[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Rules and Regulations]
[Pages 6180-6194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00710]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 12, 25, and 52
[FAC 2021-04; FAR Case 2019-016; Docket No. FAR-2019-0016, Sequence No.
1]
RIN 9000-AN99
Federal Acquisition Regulation: Maximizing Use of American-Made
Goods, Products, and Materials
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 an Executive order
(E.O.) addressing domestic preferences in Government procurement.
DATES: Effective: January 21, 2021.
Applicability: The changes in this rule apply to solicitations
issued on or after February 22, 2021 and resultant contracts.
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 or [email protected] for clarification
of content. For information pertaining to status or publication
schedules, contact the Regulatory Secretariat Division at 202-501-4755
or [email protected]. Please cite FAC 2021-04, FAR Case 2019-016.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule at 85 FR 56558 on
September 14, 2020, to implement E.O. 13881, Maximizing Use of
American-Made Goods, Products, and Materials (84 FR 34257, July 18,
2019). In order to implement the E.O., this final rule changes FAR
clauses implementing the Buy American statute by increasing the--
1. Domestic content requirements; and
2. Price preference for domestic products.
Increased Domestic Content Requirements
Under E.O. 13881, and this final rule, in order to meet the
definition of ``domestic construction material'' or ``domestic end
product,'' the cost of
[[Page 6181]]
foreign iron and steel for iron and steel products must be less than 5
percent of the cost of all components in the product. For everything
else, the domestic content requirement increases from 50 percent to
more than 55 percent of the cost of all components. E.O. 13881 creates
a new separate higher standard for iron and steel products. This
distinction has existed for many years in domestic preference
requirements governing certain Federal grant programs, such as the
Federal Transit Administration's Buy America regulations applicable to
grantees. Also, DoD procurements are affected by the increased domestic
content requirements of E.O. 13881; the changes will be implemented in
the Defense Federal Acquisition Regulation Supplement (DFARS) through
DFARS Case 2019-D045, Maximizing Use of American-Made Goods.
Increased Price Preference for Domestic Offers
The Buy American statute does not prohibit the purchase of foreign
end products or use of foreign construction material. Instead, it
encourages the use of domestic end products and construction material
by imposing a price preference for domestic end products and
construction material. E.O. 13881 and this final rule increase the
price preference from 6 percent to 20 percent for large businesses, and
from 12 percent to 30 percent for small businesses. The E.O. does not
impact the price preference for end products for DoD procurements,
which is 50 percent for both large and small businesses, because the
DoD percentage exceeds the requirements of the E.O.
Thirty-five 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 public 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
This final rule makes the following significant changes from the
proposed rule:
Definitions. At FAR 25.003, the definitions of ``domestic
construction material,'' ``domestic end product,'' and ``predominantly
of iron or steel or a combination of both'' are revised; and a
definition of ``foreign iron and steel'' is added.
[cir] The definitions of ``domestic construction material'' and
``domestic end product'' now specify that the cost of foreign iron and
steel includes but is not limited to the cost of foreign iron or steel
mill products (such as bar, billet, slab, wire, plate, or sheet),
castings, or forgings utilized in the manufacture of the product and a
good faith estimate of the cost of all foreign iron or steel components
excluding commercially available off-the-shelf (COTS) fasteners. The
definition specifies that the iron or steel components of unknown
origin are treated as foreign. Also, the definition explains that if
the construction material contains multiple components, the cost of all
the materials used in the construction material is calculated in
accordance with the definition of ``cost of components'' in FAR 25.003.
[cir] A definition of ``foreign iron and steel'' which includes
language explaining ``produced in the United States'' is added to
clarify the term as it is used in the revised definitions of ``domestic
construction material'' and ``domestic end product''.
[cir] The definition of ``predominantly of iron or steel or a
combination of both'' now clarifies what is meant by the phrase ``the
cost of iron and steel.''
[cir] Conforming changes are made at FAR 25.101(a)(2)(ii) and
25.201(b)(2)(ii), as well as to FAR clauses 52.225-1, Buy American--
Supplies; 52.225-3, Buy American--Free Trade Agreements--Israeli Trade
Act; 52.225-9, Buy American--Construction Materials; and 52.225-11, Buy
American--Construction Materials Under Trade Agreement.
COTS fasteners. Revisions have been made throughout the
FAR to clarify that the domestic content test does not apply to COTS
fasteners. These revisions are made at FAR 25.001, 25.003, 25.101,
25.201, as well as in FAR clauses 52.225-1, Buy American-Supplies;
52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, and
its alternates; 52.225-9, Buy American--Construction Materials; and
52.225-11, Buy American--Construction Materials Under Trade Agreement,
and its alternate.
B. Analysis of Public Comments
1. Strong Support for the Rule
Comment: Most of the respondents strongly supported the proposed
rule. One respondent noted positive factors regarding this rule as
follows:
Improves America's position from an economic standpoint.
Helps increase jobs.
Improves relationships with companies within our country.
Interests other countries to do more trades and business
with companies that have American-made products, goods, and materials.
Improves our national image.
Response: Noted.
2. Domestic Content Test for COTS Items
2a. Remove the COTS Waiver for All Construction Materials
Comment: A few respondents stated that the rule should restore the
domestic content test for all COTS construction material, not just for
COTS construction iron and steel products. The respondents pointed out
that there are instances where ``nonferrous'' construction materials
compete with iron and steel products and in these instances, the rule
provides an advantage to foreign nonferrous producers when they compete
with U.S. producers of iron and steel products by not applying the
domestic content test to the ``nonferrous'' construction material.
Response: This FAR change is required to implement E.O. 13881.
2b. Remove the COTS Waiver for Fasteners
Comment: Many respondents (using an essentially identical form
letter) urged the Councils to remove the waiver of the domestic content
test of the Buy American statute for the acquisition of COTS fasteners.
These respondents stated that not doing so would not provide U.S.
fastener manufacturers the same protection being offered to
manufacturers of other iron and steel products.
Response: The Councils determined that requiring offerors to keep
track of the origin of all fasteners could have a significant negative
impact by creating an administrative burden on offerors that would
outweigh any benefit to the American iron and steel industrial base.
However, a clarification is made in FAR 25.001 to exclude only COTS
fasteners.
2c. No Changes to Current COTS Waiver
Comment: A few respondents stated that the COTS waiver should
remain as is and not subject iron and steel products to the additional
rigor of the domestic content test. These respondents commented that
contractors for COTS items have built their supply chains to comply
with the existing COTS waiver and changing this paradigm will impede
projects around the country, adversely impact these contractors, be
administratively burdensome for them, and increase compliance costs
that will eventually be borne by the Government. One of the
[[Page 6182]]
respondents stated that waiving some COTS items, but not others, would
create a dissimilar application of the domestic content rule that is
not in the public interest and should not be implemented in the FAR.
Response: As explained in the proposed rule, roll-back of the COTS
waiver is necessary to give full effect to the E.O. 13881 requirement.
3. Definitions
Comment: One respondent stated that it was not clear why the
longstanding practice of using cost of ``components'' has been replaced
with ``content'' when determining whether an end product is a steel end
product and the implications of this change. The respondent recommended
defining the word ``content'' and providing examples of application of
this new standard.
Response: The Councils note that the domestic content test is not
applied to determine whether an item is wholly or predominantly of iron
or steel or a combination of both, but to determine whether such a
product is foreign or domestic. As explained in paragraph II.B.2.i of
the proposed rule preamble, the term ``component test'' was replaced
with ``domestic content test'' because of the wording of the E.O.
regarding iron and steel. Per FAR 25.001(c)(1), this domestic content
test is one of the two-part test elements used by the Buy American
statute to define a ``domestic construction material'' or ``domestic
end product.'' Regarding iron and steel end products, the E.O. states
that the materials shall be considered to be of foreign origin if ``the
cost of foreign iron and steel used in such iron and steel end products
constitutes 5 percent or more of the cost of all the products used in
such iron and steel end products.'' ``All the products used'' in an
item would be the common meaning of ``content.'' The Councils do not
consider it necessary to define ``content''.
However, the Councils added the explanation that the cost of all
the materials used in a product is to be calculated consistent with the
definition of ``cost of components'' at FAR 25.003, if the product
contains multiple components. The Councils also specified that the cost
of foreign iron and steel includes but is not limited to the cost of
foreign iron or steel mill products (such as bar, billet, slab, wire,
plate, or sheet), castings, or forgings utilized in the manufacture of
the product and a good faith estimate of the cost of all foreign iron
or steel components excluding COTS fasteners, both in the definitions
of ``domestic construction material,'' and ``domestic end product.''
To determine whether a product that is wholly or predominantly of
iron or steel or a combination of both is foreign or domestic, it is
necessary to determine the following:
(i) Does the product consist wholly or ``predominantly of iron or
steel or a combination of both'' (as defined in FAR 25.003)?
(ii) Is any of the iron or steel content not produced in the United
States?
