracts in effect on the date
of the adjustment that contain the revised clauses in this rulemaking.
DATES: Effective: June 5, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 or [email protected] for clarification
of content. For information pertaining to status or publication
schedules, contact the Regulatory Secretariat Division at 202-501-4755.
Please cite FAC 2020-06, FAR Case 2018-007.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register on June 24, 2019, at 84 FR 29482, to make inflation
adjustments of statutory acquisition-related thresholds under 41 U.S.C.
1908 applicable to existing contracts and subcontracts in effect on the
date of the adjustment. This FAR change implements section 821 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018
(Pub. L. 115-91).
Title 41 U.S.C. 1908, Inflation adjustment of acquisition-related
dollar thresholds, requires an adjustment every five years of
acquisition-related thresholds for inflation using the Consumer Price
Index for all urban consumers, except for the Construction Wage Rate
Requirements statute (Davis-Bacon Act), Service Contract Labor
Standards statute, and trade agreements thresholds. See FAR 1.109. The
last FAR case that raised the thresholds for inflation was 2014-022, a
final rule published on July 2, 2015, effective October 1, 2015. The
next inflation adjustment under 41 U.S.C. 1908 will be implemented
through FAR Case 2019-013 and planned to be effective October 1, 2020.
One respondent 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 public comments in the
development of the final rule. A discussion of the comments is provided
as follows:
A. Summary of Changes
There are no changes as a result of comments on the proposed rule.
B. Analysis of Public Comments
Comment: One respondent supported the proposed rule and suggested
to include a list, preferably in table form, of the actual calendar
dates of threshold effectiveness.
Response: The Councils agree a table might be a helpful reference
tool and will add one at Acquisition.gov under https://www.acquisition.gov/tableofeffectivedatesforMPTandSAT. The table will
only illustrate changes to the micro-purchase and simplified
acquisition thresholds, after they are implemented through the
rulemaking process.
C. Other Changes
Editorial changes are made to three clauses to change the paragraph
heading of ``Flowdown'' to ``Subcontracts'' in order to conform to FAR
drafting conventions. See FAR clauses 52.203-16, paragraph (d); 52.215-
23, paragraph (f); and 52.226-6, paragraph (e).
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule does not add any new solicitation provisions or clauses,
or impact any existing provisions or clauses, except for the added
references to acquisition-related thresholds in the FAR text.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory
[[Page 27089]]
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). E.O. 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This rule is not a significant regulatory
action, and therefore, this rule was not subject to the review of the
Office of Information and Regulatory Affairs under section 6(b) of E.O.
12866. This rule is not a major rule under 5 U.S.C. 804.
V. Executive Order 13771
This rule is not an E.O. 13771 regulatory action, because this rule
is not significant under E.O. 12866.
VI. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared a Final Regulatory Flexibility
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is summarized as follows:
This rule is required to implement section 821 of the National
Defense Authorization Act for Fiscal Year (FY) 2018. The objective
is to make inflation adjustments of statutory acquisition-related
thresholds under 41 U.S.C. 1908(d) applicable to existing contracts
and subcontracts in effect on the date of the adjustment that
contain the revised clauses.
There were no significant issues raised by the public in
response to the initial regulatory flexibility analysis.
This rule will likely affect to some extent all small business
concerns that submit offers or are awarded contracts by the Federal
Government.
However, this rule is not expected to have any significant
economic impact on small business concerns because this rule: (1) Is
not creating any new requirements with which small entities must
comply, and (2) is only establishing the framework to apply the
inflation adjustments of statutory acquisition-related thresholds
under 41 U.S.C. 1908 to existing contracts and subcontracts in
effect on the date of the adjustment. Any impact on small business
concerns will be beneficial by preventing burdensome requirements
from continuing to apply to smaller dollar value contracts when
acquisition thresholds are increased during the period of
performance.
As of September 30, 2017, there were 637,791 active entity
registrations in SAM.gov. Of those active entity registrations,
452,310 (71 percent) completed all four modules of the registration,
in accordance with FAR 52.204-7(a)(2), including Assertions (where
they enter their size metrics and select their NAICS Codes) and Reps
& Certs (where they certify to the information they provided and the
size indicator by NAICS).
Of the possible 452,310 active SAM.gov entity registrations,
338,207 (75 percent) certified to meeting the size standard of small
for their primary NAICS Code. Therefore, this rule may be beneficial
to 338,207 small business entities that submit proposals that may
now fall under the micro-purchase threshold, the simplified
acquisition threshold, or other applicable acquisition thresholds
(e.g., contractor code of business ethics and conduct, reporting
executive compensation and first-tier subcontract awards, equal
opportunity for veterans) as a result of this rule.
The rule does not include additional reporting or record keeping
requirements.
There are no available alternatives to the rule to accomplish
the desired objective of the statute.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat Division. The Regulatory Secretariat Division
has submitted a copy of the FRFA to the Chief Counsel for Advocacy of
the Small Business Administration.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35) does apply;
however, the changes to the FAR do not impose new information
collection requirements that require the approval of the Office of
Management and Budget (OMB) under 44 U.S.C. 3501, et seq. The changes
do not impose additional information collection requirements to the
paperwork burden previously approved under the following OMB Control
Numbers: 9000-0007, Subcontracting Plans; 9000-0018, Certification Of
Independent Price Determination, Contractor Code of Business Ethics and
Conduct, and Preventing Personal Conflicts of Interest; 9000-0027,
Value Engineering Requirements; 9000-0193, FAR Part 9 Responsibility
Matters; 9000-0091, Anti-Kickback Procedures; 9000-0097, Federal
Acquisition Regulation Part 4 Requirements; 9000-0136, Commercial Item
Acquisitions; 9000-0034, Examination of Records by Comptroller General
and Contract Audit; 9000-0013, Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data; 9000-0048, Authorized
Negotiators and Integrity of Unit Prices; 9000-0078, Certain Federal
Acquisition Regulation Part 15 Requirements; 9000-0096, Patents; 9000-
0045, Bid Guarantees, Performance, and Payments Bonds, and Alternative
Payment Protection; 9000-0010, Progress Payments, SF 1443; 9000-0149,
Subcontract Consent and Contractors' Purchasing System Review; 1235-
0007, Labor Standards for Federal Service Contracts; 1235-0025,
Nondisplacement of Qualified Workers Under Service Contracts, Executive
Order 13495; 1250-0004, Office of Federal Contract Compliance Programs
Recordkeeping and Reporting Requirements Under the Vietnam Era
Veterans' Readjustment Assistance Act of 1974, as Amended; and 1250-
0005, Office of Federal Contract Compliance Programs Recordkeeping and
Reporting Requirements Under Rehabilitation Act of 1973, as Amended
Section 503.
