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In doing some research I noticed that the subject clause ("Contractor Code of Business Ethics and Conduct") is now dated June 2020.

Did anybody see the FAC that modified the clause? Because I did not. I wasn't even aware there was an open FAR case.

Thanks for any insights.

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46 minutes ago, Retreadfed said:

See the FR of May 6, 2020.  The change is part of the changes made as a result of the adjustments for inflation.

Thank you!


So FAC 2020-06 is the reference. Implementing FAR Case 2018-007.



Amend section 52.203-13 by revising the date of the clause and removing from paragraph (d)(1) “have a value in excess of $5.5 million” and adding “exceed the threshold specified in FAR 3.1004(a) on the date of subcontract award” in its place.

FAR 3.1004(a), the prescription, states


Insert the clause at FAR 52.203-13, Contractor Code of Business Ethics and Conduct, in solicitations and contracts if the value of the contract is expected to exceed $5.5 million and the performance period is 120 days or more.

So, if I understand correctly, the implementation of FAR Case 2018-007 resulted in the applicable dollar threshold being removed from the clause and added to the prescription. There was not actually any change to the clause applicability. Got it.

I suppose that change will make it easier to implement future inflation adjustments. Otherwise, I'm at a loss to understand why this was worth anybody working on and getting OIRA clearance. As Mr. Spock famously said, "A difference that makes no difference is no difference."

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