(iii) Is the cost of foreign iron or steel mill products (such as
bar, billet, slab, wire, plate, or sheet), castings, or forgings
utilized in the manufacture of the product, and a good faith estimate
of the cost of all foreign iron or steel components (excluding COTS
fasteners), less than 5 percent of the cost of all the components used
in the end product (or construction material)? If the product contains
multiple components, the cost is to be calculated consistent with the
definition of ``cost of components'' at FAR 25.003.
See the following examples:
A steel beam. For purposes of this example, this steel
beam consists wholly of steel. The cost of all material in the beam,
excluding final manufacture, overhead costs, and profit, is $50. If the
steel beam is rolled from steel bloom, then the steel beam probably
contains either all domestic steel, or all foreign steel. However, if
the beam is welded or riveted from separate steel plates, then it is
conceivable that some of the steel plates could have been formed from
steel not produced in the United States. If the cost of the foreign
steel plates used to make the beam equals or exceeds $2.50 (i.e., 5
percent of the cost of all the components used in the product), then
the entire beam is a foreign construction material.
A steel safe. The steel safe may include other components
such as a combination lock, a dehumidifier, or drawers. The safe costs
$1,000 and the cost of all components in the safe is $500. If the cost
of the steel plates or other steel mill products (excluding COTS
fasteners) utilized in the manufacture of the safe exceeds $250 (i.e.,
50 percent of the total cost of all the components as defined in FAR
25.003), then the safe consists predominantly of steel. If the cost of
foreign iron or steel mill products (such as bar, billet, slab, wire,
plate, or sheet), castings, or forgings utilized in the manufacture of
the safe and a good faith estimate of the cost of all foreign iron or
steel components (excluding COTS fasteners) is less than $25 (i.e., 5
percent of the cost of all the components used in the product), then
the safe is a domestic end product.
A refrigerator. The refrigerator consists of many
components and materials. The exterior cabinet and door and the inner
cabinet of this refrigerator are steel. The refrigerator also includes
insulation, cooling system, refrigerant, and fixtures. The refrigerator
costs $2,000 and the cost of all components in the refrigerator is
$1,000. If the cost of the steel plates or other steel mill products
(excluding COTS fasteners) utilized in the manufacture of the
refrigerator does not exceed $500 (i.e., 50 percent of the total cost
of all the components as defined in FAR 25.003), then the refrigerator
does not consist predominantly of steel.
Comment: One respondent recommended clarifying the meaning of
``metallurgical processes'' and providing a list of representative
metallurgical functions such as smelting, melting, pouring, rolling,
casting, and other similar processes. The respondent based the
recommendation on their interpretation of the existing guidance and the
proposed rule, suggesting that raw steel and iron material for a steel
end product may enter the United States and after undergoing all
manufacturing processes for its intended final use, it would then be
considered ``produced in the U.S.'' both for purposes of being a
domestic component (if it is a component in an end product) or a
domestic end product itself (if solely from one foreign material). The
respondent's interpretation also suggested that if ``the steel came
with any foreign manufacturing outside the original metallurgical
process, the item would be considered foreign, even if all subsequent
manufacturing occurred in the U.S.'' One respondent suggested defining
``manufactured in the United States'' under the Buy American statute's
two-part test using a more stringent standard where all steelmaking
processes, including the melting and pouring of the steel (i.e., the
actual steelmaking), occur in the United States. Other respondents
requested the rule provide a clear, explicit definition of ``foreign
iron and steel'' to prevent any adverse or unintended consequences.
Response: The exception relating to metallurgical processes
involving refinement of steel additives does not apply to any of the
metallurgical processes involved in the making of the steel itself.
Steel is defined in FAR 25.003 as an alloy that includes at least 50
percent iron, between 0.02 and 2 percent carbon, and may include other
elements. These other elements (e.g., manganese, silicon, copper,
aluminum, chromium, cobalt, molybdenum, nickel, niobium, titanium,
tungsten, vanadium) are termed steel additives, and as such,
[[Page 6183]]
are added to the steel alloy to create steel with different properties
(e.g., stainless steel). Therefore, whatever metallurgical processes
are used to separate and concentrate and reduce the ore to metal, then
refine to increase the grade or purity of a steel additive (such as
titanium or tungsten) can occur anywhere, prior to adding these other
metals to produce the steel alloy in the United States. As stated in
the proposed rule, in order to be domestic, all manufacturing processes
of the iron or steel (other than the additives) must take place in the
United States. In the final rule, language is added from the definition
of ``produced in the United States'' from E.O. 13788, Buy American and
Hire American (82 FR 18837) to better explain how the iron or steel is
considered domestic. For clarity, the final rule moves the explanation
of what it means to produce iron or steel in the United States from the
definition of ``domestic construction material'' and ``domestic end
product'' to a new, separate definition in FAR 25.003 for the term
``foreign iron and steel.'' The definition of ``foreign iron and
steel'' is based on the existing description of ``iron or steel
components'' at FAR 25.602-1(a)(1)(ii), consistent with the intent
articulated in the proposed rule.
Comment: One respondent recommended that ``good faith'' be further
defined to include a subjective and objective standard for a
``reasonable business person without legal knowledge or training''.
Response: The term ``good faith'' is used in many instances in the
FAR and other agency regulations. The Councils concluded that ``a good
faith estimate'' should be sufficient; and that adding the suggested
language will not make the standard any clearer.
Comment: One respondent stated that requiring nothing more than a
``good faith assurance'' to calculate the cost of foreign components
could lead to abuse or fraud in calculating the cost of foreign
components, which would undermine the purpose of E.O. 13881. The
respondent commented that because the origin of the iron and steel
products should be readily discernible, the final rule should require
suppliers to track the domestic content in iron and steel products and
subject this accounting to periodic audit. Another respondent submitted
a similar comment.
Response: The Councils agree that the origin of the iron and steel
components should be readily discernible. As such, the final rule has
been revised to clarify that contractors are to make a ``good faith
estimate'' only for the cost of all foreign iron or steel components,
other than the cost of foreign iron or steel mill products (such as
bar, billet, slab, wire, plate, or sheet), castings, or forgings
utilized in the manufacture of the product. It is highly likely that
current procedures will yield the needed information for the offeror to
make the required determinations in this rule. The cost of the iron and
steel items are included in invoices and already used to determine
whether an end product or construction material is foreign.
Comment: A few respondents stated that defining ``predominantly of
iron or steel'' based on cost of the components, as opposed to weight,
volume, and cost, opens a loophole that will allow manufacturers and
contractors to evade the domestic content requirements through creative
accounting practices.
Response: The Councils reiterate that basing the predominance on
cost, rather than weight or volume, is consistent with the requirement
of the E.O. that the ``cost'' of foreign iron and steel be limited to
less than 5 percent of the ``cost'' of all components. Therefore, the
final rule remains unchanged regarding the basis for determining
whether an item is predominantly of iron or steel.
Comment: One respondent stated that the proposed rule's definition
of ``fasteners'' was overly broad and by exempting fasteners from the
domestic content requirements, the rule creates an opportunity for
abuse of this ``loophole.'' The respondent requested the definition of
``fasteners'' be modified to reflect the qualifiers the Councils
provided in the proposed rule, i.e., that the fasteners being exempted
were those that were ``small'' or ``inexpensive.''
Response: The Councils have clarified the text in the final rule to
state that the fasteners being exempted from the domestic content
requirement are those that are COTS items.
Comment: One respondent stated that requiring iron and steel
products to contain 95 percent domestic content is too onerous and
burdensome on manufacturers. The respondent commented that the 95
percent requirement should be reduced or phased in over time.
Alternatively, the respondent also suggested that in determining
whether a predominantly of iron or steel product is domestic,
manufacturers should be allowed to use the cost of non-iron and non-
steel components of the item; this way, manufacturers can mitigate the
95 percent requirement, while still incentivizing domestic purchase of
non-steel components. Another respondent had a similar comment,
pointing out that the Environmental Protection Agency allows for 5
percent of the total ``project'' cost to be foreign iron and steel
products instead of 5 percent of the total cost of the individual
product.
Response: This FAR change is required to implement E.O. 13881,
which increased the domestic content requirement for iron and steel end
products to 95 percent. However, the Councils note that the proposed
rule presented the requirement as whether 5 percent of the cost of all
the components was foreign iron or steel, not whether 5 percent of the
cost of only the iron or steel components were foreign iron or steel;
thereby, giving credit to the non-iron and non-steel components of the
end item as requested by the respondent.
Comment: One respondent stated their interpretation that the
proposed rule encompassed steel subcomponents, not just steel
components. Due to lack of visibility into the cost of these steel
subcomponents by manufacturers, the respondent requested the rule
consider exempting the cost of subcomponents from the calculations.
Another respondent had a similar comment, pointing out that the Federal
Transit Administration's policy explicitly exempts subcomponents from
country-of-origin consideration, including iron and steel components.