List of Subjects in 48 CFR Parts 1, 5, 8, 9, 12, 13, 15, 19, 22,
25, 30, 50, and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 5, 8, 9, 12,
13, 15, 19, 22, 25, 30, 50, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 5, 8, 9, 12, 13, 15, 19,
22, 25, 30, 50, and 52 continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
2. Amend section 1.109 by--
0
a. Removing from paragraph (a) ``(CPI) for all-urban consumers'' and
adding ``for All Urban Consumers (CPI-U)'' in its place;
0
b. Redesignating paragraph (d) as paragraph (e);
0
c. Adding new paragraph (d); and
0
d. Removing from the newly designated paragraph (e) ``2014-022'' and
adding ``2014-022, open the docket folder, and go to the supporting
documents file'' in its place.
The addition reads as follows:
1.109 Statutory acquisition-related dollar thresholds--adjustment for
inflation.
* * * * *
(d) The statute, as amended by section 821 of the National Defense
Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), requires the
adjustment described in paragraph (a) of this section be applied to
contracts and subcontracts without regard to the date of award of the
contract or subcontract. Therefore, if a threshold is adjusted for
inflation as set forth in paragraph (a) of this section, then the
changed threshold applies throughout the remaining term of the
contract, unless there is a subsequent threshold adjustment.
* * * * *
0
3. Amend section 1.110 in the table in paragraph (c) by designating the
table as table 1 and revising the entry for
[[Page 27090]]
``Walsh-Healey Public Contracts Act'' to read as follows:
1.110 Positive law codification.
* * * * *
(c) * * *
Table 1 to Paragraph (c)
------------------------------------------------------------------------
Division/chapter/
Historical title of act subchapter Title
------------------------------------------------------------------------
* * * * * * *
Walsh-Healey Public Contracts 41 U.S.C. chapter Contracts for
Act. 65. Materials, Supplies,
Articles, and
Equipment Exceeding
$10,000.
------------------------------------------------------------------------
* * * * *
PART 5--PUBLICIZING CONTRACT ACTIONS
5.206 [Amended]
0
4. Amend section 5.206 by removing from paragraph (a)(1) and (2)
``$150,000'' and adding ``the simplified acquisition threshold'' in
their places, respectively.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.1104 [Amended]
0
5. Amend section 8.1104 by removing from paragraph (e)(3) ``Exceeding
$15,000''.
PART 9--CONTRACTOR QUALIFICATIONS
0
6. Amend section 9.405-2 by revising the second sentence in the
introductory text of paragraph (b) to read as follows:
9.405-2 Restrictions on subcontracting.
* * * * *
(b) * * * Contractors are prohibited from entering into any
subcontract in excess of $35,000, other than a subcontract for a
commercially available off-the-shelf item, with a contractor that has
been debarred, suspended, or proposed for debarment, unless there is a
compelling reason to do so. * * *
* * * * *
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.503 [Amended]
0
7. Amend section 12.503 by removing from paragraph (a)(1) ``$15,000''
and adding ``$10,000'' in its place.
12.504 [Amended]
0
8. Amend section 12.504 by removing from paragraph (a)(4) ``6505'' and
``$15,000'' and adding ``chapter 65'' and ``$10,000'' in their places,
respectively.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
0
9. Amend section 13.003 by revising paragraph (b)(1) to read as
follows:
13.003 Policy.
* * * * *
(b)(1) Acquisitions of supplies or services that have an
anticipated dollar value above the micro-purchase threshold, but at or
below the simplified acquisition threshold, shall be set aside for
small business concerns (see 19.000, 19.203, and subpart 19.5).
* * * * *
13.501 [Amended]
0
10. Amend section 13.501 by removing from paragraph (a)(2)(i)
``$150,000'' and adding ``the simplified acquisition threshold'' in its
place.
PART 15--CONTRACTING BY NEGOTIATION
0
11. Amend section 15.403-4 by adding in the introductory text of
paragraph (a)(1) a new fourth sentence to read as follows:
15.403-4 Requiring certified cost or pricing data (10 U.S.C. 2306a
and 41 U.S.C. chapter 35).
(a)(1) * * * When a clause refers to this threshold, and if the
threshold is adjusted for inflation pursuant to 1.109(a), then pursuant
to 1.109(d) the changed threshold applies throughout the remaining term
of the contract, unless there is a subsequent threshold adjustment. * *
*
* * * * *
PART 19--SMALL BUSINESS PROGRAMS
0
12. Amend section 19.203 by revising paragraph (b) to read as follows:
19.203 Relationship among small business programs.
* * * * *
(b) At or below the simplified acquisition threshold. For
acquisitions of supplies or services that have an anticipated dollar
value above the micro-purchase threshold, but at or below the
simplified acquisition threshold, the requirement at 19.502-2(a) to set
aside acquisitions for small business concerns does not preclude the
contracting officer from awarding a contract to a small business under
the 8(a) Program, HUBZone Program, SDVOSB Program, or WOSB Program.
* * * * *
0
13. Amend section 19.502-1 by revising paragraph (b) to read as
follows:
19.502-1 Requirements for setting aside acquisitions.
* * * * *
(b) The requirement in paragraph (a) of this section does not apply
to purchases at or below the micro-purchase threshold, or purchases
from required sources under part 8 (e.g., Committee for Purchase From
People Who are Blind or Severely Disabled).
0
14. Amend section 19.502-2 by revising the second sentence of paragraph
(a) and removing from paragraph (b) introductory text ``$150,000'' and
adding ``the simplified acquisition threshold'' in its place to read as
follows:
19.502-2 Total small business set-asides.
(a) * * * Each acquisition of supplies or services that has an
anticipated dollar value above the micro-purchase threshold, but not
over the simplified acquisition threshold, shall be set aside for small
business unless the contracting officer determines there is not a
reasonable expectation of obtaining offers from two or more responsible
small business concerns that are competitive in terms of fair market
prices, quality, and delivery. * * *
* * * * *
19.507 [Amended]
0
15. Amend section 19.507 by removing from the first sentence in
paragraph (e) ``$150,000'' and adding ``the simplified acquisition
threshold'' in its place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.102-2 [Amended]
0
16. Amend section 22.102-2 by removing from paragraph (c)(1)(iv)
``$15,000'' and adding ``$10,000'' in its place.
