[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Rules and Regulations]
[Pages 12798-12799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04174]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR-2022-0051, Sequence No. 2]


Federal Acquisition Regulation; Federal Acquisition Circular 
2022-05; Small Entity Compliance Guide

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

ACTION: Small Entity Compliance Guide (SECG).

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

SUMMARY: This document is issued under the joint authority of DoD, GSA, 
and NASA. This Small Entity Compliance Guide has been prepared in 
accordance with section 212 of the Small Business Regulatory 
Enforcement Fairness Act of 1996. It consists of a summary of the rule 
appearing in Federal Acquisition Circular (FAC) 2022-05, which amends 
the Federal Acquisition Regulation (FAR). Interested parties may obtain 
further information regarding this rule by referring to FAC 2022-05, 
which precedes this document.

DATES:  March 7, 2022.

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

FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement 
Analyst, at 703-605-2868 or by email at [email protected], for 
clarification of content. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755 or [email protected]. Please cite FAC 2022-05, FAR Case 
2021-008.

                       Rule Listed in FAC 2022-05
------------------------------------------------------------------------
                           Subject                             FAR case
------------------------------------------------------------------------
Amendments to the FAR Buy American Act--Requirements........    2021-008
------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the 
actual revisions and/or amendments made by this FAR rule, refer to the 
specific subject set forth in the document following this summary. FAC 
2022-05 amends the FAR as follows:

Amendments to the FAR Buy American Act Requirements (FAR Case 2021-008)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
implement section 8 of E.O. 14005, Ensuring the Future Is Made in All 
of America by All of America's Workers. Upon the October 25, 2022, 
effective date, this final FAR rule changes the domestic content 
threshold to 60 percent immediately, then to 65 percent for items 
delivered starting in calendar year 2024, and then to 75 percent for 
items delivered starting in calendar year 2029. While a supplier that 
is awarded a contract with a period of performance that spans this 
schedule of domestic content threshold increases will be required to 
comply with each increased threshold for the items in the year of 
delivery, this rule allows for the agency senior procurement executive 
to apply an alternate domestic content test under which the contractor 
would be required to comply with the domestic content threshold in 
place at time of award for the entire life of the contract.
    This final rule also creates a fallback threshold that would allow 
for products

[[Page 12799]]

and construction material meeting a 55 percent domestic content 
threshold to qualify as ``domestic'' under certain circumstances.
    In addition, the final rule creates a framework for application of 
an enhanced price preference for a domestic product/domestic 
construction material that is considered a critical item or made up of 
critical components. The list of critical items and critical 
components, along with the associated enhanced price preference, will 
be incorporated in the FAR through separate rulemaking.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2022-04174 Filed 3-4-22; 8:45 am]
BILLING CODE 6820-EP-P