Response: The Councils confirm that the intent of the proposed rule
was to include the cost of subcomponents in the domestic content
calculations. However, the Councils did not add ``subcomponents'' in
the FAR text because the definition of ``components'' at FAR 25.003 is
written broadly enough to already cover subcomponents. In acknowledging
the difficulty contractors may have to know, definitively, the cost of
all subcomponents in iron or steel items, the Councils clarify in the
final rule that contractors are to make a ``good faith estimate'' of
the cost of all foreign iron or steel components, other than the cost
of foreign iron or steel mill products (such as bar, billet, slab,
wire, plate, or sheet), castings, or forgings utilized in the
manufacture of the product.
4. Outside the Scope of This Rule
Comment: Two respondents provided comments regarding marketing
their specific businesses, and two respondents provided comments of a
political nature.
Response: These comments did not address the rule and, as such, are
outside the scope of this rule.
Comment: One respondent recommended that if no domestic offers are
received on an acquisition conducted using full and open competition,
then the procurement officer should confirm with at least two
[[Page 6184]]
other manufacturers within the same NAICS code their non-interest in
the procurement.
Response: The Councils concluded the recommendation would add a
significant burden on contracting officers, and is not necessary for
implementation of the E.O.
Comment: One respondent recommended defining ``manufactured'' and
adopting a clear non-shift approach to the items specified in the
procurement document for all purchases (aside from systems).
Response: This recommendation is not necessary for implementation
of the E.O. The Councils note that definitions of ``manufacture'' have
been considered in the past and rejected. Although the FAR does not
define ``manufacture,'' it does define ``place of manufacture,'' at FAR
52.225-18, as ``the place where an end product is assembled out of
components, or otherwise made or processed from raw materials into the
finished product that is to be provided to the Government.''
Comment: One respondent recommended removing the Buy American
statute's exception for ``Goods for Use Outside the United States'' and
using an evaluation factor instead.
Response: The exception for articles, materials, or supplies for
use outside the United States is included in the Buy American statute
(41 U.S.C. 8302(a)(2)(A) and 8303(b)(1)(A)).
The Balance of Payments Program provided a preference for U.S.
products and services for overseas use, and its restrictions were
similar to the restrictions of the Buy American statute, which apply
only within the United States. Purchases of supplies for use outside
the United States, and construction materials for construction
contracts performed outside the United States, were covered by the
Balance of Payments Program in FAR subpart 25.3, as a matter of policy,
until it was removed in 2002. Only a few civilian agencies make
purchases for use outside the United States. Furthermore, even fewer
civilian agencies award construction contracts that are performed
outside the United States. The Balance of Payments Program applied to
purchases valued at more than the simplified acquisition threshold and
had little impact for civilian agency acquisitions of supplies in
excess of the Trade Agreements Act threshold, because the civilian
agencies do not apply the Balance of Payments Program when the Trade
Agreements Act applies. Therefore, because there was no statutory
requirement for the Balance of Payments Program, and because
elimination of this Program for civilian agencies would reduce
administrative burdens on both the Government and the public, without
significant impact on the Government's international balance of
payments, the Balance of Payments Program was eliminated for civilian
agencies. The rationale for elimination of this Program for civilian
agencies has not changed. Note that DoD has retained the Balance of
Payments Program for acquisitions of supplies for use outside the
United States or construction projects to be performed overseas.
5. Oppose the Rule
Comment: Some respondents urged the Councils not to increase the
iron and steel content requirements beyond their current levels because
of the limited availability of U.S. sources for components, which will
result in increased costs and a decrease in competition. Some of these
respondents also stated that Buying American should be an incentive,
not a requirement.
Response: This FAR change implements the content requirements
established in E.O. 13881.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This final rule does not add any new provisions or clauses, nor
change the applicability of existing provisions or clauses, to
contracts at or below the SAT and contracts for the acquisition of
commercial items, including COTS items.
However, this rule applies the domestic content test of the Buy
American statute, as implemented by E.O. 13881, to COTS items that
consist wholly or predominantly of iron or steel (excluding COTS
fasteners). In accordance with 41 U.S.C. 1907, since 2008, the domestic
content test of the Buy American statute has been waived for COTS
items, in part due to the complexity and cost of keeping track of
components in a world of global sourcing where the Government is not a
market driver. But absent restoration of the domestic content test, the
E.O. 13881 requirement regarding iron and steel construction material
would have very little effect. As such, the Administrator for Federal
Procurement Policy has determined that it would not be in the best
interest of the Federal Government to exempt iron and steel products
(excluding COTS fasteners) that are COTS items from the applicability
of the content test for foreign iron and steel under the Buy American
statute.
The domestic content waiver for COTS items would continue to apply
to COTS iron and steel fasteners, such as nuts, bolts, pins, rivets,
nails, clips, and screws, which are generally so small, inexpensive,
and comingled that trying to keep track of the origin of all fasteners
would create an administrative burden on offerors that would outweigh
any benefit to the American iron and steel industrial base.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This rule is not a significant regulatory action and, therefore, 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. Expected Impact of the Final Rule
The FAR clauses implementing the Buy American statute apply to a
narrow set of procurements. Also, because the FAR Council is leaving
the COTS items exception in place for most COTS items, the heightened
domestic content requirements will not be applicable to those
procurements.
With this rule's implementation, domestic industries supplying
domestic end products are likely to benefit from a competitive
advantage. Based on the E.O., it is unclear if the pool of qualified
suppliers would be reduced, resulting in less competition (and a
possible increase in prices that the Government will pay to procure
these products).
At least three arguments point to the possibility that any
increased burden, on contractors in particular, could be small if not
de minimis: (1) Familiarization costs should be low; (2) some, if not
many, contractors may already be able to meet the more stringent
threshold; and (3) costs incurred by contractors that adjust their
supply chains so that their end products qualify as domestic will enjoy
a larger price preference that should help to offset these costs over
time. Each of these arguments is explained below.
First, DoD, GSA, and NASA do not anticipate significant costs from
contractors' familiarization with this
[[Page 6185]]
rule given the history of rulemaking and E.O.s in this area. The basic
mechanics of the Buy American statute (e.g., definitions, how and when
the price preference is used to favor domestic end products,
certifications required of offerors to demonstrate end products are
domestic) remain unchanged and continue to reflect processes that are
decades old.
Second, some, if not many, contractors may already be able to
comply with the lower foreign content requirement needed to meet the
definition of ``domestic end product'' under E.O. 13881 and this rule.
Laws such as the SECURE Technology Act, Public Law 115-390, which
requires a series of actions to strengthen the Federal infrastructure
for managing supply chain risks, are placing a significantly increased
emphasis on Federal agencies and Federal Government contractors to
identify and reduce risk in their supply chains. One way to reduce
supply chain risk is to increase domestic sourcing of content. In
addition, in the context of iron and steel, many existing laws already
require more stringent content. For example, the Recovery Act required
that all construction material for a project for the construction,
alteration, maintenance, or repair of a public building or a public
work in the United States, consisting wholly or predominantly of iron
or steel, had to be produced in the United States when using Recovery
Act funds, to the extent consistent with trade agreements (see FAR
25.602-1, implementing section 1605 of the Recovery Act). In addition,
Federal contractors who also work on subawards funded under Federal
grants may, in some cases, find that the steel, iron, and manufactured
goods used in the project be produced in the United States, as is the
case for certain funding administrated by the Federal Transit
Administration for public transportation projects (see 49 U.S.C.
5323(j)). Accordingly, it is possible that the Federal market for iron
and steel has already done significant retooling and could meet the
requirements of E.O. 13881 with minor additional effort.
Third, it is anticipated that some contractors' products and
construction materials may not meet the definitions of ``domestic
construction material,'' and ``domestic end product'' unless the
contractors take steps to adjust their supply chains to increase the
domestic content. Contractors that make a business decision not to
modify their supply chains will still be able to propose in response to
Federal contract solicitations but will no longer enjoy a price
preference. Contractors that sell to civilian agencies and retool their
supply sources to meet the more stringent threshold will have a more
generous price preference applied to their products. These stronger
preferences, which are designed as an incentive to encourage more
domestic sourcing, may help to offset costs of meeting the new
standards.
This rule has the potential to slightly increase the estimated
percentage of foreign offers. It can only impact products that are made
in the United States as follows: Iron or steel products where the cost
of foreign iron and steel is 5 percent or more of the cost of all
components in the product; or other products, other than COTS items,
that have a content of 45 to 50 percent foreign components. Offerors of
such products have an option to increase the domestic content and
continue to offer domestic products, in which case they may benefit
from the increased preference for domestic products, or they may
continue to offer the same product, which will now be evaluated as
foreign. The Councils do not have any data on how many currently
domestic products would fall into this category. Nor do the Councils
have any knowledge as to which option an offeror of such products would
select since this is a business decision for each offeror to make.