[[Page 27091]]
22.202 [Amended]
0
17. Amend section 22.202 by removing from paragraph (a) ``, Contracts
for Materials, Supplies, Articles, and Equipment Exceeding $15,000''.
22.305 [Amended]
0
18. Amend section 22.305 by removing from paragraph (e) ``, Contracts
for Materials, Supplies, Articles, and Equipment Exceeding $15,000''.
0
19. Amend subpart 22.6 by revising the subpart heading to read as
follows:
Subpart 22.6--Contracts for Materials, Supplies, Articles, and
Equipment
22.602 [Amended]
0
20. Amend section 22.602 by removing ``, Contracts for Materials,
Supplies, Articles, and Equipment Exceeding $15,000''.
22.610 [Amended]
0
21. Amend section 22.610 by removing ``Exceeding $15,000''.
22.1003-3 [Amended]
0
22. Amend section 22.1003-3 by removing from paragraph (b) ``,
Contracts for Materials, Supplies, Articles, and Equipment Exceeding
$15,000''.
22.1003-6 [Amended]
0
23. Amend section 22.1003-6(a) introductory text by:
0
a. Removing ``, Contracts for Materials, Supplies, Articles, and
Equipment Exceeding $15,000,''; and
0
b. Removing ``paragraphs (a)(1) or (a)(2) of this subsection'' and
adding ``paragraph (a)(1) or (2) of this section'' in its place.
PART 25--FOREIGN ACQUISITION
25.703-4 [Amended]
0
24. Amend section 25.703-4 by removing from paragraphs (c)(5)(ii),
(c)(7)(iii), and (c)(8)(iii) ``$3,500'' and adding ``the threshold at
25.703-2(a)(2)'' in their places, respectively.
PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION
0
25. Revise section 30.201-1 to read as follows:
30.201-1 CAS applicability.
(a) See 48 CFR 9903.201-1 (FAR appendix).
(b) In accordance with 41 U.S.C. 1502(b)(1)(B), the threshold for
determining the tentative applicability of CAS at the contract level is
the amount set forth in 10 U.S.C. 2306a(a)(1)(A)(i), as adjusted for
inflation in accordance with 41 U.S.C. 1908.
PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
50.103-7 [Amended]
0
26. Amend section 50.103-7 by removing from paragraph (b) ``Exceeding
$15,000''.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
27. Amend section 52.202-1 by--
0
a. Revising the date of the clause;
0
b. Removing the word ``or'' at the end of paragraph (c);
0
c. Removing from paragraph (d) ``FAR Part'' and ``procedures.'' and
adding ``FAR part'' and ``procedures; or'' in their places,
respectively; and
0
d. Adding paragraph (e).
The revision and addition read as follows:
52.202-1 Definitions.
* * * * *
Definitions (JUN 2020)
* * * * *
(e) The word or term defines an acquisition-related threshold,
and if the threshold is adjusted for inflation as set forth in FAR
1.109(a), then the changed threshold applies throughout the
remaining term of the contract, unless there is a subsequent
threshold adjustment; see FAR 1.109(d).
* * * * *
0
28. Amend section 52.203-6 by revising the date of the clause and
removing from paragraph (c) ``threshold.'' and adding ``threshold, as
defined in Federal Acquisition Regulation 2.101 on the date of
subcontract award.'' in its place to read as follows:
52.203-6 Restrictions on Subcontractor Sales to the Government.
* * * * *
Restrictions on Subcontractor Sales to the Government (JUN 2020)
* * * * *
0
29. Amend section 52.203-7 by revising the date of the clause and
paragraph (c)(5) and adding an undesignated parenthetical phrase at the
end to read as follows:
52.203-7 Anti-Kickback Procedures.
* * * * *
Anti-Kickback Procedures (JUN 2020)
* * * * *
(c) * * *
(5) The Contractor agrees to incorporate the substance of this
clause, including this paragraph (c)(5) but excepting paragraph
(c)(1) of this clause, in all subcontracts under this contract that
exceed the threshold specified in Federal Acquisition Regulation
3.502-2(i) on the date of subcontract award.
(End of clause)
0
30. Amend section 52.203-12 by revising the date of the clause, the
first sentence of paragraph (g)(1), and paragraph (g)(3) to read as
follows:
52.203-12 Limitation on Payments to Influence Certain Federal
Transactions.
* * * * *
Limitation on Payments To Influence Certain Federal Transactions (JUN
2020)
* * * * *
(g) * * * (1) The Contractor shall obtain a declaration,
including the certification and disclosure in paragraphs (c) and (d)
of the provision at FAR 52.203-11, Certification and Disclosure
Regarding Payments to Influence Certain Federal Transactions, from
each person requesting or receiving a subcontract under this
contract that exceeds the threshold specified in FAR 3.808 on the
date of subcontract award.* * *
* * * * *
(3) The Contractor shall include the substance of this clause,
including this paragraph (g), in any subcontract that exceeds the
threshold specified in FAR 3.808 on the date of subcontract award.
* * * * *
0
31. Amend section 52.203-13 by revising the date of the clause and
removing from paragraph (d)(1) ``have a value in excess of $5.5
million'' and adding ``exceed the threshold specified in FAR 3.1004(a)
on the date of subcontract award'' in its place to read as follows:
52.203-13 Contractor Code of Business Ethics and Conduct.
* * * * *
Contractor Code of Business Ethics and Conduct (JUN 2020)
* * * * *
0
32. Amend section 52.203-14 by revising the date of the clause and the
introductory text of paragraph (d) to read as follows:
52.203-14 Display of Hotline Poster(s).
* * * * *
Display of Hotline Poster(s) (JUN 2020)
* * * * *
(d) Subcontracts. The Contractor shall include the substance of
this clause, including this paragraph (d), in all subcontracts that
exceed the threshold specified in Federal Acquisition Regulation
3.1004(b)(1) on the date of subcontract award, except when the
subcontract--
* * * * *
0
33. Amend section 52.203-16 by revising the date of the clause, the
[[Page 27092]]
heading of paragraph (d), and paragraph (d)(1) to read as follows:
52.203-16 Preventing Personal Conflicts of Interest.
* * * * *
Preventing Personal Conflicts of Interest (JUN 2020)
* * * * *
(d) Subcontracts. * * *
(1) That exceed the simplified acquisition threshold, as defined
in Federal Acquisition Regulation 2.101 on the date of subcontract
award; and
* * * * *
0
34. Amend section 52.203-17 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a) ``FAR 3.908'' and adding ``Federal
Acquisition Regulation (FAR) 3.908'' in its place;
0
c. Removing from paragraph (b) ``section 3.908 of the Federal
Acquisition Regulation'' and adding ``FAR 3.908'' in its place; and
0
d. Removing from paragraph (c) ``threshold.'' and adding ``threshold,
as defined in FAR 2.101 on the date of subcontract award.'' in its
place.