Regarding the increased price preference for domestic offers, the
Councils note that robust competition among vendors offering domestic
products will decrease the extent to which the Government could pay an
additional 20 to 30 percent for domestic products above and beyond the
cost of otherwise equivalent foreign products.
Therefore, based on public comments received, DoD, GSA, and NASA
have concluded that the initial assessment is correct that the cost
impact of this rule is not significant, and any impact is predominantly
positive.
VI. Executive Order 13771
This rule is not subject to E.O. 13771, Reducing Regulation and
Controlling Regulatory Costs, because this rule has a de minimis impact
on the public (see section V. of this preamble).
VII. 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 strengthens domestic preferences under the Buy
American statute by making adjustments to the required percentage of
domestic content and the existing percentages for the price
evaluation preferences in an effort to decrease the amount of
foreign-sourced content in a U.S. manufactured product to promote
economic and national security, help stimulate economic growth, and
create jobs. The objective of this rule is to implement E.O. 13881,
Maximizing Use of American-Made Goods, Products, and Materials (84
FR 34257, July 18, 2019).
There were no significant issues raised by the public comments
in response to the initial regulatory flexibility analysis.
DoD, GSA, and NASA examined data from the Federal Procurement
Data System for fiscal years (FY) 2017, 2018, and 2019, for new
awards with a foreign place of performance for construction valued
over the micro-purchase threshold and awards for supplies to unique
small businesses. This rule will apply to only the 8 percent of
foreign construction awards that were made to small businesses, and
only 14 percent of foreign supply awards were made to small
businesses.
----------------------------------------------------------------------------------------------------------------
FY 2017 FY 2018 FY 2019 Median
Buy american statute ---------------------------------------------------------------------------
SB/total SB/total SB/total SB (%)
----------------------------------------------------------------------------------------------------------------
Construction........................ 18/217 = 8% 13/223 = 6% 15/199 = 8% 8
Supplies............................ 153/1,200 = 13% 164/1,161 = 14% 164/1,048 = 16% 14
----------------------------------------------------------------------------------------------------------------
This rule is covered under the existing information collection
requirements associated with the Buy American statute. The rule will
strengthen domestic preferences under the Buy American statute and
provide small businesses the opportunity and incentive to deliver
U.S. manufactured products from domestic suppliers. It is expected
that this rule will benefit U.S. small business manufacturers,
including those of iron or steel.
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
[[Page 6186]]
Secretariat Division has submitted a copy of the FRFA to the Chief
Counsel for Advocacy of the Small Business Administration.
VIII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply;
however, these changes to the FAR do not impose additional information
collection requirements to the paperwork burden previously approved
under the Office of Management and Budget Control Number 9000-0024, Buy
American, Trade Agreements, and Duty-Free Entry.
List of Subjects in 48 CFR Parts 12, 25, 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 12, 25, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 12, 25, 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 12--ACQUISITION OF COMMERCIAL ITEMS
0
2. 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, American Materials Required
for Public Use, paragraph (a)(1) that reads ``substantially all from
articles, materials, or supplies mined, produced, or manufactured in
the United States,'' Buy American--Supplies, domestic content test,
except as provided in 25.101(a)(2)(ii) (see 52.225-1 and 52.225-3).
(2) The portion of 41 U.S.C. 8303, Contracts for Public Works,
paragraph (a)(2) that reads ``substantially all from articles,
materials, or supplies mined, produced, or manufactured in the United
States,'' Buy American--Construction Materials, domestic content test,
except as provided in 25.201(b)(2)(ii)(see 52.225-9 and 52.225-11).
* * * * *
PART 25--FOREIGN ACQUISITION
0
3. Amend section 25.001 by revising paragraph (c)(1) to read as
follows:
25.001 General.
* * * * *
(c) * * *
(1) The Buy American statute uses a two-part test to define a
``domestic end product'' or ``domestic construction material''
(manufactured in the United States and a domestic content test). The
domestic content test has been waived for acquisition of commercially
available off-the-shelf (COTS) items, except a product that consists
wholly or predominantly of iron or steel or a combination of both
(excluding COTS fasteners) (see 25.101(a) and 25.201(b)).
* * * * *
0
4. Amend section 25.003 by--
0
a. Revising the definitions ``Domestic construction material'' and
``Domestic end product''; and
0
b. Adding in alphabetical order the definitions ``Fastener'', ``Foreign
iron and steel'', ``Predominantly of iron or steel or a combination of
both'', and ``Steel''.
The revisions and additions read as follows:
25.003 Definitions.
* * * * *
Domestic construction material means--
(1) For use in subparts other than 25.6--
(i) For construction material that does not consist wholly or
predominantly of iron or steel or a combination of both--
(A) An unmanufactured construction material mined or produced in
the United States; or
(B) A construction material manufactured in the United States, if--
(1) The cost of the components mined, produced, or manufactured in
the United States exceeds 55 percent of the cost of all its components.
Components of foreign origin of the same class or kind for which
nonavailability determinations have been made are treated as domestic.
Components of unknown origin are treated as foreign; or
(2) The construction material is a commercially available off-the-
shelf (COTS) item; or
(ii) For construction material that consists wholly or
predominantly of iron or steel or a combination of both, a construction
material manufactured in the United States if the cost of foreign iron
and steel constitutes less than 5 percent of the cost of all the
components used in such construction material. The cost of foreign iron
and steel includes but is not limited to the cost of foreign iron or
steel mill products (such as bar, billet, slab, wire, plate, or sheet),
castings, or forgings utilized in the manufacture of the construction
material and a good faith estimate of the cost of all foreign iron or
steel components excluding COTS fasteners. Iron or steel components of
unknown origin are treated as foreign. If the construction material
contains multiple components, the cost of all the materials used in
such construction material is calculated in accordance with the
definition of ``cost of components'' in this section; or
(2) For use in subpart 25.6, see the definition in 25.601.
Domestic end product means--
(1) For an end product that does not consist wholly or
predominantly of iron or steel or a combination of both--
(i) An unmanufactured end product mined or produced in the United
States;
(ii) An end product manufactured in the United States, if--
(A) The cost of its components mined, produced, or manufactured in
the United States exceeds 55 percent of the cost of all its components.
Components of foreign origin of the same class or kind as those that
the agency determines are not mined, produced, or manufactured in
sufficient and reasonably available commercial quantities of a
satisfactory quality are treated as domestic. Components of unknown
origin are treated as foreign. Scrap generated, collected, and prepared
for processing in the United States is considered domestic; or
(B) The end product is a COTS item; or
(2) For an end product that consists wholly or predominantly of
iron or steel or a combination of both, an end product manufactured in
the United States, if the cost of foreign iron and steel constitutes
less than 5 percent of the cost of all the components used in the end
product. The cost of foreign iron and steel includes but is not limited
to the cost of foreign iron or steel mill products (such as bar,
billet, slab, wire, plate, or sheet), castings, or forgings utilized in
the manufacture of the end product and a good faith estimate of the
cost of all foreign iron or steel components excluding COTS fasteners.
Iron or steel components of unknown origin are treated as foreign. If
the end product contains multiple components, the cost of all the
materials used in such end product is calculated in accordance with the
definition of ``cost of components'' in this section.
* * * * *
Fastener means a hardware device that mechanically joins or affixes
two or more objects together. Examples of fasteners are nuts, bolts,
pins, rivets, nails, clips, and screws.
* * * * *
[[Page 6187]]
Foreign iron and steel means iron or steel products not produced in
the United States. Produced in the United States means that all
manufacturing processes of the iron or steel must take place in the
United States, from the initial melting stage through the application
of coatings, except metallurgical processes involving refinement of
steel additives. The origin of the elements of the iron or steel is not
relevant to the determination of whether it is domestic or foreign.
* * * * *
Predominantly of iron or steel or a combination of both means that
the cost of the iron and steel content exceeds 50 percent of the total
cost of all its components. The cost of iron and steel is the cost of
the iron or steel mill products (such as bar, billet, slab, wire,
plate, or sheet), castings, or forgings utilized in the manufacture of
the product and a good faith estimate of the cost of iron or steel
components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron,
between 0.02 and 2 percent carbon, and may include other elements.
* * * * *
0
5. Amend section 25.100 by--
0
a. Removing from the end of paragraph (a)(2) ``and'';
0
b. Redesignating paragraph (a)(3) as paragraph (a)(4);
0
c. Adding a new paragraph (a)(3); and
0
d. Revising the newly redesignated paragraph (a)(4).
The addition and revision read as follows:
25.100 Scope of subpart.
(a) * * *
(3) Executive Order 13881, July 15, 2019; and
(4) Waiver of the domestic content test of the Buy American statute
for acquisition of commercially available off-the-shelf (COTS) items in
accordance with 41 U.S.C. 1907, but see 25.101(a)(2)(ii).
* * * * *
0
6. Amend section 25.101 by--
0
a. Removing from paragraph (a) introductory text ``statute uses'' and
adding ``statute and E.O. 13881 use'' in its place;
0
b. Revising paragraph (a)(2);
0
c. Removing from paragraph (b) ``component test'' and adding ``domestic
content test'' in its place; and
0
d. Removing from paragraph (c) ``Subpart 25.5'' and adding ``subpart
25.5'' in its place.
The revision reads as follows:
25.101 General.
(a) * * *
(2)(i) Except for an end product that consists wholly or
predominantly of iron or steel or a combination of both, the cost of
domestic components must exceed 55 percent of the cost of all the
components. In accordance with 41 U.S.C. 1907, this domestic content
test of the Buy American statute has been waived for acquisitions of
COTS items (see 12.505(a)) (but see paragraph (a)(2)(ii) of this
section).
(ii) For an end product that consists wholly or predominantly of
iron or steel or a combination of both, the cost of foreign iron and
steel must constitute less than 5 percent of the cost of all the
components used in the end product (see the definition of ``foreign
iron and steel'' at 25.003). The cost of foreign iron and steel
includes but is not limited to the cost of foreign iron or steel mill
products (such as bar, billet, slab, wire, plate, or sheet), castings,
or forgings utilized in the manufacture of the end product and a good
faith estimate of the cost of all foreign iron or steel components
excluding COTS fasteners. This domestic content test of the Buy
American statute has not been waived for acquisitions of COTS items in
this category, except for COTS fasteners.
* * * * *
25.105 [Amended]
0
7. Amend section 25.105 by--
0
a. Removing from paragraph (b)(1) ``6 percent'' and adding ``20
percent'' in its place; and
0
b. Removing from paragraph (b)(2) ``12 percent'' and ``Subpart 19.5''
and adding ``30 percent'' and ``subpart 19.5'' in their places,
respectively.
0
8. Amend section 25.200 by--
0
a. Removing from the end of paragraph (a)(2) ``and'';
0
b. Redesignating paragraph (a)(3) as paragraph (a)(4);
0
c. Adding a new paragraph (a)(3); and
0
d. Revising the newly redesignated paragraph (a)(4).
The addition and revision read as follows:
25.200 Scope of subpart.
(a) * * *
(3) Executive Order 13881, July 15, 2019; and
(4) Waiver of the domestic content test of the Buy American statute
for acquisitions of commercially available off-the-shelf (COTS) items
in accordance with 41 U.S.C. 1907, but see 25.201(b)(2)(ii).
* * * * *
0
9. Revise section 25.201 to read as follows:
25.201 Policy.
(a) Except as provided in 25.202, use only domestic construction
materials in construction contracts performed in the United States.
(b) The Buy American statute restricts the purchase of construction
materials that are not domestic construction materials. For
manufactured construction materials, the Buy American statute and E.O.
13881 use a two-part test to define domestic construction materials.
(1) The article must be manufactured in the United States; and
(2)(i) Except for construction material that consists wholly or
predominantly of iron or steel or a combination of both, the cost of
domestic components must exceed 55 percent of the cost of all the
components. In accordance with 41 U.S.C. 1907, this domestic content
test of the Buy American statute has been waived for acquisitions of
COTS items (see 12.505(a)).
(ii) For construction material that consists wholly or
predominantly of iron or steel or a combination of both, the cost of
foreign iron and steel must constitute less than 5 percent of the cost
of all the components used in such construction material (see the
definition of ``foreign iron and steel'' at 25.003). The cost of
foreign iron and steel includes but is not limited to the cost of
foreign iron or steel mill products (such as bar, billet, slab, wire,
plate, or sheet), castings, or forgings utilized in the manufacture of
the construction material and a good faith estimate of the cost of all
foreign iron or steel components excluding COTS fasteners. This
domestic content test of the Buy American statute has not been waived
for acquisitions of COTS items in this category, except for COTS
fasteners.
25.204 [Amended]
0
10. Amend section 25.204 in paragraph (b) by removing ``6 percent'' and
adding ``20 percent'' in its place.
0
11. Amend section 25.504-1 by--
0
a. Revising the table in paragraph (a)(1);
0
b. Removing from paragraph (a)(2) ``12 percent'' and ``$11,200'' and
adding ``30 percent'' and ``$13,000'' in their places, respectively;
and
0
c. Removing from paragraph (b)(2) ``12 percent'' and ``$11,424'' and
adding ``30 percent'' and ``$13,260'' in their places, respectively.
The revision reads as follows:
25.504-1 Buy American statute.
(a)(1) * * *
------------------------------------------------------------------------
------------------------------------------------------------------------
Offer A.................... $16,000 Domestic end product, small
business.
[[Page 6188]]
Offer B.................... $15,700 Domestic end product, small
business.
Offer C.................... $10,000 U.S.-made end product (not
domestic), small business.
------------------------------------------------------------------------
* * * * *
0
12. Amend section 25.504-2 by revising the table to read as follows:
25.504-2 WTO GPA/Caribbean Basin Trade Initiative/FTAs.
* * * * *
------------------------------------------------------------------------
------------------------------------------------------------------------
Offer A.................... $304,000 U.S.-made end product (not
domestic).
Offer B.................... $303,000 U.S.-made end product
(domestic), small business.
Offer C.................... $300,000 Eligible product.
Offer D.................... $295,000 Noneligible product (not U.S.-
made).
------------------------------------------------------------------------
* * * * *
0
13. Amend section 25.504-3 by--
0
a. Revising the entry ``Offer B'' in the table in paragraph (a);
0
b. Revising the entry ``Offer B'' in the table in paragraph (b); and
0
c. Revising entries ``Offer B'' and ``Offer C'' in the table in
paragraph (c).
The revisions read as follows:
25.504-3 FTA/Israeli Trade Act.
(a) * * *
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * *
Offer B.................... $100,000 Eligible product.
------------------------------------------------------------------------
* * * * *
(b) * * *
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * *
Offer B.................... $103,000 Noneligible product.
------------------------------------------------------------------------
* * * * *
(c) * * *
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * *
Offer B.................... $103,000 Eligible product.
Offer C.................... 100,000 Noneligible product.
------------------------------------------------------------------------
* * * * *
0
14. Amend section 25.504-4 by--
0
a. In paragraph (a)--
0
i. Revising the table;
0
ii. In STEP 1, Items 3 and 5, removing ``6 percent'' and adding ``20
percent'' in their places, respectively; and
0
iii. Revising STEP 2 and 3.
0
b. Revising paragraph (b).
The revisions read as follows:
25.504-4 Group award basis.
(a) * * *
----------------------------------------------------------------------------------------------------------------
Offers
Item -----------------------------------------------------------
A B C
----------------------------------------------------------------------------------------------------------------
1................................................... DO = $55,000 EL = $56,000 NEL = $50,000
2................................................... NEL = 13,000 EL = 10,000 EL = 13,000
3................................................... NEL = 11,500 DO = 12,000 DO = 10,000
4................................................... NEL = 24,000 EL = 28,000 NEL = 22,000
5................................................... DO = 18,000 NEL = 10,000 DO = 14,000
-----------------------------------------------------------
Total........................................... 121,500 116,000 109,000
----------------------------------------------------------------------------------------------------------------
* * * * *
STEP 2: Evaluate Offer C against the tentative award pattern for
Offers A and B:
----------------------------------------------------------------------------------------------------------------
Offers
---------------------------------------------------------------------
Item Tentative award
Low offer pattern from A and C
B
----------------------------------------------------------------------------------------------------------------
1......................................... A........................... DO = $55,000 * NEL = $60,000
2......................................... B........................... EL = 10,000 EL = 13,000
3......................................... B........................... DO = 12,000 DO = 10,000
4......................................... A........................... NEL = 24,000 NEL = 22,000
5......................................... B........................... *NEL = 12,000 DO = 14,000
---------------------------------------------------------------------
Total................................. ............................ 113,000 119,000
----------------------------------------------------------------------------------------------------------------
* Offer + 20 percent.
On a line item basis, apply a factor to any noneligible offer if
the other offer for that line item is domestic.
For Item 1, apply a factor to Offer C because Offer A is domestic
and the acquisition was not covered by the WTO GPA. The evaluated price
of Offer C, Item 1, becomes $60,000 ($50,000 plus 20 percent). Apply a
factor to Offer B, Item 5, because it is a noneligible product and
Offer C is domestic. The evaluated price of Offer B is $12,000 ($10,000
plus 20 percent). Evaluate the remaining items without applying a
factor.
STEP 3: The tentative unrestricted award pattern from Offers A and
B is lower than the evaluated price of Offer C. Award the combination
of Offers A and B. Note that if Offer C had not specified all-or-none
award, award would be made on Offer C for line items 3 and 4, totaling
an award of $32,000.
(b) Example 2.