The revision reads as follows:
52.203-17 Contractor Employee Whistleblower Rights and Requirement To
Inform Employees of Whistleblower Rights.
* * * * *
Contractor Employee Whistleblower Rights and Requirement To Inform
Employees of Whistleblower Rights (JUN 2020)
* * * * *
0
35. Amend section 52.204-10 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (d)(1) introductory text ``FAR provision''
and adding ``Federal Acquisition Regulation (FAR) provision'' in its
place;
0
c. Removing from paragraph (d)(2) introductory text ``contracting
officer'' and ``with a value of $30,000 or more'' and adding
``Contracting Officer'' and ``valued at or above the threshold
specified in FAR 4.1403(a) on the date of subcontract award'' in their
places, respectively;
0
d. Removing from paragraph (d)(3) introductory text ``with a value of
$30,000 or more'' and adding ``valued at or above the threshold
specified in FAR 4.1403(a) on the date of subcontract award'' in its
place; and
0
e. Removing from paragraph (e) ``less than $30,000'' and adding ``below
the threshold specified in FAR 4.1403(a), on the date of subcontract
award,'' in its place.
The revision reads as follows:
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards.
* * * * *
Reporting Executive Compensation and First-Tier Subcontract Awards (JUN
2020)
* * * * *
0
36. Amend section 52.209-6 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(1)(i) ``FAR'' and adding ``Federal
Acquisition Regulation (FAR)'' in its place;
0
c. Removing from paragraphs (b) and (c) ``$35,000'' and adding ``the
threshold specified in FAR 9.405-2(b) on the date of subcontract
award,'' and ``the threshold specified in FAR 9.405-2(b) on the date of
subcontract award'' in their places, respectively; and
0
d. Revising paragraph (e)(1).
The revisions read as follows:
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment.
* * * * *
Protecting the Government's Interest When Subcontracting With
Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)
* * * * *
(e) * * *
(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date
of subcontract award; and
* * * * *
0
37. Amend section 52.210-1 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), removing from the definition of ``Commercial
item'' and ``nondevelopmental item'' the word ``Regulation'' and adding
``Regulation (FAR)'' in its place; and
0
c. Removing from the introductory text of paragraph (b) ``threshold''
and adding ``threshold, as defined in FAR 2.101 on the date of
subcontract award,'' in its place.
The revision reads as follows:
52.210-1 Market Research.
* * * * *
Market Research (JUN 2020)
* * * * *
0
38. Amend section 52.212-1 by revising the date of the clause and the
first and fifth sentences of paragraph (j) to read as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items (JUN 2020)
* * * * *
(j) * * * (Applies to all offers that exceed the micro-purchase
threshold, and offers at or below the micro-purchase threshold if
the solicitation requires the Contractor to be registered in the
System for Award Management (SAM).) * * * The suffix is assigned at
the discretion of the Offeror to establish additional SAM records
for identifying alternative EFT accounts (see FAR subpart 32.11) for
the same entity.* * *
* * * * *
0
39. Amend section 52.212-3 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (o)(2)(iii) ``$3,500'' and adding ``the
threshold at FAR 25.703-2(a)(2)'' in its place.
The revision reads as follows:
52.212-3 Offeror Representations and Certifications--Commercial
Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (JUN 2020)
* * * * *
0
40. Amend section 52.212-5 by--
0
a. Revising paragraphs (b)(1), (2), (4), and (8), (b)(17)(i), (iv), and
(v), (b)(31)(i), (b)(32)(i), (b)(33) and (44), and (c)(9);
0
b. Removing from paragraph (d) introductory text ``threshold'' and
adding ``threshold, as defined in FAR 2.101, on the date of award of
this contract'' in its place;
0
c. Revising paragraph (e)(1)(i);
0
d. Removing from paragraph (e)(1)(v) ``$700,000 ($1.5 million for
construction of any public facility)'' and adding ``the applicable
threshold specified in FAR 19.702(a) on the date of subcontract award''
in its place;
0
e. Revising paragraphs (e)(1)(i) through (x) and the first sentence of
paragraph (xxi); and
0
f. In Alternate II, revising the date of the alternate, paragraphs
(e)(1)(ii)(A), (E), (H), and (I), and the first sentence of paragraph
(e)(1)(ii)(T).
The revisions read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
(b) * * *
__(1) 52.203-6, Restrictions on Subcontractor Sales to the
Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and
10 U.S.C. 2402).
__(2) 52.203-13, Contractor Code of Business Ethics and Conduct
(JUN 2020) (41 U.S.C. 3509).
* * * * *
__(4) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
* * * * *
__(8) 52.209-6, Protecting the Government's Interest When
[[Page 27093]]
Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment. (JUN 2020) (31 U.S.C. 6101 note).
* * * * *
__(17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020)
(15 U.S.C. 637(d)(4)).
* * * * *
__(iv) Alternate III (JUN 2020) of 52.219-9.
__(v) Alternate IV (JUN 2020) of 52.219-9.
* * * * *
__(31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38
U.S.C. 4212).
* * * * *
__(32)(i) 52.222-36, Equal Opportunity for Workers with
Disabilities (JUN 2020) (29 U.S.C. 793).
* * * * *
__(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38
U.S.C. 4212).
* * * * *
__(44) 52.223-18, Encouraging Contractor Policies to Ban Text
Messaging While Driving (JUN 2020) (E.O. 13513).
* * * * *
(c) * * *
__(9) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations (JUN 2020) (42 U.S.C. 1792).
* * * * *
(e)(1) * * *
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN
2020) (41 U.S.C. 3509).
* * * * *
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38
U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities
(JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.
4212).
* * * * *
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations (JUN 2020) (42 U.S.C. 1792). * * *
* * * * *
Alternate II (JUN 2020). * * *
* * * * *
(e)(1) * * *
(ii) * * * * *
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN
2020) (41 U.S.C. 3509).
* * * * *
(E) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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 the applicable threshold specified
in FAR 19.702(a) on the date of subcontract award, the subcontractor
must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
* * * * *
(H) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.
4212).
(I) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) (29 U.S.C. 793).