----------------------------------------------------------------------------------------------------------------
Offers
Item -----------------------------------------------------------
A B C
----------------------------------------------------------------------------------------------------------------
1................................................... DO = $50,000 EL = $50,500 NEL = $50,000
[[Page 6189]]
2................................................... NEL = 10,300 NEL = 10,000 EL = 10,200
3................................................... EL = 20,400 EL = 21,000 NEL = 20,200
4................................................... DO = 10,500 DO = 10,300 DO = 10,400
-----------------------------------------------------------
Total........................................... 91,200 91,800 90,800
----------------------------------------------------------------------------------------------------------------
Problem: The solicitation specifies award on a group basis. Assume
the Buy American statute applies and the acquisition cannot be set
aside for small business concerns. All offerors are large businesses.
Analysis: (see 25.503(c))
STEP 1: Determine which of the offers are domestic (see
25.503(c)(1)):
------------------------------------------------------------------------
Domestic (percent) Determination
------------------------------------------------------------------------
A............ $50,000 (Offer A1) + $10,500 (Offer A4) Domestic.
= $60,500.
$60,500/$91,200 (Offer A Total) = 66.3%.
B............ $10,300 (Offer B4)/$91,800 (Offer B Foreign.
Total) $ = 11.2%.
C............ $10,400 (Offer C4)/$90,800 (Offer C Foreign.
Total) = 11.5%.
------------------------------------------------------------------------
STEP 2: Determine whether foreign offers are eligible or
noneligible offers (see 25.503(c)(2)):
------------------------------------------------------------------------
Domestic + eligible (percent) Determination
------------------------------------------------------------------------
A............ N/A (Both Domestic)..................... Domestic.
B............ $50,500 (Offer B1) + $21,000 (Offer B3) Eligible.
+ $10,300 (Offer B4) = $81,800.
$81,800/$91,800 (Offer B Total) = 89.1%.
C............ $10,200 (Offer C2) + $10,400 (Offer C4) Noneligible.
= $20,600.
$20,600/$90,800 (Offer C Total) = 22.7%.
------------------------------------------------------------------------
STEP 3: Determine whether to apply an evaluation factor (see
25.503(c)(3)). The low offer (Offer C) is a foreign offer. There is no
eligible offer lower than the domestic offer. Therefore, apply the
factor to the low offer. Addition of the 20 percent factor (use 30
percent if Offer A is a small business) to Offer C yields an evaluated
price of $108,960 ($90,800 + 20 percent). Award on Offer A (see
25.502(c)(4)(ii)). Note that, if Offer A were greater than Offer B, an
evaluation factor would not be applied, and award would be on Offer C
(see 25.502(c)(3)).
25.601 [Amended]
0
15. Amend section 25.601 by removing the definition ``Steel''.
25.604 [Amended]
0
16. Amend section 25.604 in paragraph (c)(2) by removing ``6 percent''
and adding ``20 percent'' in its place.
25.605 [Amended]
0
17. Amend section 25.605 by--
0
a. Removing from paragraph (a)(2) ``6 percent'' and adding ``20
percent'' in its place; and
0
b. Removing from paragraph (a)(3) ``.06'' and adding ``.20'' in its
place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
18. Amend section 52.212-3 by--
0
a. Revising the date of the provision; and
0
b. Revising paragraphs (f)(1), (g)(1)(i), the first sentence of
(g)(1)(ii), and (g)(1)(iii) introductory text.
The revisions read as follows:
52.212-3 Offeror Representations and Certifications--Commercial
Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (Jan 2021)
* * * * *
(f) * * *
(1)(i) The Offeror certifies that each end product, except those
listed in paragraph (f)(2) of this provision, is a domestic end
product.
(ii) The Offeror shall list as foreign end products those end
products manufactured in the United States that do not qualify as
domestic end products.
(iii) The terms ``domestic end product,'' ``end product,''
``foreign end product,'' and ``United States'' are defined in the
clause of this solicitation entitled ``Buy American-Supplies.''
* * * * *
(g)(1) * * *
(i)(A) The Offeror certifies that each end product, except those
listed in paragraph (g)(1)(ii) or (iii) of this provision, is a
domestic end product.
(B) The terms ``Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian end product,'' ``domestic end product,'' ``end product,''
``foreign end product,'' ``Free Trade Agreement country,'' ``Free
Trade Agreement country end product,'' ``Israeli end product,'' and
``United States'' are defined in the clause of this solicitation
entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''
(ii) The Offeror certifies that the following supplies are Free
Trade Agreement country end products (other than Bahrainian,
Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled
``Buy American--Free Trade Agreements--Israeli Trade Act.''
* * * * *
(iii) The Offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (g)(1)(ii) of this
provision) as defined in the clause of this solicitation entitled
``Buy American--Free Trade Agreements--Israeli Trade Act.'' The
Offeror shall list as other foreign end products those end products
manufactured in the United States that do not qualify as domestic
end products.
* * * * *
0
19. Amend section 52.212-5 by--
[[Page 6190]]
0
a. Revising the date of the clause; and
0
b. Removing from paragraphs (b)(48) and (b)(49)(i) through (iv) ``(MAY
2014)'' and adding ``(JAN 2021)'' in their places, respectively.
The revision 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 (Jan 2021)
* * * * *
0
20. Amend section 52.213-4 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b)(1)(xvii) introductory text ``(MAY
2014)'' and adding ``(JAN 2021)'' in its place.
The revision reads as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (Jan 2021)
* * * * *
0
21. Amend section 52.225-1 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a):
0
i. Removing from paragraph (1)(i) in the definition ``Commercially
available off-the-shelf (COTS) item'' ``FAR'' and adding ``Federal
Acquisition Regulation (FAR)'' in its place;
0
ii. Revising the definition ``Domestic end product'';
0
iii. Adding in alphabetical order the definitions ``Fastener''
``Foreign iron and steel'' ``Predominantly of iron or steel or a
combination of both'' and ``Steel''; and
0
c. Revising paragraph (b).
The revisions and additions read as follows:
52.225-1 Buy American--Supplies.
* * * * *
Buy American--Supplies (Jan 2021)
(a) * * *
Domestic end product means--
(1) For an end product that does not consist wholly or
predominantly of iron or steel or a combination of both--
(i) An unmanufactured end product mined or produced in the
United States;
(ii) An end product manufactured in the United States, if--
(A) The cost of its components mined, produced, or manufactured
in the United States exceeds 55 percent of the cost of all its
components. Components of foreign origin of the same class or kind
as those that the agency determines are not mined, produced, or
manufactured in sufficient and reasonably available commercial
quantities of a satisfactory quality are treated as domestic.
Components of unknown origin are treated as foreign. Scrap
generated, collected, and prepared for processing in the United
States is considered domestic; or
(B) The end product is a COTS item; or
(2) For an end product that consists wholly or predominantly of
iron or steel or a combination of both, an end product manufactured
in the United States, if the cost of foreign iron and steel
constitutes less than 5 percent of the cost of all the components
used in the end product. The cost of foreign iron and steel includes
but is not limited to the cost of foreign iron or steel mill
products (such as bar, billet, slab, wire, plate, or sheet),
castings, or forgings utilized in the manufacture of the end product
and a good faith estimate of the cost of all foreign iron or steel
components excluding COTS fasteners. Iron or steel components of
unknown origin are treated as foreign. If the end product contains
multiple components, the cost of all the materials used in such end
product is calculated in accordance with the definition of ``cost of
components''.
* * * * *
Fastener means a hardware device that mechanically joins or
affixes two or more objects together. Examples of fasteners are
nuts, bolts, pins, rivets, nails, clips, and screws.
* * * * *
Foreign iron and steel means iron or steel products not produced
in the United States. Produced in the United States means that all
manufacturing processes of the iron or steel must take place in the
United States, from the initial melting stage through the
application of coatings, except metallurgical processes involving
refinement of steel additives. The origin of the elements of the
iron or steel is not relevant to the determination of whether it is
domestic or foreign.
Predominantly of iron or steel or a combination of both means
that the cost of the iron and steel content exceeds 50 percent of
the total cost of all its components. The cost of iron and steel is
the cost of the iron or steel mill products (such as bar, billet,
slab, wire, plate, or sheet), castings, or forgings utilized in the
manufacture of the product and a good faith estimate of the cost of
iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron,
between 0.02 and 2 percent carbon, and may include other elements.
* * * * *
(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 domestic
content test of the Buy American statute is waived for an end
product that is a COTS item (see 12.505(a)(1)), except that for an
end product that consists wholly or predominantly of iron or steel
or a combination of both, the domestic content test is applied only
to the iron and steel content of the end product, excluding COTS
fasteners.
* * * * *
0
22. Amend section 52.225-2 by--
0
a. Revising the date of the provision and paragraphs (a) and (b);
0
b. Removing from paragraph (c) ``Part'' and adding ``part'' in its
place.
The revisions read as follows:
52.225-2 Buy American Certificate.
* * * * *
Buy American Certificate (Jan 2021)
(a)(1) The Offeror certifies that each end product, except those
listed in paragraph (b) of this provision, is a domestic end
product.