* * * * *
(T) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations. (JUN 2020) (42 U.S.C. 1792). * * *
* * * * *
0
41. Amend section 52.213-4 by--
0
a. Revising the date of the clause;
0
b. Adding a period to the end of paragraph (a)(2)(iv);
0
c. Revising paragraphs (a)(2)(viii) and (b)(1)(i) through (iv), the
first sentence of paragraph (b)(1)(v), and paragraph (b)(1)(vi);
0
d. Removing from paragraph (b)(1)(xvii) introductory text ``threshold''
and adding ``threshold, as defined in FAR 2.101 on the date of award of
this contract,'' in its place; and
0
e. Revising paragraphs (b)(1)(xviii) and (b)(2)(ii).
The revisions read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items) (JUN 2020)
(a) * * *
(2) * * *
(viii) 52.244-6, Subcontracts for Commercial Items (JUN 2020)
(b) * * *
(1) * * *
(i) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note)
(Applies to contracts valued at or above the threshold specified in FAR
4.1403(a) on the date of award of this contract).
(ii) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies (JAN 2020) (E.O. 13126) (Applies to contracts for supplies
exceeding the micro-purchase threshold, as defined in FAR 2.101 on the
date of award of this contract).
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and
Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply
contracts over the threshold specified in FAR 22.602 on the date of
award of this contract, in the United States, Puerto Rico, or the U.S.
Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38
U.S.C. 4212) (Applies to contracts valued at or above the threshold
specified in FAR 22.1303(a) on the date of award of this contract).
(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN
2020) (29 U.S.C. 793) (Applies to contracts over the threshold
specified in FAR 22.1408(a) on the date of award of this contract,
unless the work is to be performed outside the United States by
employees recruited outside the United States). * * *
(vi) 52.222-37, Employment Reports on Veterans (JUN 2020)(38 U.S.C.
4212) (Applies to contracts valued at or above the threshold specified
in FAR 22.1303(a) on the date of award of this contract).
* * * * *
(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater
than the threshold specified in FAR 26.404 on the date of award of this
contract, that provide for the provision, the service, or the sale of
food in the United States).
* * * * *
(2) * * *
(ii) 52.209-6, Protecting the Government's Interest When
Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment (JUN 2020) (Applies to contracts over the threshold specified
in FAR 9.405-2(b) on the date of award of this contract).
* * * * *
0
42. Amend section 52.214-26 by revising the date of the clause and
paragraph (e) to read as follows:
52.214-26 Audit and Records--Sealed Bidding.
* * * * *
Audit and Records--Sealed Bidding (JUN 2020)
* * * * *
(e) Subcontracts. The Contractor shall insert a clause
containing all the provisions of this clause, including this
paragraph (e), in all subcontracts expected to exceed the threshold
for submission of certified cost or pricing data in FAR 15.403-
4(a)(1) on the date of subcontract award.
* * * * *
[[Page 27094]]
0
43. Amend section 52.214-27 by revising the date of the clause and
paragraph (a) to read as follows:
52.214-27 Price Reduction for Defective Certified Cost or Pricing
Data--Modifications--Sealed Bidding.
* * * * *
Price Reduction for Defective Certified Cost or Pricing Data--
Modifications--Sealed Bidding (JUN 2020)
(a) This clause shall become operative only for any modification
to this contract involving aggregate increases and/or decreases in
costs, plus applicable profits, expected to exceed the threshold for
the submission of certified cost or pricing data in Federal
Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of execution
of the modification, except that this clause does not apply to a
modification if an exception under FAR 15.403-1(b) applies.
* * * * *
0
44. Amend section 52.214-28 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(1) ``at (FAR) 48 CFR 15.403-4(a)(1)''
and adding ``in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on
the date of execution of the modification'' in its place;
0
c. Removing from paragraph (b) ``at FAR 15.403-4(a)(1)'' everywhere it
appears and adding ``in FAR 15.403-4(a)(1)'' in its place and adding a
sentence to the end of the paragraph; and
0
d. Removing from paragraph (d) ``at FAR 15.403-4(a)(1)'' and adding
``in FAR 15.403-4(a)(1)'' in its place.
The revision and addition read as follows:
52.214-28 Subcontractor Certified Cost or Pricing Data--
Modifications--Sealed Bidding.
* * * * *
Subcontractor Certified Cost or Pricing Data--Modifications--Sealed
Bidding (JUN 2020)
* * * * *
(b) * * * If the threshold for submission of certified cost or
pricing data specified in FAR 15.403-4(a)(1) is adjusted for
inflation as set forth in FAR 1.109(a), then pursuant to FAR
1.109(d) the changed threshold applies throughout the remaining term
of the contract, unless there is a subsequent threshold adjustment.
* * * * *
0
45. Amend section 52.215-2 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (g) introductory text ``threshold'' and
adding ``threshold, as defined in FAR 2.101 on the date of subcontract
award,'' in its place.
The revision reads as follows:
52.215-2 Audit and Records--Negotiation.
* * * * *
Audit and Records--Negotiation (JUN 2020)
* * * * *
0
46. Amend section 52.215-11 by revising the date of the clause and
paragraph (a) to read as follows:
52.215-11 Price Reduction for Defective Certified Cost or Pricing
Data--Modifications.
* * * * *
Price Reduction for Defective Certified Cost or Pricing Data--
Modifications (JUN 2020)
(a) This clause shall become operative only for any modification
to this contract involving a pricing adjustment expected to exceed
the threshold for submission of certified cost or pricing data in
Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of
execution of the modification, except that this clause does not
apply to any modification if an exception under FAR 15.403-1(b)
applies.
* * * * *
0
47. Amend section 52.215-12 by revising the date of the clause and
paragraphs (a) and (c) introductory text to read as follows:
52.215-12 Subcontractor Certified Cost or Pricing Data.
* * * * *
Subcontractor Certified Cost or Pricing Data (JUN 2020)
(a) Before awarding any subcontract expected to exceed the
threshold for submission of certified cost or pricing data in
Federal Acquisition Regulation (FAR) 15.403-4(a)(1), on the date of
agreement on price or the date of award, whichever is later; or
before pricing any subcontract modification involving a pricing
adjustment expected to exceed the threshold for submission of
certified cost or pricing data in FAR 15.403-4(a)(1), the Contractor
shall require the subcontractor to submit certified cost or pricing
data (actually or by specific identification in writing), in
accordance with FAR 15.408, Table 15-2 (to include any information
reasonably required to explain the subcontractor's estimating
process such as the judgmental factors applied and the mathematical
or other methods used in the estimate, including those used in
projecting from known data, and the nature and amount of any
contingencies included in the price), unless an exception under FAR
15.403-1(b) applies. If the threshold for submission of certified
cost or pricing data specified in FAR 15.403-4(a)(1) is adjusted for
inflation as set forth in FAR 1.109(a), then pursuant to FAR
1.109(d) the changed threshold applies throughout the remaining term
of the contract, unless there is a subsequent threshold adjustment.