(2) The Offeror shall list as foreign end products those end
products manufactured in the United States that do not qualify as
domestic end products.
(3) The terms ``domestic end product,'' ``end product,'' and
``foreign end product'' are defined in the clause of this
solicitation entitled ``Buy American--Supplies.''
(b) Foreign End Products:
Line item No. Country of origin
________ ________
________ ________
________ ________
[List as necessary.]
* * * * *
0
23. Amend section 52.225-3 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a):
0
i. Removing from paragraph (1)(i) in the definition ``Commercially
available off-the-shelf (COTS) item'' ``FAR'' and adding ``Federal
Acquisition Regulation (FAR)'' in its place;
0
ii. Revising the definition ``Domestic end product''; and
0
iii. Adding in alphabetical order the definitions ``Fastener''
``Foreign iron and steel'' ``Predominantly of iron or steel or a
combination of both'' and ``Steel'';
0
c. Revising the second sentence of paragraph (c);
0
d. Revising the date in the introductory text and the second sentence
of paragraph (c) of Alternate I;
0
e. Revising the date in the introductory text and the second sentence
of paragraph (c) of Alternate II and adding a period to the end of
paragraph (c); and
0
f. Revising the date in the introductory text and the second sentence
of paragraph (c) of Alternate III.
The revisions and additions read as follows:
52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act.
* * * * *
Buy American--Free Trade Agreements--Israeli Trade Act (Jan 2021)
(a) * * *
Domestic end product means--
[[Page 6191]]
(1) For an end product that does not consist wholly or
predominantly of iron or steel or a combination of both--
(i) An unmanufactured end product mined or produced in the
United States;
(ii) An end product manufactured in the United States, if--
(A) The cost of its components mined, produced, or manufactured
in the United States exceeds 55 percent of the cost of all its
components. Components of foreign origin of the same class or kind
as those that the agency determines are not mined, produced, or
manufactured in sufficient and reasonably available commercial
quantities of a satisfactory quality are treated as domestic.
Components of unknown origin are treated as foreign. Scrap
generated, collected, and prepared for processing in the United
States is considered domestic; or
(B) The end product is a COTS item; or
(2) For an end product that consists wholly or predominantly of
iron or steel or a combination of both, an end product manufactured
in the United States, if the cost of foreign iron and steel
constitutes less than 5 percent of the cost of all the components
used in the end product. The cost of foreign iron and steel includes
but is not limited to the cost of foreign iron or steel mill
products (such as bar, billet, slab, wire, plate, or sheet),
castings, or forgings utilized in the manufacture of the end product
and a good faith estimate of the cost of all foreign iron or steel
components excluding COTS fasteners. Iron or steel components of
unknown origin are treated as foreign. If the end product contains
multiple components, the cost of all the materials used in such end
product is calculated in accordance with the definition of ``cost of
components''.
* * * * *
Fastener means a hardware device that mechanically joins or
affixes two or more objects together. Examples of fasteners are
nuts, bolts, pins, rivets, nails, clips, and screws.
* * * * *
Foreign iron and steel means iron or steel products not produced
in the United States. Produced in the United States means that all
manufacturing processes of the iron or steel must take place in the
United States, from the initial melting stage through the
application of coatings, except metallurgical processes involving
refinement of steel additives. The origin of the elements of the
iron or steel is not relevant to the determination of whether it is
domestic or foreign.
* * * * *
Predominantly of iron or steel or a combination of both means
that the cost of the iron and steel content exceeds 50 percent of
the total cost of all its components. The cost of iron and steel is
the cost of the iron or steel mill products (such as bar, billet,
slab, wire, plate, or sheet), castings, or forgings utilized in the
manufacture of the product and a good faith estimate of the cost of
iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron,
between 0.02 and 2 percent carbon, and may include other elements.
* * * * *
(c) * * * In accordance with 41 U.S.C. 1907, the domestic
content test of the Buy American statute is waived for an end
product that is a COTS item (see 12.505(a)(1)), except that for an
end product that consists wholly or predominantly of iron or steel
or a combination of both, the domestic content test is applied only
to the iron and steel content of the end product, excluding COTS
fasteners. * * *
Alternate I (Jan 2021) * * *
(c) * * * In accordance with 41 U.S.C. 1907, the domestic
content test of the Buy American statute is waived for an end
product that is a COTS item (see 12.505(a)(1)), except that for an
end product that consists wholly or predominantly of iron or steel
or a combination of both, the domestic content test is applied only
to the iron and steel content of the end product, excluding COTS
fasteners. * * *
Alternate II (Jan 2021) * * *
(c) * * * In accordance with 41 U.S.C. 1907, the domestic
content test of the Buy American statute is waived for an end
product that is a COTS item (see 12.505(a)(1)), except that for an
end product that consists wholly or predominantly of iron or steel
or a combination of both, the domestic content test is applied only
to the iron and steel content of the end product, excluding COTS
fasteners. * * *
Alternate III (Jan 2021) * * *
(c) * * * In accordance with 41 U.S.C. 1907, the domestic
content test of the Buy American statute is waived for an end
product that is a COTS item (see 12.505(a)(1)), except that for an
end product that consists wholly or predominantly of iron or steel
or a combination of both, the domestic content test is applied only
to the iron and steel content of the end product, excluding COTS
fasteners. * * *
0
24. Amend section 52.225-4 by--
0
a. Revising the date of the provision;
0
b. Revising paragraph (a);
0
c. In paragraph (b) introductory text removing ``offeror'' and adding
``Offeror'' in its place;
0
d. Revising the first and second sentences of paragraph (c);
0
e. Removing from paragraph (d) ``Part'' and adding ``part'' in its
place;
0
f. In Alternate I by--
0
i. Revising the date of the Alternate; and
0
ii. Removing from paragraph (b) introductory text ``offeror'' and
adding ``Offeror'' in its place;
0
g. In Alternate II by--
0
i. Revising the date of the Alternate; and
0
ii. Removing from paragraph (b) introductory text ``offeror'' and
adding ``Offeror'' in its place; and
0
h. In Alternate III by--
0
i. Revising the date of the Alternate; and
0
ii. Removing from paragraph (b) introductory text ``offeror'' and
adding ``Offeror'' in its place, and removing from the second paragraph
of (b) ``Products (Other'' and adding ``Products (other'' in its place.
The revisions read as follows:
52.225-4 Buy American--Free Trade Agreements--Israeli Trade Act
Certificate.
* * * * *
Buy American--Free Trade Agreements--Israeli Trade Act Certificate (Jan
2021)
(a)(1) The Offeror certifies that each end product, except those
listed in paragraph (b) or (c) of this provision, is a domestic end
product.
(2) The terms ``Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian end product,'' ``domestic end product,'' ``end product,''
``foreign end product,'' ``Free Trade Agreement country,'' ``Free
Trade Agreement country end product,'' ``Israeli end product,'' and
``United States'' are defined in the clause of this solicitation
entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''
* * * * *
(c) The Offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (b) of this
provision) as defined in the clause of this solicitation entitled
``Buy American--Free Trade Agreements--Israeli Trade Act.'' The
Offeror shall list as other foreign end products those end products
manufactured in the United States that do not qualify as domestic
end products.
* * * * *
Alternate I (Jan 2021) * * *
Alternate II (Jan 2021) * * *
Alternate III (Jan 2021) * * *
0
25. Amend section 52.225-9 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a):
0
i. Removing from paragraph (1)(i) in the definition ``Commercially
available off-the-shelf (COTS) item'' ``FAR'' and adding ``Federal
Acquisition Regulation (FAR)'' in its place;
0
ii. Revising the definition ``Domestic construction material''; and
0
iii. Adding in alphabetical order the definitions ``Fastener''
``Foreign iron and steel'' ``Predominantly of iron or steel or a
combination of both'' and ``Steel'';
0
c. Revising paragraph (b)(1);
0
d. Removing from paragraph (b)(3)(i) ``6 percent'' and adding ``20
percent'' in its place; and
0
e. Revising paragraph (d).
The revisions and additions read as follows:
52.225-9 Buy American--Construction Materials.
* * * * *
[[Page 6192]]
Buy American--Construction Materials (Jan 2021)
(a) * * *
Domestic construction material means--
(1) For construction material that does not consist wholly or
predominantly of iron or steel or a combination of both--
(i) An unmanufactured construction material mined or produced in
the United States; or
(ii) A construction material manufactured in the United States,
if--
(A) The cost of its components mined, produced, or manufactured
in the United States exceeds 55 percent of the cost of all its
components. Components of foreign origin of the same class or kind
for which nonavailability determinations have been made are treated
as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or
predominantly of iron or steel or a combination of both, a
construction material manufactured in the United States if the cost
of foreign iron and steel constitutes less than 5 percent of the
cost of all components used in such construction material. The cost
of foreign iron and steel includes but is not limited to the cost of
foreign iron or steel mill products (such as bar, billet, slab,
wire, plate, or sheet), castings, or forgings utilized in the
manufacture of the construction material and a good faith estimate
of the cost of all foreign iron or steel components excluding COTS
fasteners. Iron or steel components of unknown origin are treated as
foreign. If the construction material contains multiple components,
the cost of all the materials used in such construction material is
calculated in accordance with the definition of ``cost of
components''.