* * * * *
(c) In each subcontract that, when entered into, exceeds the
threshold for submission of certified cost or pricing data in FAR
15.403-4(a)(1), the Contractor shall insert either--
* * * * *
0
48. Amend section 52.215-13 by--
0
a. Revising the date of the clause and paragraphs (a)(1) and (b); and
0
b. Removing from paragraph (d) ``at FAR 15.403-4'' and adding ``in FAR
15.403-4(a)(1)'' in its place.
The revisions read as follows:
52.215-13 Subcontractor Certified Cost or Pricing Data--
Modifications.
* * * * *
Subcontractor Certified Cost or Pricing Data--Modifications (JUN 2020)
(a) * * *
(1) Become operative only for any modification to this contract
involving a pricing adjustment expected to exceed the threshold for
submission of certified cost or pricing data in Federal Acquisition
Regulation (FAR) 15.403-4(a)(1) on the date of execution of the
modification; and
* * * * *
(b) Before awarding any subcontract expected to exceed the
threshold for submission of certified cost or pricing data in FAR
15.403-4(a)(1), on the date of agreement on price or the date of award,
whichever is later; or before pricing any subcontract modification
involving a pricing adjustment expected to exceed the threshold for
submission of certified cost or pricing data in FAR 15.403-4(a)(1), the
Contractor shall require the subcontractor to submit certified cost or
pricing data (actually or by specific identification in writing), in
accordance with FAR 15.408, Table 15-2 (to include any information
reasonably required to explain the subcontractor's estimating process
such as the judgmental factors applied and the mathematical or other
methods used in the estimate, including those used in projecting from
known data, and the nature and amount of any contingencies included in
the price), unless an exception under FAR 15.403-1(b) applies. If the
threshold for submission of certified cost or pricing data specified in
FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR
1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies
throughout the remaining term of the contract, unless there is a
subsequent threshold adjustment.
* * * * *
0
49. Amend section 52.215-14 by revising the date of the clause and
paragraph (c) to read as follows:
52.215-14 Integrity of Unit Prices.
* * * * *
[[Page 27095]]
Integrity of Unit Prices (JUN 2020)
* * * * *
(c) The Contractor shall insert the substance of this clause,
less paragraph (b) of this clause, in all subcontracts for other
than: acquisitions at or below the simplified acquisition threshold,
as defined in Federal Acquisition Regulation (FAR) 2.101 on the date
of subcontract award; construction or architect-engineer services
under FAR part 36; utility services under FAR part 41; services
where supplies are not required; commercial items; and petroleum
products.
* * * * *
0
50. Amend section 52.215-21 by revising the date of the clause and the
introductory text of paragraph (a)(1) to read as follows:
52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data--Modifications.
* * * * *
Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data--Modifications (JUN 2020)
(a) * * * (1) In lieu of submitting certified cost or pricing
data for modifications under this contract, for price adjustments
expected to exceed the threshold set forth in Federal Acquisition
Regulation (FAR) 15.403-4(a)(1) on the date of the agreement on
price or the date of the award, whichever is later, the Contractor
may submit a written request for exception by submitting the
information described in paragraphs (a)(1)(i) and (ii) of this
clause. If the threshold for submission of certified cost or pricing
data specified in FAR 15.403-4(a)(1) is adjusted for inflation as
set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed
threshold applies throughout the remaining term of the contract,
unless there is a subsequent threshold adjustment. The Contracting
Officer may require additional supporting information, but only to
the extent necessary to determine whether an exception should be
granted, and whether the price is fair and reasonable--
* * * * *
0
51. Amend section 52.215-23 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), removing from the definition ``Subcontract'' the
acronym ``FAR'' and adding ``Federal Acquisition Regulation (FAR)'' in
its place; and
0
c. Revising paragraph (f).
The revisions read as follows:
52.215-23 Limitations on Pass-Through Charges.
* * * * *
Limitations on Pass-Through Charges (JUN 2020)
* * * * *
(f) Subcontracts. The Contractor shall insert the substance of
this clause, including this paragraph (f), in all cost-reimbursement
subcontracts under this contract that exceed the simplified
acquisition threshold, as defined in FAR 2.101 on the date of
subcontract award, except if the contract is with DoD, then insert
in all cost-reimbursement subcontracts and fixed-price subcontracts,
except those identified in FAR 15.408(n)(2)(i)(B)(2), that exceed
the threshold for obtaining cost or pricing data in FAR 15.403-
4(a)(1) on the date of subcontract award.
* * * * *
0
52. Amend section 52.219-9 by--
0
a. Revising the date of the clause;
0
b. In paragraph (b), revising the definition of ``Commercial item'';
0
c. Removing from paragraph (d)(9) ``$700,000 ($1.5 million for
construction of any public facility)'' and adding ``the applicable
threshold specified in FAR 19.702(a) on the date of subcontract
award,'' in its place;
0
d. Removing from paragraph (d)(11)(iii) introductory text ``$150,000''
and adding ``the simplified acquisition threshold, as defined in FAR
2.101 on the date of subcontract award'' in its place;
0
e. Removing from the first sentence of paragraph (e)(6) ``threshold''
and adding ``threshold, as defined in FAR 2.101 on the date of
subcontract award,'' in its place;
0
f. Removing from paragraph (i) ``threshold in'' and adding ``threshold
in FAR'' in its place;
0
g. Removing from paragraph (l)(2)(i)(C) ``$700,000 (over $1.5 million
for construction of a public facility) and'' and adding ``the
applicable threshold specified in FAR 19.702(a), and the contract'' in
its place;
0
h. In Alternate III--
0
i. Revising the date of the alternate; and
0
ii. Removing from paragraph (l)(2)(i)(C) ``$700,000 (over $1.5 million
for construction of a public facility) and'' and adding ``the
applicable threshold specified in FAR 19.702(a), and the contract'' in
its place; and
0
i. In Alternate IV--
0
i. Revising the date of the alternate;
0
ii. Removing from paragraph (d)(9) ``$700,000 ($1.5 million for
construction of any public facility)'' and adding ``the applicable
threshold specified in FAR 19.702(a) on the date of subcontract
award,'' in its place; and
0
iii. Removing from paragraph (d)(11)(iii) introductory text
``$150,000'' and adding ``the simplified acquisition threshold, as
defined in FAR 2.101 on the date of subcontract award'' in its place.