Fastener means a hardware device that mechanically joins or
affixes two or more objects together. Examples of fasteners are
nuts, bolts, pins, rivets, nails, clips, and screws.
* * * * *
Foreign iron and steel means iron or steel products not produced
in the United States. Produced in the United States means that all
manufacturing processes of the iron or steel must take place in the
United States, from the initial melting stage through the
application of coatings, except metallurgical processes involving
refinement of steel additives. The origin of the elements of the
iron or steel is not relevant to the determination of whether it is
domestic or foreign.
Predominantly of iron or steel or a combination of both means
that the cost of the iron and steel content exceeds 50 percent of
the total cost of all its components. The cost of iron and steel is
the cost of the iron or steel mill products (such as bar, billet,
slab, wire, plate, or sheet), castings, or forgings utilized in the
manufacture of the product and a good faith estimate of the cost of
iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron,
between 0.02 and 2 percent carbon, and may include other elements.
* * * * *
(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 domestic content
test of the Buy American statute is waived for construction material
that is a COTS item, except that for construction material that
consists wholly or predominantly of iron or steel or a combination
of both, the domestic content test is applied only to the iron and
steel content of the construction materials, excluding COTS
fasteners. (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.
* * * * *
(d) Data. To permit evaluation of requests under paragraph (c)
of this clause based on unreasonable cost, the Contractor shall
include the following information and any applicable supporting data
based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
----------------------------------------------------------------------------------------------------------------
Unit of Price
Construction material description measure Quantity (dollars) *
----------------------------------------------------------------------------------------------------------------
Item 1:
Foreign construction material.
Domestic construction material.
Item 2:
Foreign construction material.
Domestic construction material.
----------------------------------------------------------------------------------------------------------------
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry
certificate is issued)].
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral,
attach summary.]
[Include other applicable supporting information.]
(End of clause)
0
26. Amend section 52.225-11 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a):
0
i. Removing from paragraph (1)(i) in the definition ``Commercially
available off-the-shelf (COTS) item'' ``FAR'' and adding ``Federal
Acquisition Regulation (FAR)'' in its place;
0
ii. Revising the definition ``Domestic construction material'';
0
iii. Adding in alphabetical order the definitions ``Fastener''
``Foreign iron and steel'' ``Predominantly of iron or steel or a
combination of both'' and ``Steel'';
0
c. Revising paragraph (b)(1);
0
d. Removing from paragraph (b)(4)(i) ``6 percent'' and adding ``20
percent'' in its place;
0
e. Revising paragraph (d);
0
f. In Alternate I--
0
i. Revising the date of the Alternate; and
0
ii. Revising paragraph (b)(1).
The revisions and additions read as follows:
52.225-11 Buy American--Construction Materials Under Trade Agreements.
* * * * *
Buy American--Construction Materials Under Trade Agreements (Jan 2021)
(a) * * *
Domestic construction material means--
(1) For construction material that does not consist wholly or
predominantly of iron or steel or a combination of both--
(i) An unmanufactured construction material mined or produced in
the United States; or
(ii) A construction material manufactured in the United States,
if--
(A) The cost of its components mined, produced, or manufactured
in the United States exceeds 55 percent of the cost of all its
components. Components of foreign origin of the same class or kind
for which nonavailability determinations have been made are treated
as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or
predominantly of iron or steel or a combination of both, a
construction material manufactured in the United States if the cost
of foreign iron and steel constitutes less than 5 percent of the
cost of all components used in such construction material. The cost
of foreign iron and steel includes but is not limited to the cost of
foreign iron or steel mill products (such as bar, billet, slab,
wire, plate, or sheet), castings, or forgings utilized in the
manufacture of the construction material and a good faith estimate
of the cost of all foreign iron or steel components excluding COTS
fasteners. Iron or steel components of unknown origin are treated as
foreign. If the
[[Page 6193]]
construction material contains multiple components, the cost of all
the materials used in such construction material is calculated in
accordance with the definition of ``cost of components''.
Fastener means a hardware device that mechanically joins or
affixes two or more objects together. Examples of fasteners are
nuts, bolts, pins, rivets, nails, clips, and screws.
* * * * *
Foreign iron and steel means iron or steel products not produced
in the United States. Produced in the United States means that all
manufacturing processes of the iron or steel must take place in the
United States, from the initial melting stage through the
application of coatings, except metallurgical processes involving
refinement of steel additives. The origin of the elements of the
iron or steel is not relevant to the determination of whether it is
domestic or foreign.
* * * * *
Predominantly of iron or steel or a combination of both means
that the cost of the iron and steel content exceeds 50 percent of
the total cost of all its components. The cost of iron and steel is
the cost of the iron or steel mill products (such as bar, billet,
slab, wire, plate, or sheet), castings, or forgings utilized in the
manufacture of the product and a good faith estimate of the cost of
iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron,
between 0.02 and 2 percent carbon, and may include other elements.
* * * * *
(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 domestic content
test of the Buy American statute is waived for construction material
that is a COTS item, except that for construction material that
consists wholly or predominantly of iron or steel or a combination
of both, the domestic content test is applied only to the iron and
steel content of the construction material, excluding COTS
fasteners. (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.
* * * * *
(d) Data. To permit evaluation of requests under paragraph (c)
of this clause based on unreasonable cost, the Contractor shall
include the following information and any applicable supporting data
based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
------------------------------------------------------------------------
Construction material Unit of Price
description measure Quantity (dollars) *
------------------------------------------------------------------------
Item 1:
Foreign construction
material.
Domestic
construction
material.
Item 2:
Foreign construction
material.
Domestic
construction
material.
------------------------------------------------------------------------
[* Include all delivery costs to the construction site and any
applicable duty (whether or not a duty-free entry certificate is
issued)].
[List name, address, telephone number, and contact for suppliers
surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
(End of clause)
Alternate I (Jan 2021) * * *
(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 domestic content
test of the Buy American statute is waived for construction material
that is a COTS item, except that for construction material that
consists wholly or predominantly of iron or steel or a combination
of both, the domestic content test is applied only to the iron and
steel content of the construction material, excluding COTS
fasteners. (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
this acquisition. Therefore, the Buy American statute restrictions
are waived for designated country construction materials other than
Bahrainian, Mexican, or Omani construction materials.
* * * * *
0
27. Amend section 52.225-21 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a) in the definition ``Steel'' removing ``.02'' and
adding ``0.02'' in its place;
0
c. Removing from paragraph (b)(4)(i)(B) ``6 percent'' and adding ``20
percent'' in its place;
0
d. Removing from paragraph (c) heading ``Section'' and adding
``section'' in its place; and
0
e. In paragraph (d):
0
i. Removing from the first undesignated paragraph following the table
``reponse'' and adding ``response'' in its place; and
0
ii Removing from the second undesignated paragraph following the table
``*Include'' and adding ``[*Include'' in its place.
The revision 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 (Jan 2021)
* * * * *
0
28. Amend section 52.225-22 by--
0
a. Revising the date of the provision;
0
b. Removing from paragraph (b) ``offeror'' and adding ``Offeror'' in
its place wherever it appears;
0
c. Removing from paragraph (c)(1)(ii) ``6 percent'' and adding ``20
percent'' in its place;
0
d. Removing from paragraph (c)(3) ``offeror'' and adding ``Offeror'' in
its place; and
0
e. Removing from paragraphs (d)(1), (2), and (3) introductory text
``offeror'' and adding ``Offeror'' in their places, respectively.
The revision 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 (Jan 2021)
* * * * *
0
29. Amend section 52.225-23 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), in the definition ``Steel'' removing ``.02'' and
adding ``0.02'' in its place; and
0
c. Removing from paragraph (b)(4)(i)(B) ``6 percent'' and adding ``20
percent'' in its place.
The revision reads as follows:
[[Page 6194]]
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 (Jan
2021)
* * * * *
0
30. Amend section 52.225-24 by--
0
a. Revising the date of the provision;
0
b. Removing from paragraph (b) ``offeror'' and adding ``Offeror'' in
its place wherever it appears;
0
c. Removing from paragraph (c)(1)(ii) ``6 percent'' and adding ``20
percent'' in its place;
0
d. Removing from paragraph (c)(3) ``offeror'' and adding ``Offeror'' in
its place; and
0
e. Removing from paragraphs (d)(1), (2), and (3) introductory text
``offeror'' and adding ``Offeror'' in their places, respectively.
The revision 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 (Jan 2021)
* * * * *
[FR Doc. 2021-00710 Filed 1-15-21; 8:45 am]
BILLING CODE 6820-EP-P