The revisions read as follows:
52.219-9 Small Business Subcontracting Plan.
* * * * *
Small Business Subcontracting Plan (JUN 2020)
* * * * *
(b) * * *
Commercial item means a product or service that satisfies the
definition of commercial item in Federal Acquisition Regulation
(FAR) 2.101.
* * * * *
Alternate III (JUN 2020). * * *
* * * * *
Alternate IV (JUN 2020). * * *
* * * * *
0
53. Amend section 52.222-20 by revising the section heading, the clause
heading, and the introductory text of the clause to read as follows:
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment.
* * * * *
Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020)
If this contract is for the manufacture or furnishing of
materials, supplies, articles or equipment in an amount that exceeds
or may exceed the threshold specified in Federal Acquisition
Regulation 22.602 on the date of award of this contract, and is
subject to 41 U.S.C. chapter 65, the following terms and conditions
apply:
* * * * *
0
54. Amend section 52.222-35 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a), in the definition ``Active duty wartime
or campaign badge veteran,'' ``Armed Forces service medal veteran,''
``disabled veteran,'' ``protected veteran,'' ``qualified disabled
veteran,'' and ``recently separated veteran'', the acronym ``FAR'' and
adding ``Federal Acquisition Regulation (FAR)'' in its place; and
0
c. Removing from paragraph (c) ``of $150,000 or more'' and adding
``valued at or above the threshold specified in FAR 22.1303(a) on the
date of subcontract award,'' in its place.
The revision reads as follows:
52.222-35 Equal Opportunity for Veterans.
* * * * *
Equal Opportunity for Veterans (JUN 2020)
* * * * *
0
55. Amend section 52.222-36 by--
0
a. Revising the date of the clause; and
0
b. Removing from the first sentence in paragraph (b) ``$15,000'' and
adding ``the threshold specified in Federal Acquisition Regulation
(FAR) 22.1408(a) on the date of subcontract award,'' in its place.
The revision reads as follows:
[[Page 27096]]
52.222-36 Equal Opportunity for Workers with Disabilities.
* * * * *
Equal Opportunity for Workers With Disabilities (JUN 2020)
* * * * *
0
56. Amend section 52.222-37 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a) ``FAR'' and adding ``Federal Acquisition
Regulation (FAR)'' in its place; and
0
c. Removing from paragraph (g) ``of $150,000 or more'' and adding
``valued at or above the threshold specified in FAR 22.1303(a) on the
date of subcontract award,'' in its place.
The revision reads as follows:
52.222-37 Employment Reports on Veterans.
* * * * *
Employment Reports on Veterans (JUN 2020)
* * * * *
0
57. Amend section 52.223-18 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (d) ``threshold.'' and adding ``threshold,
as defined in Federal Acquisition Regulation 2.101 on the date of
subcontract award.'' in its place.
The revision reads as follows:
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While
Driving.
* * * * *
Encouraging Contractor Policies To Ban Text Messaging While Driving
(JUN 2020)
* * * * *
0
58. Amend section 52.225-25 by--
0
a. Revising the clause heading;
0
b. Removing from the introductory text of paragraph (c) ``accordance
with'' and adding ``accordance with Federal Acquisition Regulation
(FAR)'' in its place; and
0
c. Removing from paragraph (c)(3) ``$3,500'' and adding ``the threshold
at FAR 25.703-2(a)(2)'' in its place.
52.225-25 Prohibition on Contracting with Entities Engaging in
Certain Activities or Transactions Relating to Iran--Representation and
Certifications.
* * * * *
Prohibition on Contracting With Entities Engaging in Certain Activities
or Transactions Relating to Iran--Representation and Certifications
(JUN 2020)
* * * * *
0
59. Amend section 52.226-6 by revising the section heading, the date of
the clause, and paragraph (e) to read as follows:
52.226-6 Promoting Excess Food Donation to Nonprofit Organizations.
* * * * *
Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)
* * * * *
(e) Subcontracts. The Contractor shall insert this clause in all
contracts, task orders, delivery orders, purchase orders, and other
similar instruments that exceed the threshold specified in Federal
Acquisition Regulation 26.404 on the date of subcontract award with
its subcontractors or suppliers, at any tier, who will perform,
under this contract, the provision, service, or sale of food in the
United States.
* * * * *
0
60. Amend section 52.227-1 by revising the date of the clause and
paragraph (b) to read as follows:
52.227-1 Authorization and Consent.
* * * * *
Authorization and Consent (JUN 2020)
* * * * *
(b) The Contractor shall include the substance of this clause,
including this paragraph (b), in all subcontracts that are expected
to exceed the simplified acquisition threshold, as defined in
Federal Acquisition Regulation (FAR) 2.101 on the date of
subcontract award. However, omission of this clause from any
subcontract, including those at or below the simplified acquisition
threshold, as defined in FAR 2.101 on the date of subcontract award,
does not affect this authorization and consent.
* * * * *
0
61. Amend section 52.227-2 by revising the date of the clause and
paragraph (c) to read as follows:
52.227-2 Notice and Assistance Regarding Patent and Copyright
Infringement.
* * * * *
Notice and Assistance Regarding Patent and Copyright Infringement (JUN
2020)
* * * * *
(c) The Contractor shall include the substance of this clause,
including this paragraph (c), in all subcontracts that are expected
to exceed the simplified acquisition threshold, as defined in
Federal Acquisition Regulation (FAR) 2.101 on the date of
subcontract award.
* * * * *
0
62. Amend section 52.227-3 in Alternate III by revising the date of the
alternate and removing from the undesignated paragraph ``threshold''
and adding ``threshold, as defined in Federal Acquisition Regulation
2.101 on the date of subcontract award,'' in its place to read as
follows:
52.227-3 Patent Indemnity.
* * * * *
Alternate III (JUN 2020). * * *
* * * * *
0
63. Amend section 52.228-15 by revising the date of the clause and the
introductory text of paragraph (b) to read as follows:
52.228-15 Performance and Payment Bonds--Construction.
* * * * *
Performance and Payment Bonds--Construction (JUN 2020)
* * * * *
(b) Amount of required bonds. Unless the resulting contract
price is valued at or below the threshold specified in Federal
Acquisition Regulation 28.102-1(a) on the date of award of this
contract, the successful offeror shall furnish performance and
payment bonds to the Contracting Officer as follows:
* * * * *
0
64. Amend section 52.230-1 by--
0
a. Revising the introductory text and the date of the provision;
0
b. Removing from paragraph (a) ``$750,000'' and ``Chapter'' and adding
``the lower CAS threshold specified in Federal Acquisition Regulation
(FAR) 30.201-4(b)'' and ``chapter'' in their places, respectively; and
0
d. Revising the undesignated parenthetical paragraph following
paragraph (c)(1).
The revisions read as follows:
52.230-1 Cost Accounting Standards Notices and Certification.
As prescribed in 30.201-3(a), insert the following provision:
Cost Accounting Standards Notices and Certification (JUN 2020)
* * * * *
(c) * * *
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as
applicable. Forms may be obtained from the cognizant ACO or Federal
official.)
* * * * *
0
65. Amend section 52.230-2 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (d) ``Regulation shall'' and ``$750,000''
and adding ``Regulation (FAR) shall'' and ``the lower CAS threshold
specified in FAR 30.201-4(b) on the date of subcontract award'' in
their places, respectively.
The revision read as follows:
52.230-2 Cost Accounting Standards.
* * * * *
Cost Accounting Standards (JUN 2020)
* * * * *
0
66. Amend section 52.230-3 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (d)(1) ``subsection'' and ``Regulation
shall''
[[Page 27097]]
and adding ``section'' and ``Regulation (FAR) shall'' in their places,
respectively; and
0
c. Revising paragraph (d)(2).
The revisions read as follows:
52.230-3 Disclosure and Consistency of Cost Accounting Practices.
* * * * *
Disclosure and Consistency of Cost Accounting Practices (JUN 2020)
* * * * *
(d) * * *
(2) The requirement in this paragraph (d) shall apply only to
negotiated subcontracts in excess of the lower CAS threshold
specified in FAR 30.201-4(b) on the date of subcontract award.
* * * * *
0
67. Amend section 52.230-4 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (d)(1) ``FAR'' and adding ``Federal
Acquisition Regulation (FAR)'' in its place; and
0
c. Revising paragraph (d)(2).
The revisions read as follows:
52.230-4 Disclosure and Consistency of Cost Accounting Practices--
Foreign Concerns.
* * * * *
Disclosure and Consistency of Cost Accounting Practices--Foreign
Concerns (JUN 2020)
* * * * *
(d) * * *
(2) The requirement in this paragraph (d) shall apply only to
negotiated subcontracts in excess of the lower CAS threshold
specified in FAR 30.201-4(b) on the date of subcontract award.
* * * * *
0
68. Amend section 52.230-5 by revising the date of the clause and
paragraph (d)(2) to read as follows:
52.230-5 Cost Accounting Standards--Educational Institution.
* * * * *
Cost Accounting Standards--Educational Institution (JUN 2020)
* * * * *
(d) * * *
(2) The requirement in this paragraph (d) shall apply only to
negotiated subcontracts in excess of the lower CAS threshold
specified in Federal Acquisition Regulation (FAR) 30.201-4(b) on the
date of subcontract award; and
* * * * *
0
69. Amend section 52.232-16 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(1) ``FAR'' and adding ``Federal
Acquisition Regulation (FAR)'' in its place; and
0
c. In Alternate III--
0
i. Revising the date of the alternate; and
0
ii. Removing from paragraph (n) ``threshold.'' and adding ``threshold,
as defined in FAR 2.101 on the date of individual order award.'' in its
place.
The revisions read as follows:
52.232-16 Progress Payments.
* * * * *
Progress Payments (JUN 2020)
* * * * *
Alternate III (JUN 2020). * * *
* * * * *
0
70. Amend section 52.244-2 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraphs (c)(2)(i) and (ii) ``threshold'' and adding
``threshold, as defined in FAR 2.101 on the date of subcontract
award,'' in their places; and
0
c. In Alternate I--
0
i. Revising the date of the alternate; and
0
ii. Removing from paragraph (e)(2) ``threshold'' and ``paragraphs
(e)(1)(i) through (e)(1)(iv)'' and adding ``threshold, as defined in
FAR 2.101 on the date of subcontract award,'' and ``paragraphs
(e)(1)(i) through (iv)'' in their places, respectively.
The revisions read as follows:
52.244-2 Subcontracts.
* * * * *
Subcontracts (JUN 2020)
* * * * *
Alternate I (JUN 2020). * * *
* * * * *
0
71. Amend section 52.244-6 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), revising the definition ``Commercial item'' and
``commercially available off-the-shelf item'';
0
c. Revising the first sentence in paragraph (c)(1)(i);
0
d. Removing from paragraph (c)(1)(vii) ``$700,000 ($1.5 million for
construction of any public facility)'' and adding ``the applicable
threshold specified in FAR 19.702(a) on the date of subcontract award''
in its place; and
0
e. Revising paragraphs (c)(1)(x), (xi), and (xii).
The revisions read as follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items (JUN 2020)
(a) * * *
Commercial item and commercially available off-the-shelf item
have the meanings contained in Federal Acquisition Regulation (FAR)
2.101.
* * * * *
(c)(1) * * *
(i) 52.203-13, Contractor Code of Business Ethics and Conduct
(Jun 2020) (41 U.S.C. 3509), if the subcontract exceeds the
threshold specified in FAR 3.1004(a) on the date of subcontract
award, and has a performance period of more than 120 days. * * *
* * * * *
(x) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38
U.S.C. 4212(a)).
(xi) 52.222-36, Equal Opportunity for Workers with Disabilities
(Jun 2020) (29 U.S.C. 793).
(xii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38
U.S.C. 4212).
* * * * *
0
72. Amend section 52.246-26 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (g)(1)(iii) ``threshold'' and adding
``threshold, as defined in FAR 2.101 on the date of subcontract
award,'' in its place.
The revision reads as follows:
52.246-26 Reporting Nonconforming Items.
* * * * *
Reporting Nonconforming Items (JUNE 2020)
* * * * *
0
73. Amend section 52.248-1 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (i)(5) ``subsection'' and ``Regulation'' and
adding ``section'' and ``Regulation (FAR)'' in their places,
respectively; and
0
c. Revising the first sentence of paragraph (1).
The revisions read as follows:
52.248-1 Value Engineering.
* * * * *
Value Engineering (JUN 2020)
* * * * *
(l) Subcontracts. The Contractor shall include an appropriate
value engineering clause in any subcontract-valued at or above the
simplified acquisition threshold, as defined in FAR 2.101 on the
date of subcontract award, and may include one in subcontracts of
lesser value. * * *
* * * * *
[FR Doc. 2020-07109 Filed 5-5-20; 8:45 am]
BILLING CODE 6820-EP-P